SIKKIM GOVERNMEN1' GAZETTE EXTRAORDINARY PUBLISHED BY AlJrHORrTY -------------------.~.------ Gangtok, Monday 18th October, 1993. No. 142,------------.--~--------------~--;..---- No.8/LD/1993.
GOVERNMENT OF S[KKIM LAW DEPARTMENT GANGTOK Dated Gangtok the 18th October, 1993.
NOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 11th day of October, 1993 is hereby published for general information :-- THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993 ACT NO.8 OF 1993 short title, extent Qnd CODlmencement, DifjnitiQn.9.
AN ACT.
to constitute a State Commission for Backward Classes other 1h<n the Scheduled Castes and the Scheduled Tribes in Si1.kim and '10 provide. for matte-rs ccnne cted rher ewit h or incidental thereto.
BE it enacted by the Legislatme of Sikkirn in the Forty,folilth Year of the Rej.ublic cf India as Iol lcws :-
CHAPTER PHELlMJNARY I. (J) This Act may be cal led the Sikkim Commission fer Backws r iii Cla ssc :
Act, 1993.
(2) It extends to the whole of Sikkim,
(3) It shall come into force at once.
2. In this Act, unless tht. context otherwise requiTes . (a) "Backward classes", for the purpose of this Act means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in 1he lists ;
(b) "Commission" means the Sikkim Commission for Backward Classes COLftltuted under Section 3;
(c) "Lists" means lists prepared by the Government of Sikkim from time to time for purposes of maki.ng provision fer the reservation of appoin1ments Or p(j~ts in favour of backw~rd classes of citizens" hich, in the opinion of that Government, are nut 2dequatelyrepresented ;
(d) "Members" mear.s a Member of the Commission ar d includes t he Chair, person ;
(e) "prescribed" means prescribed by IIIles made under this Act.
Constitution if 3· the SiHim Commission Jor Backward Classes, Terw oj Office 4.
and conditions oj service cf Chairpnson and Members, Officers and other employees oj the Commission.
Salaries and oJ- [aw ances to be paid out o{ aronts.
')l acancies etc.
not to invalidate 2
CHAPTER - II THE SIKKIM COMMISSION FOR BACKWARD CLASSES
(1) The State Government shall by Notification in the Official Gazette, constitute a body to be known as the. Sikkim Commission for Backward Classes to exercise •.he powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Commission shall consist of net more than nine members to be nominated by the State Government.
(3) The State Government while constituting the Commission shall give due ccnsideratlon to persons having knowledge vf Social Sciences and matters relating to backward classes.
(4) The State Government shall appcint a person who is or has been a Jl1dge of a High Court to he the Chairperson of the Commission.
(5) A person who is or has been an Officer of the State Government in the rank of a Secretary to the Government of Sikkim shall be the Member Secretary of the Commission.
(1) Every Member shall hold office for a term of three years from the date he assumes office.
(2) A Member may, by writing under his hand addressed to the State Government, resign from the office of Chairperson or, as the Case may be, of Member at IIny time.
(3) The State Government shall remove a penon from the office of Member if that person -
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion cf the State Government, involves moral turpitude;
becomes of unsound milild and stands so declared by a. c(,mpetent court refuses to act or becomes incapable of acting ;
is, without obtaining leave of absence from the Commission, absent from three cc nsecutive meetings of the Commission ; or has, in the opinion of the State Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of baekwa I'd classes or the public interest :
(f)
Provided that no persson shall be removed under this Clause until the peuon has been given an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be tilled up by fresh nomination.
(5) The salaries and allowances payable to, and the other terms and <onditi(;l'.t'!
of service of, the Chairperson and Members shall be such as may be prercribed.
5. (d The State Covernment shall provide the Ccmmissicn with such officers and employees as may be neCessary for. the efficient performance of the functions of the Commission.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.
6. The salaries and allowances payable to the Chairperscr- and Members and the administrative expenses, including salaries, allowances and pensions payable to rhe officers and other employees referred to in section S, shall be paid out of the grants referred to in sub-section (I) of section 12.
7. No act or proceedings of the Ccmmission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission, Amendment of Section 50 3 In the said Act, in Section 50, after sub-section (4), the following proviso shall be inserted, namely:- "Provided that from the total number of seats reserved in the Zilla Panchayat for the Tribal Community in Sikkim, the seats for the Bhutia-Lepcha Community who belong to Tribal Community shall be proportionate to their population:
Provided further that the seats so reserved for the Bhutia- Lepcha Community shall not be less than minimum of 20% of the seats for the Tribal Community".
Jagat 8. Rai (SSJS) L.R-cum-Secretary Law Department S.G.P.G. - 321/ Com. 2/Gazette /100 Nos.! Of:- 14.06.2018.
• rocedut« to be . g.
reau[ate<f bJ tbe Com~issltm.
Function if the Commission.
Powers tif tlle CCfll1mi$Sion.
Periodic revision tif lists by r.he State Government.
Grants by the State Govern:
ment.
Account,~ and .A «dtt, 3 (r ) The Commission shall meet as. and when necessary at such time and place as th~ , Chairperson may thir.k fit.
(1) The Commission shall regulate its own procedure.
. (3) All orders and decisions of the Commission shallbe auther.t icat cd by the Mem-· bel' Secretary or any other officer of the Commission duly authorised by the Meml.er Secre: "r)' in this behalf.
CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION
9. (\) The Commission shall examine re(luests for inclusion of ~ny class of citizens as a backward class in the lists and hear cornplr int s of r.vcr-ir.clus ion or under-mclusion of any backward class in such lists and tender such advice' to the Stale Government as \ it deems appropriate.
(2) The advice of the Commission sh<lll 0 rdinarily be' binding uFon the State., Government.
J o. The Commission shall, while performng its Iunctions under sub-section (I) of section 9,.
have all the powers of a civil court trying a suit ,llld in part tcular , in l'('~peciof tJo.'e folfci" ing ..
rr.atters, namely r-
(a) summoning and enforcing the attendance d any per scn from any pat cf Jf\dia and ex'amirdng him on cath ;
(b) requiring the discovery and production of any document, (d receiving evidence en affidavits;
(d) requisitioning any public record or copy thereof from any Court or offic(';
(e) issuing commissions for (he exarnir at ion of wi tr.esse s and documents , 4lnd ([) any other matter which is required to be or may be, pJ"{'t'cribed, J I. (1) The State Government may at any tjJnt;, and shall, at lhe expira tjGn of ten years from comjng into force of this Act and e\er} mcceeding period of ten ye"rs thereafter, undertake revision ol the lists with a view to excluding [rc m such lists those classes who have ceased to be back ward classes or Cor including in me h lists l1(W backward classes.
(2) The State Government shall, while lmdert~l<;ng arl), revision referred to in sub-section (I), consult the Ccrnmission.
CHAPTER IV fINANCE, ACCOUNTS AND AUDIT
12. (I) The Sta~e Government 51-1311, alter due appropriauon made by State Leg;slature, by law in this bch;:lf, pay 10 the Ccmmissk,n by way cf gnnts such sums of money as the State Government may think fit for being utili sed for the purposes of this Act.·
(2) The Commission may spend such sums as jt thinlcs fit for performing' the functions under this Act, and such sums shall be treated ~I\ expenditure payable out of th~, grants referred (0 .In sub-sect!on (1), J 3. (I) The Commission shall maintain proper aCW\'1f11s and other relevant records and prepare an annual statement of accounts in met form as maJ be prescribed by the State Government in con~ultation with the Accountant General, Sikkim ,
(2) The acccunts of the Commission shall be audited by the Accountant General, Sikkim, at such intervals as may he specified by him and any expenditure inctlrred in connection with such audit shall he payable hy the Commission to the Accountant General, Sikkim.
(3) The Accountant Ceneral, Sikkim, and ,',11)'penGl1 appointed by him in connection with the audit of the accounts of the Commission LInder this Act shall have the same rights and privileges and the aurhoritv in connection with such audit as the Accountant General, Sikkim, generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of books, accounts, connec- ~pJ vouchers and other documents and papers and to inspect any of the offices of the SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok, Monday, 12th November, 2001 No. 412 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No.10 ILD/2001. Dated: 12.11.2001.
NOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 6th day of November, 2001 is hereby published for general information :- THE SIKKIM COMMISSION FOR BACKWARD CLASSES (AMENDMENT)ACT,2001 ACT NO.1 0 OF 2001 AN ACT to amend the Sikkim Commission for Backward Classes Act, 1993.
1. Be it enacted by the Legislature of Sikkim in the Fifty-Second Year of Republic of India as follows:· Shott title, extent and commencement ..
(1 ) This Act may be called the Sikkim Commission for Backward Classes (Amendment) Act, 2001!
It extends to the whole of Sikkim.(2) Amendment of section 3
(3) It shall come into force at once.
2. In the Sikkim Commission lor Backward Classes Act. 1993. in section 3, for sub-section 4, the following shall be substituted. namely:- "(4) The State Government shall appoint a person who is a socia-political worker of eminence, ability .. integrity and standing and who inspires confidence amongst the other backward classes as the Chairperson of the Commission".
By Order.
T. D. Rlnzlng, Secretary to the Govt, of Sikkim, Law Depanment.
F.No. 16(82) LD/2001 Printed at Sil<l<imGovernment Press, Gangtok.
THE SUBSEQUENT AMENDMENTS TO THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993 (ACT NO. 8 OF 1993) AMENDED AND UPDATED UPTO NOVEMBER, 2001