(1) This Act may be called the West Bengal Commission for Backward Classes Act, 1993.
(2) It extends to the whole of West Bengal.
(3) It shall come into force at once.
Short title, extent and commencement.
2. In this Act unless the context otherwise requires,— Definitions.
(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 the lists;
(b) "Commission" means the West Bengal Commission for Backward Classes constituted under section 3;
The West Bengal Commission for Backward Classes Act1993., [West Ben. Act (Chapter 11.—The West Bengal Commission for Backward Classes.—Sections 3, 4.)
(c) "lists" means lists prepared by the Government of West Bengal from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of West Bengal and any local or other authority within the territory of West Bengal or under the control of the Government of West Bengal;
(d) "Member" means a Member of the Commission and includes the Chairperson;
(e) "prescribed" means prescribed by rules made under this Act,
CHAPTER II The West Bengal Commission for Backward Classes Constitution of the Commission for Backward Classes.
Term of office and conditions of service of Chairperson and Members.
3. (I) The State Government shall constitute a body to be known as the West Bengal Commission for Backward Classes to exercise the powers conferred on, and to perform the functions assigned to, it under this Act,
(2) The Commission shall consist of the following Members nominated by the State Government:—
(a) A Chairperson, who is or has been a Judge of the High Court;
(b) a social scientist;
(c) two persons, who have special knowledge in matters relating to backward classes; and
(d) a Member-Secretary, who is or has been an officer of the State Government in the rank of a Secretary to the Government of West Bengal.
4. (I) 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 any time.
(3) The State Government shall remove a person 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 of the State Government, involves moral turpitude;
2 The West Bengal Commission for Backward Classes Act, 1993.
1 of 1883d (Chapter II.—The West Bengal Commission for Backward Classes.—Sections 5-8.)
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission;
or
(1) 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 backward classes or the public interest:
Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and Members shall be such as may he prescribed.