The Haryana Backward Classes Commission Act, 2016 (9 of 2016)

English — official source version

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HARYANA GOVT. GAZ. (EXTRA), APR.20, 2016 (CHTR. 31, 1938 SAKA) 43 

HARYANA GOVERNMENT 

LAW AND LEGISLATIVE DEPARTMENT 

Notification 

The 20th April, 2016 

No. Leg. 12/2016.— The following Act of the Legislature of the State of Haryana received 

the assent of the Governor of Haryana on the 1st April, 2016 and is hereby published for general 

information :— 
HARYANA ACT NO. 9 OF 2016 

THE HARYANA BACKWARD 
CLASSES COMMISSION 

ACT, 2016 

AN 

ACT 

10 constitute the Haryana Backward Classes Commission and to 

provide for matters connected therewith or incidental thereto. 

Be it enacted by the Legislature of the State of Haryana in the Sixty-seventh Year of the 

Republic of India as follows :- 

1. This Act may be called the Haryana Backward Classes Commission Act, 2016. Short title. 

2. In this Act, unless the context otherwise requires,- 
Definitions. 

(@) «Backward Classes” means such Backward Classes as notified by the State 

Government in the Official Gazette from time to time; 

® «“Commission” ~ means the Haryana Backward ~ Classes Commission 

constituted under section 3; 

()  "Member" means a Member of the Commission  and includes the 

| 
Chairperson; 

i 
(d) "prescribed” means prescribed by the rules made under this Act; 

(e) “State Government” means the Government of the State of Haryana. 

3. (1) The State Government, by notification in the Official Gazette, shall constitute a Constitution of 

body to be known as the Haryana Backward Classes Commission to_exercise the powers Haryana 

conferred on and to perform the functions assigned to it under this Act. 
Bcfim.”fig”m 

(2) The Commission shall consist of the following Members to be nominated by the 

State Government, namely:- 

(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 

@ a Member-Secretary, who is or has been an officer of the State 

Government not below the rank of Secretary to the Government, Haryana. 

4. (1) Every Member shall hold office for a term of three years from the date he Tem of officc 

assumes office. 

e eomditions of 

(2) A Member may, by writing under his hand addressed to the State Governme geniceiof 

resign from his office atany time. 
ent, ahca:hp::on and 

(3). The State Government shall remove 2 Member if he,- 

(a) becomesan undischarged insolvent; or 

®) i con_vi_cled and sentenced to imprisonment for an offence which in 

the opinion of the State Government involves moral turpitude; or : 

(c) becomes of unsound mind and 

court; or 
stands 50 declared by a competent 



44 HARYANA GOVT. GAZ. (EXTRA), APR. 20, 2016 (CHTR. 31, 1938 SAKA) 

(d)  refusestoactor becomes incapable of acting; or 

€ s, without obtaining leave of absence from the Commission, absent 

from three consecutive meetings of the Commission; or 

(f) has,in the opinion of the State Government, SO abused the position 

of Member as 1o 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 sub-section 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 be prescribed. 

Officers and other 5. (1) The State Govemment shall provide the Commission with such officers and 

employees of employees, as may be necessary, for the efficient performance of the functions of the Commission 

Commission. 

Salaries and 

under this Act. 

(2) The salaries and allowances payable to and 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 Chairperson and Members and the 

allowancestobe  administrative expenses, including salaries, allowances and pensions payable to the officers and 

id f grants. 
N 

P B & 

paidoutolgnn other employees shall be paid out of the grants referred to in sub-section (1) of section 12. 

Ya?:y notto 7. No act or proceedings of the Commission shall be invalid merely on the ground of the 

‘p""‘mée::;p of existence of any vacancy, absence of Member or defect in the constitution of the Commission. 

Commssion. 

Procedure to be 8. (1y The Commission shall meet as and when necessary, at such time and place, as 

regulated by {he Chairperson may think fit. 
Commission. 

. 3 

(2) The Commission shall regulate its own procedure. 

(@) All orders and decisions of the Commission shall be authenticated by the 

Member-Secretary or any other officer of the Commission duly authorized by the Member- 

Secretary in this behalf. 

Funcliqn;of 9, The Commission shall examine requests for inclusion or exclusion of any class of 

Commission. citizens as a Backward Class and hear complaints of over-inclusion or under-inclusion of any 

Backward Class and tender such advice to the State Government, as it deems appropriate. 

Powers of 10. The Commission shall, while performing its functions under section 9, have all the 

Commission. powers of a civil court trying 2 suit and in particular, in respect of the following matters, namely:- 

()  summoning and enforcing the attendance of any person from any part of India 

and examining him on oath; 

(b) requiring the discovery and production of any document; 

© receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; 

(¢) issuing commissions for the examination of witnesses and documents; and 

(f  any other matter which may be prescribed. 

Periodic revision 11. (1) The State Government ma; i 

of Backward fror 1 ) i y, at any time and shall at the expiration of ten years 

b om the coming into force of this -Act and every s i i 

asses. 
ucceeding period of ten years thercafter, 

undertake the revision of the Backward Classes. 

(2)  The State Government i 5 

Commission. 
nt while acting under sub-section (1) shall consult the 



HARYANA GOVT. GAZ. (EXTRA.), APR. 20, 2016 (CHTR. 31, 1938 SAKA) 45 

) 12. (1) The State Government shall, after due appropriation made by the State 

Legislature by law in this behalf, pay to the Commission by way of grants, such sums of 

money, as the State Government may think fit for being utilized for the purposes of this Act. 

(2) The Commission may spend such sums, as it thinks fit for performing the 

functions under this Act, and such sums shall be treated as expenditure payable out of the grants 

referred to in sub-section (1). 

13.  The Commission shall maintain proper accounts and other relevant records and 

prepare an annual statement of accounts in such form, as may be prescribed. 

14. (1) The Commission shall prepare, in such form and at such time, for each 

financial year, as may be prescribed, its annual report giving a full account of its activities 

during the previous financial year and forward a copy thereof to the State Government. 

(2) The State Government shall cause the annual report to be laid before the 

State Legislature. 

15.  The Chairperson, Members and Employees of the Commission shall be deemed to 

be public servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860). 

16. (1) The State Government may, by notification in the Official Gazette, make 

rules for carrying out the provisions of this Act. 

(2) In particular, and without prejudice to the generality of the foregoing 

powers, such rules may provide for all or any of the following matters, namely:- 

(a) salaries and allowances payable to, and the other terms and 

conditions of service of Members; 

(b) the form in which the annual statement of accounts shall be 

prepared under section 13; 

(¢) the form in, and the time at, which the annual report shall be 

prepared under section 14; 

(d)  any other matter which is required to be, or may be, prescribed. 

(3)  Every rule made under this Act shall be laid, as soon as may be after it is 

made, before the State Legislature. 

17. (1) [Ifany difficulty arises in giving effect to the provisions of this Act, the 

State Government may, by order published in the Official Gazette, make provisions, not 

inconsistent with the provisions of this Act, as appear to it to be necessary or expedient, for 

removing the difficulty. 

(2) Every order made under sub-section (1) shall, as soon as may be after it is 

made, be laid before the State Legislature. 

Grants by State 
Govemnment. 

Accounts. 

Annual Report 

Chairperson, 
Members and 
employees of 
Commission to be 
public servants. 

Power to make rules. 

Power to remove 
difficulties. 

Seert KULDIP JAIN 
ecretary to Govcmmen; H; i arya 
Law and Legislative Departmel"::l ’ 

54252—L.R—H.GP., Chd,