THE UTTAR PRADESH STATE COMMISSION FOR BACKWARD CLASSES ACT, 1996

THE UTTAR PRADESH STATE COMMISSION FOR BACKWARD 
CLASSES ACT, 19961 

(President's Act No.I of 1996) 
[Enacted by the President in the Forty-sixth year of the  

Republic of India] 
Amended by 

U.P. Act No. 28 of 2001 
U.P. Act No. 18 of 2005 
U.P. Act No. 10 of 2007 
U.P. Act No. 4 of 2014 

AN 
ACT 

to constitute a Commission for the State of Uttar Pradesh 
for Backward Classes other than the Scheduled Castes and the 
Scheduled Tribes and to provide for matters Connected 
therewith or incidental. 

In exercise of the powers conferred by Section 3 of the 
Uttar Pradesh State Legislative (Delegation of Powers) Act, 1995, 
the President is pleased to enact as follows:- 

CHAPTER-I 
Preliminary 

Short title and 
commencement 

1. (1) This Act may be called the Uttar Pradesh State
Commission for Backward Classes Act, 1996. 

(2) It shall be deemed to have come into force on 
November 17, 1994 

Definition 2. In this Act–
(a) "backward Classes" means such classes of 

citizens as are defined in clause (b) of section 2 of the 
Uttar Pradesh Public Services (Reservation for 
Scheduled Castes, Scheduled Tribes and other 
Backward Classes) Act, 1994 as amended from time to 
time: 

(b) "Commission" means the State Commission for 
Backward Classes constituted under Section 3: 

(c) Member" means a Member of the Commission and 
includes the Chairman: 

(d) "Schedule" means Schedule I to the Uttar 
Pradesh Public Services (Reservation for Schedule 
Castes, Scheduled Tribes and Other Backward 
Classes) Act, 1994 as amended from time to time. 

CHAPTER-II 
The State Commission for Backward Classes 

Constitution of 
the State 
Commission for 
Backward 
Classes 

3. (1) The State Government shall constitute a body to
be known as the State Commission for Backward Classes to 
exercise the powers conferred on, and to perform the 
functions assigned to it under this Act. 

(2) The headquarters of the Commission shall be at 
such place as the State Government may, by notification, 
specify. 

1. For Reasons of the enactment see at the end of this Act.

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996] 

Amendment 
of sec. 3 of 
President 
Act no. 1, 
1996 

1[(3) The Commission shall consist of a Chairman, two Vice 
Chairman and 2[ twenty-five other Member's] nominated by the 
State Government from amongst persons of eminence, ability and 
integrity] 

3(b) Provided that at least one representative from 
minority community shall be nominated as member in 
the Commission. 

Explanation-For the purposes of this Act the word 
'minority' shall have the same meaning as defined in the 
Uttar Pradesh Commission for Minorities Act, 1994 (U.P. 
Act no. 22 of 1994).] 

Term of office 
and condition 
of Service 

4. (1) 4 [The Chairman, Vice-Chairman or every other
member shall hold office for a term of one year from the date he 
assumes office: 

Provided that the Chairman, Vice-Chairman or other 
member shall hold office as such during the pleasure of the 
State Government.] 

(2) A member may, by writing under his hand addressed 
to the Governer, resign from the office of Chairman or, as the 
case may be, of Member at any time but shall continue to hold 
office until his resignation is accepted. 

(3) 5[x x x] 

(4) A vacancy caused under sub-section (2) or otherwise 
shall be filled by fresh appointment. 

(5) The salaries and allowances payable to, and other terms 
and conditions of service of the Chairman and Members shall 
be such as may be prescribed. 

6[(6) (a) The Chairman shall be having the status of a 
Minister of the State. 

(b) The Vice-Chairman shall be having the status of the 
Deputy Minister of the State;] 

Officers and 
other 
employees of 
the 
Commission 

5.(1) The State Government shall provide the Commission 
with a Secretary and such other 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 others 
terms and conditions of service of, the Secretary and other 
officers and employees appointed for the purpose of the 
Commission shall be such as may be prescribed. 

1. Subs. by sec. 2 of U.P. Act No. 10 of 2007.
2- Subs. by sec. 2(a) of U.P. Act No. 4 of 2014. 
3- Subs. by sec. 2(b) of U.P. Act No. 4 of 2014. 
4. Subs. by sec. 3(a) of U.P. Act No. 10 of 2007.
5. Omitted by sec.  3(b) of ibid.
6. Ins. by sec. 3(c) of U.P. Act No. 10 of 2007.

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996]

Salaries and 
allowances to 
be paid out of 
grants 

6. The salaries and allowances payable to the Chairman
and Members and the administrative expenses, including 
salaries, allowances and pensions payable to the officers and 
other employees referred to in Section 5, shall be paid out of the 
grants referred to in sub-section (1) of section 12. 

Vacancies, 
etc. not to 
invalidate 
proceedings 
of the 
Commission 

7. No act or proceeding of the Commission shall be invalid
on the ground merely of the existence of any vacancy or defect in 
the constitution of the Commission. 

Procedure to 
be regulated 
by the 
Commission 

8. (1) The Commission shall meet as and when necessary
at such time and place as the Chairman may think fit. 

(2) The Commission shall regulate its own procedure. 
(3) All orders and decision of the Commission shall be 

authenticated by the Secretary or any other officer of the 
Commission duly authorized by the Secretary in this behalf. 

Functions of 
the 
Commission 

CHAPTER-III 
Functions and powers of the Commission 

9. (1) The Commission shall perform all or any of the
following functions, namely:- 

(a) the Commission shall examine requests for inclusion 
of any class of citizens as a backward class in the schedule 
and hear complaints of wrong inclusion or non-inclusion of 
any backward class in the Schedule and tender such advice 
to the State Government as it deems appropriate; 

(b) to investigate and monitor all matters relating to 
the safeguards provided for the backward classes under 
any law for the time being in force or under any order of 
the State Government and to evaluate the working of 
such safeguards; 

(c) to enquire into specific complaints with respect to 
the deprivation of right and safeguards of the backward 
classes; 

(d) to participate and advice on the planning process of 
socio-economic development of the backward classes and to 
evaluate the progress of their development; 

(e) to present to the State Government Annually and 
at such other times as the Commission may deem fit, 
reports upon the working of those safeguards; 

(f) to make in such reports recommendations, as to 
the measures that should be taken by the State 
Government for the effective implementation of those 
safeguards and other measures for the protection, welfare 
and socio-economic development of the backward 
classes; and 

(g) to discharge such other function in relation to the 
protection, welfare, development and advancement of the 
backward classes as may be referred to it by the State 
Government. 

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996]

(2) The State Government shall cause the reports of the 
Commission to be laid before each House of the State 
Legislature alongwith a memorandum explaining the action 
taken or proposed to be taken on the recommendations and 
the reason for the non-acceptance, if any, of any of such 
recommendations. 

Powers of the 
Commission 

10. The Commission shall, while performing its functions
under sub-section (1) of section 9, have all the powers of a civil 
court trying a suit and in particular, in respect of the following 
matters, namely:- 

(a) summoning and enforcing the attendance of 
any person and examining him on oath; 

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

(c) receiving evidence on affidavits; 
(d) requisitioning any public record or copy thereof 

from any court or office: 
(e) issuing commissions for the examination of 

witnesses and documents; and 
(f) any other matter which may be prescribed. 

Periodic 
revision of 
the Schedule 
by the State 
Government 

11. (1) The State Government may at any time and shall,
at the expiration of ten years from the coming into force of the 
Act and every succeeding period of ten years thereafter, under 
take revision of the Schedule with a view to excluding from the 
Schedule those classes who have ceased to be backward classes 
or for including in the schedule new backward classes. 

(2) The State Government shall, while undertaking any 
revision referred to in sub-section (1), consult the Commission. 

Grants by the 
State 
Government 

CHAPTER-IV 
Finance, accounts and audit 

12.(1) The State Government shall, after due State 
Government appropriation made by the State Legislature by 
law in this behalf, pay to be Commission by way of grants such 
sums of money as the State Government to 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). 

Accounts and 
Audit 

13. (1) The commission shall maintain proper accounts
and other relevant records and prepare an annual statement 
of accounts in such form and manner as may be prescribed. 

(2) The accounts of the Commission shall be audited by 
such auditor and at such intervals as may be prescribed. 

(3) The auditor shall have such powers of requiring the 
production of books, accounts, connected vouchers and other 
documents and papers and for inspecting any of the offices of the 
Commission as may be prescribed. 

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996]

Annual 
report 

14. The Commission shall prepare annual report for
each financial year, in such form and at such time, as may be 
prescribed giving a full account of its activities during that 
financial year and forward a copy thereof to the State 
Government. 

Annual 
report and 
audit report 
to be laid 
before the 
State 
legislature 

15. The State Government shall cause the annual
report, together with a memorandum of action taken on the 
advice tendered by the Commission under Section 9 and the 
reasons for the non-acceptance, if any, of any such advice, and 
the audit report to be laid as soon as may be after they are 
received before both the Houses of the State Legislature. 

Chairman, 
Members & 
employees of 
the 
Commission 
to be public 
servants 

Power to make 
rules 

CHAPTER-V 

Miscellaneous 

16. The Chairman, members and employees of the
Commission shall be deemed to be public servants within the 
meaning of section 21 of the Indian Penal Code. 

17. (1) The State Government may, by notification, make
rules for carrying out the purposes 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 other 
terms and conditions of service of the Chairman and 
Members under sub section (8) of section 4 and of 
officers and other employees, under sub-section (2) of 
section 5: 

(b) the form in which the annual statements of 
accounts shall be maintained under sub-section (1) of 
section 13; 

(c) 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. 

Penalty 18. Whoever, being legally bound to obey any order or
direction of the Commission under Section 10 disobeys such order 
of direction shall be punishable under Section 174, 175, 176, 178, 
179 or 180 of the Indian Penal Code, as the case may be. 

Cognizance of 
offences 

19. No court shall take cognizance of any of the offences
specified in section 18 except on the complaints in writing of the 
Chairman or a member or of an officer of the Commission 
authorised in this behalf by the Commission. 

Protection of 
action taken 
in good faith 

20. No suit, prosecution or other legal proceeding shall lie
against any person for anything which is in good faith done or 
intended to be done in pursuance of the provisions of this Act 
or the rules made thereunder. 

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996]

Power to 
remove 
difficulties 

U.P. Act no. 1 
of 1904 

21. (1) If any difficulty arises in giving effect to the
provisions of this Act, the State Government may,by a notified 
order, make provisions, not inconsistent with the provisions of 
this Act as appear to it to be necessary or expedient, for 
removing the difficulty. 

(2) No order under sub-section (1) shall be made after the 
expiration or a period of two years from the commencement of 
this Act. 

(3) The provisions of sub-section (1) of section 23-A of the 
Uttar Pradesh General Clauses Act,1904 shall apply to the order 
made under sub-section (1) as they apply in respect of rules 
made by the State Government under any Uttar Pradesh Act. 

Saving 22. Notwithstanding anything in this Act the
Commission constituted by the Uttar Pradesh Government 
Order No. 22/16/92-Ka-2-93, dated March 9, 1993, shall be 
deemed to have been duly constituted under the provisions of 
this act and the term of three years of the Chairman and other 
Members of the said Commission shall be computed from the 
date of which they had assumed charge of their respective 
officers. 

Repeal and 
savings 

U.P. 
Ordinance no. 
34 of 1995 

23.(1) The Uttar Pradesh State Commission for Backward 
Classes (Amendment) Ordinance, 2014 is hereby repealed. 

(2) Notwithstanding such repeal, anything done or any 
action taken under the provisions of the principal act as 
amended by the Ordinance referred to in sub-section (1), shall 
be deemed to have been done or taken under the corresponding 
provisions of the principal act as amended by this Act as if the 
provisions of this act were in force at all material times. 

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[The Uttar Pradesh State Commission for Backward Classes Act, 1996]

Reasons for the enactment 

In pursuance of the judgement of the Hon'ble Supreme Court in the Mandal 
Commission Case (Indira Sahani Vs. Union of India), the State Government constituted 
a commission for Backward classes by notification dated 9th March, 1993. It was 
decided to regulate the constitution of the said Commission by an enactment. It was 
further decided that besides examining the request for inclusion of any class of citizens 
as backward class and complaints of wrong inclusion or non exclusion in the list of 
Backward Classes, the Commission may also perform other specified functions with a 
view to safeguard of the interest and welfare of the Backward classes. 

2. Since the State Legislature was not m session immediate legislative action in
the matter was necessary, the Uttar Pradesh State Commission for Backward Classes 
Ordinance, 1994 (U.P. Ordinance No. 26 of 1994) was promulgated by the Governor on 
the 17th November, 1994. To replace the provisions of the aforesaid Ordinance the 
Uttar Pradesh State Commission for Backward Classes Bill, 1995 was introduced in the 
Uttar Pradesh Legislative Council on the 6th February, 1995 but since the said Bill 
could not be passed by the Uttar Pradesh Legislative Council, the Uttar Pradesh State 
Commission for Backward Classes Ordinance, 1995 (U.P. Ordinance No.12 of 1995) 
was promulgated by the Governor on the 30th March, 1995 to keep the provisions of 
the aforesaid Ordinance in force. 

3. Since the aforesaid bill could not be passed in the session of the State
Legislature, commencing from the 14th July,1995, and remained pending with the 
Legislative Assembly, the Uttar Pradesh State Commission for Backward Classes 
(Second) Ordinance, 1995 (U.P. Ordinance No. 34 of 1995) was promulgated by the 
Governor on the 25th August, 1995 to replace the provisions of the aforesaid U.P. 
Ordinance No.I 2 of 1995. 

4. The President issued a proclamation on the 18th October, 1995 under Article
356 of the Constitution, in relation to the State of Uttar Pradesh, declaring, inter alia, 
that the powers of Legislature of the State shall be exercised by or under the authority 
of Parliament. Parliament has,under Article 357(1)(a) of the Constitution, now conferred 
on the President, the powers of the Legislature of the State of Uttar Pradesh to make 
laws vide the Uttar Pradesh State Legislature (Delegation of Powers) Act, 
1995 (2 of 1996). 

5. The said Ordinance could not be replaced by an Act and the Ordinance is
expiring on the 7th January, 1996. It is, therefore, decided that the said Ordinance 
shall be replaced by a President's Act. 

6. Under the Provisions to sub-section (2) of Section 3 of the Uttar Pradesh
State Legislature (Delegation of Powers) Act, 1995 (2 of 1996) the President shall, 
before enacting any President's Act, consult a Committee constituted for the 
purpose consisting of the members of both the Houses of Parliament. As the said 
Committee has yet not been constituted and the matter is very urgent, it is 
proposed to enact the measure without reference to the said Committee. 

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