Uttarakhand State Commission For Other Backward Classes Act, 2003
No: 7 Dated: May, 27 2003
Uttarakhand State Commission For Other Backward Classes Act, 2003
(Uttarakhand Act No. 07 of 2003)
An Act to constitute a commission for Other Backward Classes other than Scheduled Castes and Scheduled Tribes of Uttarakhand and to provide for matters connected there with or incidental thereto:
It is Hereby enacted in the Fifty-fourth year of Republic of India as follows:-
CHAPTER-1
Preliminary
1. Short title, Commencement and Extent. - (1) This Act may be called the Uttarakhand State Commission for Other Backward Classes Act, 2003.
(2) It shall be deemed to have come into force at once.
(3) It extends to the whole of Uttarakhand.
2. Definition. - In this Act -
(a) "Other Backward Classes" means such classes of citizens as may be specified by the State Government in the list from time to time;
(b) "Commission" means the State commission for Other Backward Classes constituted under section 3;
(c) "The Governor" means the Governor of Uttarakhand;
(d) "The State Government" means the State Government of Uttarakhand;
(e) "Member" means a member of the Commission and includes the Chairman [and Vice-Chairman];
(f) "Scheduled" means Scheduled one of the Uttar Pradesh Public Services (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1994 as amended from time to time.
CHAPTER-II
The State Commission for Other Backward Classes
3. Constitution of the State Commission for Other Backward Classes. - (1) The State Government shall constitute a body to be known as the State Commission for Other Backward Classes to exercise the powers conferred on, and to perform the functions assigned to it under this Act.
(2) The Headquarter of the commission shall be at such place as the State Government may by notification, specify.
(3) The commission shall consist of [fifteen members] other than Chairman, [three Vice-Chairmen] who should be belonging to other backward Classes and one member would be a women. Male or female of Other Backward Classes would be eligible for the post of chairman.
4. Term of office and conditions of service. - (1) The Chairman [three Vice-Chairman] and every other 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 Governor, resign from the office of Chairman [three Vice-Chairman] or members, as the case may be, at any time but shall continue to hold office until his resignation is accepted.
(3) The State Government shall remove a person from the office of member if that person -
(a) becomes an un-discharged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government, involves moral turpitude;
(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
(f) has, in the opinion of the State Government, so abused the position of chairman or members as to render that person's continuance in office detrimental to the interests of Other 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 appointment.
(5) The salaries and allowances payable to, and other terms and conditions of services of the Chairman and members shall be such as may be prescribed.