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       Act Description : ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES

ACT, 1993

Act Details :

ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES ACT, 1993

20 of 1993 

An Act to constitute a commission for the Backward classes other than scheduled castes and scheduled tribes in the state of Andhra Pradesh and to provide for matters connected therewith or incidental thereto BE it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Forty fourth Year of the Republic of India as follows

CHAPTER 1 PRELIMINARY

Section 1 Short title and extent

(1) This Act may be called the Andhra Pradesh Commission for Backward Classes Act, 1993.

(2) It extends to the whole of the State of Andhra Pradesh.

Section 2 Definitions

In this Act unless the context otherwise requires,

(a) "backward classes" for the purpose of this Act, means such backward classes of citizens of Andhra Pradesh other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in the lists;

(b) "Commission" means the Andhra Pradesh Commission for Backward Classes constituted under section 3;

(c) "Government" means the State Government of Andhra Pradesh;

(d) "lists" means lists prepared by the Government from time to time for the purposes of making provision for the reservation of appointments of posts in favour of the backward classes of citizens which, in the opinion of the Government, are not adequately represented in the services under the Government and in any local authority or other authority in the State;

(e) "member" means a member of the Commission and includes the Chairperson;

(f) "notification" a means, a notification published in the Andhra Pradesh Gazette and the word notified' shall be construed accordingly;

(g) "prescribed" means prescribed by rules made under this Act.

CHAPTER 2 ANDHRA PRADESH COMMISSION FOR

BACKWARD CLASSES

Section 3 Constitution of the Andhra Pradesh Backward Classes Commission

(1) The Government may constitute a body to be known as the Andhra Pradesh 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 following Members nominated by the Government:-

(a) a Chairperson, who is or has been a Judge of High Court or a retired Judge of the Supreme Court;

(b) a Social Scientist;

(c) two persons, who have special knowledge in matters relating to backward classes; and

(d) A Member-Secretary who shall be an officer of the Government in the rank of Secretary to the Government.

Section 4 Term of office and conditions of service of Chairperson and Members

(1) Every Member shall hold office for a term of three years from the date he assumed office

*[Provided that the Government, may by notification, and for reasons

specified therein extend the term of office of the member for a period not exceeding six months at a time.]

(2) A member may by writing under his hand addressed to the Government resign from the office of Chairperson or as the case may be of Member at any time.

(3) The Government may 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 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, absents himself from three consecutive meetings of the Commission;

(f) has in the opinion of the Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of the 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 in 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.

Section 5 Officers and other employees of the Commission

(1) The Government may provide the Commission 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.

Section 6 Salaries and allowances to be paid out of grants

The salaries and allowances payable to the Chairperson 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.

Section 7 Vacancies etc., not to invalidate proceedings of the Commission

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.

Section 8 Procedure to be regulated by the Commission

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

(2) The Commission shall regulate its own procedure.

(3) All orders and decisions of the Commission shall be authenticated by the Member- Secretary or any other officer of the Commission duly authorised by the Member-Secretary in this behalf.

CHAPTER 3 FUNCTIONS AND POWERS OF THE COMMISSION

Section 9 Functions of the Commission

(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under inclusion of any backward class in such list and tender such advice to the Government as it deems appropriate.

(2) The Commission shall examine and make recommendations on any other matter relating to the backward classes that may be referred to it by the Government from time to time.

*[(3) It shall be competent for the Commission at the request of the Government to make an interim report in regard to any Castes or Classes in whose cases urgent action under the Act is, in the opinion of the Government necessaryAny action taken by the Government on the basis of such report shall be subject to review with prospective effect as and when the final report of the Commission is received.]

*[(4) The Comission shall enquire into specific complaintes with respect to the non-observace of the rule of reservation in the admissions into educational Institutions and also reservation of appointments to posts/services under the Government and other local authority or other authority in the State, as applicable to the listed Backward Classes and furnish its report to the Government.]

Section 10 Powers of the Commission

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 from any part of State 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.

Section 11 Periodic revision of list by the Government

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

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

CHAPTER 4 FINANCE, ACCOUNTS AND AUDIT

Section 12 Grants by the Government

(1) The Government shall after due appropriation made by the Legislative Assembly by law in this behalf pay to the Commission by way of grants such sums of money as the Govenment may think fit for being utilised for the purpose 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).

Section 13 Accounts and Audit

(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General, Andhra Pradesh.

(2) The accounts of the Commission shall be audited by the Accountant General, Andhra Pradesh at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable, by the Commission to the Accountant General, Andhra Pradesh.

(3) The Accountant General, Andhra Pradesh and any person appointed by him in connection with the audit of the accounts of the Commission under this Act, shall have the same rights and privileges and the authority in connection with such audit as the Accountant General Andhra Pradesh generally has in connection with the audit of Government accounts and in particular shall have the right to demand the production of books, accounts, connected vouchers and other documents and papers and to inspect any of the offices of the Commission.

Section 14 Annual Report

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 Government.

Section 15 Annual Report and audit report to be laid before Assembly

The 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 the Legislative Assembly.

CHAPTER 5 MISCELLANEOUS

Section 16 Chairperson, Members and employees of the Commission to be public servants

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.

Section 17 Power to make rules

(1) The Government may, by notification in the Official Gazette, make rules for carrying out all or any of 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 the Chairperson and Members under sub- section (5) of section 4 and of officers and other employees under sub-section (2) of section 5;

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

(c) the form and the time of 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 immediately after it is made be laid before the Legislative Assembly of the State, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall, from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 18 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the Government may by order published in the Official Gazette make provisions not inconsistent with the provisions of the Act as appear to them to be necessary or expedient for removing the difficulty.

(2) Every order made under this section shall, as soon as may be after

it is made, be laid before the Andhra Pradesh Legislative Assembly.

RULE: 

ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES RULES, 1993

In exercise of the powers conferred by sub-section 17 of the Andhra Pradesh Commission for Backward Classes Act, 1993 (Act No.20 of 1993), the Governor of Andhra Pradesh hereby makes the following rules

Rule 1

These rules may be called the Andhra Pradesh Commission for Backward Classes Rules, 1993.

Rule 2 Definitions

In these Rules, unless the context otherwise requires;

(a) Act' means the Andhra Pradesh Commission for Backward Classes Act, 1993;

(b) "Backward Classes" means such backward classes of citizens of Andhra Pradesh other than the Scheduled Castes and the Scheduled

Tribes as may be specified by the State Government in the Lists;

(c) "Chairperson" means the Chairperson nominated by the Government under sub-section (2) of section 3 of the Act;

(d) "Commission" means the Andhra Pradesh Commission for Backward Classes constituted under sub-section (1) of section 3 of the Act;

(e) "Government" means the State Government of Andhra Pradesh;

(f) "Member" means any member of the Commission nominated by the Government under sub-section (2) of section 3 of the Act;

Rule 3 Receipt of Representations, etc

(1) The Chairperson or any member of the Commission or any Officer of the Commission authorised in this regard by the Chairperson shall receive the representations or Memorandum presented either in person or sent by Post, by any individual or any group of individuals or any association or any organisation.

(2) The Chairperson or any Member of the Commission shall receive any reference made by the Government on any matter under sub-section (2) of Section 9 of the Act.

(3) Every representation received or reference made by the Government shall be registered in the office of the Commission.

(4) The Commission may either suo-moto or on the request of the Government take up any issue relating to Backward Classes, conduct enquiries as it deems appropriate and advise the Government alongwith its observations on the subject.

Rule 4 Sittings and Hearings

(1) The Commission shall from time to time fix and notify the time, date and venue of sitting for hearing the version or argument from the recognised associations, organisations or individuals.

(2) The Commission may hold meetings on its own at any place of its convenience or at the request of the recognised associations or individuals.

(3) The Commission shall in advance notify about its sittings in all the Revenue Divisional Offices, Mandal Revenue Offices, Collector's Office, Mandal Praja Prarishad Offices, Zilla Praja Parishad Office and such other prominent places deemed necessary within the district whenever such meetings are proposed to be held.

(4) The Commission may visit places within the State of Andhra Pradesh to identify the problems, conditions and similar other aspects of Backward Classes or others and for making a study of Socio-economic conditions of such communities.

(5) Wide publicity shall be given of all such visits and meetings of the Commission through press and other media especially in local language.

(6) In every sitting, there shall be a quorum of three members out of five.

(7) If the Chairperson is absent any other senior member shall hold the meeting.

(8) There shall be an advance intimation by atleast' 10 days before the date of meeting by the Commission.

(9) The meeting or sitting may be held either on any working day or on holiday as per the convenience of the Commission and of the public in general.

(10) In case of cancellation or adjournment of the scheduled meeting prescribed, it shall be intimated to the District Collector in time for arranging intimation to the general public and the parties invited.

Rule 5 Pay and Allowances

The pay and allowances, sitting fees, T.A. and D.A. and other allowances payable to the Chairperson and Members shall be as determined by the Government from time to time.

Rule 6 Accounts

The Accounts of the Commission shall be rendered every year in the form prescribed by the Accountant General and they shall be audited by the Accountant General.

Rule 7 Report

The Commission shall prepare and submit a copy of the report to the Government in the form, to be prescribed, by the Government, for each financial year.

Rule 8 Implementation

1. The Government have the absolute right either to accept or reject in full or a portion the report thereof submitted by the Commission.

2. The Government may return the report to the Commission for its reconsideration of some or all the provisions incorporated in the report in the interest of the public.

3. The decision of the Government on any issue shall be final.

REGULATION:

Andhra Pradesh Commission for Backward Classes Regulations for Supply of Certified Copies

In exercise of the powers conferred by sub-section (2) of Section 8 of the Andhra Pradesh Commission for Backward Classes Act, 1993 (Act No.20 of 1993) and all other enabling powers available thereto, the Andhra Pradesh Commission for Backward Classes hereby makes the following Regulations. These Regulations may be cited as "The Andhra Pradesh Commission for Backward Classes Regulations for Supply of Certified Copies".

Regulation 1 Persons entitled to apply for copies

Any Representationist, Objector or any other person interested in any claim pending before the Commission, shall normally be entitled to obtain copies of the following documents:-

(i) Copies of Representations.

(ii) Copies of objections.

(iii) Copies of Record of Proceedings of public sittings and hearings of the Commission.

(iv) Copies of evidence recorded before the Commission.

(v) Copies of reports submitted by the Commission only on which Government have issued their final orders.

Regulation 2

If the application for certified copy is refused for any valid reason, the same shall be returned to the applicant with the order made thereto.

Regulation 3 Application for certified copy

A person entitled to obtain a certified copy under these Regulations, may present an application in Form-A therefor to the Assistant Secretary of the Commission either in person or by post.

Regulation 4 Cost of certified copies

The fees for supply of copies (typed or xeroxed) is fixed as follows:-

Regulation 5

The fees shall be paid by supply of Court fee stamps only and not in any other method.

Regulation 6

On every certified copy issued by the Commission, the following shall be entered:

(i) The date on which the application was made.

(ii) The application was returned to remedy the defect, if any.

(iii) The application was represented.

(iv) The applicant was informed of Court fee stamps required.

(v) The stamps were deposited by the applicant.

(vi) Certified copy was ready.

(vii) The copy was delivered.

All copies furnished by the Commission shall be certified to be true copies by the Assistant Secretary of the Commission and shall be sealed with the seal of the Commission.

Regulation 7 Delivery

The applicant in his application may state that the certified copy be delivered by post to the address furnished by him on the duly stamped (postal) envelope in which case, the certified copy shall be so delivered.

Regulation 8

The Commission shall maintain a Register called copy Register indicating the following:

APPENDIX 1 APPLICATION FOR CERTIFIED COPIES

FORM

FORM NO-A

APPLICATION FOR CERTIFIED COPIES

To

The Chairman,Affix one Rupee

APCBC, Court Fee Stamp

Hyderabad.

Sir,

Sub: Application for certified copies in the matter of _________________________ ___________________________________________ It is requested that certified copies of documents hereunder mentioned may be furnished to me/to the address ( ________________________________________________ ).

S.No. Description of Document No. of copies required.

The above documents are required for the following reasons.

Yours faithfully,

Signature:

Name:

Place : Occupation:

Dated : Full Address:

ANDHRA PRADESH COMMISSION FOR BACKWARD CLASSES REGULATIONS

In exercise of the powers conferred by sub-section (2) of Section 8 of the Andhra Pradesh Commission for Backward Classes Act, 1993 (Act No.20 of 1993) and all other enabling powers available thereto, the Andhra Pradesh Commission for Backward Classes, hereby makes the following Regulations :- The Regulations may be cited as "The Andhra Pradesh Commission for Backward Classes Regulations" for disposal of references and petitions made under Section 9(4) of the Act.

Regulation 1 Extent and applicability of the Act

The Commission, shall inquire into violations in the rule of reservations in the admission into educational institutions and also reservation of appointments to posts/services under the Government and other local authority or other authority in the State, as applicable to listed Backward Classes, arising on and after 3-4-1997, from which date, Section 9(4) came into force.

Regulation 2 Forms of application

(i) Any petition/application on violations in the rule of reservations in the admissions into educational institutions, as applicable to the listed Backward Classes, shall be made in Form-I of Appendix to the Regulations;

(ii) Any petition/application on violation in the rule of reservations in

appointments to posts/services under the Government and other local authority or other authority in the State, as applicable to the listed Backward Classes, shall be made in Form-III of Appendix to the Regulations.

Regulation 3 Scrutiny and registration

(i) References made by the Government under Section 9(4) of the Act, shall be registered as C (G) No. of the calendar year;

(ii) Petitions filed directly before the Commission, shall be scrutinised by the Assistant Secretary in the first instance and if found in order, shall be registered as C (P) No. of the calendar year;

(iii) If, on scrutiny, the Assistant Secretary, finds that the petition is deficient in any respect, with prior approval of the Member-Secretary, he shall return the same, to the person making, indicating the deficiency thereto, for rectification and re-submission, within the stipulated period.

Regulation 4 Processing of the references and petitions

That on registering the references made by the Government and petitions, which are found in order, the Assistant Secretary shall take the following steps :

(i) Call for a report from the concerned authorities, annexing a copy of the reference petition in the relevant form, and such other matters as are found necessary;

(ii) That on receipt of replies/reports, the Member-Secretary, shall scrutinise them and indicate the nature of violations, if any, and then place the same before the Commission.

Regulation 5 Submission of report to Government

That on completion of the investigations and inquries, the Commission shall submit its report to the Government.

Regulation 6 Periodical statement

A quarterly statement of the references/petitions made and inquired into and reports submitted, shall be furnished to the Commission.

APPENDIX 1 Form

Form I

Form of application on violation on rule of reservations in admissions to Educational Institutions

1. Name of the petitioner with full :

address

2. Father's Name :

3. Educational Qualifications :

4. Course for which the petitioner :

sought for admission

5. No. of seats earmarked for :

course/faculty category-wise

6. Briefly indicate procedure :

prescribed to the said course,

for admission sought for

7. Marks/Rank obtained by the :

candidate

8. Indicate the specific violation :

in the rule of reservation in

admission to the educational

institution

9. Any other useful information :

I declare that the above particulars furnished by me are true and correct to the best of my knowledge.

Place :

Date : Signature of the candidate.

APPENDIX 2 Form

Form II

Form for submission of information by the Educational Institutions

1. Name of the petitioner :

2. No. of seats earmarked for each :

course, Faculty-wise/Category-wise

3. No. of applications received with :

merit list

4. No. of seats reserved and filled :

category-wise such as OC, BC-A;

B.C-B; B.C-C and B.C-D, as per rules :

5. Names of candidates admitted

annexing merit list prepared for each

category of OC, BC, Faculty-wise and

Course-wise as per rules in force

6. Indicate the reasons for not :

admitting the candidate

7. Any other useful information on the :

complaint made by the petitioner

Place : Signature

Date : Designation

APPENDIX 3 Form

Form III

Form of application on violation in rule of reservation in services

1. Name of the petitioner with full address :

2. Father's name :

3. Date of birth and age :

4. Educational qualifications :

5. Post applied for :

6. Qualifications prescribed for the post :

7. No. of vacancies notified :

8. No. of posts reserved for various :

categories of BCs.

9. Procedure followed for recruitment of :

the posts (written test, interview or

any other method)

10. Rules governing the recruitment to the :

posts

11. Indicate the specific violation in the :

rule of reservation of appointments to

posts/services

12. Any other useful information on violation :

I declare that the above particulars furnished by me, are true and

correct to the best of my knowledge.

Place :

Date : Signature of the Candidate

APPENDIX 4 Form

Form IV

Form for submission of information by the Appointing Authority

1. Name of the petitioner :

2. An authenticated copy of the Notification/ :

Advertisement

3. Rules governing the recruitment to the :

post in question

4. Number of vacancies notified and number of :

posts reserved for various categories of

BCs.

5. Roster position indicating the last point :

in the immediate preceding recruitment

6. Short listing of candidates, if any, and :

the basis for the same

7. Merit list showing the marks prescribed/ :

obtained by the candidates in the written/

oral test, if held, category-wise

8. Constitution of Selection Committee/Board :

etc.

9. List of candidates finally selected :

10. Indicate the reasons for not selecting or :

appointing the petitioner

11. Any other useful information :

Place : Signature

Date : Designation :Act Type : Andhra Pradesh State Acts