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3.
What is the procedure for examination of requests for Inclusion
or otherwise in the Central Lists of OBCs?
Under sub-section (2) of Section 8 of the National Commission
for Backward Classes Act, 1993 (Act No. 27 of 1993), the
National Commission prescribes the following procedure for
examination of requests for Inclusion in the lists and hearing
of complaints of Over-Inclusion or Under-Inclusion in such
lists :
1.
- Examination
of requests and hearing of complaints under Section
9(1) of the National Commission for Backward Classes
Act (hereinafter referred to as the Act) shall generally
be done by a Bench of 2 Members.
- To
see the composition of Benches click here.
- All
cases of requests and complaints pertaining to a State
or U.T. shall stand referred to the Bench indicated
against that State/U.T.
- The
Chairperson may, if he so desires, associate with any
of the Benches in addition to his Benches.
- Whenever
exigencies of work require, the Commission may create
additional Benches for any State or U.T.
2.
- The
Bench will place its findings in each case before the
Commission.
- In
case of difference of opinion between the two Members
of a Bench, each Member of the Bench may place his findings
in each case before the Commission.
- In
case of difference of opinion between the 2 Members
of a Bench or under any other circumstances deemed necessary
by the Commission, the Commission may expand a Bench
by adding a third Member to it and the Members of this
expanded Bench may place their findings jointly or separately
to the Commission
3.
- The
Commission will consider the findings of each Bench
and formulate its advice to the Central Government.
- The
advice may be formulated unanimously or by consensus
or by majority.
- Where
any Member differs from the majority he may formulate
his dissenting advice.
- Where
necessary, the Commission may request any Bench to examine
any further aspects and review its findings in that
light, and thereafter again furnish its findings for
the Commission’s consideration.
4. The
Commission will furnish its advice to the Government along
with the dissenting advice, if any.
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