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.
- For 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. |