CHAPTER
II
THE
NATIONAL COMMISSION FOR BACKWARD CLASSES
3. Constitution of National
Commission for Backward Classes -
- The
Central Government shall constitute a body to be known
as the National Commission for Backward Classes to
exercise the powers conferred on, and to perform the
functions assigned to, it under this Act.
- The
Commission shall consist of the following Members
nominated by the Central Government :-
(a)
a Chairperson, who is or has been a Judge of the Supreme
Court or of a High Court;
(b)
a social scientist;
(c)
two persons, who have special knowledge in matters relating
to backward classes; and
(d)
a Member-Secretary, who is or has been an officer of
the Central Government in the rank of a Secretary to
the Government of India.
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 assumes office.
(2)
A member may, by writing under his hand addressed to
the Central Government, resign from the office of Chairperson
or, as the case may be, of Member at any time.
(3)
The Central Government shall 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 Central 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 Central Government, so abused
the position of Chairperson or Member as to render that
person's continuance in office detrimental to the interests
of 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 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.
5.
Officers and other employees of the Commission -
(1)
The Central Government shall 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.
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.
7.
Vacancies,
etc. not to invalidate proceedings of the Commission
- No act or proceedings of the Commission shall be invalid
on the ground merely of the existence of any vacancy or
defect in the constitution of the Commission.
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.
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