The SIKKIM COMMISSION FOR BACKWARD CLASSES ACT,1983

SIKKIM GOVERNMEN1' GAZETTE EXTRAORDINARY PUBLISHED BY AlJrHORrTY -------------------.~.------ Gangtok, Monday 18th October, 1993. No. 142 --------------~--;..---- ,------------.--~ GOVERNMENT OF S[KKIM LAW DEPARTMENT GANGTOK No.8/LD/1993. Dated Gangtok the 18th October, 1993. NOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 11th day of October, 1993 is hereby published for general information :-- THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993 ACT NO.8 OF 1993 AN ACT. to constitute a State Commission for Backward Classes other 1h<n the Scheduled Castes and the Scheduled Tribes in Si1.kim and '10 provide. for matte-rs ccnne cted rher ewit h or incidental thereto. BE it enacted by the Legislatme of Sikkirn in the Forty,folilth Year of the Rej.ublic cf India as Iollcws :- CHAPTER PHELlMJNARY short title, ex- I. (J) This Act may be called the Sikkim Commission fer Backws riii Classc : tent QndCODl- Act, 1993. mencement, (2) It extends to the whole of Sikkim, (3) It shall come into force at once. DifjnitiQn.9. 2. In this Act, unless tht. context otherwise requiTes . (a) "Backward classes", for the purpose of this Act means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the State Government in 1he lists ; (b) "Commission" means the Sikkim Commission for Backward Classes COLf- tltuted under Section 3; (c) "Lists" means lists prepared by the Government of Sikkim from time to time for purposes of maki.ng provision fer the reservation of appoin1ments Or p(j~ts in favour of backw~rd classes of citizens" hich, in the opinion of that Government, are nut 2dequatelyrepresented ; (d) "Members" mear.s a Member of the Commission ar d includes the Chair, person ; (e) "prescribed" means prescribed by IIIles made under this Act. 2 CHAPTER - II THE SIKKIM COMMISSION FOR BACKWARD CLASSES if Constitution 3· (1) The State Government shall by Notification in the Official Gazette, constitute the SiHim Com- a body to be known as the. Sikkim Commission for Backward Classes to mission Jor Back- exercise •.he powers conferred on, and to perform the functions assigned to it ward Classes, under this Act. (2) The Commission shall consist of net more than nine members to be nomi- nated by the State Government. (3) The State Government while constituting the Commission shall give due ccnsideratlon to persons having knowledge vf Social Sciences and matters relating to back- ward classes. (4) The State Government shall appcint a person who is or has been a Jl1dge of a High Court to he the Chairperson of the Commission. (5) A person who is or has been an Officer of the State Government in the rank of a Secretary to the Government of Sikkim shall be the Member Secretary of the Com- mission. Terw oj Office 4. (1) Every Member shall hold office for a term of three years from the date he and conditions assumes office. oj service cf Chairpnson and Members, (2) A Member may, by writing under his hand addressed to the State Gover- nment, resign from the office of Chairperson or, as the Case may be, of Member at IIny time. (3) The State Government shall remove a penon 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 cf the State Government, involves moral turpitude; becomes of unsound milild and stands so declared by a.c(,mpetent court refuses to act or becomes incapable of acting ; is, without obtaining leave of absence from the Commission, absent from three ccnsecutive meetings of the Commission ; or (f) has, in the opinion of the State Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the in- terests of baekwa I'd classes or the public interest : Provided that no persson shall be removed under this Clause until the peuon has been given an opportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be tilled up by fresh nomination. (5) The salaries and allowances payable to, and the other terms and <onditi(;l'.t'! of service of, the Chairperson and Members shall be such as may be prercribed. Officers and 5. (d The State Covernment shall provide the Ccmmissicn with such officers and other employees employees as may be neCessary for. the efficient performance of the functions of the oj the Commi- Commission. ssion. (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. Salaries and oJ- 6. The salaries and allowances payable to the Chairperscr- and Members and the adminis- [awances to be trative expenses, including salaries, allowances and pensions payable to rhe officers and paid out o{ other employees referred to in section S, shall be paid out of the grants referred aronts. to in sub-section (I) of section 12. ')lacancies etc. 7. No act or proceedings of the Ccmmission shall be invalid on the ground merely of the not to invalidate existence of any vacancy or defect in the constitution of the Commission, Amendment of 3 In the said Act, in Section 50, after sub-section (4), the following Section 50 proviso shall be inserted, namely:- "Provided that from the total number of seats reserved in the Zilla Panchayat for the Tribal Community in Sikkim, the seats for the Bhutia-Lepcha Community who belong to Tribal Community shall be proportionate to their population: Provided further that the seats so reserved for the Bhutia- Lepcha Community shall not be less than minimum of 20% of the seats for the Tribal Community". Jagat 8. Rai (SSJS) L.R-cum-Secretary Law Department S.G.P.G.-321/ Com. 2/Gazette /100 Nos.! Of:- 14.06.2018. 3 •rocedut« to be . g. (r ) The Commission shall meet as.and when necessary at such time and place as th~ , reau[ate<f bJ Chairperson may thir.k fit. tbe Com~issltm. (1) The Commission shall regulate its own procedure. . (3) All orders and decisions ofthe Commission shallbe auther.t icatcd by the Mem-· bel' Secretary or any other officer of the Commission duly authorised by the Meml.er Secre: "r)' in this behalf. CHAPTER III FUNCTIONS AND POWERS OF THE COMMISSION if Function the 9. (\) The Commission shall examine re(luests for inclusion of ~ny class of citizens Commission. as a backward class in the lists and hear cornplr ints of r.vcr-ir.clus ion or under-mclusion of any backward class in such lists and tender such advice' to the Stale Government as \ it deems appropriate. (2) The advice of the Commission sh<lll 0rdinarily be' binding uFon the State., Government. Powers tif tlle Jo. The Commission shall, while performng its Iunctions under sub-section (I) of section 9,. CCfll1mi$Sion. have all the powers of a civil court trying a suit ,llld in part tcular , in l'('~peciof tJo.'e folfci" ing .. rr.atters, namely r- (a) summoning and enforcing the attendance dany perscn from any pat cf Jf\dia and ex'amirdng him on cath ; (b) requiring the discovery and production of any document, (d receiving evidence en affidavits; (d) requisitioning any public record or copy thereof from any Court or offic('; (e) issuing commissions for (he exarnir ation of wi tr.esse s and documents , 4lnd ([) any other matter which is required to be or may be, pJ"{'t'cribed, Periodic revision J I. (1) The State Government may at any tjJnt;, and shall, at lhe expira tjGn of ten tif lists by r.he years from comjng into force of this Act and e\er} mcceeding period of ten ye"rs there- State Govern- after, undertake revision ol the lists with a view to excluding [rcm such lists those classes ment. who have ceased to be backward classes or Cor including in meh lists l1(W backward classes. (2) The State Government shall, while lmdert~l<;ng arl), revision referred to in sub-section (I), consult the Ccrnmission. CHAPTER IV fINANCE, ACCOUNTS AND AUDIT Grants by the 12. (I) The Sta~e Government 51-1311, alter due appropriauon made by State Leg;s- State Govern: lature, by law in this bch;:lf, pay 10 the Ccmmissk,n by way cf gnnts such sums of money ment. as the State Government may think fit for being utili sed for the purposes of this Act.· (2) The Commission may spend such sums as jt thinlcs fit for performing' the func- tions under this Act, and such sums shall be treated ~I\ expenditure payable out of th~, grants referred .In sub-sect!on (1), (0 Account,~ and J3. (I) The Commission shall maintain proper aCW\'1f11s and other relevant records .A«dtt, and prepare an annual statement of accounts in met form as maJ be prescribed by the State Government in con~ultation with the Accountant General, Sikkim , (2) The acccunts of the Commission shall be audited by the Accountant General, Sikkim, at such intervals as may he specified by him and any expenditure inctlrred in con- nection with such audit shall he payable hy the Commission to the Accountant General, Sikkim. (3) The Accountant Ceneral, Sikkim, and ,',11)'penGl1 appointed by him in connection with the audit of the accounts of the Commission LInder this Act shall have the same rights and privileges and the aurhoritv in connection with such audit as the Accoun- tant General, Sikkim, generally has in connection with the audit of Government accounts and in particular, shall have the right to demand the production of books, accounts, connec- ~pJ vouchers and other documents and papers and to inspect any of the offices of the SIKKIM GOVERNMENT GAZETTE EXTRAORDINARY PUBLISHED BY AUTHORITY Gangtok, Monday, 12th November, 2001 No. 412 GOVERNMENT OF SIKKIM LAW DEPARTMENT GANGTOK No.10 ILD/2001. Dated:12.11.2001. NOTIFICATION The following Act of the Sikkim Legislative Assembly having received the assent of the Governor on 6th day of November, 2001 is hereby published for general information :- THE SIKKIM COMMISSION FOR BACKWARD CLASSES (AMENDMENT)ACT,2001 ACT NO.1 0 OF 2001 AN ACT to amend the Sikkim Commission for Backward Classes Act, 1993. 1.Be it enacted by the Legislature of Sikkim in the Fifty-Second Year of Republic of India as follows:· Shott title, (1) This Act may be called the Sikkim Commission for Backward Classes extent and (Amendment) Act, 2001! commencement .. (2) Itextends to the whole of Sikkim. (3) Itshall come into force at once. Amendment of 2. Inthe Sikkim Commission lor Backward Classes Act. 1993. insection section 3 3, for sub-section 4, the following shall be substituted. namely:- "(4) The State Government shall appoint a person who is a socia-political worker of eminence, ability .. integrity and standing and who inspires confi- dence amongst theother backward classes astheChairperson oftheCommis- sion". By Order. T. D. Rlnzlng, Secretary to the Govt, of Sikkim, Law Depanment. F.No. 16(82) LD/2001 Printed atSil<l<imGovernment Press, Gangtok. THE SUBSEQUENT AMENDMENTS TO THE SIKKIM COMMISSION FOR BACKWARD CLASSES ACT, 1993 (ACT NO. 8 OF 1993) AMENDED AND UPDATED UPTO NOVEMBER, 2001