Welfare of SC/ST/OBC 
GOVERNMENT OF NATIONAL CAPITALTERRITORY OF DELHI
(WELFARE OF SC/ST/OBC DEPARTMENT)
OLD SECRETARIAT, DELHI – 110054
Dated: 20.4.1993
NOTIFICATION
No: F. 28 (93)/91-92/SC:ST / P&S / 109:
Whereas the Hon’bleSupreme court of India in its Judgment dated 16th November,1992 in the W.P. (Civil) No. 930 of 1990(Indira Sawhney and Ors Vs. union of India and Ors) has directed that a permanent body beconstituted for entertaining, examining and recommending upon requests for inclusion and complaints ofover-inclusion and under-inclusion in the lists of other Backward Classes of citizens:
Now, therefore, incompliance with the said directions of the Hon’ble supreme Court of India, P.K. Dave, Lt. Governor of the NationalCapital Territory of Delhi in exercise of the powers conferred by Article 239, read with Article16(4) of the constitution of India, hereby constitute a permanent body for the said purpose to beknown as the ‘commission for Other Backward Classes of the national Capital Territory of Delhi’consisting of five persons as follows “-
(a) A Chairperson, who is or hasbeen a judge of a High court or the Supreme Court
(b) Chairperson, Delhi SocialWelfare Advisory Board Member –Ex-officio)
(c) Two non-official Members,who have special knowledge in matters relating to backward classes, to be nominated by the Government.
(d) Financial Commissioner,Government of National Capital Territory of Delhi (Member Secretary-Ex-officio)
Note:The non-official members shall be part-time members.
The terms and conditions ofservice of the members, functions and powers, funds and accounts etc. of theCommission are as under: -
(1) TERMS OF OFFICEAND CONDITIONS OF SERVICE OF THE CHAIRPERSON AND MEMBERS: -
(a) The Chairperson and othermembers shall hold office for a term of three years from the date they assume charge of theiroffice.
(b) A member other than an ex-officiomember may by writing under his/her hand addressed to the Government resign from theoffice of Chairperson or of Member, as the case may be, at any time.
(c)The Government shall remove a person from the office ofmember, if that person –
(i) Becomes anundercharged insolvent;
(ii) Is convicted and sentenced to imprisonmentfor an offence which, in the opinion of the Government, involves moralturpitude;
(iii) Becomes of unsound mind andstands so declared by a competent court;
(iv) Refuses to act to becomesincapable of acting as such;
(v)Remains absent withoutobtaining leave of absence from the Commission, from three Consecutive meetings of theCommission; or
(vi) Has, in the opinion of theGovernment, so abused the position of Chairperson or Members as to render that person’scontinuance in office detrimental to the interests of backward classes or the publicinterest :Provided that no person shall be removed unless and until that person hasbeen given an opportunity of being heard in the matter.
(d) A vacancy caused underclause (b) or otherwise shall be filled by fresh nomination.
(e) The salaries and allowances payable toand the other terms and conditions of service of the Chairperson and other members shall besuch as may be prescribed.
2.OFFICERS AND OTHER EMPLOYEES OF THECOMMISSION: -
(a) The Government shall providethe Commission with such officers and subordinate employees and assessors as may be necessaryfor the efficient performance of the functions of the Commission.
(b) The salaries and allowancespayable to and the other terms and conditions of service of the officers and other employees includingassessors appointed for the purpose of the Commission shall be such as may beprescribed by the Government.
(3) SALARIES ANDALLOWANCES TO BE PAID OUT OF GRANTS:-
The salaries and allowances payable to the Chairperson andMembers and the other administrative expenses, including salaries, allowances and pensionspayable to the officers and other employees including assessors shall be paid out of the grantsreferred toin cub-clause (a) of clause(9) hereinafter.
(4) VACANCIESETC. NOT TO INVALIDATE PROCEEDINGS OR THE COMMISSION:-
No act or proceedings of the Commission shall be invalidon the ground merely of the existence on any vacancy or defect in the constitution of theCommission.
(5) PROCEDURE TOBE REQULATED BY THE COMMISSION:-
(a) The Commission shallregulate its own procedure.
(b) The Commission shall haveits headquarters at Delhi but may meet as and when necessary at such place (s) and time as the Chairperson may deemfit.
(c) All orders and decisions ofthe Commission shall be authenticated by the Member-Secretary or any other officer of the Commission dulyauthorized by the Member Secretary in this behalf.
(6) FUNCTIONSOF THE COMMISSION:-
(a)The Commission shall examinerequests for inclusion of any class of citizens as a backward class in the lists and hearcomplaints of over – inclusion of under-inclusion of any backward class in such lists andtender such advice to the Government as it deems appropriate.
(b)The advice of the Commissionshall ordinarily be final and binding upon the Government.
(7) POWERS OFTHE COMMISSION:-
The Commission shall, while performing itsfunctions under sub-clause (a) of clause (b) above, have all the powers of a civil courttrying a suit and in particular, in respect of the following matters, namely: (a) Summoning and enforcing theattendance of any person from any part of India and examining him/her on Oath;
(b) Requiring the discovery andproduction of any documents;
(c) Receiving evidence onaffidavit(s);
(d) Requisitioning any publicrecord or copy thereof from any court or office;
(e) Issuing commissions forexamination of witnesses and documents; and
(f) Any other matter, which maybe prescribed.
(8) PERIODICREVISION OF LISTS BY THE GOVERNMEN:-
(a) The Government may, at anytime, and shall, at the expiration of ten years from the date of publication of this Notificationin the Official Gazette and every succeeding period of ten years thereafter,undertake revision of the lists with a view to excluding from such lists those classeswhich have ceased to be backward or for including in such lists any new backwardclasses they deem fit for inclusion.
(b) The Government shall, whileundertaking any revision referred to in sub-clause (a) above, consult the Commission.
(9) GRANTS BYTHE GOVERNMENT:-
(a) The Government shall, alterdue appropriation made by parliament by law in this behalf, pay to the Commission by way of grants, suchsums of money as the Government deem fit for being utilized for the purposes ofthis Commission.
(b) The Commission may spendsums as it deems fit for performing its functions and such sums shall be treated as expenditure payable out of thegrants referred to in sub-clause
(a) above .
(10) ACCOUNTS ANDAUDITS:-
(a) The Commission shallmaintain proper accounts and other relevant records and also
prepare an Annual Statement of accounts in such form, asmay be prescribed by the
Government.
(b) The accounts of theCommission shall be audited at such intervals as may be
specified by the Government and any expenditure incurredin connection there
with shall be payable by the Commission.
(c) Any person appointed by theGovernment in connection with the audit of the accounts
of the Commission shall have the same rights andprivileges and the authority in
connection with such audit as the Comptroller and AuditorGeneral generally has in
connection with the audit of Government accounts and, inparticular, shall have the right
to demand the production of books, accounts, connectedvouchers and other documents
and papers, as he may consider necessary, and to inspectany of the offices of the
Commission.
(11) ANNUALREPORT:-
The Commission shall prepare in such formand at such time as may be prescribed for each financial year its Annual Report giving afull account of its activities during the previous financial year and forward a copy thereof to theGovernment.
(12)ANNUAL REPORTAND AUDIT REPORT TO BE LAID BEFORE PARLIAMENT:-
The Government shall cause the Annual Report, togetherwith a memorandum of action taken on the advice tendered by the Commission under clause (6) and thereasons for the non-acceptance, if any, of such advice and Audit Report to be laid as soon asreceived before each HouseofParliament.
(13) CHAIRPERSON,MEMBERS AND EMPLOYEES OF THE COMMISSION TO BE PUBLIC SERVANTS:-
The Chairperson, Members and other employees of theCommission shall be deemed to be public servants within the meaning of section 21 of the IndianPenal Code, 1980.
(14) MISCELLANEOUS:-
The Government may, by notification in the OfficialGazette, make regulations to provide for all or any of the following matters, namely:
(a) Salaries and allowancespayable to and the other terms and conditions of service of the Chairperson and Members and of officers andother employees;
(b) The form in which the AnnualStatement of Accounts shall be maintained;
(c) The form in, and the time atwhich the Annual Report shall be prepared and submitted to the Government; and
(d) Any other matte4r which isrequired to be, or may be prescribed.
(15) POWER TOREMOVE DOUBTS OR DIFFICULTIES:-
If any difficulty arises in giving effect tothe provisions hereinabove prescribed, the Government may by order, to be published inthe Official Gazette, make suitable provisions, not inconsistent with theprovisions hereinabove given for removal of doubts or difficulties, if any.
EXPLANATION:
For the purpose of this Notification-
(i)“Backward Classes” meanssuch backward classes of citizens other than the scheduled Castes & Scheduled Tribes as may be specified by theGovernment of National Capital Territory of Delhi in thelists.
(ii)“Government” means theGovernment of National Capital Territory of Delhi.
(iii)“Lists” means lists preparedby the Government of National Capital Territory of Delhi from time to time for purposes ofmaking provisions for the reservation of appointments or posts in favour of backwardclasses of citizens which, in the opinion of the Government, are not adequatelyrepresented in the services under the Government and any local or otherauthority owned or controlled by the Government.
(iv) “Member” means a member ofthe Commission and includes the Chairperson.
(P.K. DAVE)
Lieutinanat Governor
National Capital Territory of Delhi