National Commission for Backward Classes : Rules for service conditions and tenure notified

The National Commission for Backward Classes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2018, has been notified vide G.S.R. 800(E) on 23-08-2018, in supersession of the National Commission for Backward Classes (Salaries and Allowances and other conditions of Service of Chairperson and Members) Rules, 1996.

 

Salient features

1. Qualifications

  • The members have to be appointed from amongst persons of ability, integrity and standing who have had a record of selfless service to the cause of justice for socially and educationally backward classes.
  • Subject to the above provisions, the following shall be appointed —

(a) a Chairperson, from amongst eminent socio-political workers belonging to socially and educationally backward classes, who inspire confidence amongst the above said classes by their very personality and record of selfless service;

(b) Vice-Chairperson and all other Members out of whom, at least 2 are from those belonging to socially and educationally backward classes;

(c) at least one other Member would be a woman;

2. Appointment of part-time Members —The Members may be appointed on part-time basis also.

3. Term of Office — Every Member shall hold office for a term of 3 years from date on which he/she assumes such office, and such Members shall not be eligible for appointment for more than 2 terms.

4. Salaries and allowances

  • Every Member shall have the rank of a Secretary to the Government of India, and will be entitled to salaries, allowances and other facilities as admissible to a Secretary to the Government of India, provided that the Chairperson shall also be entitled to a rent free accommodation,
  • If the Chairperson, Vice-Chairperson or any other Member is a Member of Parliament/State Legislature, such person, shall not be entitled to any remuneration other than allowances, defined in clause (a) of S. 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959), other than the allowances, if any, which a Member of State Legislature may, under any law for time being a force in the State relating to prevention of disqualification for membership of State Legislature receive without incurring such disqualification.
  • A Member appointed on part-time basis shall be entitled to traveling and daily allowances during tours as applicable to a Secretary to the Government of India.

5. Arrangement in case of permanent or temporary vacancies

  • If the office of Chairperson becomes vacant or if the Chairperson for any reason is absent or unable to discharge his/her duties, then those duties shall, until the new Chairperson assumes office or the existing Chairperson resumes his office, be discharged by the Vice-Chairperson.
  • If the office of Vice-Chairperson becomes vacant or if the Vice-Chairperson for any reason is absent or unable to discharge the duties of his office, these duties shall, until the new Vice-Chairperson assumes office or the existing Vice-Chairperson resumes his office, be discharged by such other Member as President may direct.

6. Special provision for retired persons appointed as Chairperson, Vice-Chairperson and other Members

Where a person, being a retired Supreme Court/High Court judge or a retired government servant or retired servant of any other institution or autonomous body and in receipt of a pension in respect of any previous service, is appointed as Chairperson, Vice-Chairperson or a Member, the salary given to him shall be reduced by the amount of that pension and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of that portion of pension.

7. Resignation and Removal

  • The Chairperson/Vice-Chairperson/Member, can resign, by giving a handwritten notice addressed to President.
  • Chairperson can only be removed by order of President on ground of misbehavior after Supreme Court, on reference being made to it by President, has on inquiry held in accordance with Article 145 of Constitution, reported the Chairperson ought on any such ground be removed.
  • President may suspend the Chairperson in respect of whom a reference has been made to Supreme Court until the President has passed orders on receipt of report of Supreme Court.
  • Further, the President can also by order remove the Chairperson, by giving him/her a reasonable opportunity to be heard, if such person, —

(i) is adjudged an insolvent; or

(ii) engaged during his term of office in any paid employment outside his/her office duties; or

(iii) gets convicted and sentenced for offences involving moral turpitude; or

(iv) is, unfit to continue in office by reason of infirmity of mind/body or has abused his/her position so as to render his/her continuance in office detrimental to interests of socially and educationally backward classes:

  • If the Chairperson, in any way is concerned/interested in any contract/agreement made by the Government of India or Government of a State, and participates in any way in the profit/benefit/emolument, as a member of an incorporated company, then he/she shall be deemed guilty of misbehavior.
  • The President can remove a Vice-chairperson/Member, if that person, after giving him/her a reasonable opportunity to be heard —

(a) becomes an un-discharged insolvent;

(b) gets convicted and sentenced for an offence involving moral turpitude;

(c) is, unfit to continue in office by reason of infirmity of mind or body;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence, absent from 3 consecutive meetings; or

(f) has abused his/her position so as to render his/her continuance in the office, which is detrimental to interests of the socially and educationally backward classes.

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