A.P. State Commission for Backward Classes Act, 2019 - Rules

GOVERNMENT OF ANDHRA PRADESH
 A B S T R A C T
A.P. State Commission for Backward Classes Act, 2019 - Rules – Issued.
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BACKWARD CLASSES WELFARE (F) DEPARTEMNT
G.O.MS.No. 66 Dated: 30-08-2019

O R D E R:-
The following Notification will be published in the extraordinary issue of the Andhra Pradesh Gazette dated.30.08.2019.


NOTIFICATION

In exercise of the powers conferred by sub- section (1) of the Section 18 of the Andhra Pradesh State Commission for Backward Classes Act, 2019 (Act No.19 of 2019), the Government of Andhra Pradesh hereby makes the
following rules:-

RULES

1. SHORT TITLE AND COMMENCEMENT:
 These rules may be called the Andhra Pradesh State Commission for Backward Classes (Salaries and Allowances and other conditions of Service of Chairperson and Members) Rules, 2019.

2. DEFINITIONS: -
a. “Act” means the Andhra Pradesh State Commission for Backward Classes Act, 2019 (Act No.19 of 2019);
b. “Chairperson” means the Chairperson for the Andhra Pradesh State Commission for Backward Classes appointed under sub section (1) of Section 3 of the Act;
c. “Member “means any member of the Commission nominated by the Government under sub-section (2) of section 3 of the Act;
d. Social Scientist for the purpose of section 3 (2) (b) of the Act shall be a person with a doctorate in the field of Sociology or Anthropology with 15 years of work
experience in the relevant field.

3. APPOINTMENT OF CHAIRPERSON:
The Government shall by notification, appoint the Chairperson, in consultation with the Chief Justice of the High Court of Andhra Pradesh.

4. SALARIES AND ALLOWANCES:
1. The Chairperson shall be entitled to a monthly salary and to such allowances and Other benefits as are admissible to a judge of the High Court.
2. Every Member other than the Chairperson shall be entitled to a monthly salary and to such allowances and Other benefits as are admissible to a Secretary to Government.
Provided that in case a person appointed as a Chairperson or Member who are in receipt of any pension, the pay shall be reduced by the gross amount of pension drawn by them.

5. VACANCY:
 If any vacancy arises in the Commission, the same shall be filled by the Government within six months.

6. RECEIPT OF REPRESENTATIONS ETC.:
1. The Chairperson or any Member of the Commission or any officer of the Commission authorized by the Chairperson shall receive the representations or Memorandum presented either in electronic form or in physical form either in person or sent by post, by any individual or any group of individuals or any association or any organization.
2. The Chairperson or any Member of the Commission or any officer authorized in this by the Chairperson shall receive any reference made by the Government on any matter under sub section (2) of section 10 of the Act.
3. Every representation received or reference made by the Government shall be registered in the office of the Commission.
4. All the representations if any received and registered by the Commission shall be placed in the website of the Commission enabling the general public to submit their views on the subject matter.
5. Commission shall make necessary enquiries into the representations/ references made by the Government and make necessary recommendation to the Government.
6. The Commission may either suo-moto or on the request of the Government take up any issue relating to Backward Classes, conduct enquiries as it deems appropriate and advise the Government along with its observations on the
subject.
7. All enquiries to be conducted by the Commission shall be in accordance with the procedure prescribed under the regulations framed by the Commission from time to time.

7. RESEARCH WING:
There shall be a Research Wing with Library in the Commission as required under sub-section (4) of Section 10 of the Act with the prior approval of the Government.

8. SITTINGS AND HEARINGS:
1. The Commission shall function on regular basis from the Office of the Commission.
2. The Commission shall from time to time fix and notify the time, date, and venue of sitting for hearing the recognized associations, organizations or individuals.
3. The Commission may hold meetings on its own at any place of its convenience or at the request of the recognized associations or individuals.
4. The Commission shall in advance notify about its sittings for hearing in all Revenue Divisional Offices/ Mandal Revenue Offices/ Collector’s Office/ Mandal Praja Parishad Offices/ Zilla Praja Parishad Office and such other prominent
places deemed necessary within the district whenever such meetings are proposed to be held.
5. The Commission may visit places within the State of Andhra Pradesh to identify the problems, living conditions and similar other aspects of Backward Classes or other and for making study of socio economic conditions of such
communities.
6. Wide publicity shall be given to all such visits and meetings of the Commission through press and other media especially in local language.
7. In every sitting/ hearing, there shall be a quorum of three members out of five.
8. If the Chairperson is absent, any other member nominated by the Chairperson shall hold meeting.
9. There shall be an advance intimation by at least 10 days before the date of meeting/ hearing by the Commission.
10. The meeting or sitting may be held either on any working day or on holiday as per the convenience of the Commission and of the public in general.
11. In case of cancellation or adjournment of the scheduled meeting / sitting prescribed, it shall be intimated to the District Collector in time for arranging intimation to the general public and the parties invited.

9. ACCOUNTS:
The Accounts of the Commission shall be rendered every year in the form prescribed by the Accountant General and they shall be audited by the Accountant General.

10. REPORT:
The Commission shall prepare and submit Annual Report to the Government in the form, as prescribed, by the Government, for each financial year.

11. IMPLEMENTATION:
The report of the Backward Classes Commission shall ordinarily be binding on the Government, provided further that for reasons to be recorded in writing, it shall be open to the Government to differ with the report of the Commission and the decision of the Government in regard thereto, shall be final.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)
 R. KARIKAL VALAVEN
SPECIAL CHIEF SECRETARY TO GOVERNMENT