NATIONAL COMMISSION FOR BACKWARD CLASSES ACT, 1993
(1) This Act maybe called the National Commission for Backward Classes Act, 1993.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall be deemed to have come into force on the 1st day of February, 1993.
In this Act, unless the context otherwise requires,—
(a) “backward classes” means such backward classes of citizens other than the Scheduled Castes and the Scheduled Tribes as may be specified by the Central Government in the lists;
(b) “Commission” means the National Commission for Backward Classes constituted under section 3;
(c) “lists” means lists prepared by the Government of India from time to time for purposes of making provision for the reservation of appointments or posts in favour of backward classes of citizens which, in the opinion of that Government, are not adequately represented in the services under the Government of India and any local or other authority within the territory of India or under the control of the Government of India;
(1) 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.
(2) 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.
(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 as 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;
(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 employee appointed for the purpose of the Commission shall be such as may be prescribed.
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.
No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the Constitution of 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 Members-Secretary in this behalf.
(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in such lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
(2) The advice of the Commission shall ordinarily be binding, upon the Central Government.
The Commission shall, while performing its functions under sub-section (1) of section 9, have all the power of a civil court trying a suit and in particular, in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses and documents; and
(f) any other matter which may be prescribed.
Legal Comments
"Scope of Section 10" - Section 10 provides the Civil Court-like powers to the National Commission for Backward Classes (NCBC) in the course of exercising its Section 9 functions (inclusion/exclusion advisories and related complaints), enabling procedural due process and evidence gathering. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Powers enumerated (a)-(f)" - The enumerated powers include summoning and enforcing attendance, examining on oath, requiring discovery and production of documents, receiving evidence on affidavits, and issuing commissions for examination of witnesses and documents, with scope for other prescribed matters. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Summoning authority" - The NCBC can summon persons from anywhere in the state to appear and testify under oath as part of its inquiries. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Oath administration" - Section 10 authorizes the NCBC to examine witnesses on oath, ensuring sworn testimony in its proceedings. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"production" - The Commission can compel discovery and production of documents relevant to its inquiries and recommendations. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Affidavits and commissions" - The NCBC can receive evidence on affidavits and can issue commissions to examine witnesses and secure documents. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Prescribed matters" - In addition to the listed powers, Section 10 contemplates other matters that may be prescribed, preserving flexibility for regulatory framing. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Advisory binding nature (Section 9 vs. Section 10)" - While Section 9 empowers the NCBC to advise the Government, its Section 10 powers facilitate gathering and evidence to support those recommendations; the advice itself is ordinarily binding on Government per subsequent case law. - [Meena Kumari Gurjar (Miss) VS Union of India]
"Binding character of NCBC recommendations" - The NCBC's recommendations are ordinarily binding on the Government, reflecting the constitutional aim of ensuring informed and expert guidance before policy decisions. - [RAM SINGH VS UNION OF INDIA]
"Limitations on binding effect" - The Government may depart from NCBC recommendations, but must record reasons for doing so, indicating that bindingness is subject to principled, reasoned rejection. - [Meena Kumari Gurjar (Miss) VS Union of India]
"Data-driven nature of recommendations" - The Court has emphasized that backward-class identification rests on sociological, economic, and educational data; reliance on outdated data to justify current lists is improper. - [RAM SINGH VS UNION OF INDIA]
"Section 11 interplay (periodic revision)" - Section 11 obligates periodic revision of OBC lists, but mandamus to compel revision is not automatic; the Central Government must consult the NCBC in such revisions. - [Pranav Dwivedi VS Union of India]
"Definition of 'lists' (NCBC Act)" - The NCBC Act defines "lists" as lists prepared by the Government for reservation, underscoring the interplay between NCBC recommendations and official lists. - [Ashoka Kumar Thakur VS Union of India & Others]
"Central vs. State lists; consultative role" - The NCBC’s function is to advise on inclusion/exclusion of backward classes; consultative process applies to both Central and State lists, with binding effect generally resting on the Government’s duty to consider the advice. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Constitutional status via 102nd Amendment (338B)" - The 102nd Amendment conferred constitutional status to the Commission for Backward Classes (now National Commission for Backward Classes) and outlined its remit, reinforcing its formal role in identification and welfare matters. - [Jishri Laxmnarao Patil, Member Indian Constitutionalist Council VS Chief Minister of State of Maharashtra]
"Mandor and Mandal framework references" - The Mandal Commission framework and related memos inform the historical mode of identifying OBCs; the NCBC’s role is to use robust material and expert input rather than arbitrary listing, per jurisprudence on backward-class identification. - [Swami Kalavati w/o. Sidhilingappa VS State of Maharashtra]
"Jurisprudence on data and revision" - Courts have stressed that decisions must be grounded in current, contemporaneous data and expert analysis; reliance on stale or non-representative data undermines the validity of inclusion/exclusion actions. - [RAM SINGH VS UNION OF INDIA]
"Role in rehabilitation and welfare matters (jurisdictional breadth)" - The NCBC’s jurisdiction extends to monitoring welfare measures and compliance with related rehabilitation agreements; this demonstrates its broad investigatory and supervisory capacity to safeguard backward classes. - [Karnataka Power Corporation Limited vs National Commission For Backward Classes, New Delhi]
"Definition of 'lists' in practice" - The NCBC Act’s definition of lists ties directly to reservation in public posts and services, illustrating how Section 9 and Section 10 operate in tandem with official rosters. - [Ashoka Kumar Thakur VS Union of India & Others]
"Interplay with executive action" - The NCBC’s findings and recommendations function within a framework where executive action is expected to follow good-faith consideration, with the government free to proceed with its own reasoning if it records proper justification. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Constitutional scaffolding and function of NCBC post-augmentation" - The constitutional upgrade (Article 338B) and related jurisprudence confirm that NCBC’s mandate includes investigation, monitoring, advisory functions, and the evaluation of safeguards for backward classes, reinforcing the significance of Section 10 as a practical investigative instrument. - [Jishri Laxmnarao Patil, Member Indian Constitutionalist Council VS Chief Minister of State of Maharashtra]
"Practical takeaway for practitioners" - Section 10 equips the NCBC with procedural tools essential for fact-finding and evidence gathering to support its Section 9 recommendations, while legal accountability requires that Government record reasons when diverging from NCBC advice. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
"Caveat on non-enforceability" - While Section 10 enables extensive investigative powers, it does not transform the NCBC into a Court; its enforcement power operates through the Government’s implementation of recommendations and orders, not direct punitive adjudication. - [HINDU SEVA KENDRAM VS UNION OF INDIA]
(1) The Central Government may at any time, and shall, at the expiration of ten years from the coming into force of this Act and every succeeding period of ten years thereafter, undertake revision of the lists with a view to excluding from such lists those classes who have ceased to be backward classes or for including in such lists new backward classes.
(2) The Central Government shall, while undertaking any revision referred to in sub-section (1), consult the Commission.
(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by tile Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor General generally has in connection with the audit of Gover
The Commission shall prepare, in such form and at such time, for each financial year, as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Central Government.
The Central Government shall I cause the annual report, together with a memorandum of action taken on the advice tendered by the Commission under section 9 and the reasons for the nonacceptance, if any, of any such advice, and the audit report to be laid as soon as may be after they are received before each House of Parliament.
The Chairperson, Members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian penal Code. (45 of 1860.)
A Municipal Commissioner is a public servant.
Explanation 1.—Persons failing under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal effect there may be in his right to hold that situation.
Explanation 3.—The word “election” denotes an election for the purpose of selecting members of any legislative, municipal or other public authority, of whatever character, the
(1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
(a) salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members under sub-section (5) of section 4 and the officers and other employees under sub-section (2) of section 5;
(b) the form in which the annual statement of accounts shall be prepared under sub section (1) of section 13;
(c) the form in, and the time at, which the annual report shall be prepared under section 14;
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient, for removing the difficulty.
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each House of Parliament.
(1) The National Commission for Backward Classes Ordinance, 19933 (Ord. 23 of 1993) is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under the corresponding provisions of this Act.
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