Uttar Pradesh State Commission for Backword Classes:

Procedure & Rules - 1999 (To Operate the Functions and Powers of the Commission)

Indira Bhawan, Third Floor, Ashok Marg, Uttar Pradesh, Lucknow - 226001

For Uttar Pradesh Backward Class, rights given by Sub-section-2 of Section-8 of State Commission Act-1996 and using other additional rights State Commission prepares following Regulation for Backward Class:

• This regulation will be called as State Commission (Process and Operational) Regulation-1999 for Uttar Pradesh Backward Class.
  • This will be implemented immediately.
• “Act” means State Commission Act-1996 for Uttar Pradesh Backward Class
  • “Commission” means State Commission for Backward Class formed under Section-3 of State Commission Act-1996 for Uttar Pradesh Backward Class.
  • “Chairman” means President of Commission.
  • “Member” means person appointed as member to commission and also to commission under this.
  • “Committee/Bench” means Committee/Bench formed from members by the Chairman.
  • “Government” means Uttar Pradesh Government.
  • “Secretary” means Secretary appointed for Commission by State Government.
• Meeting organised by committee/bench for hearing and other work will also be considered as Meeting of Commission.
• For the purposes other than meeting of the referenced in Regulation- (3):-
  • Meeting of commission will be organised on 1st and 15th of every month and if the office is closed on the above date, then meeting will be organised on the next working day. Besides such meetings, Chairman can also organise such meeting on any other day.
  • Chairman can organise such meetings even if any of the member has requested for it, after consideration.
  • Working schedule of such meeting of commission will be sent to Personal Assistants of all members by the signature of Secretary. It will be the duty of concerned Personal Assistant that to make concerned members aware of such information. Working schedule received by Personal Assistant will be considered as receiving of working list by the members.
  • Working schedule of meeting of commission will be decided by the chairman. If any issue or subject has been requested by any of the member to be included in the working schedule before the meeting then such issues or subjects will be included in the working schedule with the permission of the chairman.
  • Quorum of such meeting of commission will be done by three members of commission. If quorum is not fulfilled for the meeting then meeting will be postponed for some other date. Its information will be forwarded to every member. For the postponed meeting two members are required for quorum.
  • In the meeting of chairman, if the decision does not come with consensus then as per the majority, whatever will be the decision, it will be considered as commission’s decision. If the vote is equal then chairman will be liable to give the conclusive vote, which will in addition to his/her general vote.
• Meeting of commission will usually be organised at Headquarters, Lucknow. There is also no restriction of organising any of the commission meetings outside the headquarters.

Committee/Bench

Among the members of commission work distribution will be done by the chairman. For the settlement/execution of work chairman can form one member/multiple member committee/bench. As per the need, change in work distribution can be done by the chairman. Recommendation will be presented in front of Chairman of such committee/bench in which chairman is not involved for approval and after the approval from chairman such recommendation of committee/bench will be considered as commission’s recommendation. If chairman disagree to give approval to the recommendation of committee/bench, such recommendation will be kept under consideration in the meeting of commission, but in the other rules, there will be a restriction even if there is a provision that such recommendation will be considered in a meeting in which the concerned committee/members of the bench and any other members other than the chairman are present. Decisions taken in that meeting will be considered as recommendation of commission.

Regarding giving information of meeting

Secretaries of concerned members will have to inform the dates of commission meeting which are being held other than 1st and 15th date of every month.

If the secretaries of concerned officers are not available then information can be forwarded to members by authorized officers. In certain situations chairman can issues notice from his/her camp also.

• Procedure of settlement of reports received regarding Section-9(1) of Act
  • Regarding this initial inspection of report and for the consideration of commission, the act of giving faith will be done by the member who will be sent by the chairman.
  • Regarding reports received in one month of various castes, specification of initial priority will be done in the meeting of commission that will be held in first week of next month.
  • After the priority assessment public notice will be published on the behalf of the Commission for initial hearing of date wise reports of dates given by the public information. Such public information will be published in two daily newspaper of that respective area. Besides this information of hearing of representatives will be sent through letter.
  • Initial hearing will be done by commission. After the hearing, if the commission doesn’t find the need of further proceedings then matter may be get closed. If the commission decides for further proceedings then, following procedure has to be followed for proceeding:
• The survey of the Commission will be done in relation to the relation between caste/class related to local investigations and survey. For such survey and local investigations, besides commission’s survey division, two member committee formed by the chairman can also do the survey/visit of the related site. In such visit/survey, committee can also collect the information from various communities. Detailed information will be given in the report of committee. Complete detail of investigation done by committee, will be given in which citizens/institutions and area name will be mentioned from whom information has been collected. The following questions will be in addition to the other related questions required in such questionnaire as per the survey conducted by Survey Division.
  • Regarding historical, geographical and cultural background and general information in related community.
  • Regarding historical, geographical and cultural background and general information in relation with concerned community.
  • Regarding various phases of family.
• After receiving the report of survey division and committee report (If committee has done investigation ever), date will be decided for case last hearing, whose information will be published in two daily newspaper, circulated in that respective area and information will be sent through notice to those petitioner and complainant
• Last hearing will be done by the commission, in which presence of minimum three members (Chairman is also included) is mandatory. At the time of such hearing proof presented by petitioner or complainant (if any) will be taken and chance will be given to parties to keep their opinion.
• By the committee doing hearing, recommendation will be done after consideration over investigation report etc. and other presented facts, information and data and proofs. If any member gives his different recommendation, then it will be considered in the meeting of commission and after the consideration final recommendation of commission will be prepared.
• Recommendation of commission will be forwarded to state government.
• Following procedure has to be followed for the matter related to Section-9 (1) of Act:-
  • Exploration and evaluation of all related matters from backward class provisioned safeguards will get done by the department/organisation-wise from Investigating Officers of Survey and Evaluation Division through Commission and concerned department will get it done by the chairman under nominated member/committee guidance/directions.
  • It will be mandatory to prepare master check list departmental/institutional-wise of safeguards for Other Backward Class. Along with, related facts of various phases will also be collected. For this work officers of survey and evaluation of survey and evaluation division will get the proper guidance through member/committee authorized by Chairman, as per the need.
  • Report institutional exploration and evaluation of will be prepared by Survey and Research Officers of Commission. They will also have to develop monitoring system in specific time decided by them. For this work, member nominated/authorized by employee and chairman will visit related institutions/units of department in various areas of state for participation at various levels and will present the updated monitoring report for analysis and recommendation.
  • Member/committee authorized by chairman will forward these monitoring reports to state government.
  • On such report commission will forward its recommendation to the state government.
  • Commission can also demand detail of proceedings done by concerned departments/institutions regarding safeguards of backward class done by various departments/institutions.
• Procedure regarding specific complaints regarding denial of rights and safeguards of backward class Section-9 (1) (C) of Act:-
  • On receiving the complaints they can be allotted to some member. After investigating the complaint by such member, if it is found that it is liable to do hearing/investigation regarding complaints, then as per the provisions and Khand (B) and (C) proceedings will take place. If at the initial stage of investigation if it is found that there is no need of any proceeding then it will be kept under consideration in the meeting of commission. After the consideration, if the need of proceeding over the issue is not found then such complaints will be illuminated. Hearing will be done as per provisioned Khand (B), (C) and (D) if decision has been taken for investigation/hearing regarding that complaint in the meeting.
  • Regarding the complaint regarding whom decision of investigation/hearing has been taken, complaint letter copy will be forwarded to concerned officer/authority and expectation of receiving report within four month will also be mentioned. Regarding this notice will be forwarded to on the format which has been decided by the commission. After receiving the report or not getting the report even after giving a chance, date of hearing will be decided, whose written information will be forwarded to the specified officers, through prescribed format as decided by the commission. First date of hearing will be decided by the Chairman.
  • Investigation/hearing will be done by committee/bench formed by commission. More authorized and responsible officer/employee can be sent to commission for getting information/data from institution/department immediately, which will collect the data/information accordingly and will present it in front of concerned committee/bench at headquarters.
  • All important process will be adopted from every possible way in hearing of specific investigation by concerned committee/bench. In this complainant and opposition party will be invited & time to put their views and the adoption of all the rules of other justice is involved.
  • Recommendation of commission on related complaint will be forwarded to Principal Secretary/Secretary of concerned department of government for important proceedings.
  • Copy of recommendation of commission on the complaints related to autonomous institutions will also be forwarded to HOD of autonomous institution.
• Process regarding Section-9 (1) (D) of Act:-
  • To participate in scheme process of economic growth and to advise for it in concerned meetings, chairman can authorized one or more members. Such authorized members will present their advice and meeting proceedings as written report to the chairman.
  • If there is need regarding giving advice on related issue from commission’s side, then it will be forwarded after the consideration.
  • Commission will receive the information from concerned department/authority/institution for the evaluation of progress of socio-economic of backward class and after receiving the factual information, matter will be raised in the meeting of commission for evaluation.
• Process regarding Section-9(1) (E) of Act:-
  • Along with detail of whole work of each year of commission, report will be prepared by the secretary on guidelines of chairman and will be forwarded to government every year after the consent of commission.
• To recommend to state government regarding conservation, welfare, social, economic development of backward class Act 9 (1) F. This work is under Section-9(1) (B). Hence will be executed accordingly.
• Regarding conservation, welfare, development and expression of Backward Class from Section-9(1) (G) of Act:-
  • Its responsibility will be executed by the commission as guided by the state government.
  • Execution of this responsibility (Investigation, analysis, preparation of report etc.) will be done under the guidance of authorized committee of commission. If records of statistics figures, collection of facts is also included then, such responsibility will be executed under the guidance of chairman.
  • Report of committee will be presented in front of commission. After that commission will forward it to the government.
• Besides mentioned process in this regulation, commission can specify process regarding various subjects and issues as per the discussion and decision taken in the respective meeting.
  • (Ramsurat Singh), Chairman
  • (Paramdev Yadav) Member
  • (Lalchandra Kushwaha) Member
  • (P.K. Sarin) Member
  • (Sarla Shakya) Member