National Commission for Backward Classes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules, 2018
Published vide Notification No. G.S.R. 800(E), dated 23.8.2018
(a) "article" means article of the Constitution;
(b) "Chairperson" means the Chairperson of the Commission;
(c) "Commission" means the National Commission for Backward Classes established under clause (1) of article 338B;
(d) "Member" means a Member of the Commission and includes the Chairperson and the Vice-Chairperson;
(e) "Vice-Chairperson" means the vice-Chairperson of the Commission.3. Qualifications. - (1) The Members shall be appointed from amongst persons of ability, integrity and standing who have had a record of selfless service to the cause of justice for the socially and educationally backward classes. (2) Subject to the provisions of sub rule (1),-
(a) the Chairperson shall be appointed from amongst eminent socio-political workers belonging to the socially and educationally backward classes, who inspire confidence amongst the socially and educationally backward classes by their very personality and record of selfless service;
(b) of the Vice-Chairperson and all other Members out of whom, at least two shall be appointed from amongst persons belonging to the socially and educationally backward classes;
(c) at least one other Member shall be appointed from amongst women;4. Appointment of part-time Members. - The Members to be appointed under these rules may be appointed on part-time basis also. 5. Term of Office. - (1) Save as otherwise provided in these rules, every Member shall hold office for a term of three years from the date on which the Member assumes such office. (2) The Members shall not be eligible for appointment for more than two terms. 6. Salaries and allowances. - (1) Every Member shall have the rank of a Secretary to the Government of India unless otherwise specified. (2) Every Member shall be entitled to such 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, (3) Notwithstanding anything contained in sub-rules (1) and (2), if the Chairperson, Vice-Chairperson or any other Member is a Member of Parliament, or a State Legislature, the Chairperson, Vice-chairperson, or as the case may be, the other Member, shall not be entitled to any remuneration other than the allowances, defined in clause (a) of section 2 of the Parliament (Prevention of Disqualification) Act, 1959 (10 of 1959) or as the case may be, other than the allowances, if any, which a Member of the Legislature of the State may, under any law for the time being a force in the State relating to the prevention of disqualification for membership of the State Legislature receive without incurring such disqualification. (4) Notwithstanding anything contained in sub-rules (1) and (2), a Member appointed on part-time basis shall be entitled to traveling allowance and daily allowance during tour applicable to a Secretary to the Government of India. 7. Arrangement in case of permanent or temporary vacancies. - (1) If the office of the Chairperson becomes vacant or if the Chairperson is for any reason absent or unable to discharge the duties of his office, those duties shall, until the new Chairperson assumes office or the existing Chairperson resumes his office, as the case may be, be discharged by the Vice-Chairperson. (2) If the office of the Vice-Chairperson becomes vacant or if the Vice-Chairperson is for any reason 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. 8. Special provision for retired persons appointed as Chairperson, Vice-Chairperson and other Members of the Commission. - Where any person, being a retired judge of Supreme Court or of a High Court 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 admissible to him under these rules 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 the pension. 9. Resignation and Removal. - (1) The Chairperson and Vice-Chairperson and any other Member, may, by notice in writing under his hand addressed to President, resign his post. (2) (a) The Chairperson shall only be removed from his office by order of President on the ground of misbehavior after the Supreme Court, on reference being made to it by President, has on inquiry held in accordance with the procedure prescribed by it under sub-clause (i) of clause (1) of article 145 of the Constitution, reported that the Chairperson ought on any such ground to be removed.
(b) President may suspend from office the Chairperson in respect of whom a reference has been made to the Supreme Court under this sub-rule until the President has passed orders on receipt of the report of the Supreme Court on such reference.
(c) Notwithstanding anything in clause (a), the President may by order remove from office the Chairperson, if the Chairperson,-
(i) is adjudged an insolvent; or
(ii) engaged during his term of office in any paid employment outside the duties of his office; or
(iii) gets convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude; or
(iv) is, in the opinion of the President, unfit to continue in office by reason of infirmity of mind or body or has so abused the position of Chairperson as to render that person's continuance in office detrimental to the interests of the socially and educationally backward classes:Provided that the Chairperson shall not be removed under this clause until he has been given a reasonable opportunity of being heard in the matter.
(d) If the Chairperson, is or becomes in any way concerned or interested in any contract or agreement made by or on behalf of the Government of India or the Government of a State, participates in any way in the profit thereof or in any benefit or emolument arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of clause (a) be deemed guilty of misbehavior.(3) The President shall remove a person from the office of Vice-chairperson or Member, if that person,-
(a) becomes an un-discharged insolvent;
(b) gets convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude;
(c) is, in the opinion of the President, 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 from the Commission, absent from three consecutive meetings of the Commission; or
(f) in the opinion of the President, has so abused the position of Vice-Chairperson or Member as to render that persons continuance in office is detrimental to the interest of the socially and educationally backward classes:Provided that no person shall be removed under this sub-rule until he has been given reasonable opportunity of being heard in the matter.