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Union of India - Section

Section 17 in The National Commission For Backward Classes Act, 1993

17.

/787Statement of Objects and Reasons.-In its judgment dated 16th November, 1992 on matters arising out of Government's orders on reservation of appointments or posts under the Government of India in favour of backward classes of citizens under article 16(4) of the Constitution, the Supreme Court, inter alia, directed the Government of India to constitute a permanent body within four months from the date of judgment, i.e., by 15th March, 1993, for entertaining and examining and for recommending upon requests made to it for, inclusion and complaints of over-inclusion and under-inclusion in the lists of backward classes of citizens. The Supreme Court observed that the body so created can also be consulted by the Government in the matter of periodic revision of lists of backward classes. The Supreme Court had also observed that the permanent body must be empowered to examine complaints relating to such matters and pass appropriate orders. Its advice/opinion should ordinarily be binding upon the Government.2. As Parliament was not in session, and as the Government was required to comply with the direction of the Supreme Court within the time-frame stipulated in the judgment, the President promulgated the National Commission for Backward Classes Ordinance, 1993 on the 1st of February, 1993.3. The Bill seeks to replace the said Ordinance.[2nd April, 1993]An Act to constitute a National Commission for Backward Classes other than the Scheduled Castes and the Scheduled Tribes and to provide for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:-