3. Constitution of National Commission for Backward Classes. (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
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(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.
4. Term of office and conditions of service of Chairperson and Members. (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 ease 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 an 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;
(e) is, without obtaining leave of absence from the Commission, absent from
three consecutive meetings of the Commission; or
(f) has, in the opinion of the Central Government, so abused the position of
Chairperson or Member as to render that person's continuance in office detrimental to
the interests of backward classes or the public interest:
Provided that no person shall be removed under this clause
until that person has been given an opportunity of being
heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh
nomination.
(5) The salaries and allowances payable to, and the other terms and conditions of service
of, the Chairperson and Members shall be such as may be prescribed.
5. Officers and other employees of the Commission. (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 employees appointed for the purpose of the Commission
shall be such as may be prescribed.
6. Salaries and allowances to be paid out of grants. 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.
7. Vacancies, etc., not to invalidate proceedings of the Commission. 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.
8. Procedure to be regulated by 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 MemberSecretary in this behalf.