In pursuance of the powers conferred by sub-section (2) of section 8 of the Kerala State Commission for Backward Classes Act, 1993 the Commission makes the following Regulations for regulating the procedure for entertaining, examining and advising upon requests for inclusion and complaints of over-inclusion or under-inclusion in the list.

REGULATIONS

CHAPTER I

1. Short title and Commencement:- (i) These regulations may be called the Kerala State Commission for Backward Classes Regulations, 1994.

(ii) They shall come into force at once.

2. Definitions:- In these Regulations, unless the context otherwise requires-

a) ‘Act’ means the Kerala State Commission for Backward Classes Act, 1993.

b) “Civil Rules of Practice” means the Civil Rules of Practice, Kerala, 1971.

c) “Civil Procedure Code” means the Code of Civil Procedure, 1908 as amended from time to time.

d) ‘Form’ means a Form appended to these regulations.

e) ‘Member-Secretary’ means the Member-Secretary of the Commission appointed under section 3 (2) (d) of the Act.

f) ‘petitioner’ means the person making a representation to the Commission.

g) ‘Person’ shall include any company or Association or body of individuals whether incorporated or not.

h) ‘respondent’ means the Government and/or any other person or persons affected or any other person or persons affected or interested.

i) ‘representation’ means and includes a petition, memorandum, complaint or request in writing.

j) ‘section’ means a section of the Act.

CHAPTER II

3. Registering of representation:- Every representation received in the office of the Commission shall be initialled by the Registrar/Assistant Registrar and the same shall be entered in the Distribution Register by the Clerical Assistant after affixing the date seal and assigning the inward number. After that the same shall be handed over to the Assistant who is in charge of representations. After an entry is made in the personal Register the representation shall be submitted to the Member-Secretary through the Court Officer and the Registrar/Assistant Registrar within three days of receipt with a brief note stating whether or nor the representation will come within the purview of the functions of the Commission. The Member-Secretary shall scrutinise it and if he is statisfied that the reprsentation is with the purview of the Commission, he shall direct the office to register the representation in a Register in Form A maintained by the Court Officer for that purpose and to place the same before the Commission in the next meeting.

4.Defects in representation:- If the Member-Secretary finds that the representation is defective in any manner he shall postpone the registration of the representation and inform the party in Form B. Provided that if the representation is clearly one that does not come within the purview of the Commission the Member-Secretary shall dispose of the same in such manner as he may deem fit.

5. Effect of Non- Complaince :- In case the defects are not rectified within the specified time or such further time as the Member-Secretary may allow, the representation shall be placed before the Commission and the Commission may pass such orders as it may deem fit.

6. Acknowledgement of representation :- As soon as a representation is regulated the Member-Secretary or any other officer of the Commission empowered in that behalf by the Member-Secretary shall send to the petitioner an acknowledgement in Form Cinforming him that the representation has been registered and further action is being taken thereon.

7. Procedure after registration :- After the registration an order sheet/proceedings paper shall be attached to the representation in which further steps like adjornments, orders of the Commission and actions to be taken by the office shall be recorded. A posting book in Form D shall be maintained by the Court Officer for entering the details of the adjornment and other steps.

8. Notice to the petitioners:- The Commission shall cause a notice to be issued to the petitioners/respondent as the case may be inForm –E requiring him to appear before the Commission on such date as may be indicated in the notice, to give or adduce evidence on his representation.

9.Trial:- The Commission shall mutatis mutandis follow the procedure prescribed in the Code of Civil Procedure and Civil Rules of Practice for trying a suit as empowered by section 10 of the Act.

(*) Provided that if in respect of any particular request or complaint the Commission feels that it is not necessary to follow the procedure laid down in the Code of Civil Procedure, and Civil Rules of Practice, it may follow such summary procedure as it may determine.

(*) inserted as per Notification No. 1725/C1/94/KSCBC., dated 07.11.1994)

10.Summoning other persons:- The Commission may summon such other person or persons as may be found necessary to tender evidence or to produce any document before it.

11.Other evidence:- The Commission may obtain such other information or evidence as may be considered necessary through surveys or otherwise in addition to the evidence obtained during the hearing.

(*) Inserted as per Notification No. 1028/C1/94/KSCBC.

(**) “11 A. Levy of fee for copies of documents:- The Commission may levy a fee at the rate of Re. 1/- (Rupee one only) per page for photocopy of any paper/Document to be given to the applicants at their request under the specific direction of the Commission.”

12. Advice to Government :- After due consideration of the evidence the Commission shall tender its advice to Government.

……..

FORM A

(See Regulation No. 3)

Register of Representations

Representation No. ……………………………………………………………….. of 20……….
Date of Presentation :
Registration :

3. Name and address of the Petitioner :
4. Main prayers/Demands :
5. Name and address of Respondent, if any :
6. Date of summons or notice issued :
7. Date of appearance of Respondent
8. Advocate of the Petitioner :
9. Advocate of the Respondent :
10. No. of Witness examined

For Petitioner :

For Respondent :

11. No. of documents admitted in evidence :

For Petitioner :

For Respondent :

12. Date of appearance by Government as party :

13. Result of final investigation :

14. Date of advice to Government :

15. Nature of action taken by the Government :

FORM B

(See Regulation No. 4)

In the Kerala State Commission for Backward Classes,

Thiruvananthapuram

(Give Name and Address of the Petitioner)

………

Your representation dated …………………………… addressed to the Commission has been received in this office on…………………………………

……………….

Since your representation is defective as per the following particulars, it has not been registered. You are requested to rectify the defects and return the petition on or before ………………………………… for further action.

Defects:

Thiruvananthapuram –3

Date: ………………………. Registrar,

For Member –Secretary,

Kerala State Commission for Backward Classes.

FORM C

(See Regulation No. 6)

In the Kerala State Commission for Backward Classes,

Thiruvananthapuram

(Give Name and Address of the Petitioner)

………

Your representation dated …………………………… addressed to the Commission has been received in this office on…………………………………

……………….…… and it has been registered as Representation No……………………….. of 20 …………………….

In all further proceedings please quote the above number.

Defects:

Thiruvananthapuram –3

Date: ………………………. Registrar,

For Member –Secretary,

Kerala State Commission for Backward Classes.

KERALA STATE COMMISSION FOR BACKWARD CLASSES

THIRUVANANTHAPURAM

FORM D

(See Regulation No. 7)

POSTING BOOK

KERALA STATE COMMISSION FOR BACKWARD CLASSES

YEAR 20……… DATE: ……………

DAY OF THE Week …………………

Number of the Representation Details of adjournment/Other steps.

(1) (2)

FORM E

(See Regulation No. 8)

In the Kerala State Commission for Backward Classes, Thiruvananthapuram

Representation No……………………………………………………

Petitioner : ……………………………………………………………

……………………………………………………..….….

………………………………………………..…….……….

As the above representation has been posted for hearing at…………………………..…a.m/p.m on……………………… at ……………………………………………………………………………., you are requested to appear before the Commission at the said time and place and give evidence in support of your representation. You are also requested to adduce evidence, if any, both oral and documentary in support of your representation.

If you fail to appear on the said date and time, your representation will be liable to be disposed of in your absence and without hearing you.

In this connection you are hereby informed that under section 10 of the Kerala State Commission for Backward Classes Act, 1993, the Commission while performing its functions has been empowered to exercise the powers of a Civil Court trying a suit.

Thiruvananthapuram –3

Date: …………………..

Registrar,

For Member –Secretary,

Kerala State Commission for Backward Classes