Ministry of Social Justice and Empowerment
The National Commission for Backward Classes (Repeal) Act, 2018, repealed the National Commission for Backward Classes Act, 1993. This repeal was a precursor to the 102nd Constitutional Amendment Act, which granted constitutional status to the National Commission for Backward Classes (NCBC), establishing it as a permanent body. The 1993 Act had established the NCBC as a statutory body, but its recommendations were not binding, and its existence was dependent on periodic renewals. The constitutional amendment aimed to strengthen the Commission’s mandate and provide greater security for the rights and interests of backward classes. This Act falls under the Ministry of Social Justice and Empowerment.
Enactment Date, Number of Chapters, Number of Sections:
The Repeal Act was enacted on August 14, 2018, and came into force on August 15, 2018. It consists of two sections and is not divided into chapters.
Act Governed By:
The Act is primarily concerned with the repeal of the 1993 Act and the dissolution of the then-existing National Commission for Backward Classes. The subsequent constitutional amendment and the establishment of the new NCBC are governed by the Constitution and related legislation.
On Whom It Is Applicable:
The Act’s primary impact is on the former National Commission for Backward Classes established under the 1993 Act, its employees, and any ongoing proceedings or remedies related to the repealed Act.
Penalties/Punishments:
The Act itself does not introduce new penalties. However, it includes savings clauses that preserve any penalties, confiscations, or punishments incurred under the repealed Act, allowing for their continued enforcement.
Important Pointers:
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Repeals the National Commission for Backward Classes Act, 1993.
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Dissolves the existing National Commission for Backward Classes.
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Includes savings clauses to protect existing rights, obligations, liabilities, penalties, and ongoing proceedings under the repealed Act.
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Paves the way for the establishment of a new, constitutionally mandated National Commission for Backward Classes.