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NATIONAL COMMISSION FOR MINORITIES ACT

Ministry of Law and Justice

Act nº 19 of 1992


  • Chapter 1
  • Chapter II
  • Chapter III
  • Chapter IV
  • Chapter V
  • Act nº 19 of 1992

Preamble

THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992

[Act, No. 19 of 1992]

[17th May, 1992]

PREAMBLE

An Act to constitute a National Commission for Minorities and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Forty-third Year of the Republic of India as follows:--

Chapter 1

Section 1. Short title, extent and commencement

(1) This Act may be called the National Commission for Minorities Act, 1992.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date1as the Central Government may, by notification in the Official Gazette, appoint.

1. Came into force on 17th May, 1992 vide S.O. 317 (E), dated 17 May 1992, published in the Gazette of India, Pt. II, Section 3(ii).


Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a) "Commission" means the national Commission for Minorities constituted under section 3;

(b) "Member" means a Member of the Commission1[and includes the Vice-Chairperson];

(c) "minority", for the purposes of this Act, means a community notified as such by the Central Government;

(d) "prescribed" means prescribed by rules made under this Act.

1 . Added by Act 41 of 1995, section 2.


Chapter II

Section 3. Constitution of the National Commission for Minorities

(1) The Central Government shall constitute a body to be known as the National Commission for Minorities to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Commission shall consist of a1[Chairperson, a Vice-chairperson and five members] to be nominated by the Central Government from amongst persons of eminence, ability and integrity:

Provided that five Members including the Chairperson shall be from amongst the minority communities.

1. Substituted by Act 41 of 1995, section 3, for "chairperson and six Members".


Section 4. Term of office and conditions of service of Chairperson and Members

(1) The Chairperson and every Member shall hold office for a term of three years from the date he assumes office.

(2) The Chairperson or a Member may, by writing under his hand addressed to the Central Government, resign from the office of Chairperson or as the case may be, of the Member at any time.

(3) The Central Government shall remove a person from the office of Chairperson or a member referred to in sub-section (2) 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 the person's continuance in office detrimental to the interests of minorities or the public interest:

Provided that no person shall be removed under this clause until that person has been given a reasonable 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.

Section 5. Officers and other employees of the Commission

(1) The Central Government shall provide the Commission with a Secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act..

(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.

Section 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 employee referred to in section 5, shall be paid out of the grants referred to in sub-section (1) of section 10.

Section 7. Vacancies, etc., not to invalidate proceedings of the Commission

No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or defect in the Constitution of the Commission.

Section 8. Procedure to be regulated by the Commission

(I) 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) Ail orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorised by the Secretary in this behalf.

Chapter III

Section 9. Functions of the Commission

(1) The Commission shall perform all or any of the following functions, namely:--

(a) evaluate the progress of the development of minorities under the Union and States;

(b) monitor the working of the safeguards provided in the Consitution and in laws enacted by Parliament and the State Legislatures;

(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;

(d) look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;

(e) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;

(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(g) suggest appropriate measures in respect of any minority to be undertaken by the Central Government or the State Governments;

(h) make periodical or special reports to the Central Government on any matter pertaining to minorities and in particular difficulties confronted by them; and

(i) any other matter which may be referred to it by the Central Government.

(2) The Central Government shall cause the recommendations referred to in clause (c) of sub-section (1) to be laid before each House of Parliament along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the non-acceptance, if any, of any of such recommendations.

(3) Where any recommendation referred to in clause (c) of sub-section (1) or any part thereof with which any State Government is concerned, the Commission shall forward a copy of such recommendation or part to such State Government who shall cause it to be laid before the Legislature of the State along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the State and the reasons for the non-acceptance, if any, of any of such recommendation or part.

(4) The Commission shall, while performing any of the functions mentioned in sub-clauses (a), (b) and (d) of sub-section (1), have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely:--

(a) summoning and enforcing the attendance of any person from any part of India and examining him on oath;

(b) requiring the discovery and production of any document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses and documents; and

(f) any other matter may be prescribed.

Chapter IV

Section 10. Grants by the Central Government

(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central Government may think fit for being utilised for the purposes of this Act.

(2) The Commission may spend such sums as it thinks fit for performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).