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INDIAN BARE ACTS

THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992

THE NATIONAL COMMISSION FOR MINORITIES
Sheikh Abdullah addressing a mammoth gathering...

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ACT, 1992
(19 of 1992)
[17th May, 19921

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
PRELIMINARY
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 date ' as the Central Government may, by notification
in the Official Gazette, appoint.
2. Definitions,-la 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 Commission '[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
CHAPTER 11
THE NATIONAL COMMISSION FOR MINORITIES
3. Constitution of the National Commission for Minoritles .- (l) 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 a 3[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. ,Came Into force on 17th May, 1992 vide S.O. 317 (E), dated 17th May 1992, published in the
Gazette of India, Pt lt, Sec. 3(ii).
2. Added by Act 41 of 1995, sec. 2.
3. Subs. by Act 41 of 1995, sec 3, for "Chairperson and six Membco".
11
- t-The National Commission For Minorities Act, 1992
4. Term of office and conditions of service of Chairperson and Members
.-(I) 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) itthat 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 andallowancespayableto , and the othertermsandconditions of service
of, the Chairperson and Members shall be such as may be prescribed.
5. Officers and other employees of the Commission.--( l) The Central Government
shall provide the Commission with a Secretaryand suchother officers and employees as may
be necessary for the efficient performance ofthefunctions ofthe Commission underthisAct.
(2) the salaries and allowances payable to, and the other terms and conditions of service
of, the officers and other employees appointed for the purppse 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 employee referred to in
section 5.
shall be paid out of the grants referred to in sub-section ( 1) of section 10.
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.
8. Procedure to be regulated by the Commission .-{l) The Commission shallmeet
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 Secretary
or any other officer of
the Commission duly authorised by the Secretary in this behalf.
2-The National Commission For Minorities Act, 1992
CHAPTER III
FUNCTIONS OF THE COMMISSION
9. Functions of the Commission .-(1) The Commission shall pefform all or any ofthe
following functions, namely:-
(a) evaluate the progress ofthe development
of minorities under the Union and States;
(b) monitor the working of Lhe 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; I
(d) look
into specific complaints regarding deprivation ofrights 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 toy it by the Central Government.
(2) The
Central Government shall cause the recommendations referred to in clause (c)
of subsection (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 itto 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 subclauses (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.
3-The National Commission For Minorities Act, 1992
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
10. Grants by the Central Government
.-{
l) 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 Governmentmaythink 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).
11. Accounts and audit.-(
I) The Commission shall maintain proper accounts and
other relevant records and prepare an annual statement of accounts in such form as may be
prescribed by the Central Government in consultation with the Comptroller and AuditorGeneral of India.
(2) The Accounts ofthe Commission shal
l
be audited by the COMPtrollerand AuditorGeneral at such intervals as may be specified by him and any expenditure incurred in
connection with such audit shall be payable by the Commission to the Comptroller and
Auditor-Genera;.
(3) The Comptroller and Auditor-General and any person appointed by him in
connection with the audit of the accounts of the Commission under this Act shall have the
same rights and privileges and the authority in connection with such audit as the Comptroller
and Auditor-Genera;
generally has in connection with the audit of Government accounts
and, in particular,
shall have the right to demand the production of books, accounts
,
connected vouchers and other documents and papers and to inspect any of the offices ofthe
Commission.
12. Annual report.-The Commission shall prepare,
in such form at such time, for
each financial year, as may be prescribed
,
its annual report, giving a full account of its
activities during the previous financial year and forward a copy thereof to the Central
Government.
13. Annual report and audit
report
to be laid before Parliament
.-The Central
Government shall cause the annual report together with a memorandum of action taken on
the recommendations contained therein,
in so for as they relate to the Central Government,
and the reasons for the non-acceptance, if any,
of any of such recommendationsandtheaudit
report to be laid as soon as may be after the reports
Parliament.
are received, before each House of
CHAPTER V
MISCELLANEOUS
14. Chairperson,
Members and Starr of the Commission to be public servants.-
The Chairperson, Members and employees of the Commission shall be deemed to be public
servants within the meaning of section 21 of the Indian Penal Code
(45 of 1860).The National Commission For Minorities Act, 1992
15. Power to make rules
Official Gazette,
.--{)) The Central Government may by notification in the
make rules for carrying out the provisions of this Act.
(2) In particular, and without
prejudice to the generality of the foregoing powers, such
rules may provide for all or
any of the following matters, namely:-
(a) salaries and allowances payable to, and the other terms and conditions of service
of, the Chairperson
and mem bers under sub-section (5) of section 4 and of officers
and other employees under sub-section (2) of section 5;
(b) any other matter under clause (f) of sub-section (4) of section 9;
(c) the form
in which the annual statement of accounts shall be maintained under
subsection ( I ) of section 11;
(d) the form in and the time at
, which the
annual report shall be prepared under section
12;
(
e) any other matter which is required
to be, or maybe, prescribed.
(3) Every rule made under thisActshall belaid,
assoon asmaybeafter itismade, before
each House of Parliament, while it is in session
, for a total period of thirty days which may
of the
be comprised in one session or in two or more successive sessions, and if, before the expiry
session immediately following the session or the
successive sessions aforesaid, both
Houses agree in making any modification in the rule or both House agreethat the rule should
not be made,
the rule shall thereafter have effect only
in such modified form orbe oftio effect,
as the case may be; so, however,
that any such modification or annulment shall be without
prejudice
to the validity of anything previously
done under that rule.
16. Power to remove difficulties
.-(1) If any difficulty arises
in giving effect to the
Gazette
provisions of this Act, the Central Government may, by order published in the Official
, make such provisions , not inconsistent with the provisions of this Act as appear to
it to be necessary or expedient
for removing the difficulty:
Provided
that no such order shall be made after
the date of
the expiry ofa period of two years from
commencement of this Act.
(2) Every order
made under this section shall, as soon as may be after it is made
, be laid
before each house of Parliament.
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