THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992
CONTENTS
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
THE NATIONAL COMMISSION FOR MINORITIES
3. Constitution of the National Commission for Minorities
4. Term of office and conditions of service of Chairperson and
Members
5. Officers and other employees of the employees of the Commission
6. Salaries and allowances to be paid out of grants
7. Vacancies, etc., not to invalidate proceedings of the Commission
8. Procedure to be regulated by the Commission
CHAPTER-III
FUNCTIONS OF THE COMMISSION
9. Functions of the Commission
CHAPTER-IV
FINANCE, ACCOUNTS AND AUDIT
10. Grant by the Central Government
11. Accounts and audit
12. Annual report
13. Annual report and audit report to be laid before Parliament
CHAPTER V
MISCELLANEOUS
14. Chairperson, Members and staff to the Commission to be public
servants
15. Power to make rules
16. Power to remove difficulties
THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992
[17th May 1992]
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-I
PRELIMINARY
1. Short title, extent and commencement: -
(1) This Act may be called the National Commission of 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: - 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 Commission;
(c) “Minorities”, 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-II
THE NATIONAL COMMISSION FOR MINORITIES
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 a Chairperson and six 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.
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 un-discharged insolvent;
(b) Is convicted and sentence 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) Refuse 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 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.
5. Officers and other employees of the 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 allowance payable to, and the other terms
and conditions of service of, the officers and other employees
appoint for the purpose of the Commission shall be such as may
be prescribed.
6. Salaries and allowances to be paid out of grants: - This salaries
and allowances payable to the Chairperson and Members and the
administrative expenses, including salaries, allowances and pension
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- 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: -
(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 Secretary or any other officer of the Commission duly authorized
by the Secretary in this behalf.
CHAPTER-III
FUNCTIONS OF THE COMMISSION
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 Constitution
and in laws enacted by Parliament and the State Legislatures;
(c) Make recommendations for the effective implementation of
safeguards for the protection of the interest 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 matter with
the appropriate authorities;
(e) Cause studies to be undertaken into problems arising out
of any discrimination against minorities and recommended measures
for their removal;
(f) Conduct studies, research and analysis on the issues relating
to socio-economic and education 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 is 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, which may be prescribed.
CHAPTER-IV
FINANCE, ACCOUNTS AND AUDIT
10. Grant by the Central Government: -
(1) The Central Government shall, after due appropriation made
by Parliament by law in his behalf, pay to the Commission by way
of grants such sums of money as the Central Government may think
fit for being utilized 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: -
(1) 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 Auditor General of India.
(2) The accounts of the Commission shall be audited by the Comptroller
and Auditor-General 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-General.
(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-General 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 of
the Commission.
12. Annual report: - The Commission shall prepare, in such form
and 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 far as they relate to the Central Government, and
the reasons for the non-acceptance, if any, of any of such recommendations
and the audit report to be laid as soon as may be after the reports
are received, before each House of Parliament.
CHAPTER – V
MISCELLANEOUS
14. Chairperson, Members and staff of the Commission to be public
servants: - The Chairperson, the Members and employees of the
Commission shall be deemed to be public servant with the meaning
of section 21 of Indian Penal Code.
15. Power to make rules: -
(1) The Central Government may, by notification in the Official
Gazette, 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 Members under sub-section
(5) of Section 4 and of officers and other employees under sub-section
(2) of Section 5;
(b) Any other matters under clause (f) of sub-section (4) of
Section 9;
(c) The form in which the annual statement of accounts shall
be maintained under sub-section (1) 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 may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as
may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may
be comprised in one session or in two or more successive sessions,
and if, before the expiry of the session immediately following
the session or the successive sessions aforesaid, both Houses
agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule shall there after have
effect only in such modified form or be of no 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 provisions
of this Act, the Central Government may, by order published in
the Official Gazette, 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 expiry of
a period of two years from the date of 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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