ANTI-CORRUPTION LAW- SERIES-16
ANTI-CORRUPTION LAW- SERIES-16
The National Commission For
Minorities Act, 1992
(19 OF 1992) 17/788 [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:—
LEGISLATIVE HISTORY 6
National Commission for Minorities (Amendment) Act, 1995 (41
of 1995)
Brought into force on 17.5.1993 vide S.O. 317(E), dated
17.5.1993.
CHAPTER I
Preliminary
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.
Object & Reasons6
Statement of Objects and Reasons.-The Minorities Commission
was set up in January, 1978 for providing an institutional arrangement for
evaluating the safeguards provided in the Constitution for protection of the
minorities and to make recommendations for ensuring implementation of the
safeguards and the laws.
2. The Minorities Commission with statutory status would
infuse confidence among the minorities about the working and the effectiveness
of the Commission. It would also carry more weight with the State
Governments/Union territory Administrations and the Ministries/ Departments and
the other organisations of the Central Government.
3. It has, therefore, been decided to give statutory status
to the Minorities Commission by the proposed legislation.
4. The National Commission for Minorities will consist of a
Chairperson and six Members.
5. The main task of the Commission shall be to evaluate the
progress of the development of minorities, monitor the working of the
safeguards provided in the Constitution for the protection of the interests of
minorities and in laws enacted by the Central Government or State Governments,
besides looking into the specific complaints regarding deprivation of rights
and safeguards of the minorities. It shall also cause studies, research and
analysis to be undertaken on the issues relating to socio-economic and educational
development of the minorities and make recommendations for the effective
implementation of the safeguards for the protection of interests of minorities
by the Central Government or State Governments. It may also suggest appropriate
measures in respect of any minority to be undertaken by the Central Government
or State Governments.
6. The Bill seeks to
achieve the aforesaid objects.
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 [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 II
The National Commission For Minorities
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, 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.
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 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 services of, the
Chairperson and Members shall be such as may be prescribed.
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.
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 employees referred to in section 5, shall be paid out of the grants
referred to in sub-section (1) of section 10.
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.
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
authorised by the Secretary in this behalf.
CHAPTER III
Functions Of The Commission
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 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
which may be prescribed.
CHAPTER IV
Finance, Accounts And Audit
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).
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.
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.
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, insofar 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
Chairperson, Members and staff 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).
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 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 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 thereafter 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.
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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S.No
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Dear Ngo leaders promote
activities such as :-
(All forms of
corruption must be ended to secure the basic rights of all people and ensure
a world where everyone can live in dignity)
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1.
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Organize, communicate, and raise awareness on Anti corruption
laws to your target people.
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2.
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Identify the victims and witnesses of corruption in your
working area
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3.
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Identify the need of Legal consultancy for Consumer rights,
women’s rights, Child rights, aged rights, revenue, education, documents
registration, social welfare, public and temple property panchayat, forest,
insurance, and all government department corruptions related issues etc
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4.
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Contact for such issues with an affidavit and we will make the
difference
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We also know that
corruption can’t be rooted out in one big sweep. Rather, fighting it is a
step-by-step, project-by-project process.
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MANISHANKAR
CEO-Anti-Corruption
And Human Rights Movement®-Chennai
Mobile:91 9087856137
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