ANTI-CORRUPTION LAW SERIES-18
The
National Commission
for Minority Educational Institutions Act, 2004
(2 of 2005)
as amended by
The National Commission for
Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006)
and
The National Commission for
Minority Educational Institutions (Amendment) Act, 2010 (20 of 2010)
The
National Commission for
Minority
Educational Institutions Act, 2004
Page
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CHAPTER I
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Section
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1.
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Short title, extent and
commencement
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. . . 5
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2.
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Definitions
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. . . .5
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CHAPTER II
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THE NATIONAL COMMISSION FOR
MINORITY
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EDUCATIONAL INSTITUTIONS
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3.
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Constitution of National
Commission for Minority
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Educational
Institutions
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. . .
6
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4.
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Qualifications for
appointment as Chairperson or other Member
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. . . 6
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5.
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Term of
office and conditions of service of Chairperson and Member. . . 7
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6.
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Officers and other
employees of Commission
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. . . 7
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7.
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Salaries and allowances to
be paid out of grants
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. . . 7
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8.
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Vacancies, etc., not to
invalidate proceedings of Commission
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. . . 8
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9.
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Procedure
to be regulated by Commission
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. . .
8
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CHAPTER III
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RIGHTS
OF A MINORITY EDUCATIONAL INSTITUTION
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10. Right to establish a
Minority Educational Institution
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. . . 8
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10A. Right of a Minority Educational Institution
to seek affiliation
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. . . 9
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CHAPTER
IV
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FUNCTIONS
AND POWERS OF COMMISSION
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11. Functions of Commission
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. . . 9
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12. Powers of Commission
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. . . 10
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12A.
Appeal against orders of the Competent authority
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. . . 10
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12B.
Power of Commission to decide on the minority status of an
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educational
institution
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. . .
11
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. . .12
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12D.
Power of Commission to investigate matters relating to
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deprivation
of educational rights of minorities
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. . .
12
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12E.
Power of Commission to call for information, etc
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. . .
. 12
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12F.
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Bar of jurisdiction
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. . . 13
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13.
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Financial and
administrative powers of Chairperson
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. . .
13
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CHAPTER
V
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FINANCE, ACCOUNTS AND AUDIT
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14.
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Grants by Central
Government
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. . .
13
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15.
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Accounts and audit
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. . . 13
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16.
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Annual Report
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. . . 14
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17.
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Annual report and audit
report to be laid before Parliament
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. . . 14
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CHAPTER
VI
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MISCELLANEOUS
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18.
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[Omitted.]
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. . . 14
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19.
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Chairperson, Members,
Secretary, employees, etc.,
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of Commission to be public
servants
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. . . 14
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20.
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Directions by Central
Government
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. . . 14
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21.
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Protection of action taken
in good faith
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. . . 14
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22.
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Act to have overriding
effect
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. . . 15
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23.
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Returns or information
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. . . 15
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24.
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Power to make rules
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. . . 15
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25.
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Power to remove
difficulties.-
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. . . 15
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26.
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Repeal and saving
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. . . 16
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(THE SCHEDULE.-[Omitted.]
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Statement of Objects and
Reasons
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. . . 17
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EDUCATIONAL
INSTITUTIONS ACT, 2004
(2 of 2005)
[6th January, 2005]
An Act to constitute a National Commission for
Minority Educational Institutions and to provide for matters connected
therewith or incidental thereto.
BE it enacted by Parliament
in the Fifty-fifth 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 for Minority
Educational Institutions Act, 2004.
(2)
It
extends to the whole of India except the State of Jammu & Kashmir.
(3) It shall
be deemed to
have come into force on the 11th
day of
November, 2004.
2.
Definitions.—
In this Act, unless the context otherwise requires,—
(a) “affiliation”
together with its grammatical variations, includes, in relation to a college,
recognition of such college by, association of such
college with, and admission
of such college to the privileges of, a 1 [***]
University;
2
[(aa) “appropriate Government” means,—
(i)
in relation to an educational institution
recognized for conducting its programmes of studies under any Act of
Parliament, the Central
Government; and
(ii)
in relation to any other educational
institution recognized for conducting its programmes of studies under any State
Act, a State Government in whose jurisdiction such institution is established;]
(b)
3 [***]
(c)
“Commission” means
the National Commission
for Minority
Educational Institutions
constituted under section 3;
2 [(ca)
“Competent
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authority” means
the
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authority appointed
by
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the
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appropriate Government
to grant no
objection certificate for
the
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establishment
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of any
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educational
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institution
of their choice
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by the
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minorities;]
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(d) “degree” means any such
degree as may, with previous approval of the
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Central Government,
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be specified
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in this
behalf by the University
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Grants
Commission, by notification in the Official Gazette;
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_______________________________________
1. The word “Scheduled” omitted by Act 18 of 2006, Sec. 2 (w.e.f.
23.1.2006).
2. Ins. by Act 18 of 2006, sec. 2 (w.e.f. 23.1.2006).
3. Omitted by Act 20 of 2010 (w.e.f. 01.09.2010); before omission
clause (b) stood as under:
“(b) “college” means a college or teaching institution (other than
a University) established or maintained by a person or group of persons from
amongst a minority community;
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Institutions Act, 2004
1 (da)
“educational rights to minorities” means the rights of minorities to establish
and administer educational institutions of their choice;
(e)
“Member ” means a member of the Commission and
includes the Chairperson;
(f)
“minority ,”for the purpose of this Act, means
a community notified as such by the Central Government;
2 (g)
“Minority Educational Institution” means a college or an educational
institution established and administered by a minority or minorities;
(h)
“prescribed
” means prescribed by rules made under this Act;
(i)
“qualification
”means a degree or any other qualification awarded by a
University;
(j)
3[***]
(k) “technical education ”
has the meaning assigned to it in clause (g) of section 2 of the All India Council
for Technical Education Act, 1987 (52 of 1987);
(l)
“University ” means a university defined under clause (f) of section 2 of the
University Grants Commission Act, 1956 (3 of 1956), and includes an
institution deemed to be a University under section 3 of that Act, or
an institution specifically empowered by an Act of Parliament to
confer or grant degrees.
CHAPTER II
THE NATIONAL COMMISSION FOR
MINORITY
EDUCATIONAL INSTITUTIONS
3. Constitution of National
Commission for Minority Educational Institutions.— (1) The Central Government
shall, by notification in the Official Gazette, constitute a body to be known
as the National Commission for Minority Educational Institutions 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 three4 [**]
members to be nominated by the Central Government.
4.
Qualifications
for appointment as Chairperson or other Member.—
(1)
A person shall not be qualified for appointment
as the Chairperson unless he,—
(a)
is a
member of a minority community; and
(b)
has been
a Judge of a High Court.
_________________
1. Ins.
By Act 18 of 2006, sec. 2 (w.e.f. 23.1.2006).
2.
Substituted by Act 20 of 2010 (w.e.f. 01.09.2010). Earlier (g) stood as under:
“(g) “Minority Educational Institution” means a college or
institution (other than a University) established or maintained by a person of
group of persons from amongst the minorities;”
3.
Clause (j) omitted by Act 18 of 2006, sec. 2 (w.e.f. 23.1.2006); before
omission, clause (j) stood as under:
“(j)
“Scheduled University” means a University specified in the Schedule.”
4. **
Substituted by Act 20 of 2010 (w.e.f. 01.09.2010). Earlier it was “two”
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(2) A person shall not be
qualified for appointment as a Member unless he,—
(a)
is a
member of a minority community; and
(b) is a person of eminence,
ability and integrity.
5. Term of office and
conditions of service of Chairperson and Members.—
(1) Every
Member shall hold office for a term of five years from the date on which he
assumes office.
(2) 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 Member at any time.
(3) The
Central Government shall remove a person from the office of Member 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)
in the opinion of the Central Government, has
so abused the position of Chairperson or Member as to render that person's
continuance in office detrimental to the public interest:
Provided that no person shall be removed under
this clause until that person has been given an opportunity of being heard in
the matter.
(4) A vacancy caused under sub-section(2)or
otherwise shall be filled by fresh nomination and a person so nominated shall
hold office for the unexpired period of the term for which his predecessor in
office would have held office if such vacancy had not arisen.
(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.
6. Officers and other employees of
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 Secretary, officers and other
employees appointed for the purpose of the Commission shall be such as may be
prescribed.
7. 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 Secretary,
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officers and other employees referred to in section 6, shall be
paid out of the grants referred to in sub-section (1) of section 14.
8.
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Vacancies, etc., not to
invalidate proceedings of Commission.— No act
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or proceeding of
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the
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commission shall be
questioned or shall be invalid on the
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ground merely of the existence of any vacancy
or defect in the constitution of the
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Commission.
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9.
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Procedure
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to be
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regulated by
Commission.—(1) The Commission shall
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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.
1 [CHAPTER III
RIGHTS
OF A MINORITY EDUCATIONAL INSTITUTION
10. Right to establish a
Minority Educational Institution.— *(1)
Subject to the provisions contained in any other law for the time being in
force, any person,
who desires to establish a Minority Educational Institution may
apply to the competent authority for the grant of no objection certificate for
the said purpose.”
(2) The Competent authority
shall,—
(a) on perusal of documents,
affidavits or other evidence, if any; and
(b)
after giving an opportunity of being heard to
the applicant, decide every application filed under sub-section (1) as
expeditiously as possible and grant or reject the application, as the case may
be:
Provided that where an
application is rejected, the Competent authority shall communicate the same to
the applicant.
(3) Where within a period of
ninety days from the receipt of the application under sub-section (1) for the
grant of no objection certificate,—
(a) the
Competent authority does not grant such certificate; or
(b) where an
application has been
rejected and the same has not been
communicated to the person who has applied for the grant of such
certificate, it shall be deemed that the Competent authority has granted
a no
objection certificate to the applicant.
______________________________
1. Chapter III subs. by Act
18 of 2006, sec. 3 (w.e.f. 23.1.2006); before substitution, Chapter III stood
as under:
“CHAPTER
III
RIGHT OF
A MINORITY EDUCATIONAL INSTITUTION
10. Right of
a Minority Educational
Institution to seek
affiliation to a
Scheduled University.—
(1)
Notwithstanding anything contained in any other
law for the time being in force, a Minority Educational
Institution may seek recognition as an affiliated college of a
Scheduled University of its choice.
(2) The
Scheduled University shall consult the Government of the State in which the
minority educational institution seeking affiliation under sub-section (1) is
situate and views of such Government shall be taken into consideration before
granting affiliation.”
*Further
substituted by Act 20 of 2010 (w.e.f. 01.09. 2010). Earlier it stood as under:-
“(1) Any person who desires to establish a Minority Educational
Institution may apply to the Competent authority for the grant of no objection
certificate for the said purpose.”
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(4) The applicant shall, on the grant of a no
objection certificate or where the Competent authority has deemed to have
granted the no objection certificate, be entitled to commence and proceed with
the establishment of a Minority Educational Institution in accordance with the
rules and regulations, as the case may be, laid down by or under any law for
the time being in force.
Explanation.—For the purposes of this
section,—
(a) “applicant” means any
person who makes an application under sub-section (1) for establishment of a
Minority Educational Institution;
(b)
“no
objection certificate” means a certificate stating therein, that the
Competent authority has no objection for the establishment of a
Minority Educational Institution.
10A. Right of a Minority Educational
Institution to seek affiliation.— (1) A Minority Educational Institution may
seek affiliation to any University of its choice subject to such affiliation
being permissible within the Act under which the said University is
established.
(2) Any person who is authorized in this behalf
by the Minority Educational Institution, may file an application for
affiliation under sub-section (1) to a University in the manner prescribed by
the Statute, Ordinance, rules or regulations, of the University:
Provided that such authorized person shall have
right to know the status of such application after the expiry of sixty days
from the date of filing of such application.]
CHAPTER IV
FUNCTIONS AND POWERS OF
COMMISSION
11. Functions
of Commission.—
Notwithstanding anything contained in
any other law for the time
being in force, the Commission shall—
(a) advise
the Central Government
or any State Government on any
question
relating to the education of minorities that may be referred
to it;
1 [(b) enquire, suo motu,or on a petition presented to it
by any Minority
Educational Institution, or any person on its behalf into
complaints regarding deprivation or violation of rights of minorities to
establish and administer educational institutions of their choice and any
dispute relating to affiliation to a University and report its finding to the
appropriate Government for its implementation;
(c) intervene in any
proceeding involving any deprivation or violation of the educational rights of
the minorities before a court with the leave of such court;
____________________
1. Subs. by Act 18 of 2006, sec. 4, for
“(b) look into specific complaints regarding
deprivation or violation of rights of minorities to establish and administer
educational institutions of their choice and any dispute relating affiliation
to a Scheduled University and report its findings to the Central Government for
its implementation; and
(c) to do such other acts and things as may be
necessary, incidental or conducive to the attainment of all or any of the
objects of the Commission” (w.e.f. 23.1.2006).
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Institutions Act, 2004
(d) review the safeguards provided by or under
the Constitution, or any law for the time being in force, for the protection of
educational rights of the minorities and recommend measures for their effective
implementation;
(e) specify measures to
promote and preserve the minority status and character of institutions of their
choice established by minorities;
(f)
decide all questions relating to the status of
any institution as a Minority Educational Institution and declare its status as
such;
(g)
make recommendations to the appropriate
Government for the effective, implementation of programmes and schemes relating
to the Minority Educational Institutions; and
(h)
do such
other acts and
things as may be necessary,
incidental or
conducive to the attainment of all or any of the objects of the
Commission.
12. Powers of Commission.— (1) If any dispute
arises between a minority educational institution and 1 a [***]
University relating to its affiliation to such University, the decision of the
Commission thereon shall be final.
(2) The Commission shall, for the purposes of
discharging its functions under this Act, 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) subject to the provisions of sections 123
and 124 of the Indian Evidence Act, 1872, (1 of 1872) requisitioning any public
record or document or copy of such record or document from any office;
(e)
issuing commissions for the examination of
witnesses or documents; and
(f ) any other matter which
may be prescribed.
2 [(3)
Every proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purposes of
section 196, of the Indian Penal Code (45 of 1860) and the Commission shall be
deemed to be a civil court for the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973 (2 of 1974).].
3 [12A.
Appeal against orders of the Competent authority.— (1) Any person aggrieved by
the order of refusal to grant no objection certificate under sub-section
___________________________________
1. The
word “Scheduled omitted” by Act 18 of
2006, sec. 5 (w.e.f. 23.1.2006).
2. Ins. by
Act 18 of 2006, sec. 5 (w.e.f. 23.1.2006).
3. Ins. by
Act 18 of 2006, sec. 6 (w.e.f. 23.1.2006)
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(2) of section 10 by the Competent authority for establishing a
Minority Educational Institution, may prefer an appeal against such order to
the Commission.
(2) An appeal under
sub-section (I) shall be filed within thirty days from the date of the order
referred to in sub-section (I) communicated to the applicant:
Provided that the Commission
may entertain an appeal after the expiry of the
said period
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of thirty
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days, if it is satisfied that there was sufficient cause for not
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filing it within that period.
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(3) An
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appeal to
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the Commission shall be
made in such form as
may be
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prescribed
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and shall be accompanied by a
copy of the order against which the
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appeal has been filed.
(4) The Commission, after
hearing the parties, shall pass an order as soon as may be practicable, and
give such directions as may be necessary or expedient to give effect to its
orders or to prevent abuse of its process or to secure the ends of justice.
(5) An order made by the
Commission under sub-section (4) shall be executable by the Commission as a
decree of a civil court and the provisions of the Code of Civil Procedure, 1908
(5 of 1908), so far as may be, shall apply as they apply in respect of a decree
of a civil court.
12B. Power of Commission to
decide on the minority status of an educational institution.—(1) Without
prejudice to the provisions contained in the National Commission for Minorities
Act, 1992 (19 of 1992), where an authority established by the Central
Government or any State Government, as the case may be,for grant of minority
status to any educational institution rejects the application for the grant of
such status, the aggrieved person may appeal against such order of the
authority to the Commission.
(2) An appeal under
sub-section (1) shall be preferred within thirty days from the date of the
order communicated to the applicant:
Provided that the Commission
may entertain an appeal after the expiry of the said period of thirty days, if
it is satisfied that there was sufficient cause for not filing it within that
period.
(3) An appeal to the Commission shall be made
in such form as may be prescribed and shall be accompanied by a copy of the
order against which the appeal has been filed.
(4) On receipt of the appeal under sub-section
(3), the Commission may, after giving the parties to the appeal an opportunity
of being heard, [**] decide on
the minority status of the educational institution and shall
proceed to give such direction as it may deem fit and, all such directions
shall be binding on the parties.
Explanation.— For
the purposes of this section and section 12C, “authority” means any
authority or officer or commission which is established under any law for the
time being in force or under any order of the appropriate Government, for the
purpose of granting a certificate of minority status to an educational
institution.
__________________
** the
words “and in consultation with the State Government” omitted by Act 20 of 2010
(w.e.f. 01.09.2010).
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Institutions Act, 2004
12C. Power to cancel.—The
Commission may, after giving a reasonable opportunity of being heard to a
Minority Educational Institution to which minority status has been granted by
an authority or Commission, as the case may
be,
cancel such status under the following circumstances, namely:-
(a) if the
constitution, aims and objects of the educational institution, which has
enabled it to obtain minority status has subsequently been amended in such a
way that it no longer reflects the purpose or character of a Minority
Educational Institution;
(b) if, on verification of the
records during the inspection or investigation, it
is found that the Minority Educational Institution has failed to
admit students belonging to the minority community in the institution as per
rules and prescribed percentage governing admissions during any academic year.
12D. Power of Commission to investigate matters
relating to deprivation of educational rights of minorities.— (1) The
Commission shall have the power to investigate into the complaints relating to
deprivation of the educational rights of minorities.
(2) The Commission may, for the purpose of
conducting any investigation pertaining to a complaint under this Act, utilize
the services of any officer of the Central Government or any State Government
with the concurrence of the Central Government or the State Government, as the
case may be.
(3) For the
purpose of investigation under sub-section (1), the officer whose services are
utilized may, subject to the direction and control of the Commission,-
(a) summon and enforce the
attendance of any person and examine him;
(b) require the discovery and
production of any document; and
(c) requisition any public record
or copy thereof from any office.
(4) The
officer whose services are utilized under sub-section (2) shall investigate
into any matter entrusted to it by the Commission and submit a report
thereon
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to it within such period as
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may be specified by the
Commission in this
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behalf.
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(5) The Commission shall
satisfy itself about the correctness of the facts stated
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and the
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conclusion, if any, arrived
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at in the report
submitted to it under
sub-
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section (4) and for this purpose the Commission may make such
further inquiry as it may think fit.
12E. Power of Commission to call for
information, etc.— (1) The Commission, while enquiring into the complaints of
violation or deprivation of educational rights of minorities shall call for
information or report from the Central Government or any State Government or
any other authority or organization subordinate thereto, within such time as
may be specified by it:
Provided that: —
(a) if the information or
report is not received within the time stipulated by the Commission, it may
proceed to inquire into the complaint;
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(b)
if, on receipt of information or report, the
Commission is satisfied either that no further inquiry is required, or that the
required action has been initiated or taken by the concerned Government or
authority, it may not proceed with the complaint and inform the complainant
accordingly.
(2) Where
the inquiry establishes violation or deprivation of the educational rights of
the minorities by a public servant, the Commission may recommend to the
concerned Government or authority, the initiation of disciplinary proceedings
or such other action against the concerned person or persons as may be deemed
fit.
(3) The
Commission shall send a copy of the inquiry report, together with its
recommendations to the concerned Government or authority and the concerned
Government authority shall, within a period of one month, or such further time
as the Commission may allow, forward its comments on the report, including the
action taken, or proposed to be taken thereon, to the Commission.
(4) The
Commission shall publish its inquiry report and the action taken or proposed to
be taken by the concerned Government or authority on the recommendations of the
Commission.
12F. Bar of jurisdiction.— No court (except the
Supreme Court and a High Court exercising jurisdiction under articles 226 and
227 of the Constitution) shall entertain any suit, application or other
proceedings in respect of any order made under this Chapter.]
13. Financial and administrative powers of
Chairperson.— The Chairperson shall exercise such financial and administrative
powers as may be vested in him by the rules made under this section:
Provided that the Chairperson shall have
authority to delegate such of the financial and administrative powers as he may
thinks fit to any Member or Secretary or any other officer of the Commission
subject to the condition that such Member or Secretary or officer shall, while
exercising such delegated powers, continue to act under the direction, control
and supervision of the Chairperson.
CHAPTER V
FINANCE, ACCOUNTS AND AUDIT
14. Grants by 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 utilized for the purposes of this Act.
(2) The Commission may spend
such sums of money 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).
15. 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.
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Institutions Act, 2004
(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.
16. 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.
17. 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 advice
tendered by the Commission under section 11 and the reasons for the
non-acceptance, if any, of any such advice, and the audit report
to be laid as soon as may be
after they are received before each House of Parliament.
CHAPTER VI
MISCELLANEOUS
18. 1 [***]
19. Chairperson,
Members, Secretary, employees, etc., of Commission to be public servants.— The
Chairperson, Members, Secretary, officers and other 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).
20. Directions
by Central Government.—(1) In the discharge of its functions under this Act,
the Commission shall be guided by such direction on questions of policy
relating to national purposes, as may be given to it by the Central Government.
(2) If any dispute arises
between the Central Government and the Commission
as to whether a question is or is not a question of policy relating
to national purposes, the decision of the Central Government shall be final.
21. Protection of
action
|
taken
|
in good
faith.— No suit,
prosecution or
|
other legal
proceeding shall
|
lie
|
against the Central Government, Commission,
|
______________________
|
1. Section 18 omitted by Act of 2006, sec. 7 (w.e.f. 23-1-2006);
before omission, section 18 stood as under:
“18. Power to amend
Schedule.—(1) The Central Government if deems it fit may, by notification in
the Official Gazette, amend the Schedule by including therein any other
University or omitting therefrom any University already specified therein and
on the publication of such notification, such University shall be deemed to be
included in or, as the case may be, omitted from the Schedule.
2. Every notification issued
under sub-section (1), shall be laid before each House of Parliament.”.
- 14 -
The
National Commission for Minority Educational
|
|
Institutions Act, 2004
|
Chairperson,
Members, Secretary or any officer or other employee of the Commission for
anything which is in good faith done or intended to be done under this Act.
22. Act to have overriding
effect.—The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in any other law for the time being in force
or in any instrument having effect by virtue of any law other than this Act.
23.
Returns or information.— The Commission shall
furnish to the Central Government such returns or other information with
respect to its activities as the Central Government may, from time to time,
require.
24.
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) the salaries and
allowances payable to, and the other terms and conditions of the service of,
the Chairperson and Members under sub-section (5) of section 5
and of the Secretary,
officers and other employees under sub-section (2) of section 6; 1 [(aa)
the forms in which appeal under sub-section (3) of the section 12A and
sub-section
(3) of section 12B shall be made;]
(b) the
financial and administrative powers to be exercised by the Chairperson under
section 13;
(c)
the form in which the annual statement of
accounts shall be prepared under sub-section (1) of section 15;
(d) the form
in, and the time at, which the annual report shall be prepared under section
16;
(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.
|
||
25. 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:
___________________________
1. Ins. By Act 18 of 2006, sec. 8 (w.e.f. 23.1.2006)
- 15 -
Institutions Act, 2004
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.
26. Repeal and saving.— (1) The National
Commission for Minority Educational Institutions Ordinance, 2004 (Ord. 6 of
2004) is hereby repealed.
(2) Notwithstanding the repeal
of the said Ordinance, anything done or any action taken under the said
Ordinance shall be deemed to have been done or taken under the corresponding
provisions of this Act.
THE SCHEDULE
1 [***]
______________
1.The Schedule omitted by Act 18 of 2006, sec. 9 (w.e.f.
23.1.2006); before omission, the Schedule stood as under:
“THE SCHEDULE
[See section 2(j)]
Sl. No. Name of the
University
1. University of Delhi
2. North-Eastern Hill University
3. Pondicherry University
4. Assam University
5. Nagaland University
6. Mizoram University.”
- 16 -
INTRODUCTION
The long felt demand of the
Minority communities to establish a Commission
for Minority
Educational Institutions that
|
will provide
direct
|
affiliation for
|
|||||
minority
|
professional
|
institutions
|
to Central Universities,
was underscored in a
|
||||
series of
|
meetings held
|
by the
Ministry of
|
Human Resource Development with
|
||||
educationist,
|
eminent
|
citizens and
|
community leaders associated
|
with minority
|
|||
education.
|
In
|
a meeting
|
of the
|
National
|
Monitoring Committee for
Minority
|
||
Education
held in August, 2004 similar views were voiced by many experts. In view
of the
commitment of the
Government in the
National Common Minimum
Programme, the
|
issue of
|
setting up of
a National Commission was a
matter of
|
utmost urgency.
|
In view
|
of the considerable preparatory work that would be
|
involved to make the National Commission's functioning effective on
and from the next academic session, recourse was taken to create the National
Commission through the promulgation of the National Commission for Minority
Educational
Institutions
|
Ordinance,
|
2004.
|
To
|
replace
|
the said
Ordinance by an Act of
|
|||
Parliament
the
|
National
Commission
|
for
Minority Educational Institutions Bill
|
||||||
was introduced in the Parliament.
|
||||||||
STATEMENT
OF OBJECTS AND REASONS
|
||||||||
In one of the Sections of
the National Common Minimum Programme, there
|
||||||||
is
|
a provision
|
to
|
establish a Commission
|
for Minority Educational
Institutions
|
||||
(hereinafter
|
referred to as the
|
National Commission) that will provide direct
|
||||||
affiliation
for minority professional institutions to Central Universities. This long
|
||||||||
felt
|
demand
|
of
|
the
|
Minority
|
communities was also
underscored in a series of
|
|||
meetings held by the Ministry of Human Resource Development with
educationists, eminent citizens and community leaders associated with Minority
education. Among the various issues raised by the representatives of the
Minority communities was the difficulty faced by them in establishing and
running their own educational institutions, despite the Constitutional
guarantees accorded to them in this regard. The major problem was the issue of
securing affiliation to a university of their choice. The territorial
jurisdiction of the State Universities, and the concentration of minority
populations in some specific areas invariably meant that the institutions could
not avail the opportunity of affiliation with the universities of their choice.
2. Subsequently, in a meeting of the National
Monitoring Committee for Minority Education held on August 27, 2004, similar
views were voiced by many experts. Participants from the various minority
communities affirmed the need to provide access to such affiliation in view of
the often restrictive conditions imposed by the existing statutes of the
Universities, relating to the affiliation of such institutions. They felt that
these conditions affected the rights granted to them on
- 17 -
S.No
|
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)
|
1.
|
Organize, communicate, and raise awareness on Anti corruption
laws to your target people.
|
2.
|
Identify the victims and witnesses of corruption in your
working area
|
3.
|
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
|
4.
|
Contact for such issues with an affidavit and we will make the
difference
|
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.
|
MANISHANKAR
CEO-Anti-Corruption
And Human Rights Movement®-Chennai
Email: anticorruption.org2007@gmail.com.
Mobile:91 9087856137
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