Assam act 020 of 2003 : Assam State Commission for Minorities Act, 2003

938 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 200t ASSAM ACT NO. XX OF 2003 . /

(Received the assent of the Governor on 8th May, 2003)

THE ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003

AN

Preamble Short title, extent and commence- ment.

ACT

to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto. Whereas, it is expedient to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto,

It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-

1. ( 1) This Act may be called the Assam State Commission for Minorities Act. 2003 .

(2) It extends to the whole of Assam.

(3) It shall come into lorce on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. 2. In this Act. unless the context otherwise requires :

(a) "'Commissions" means the Assam State Commission for Minorities constituted under section 3 ;

(b) ''State Government" means the Government of Assam ;

(c) "Member" means a Member of the Commission; ( d) "Minority" for the purpose of this Act, means the persons belonging to Religious as well as Linguistic Minorities, residing in the State of Assam; who are otherwise eligible to be considered and declared by the State Govt. as Minorities mentioned in Article 30 of the constitution of India;

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

Constitution 3. ( 1) The State Government shall constitute a body to be known of the Assam as the Assam State Commission for Minorities to exercise State

Commission the powers con !erred on, and to perform the functions for Minorities. assigned to under this Act.

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r:· HE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 939 Term of

office and

conditions

of scr\'icc of

Chairperson

and

Members.

(2) The Commission shall consist of a Chairperson and two members to be nominated by the State Government from amongst persons of eminence, ability and integrity and they shall be from amongst the Minorities Communities.

4. ( 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 State Government, resign from the office of the Chairperson or, as the case may be, of the Member at any time.

(3) The State Government shall remove a person from the office of Chairperson or a Member referred to in sub- section (2) if that person -

(a) become an undischarged insolvent;

(b) is convicted and sententenced to imprisoment for an offence which, in the opinion of the State Government, involves moral turpitude;

(c) becomes 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;

(f) has, in the opinion of the State Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of Minorities of public interest:

Provided that no person shall be removed under this clause until he 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 up by fresh nomination.

(5) The salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and Member, shall be such as may be prescribed.

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940 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 !.!- Officers and

other

employees

of the

Commission.

Salaries and

allowances

to be paid

out of

grants.

Vacancies

etc. not to

invalidate

proceedings

of the

Commission.

5. ( 1) The State 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 .

(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 he such as may be prescribed.

6. The salaries and allowances payable to the Chairperson and Member and the administrative expenses, including salaries and allowances payable to the officers and other employees, shall be paid out of the grants referred to in sub-section (1) of Section 10.

7. No act or proceedings 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 8 . ( 1) The headquarter of the Commission shall be at Guwahati. be regulated

by the (2) The Commission shall regulate its own procedure. Commission.

Function of

th e

Commission.

(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.

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

(a) evaluate the progress of the development of Minorities under the State ;

(b) Monitor the working of the safeguards provided in the Constitution and in Jaws enacted by the Parliament and the State Lagislature ;

'(c) Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the State Government;

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v' J'HE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 941

(d) look into specific complaints regrding deprivation of rights and safeguards of the Minorities and takeup such matters with appropriate authorities under the control of the State Government ;

(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 State Government ;

(h) make periodical or special reports to the State Government on any matter pertaining to minorities and in particular difficulties faced by them ; and ( i) any other matter which may be referred to it by the State Government ;

(2) The Commission shall, while performing any of the functions mentioned in sub-clauses (a) 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 any enforcing the attendance of any person from any pa11 of the State 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 office;

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

(f) any other matter which may be prescribed.

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942 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 ,)

Grants by

State

Government.

Accounts

and audit.

Annual

Report.

(3) The advice of the Commission and, especially, the findings of the Commission concerning deprivation of any right of the Minorities or any infringement of any well-being of the Minority by omission or commission, shall ordinarily be binding upon the State Government. I 0. ( 1) The State Government, shall after the appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the State 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 perfonning 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. (I) The commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such forn1 as may be prescribed by the State Government in consultation with the Accountant General, Assam.

(2) The Accountant 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 authority in connection with such audit as the Accountant 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 paper and to inspect any of the offices of the Commission.

12~ The Commission shall prepare, in such fom1 and by such date for each financial year, as may be prescribed, its annual report giving a full accounts of its activities during the previous financial year and forward a copy thereof to the State Government.

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,.

THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 943

Annual

l{epor·t to

he laid before

the Asscmbl~· -

Chairperson,

l\1c ,nber and

staff to be

public

serYants.

PoH er to

make rules ..

13. The State Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, and the reasons for the non-acceptance, i r any, such recommendations and the audit report to be laid as soon as may be after the report is received, before the Legislative Assembly.

14. The Chairperson, Member and employees of the Commission shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.

15 . (I) The State Government may by notification in the Official Gazette, make rules for earring out the provisions of this Act.

(2) 1n particular and without prejustice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely :-

(a) Salaries and allowances payable to , and other tenns and conditions of services of the Chairperson and Members under sub- section (5) of section 4 and other officers and employees under sub-section (2) of section 5 ;

(b) any other matter under clause (f) of sub- section (2) of Section 9;

(c) the form in which the accounts shall be maintained and the annual statement of accounts shall be prepared under sub- section (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 may be prescribed.

Central Act.

45 of 1860.

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944 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 200:

Power to

remove

difficulties.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is also laid or the sessions immediately following the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified fo1111 or he of no effect, as the case may be, so however, that an y s uch modification or annulm~nt sha ll be \\'ithout prejudice to the va lidity of the anything previously done under that rule.

16. (1) If any difficulty arises in giving effect to the provision of this Act. the State Government may, by order published in the Official Gazette, make such proYisions. not inconsistent with the provisions of this Act, as appears to it to be necessary or expedient lor n:mo\·ing the difficulty:

Provided that no such order shall be made after the expiry of a period or two years from the date of commencement of this Act.

(2) E\·cry order made under this section shall. as soon as may be after it is made, be laid before the State Legi s lature.

ARVIND DAVE

GOVERNOR OF ASSAM .

K. D. PHUKAN,

Secretary to the Govt. of Assam , Legislative Department. -----------~- -- - ·- - - ·- - ---

(i l i WAH /\Tl- Prinll'd & l'uhli shcd hy the Dy. Director (P&S). Direc torate uf Ptg. & Sty .. Assam. ( luwahati -21 (Ex-( iazctte) No . 203-500-600-9-5-2003.

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