Uttarakhand act 009 of 2002 : Uttaranchal Commission for Minorities Act, 2002

Section 1. Short title, extent and commencement

Chapter-I - Preliminary

CHAPTER-I

Preliminary

1. Short title, extent and commencement.- (1) This Act may be called the Uttaranchal Commission for Minorities Act, 2002.

(2) It shall extend to the whole of Uttaranchal.

(3) It shall come into force on such date as the Government may, by notification, publish in this behalf.

Section 2. Definitions

2. Definitions.- In this Act unless a contrary intention appears from the context

(a) "Commission" means the Uttaranchal Commission for Minorities constituted under section 3;

(b) "Government" means Government of Uttaranchal;

(c) "Member" means a Member of the Commission and includes the Chairman of the Commission;

(d) "Minority" for the purposes of this Act, means a community notified as such by the Government,

Section 3. Constitution of the Uttaranchal Commission for Minorities

Chapter-II - The Commission

CHAPTER-II

THE COMMISSION

3. Constitution of the Uttaranchal Commission for Minorities.- (1) The Government shall constitute a body to be known as the Uttaranchal Commission for minorities to exercise the powers conferred on, and to perform the junctions assigned to it under this Act;

(2) The Commission shall consist of a Chairman and two Members to be nominated by the Government from amongst persons of eminence, ability and integrity including a woman;

Chairman shall be from amongst the minority Communities,

Section 4. Term of office and conditions of service of Chairman and Members

4. Term of office and conditions of service of Chairman and Members.- (1) The Chairman and every Member shall hold office for a term of three years from the date he assumes office.

(2) The Chairman or a Member may, by writing under his hand addressed to the Government, resign from the office of the Chairman or, as the case may be, of the Member at any time.

(3) The Government shall remove a person from the office of the" Chairman 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 Government, involves moral turpitude;

(c) becomes of unsound mind and stands so declared by a competent Courts;

(d) refuses to act or becomes incapable of acting;

(e) is, without obtaining leave of absence from the Commission absents from three consecution meeting of the Commission or;

(f) has, in the opinion of the Government, so abused the position of the Chairman 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 Chairman and Members shall be such as may be prescribed.

Section 5. Officers and other employees of the Commission

5. Officers and other employees of the Commission.- (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 services of the officers and other employees appointed for the purpose of the Commission shall be such us may be prescribed.

Section 6. Salaries and allowances to be paid out of grant

6. Salaries and allowances to be paid out of grant.- The salaries and allowances payable to the Chairman, Members and the administrative expenses, including salaries allowances and pension payable in the officers and older employees referred to in section 5, shall be paid out ??? the grants referred to in sub-section (1) of section 10.

Section 7. Vacancies etc. not to invalidate proceeding of the Commission

7. Vacancies etc. not to invalidate proceeding 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.

Section 8. Procedure to be regulated

8. Procedure to be regulated.- (1) The Commission shall meet as and when necessary at such time and place as the Chairman 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 Commission duly authorized by the Secretary in this behalf.

Section 9. Functions of the Commission

Chapter-III - Functions of the Commission

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 in Uttaranchal;

(b) monitor the working of the safeguards in respect of minorities provided in the Constitution and in laws enacted by the State Legislature;

(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Government;

(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 Government;

(h) make periodical or special reports to the Government on any matter pertaining to minorities and in particular difficulties confronted by them; and

(i) any other mailer which may be referred to it by the. Government.

(2) The Government shall cause the recommendations referred to in clause (c) of sun-section (1) to be laid before the State Legislature along with a memorandum explaining the action taken or proposed to be taken on the recommendations and the reason for the non-acceptance if any of such recommendations.

(3) The Commission shall, while performing any of the functions mentioned in 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 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 or the examination of witnesses and documents; and,

(f) any other matter which may be prescribed.

Section 10. Grant by the Government

Chapter-IV - Finance, Accounts and Audits

CHAPTER-IV

Finance, Accounts and Audits

10. Grant by the Government.- (1) The Government shall, after due appropriation made by [he State Legislature by law in this behalf pay to the Commission by way of grants such sums of money as the government may think fit for being utilized for the purpose 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 or the grants referred to in sub-section (1).

Section 11. Accounts and audit

11. Accounts and audit.- (1) The Commission shall maintain proper accounts and other relevant records and shall cause to be prepared an annual statement of accounts in such form as may be specified by the Government by general or special order in this behalf.

(2) A copy of the annual statement of accounts and the balance sheet shall be submitted to the Government which shall cause the same to be audited.

Section 12. Annual Report

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 State Government.

Section 13. Annual Report and audit report to be laid before State Legislature

13. Annual Report and audit report to be laid before State Legislature.- The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained there in and the reason for the non-acceptance if any of such recommendations and the audit report to be laid as soon as possible after the reports are received before the State Legislature.

Section 14. Chairman, Members and Staff of the Commission to be public servant

Chapter-V - Miscellaneous

CHAPTER-V

Miscellaneous

14. Chairman, Members and Staff of the Commission to be public servant.- The Chairman, Members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code 1860.

Section 15. Penalty

15. Penalty.- Whoever, being legally bound to obey any order or direction of the Commission under sub-section (3) of section 9, disobeys such order or direction shall be punishable under sections 174, 175, 176, 178, 179 or 180 of the Indian Penal Code, 1860 (Act XLV of 1860) as the case may be.

Section 16. Cognizance of Offences

16. Cognizance of Offences.- No Court shall take cognizance of the offences specified in section 15 except on the Complaint in writing of the Chairman or a Member or of an Officer of the Commission authorised in this behalf by the Commission.

Section 17. Power to make rules

17. Power to make rules.- (1) The Government may by notification make rules for carrying out the purposes 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 is and the other terms and conditions of service of the Chairman 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 (3) of section 9;

(c) the form in while 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.

Section 18. Power to remove difficulties

18. Power to remove difficulties.- (1) If any difficulty arises in giving effect to the provisions of this Act the Government may by a notified order make such provisions not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty.

(2) No order under sub-section (1) shall be made after the expiration of the period of two years from the Commencement of this Act.

(3) Every order made under sub-section (1) shall be laid as soon as may be before the State Legislature and the provisions of sub-section (1) of section 23-A of Uttar Pradesh General Clauses Act, 1904 shall apply as they apply in respect of rules made by the Government under any Uttaranchal Act.

Section 19. Repeal of U.P. Act No. 22 of 1994

19. Repeal of U.P. Act No. 22 of 1994.- The Uttar Pradesh Commission for Minorities Act, 1994 is hereby repealed in Uttaranchal after the publication under sub-section (3) of section 1 of notification of this Act.

Requirement of Staff for the Minority Commission

Note:- Arrangement of Sweeper and Security will be done on contact basis.

Financial requirement for Minority Commission

(Amount in Laks)