Madhya Pradesh act 015 of 1996 : The Madhya Pradesh Rajya Alpsankhyak Ayog Adhiniyam 1996

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'

NO. 15 OF 1996

THE MADHYA PRADESH RAJYAALPASANKHAYAKAYOG

ADHINIYAM, 1996.

TABLE OF CONTENTS

Section:

CHAPTER ^{- I}PRELIMINARY

1.

Short

title,

extent and commencement.

2.

Definitions. CHAPTER^{II • THE}MADHYA

PRADESHSTATECOMMISSIONFOR MINORITIES

3. Constitution of the

Madhya

Pradesh

State

Commission for Minorities.

4.

Terms

of Office and conditions of

service

of

Chairperson

and

Members.

5. Officers and other

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 111- FUNCTION OF THE

COMMISSION

9.

Function of the Commission. CHAPTER IV •

FINANCE. ACCOUNTS

AND AUDIT

10. Grants

by

the

State

Government.

11. Accounts

and Audit.

12. Annual

Report.

13. Annual

Report

to

be laid

before the

Assembly. CHAPTER ^{V -}

MISCELLANEOUS.

14.

Chairperson,

Members and Staff of the

Commission to be

public

servants.

15.

Power to

make rules.

16.

Power to remove difficulties.

9

MADHYAPRADESH ACT

\^ThisActmaycalled ^the

Madhya

Pradesh

Rajya Alpsankhyak ^Ayog

Adhiniyam,

1996.

(2) ^Itextends ^tothewhole^of

Madhya

Pradesh.

(3) ^Itshall^comeintoforce^{onsuch dateasthe}State Government

may, by

notification

in the official

Gazette, appoint.

2. In this

Act,

unless

the

context otherwise

requires:-

(a)

"Commission" means^the

Madhya

Pradesh State ^Com- mission for Minorities constituted

under Section

3; (b)

"Member" means ^aMember^{of the}

Commission;

(c) "Minority" ^forthe

purpose ^ofthisAct.'

means+

(1) ^A

community

notified^assuch

by ^theCentral Government ^{for the}

purpose

of the National ^Com- mission ^forminorities

Act, ¹⁹⁹²

(No. ¹⁹of

1992).

(2) ^A

community

notified^assuch

by ^theState ^Gov- ernment.

Definitions. extent and

commence-

ment

Short

title

NO. 15^OF1996

THE MADHYAPRADESHRAlYAALPASANKHAYAKAYOG

ADHINIYAM, 1996.

( Received ^theassent^ofthe

president ^ofthe26the

September, ¹⁹⁹⁶assent first

published

in the

"Madhya

Pradesh Gazette

(Extra-ordinary)"

dated the 1st

October, 1996.) An ^Acttoconstitute^aState Commission

for Minorities and ^to

provide

for matter connected therewith of incidental

thereto. ·

Be ^itenacted

by

the

Madhya

Pradesh

State

Legislature

in the

fortyseventh year ^ofthe

Republic

of

India^astollows:-

CHAPTER ^{- I}PRELIMINARY

1.

(1} mission for Minorities Constitution of the

Madhya

Pradesh

State ^Com- *

**

CHAPTER ^{- IITHE}MADHYA PRADESH

STATE COMMISSION ^FORMINORITIES

3.

(1)

The State Government shall constitute^a

body

to be known as^the

Madhya

Pradesh State Commission

for Minorities ^toexercise the power conferred^{onand to} perform ^thefunction

assigned ^toit

under ^thisAct.

(2) ^TheCommission shall consist ^ofa

Chairpoerson ^and Four members ^tobe nominated

by ^theState

Govern- ment from

amongst

persons

of

eminece, ability

and integrity: ^**

(C) ^of

section ^2hasbeenamended ^{by the}

Madhya

Pradesh

Rajya Alpsankhyak

Ayog (Sansodhan)

Adhiniyam ^{2001 (no. of}

2001)

Published ^inthe

Madhya

Pradesh Gazette (Extraordinoary)

Dated^17th

April, ²⁰⁰¹ Sub section 2 of section 3 has ^beenamended

by ^the

Madhya

Pradesh

Rajya Alpsankhyak ^Ayog(Sansodhan)

Adhiniyam ^{2002 (no. of4of}

2003).

Published ⁱⁿ the

Madhya

Pradesh

Gazette

(Extraordinoary)

Dated ^31st

January, ²⁰⁰³

10

the

Chairperson

and one member shall

be from

amongst

the

minority

communities.

4.

(1)

The

Chairperson

and

every

member

shall hold

Terms of office for a term of

three years from

the date

he office and assumes

charg.

conditions of

(2) ^The

Chairperson ^oraMember may, ^be

writing

under service^of his hand

addressed to the

State

Government, Chairperson resign ^fromtheoffice^ofChair person

or, ^asthe and

Members. case

may be,

of the Member at

any time.

(3) ^The

State

Government shall remove a

person ^from j the office of

Chairperson

or a Member referred to in sub-section

(2)

if

that person:-

(a)

becomes^an

undicharged

insolvent;

(b) ^is

convicted^andsentence^to

imprisonment ^for an offence

which,

in the

opinion

of

the State Government,

involve moral

turpitude; (c)

becomes^of

unsound^mindandstands so declared

by

a

competent

court; (d)

refuses^toactor becomes

incapable ^of

acting;

(e) ^is,

without

obtaining

leave^of

absence^from the

Commission,

absent from three consecu- tive

meetings

of the

Commission;

or

(f) ^{has, in the}

opinion ^{of the}State Government so abused the

position

of

Chairperson

or Member as to render that

person's

continu- ?

ance in office detrimental to

the

interests of minorities of the

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 other- wise shall

be filled

by

fresh nomination.

11

employ- ees of the Commission Salaries and allowances to be

paid

out of grants. Vacancies, etc, not to

invali- date

proceed- ings ^{of the} Commission. Procedure to be

requlated by ^{the Com-} mission

Functions of the

Com- mission.

(5) ^Thesalaries^and

allowances

payable to,

and the other terms

and

conditions of service of

the

Chair- person and members shall be

such^as

may be prescribed.

5. The

State Government shall

provide

the

Commission with a

secretary

and

such

other officers and

employees

as may ^be

necessary

of the efficient

performance

of the functions of the

Commission under

this Act.

6. The salaries

and

allowances

payable

to the

Chairperson and

Members and the

Administrative expenses,

including salaries and

allowances

payable

to

the officers and other employees

shall^be

paid ^outofthe

grants

referred^to

the sub-section

(1)

of Section 10.

7. No act or

proceeding

of the

Commission shall be

ques- tioned or shall be invalid

merely

on the

ground

of the existence of

any

vacancy

or defect in

the

Constitution.

8.

(1)

The

headquarters

of the Commission shall

be at Bhopal.

(2) ^The

Commission shall

regulate ^itsown

procedure.

(3) ^Allorders^and

dicisions^ofthe

Commission shall be authenticated

by

the

Secretary

or

any

other officer of

the Commission

duly

authorised

by

the

Secretary in this

behalf. CHAPTER Ill-

FUNCTION OFTHE

COMMISSION

9.

(1)

The

Commission shall

perform

all or

any

of

the following

functions,

namely:-

(a)

Evaluate^theprogress ^ofthe

development

of minorities under the

state; (b)

Monitor^the

working ^{of the}

safeguards

provided in

the

Constitution and

in

laws enacted

by

the Parliament and the

State

Legislature;

(c) ^Make

recommendations ^forthe

effective

imple-

12

safeguards

for the

protection

of the

interests of

minorities

by

the

State Gov- ernment.

(d) ^Lookinto

specific complaints

regarding dep- rivation of

rights

and

safeguards

of

the minorities and

takeup

such matters

with apropriate

authorities under the control of the State

Government. (e)

Cause studies to

be undertaken into

prob- lems

arising

out of

any discrimination

against minorities and

recommend measures for their removal;

'(f)

Conduct

studies,

research

and

analysis

on the

issue

relating

to

socioeconomic and educational

development

of

minorities; (g)

Suggest appropriate measures in

respect

of any minority ^tobe undertaken

by

the

State Government;

(h) ^Make

periodical or

special reports

to

the State

Government; (i)

Any

other matter

which may

be

referred to it by ^the

State

Government; Provided that if any recommentation made

by

the

Commis- sion is

repugnant

to

the recommendation made

by

the

National

Commission for Minori- ties on

any

matter

relating

to

the

State of Madhya

Pradesh^thenrecommendation made by ^the

State

Commission shall

prevail.

(2) ^Thecommission

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 ^asuitandin

particular,

in

respect

of

the following matters,

namely:-

(a)

Summoning

and

enforcing

the

attendance of

13

any part

of the State and examining ^himon

oath;

(b) Requring ^the

discovery ^and

production ^ofany document;

(c) Receving

evidence^onaffidavits'

(d) Requisitioning^anypublic

record^{or copy}therof from any office;

(e) issuing

commission ^forexamination ^ofwit- /.•,

nesses and

documents;

and ^"J

(f) Any

other matter which ^{may be}

prescribed. CHAPTER ^IV-FINANCE ACCOUNTS

AND AUDIT

10.

(1) ^TheState

Government,

shall

after due

appropriation made

by

the State

Legistature by

law in

this

behalf, pay ^tothecommission

by way of

grants

such^sums of

money

as State

Government may think fit for being

utilised ^forthe

purpose ^ofthisAct.

(2) ^TheCommission^mayspend ^{suchsums asit}thinks fit for

performing

the

function under this

Act,

and such sums shall ^betreated^as

expenditure payble out of the

grants

referred ^toinsubsection

(1 ).

11.

(1)

The Commission

shall maintain

proper

accounts and other relevant records and prepare ^anannual state- ment of account in

such form^as

may

be

presecibed by ^theState Governmentⁱⁿconsultation ^withthe Accountant

General, Madhya

Pradesh.

(2) ^TheAccount^{of the}Commission

shall ^beaudited

by the

Accountant General ^atsuch intervals^as

may ^be specified by ^{him and any}expenditure ⁱⁿconnection with such

audit shall be

payable

by

the Commission to the Accountant General.

(3) ^TheAccountant General^andanyperson appointed by ^{him in}connection ^{with the}audit ^oftheaccounts Accounts

and

Audit.

Grants

by the State Government

14

the Commission under this

Act shall have the same

rights

and

privileges

and

authority

in connec- tion with

such audit as the

Accountant

General generally ^has

connection^withthe

audit^ofGovern- ment accounts

and,

in

particular,

shall

have the

right to demand the

production

of

books, accounts, connected

vouchers and

other documents and

pa- pers and^to

inspect any

of the offices of the Commission.

12. The Commission

shall prepare,

in such

form and

by

such date 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 therof to the

State Government.

13. The

State

Government shall cause the annual

report. together ^withamemorandum^ofaction

taken on^the recommendations

contained

therein,

and the reasons for the

non-acceptence,

if

any

of such

recommendations and the

audit

report

to be Laid as soon

as

may be after the report ^is

received,

before^the

Lagislative

Assembly.

14. The

Chairperson,

Members and

employees

of

the Com- mission

shall

be deemed to be

public

sevants within the meaning ^ofSection^{21 ofthe}Indian Penal ^Code

.

15.

(1)

The State Government may, be

notlticatlon

in

the Official

Gazette,

make

ruls for

carrying

out the provisions ^{of thisAct.}

(2) ^In

Particular, ^andwithout

prejudice ^tothe

generality of the

foregoing powers, such

rules may provide

for all or

any

of

the

following

matter,

namely:-

(a)

Salaries^andallowances

payable ^toandthe other terms and conditions of service of

the Chairperson ^and

Members under sub-section

15

Annual Report Annual

Report to be

laid before

the Assembly Chairperson, Memoers and Staff of the Commission to public

servants. Power to make Rules.

(5) ^of

Section

4;

(b) any other matter under clause

(f) ^ofsub-section

(2) ^ofsection ^9;

(o) ^{Theform in}

which^theaccount shall^bemain- tained and

the annual statement of account shall

be

prepared

under

sub-section

(1).

of Section

11;

(d) ^{Theforminandthedate}

by

which^theannual report

shall^be

prepared

under section ^12;

(e) Any

other matter which^is

required ^tobeor

may be

prescribed.

(3)

Every ^rulemadeunder^thisActshall^belaidassoon as

may be after is made before the

legislative Assembly.

16. If any difficulty

arises in

giving

effect to the

provisons

of this Act the State Government may, by

order

published in

the Official

Gazette,

Make such

provlstons,

mat inconsistent ^withthe

provisions ^of

the ^Actas

appear

to it to be

necessary

or

expedient

for

removing

the

difficulty.

16

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21

YOGA, BHOPAL

No.MPRAA/2/97/1323

BHOPAL, Dated 19.3.97 In

exercise of the powers conferred

by

Section

A,

sub-

Section 2

of the Madhya

Pradesh

Rajaya

AlpasankhayakAyog Adhiniyam,

1996

(No.

15

of

1996),

The

Madhya

Pradesh

Rajya

Alpsankhayak Ayog

(Madhya Pradesh

State

Minorities

Commission) hereby

frames the

following regulations,nalely

:

I. Short title

and commencement (i)

These

regulationsmay be called the

Madhya

Pradesh Minorities Commission

(Procedure)Regulation, 1996. (ii)

These

regulations

will come into force with effect

from the 31st

day

of

March,

1997.

2.

Definitions ( a)

'Act' means the

Madhya

Pradesh

Rajaya

Alpasankhayak AyogAdhiniyam,

1996.

(b)

'Chairman' means the

Chairman of the

Madhya

Pradesh Rajaya

Alpasankhayak Ayog (^c)

'Member' means a Member of the

Madhya

Pradesh

Rajaya AlpasankhayakAyog. (d)

'Secretary'

means the

Secretary

of

the

Madhya

Pradesh Raja.ya AlpasankhayakAyog. ( e)

'Commission' means the

Madhya

Pradesh

Rajaya AlpasankhayakAyog . (f)

Government means the

Government of

Madhya

Pradesh Bhopal.

3.

Head

Quarters

of the

Commission The Heas

Quarters

of the

Commission Shall be

E-Block,

Old Secretariat,

Bhopal-462001

4.

Place of

Meeting The commission shall

normally

meets at its

headquarters at

Bhopal and

its

sitting will be held in the

office of the

Commission. How ever the Commission at its discretion may sit at

any other

place

in

Madhya Pradesh

provided

if considers it

nescessary

and

expedient

to do so

Periodicity

of

meeting

(a) ^The

Commission shall

ordinarlly

hold at

least one

meeting every month^onadate

other^thana

holiday.

The date^of

the meeting

shall ^befixed

by ^theChairman at least a week

prior

to the date

of

meeting.

The Chairman may

at his own volition or on a

requisition

made

by

a member or members direct the convening ^ofa

meeting ^toconsider any specific

matter.

(b) ^Thequorum^forthe

me?ting shall

comprise

the Chariman and at least one member.

6.

Agenda

(a) ^The

Secretary ^ofthe

Commission in

sonsultation with the Chairman shall draw up the

Agenda

for each

meeting

and

have a note

prepared which, as

posible

shall

be self contained. Files connected

with

the items on the

Agenda

shall be made avail able to the

Commission for

ready

reference.

Normally

the agenda ^{and thenoteofthe}

Secretary

shall

be circulated to the Chairman and

the Member's at least two

days

before the date of the

meeting. However,

the

meeting may consider any other matter not included in the

agenda

with the

permission

of the Chairman.

(b) ^Whenthe

Commission convenes to hear any

case a cause 1ist shall be

prepared

and

exhibited at the

place

of

sitting.

(c) However, ^the

Commission shall not consider matter which is :

(i)

Subjudice ⁱⁿany

court of Law:

(ii)

Vague, anonymous

or

pseudonymous

:

(iii)

Frivolous or outside the

purview

of the Commission.

7.

No

fees shall be

chargeable on

any representation

or case filed before the

Commission.

8.

Ordinarily

a

representation

or

case will be

presented

to the

Comm is sion in

writing. However,

in own discretion the Commission may accept ^a

representation

or

case sent to it

by

telegram

or fax.

23

The

Commission shal I

have the

right

to

dismiss any

representation or case in

lirnline.

10. The

Chairman, may whenever he

deems proper forward to the Government or

officers concerned of

the

Government for

their comments

any

representation or case and mae his

recommendations after due

consideration of

such comments.

11.

When the

Commission sits to

hear any

case

copies

of

documents connected

with

the case

shall be made available to

any applicant on payment offees to be

prescribed

by

the

commission.

12.

The

Chairman or with the sonsentof the

Chairman any Member may make a

spot

inspectionto

study any

matter

and

where such a

studyis

undertaken,a brief report shall be

prepared

for the

consideration of the

Commission. The

Commission may forward such a

report

to the

Government, ifit

considers it

necessary

to do so.

13.

Minutes of

the

meeting

(a) ^The

Minutes of each

meeting

of the

Commission shall be recorded

by

the

Secretaryor

any officer

authorised

by

the Secretary immediatelyafter the

meeting.

Such minutes shall be submitted to the

Chairman for his

approval

and a

upon approval ^be

circulated to

members of the

Commission and forwarded to the

Govenment,

14.

Followupaction Follow up action on the

minutes of the

meeting shall be

taken as directed

by

the

Chairman and a

report

on it

shall be

placed

at the next

meeting

of the

Commission

by

the

Secretary.

15.

Annual report For each y

ear

beginningon 1st

April

and

ending on 31st

March,the

Commission shall prepare

annual

report

which shall contain an accounts

of the

work done

by

the

conm1issionrecommendedactions made to

the

Government and

importanr correspondences.

The original copy of the report shall be

signed by

the

Chairman and Members and

the

Secretary

shall present it to the

Govenment

· to

gather

with

his brief com

ments not

later then the month of

May

24

Special report However, ^the

Commission may^sendto^the

Government any Special report ^on

any specific subject

ofimportance ^at

any^time

during

the year. Such^a

report,

after

being signed by

the

Chairman shal I be forwarded to the Govenunent

by

the

Secretary of the

Commission.

17.

Printing

of the annual

report The

Secretary

of the

Commission shall be

responsible

for the expeditious printing ^oftheannual

report ^{and the}

special report

and shall ensure their

printing

as

early

as

possible.

(M.A.KHAN)

SECRETARY

Madhya

Pradesh State Minorities Commission

Bhopal No.

MPRAA/2/97/1324 In

pursuance ofpart

III of Article

348 of the

Constitution of'Indiu an

English translation of the

MadhyaPradesh

Rajya AlpasankhayakAyog (Procedure) Regulations, ^1996is

hereby published.

(M.A.KHAN)

SECRETARY

Madhya

Pradesh State Minorities Commission

Bhopal

....

25