Telangana act 031 of 1998 : The Telangana State Minorities Commission Act, 1998.

CHAPTER - I

PRELIMINARY

CHAPTER - II

TELANGANA STATE MINORITIES COMMISSION

CHAPTER - III

CHAPTER - IV

CHAPTER - V

Section 1.Short title, extent and commencement.

(1) This Act may be called the ¹Telangana State Minorities Commission Act, 1998.

(2) It extends to the whole of the State of ¹Telangana.

(3) It shall come into force on such date as the Government may, by notification appoint.

1. Substituted by G.O.Ms.No.3, Minorities Welfare (Estt.II) Department, dated 22.08.2014.

Section 2.Definitions.

In this Act, unless the context otherwise requires,-

(a) "Chairman" means the Chairman of the ¹Telangana State Minorities Commission appointed under section 5;

(b) "Commission" means the ¹Telangana State Minorities Commission constituted under section 3;

(d) "Minority" means the persons who profess faith in any one of the following religions namely:-

(i) Buddhism;

(ii) Christianity;

(iii) Islam;

(iv) Sikhism;

(v) Zorastrianism;

irrespective of the language spoken by them;

(e) "Notification" means a notification published in the ¹Telangana Gazette and the word 'notified' shall be construed accordingly;

(f) "Prescribed" means prescribed by rules made by the Government under this Act;

(g) "Vice-Chairman" means the Vice-Chairman of ¹Telangana State Minorities Commission appointed under section 5.

1. Substituted by G.O.Ms.No.3, Minorities Welfare (Estt.II) Department, dated 22.08.2014.

Section 3.Constitution of the Telangana State Minorities Commission.

(1) The Government may, by notification, constitute a body to be known as the ¹Telangana State Minorities Commission to exercise the powers conferred on, and to perform functions assigned to it under the Act.

(2) The Commission shall be a body corporate having perpetual succession and a common seal, with power, subject to the provisions of this Act and rules made thereunder, to acquire, hold and dispose of property and to enter into contracts and shall in the said name sue and be sued.

(3) The Headquarters of the Commission shall be at Hyderabad and the Government may, by notification, specify such other place to be the Headquarters of the Commission as may be necessary from time to time.

1. Substituted by G.O.Ms.No.3, Minorities Welfare (Estt.II) Department, dated 22.08.2014.

Section 4.Meetings of the Commission.

(1) The Commission shall hold ordinary meetings at such places and at such intervals as may be prescribed and meetings may be convened by the Chairman at any time for the transaction of any urgent business.

(2) Number of Members necessary to constitute a quorum of meeting and the procedure to be followed therein shall be such as may be prescribed.

Section 5.Composition of the Commission.

(1) The Commission shall consist of the following members:-

(a) a Chairman who shall be a reputed member of the minority, to be appointed by the Government;

(b) a Vice-Chairman who shall be, a reputed member of the minority community, different from the Community of the Chairman, to be appointed by the Government; and

(c) not more than six members to be appointed by the Government, of whom two shall represent Islam and one each from Zorastrian, Christian, Buddhist and Sikh:

Provided that atleast one such member shall be a woman.

(2) The Secretary shall convene the meetings of the Commission from time to time.

Section 6.Term of office and conditions of services of Chairman and Members.

(1) The Chairman, Vice-Chairman or the Members shall, unless otherwise disqualified for continuing as such under the rules, hold office for a term of three years from the date he assumes office and shall be eligible for re-appointment for a second term only.

(2) The Chairman, Vice-Chairman or a Member may by writing under his hand addressed to the Government resign from the office, but he shall continue in office till his resignation is accepted by the Government or his successor is appointed.

(3) The successors so appointed under sub-section (2) shall hold office for the remainder of the term of his predecessor.

(4) The Government may 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 Government involves moral turpitude;

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

(e) without obtaining leave of absence from the Commission, absents himself from three consecutive meetings of the Commission;

(f) has in the opinion of the Government, so abused the position of the Chairman, Vice-Chairman or Member as to render that person's continuance in office detrimental to the interest of the minorities or 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.

Section 7.Appointment of officers and other employees of the Commission.

(1) The Government may appoint the Secretary who shall be an officer of the Government not below the rank of Deputy Secretary to Government 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 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.

(3) The Secretary shall be the Chief Executive Officer of the Commission and shall exercise such powers and perform such functions as may be prescribed.

Section 8.Salaries and allowances to be paid out of grants.

The salaries and allowances payable to the Chairman, Vice-Chairman and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employees referred to in section 7 shall be paid out of the grants referred to in sub-section (1) of section 15.

Section 9.Vacancies etc., not to invalidate proceedings of the Commission.

No act or proceeding of the Commission shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

Section 10.Procedure to be regulated by the Commission.

(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 signature of the Secretary or any other officer of the Commission authorised by the Secretary in this behalf.