PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
PART I
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS, PUNJAB
NOTIFICATION
The 14th February, 2013 No. 13-Leg./2013.-The following Act of the Legislature of the Stateof Punjab received the assent of the Governor of Punjab on the Ist February, 2013, is hereby published for general information :
THE PUNJAB STATE COMMISSION FOR MINORITIES
ACT, 2012
(Punjab Act No. 13 of 2013)
2.
AN
67
ACT
to constitute a Commission for Minorities in the State of Punjab with a view to protecting and safeguarding the interests of minority communities, to recommend additional social, economic, educational and cultural requirements of religious and linguistic minorities and to preserve secular traditions, promote national integration and for the matters connected therewith or incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the Sixty-third Year of the Republic of India as follows:
1. (1) This Act may be called the Punjab State Commission for Minorities Act, 2012.
(2) It shall be deemed to have come into force on and with effect
from the 9th day of November, 2012.
In this Act, unless the context otherwise requires,
(a) "Commission" means the Punjab State Commission for
Minorities constituted under section 3:
(b) "Chairperson" means the Chairperson of the Commission;
(c) "Government" means the Government of the State of Punjab in the Department of Home Affairs and Justice;
(d) "Member" means a Member of the Commission and includes the Chairperson and the Secretary;
Short title and
commencement.
Definitions.
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013 67
( AGHA 25,1934 KA)
P RT I
EP RTMENT OF LE AL ND LEGISLATIVE AFFAIRS, PUNJAB
NOTI CA ION
The 14th February, 2013 No. 3-Leg./2013.-The f l wing Act of the Legislature of the State of Punjab r ceived the assent of the Governor of Punjab on the 1st February, 013, is hereby published for general information :-
MI ON I ORI
CT,
j ct o. f 13) 10 constitute a Commission for inorities t t njab with a
view lo protecting and sa arding rests inority communities,
ecom end i l social, economic, ca ti al l al
requirements of religious and linguistic inorities lo serve secular
traditions, promote national in r t n h at ers connected
therewith or incidental thereto
i h egislat re of h e
j b in the Sixty-third
ear o h publi n fo lo s:-
1. I) his e he mis i n for Minorities ct (2 [ltsha lbe em to om in o fo c and w h e
from the 9 h d November, 2
2. In this Act u the co o h i re ires,-
(a "C mis i " m the P S e C mis i for
re fy Minori
ties constitut un sec ion 3; (b "C ai n" m the C i on f the C mis ion;
(c) "G ent" m the G en t the S ate of Punjab in the D ment of H m A and J u tice;
(d) "M ber" m a M be the C mis and includ s
the Chairper and the Se ry, title nd
om ement.
Definitions.
1
Constitution of the
Commission. Headquarters of the
Commission. Term of office of Chairperson and Members.
68 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
3 () The Government shall, by notification in the Official Gazette, constitutea body to be known as the Punjab State Commission for Minorities to exercise the powers conferred on, and to perform the functions assigned to it, under this Act.
(e) "Minorities" means communities residing in the State of Punjab declared by the Government as minority communities by notificationin the Official Gazette, from time to time; and )"prescribed" means prescribed by rules made under this Act.
(2) The Commission shall consist of,
5.
(a) a Chairperson, a person of eminence and who has done outstanding work regarding safeguarding the interests of the minority communities, to be appointed by the Government;
(b) five non-official Members to be nominated by the Government from amongst the persons of eminence, ability and integrity:
Provided that the number of the Members may vary due to increase or decrease in population of the minority communities:
Provided further that all the Members including the Chairperson shall be from amongst the members of the Minorities; and
(c) Secretary, who shall be appointed by the Government under section 8.
(3) Notwithstanding anything contained in this section, the Commission constituted by the Government vide Notification No. 1/6/2008/ MC/116, dated 21.01.2010, shall be deemed to have been validly constituted under this section and shall continue to remain so till a new Commission is constituted under the said provision of this Act.
4. The Headquarters of the Commission shall be located at Ajitgarh (Mohali).
(1) The Chairperson and every Member shall hold office for a term of three years from the date he assumes office and shall be eligible for re-appointment for another term of the said duration or until he attains the age of seventy years, whichever is earlier.
Constitution of
the
Commission.
Headquarters of
the
Commission.
Ter of of ice
of Chairperson
and Members.
68 PUNJAB GOV G (EXT ), FEBRUA 14,2013
(MA 25 1934 SAK
(e) "Minorities" means communitie residin declared by
in the State of Pu ab
the Government as min r y communiti by notification in the Offi G zet from time to tim and
0
3. (1) The Government sha by notificatio in the Of Gazet , constitute a body to be know as the Pun t e'Co mis i n for Minoriti to exercise the powers conferred o and to perform the fun o assign to
it, unde th s A
"prescribed" mean p e b by rules m under this Act.
(2) T C mis i sh c sist of —
(a) a Chairperson, a pe o i an e outstanding work regarding safe r i g h n sts of the minority communities, to oi t h Government;
) five nn-oficial embers o inated h Government rom ongst h s inence, ability and integrity:
i t h ber h embers vary
due to increase or decrease in pulati n inority munit es:
Pr vi ed r t l embers luding the
Chairperson shall om ongst embers f he Minorities; and
(c) Secretary, who shall be appointed overnment der t
(3) Notwithstanding ythi g ntai ed is ection, Commission constituted by the overnment i e Notification No. 1/6/2008/ MC/116, dat d 1.01.2010, shall be de med to have been validly constituted under t is secti n shall continue to remain so till a new Commission is constituted under t e said provision of this Act.
4.
(Mohali). S. (1) The Chairperson and every Member shall hold of ice for a t of three years
The Headquarters of the Commission shall be l cated at Ajitgarh from the date he assumes office and shall be eligible for re-appointment for another t of the said duration or until he attains the age of seventy years, whichever is earlier, &
)
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PUNJAB GOVT.GAZ. (EXTRA), FEBRUARY 14,2013 69
(MAGHA 25, 1934 SAKA)
(2) Whenever a vacancy occurs by removal of the Chairperson or the Member, as the case may be, such a vacancy shall be filled up by the Government by nomination and such a person appointed shall remain in office for the remainder of his predecessor's term of office.
6. (1) The Chairperson or a Member may, in writing under his hand addressed to the Govermment, resign from the office of Chairperson or Member, as the case may be, at any time.
(2) Notwithstanding anything contained in sub-section (), the Government may, by order, remove the Chairperson or a Member, as the case may be, if he,
(a)
(b)
is adjudged as an insolvent;
is convicted and sentenced to imprisonment for an
offence which in the opinion of the Government involves moral turpitude;
(c) is of unsound mind and stands so declared by a competent court;
(e)
(d) refuses to act or becomes incapable of acting; absents himself from three consecutive meetings of the Commission without obtaining leave of absence from the Chairperson;
) has, in the opinion of the Government, so abused the position of the Chairperson or the Member, as the case may be, 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 except as in clause (a), (b) and (c) until that person has been given a reasonable opportunity of
7. The salary and allowances payable to, and other terms and conditions of service of, the Chairperson and the Members shall be such, as may be prescribed.
8. 4) The Government shall make available to the Commission an officer, not below the rank of an Additional Secretary from amongst the officers belonging to the Punjab Civil Services (Executive Branch) or the Indian Administrative Service, for appointment as the Secretary. Resignation and
removal of
Chairperson or
Member.
Salary and
allowances of
Chairperson and
Members.
Secretary of the
Commission.
being heard in the matter.
PUNJAB GOVT. GAZ. (EXT ) FEBRUARY 14,2013 69
(MAGHA 25,1934 SAK
(2) Whenever a vacancy occurs by removal of the Chairp so mber, as the case may be, such a vacancy shall be filled up by the ent by nomination and such a person app nted shall remain in office mainder of his predecessor's term of office or the Me
Governm
for the re
6. (1) The Chairperson or a Member may, in wri ing un his hand addressed to the Government, resign from the o fice o f Chairperson or Member, as the case may be, at any time.
(2) Notwithstanding anyt n co n in su ction (1), the Government may, by order, remov the C ai o a Me ber, as the case may be, if he. -
(a) isadjudged as an insolvent;
(b) is convicted e e to m o ent for an offence which in h o e ver ent involves moral turpitude;
(¢) is ofunsound mi a stands decl petent court;
(d) refuses to act or becomes incapable of act g;
(e) absents himself f om consecutive e ti gs f e Commission without obtaining e f s nce om the Chairperson;
(f) has, in the opinion of the overnment, used position of the Chairperson or the ember, as t e case may be, as to render that person's onti uance i of ice detrimental to the interests of Minorit es or t e public int r st
Provided that no person shall be r oved except as in clause (a), (b) and (c) until that person has been given a reasonable opportunity of being heard in the matter.
7. The salary and allowances payable to, and other t r s and conditions of service of, the Chairperson and the Members shall be such, as may be prescribed.
8. (1) The Government shall make available to the Com ission an officer, not below the rank of an Addit onal Secretary fr amongst he officers belonging to the Punjab Civil Services (Executive Branch) or the Indian Administrative Service, for ap ointment as the Secretary. Resignation and
removal of
C or
Member.
Salary and
allowances of
Chairperson and
Members.
Secretary of the
Commission.
3
Staff of the Commission. Salaries and allowances to be paid out of
grants.
Procedure to be regulated by the Commission.
Vacancies, etc. not to invalidate proceedings of the
Commission.
Meeting of the Commission.
70 PUNJAB GOVT. GAZ. (EXTRA),
FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
(2) The Secretary shall cause the accounts of the
Commission to
be maintained and shall discharge the duties cast on him by or under this Act.
(3) The Secretary shall be the ChiefExecutive of the Commission and shall be responsible for the proper administration of the affairs of the
Commission and its day to day management and shall,
9. (1)
(a)
(b)
operate the grants of the Commission; discharge such other functions, which are conferred upon
him by or under this Act or any other law for the time
being in force; and
(c) delegate any ofits functions or authority to a subordinate
officer of the Commission.
The Government shall provide such staff to the Commission,
as may be required for its proper functioning.
(2) The salary, allowances and conditionsof service of the staff
shall be such, as may be prescribed.
10. The salaries and allowances payable to the Chairperson and the
Members and the administrative expenses of the Commission including the
salaries and allowances payable to the Secretary and staffof the Commission
shall be paid in the prescribed manner out of the grants referred to insub
section (2) of section 16.
11. () The Commission shall regulate its own procedure with the prior approval of the Government.
(2) AIl orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Chairperson.
12. No act, decision or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of any vacancy or defect in the constitution of the Commission or any defect in the appointment of a person acting as Chairperson or a Member or any irregularity in the procedure of the Commission, including issuing a notice for holding of a meeting, not affecting merits of the matter.
13. (1) The Commission shall meet as and when necessary at Ajitgarh (Mohali) or at any other place, as the Chairperson may think fit:
Staff of the
Commission.
Salaries
lowances o
paid out of
grants.
e
regulated the
ommis i
Vacancies, elc.
not t i al d e
proceedings of
the
Commission.
Meeting of the
Commission.
70 PUN A VT. Z. (EX
), FEBRUA 14,2013
(MAG 25 1934 SA
T S sh cau the account o t he Commission to
on him by or un this Act.
(2)
be m ned and sh disch the du e ca
(3) T S sh be the Chief E cuti e the Commissio
and shall be responsible for the p o ad inistrat n o the affa o the
C mis i n and its day to day m ent and s —
(a) o rate the g a o the Co mis ion;
(b) d sc such o h fu t s, w are c u p
m b o u th s A o an o h law fo the tim n in fo and
(c) elegate o its fu a rit sub rdinate offi r o mission.
(1) The over ent al u a f h Commission, as may be required for its roper u t ing.
(2) , low ces dit s of t staff all , ri ed.
10. ries low ces able o h hair erson h embers d h ministrative enses ommis ion n i g h salaries owances payable ecretary staf f e Commission shall be i in r scri ed anner t nts s - t ) of secti n
11. (1) The Commission shall regulate its procedure it prior proval overnment.
(2) ll r ers eci s Commission shall be authenticated by the Secretary or any other officer of the Commission duly uthorized hairperson.
12. Noact, decision or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of any vacancy or defect in the constitution of the Com ission or any defect in the ap ointment of a person acting as Chairperson or a Member or any irregularity in the procedure of the Commission, including issuing a notice for holding a meeting, not affecting merits of t e matter.
13. (1) The Commission shall meet as and when neces ary at Ajitgarh (Mohali) or at any other place, as the Chairperson may think fit:
»
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PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
Provided that the Commission shall meet at least once in three months.
71
(2) The Chairperson shall preside over the meeting of the Commission.
(3) One-halfof the Members shall form the quorum for a meeting.
14. (1) The functions of the Commission shall be as follows,
(a) to examine the working of various safeguards provided in the Constitution of India or the laws enacted by the Parliament or the laws passed by the State Legislature for the protection of Minorities and to make recommendations to ensure their effective implementation;
(b) to make recommendations with a view to ensuring effective implementation and enforcement of all the safeguards;
(c) to monitor the working of the safeguards provided in the Constitution of India, laws enacted by the Parliamentor State Legislature and policies and schemesof the
Government for Minorities;
(d) to conduct studies, research and analysis on the questions
of avoidance of discriminations against Minorities;
(e) to make assessment of the representation of Minorities in the various services under Government of Punjab and
the means to achieve the
desired level:
to make recommendations for ensuring, maintaining and
promoting communal harmony in the state;
(g) to make periodical or special reports to the Government on any matter pertaining to the minorities and in particular difficulties confronted by them;
()
(h) to study any other matter, which in the opinion of the
Commission, is important from the point of view ofthe welfare and development of Minorities, and to make
appropriate recommendations;
to consider the grievances of the Minorities and to suggest
Functions of the
Commission.
PUNJAB GOVT. GAZ. (EXTRA), FEBRUAR 14,2013 71
(MAGHA 25, 1934 SA
Provided tha the Commission sh m once in three m nt C mis i .
(2) The Chairperson shall preside over the meeting o the
(3) One-half of the Members shall form the quorum for a meet
14. (1) The functions of the Commission shall be as fo lo s,-
(a) to examine the working of various safeguards provided (c)
)
)
( )
(1)
in the Constitution of India or the laws e he Parliament or the laws passed by the State Legislature for the protection of Minorities and to make ecomm ions to ure h r fective
implementation;
to make eco mendations i ew o r
effective mpl entation ent h
safeguards;
to monitor the orking of the ards i n h onstituti n ia, aw ct h r a ent
State egislature olicies es
over ment inorit es;
to duct dies, r h alysis esti ns
f i ance ofdiscriminations ainst inorit es; to ake ent r resentation Mino
rities
in ari us r ices der overnment f u
njab
eans i e esi el;
to ake mendations r nsuring, aintainin g
pr moting munal ony i
e tate;
to ake eriodical or pecial port
s to the overnment
on y matter pertaining t t e minorit es a d i particular
dif iculties confronted by t
;
to st dy any other matter, which in
t e opinion of t e
Com ission, is i portant f t e
point of view of the
welfare and development of Minor
it es, and to make
appropriate recommendations;
to consider the grievances of the Minorit es and to sug est Functions of the C mis i n.
5
Powers of the Commission. Budget of Commission and grants by the Governnent.
72 PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
appropriate solution from time to time;
6) to look into specific complaints regarding deprivation of rights and safeguards of Minorities and take up such matters with the appropriate authorities;and
(k) to c0-ordinate and supervise the implementation ofthe Prime Minister's 15-Point Programme for Welfare of Minorities:
Provided that, if any matter specified in sub-section
(1) is undertaken by the National Commissionfor Minorities constituted under section 3 of the National Commission for Minorities Act, 1992 (Central Act 19 of 1992), the State Commission shall cease to have jurisdiction in such matters.
(2) The Government shall cause the recommendations of the Commission to be laid before the House of the State Legislature alongwith the memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non-acceptance, if any, of such recommendations.
15. The Commission shall, while carrying out its functions under this Act, have the powers of a civil court 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 documents;
()
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any office of the Government;
(e) issuing commissions for the examination of witness and documents; and
any other matter which may be prescribed.
16. () The Comnmission shall prepare every year a budget estimate of its income and expenditure for the financial year and shall forward it to the Government for approval.
Powers of the
Commission.
Budget of
Commission and
grants by the
Government,
72 PUNJAB GO G (EXT ) FEBRUAR 14,2013
(MA 25,1934 SAK
G)
(k) ap riate solution from time to time to look into specific complai t regard n deprivation of rights safegu of Mi orit and take up such matters with the ap ri au rit s; and
to co t and sup the im entati of the
P im Minister' 15 i t P ogramm for Welfare of Minorit
P th if any mat sp i in su
(1 is u by the at C mis i for
Minorities constituted under section 3 of the National mis ion o inorities ct, Central c 1
1992), the mis ion all o
jurisdiction in such matters.
(2) Th over ent al h ecom endati ns he Commission to be laid before the Hous of the t t egislature o ith h memorandum explaining the action taken s d
recommendations and the reasons for n-ac eptance, y, com endat ons.
15. The Commission shall, while c r i g ut cti ns der is Act, have the powers of a civil court and in particular, in ect f the l ing matters, namely:-
(a) summoning enforcing nce f any er n examining him on oath;
( )
(c) (d) (e)
"
16. (1)
r quiring i very production f any ocuments; receiving evidence n af idavits; requisitioning any public record or c py t ereof f a y of ice oft e Government;
I uing commissions for t e ¢xamination of witnes and documents; and
any other matter which may be prescribed.
The Commission shall prepare ¢
of its i me and expenditure
very year a budget estimate
for the financial year and shall forward it to the Government for approval.
U
h
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PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14,2013
(MAGHA 25, 1934 SAKA)
73
(2) The Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as are adequate for carrying out the purposes of this Act.
(3) The Commission may spend such sums out of the grants asit thinksfit for perfoming its functions under this Act, or incidental thereto in accordance with the Punjab Financial Rules.
17. (1) The Commission shall maintain proper accounts and other relevant record in such Form, as may be prescribed.
(2) The accounts of the Commission shall be audited annually by the auditors appointed by the Comptroller and Auditor General of Punjab.
(3) The auditors shall have access to all the accounts and other records of the Commission.
(4) The accounts of the Commission, as certified by the auditors, together with a copy of the audit report, shall be forwarded to the Government by the Commission.
18. The Commission shall prepare, in such Form and at such time, for each financial year, as may be prescribed, its annual report giving a true and full account of its activities during the previous financial year, alongwith its recommendations, and forward a copy thereof to the Government.
19. The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, and the audit report to be laid, as soon as may be, after the reports are received before the State Legislature.
20. The Commission may submit to the Goyernment a special report on any matter of public importance pertaining to the interests of the Minorities.
21. In the case of non-acceptance of any recommendations, the Commission shall have the right to be heard by the Government.
22. The Commission may, for the purposes of conducting any examination under this Act, utilize the services of any agency of the Government with the prior approval of the Government.
23. No statement made by a person to the Commission in the course of giving evidence shall be used against him in any civil or criminal proceedings CXCept for prosecuting him for giving false
evidence.
Accounts and
Audit.
Annual report.
Annual report
and audit report
to be laid before
the State
Legislature.
Spccial report.
Right to be
heard.
Power to utilize
services of
agencies.
Protection for
statement made
to the
Commission.
+ i
k
-
«
'
Po
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14,2013 73
A 1934 KA)
) The Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as are adequate for carrying out the purposes of this ct.
(2
) he Commission ay spend such sums out of the grants as it thinks fit for performing its functions under this Act, or incidental thereto in accordance wit Punjab Financial Rules.
7. (1) h ommission hall maintain r per accounts and other relevant r Form, as may be prescribed.
) accounts of the Commission shall be audited annually by the auditors appointed b the Comptroller and Auditor General of Punjab. ditors al access al accounts and other
the Commission.
(4) accounts h Commission, as certified by the auditors, t er with h dit ort, al ar d to the Government h ommission.
. mmis ion hall epare, in such Form and at such time, for n cial ar, cri ed, its ual report giving a true and ful nt s t iti s r h ous financial year, alongwith its e mendations, o w h f o h over ent.
. over ent hal h annual rt o er i e or action taken the eco mendations contained therein, and the audit report to be laid, as as be, after the reports are received h egislature.
20. mis i submit to the Goyernment a special report on at r bli m ort ce to h n sts of t inorities.
21. n h - ceptance o recommendations, the mis ion s l h rig to be heard by the Government. 2 . mis ion a , fo the s of conducting any canilion this Act, utilize the services of any agency of the Government
w h the p o ap al of the G er ent.
by a person to the Commission in t se ¢ 23. statem nt sed agai im in any civ or crim nal proceedings, vi idence she us d h m
giving ev nce shall be
im for giving fals nee. except for pro t h m f r g ng fa e ev de
cc
Audit.
Annual report
Annual report
and audit report
o aid ore
the State
Legislature.
Special report.
Right to be
heard.
Power to u lize
serv ce o
agencies.
P for
statement made
to the
Commission
7
Chairperson, 24. The Chairperson, Members and officers authorized by the Commission to perform functions under this Act, shall be deemed to be public Commission to be servants within the meaning of section 21 of the Indian Penal Code, 1860 (45 Members and
staff of
public servant.
Protection of
action taken in
good faith.
Establishment
of Library and
cell.
74
Power to make rules.
PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
of 1860).
25. No sit, prosecution or other legal proceedings shall lie against the Chairperson, Members or officers performing functions under this Act or under the authority of the Commission, in respect of anything which is done in good faith or intended to be done in pursuance of this Act by or under the authority of the Commission.
26. The Government may establish a Library, an Information Cell, a Research Cell and such other Cells, as may be recommended by the
27. (1) The Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Ac.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:
(a) the terms and conditions of service and salary and allowances of the Chairperson and Members under section 7;
(b) the manner for paying the administrative expenses of the Commission, including the salaries and allowances payable to the Secretary and staff of the Commission under section 9;
(c) the procedure for maintaining the accounts of the income and expenditure under sub-section (1) of section 17;
(d) the Form of annual statement under section 18; and
(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 the House of the State Legislature 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 in which it is Commission.
so laid or the successive sessions as aforesaid, the House agrees in making any Chairperson,
Memb rs and
staff of
Commission to be
public servant.
Protection of
action taken in
good faith.
Establishment
of Library and
cell.
Power to make
rules.
74 PUNJAB GOVT. GAZ. (EXTR FEBRUARY 14.2013
(MAGHA 25,1934 SAKA
24. The Chairperson, Members and officers authorized by the Commission to perform functions under this Act, shall be d emed to be public servants within the meaning of section 21 of the Indian Penal Cod 1860 (45 of 1860).
25. No suit, prosecution or other legal proceedings shall lie again the Chairperson, M or o ficers perform ng functions under this Act or under the authority of the Co mis i , in respec of anything w ch is done in good faith or intended to be done in pursuance of this Act by or und the auth y of the Commissio
26 The G ent m y establish a Library, an Information Cell, a R rch Cel and such other Cells, as may be recommended by the Commission.
2 (1 T G ment may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particular, i t i o h generality of the er, ovide for all or any of the following matters, namely:-
ms conditions of service and salary and allowances of the Chairperson and Members under ct ;
(b) the manner for aying t e dmin strative xpenses f t Com ission, including the salaries and allowances payable t t e Secretary and staff of the Commission under section 9;
(c) the procedure for maintaining the ac ounts of the income and expenditure under sub-section (1) of section 17;
(d) the For of annual statement under section 18; and
(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 the House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two
. . Fr. ~ " « . . 2 . Hae or more successive sessions and if, before the expiry of the session in which itis so laid or the successive sessions as aforesaid, the House agrees in making any &
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PUNJAB GOVT. GAZ. (EXTRA), FEBRUARY 14, 2013
(MAGHA 25, 1934 SAKA)
75
modificationin the rule, or the House agrees 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, however any such modification or annulment shall be without
prejudiceto the validity of anything previously done under that rule.
28. Ifany difficulty arises in giving effect to the provisions of this Act, the Government may, in consultation with the Commission by order published in the Official Gazette, make such provision including an adoption or modification of any provision of this Act, as appears to the Government to be necessary or expedient for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of the commencement of this Act.
(2) Notwithstanding such repeal, anything done or any action taken under the Ordinance referred to in sub-section (1), shall be deemed to have been done or taken under this Act.
H.P.S. MAHAL,
29. (1) The Punjab State Commission for Minorities Ordinance, 2012 Repeal and (Punjab Ordinance No. 12 of 2012), is hereby repealed. Power lo
Secretary to Government of Punjab,
Department of Legal and legislative Affairs.
remove
difficulties.
savings.
NJ B OVT. AZ. (EXTRA), FEBRUARY 14,2013 75
(MAGHA 25, 34 KA)
modif cation i t e rule, or t ouse agrees t at t e r le should not be made, the rule shall t ereafter have effect nl i ch modified form or be of no effect as t ase ay be, wever h modification r annulment shall be without prejudice validity f anything previously done under that rule.
8. [Ifan difficulty arises i giving effect to the provisions of this Act, overnment ay, consultation it th Commission by order published in he f icial azette, ake provision including an adoption or modification f rovision f this ct, pears overnment eces ary r
pedient r r ose of r oving ifficulty:
r vi ed at r er al ade ft r pir eri
ears om at f mencement f is ct.
. ) e unj tat ommission r inorities rdinance, 2 (Punjab Ordinance No. 12 of 2012), is hereby repealed. ) otwithstanding such repeal, anything done or any action taken der rdi ance d b-section (1), shall be deemed to have a ct
. . . AHAL,
cret r o over ent Punjab, epart ent Legal e islative Affairs. e t
r
difficulties.
epeal
savings
9