NATIONAL COMMISSION FOR MINORITIES ACT, 1992
(1) This Act may be called the National Commission for Minorities Act, 1992.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint.
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1. Came into force on 17th May, 1993 vide S.O. 317(E), dated 17th May, 1993, published in the Gazette of India, Pt. II, Sec. 3(ii).
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In this Act, unless the context otherwise requires,—
(a) “Commission” means the national Commission for Minorities constituted under section 3;
(b) “Member” means a Member of the Commission 1[and includes the Vice-Chairperson];
(c) “minority”, for the purposes of this Act, means a community notified as such by the Central Government;
(d) “prescribed” means prescribed by rules made under this Act.
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1. Added by Act 41 of 1995, sec. 2.
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(1) The Central Government shall constitute a body to be known as the National Commission for Minorities to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of a 1[Chairperson, a Vice-chairperson and five members] to be nominated by the Central Government from amongst persons of eminence, ability and integrity:
Provided that five Members including the Chairperson shall be from amongst the minority communities.
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1. Subs. by Act 41 of 1995, sec. 3, for “Chairperson and six Members”.
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(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 Central Government, resign from the office of Chairperson or as the case may be, of the Member at any time.
(3) The Central Government shall remove a person from the office of Chairperson 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 Central Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
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(1) The Central 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 under this Act.
(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 be such as may be prescribed.
The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the officers and other employee referred to in section 5, shall be paid out of the grants referred to in sub-section (1) of section 10.
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.
(1) The Commission shall meet as and when necessary at such time and place as the Chairperson 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 the Commission duly authorised by the Secretary in this behalf.
(1) The Commission shall perform all or any of the following functions, namely:—
(a) evaluate the progress of the development of minorities under the Union and States;
(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;
(c) make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;
(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 o
(1) The Central Government shall, after due appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such sums of money as the Central 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 performing the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1).
(1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Central Government in consultation with the Comptroller and Auditor-General of India.
(2) The Accounts of the Commission shall be audited by the Comptroller and Auditor-General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Comptroller and Auditor-General.
(3) The Comptroller and Auditor-General and any person appointed by him connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and the authority in connection with such audit as the Comptroller and Auditor-General generally has in connection with the audit of Governmen
The Commission shall prepare, in such form 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 Central Government.
The Central Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, of any of such recommendations and the audit report to be laid as soon as may be after the reports are received, before each House of Parliament.
The Chairperson, Members and employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code (45 of 1860).
Illustration
A Municipal Commissioner is a public servant.
Explanation 1.—Persons falling under any of the above descriptions are public servants, whether appointed by the Government or not.
Explanation 2.—Wherever the words “public servant” occur, they shall be understood of every person who is in actual possession of the situation of a public servant, whatever legal defect there may be in his right to hold that situation.
Explanation 3.—The word “election” denotes an election for the purpose of selecting members of any legislative, munici
(1) The Central Government may by notification in the Official Gazette, make rules for carrying out the provisions 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 to, and the other terms and conditions of service of, the Chairperson 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 (4) of section 9;
(c) the form in which the annual statement of accounts shall be maintained under sub-section (1) of section 11;
(d) the
(1) If any difficulty arises in giving effect to the provisions of this Act, the Central Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is made, be laid before each house of Parliament.
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