TAMIL NADU STATE MINORITIES COMMISSION ACT, 2010
(1) This Act may be called the Tamil Nadu State Minorities Commission Act, 2010.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
In this Act, unless the context otherwise requires,--
(a) "Commission " means the Tamil Nadu State Minorities Commission constituted under Section 3;
(b) "Government" means the State Government;
(c) "member" means a member of the Commission and includes the Chairperson and the Member-Secretary;
(d) "minorities" mean the persons belonging to minority communities residing in the State of Tamil Nadu whom the Government have recognized as minorities;
(e) "prescribed" means prescribed by Rules.
(1) The Government shall, by notification, constitute a body to be known as the Tamil Nadu State Minorities Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of,--
(a) a Chairperson and six other members to be nominated by the Government, from amongst persons of eminence, ability and integrity:
Provided that the members including the Chairperson shall be from amongst the minority communities; and
(b) the Commissioner of Minorities Welfare - Member-Secretary.
(3) The head quarters of the Commission shall be at Chennai and the Government may establish one or more offices of the Commission at any other place in the St
(1) The Chairperson and every member of the Commission shall hold office for such period, not exceeding three years, as may be specified by the Government in this behalf.
(2) The Chairperson or a member may, at any time, by writing and addressed to the Government, resign from the office of Chairperson or member, as the case may be, but shall continue in office until his resignation is accepted.
(3) The honorarium and allowances payable to, and the other terms and conditions of service of, the Chairperson and members shall be such as may be prescribed.
(4) Notwithstanding anything contained in sub-section (1), the Government shall remove a person from the office of Chairperson or any member, if that person--
(a) becomes an undischarged insolvent;
(1) The Commission shall meet as and when necessary atleast once in a month and shall meet 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 Member-Secretary or any other Officer of the Commission duly authorised by the Member-Secretary in this behalf.
No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Commission, or any defect in the nomination of a person acting as the Chairperson or a member or any irregularity in the procedure of the Commission, including in issuing of notice for holding of a meeting, not affecting merits of the matter.
(1) The Government shall provide the Commission with such 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 of the Commission shall be such as may be prescribed.
(3) The officers and employees referred to in sub-section (1) shall be under the administrative control of the Chairperson.
(1) Subject to the performance of the functions of the National Commission for Minorities under Section 9 of the National Commission for Minorities Act, 1992 (T.N. Act 19 of 1992), the functions Central Act of the Commission shall be as follows:--.
(a) to examine the working of various safeguards provided in the Constitution and in the laws made by the State Legislature for the protection of minorities;
(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, laws enacted by the State Legislature and policies and schemes of the Government for minorities;
(d) to conduct studies, research and analysis on the questions o
(1) The Government shall pay to the Commission by way of grants such sums of money as the 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.
(3) The honorarium and allowances payable to the Chairperson and members and the administrative expenses, including salaries, allowances and pensions payable to the Member-Secretary and to the officers and other employees referred to in Section 7 shall be paid out of the grants referred to in sub-section (1).
(1) The accounts of the Commission shall be maintained in such manner and in such form as may be prescribed.
The Commission shall prepare an annual statement of accounts in such form as may be prescribed.
(2) The accounts of the Commission shall be audited annually by such auditor as the Government may appoint in this behalf.
(3) The auditor appointed under sub-section (2) shall, for the purposes of audit, have such rights, privileges and authority as may be prescribed.
(4) The Member-Secretary shall cause the audit report to be printed and forward a printed copy thereof, to each member and shall place such report before the Commission for consideration at its next meeting.
(5) The Commission shall take a
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 Government.
The 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 Government and the audit report to be laid as soon as may be after the reports are received, before the Legislative Assembly.
The Chairperson, members, officers and other employees of the Commission, when acting or purporting to act in pursuance of any of the provisions of this Act, or any Rule or order or direction made or issued under this Act, shall be deemed to be public servants Central Act within the meaning of Section 21 of the Indian Penal Code, 1860 (XLV of 1860).
No Suit, prosecution or other legal proceeding shall lie against any member of the Commission or any officer or other employee of the Commission or any person acting under the direction either of the Government or of the Commission, in respect of anything which is in good faith done or intended to be done in pursuance of this Act or any Rule, order or direction made or issued thereunder.
If any difficulty arises in giving, effect to the provisions of this Act, the Government may, by an order, I published in the Tamil Nadu Government Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to them 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 the commencement of this Act.
(1) The Government may make Rules for carrying out all or any of the purposes of this Act.
(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 honorarium and allowances payable to, and other terms and conditions of service of, the Chairperson and members under subsection (3) of Section 4 and the salaries and allowances payable to, and other terms and conditions of service of, the officers and other employees under sub-section (2) of Section 7;
(b) the form and the manner in which the accounts, and the form in which the annual statement of accounts, shall be prepared under subsection (1) of Section 10;
(c) the form in which, and the time a
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