LexThe ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003
Assam · state statute
Open in Lexace · Ask the AI about this act~ Registered No.' 768/97
THE ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY AUTHORITY
rr~ 160 Nxi~, ~~. 25 ~. 2003 , 3 ~"f. 1925 ( ~)
No.160 Dispur, Friday, 25th July, 2003, 3rd Sravana, 1925 (S.E .)
GOVERNMENT OF ASSAM
LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH
CORRIGENDUM
The 25th July, 2003
No. LGL.92/2002/25. -In the Assam State Commission for Minorities
Act, 2003 (Assam Act No. XX of 2003), published in the Extra Ordinary
Assam Gazette vi de this Department Notification No. LGL.92 /2002/8, dated
9th Mciy, 2003, -
(i) in section 2, in clause (a), please read "Commission" in lieu of
"Commissions" ;
(ii) please read the provisions of sub-section (2) of section 3 as -
"{2) The Commission shall consist of a Chairperson and two members to be
nominated by the State Government from amongst persons of eminence,
ability and integrity and they shall be from amongst the Minority
Communities :
Provided that one such member shall be from the Religious
Minority and the other from the Linguistic Minority Community."
1134 THE ASSAM GAZETTE, EXTRAORDINARY, JULY 25, 2003
in lieu of the existing provisions -
"(2) The Commission shall consist of a Chairperson and two 7:
members to be nominated by the State Government from
amongst persons of eminence , ability and integrity and
they shall be from amongst the Minorities Communities.";
(iii) in section 4, in sub-section (3), in clause (f), in the first
paragraph, please read "Minorities or public interest :"
in lieu of" Minorities of public interest :" ;
(iv) in section 9, in sub-section (2),-
(a) in clause (a), please read "summoning and enforcing"
in lieu of "summoning and any enforcing " ;
(b) in clause (e), please read "issuing summons" in lieu of
"issuing commissions" ;
(v) please read the provisions of section 10 as -
"GrantsbyStatel0.(1) The State Government shall, after the appropriation
Government. made by the State Legislature by law in this behalf ,
pay to the Commission by way of grants such sums of
money as the State Government may think fit for being
utilised for the purposes of this Act.
(2) Specific Budget provision shall be made in the State
annual Budget estimates for providing grants referred
to in sub-section (1).
(3) 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)."
in lieu of the existing provisions -
"Grants by State 1 O .(1) The State Government shall after the appropriation made
Government. by the State Legislature by law in this behalf, pay to
the Commission by way of grants such sums of money
as the State 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 (l)."
K. D. PHUKAN,
Secretary to the Govt. of Assam,
Legislative Department.
GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,
Assam, Guwahati-21 (Ex-Gazette) No . 319-500-600-25- 7-2003.
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Registered No. - 768/97
THE ASSAM GAZETTE
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EXTRAORDINARY
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PUBLISHED BY AUTHORITY
'1~ I 02 ~~' ~ ill"f~, 9 ~ ', 2003, 19 ~?f , 1925 (~)
No. I 02 Di spur, Friday , 9th May, 2003 , 19th Vaisakha , 1925 (S.E.)
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GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH
NOTIFICATION
The 9th May, 2003
No. LGL.92/2002/8.-- The following Act of the Assam Legislative ·
Assembly which received the assent of the Governor is hereby published for
general information.
938 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 200t
ASSAM ACT NO. XX OF 2003 . /
(Received the assent of the Governor on 8th May, 2003)
THE ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003
AN
Preamble
Short title,
extent and
commence
ment.
ACT
to constitute a State Commission for Minorities and to provide
for matters connected therewith or incidental thereto.
Whereas, it is expedient to constitute a State
Commission for Minorities and to provide for matters connected
therewith or inciden tal thereto,
It is hereby enacted in the Fifty-fourth Year of the
Republic of India as follows:-
1. ( 1) This Act may be called the Assam State Commission for
Minorities Act. 2003 .
(2) It extends to the whole of Assam.
(3) It shall come into lorce on such date as the State
Government may, by notification in the Official Gazette,
appoint.
Definitions . 2. In this Act. unless the context otherwise requires :
(a) "'Commissions" means the Assam State Commission for
Minorities constituted under section 3 ;
(b) ''State Government" means the Government of Assam ;
(c) "Member" means a Member of the Commission;
( d) "Minority" for the purpose of this Act, means the persons
belonging to Religious as well as Linguistic Minorities,
residing in the State of Assam; who are otherwise eligible
to be considered and declared by the State Govt. as
Minorities mentioned in Article 30 of the constitution of
India;
( e) "Prescribed" means prescribed by rules made under this
Act.
Constitution 3. ( 1) The State Government shall constitute a body to be known
of the Assam as the Assam State Commission for Minorities to exercise
State Commission the powers con !erred on, and to perform the functions
for Minorities. assigned to under this Act.
r:· HE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 939
Term of
office and
conditions
of scr\'icc of
Chairperson
and
Members.
(2) The Commission shall consist of a Chairperson and two
members to be nominated by the State Government from
amongst persons of eminence, ability and integrity and
they shall be from amongst the Minorities Communities.
4. ( 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 State Government, resign from
the office of the Chairperson or, as the case may be, of
the Member at any time.
(3) The State Government shall remove a person from the
office of Chairperson or a Member referred to in sub
section (2) if that person -
(a) become an undischarged insolvent;
(b) is convicted and sententenced to imprisoment for an
offence which, in the opinion of the State
Government, involves moral turpitude;
(c) becomes unsound mind and stands so declared by a
competent court ;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the
Commission, absent from three consecutive meetings
of the Commission;
(f) has, in the opinion of the State Government, so abused
the position of Chairperson or Member as to render
that person's continuance in office detrimental to the
interests of Minorities of 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 otherwise shall
be filled up by fresh nomination.
(5) The salaries and allowances payable to, and the other
terms and conditions of service of the Chairperson and
Member , shall be such as may be prescribed.
940 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 !.!-
Officers and
other
employees
of the
Commission.
Salaries and
allowan ces
to be paid
out of
grants.
Vacancies
etc. not to
invalidate
proceeding s
of the
Commission.
5. ( 1) The State 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 .
(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 he such as may be prescribed.
6. The sa laries and allowances payable to the Chairper son and
Member and the administrative expenses, including salaries
and allowances payable to the officers and other employees,
shall be paid out of the grants referred to in sub-section (1)
of Section 10.
7. No act or proceedings 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.
Procedure to 8. ( 1) The headquarter of the Commission shall be at Guwahati.
be regulated
by the (2) The Commission shall regulate its own procedure.
Commission .
Function of
th e
Commission.
(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.
9. ( 1) The Commission shall perform all or any of the following
functions, namely :-
(a) evaluate the progress of the development of Minorities
under the State ;
(b) Monitor the working of the safeguards provided in
the Constitution and in Jaws enacted by the Parliament
and the State Lagislature ;
'(c) Make recommendations for the effective
implementation of safeguards for the protection of
the interests of Minorities by the Stat e Government;
v' J'HE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 941
(d) look into specific complaints regrding deprivation of
rights and safeguards of the Minorities and takeup
such matters with appropriate authorities under the
control of the State Government ;
(e) cause studies to be undertaken into problems arising
out of any discrimination against Minorities and
recommend measures for their removal ;
(f) conduct studies, research and analysis on the issues
relating to socio-economic and educational
development of Minorities ;
(g) suggest appropriate measures in respect of any
Minority to be undertaken by the State Government ;
(h) make periodical or special reports to the State
Government on any matter pertaining to minorities
and in particular difficulties faced by them ; and
( i) any other matter which may be referred to it by the
State Government ;
(2) The Commission 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 a
suit and in particular , in respect of the following matters,
namely :-
(a) summoning and any enforcing the attendance of any
person from any pa11 of the State and examining him
on oath;
(b) requiring the discovery and production of any
document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from
any office;
( e) issuing commissions for examination of witnesses and
documents ; and
(f) any other matter which may be prescribed.
942 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 ,)
Grants by
State
Government.
Accounts
and audit.
Annual
Report.
(3) The advice of the Commission and, especially, the
findings of the Commission concerning deprivation of
any right of the Minorities or any infringement of any
well-being of the Minority by omission or commission,
shall ordinarily be binding upon the State Government.
I 0. ( 1) The State Government, shall after the appropriation made
by the State Legislature by law in this behalf, pay to the
Commission by way of grants such sums of money as
the State 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 perfonning the functions under this Act, and such
sums shall be treated as expenditure payable out of the
grants referred to in sub-section (1 ).
11. (I) The commission shall maintain proper accounts and other
relevant records and prepare an annual statement of
accounts in such forn1 as may be prescribed by the State
Government in consultation with the Accountant General,
Assam.
(2) The Accountant General and any person appointed by
him in connection with the audit of the accounts of the
Commission under this Act shall have the same rights
and privileges and authority in connection with such
audit as the Accountant General generally has in
connection with the audit of Government accounts and,
in particular, shall have the right to demand the
production of books, accounts, connected vouchers and
other documents and paper and to inspect any of the
offices of the Commission.
12~ The Commission shall prepare, in such fom1 and by such
date for each financial year, as may be prescribed, its annual
report giving a full accounts of its activities during the
previous financial year and forward a copy thereof to the
State Government.
,.
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 943
Annual
l{epor·t to
he laid before
the Asscmbl~ · -
Chairperson,
l\1c,nber and
staff to be
public
serYants .
PoH er to
make rules ..
13. The State Government shall cause the annual
report together with a memorandum of action
taken on the recommendations contained
therein , and the reasons for the non-acceptance,
i r any, such recommendations and the audit
report to be laid as soon as may be after the
report is received, before the Legislative
Assembly.
14. The Chairperson, Member and employees of the
Commission shall be deemed to be public
servants within the meaning of Section 21 of
the Indian Penal Code.
15. (I) The State Government may by notification
in the Official Gazette, make rules for
earring out the provisions of this Act.
(2) 1n particular and without prejustice to the
generality of the forgoing power, such rules
may provide for all or any of the following
matters, namely :-
(a) Salaries and allowances payable to, and
other tenns and conditions of services of
the Chairperson and Members under sub
section (5) of section 4 and other officers
and employees under sub-section (2) of
section 5 ;
(b) any other matter under clause (f) of sub
section (2) of Section 9;
(c) the form in which the accounts shall be
maintained and the annual statement of
accounts shall be prepared under sub
section (I) of section 11 ;
( d) the form in and the time at, which the
annual report shall be prepared under
section 12 ;
(e) any other matter which is required to be or
may be prescribed.
Central Act.
45 of 1860.
'I
I l
944 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 200:
Power to
remove
difficulties.
(3) Every rule made under this section shall be laid as soon
as may be after it is made, before the Assam Legislative
Assembly while it is in session for a total period of
fourteen days which may be comprised in one session
or in two successive sessions and if, before the expiry
of the session in which it is also laid or the sessions
immediately following the Assam Legislative
Assembly agree in making any modification in the rule
or the Assam Legislative Assembly agrees that the
rule should not be made, the rule shall thereafter have
effect only in such modified fo1111 or he of no effect,
as the case may be, so however, that an y s uch
modification or annulm~nt sha ll be \\'ithout prejudice
to the va lidity of the anything previously done under
that rule.
16. (1) If any difficulty arises in giving effect to the provision
of this Act. the State Government may, by order
published in the Official Gazette, make such proYisions.
not inconsistent with the provisions of this Act, as
app ears to it to be necessary or expedient lor n:mo\·ing
the difficulty:
Provided that no such order shall be made after
the expiry of a period or two years from the date of
commencement of this Act.
(2) E\·cry order made under this section shall. as soon as
may be after it is made, be laid before the State
Legi slature.
ARVIND DAVE
GOVERNOR OF ASSAM .
K. D. PHUKAN,
Secretary to the Govt. of Assam ,
Legislative Department.
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(i l i WAH /\Tl- Prinll'd & l'uhli shcd hy the Dy. Director (P&S). Direc torate uf Ptg. & Sty ..
Assam . ( luwahati -21 (Ex-( iazctte) No. 203-500-600 -9-5-200 3.
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