The JHARKHAND STATE MINORITIES COMMISSION ACT, 2001

JHARKHAND STATE MINORITIES COMMISSION ACT, 2001 
 
TO MAKE PROVISION FOR THE APPOINTMENT AND FUNCTION OF A 
COMMISSION FOR INVESTIGATING, ENSURING AND SAFEGUARDING OF 
RIGHTS CONFERRED UPON RELIGIOUS AND LINGUISTIC MINORITIES 
OF THE STATE BY THE CONSTITUTION O F INDIA AND OTHER 
CONNECTED MATTERS. 
 
Be it enacted by the Legislature of the State of Jharkhand in the Fifty-Second Year of the 
Republic of India, as follows :- 
 
Chapter I 
 
1. Short title, extent and commencement – (1) This Act may be called the 
Jharkhand State Minorities Commission Act, 2001 
(2) It shall extend to the whole of State of Jharkhand. 
(3) It shall come into force at once. 
2.  Definition – In this Act, unless the context otherwise requires – 
(a) ‘Commission’ means the Jharkhand State Minority commission, as 
constituted under section 4 of the Act. 
(b) 'Government’ means Government of Bihar. 
(c) 'Minorities' means the person s belonging to religious and linguistic 
minorities residing in the State of Jharkhand to whom the Government has 
recognized as minorities. 
(d) "Prescribed" means prescribed by rules made under this Act. 
(e) 'Public Servant' means such person falling under the foll owing clauses, 
namely :- 
(i) Any such person appointed to a Public service or post in connection with 
the affairs of the State; 
(ii) any such person who is in service or draws pay of the following :- 
(a) any local authority in the State which is notified in the Official Gazette; 
(b) any Board or Corporation established by or under the State Act and owned 
or controlled by the State Government. 
(c) any society registered under  the Co -operative Societies Act, 1912 or 
Societies Registration Act, 1860 which is under to the control of the State 
Government and notified by the State Government in this behalf in the 
Official Gazette. 
3. Headquarters of Commission – (1) The headquarters o f the Commission shall 
be established at Ranchi. 
(2) The Government may establish one or more offices of the Commission at 
any other place in the State. 
 
4. Constitution of Commission – (1) The Government shall constitute a 
commission, called Jharkhand State Minorities Commission for the purposes 
of carrying out the objects of this Act. 
(2) the commission shall consist of a Chairman, Three Vice- Chairmen and 
maximum eight other Members who shall be no minated by the State 
Government (As amended by Jharkhand Sta te Minorities Commission 
(Amendment) Act 2017 (Jharkhand Act No. 10, 2017)). 
5. Term of Commission – (1) The term of the nominated Chairman, Vice 
Chairman or any member of the commission shall be for a term of three years 
from the date he assumes the charge of his office. Provided that – 
(a) the Chairman, Vice - Chairmen or any member of the Commission may 
resign from his office by writing under his signature addressed to the 
Government.  
(b) if at any time, it appears to the State Government that the Chairman, Vice - 
Chairman or any member of the Commission is unfit to hold his office or 
has been found to be guilty of misconduct or neglect of duties or abuse of 
power, which renders his removal from office of the Commission, 
necessary in public interest, the State Govern ment may b y notification in 
the official gazette, remove him from such office.  
 
6. Functions of Commission – (1) The functions of the Commission shall be as 
follows :- 
(a) to examine the working of various safeguards provided in the Constitution 
of India, and th e law passed by the State Legislature for protection of 
minorities of the State; 
(b) to make recommendations  with a view to ensuring effective 
implementation and enforcement of such safeguards and laws as 
mentioned in sub-clause (a)   
(c) to undertake review of th e implementation of policies and scheme s of the 
State Government for the welfare of minorities of the State; 
(d) to conduct studies, researches and analysis and make recommendations for 
the socio-economic uplift of the minorities of the State; 
(e) to make such rec ommendations as may be deemed necessary and proper 
for ensuring protection of rights and interests of the minorities of the State; 
(f) to make recommendations for ensuring, maintaining and promoting 
communal harmony in the State; 
(g) to make periodical reports at prescribed intervals to the government. 
 
(2)  The Government may by notification in the official gazette, confer upon 
the commission such additional functions in relation to the welfare and redress 
of grievances of the minorities of the state as may be spe cified in the 
notification. 
7. Status and emoluments – (1) The Government may from time to time, provide 
such status to the Chairman, Vice -Chairman or Members of the Commission 
and pay such salary, allowances and grant other facilities as may be 
prescribed. 
8. Power to investigate – (1) The Commission shall have power to examine the 
following matters, brought before it either by a complaint by the aggrieved 
person or by any institution or brought to the notice of the Commission from 
any other reliable source – 
(a) violation of any right, safeguard provided to the minorities by the 
Constitution of India or by any law passed by the State Legislature; 
(b) encroachment upon any place of worship and graveyard belonging to the 
minority community; 
(c) such circumstances and causes w hich may create an atmosphere of hatred 
or conflict or tend to create such atmosphere appearing to create hatred or 
conflict between different communities; and 
(d) any other matter connected with the welfare, protection and safety of 
minorities of the State : 
  Provided that the Commission shall not investigate into any such matter which is 
pending before any court or Tribunal or Quasi judicial body. 
9. Procedure for investigation – (1) If the Commission proposes to conduct an 
investigation under this Act, it may – 
(a) forward a copy of complaint or substance thereof to the concerned 
authority, department or public servant and call for a report or comments 
about the statements made in the complaint, within a specified time; 
(b) shall fix and organize meeting of the Commiss ion or its Members at the 
concerned place, with the aggrieved persons or institutions or with persons 
concerned to discuss the issue complained. 
(2) Excepting the above the procedure for conducting any investigation of any 
particular matter shall be such as ma y be prescribed by rules under this 
Act. 
(3) The initiation of an investigation under this Act shall not prevent any 
public servant from taking any further action in the matter under 
investigation. 
(4) For the purposes of conducting any investigation under this Ac t, the 
Commission may require any public servant or any other person, who in 
the opinion of the Commission, is able to furnish information or produce 
document, relevant to the investigation, to furnish any such information or 
produce copy of such document : 
Provided that copy of such document shall not be furnished, the supply of 
which is detrimental to the interest of the State and in Public interest. 
(5) The Commission shall have powers in respect of the following matters 
namely :- 
(a) Summon any person and exami ne him on oath. Non -
compliance of direction of the Commission by such person, in 
matters of production of documents and in appearance in 
person, shall make him liable for disciplinary action by the 
Government on the recommendation of the Commission; 
(b) Requisition any public record or copy thereof from any office; 
(c) issue commission for the examination of witnesses or 
documents; 
(d) such other matters as may be specified. 
(6) If the Government is of opinion that, the nature of the investigation to be 
made and other spec ial circumstances of the case, all or any of the 
provisions of sub -section (2) or (3) (4) or (5) of section 5 of the 
Commission of Enquiry Act, 1952 be made applicable to the Commission, 
the Government may, by notification in the official gazette, direct t hat all 
or any of the said provision s, as may be specified in the notification, shall 
apply to the commission and on the issue of such notification said 
provisions shall apply.  
 
10. Power to utilize services of agencies – The Commission may, for the purposes 
of conducting any investigation under this Act, utilize the service of any 
Officer or investigating agency of the State Government with the prior 
approval of the State Government. 
11. Statement made to the Commission - No statement made by a person to the 
Commission in the course of giving evidence either before the Commission or 
before the officer or agency as provided in Section 10 shall be used against 
him in any civil or criminal proceeding and shall n ot be used against him in 
civil or criminal proceeding on the basis of such statement but for giving such 
false statement prosecution shall be started against him. 
12. Protection of action taken in good faith – No suit, proceeding or other legal 
action shall lie against the Commission or Chairman, Vice - Chairman or any 
member thereof or any person acting under the direction of the commission, in 
respect of anything which is done in good faith or intended t o be done in 
pursuance of this A ct, by or under the authority of the Commission or any 
report, paper or proceedings of the Commission. 
13. Filling of vacancy or change in constitution  of Commission – (1) The 
Commission shall continue to function notwithstanding any vacancy caused 
by reason of resignation or otherwise of Chairman, Vice -Chairman or of any 
Member of the Commission. 
(2) The Government may at any stage fill such vacancy in the 
Commission. 
(3) If during the continuation of the Commission, a change has taken place 
in the constitution of the Commission by reason of any vacancy having 
been filled or by any other reason; it shall not affect any investigation, 
proceedings or action already taken by the Commission. 
14. Chairman etc. to be public servants – The Chairman, Vice - Chairman and 
every member of the Commission and every officer appointed or authorized 
by the Commission to exercise functions under this Act shall be deemed to be 
public servant within the meaning of Section 21 of the Indian Penal Code (45 
of 1860). 
15. Procedure of Commission – The Commission shall, subject to any procedure 
made in this behalf, have powers to r egulate its own procedure, including the 
fixing of places and time of its meetings. 
16. Staff of the Commission – (1) The secretary of the administrative depart ment 
of the Government or any officer not below the rank of Deputy Secretary 
nominated by the Government shall be the ex-officio Member-Secretary of the 
Commission. 
(2) The Government shall provide such other staff to the Commission, as may 
be required for the proper functioning of the Commission.  
 
17. Submission of Reports – (1) The Commission shall present an nually a 
consolidated report on the performance of its functions under this Act to the 
Government.  
(2) The Commission may , at its discretion, submit from time to time special 
reports on any matter of public importance to the Government. 
(3) On receipt of the annu al report under sub -section (1) or a special report 
under sub-section (2), the Government shall lay a copy thereof, with an 
explanatory memorandum before each House of the State Legislature.  
18. Power to make rules  – (1) The Government may, b y notification, in the 
official gazette, make rules for the purposes of carrying out the provisions, of 
this Act. 
(2) In particular and without prejudice to the generality or the foregoing 
provisions, such rules may provide for – 
(a) to determine the status of Chairman and Vice -Chairman of 
Commission; 
(b) the salary, allowance and other emoluments payable to the 
Chairman, Vice -Chairman and Members of the Commission 
and other conditions of their service; 
(c) any other matter, which is to be or may be prescribed in 
pursuance of the provision s of the Act and that provision is in 
the opinion of Government necessary for the proper 
implementation of this Act. 
(3) Every rule made under this Act shall be laid as soon as may be after it 
is made, before each House of State Legislature while it is in sess ion 
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 so laid or the sessio ns immediately following, 
both H ouses agree in making any modificatio n in the rule or both 
Houses agree that the rule should not be made, the rule shall hereafter 
have effect only in such modified form, or be of no effect, as the case 
may be, without prejudice to the validity of anything previously done 
under that rule. 
 
 

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