The Kerala State Commission for Minorities Act, 2014

[Translation in English of “2014- ലലെ കകേരള സസംസസ്ഥാന നനന്യൂനപക
കേമമ്മീഷന്‍ ആകക'' published under the authority of the Governor.]
ACT 5 OF 2014
 THE KERLA STATE COMMISSION FOR MINORITIES ACT, 2014*
An Act to constitu -te a State Commission for the comprehensive educational
advancement, welfare, protection and empowerment of Minorities and
to provide for matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to constitute a Commission for the
comprehensive  educational  advancement,  welfare,  protection  and
empowerment of Minorities in the State of Kerala and to provide for matters
connected therewith or incidental thereto;
BE it enacted in the Sixty-fifth Year of the Republic of India as
follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.–(1) This Act may be called the Kerala
State Commission for Minorities Act, 2014.
(2) It shall be deemed to have come into force on the 15 th day of
May, 2013.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Commission” means the Kerala State Commission for Minorities
constituted under Section 3;
(b) “Government” means the Government of Kerala;
*  Received the assent of the Governor on the 13th day of February,2014 and published in the Kerala Gazette 
Extraordinary No.495 dated 13th February, 2014.
2
(c) “Member” means a member of the Commission and includes the
Chairperson;
(d)  “Minority”  means  a  community  notified  by  the  Central
Government under the National Commission for Minorities Act, 1992 (Central
Act 19 of 1992);
(e) “prescribed” means prescribed by rules made under this Act.
CHAPTER II
3. Constitution of the Kerala State Commission for Minorities. —(1) The
Government shall, as soon as may be, after the commencement of this Act,
by notification in the Gazette, constitute a body to be known as the “Kerala
State Commission for Minorities” to exercise the powers and to perform the
functions conferred on it under this Act.
(2) The Commission shall consist of the following members, namely:—
(a) a Chairperson belonging to a minority community in the State,
having special knowledge in matters relating to the minority and knowledge
in law, nominated by the Government;
(b) a member belonging to [a] 1 minority community in the State
and having special knowledge in matters relating to minority, nominated by
the Government;
(c) a woman belonging to minority community in the State having
special knowledge in matters relating to minority and who has proved
working excellence in such matters, nominated by the Government.
(3) An offer not below the rank of an Additional Secretary to
Government, who shall be the Member Secretary and the Chief Executive
1Substituted by Act 5 of 2017 (w.e.f. 03-02-2017).
3
Officer of the Commission and who shall exercise such kind of powers and
discharge the functions as the Commission may, by its order, authorise.
4.  Term  of  office  and  conditions  of  service  of  Chairperson  and
Members.—(1) Each member may continue in office till the completion of
three years from the date on which he assumes office.
(2) The Chairperson or member of the Commission may, at any time,
by giving intimation to the Government in writing under his hand, resign his
office.
(3) The Government shall remove a person from the office of the
Chairperson or of a member, if that person,—
(a) becomes an undischarged insolvent; or 
(b) has been convicted and sentenced to imprisonment for an
offence which, in the opinion of the Government, involves moral turpitude;
or
(c)  becomes  of  unsound  mind  and  stands  so  declared  by  a
competent court; or
(d) refuse to work or becomes incapable to work; or
(e) without obtaining prior permission from the Commission, does
not attend three consecutive meetings of the Commission; or
(f) in the opinion of the Government, has so abused the official
position of Chairperson or Member as to render that person’s continuance in
office detrimental to the interest of minorities or public interest:
Provided that no person shall be removed under this sub-section unless
that person has been given an opportunity of being heard in the matter.
4
(4) The vacancies occurred under sub-section (2) or otherwise shall be
filled by fresh nomination and a person so nominated shall continue in
office for the remaining period of the tenure of the person in whose place
he is nominated.
(5) The salary and allowances payable to, and the other terms and
conditions of service of, the Chairperson and Members shall be such as may
be prescribed.
5.  Officers  and  other  employees  of  the  Commission.—(1)  The
Government shall provide such officers and other employees as may be
required for the efficient performance of the Commission.
(2)  The  salary  and  allowance  payable  to,  and  the  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.
6.  Salary, allowances and administrative expenses to be paid out of
grants.—The salary and allowances payable to the Chairperson and Members,
and the administrative expenses, including salary, allowances and pension
payable to the officers and other employees referred to in sub-section (1) of
section 5, shall be paid out of the grant referred to in sub-section (1) of
section 15.
7. Vacancies etc., not to invalidate proceedings of the Commission. — No
act or proceeding of the Commission shall be invalid on the ground of any
defect in the constitution of the Commission or the existence of vacancy in
the Commission in any manner.
8. Procedure to be regulated by the Commission. —(1) The Commission
shall meet whenever necessary at such time and place as the Chairperson
thinks fit:
Provided that such meeting shall be held at least once in three months.
5
(2) The Commission shall have the power to regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by
the Member Secretary.
(4) The quorum for the meeting of the Commission shall be two.
CHAPTER III
POWERS AND FUNCTIONS OF THE COMMISSION
9.  Functions of the Commission. —The Commission shall perform the
following functions, namely:—
(a) to evaluate the progress of the development of minorities in the
State;
(b) to enquire and monitor the manner of functioning of various
safeguards provided, in the Constitution of India or under any other law or
under  any  order  of  the  Government,  for  the  welfare,  protection  and
empowerment of the minorities in Kerala;
(c) to enquire in to specific complaints about deprivation of social,
economic, educational and linguistic rights, safeguards and benefits of the
minorities, to bring such matters into the notice of authorities concerned, to
suggest remedial measures and to monitor the follow-up actions thereon;
(d) to participate in and give creative suggestions on, the planning
programmes for the educational, social and economic development of the
minorities;
(e) to make recommendations as to the steps to be taken by the
Government for the effective implementation of the measures and safeguards
for the educational, social and economic development, welfare and protection
of the minorities and to make report to the Government either annually or
6
at such other time, as the Commission may deem fit and to monitor their
timely implementation;
(f) to cause studies to be undertaken into various problems arising
out of discrimination towards minorities and recommend measures for their
removal;
(g)  to  conduct  studies,  research  and  analysis  and  to  organize
seminars, symposium and awareness classes on the issues relating to social,
economic and educational advancement of minorities;
(h) to suggest appropriate measures to be adopted by the Government
in respect of minority;
(i) to submit report to the Government periodically or specially, on
any matter pertaining to minorities, particularly in respect of difficulties
being faced by them and their remedial measures;
(j) to discharge such other functions in relation to the protection,
welfare,  development  and  advancement  of  the  minorities,  as  may  be
prescribed;
(k) to take necessary steps to ensure the representation of minorities
proportionate to their population in various employment projects and social
development projects;
(l) to ensure the efficient functioning of the law and order system in
communal conflict prone areas and to bring lapses to the notice of the
Government;
(m) any other matter pertaining to minorities, entrusted by the
Government.
10. Supervision of issuing Minority Community Certificate .—If any case
of difficulty in the matter of issuing of Minority Community Certificate, in
7
the manner and form specified by the Government, to persons belonging to
Minority Communities residing in the State,  comes to the notice of the
Commission, the Commission may report the same to the Government and
suggest remedial measures.
11.  Laying of Report. —The State Government shall cause the reports
referred to in clause (e) of section 9, to be laid before the Legislative
Assembly explaining the action taken or proposed to be taken thereon and
also the reasons, if any, for non-acceptance of the recommendations.
12. Powers of the Commission .—(1) The Commission, while performing
its functions under section 9, shall have all the powers of a Civil Court
trying a suit and in particular, in respect of the following matters, namely:
—
(a) summoning and enforcing the attendance of any person from
any part of the State and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) demanding any public record or copy there of from any court,
office or other institutions;
(e) the examination of witnesses and inspection of records; and 
(f) any other matter as may be prescribed.
(2) Subject to the claim that may be raised by any person that he
has special powers under any existing law, the Commission shall have the
power to require any person to furnish information  relating to any matter
or subject which in the opinion of the Commission are the basis of, or
relevant to, the subject of inquiry and the person so required shall be
included within the meaning of sections 176 and 177 of the Indian Penal
8
code, 1860 (Central Act 45 of 1860) and be deemed to be liable as per law to
furnish such information.
(3) If the Commission or any officer not below the rank of Gazetted
Officer, who is specially authorised by the Commission in this behalf, has
sufficient reason to believe that records connected with the subject under
enquiry are likely to be traced, may enter into any building or place at the
time as may be prescribed and subject to the provisions of section 100 of
the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), to the extent
they are applicable, seize any such record or take its extracts or copies.
(4) The Commission shall be deemed to be a civil court and where an
offence as defined in sections 175, 178, 180 and 228 of the Indian Penal
Code, 1860 (Central Act 45 of 1860) is committed in the presence of the
Commission, the Commission shall, after recording the statement of the
accused and the facts pertaining to the offence as provided in the Code of
Criminal  Procedure,  1973  (Central  Act  2  of  1974),  the  same  shall  be
transferred to the Magistrate having jurisdiction to try it and the Magistrate
shall proceed to hear the complaint against the accused as if it has been
transferred to him under section 346 of the Code of Criminal Procedure,
1973 (Central Act 2 of 1974).
(5) All the proceedings before the Commission under section 9 shall,
for the purposes of section 196 of the Indian Penal Code, 1860 (Central Act
45 of 1860), be deemed to be the judicial proceedings within the meaning of
sections 193 and 228 and for all the purposes of Chapter XXVI and section
195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the
Commission shall be deemed to be a civil court.
(6) The Commission may, for the purpose of taking evidence in
connection with enquiries, utilise the services of any officer of the State
Government or investigation agency.
9
(7) The officer or investigation agency whose services have been
utilised under sub-section (6), shall take evidence after making enquiry
relating to it and the report thereon shall be submitted to the Commission
within the period fixed by the Commission in this behalf.
(8) The Commission shall satisfy itself regarding the correctness of
any inferences arrived at in the report or facts in the report submitted
under sub-section (7) and for this purpose it may conduct enquiry as it
deems fit, including the examination of the person who had taken the
evidence or assisted for the same.
13. Statements given by individuals to the Commission .—The statement
given by an individual about himself at the time of giving evidence before
the Commission,  shall not  be  used against  the  said  individual  in the
proceedings before any civil court or criminal court, except in prosecution
proceedings for giving false evidence by such statement:
Provided that such statement shall be,—
(a) given as  a reply  to  a question which  is required  by  the
Commission to be answered by that person; or
(b) relevant to the subject matter in which the evidence is taken.
14. Individuals likely to be affected prejudicially to be heard .—At any
stage of taking evidence, if the Commission,—
(a) is of the opinion that it is necessary to enquire into the conduct
of any individual; or
(b) is of the opinion that taking of evidence will prejudicially affect
the reputation of any individual;
10
such person shall be given a reasonable opportunity of being heard, to
produce evidence to defend and to conduct in camera proceedings if he so
requests by an application, in the enquiry. 
CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
15.  Grants by the Government .—(1) 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, which is considered to
be necessary for being utilised for the purposes of this Act.
(2) The Commission may spend such sums, out of grants, 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).
16.  Accounts and Audit .—(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.
(2) The accounts of the Commission shall be audited annually by the
auditor entrusted by the Comptroller and Auditor General in this behalf.
(3) All the accounts and other records of the Commission shall be
made available to the auditor for the purpose of the audit.
17.  Audit report to be laid before the Legislature .—The Government
shall cause the audit reports to be laid, as soon as may be after they are
received, before the Legislative Assembly.
18.  Annual Report .—The Commission shall, for each financial year,
prepare annual report giving complete information of its activities in the
11
previous financial year in the prescribed form and time and shall also
forward a copy of it to the Government directly.
CHAPTER V
MISCELLANEOUS
19. Chairperson, Members and employees of the Commission to be public
servants.—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, 1860 (Central Act 45 of 1860).
20. Power to make rules .—(1) The Government may, by notification in
the Gazette, make rules for carrying out the purposes of this Act, either
prospectively or retrospectively.
(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) the manner and form of issuing Minority Community Certificate
by the State Government under section 10;
(c) any other matter under clause (f) of section 12;
(d) the form of annual statement of accounts to be prepared under
sub-section (1) of section 16;
(e) the form in, and time at, which the annual report shall be
prepared under section 18;
12
(f) any other matter which is 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 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 so laid or the session immediately following, the Legislative Assembly
makes any modification in the rule or decides 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; so however that any such modification or
annulment shall be without prejudice to the validity of anything previously
done under that rule.
21. Power to remove difficulties .—(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order published
in the Gazette, make provisions not inconsistent with the provisions of this
Act which 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 the Legislative Assembly.
22. Repeal and saving .—(1) The Kerala State Commission for Minorities
Ordinance, 2013 (44 of 2013) is hereby repealed.
(2) Notwithstanding such repeal, anything done or deemed to have
been done or any action taken or deemed to have been taken under the said
Ordinance shall be deemed to have been done or taken under this Act.

‹ Prev All Kerala acts Next ›