The rajasthan state commission for minorities act, 2001

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Hkkx ¼d½ jktLFkku jkt&i=] fnlEcj 13] 2001
LAW (LEGISLATIVE DRAFTING) DEPARTMENT
(Group-II)
NOTIFICATION
Jaipur, December 13, 2001
No. F. 2(14) Vidihi/2/2000. - In pursuance of clause (3) of Article 348 of the
Constitution of India, the Governor is pleased to authorize the publication in the
Rajasthan Gazette of the following translation in the English language of the
Rajasthan Rajya Alpsankhyak Aayog Adhiniyam, 2001 (2001 Ka adhiniyam sankhya
8).:-
(Authorised English Translation)
The Rajasthan State Commmission For Minorities Act, 2001
(Act No. 8 of 2001)
[Received the assent of the Governor on the 12th day of December, 2001]
An
Act
to constitute a State Commission for Minorities and to provide for matters
connected therewith and incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty second year of
the Republic of India as follows:-
CHAPTER-I
PRELIMINARY

1. Short title, extent and commencement – (1) This act may be called the
Rajasthan State Commission for minorities Act, 2001.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. – In this Act, unless the context otherwise requires, -
(i) “Commission” means the Rajasthan State Commission for Minorities
constituted under section 3;
(ii) “Member” means as member of the Commission;
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(iii) “Minority” for the purpose of this Act means a community notified as such
by the Central Government for the purpose of the National Commission for Minorities
Act, 1992 (Central Act No. 19 of 1992).
CHAPTER II
THE STATE COMMISSION FOR MINORITIES
3. Constitution of the Commission. - (1) The State Government shall
constitute a body to be known as the Rajasthan State Commission for Minorities to
exercise the power conferred on, and to perform the functions assigned to it under
the Act.
(2) The Commission shall consist of a Chairperson and four Members to be
norminated by the State Government from amongst persons of eminence, ability in
integrity:
Provided that the Chairperson and at least three Members shall be from
amongst the minority communities.
4. Term of office and conditions of service of Chairperson and
Members.-(1) The Chairperson and every Member shall hold office for a term of
three years from the date he assumes charge.
(2) The Chai rperson or a Member may, by writing under his hand addressed
to the State Government, resign from the office of 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 if that person-
(a) become an undischarged insolvent;
(b) is convincted and sentenced to imprisonment for an offence which in the
opinion of the Sate Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or become incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absents from
three consecutive meetings of the Commission; or
(f) has in the opinion of the State Government, so abused t he position of the
Chairperson or Member as to render that person’s continuance in office detrimental
to the interest of minorities or the public interest:
Provided that no person shall be removed under this clause until hehas been
given a reasonable opprotuntiy of being heared in the matter.
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(4) A vacancy caused under sub -section (2) or otherwise shall be filled by
fresh nomination.
(5) The salaries 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. Secretary and Staff and their salary etc. (1) The State Government shall
provide the Commission with a Secretary and such other officers and employees as
may be necessary for the efficient functioning of the Commission under this Act.
(2) The salaries and other allowances payable to and the other terms and
conditions of Service of the Secretary, other officers and employees appointed for
the purpose of the Commission shall be such as may be prescribed.
6. Salaries and allowances to be paid out of grants. - The salaries and
allowances payable to the Chairperson and Members 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 12.
7. Vacancies not to invalidate proceedings of the Commission. - No act or
proceeding of the Commission shall be called in question or shall be invalid merely
on the ground of the existence of any vacancy or defect in its Constitution.
8. Procedure to be regulated by the Commission. - (1) The Headquarters of
the Commission shall be at Jaipur.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated b y the
Secretary or any other officer of the Commission duly authorised by the Chairperson
in this behalf.
CHAPTER-III
FUNCTIONS OF THE COMMISSION
9. Functionsof the Commission. - 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 for minorities in the
Constitution and in laws enacted by the Parliament and the State Legislature;
(c) make recommendations for the effective implementation of safeguards
for the protection of the interests of minorities by the State Government.
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(d) look into specific complaints regarding deprivation of rights and
safeguards of the minorities and take up such maters with approp riate 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 appropriatre measures in respect of any welfare schemes for
minorities to be undertaken by the State Government.
(h) make periodical or special reports to the State Government;
(i) look into any other matter which may be referred to it by the
Government, the general public, the press, or take sub moto cognizance of any
rights infringement as in perceived by the Commission to be detrimental to the cause
of minoritie s and to suggest for appropriate remedial measures to the State
Government.
10. Commission to have powers of Civil Court. - (1) The Commission shall,
while performing any of its functions, have the powers of a Civil Court trying a suit
and in particular in respect of the following matters, namely:-
(a) summoning an 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) requisitioning any public record or copy thereof from any office;
(e) issue commissions for examination of witnesses and documents; and
(f) any other matter which may be prescribed.

(2) Every proceeding before the Commission shall be deemed to be judicial
proceedings within the meaning of section 193 and 228 as also for the purposes of
section 196 of the Indian Panel Code, 1860 (CentralAct 45 of 1860) and the
Commission shall be deemed to be a Civil Court for all the purposes of section 195
and Chapter XXVI of the Code of Criminal procedure, 1974 (Central Act 2 of 1974).
11. State Government to consult the Commission. - The State Government
may, from time to time, consult the Commission on major police matter affecting
minorities.
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CHAPTER IV
FINANCE, ACCOUNTS AND AUDIT
12. Grants by the State Government. - (1) The State Government shall, after
due appropriation made by the State Legislature by law in this behalf, pay to the
Commission by way of grant such sums of money as State Government make think
fit for being utrilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fir 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).
13. Accounts and Audit. - (1) The Commission shall maintain proper
accounts and other relevant records and prepare and annual statement of accounts
in such forms as may be prescribed by the State Government in consultation with the
Accountant Gernal, Rajasthan.
(2) The Accounts of the Commission shall be audited by the Accountant
General at such intervals as may be specified by him and any expenditure in
connenction with such audit shall be payable by the Commission to the Accountant
General.
(3) 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,
connection vouchers and other documents and papers and to inspect any of the
offices of the Commission.
(4) On receipt of the Audit Report the Commission shall, as soon as may be,
submit the same to the State Government together with memorandum of
explanations and the State Government shall cause the Audit Report to be laid
before the House of State Legislature.
CHAPTER-V
MISCELLANEOSU
14. Annual and special reports of the Commission. - (1) The Commission
shall prepare in such from and at such time, for each financial year, as may be
prescribed, its annual report, giving a full account of its activities during the previo us
financial year and submit that report to the State Government and may at any time
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submit special reports on any matter which, in its opinion, is such urgency or
importance that it should not be deferred till submission of the annual report.
(2) The Sta te Government shall cause the annual and special reports of the
Commission to be laid before the House of the State Legislature, alongwith a
memorandum of action taken or proposed to be taken on the recommendations of
the Commission and the reasons for nonacceptance of the recommendations, if any.
15. Chairperson, Members, Officers and employees of the Commmission
to be public servants. – The Chairperson, members, officers and other employees
of the Commission shall be deemed, when acting on purporting to act in pursuance
of any of the provisions of this Act, to be public servants within the meaning to
section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860).
16. Power to make Rules. (1) The State Government may by notification in
the Official Gazette, make rules for carrying out the purposes of this Act.
(2) In particulars, 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, Members, Secretary and other employees of the
Commission;
(b) any other matter refered to in caluse (f) of sub-section (1) of section 10;
(c) the from in which the account shall be mai ntained and the annual
statement of accounts shall be prepared under sub-section (1) of section 13;
(d) the from in which and the date by which the annual report shall be
prepared under section 14;
(e) any other matter which is required to be or may be prescribed.
(3) All rules under this Act be laid, as son as may be, after they are so made,
before the House of the State Legislature, while it is in session for a period of not
less than fourteen days which may be comprised in one session or in two successive
sessions, and, if, before the expirty of the session in which they are so laid or of the
session immediately following, the House of State Legislature makes any
modification in any such rules, or resolves that any such ruoles should not be made,
such rules 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 thereunder.
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17. Power to remove difficulties.- (1) If any difficulty arises in giving effect to
the provisional of this Act, the State Government may, by order published in the
Official Gazette, make such provisions, not inconsistent with the provisions of this
Act as appears 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 mde under this Section shall, as soon as may be after it is
made, be laid before the House of the State Legislature.

Hkao: [kka
Secretary to the Government
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