The Tamil Nadu State Minorities Commission Act, 2010.

o
GOVERNMENT OF TAMIL NADU
2010
[Regd. No. TN/GGN/467/2009-1 1.
[R. Dis. No. 19712009.
[Price: Rs.6.40 Paise.
TAMIL NADU
GOVERNMENT
EXTRAORDINARY
GAZETTE
PUBLISHED BY AUTHORITY
No. 1541 CHENNAI, THURSDAY, MAy 27,2010
Vaikasi 13, Thiruvalluvar Aandu-2041
Part lV-Section 2
Tamil Nadu Acts and Ordinances
CONTENTS
Acts: Pages.
No. 19 of 201O-Tamil Nadu Civil Courts and the Chennai City Civil Court
(Amendment)Act 76
No.20of 201O-Tamil Nadu Sales Tax(SettlementofArrears)Act .. .. 77-81
No.21 of 2010-Tamil Nadu State MinoritiesCommissionAct 83-87
No.22of 201O-Tamil Nadu Value AddedTax(SecondAmendment)Act .. 89
tV-2 Ex. (1s4)-i tV-2Ex. (154)-1a l75l tV-2 Ex. (154)-2 lV-2 Ex. (154)-2a
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 83
The following Act of the Tamil Nadu Legislative Assembly received the assent of ihe
Governor on the 26th May 2010 and is hereby published for general information:-
ACT No. 2'l OF 2010.
An Act to constitute a Sfafe Commission for Minorities and to provide for
matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year
of the Republic of lndia as follows:-
CHAPTER-I
PRELIMINARY.
1. (1) This Act may be called the Tamil Nadu State Minorities Commission Act, 2010. Short tltle,
(2) lt extends to the whole of the State of Tamil Nadu. :;H[X::
(3) lt shall come into force on such date as the State Government may, by notification, 
ment'
appoint.
2. ln this Act, unless the context otherwise requires,- Definitions.
(a) "Commissron" 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.
CHAPTER-II.
TAMIL NADU STATE MINORITIES COMMISSION.
3. (1)The Government shall, by notification, constitute a body to be known as the Constitution
Tamil Nadu State Minorities Commission to exercise the powers conferred on, and to perform of the
the functions assigned to, it under this Act. commission'
(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 State.
4. (1) The Chairperson and every member of the Commission shall hold office for Termofoffice
such period, not exceeding three years, as may be specified by the Government in this behalf. and
conditions of
service ofthe
Chairperson
and
(2) rhe Chairperson or a member may, at any time, by writing and addressed 
members
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.
84 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Procedure to
be regulated
by the
Commission
Vacancies,
etc. not to
invalidate
proceedings
of the
Commission.
Officers and
other
employees of
the
Commission.
Functions of
the
Commission
(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;
(b) is convicted and sentenced to imprisonment for an offence which, in the
opinion of the Government, involves moral turpitude;
(c) becomes of 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;
(D in the opinion of the Government, has so abused the position of Chairperson
or member, as the case may be, as to render that person's continuance in office detrimental
to the public interest:
Provided that no member shall be removed from office under this sub-section until that
member has been given a reasonable opportunity of being heard in the matter.
(5) A vacancy caused under sub-section (2) or sub-section (4) or otherwise shall
be filled by fresh nomination by the Government and the person so nominated shall hold
office for the remainder of the term of office of the person in whose vacancy such person
has been nominated would have held office, if the vacancy had not occurred:
Provided that if a vacancy of a member, other than that of the Chairperson, occurs
within six months preceding the date on which the term of office of the member expires,
such vacancy shall not be filled in.
Explanation.- For the purpose of this section, "member" does not include
"Member-Secretary".
5. (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.
6. 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.
7. (1) The Government shall provide the Commission with such officers and employees
as may be necessary forthe 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.
CHAPTER-III.
FUNCTIONS OF THE COMMISSION.
8. (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, the functions
of the Commission shall be as follows:-
Central Act
19of1992.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 85
(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 tf,e *orf,ing 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 of avoidance of
discriminations against minorities;
(e) to make a factual assessment of the representation on minorities in the
services of the Government undertakings, Government and quasi-Government bodies and
in case the representation is inadequate, to suggest ways and means to achieve the desired
level;
(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,
(h) to study any other matter which in the opinion of the Commission is important
from the point of view of the welfare and development of minorities and to make appropriate
recommendation;
(r) to consider the grievances of the minorities and to suggest appropriate
solution, from time to time;
fi) to look into specific complaints regarding deprivation of rights and safeguards
of minorities and take up such matter with the appropriate authorities; and
(k) any other matter which may be referred to it by the Government.
(2) The Commission shall, while performing any of these functions, have all the
Centrat Act powers of a civil court trying a suit under the Code of Civil Procedure, 1908 and in particular,
Vof 1908. in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person 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 court or office;
(e) issuing commissions for the examination of witnesses and documents; and
(D any other matter which may be prescribed.
(3) The Government shall cause the recommendations of the Commission to be
laid before the Legislative Assembly along with the memorandum explaining the action taken
or proposed to be taken on the recommendations and the reasons for non-acceptance,
if any, of any of such recommendations.
86 TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY
Grants by the
Government
Annual
accounts and
audit.
Annual report
Annual report
and audit
report to be
laid before
the
Legislative
Assembly.
Charrperson,
members and
staff of the
Commission
to be public
servants.
Protection of
action taken
in good faith.
CHAPTER-IV.
FINANCE, ACCOUNTS AND AUDIT.
9. (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).
10.(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 forurard
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 appropriate action forthwith to remedy any defect
or irregularity that may be pointed out in the audit report.
(6) The accounts of the Commission as certified by the auditor together with the
audit report along with the remarks of the Commission thereon shall be forwarded to the
Government within such time as may be prescribed.
(7) The Government may, by order in writing, direct the Commission to take such
action as may be specified in the order to remedy, within such time as may be specified
therein, the defects, if any, disclosed in the audit report, and the Commission shall comply
with such direction.
1'l.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.
12.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.
CHAPTER - V.
MISCELLANEOUS.
13. 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
within the meaning of section 21 of the lndian Penal Code.
14. 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.
Central Act
XLV of 1 860.
TAMIL NADU GOVERNMENT GAZETTE EXTRAORDINARY 87
15. lf any difficulty arises in giving effect to the provisions of this Act, the Government
may, by an order, published inlhe Tamil Nadu GovernmentGazette, 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.
16. (1)The Government may make rules for carrying out all or any of the purposes
of this Act
(2) ln particular, and without prgudice 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 sub-section (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 sub-section (1) of section 10;
(c) the form in which, and the time at which the annual report shall be prepared
under section 11;
(d) any other matter which is required to be, or may be, prescribed under this
Act.
(3) (a) All rules made under this Act shall be published in the
Tamil Nadu Government Gazette and, unless they are expressed to come into force on
a particular day, shall come into force on the date on which they are so published.
(b) All notifications issued under this Act shall, unless they are expressed to come
into force on a particular day, shall come into force on the date on which they are so published.
(4) Every rule made or notification or order issued under this Act shall, as soon
as possible, after it is made or issued, be placed on the table of the Legislative Assembly
and if, before the expiry of the session in which it is so placed or the next session, the
Legislative Assembly makes any modification in any such rule, notification, or order, or the
Legislative Assembly decides that the rule, notification, or order should not be made or issued,
the rule, notification, or order 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,
notification or order.
(By order of the Governor)
S. DHEENADHAYALAN,
Secretary to Government,
Law Department.
Power to
remove
difficulties
Power to make
ru les.
o
GOVERNMENT OF TAMIL NADU
201 0
[Regd. No. TN/CCN/467/2009-1'1.
[R. Dis. No. 197/2009.
[Price: Re.0.80 Paise.
TAMIL NADU
GOVERNMENT
EXTRAORDINARY
GAZETTE
PUBLISHED BY AUTHORITY
No. 2311 CHENNAI, THURSDAY, JULY 29,2010
Aadi 13, Thiruvalluvar Aandu-2041.
Part ll-Section 2
Notifications or Orders of interest to a section of the public
issued by Secretariat Departments,
NOTIFICATIONS BY GOVERNMENT
BACKWARD CLASSES, MOST BACKWARD CLASSES AND MINORITIES WELFARE DEPARTMENT
DATE OF COMING INTO FORCE OF THE TAMIL NADU STATE MINORITIES COMMISSION ACT, 2010,
[G.O. Ms. No. 61 , Backward C/asses, Most Backward Classes and Minorities Welfare (MWRU),
29th July 2010, Aadi 13, Thiruvalluvar Aandu-2A41 .l
No. ll(2)/BCMBCMW486(s -1|t201 0.
ln exercise of the powers conferred by sub-section (3) of Section 1 of the Tamil Nadu State Minorities Commission Act, 2010
(Tamil Nadu,Act 2"1 of 2010), the Governor of Tamil Nadu hereby appoints the 1st day of August 2010, as the date on which
the said Act shall come into force.
CONSTITUTION OF CERTAIN PERSONS AS MEMBERS TO THE TAMIL NADU STATE MINORITIES COMMISSION
FOR CERTAIN PERIOD UNDER TAMIL NADU STATE MINORITIES COMMISSION ACT.
[G.4. Ms. No. 61 , Backward C/asses, Most Backward C/asses and Minorities Welfare (MWRU),
29th July 2410, Aadi 1 3, Thiruvalluvar Aandu-2041 .l
No. ll(2)/BCMBCMW486{s.2)l?01 0.
ln exercise of the powers conferred by sub-section (1)of Section 3 read with sub-section (1)of Section 4 of the Tamil Nadu
State Minorities Commission Act, 20'10 (Tamil Nadu Act 21 of 2010), the Governor of Tamil Nadu hereby constitutes the Tamil Nadu
State Minorities Commission to exercise the powers conferred on" and to perform the functions assigned to it under the said Act
with the following members, namely:-
1. Arul Thiru Vincent Chinnadurai - Chairperson
2. Dr. Thiru. P.C. Reddy - Member
3. Thiru V. Abdur Rahim - Member
4. Thiru P. Pyarelal Jain - Member
5. Thiru Kavingar Nagore Jafarullah - Member
6. Thiru Venerable Bikku Mauriya Methapaul - Member
7. Commissioner of Minorities Welfare, Chennai-2 - Member-Secretary,
2. The Chairperson ar'.lci every member of the Commission shall hold office for a period of three years
from the 1st day of August 2010.
T.N. MMANATHAN,
Secretary to Government.
PRINTED AND PUBLISHED BY THE DIRECTOR OF STATIONERY AND PRINTING, CHENNAI
DTp-ll-2 Ex. (231) ON BEHALF OF THE GOVERNMENT oF TAlvllL NADU

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