LexThe Telangana State Minorities Commission Act, 1998.
Telangana · state statute
Open in Lexace · Ask the AI about this actTHE TELANGANA STATE MINORITIES COMMISSION ACT, 1998.
(ACT NO. 31 OF 1998)
ARRANGEMENT OF SECTIONS
Sections
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement.
2. Definitions.
CHAPTER - II
TELANGANA STATE MINORITIES COMMISSION
3. Constitution of the Telangana State Minorities
Commission.
4. Meetings of the Commission.
5. Composition of the Commission.
6. Term of office and conditions of services of Chairman
and Members.
7. Appointment of officers and other employees of the
Commission.
8. Salaries and allowances to be paid out of grants.
9. Vacancies etc., not to invalidate proceedings of the
Commission.
10. Procedure to be regulated by the Commission.
CHAPTER - III
POWERS AND FUNCTIONS OF THE COMMISSION
11. Powers of the Commission.
12. Functions of the Commission.
13. Annual Report.
2 [Act No. 31 of 1998]
CHAPTER - IV
FINANCE, ACCOUNTS AND AUDIT
14. Accounts and Audit.
15. Grants by the Government.
CHAPTER - V
MISCELLANEOUS
16. Constitution of Cells.
17. Chairman, Vice-Chairman/ Members and employees of
the Commission to be public servants.
18. Power to make rules.
19. Omitted.
THE TELANGANA STATE MINORITIES COMMISSION
ACT, 1998.1
ACT No.31 OF 1998.
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the 2Telangana State
Minorities Commission Act, 1998.
(2) It extends to the whole of the State of 2Telangana.
(3) It shall come into force on such date as the
Government may, by notification appoint.
2. In this Act, unless the context otherwise requires,-
(a) “Chairman” means the Chairman of the
2Telangana State Minorities Commission appointed under
section 5;
(b) “Commission” means the 2Telangana State
Minorities Commission constituted under section 3;
(c) “Government” means the Government of
Telangana;
1. The Andhra Pradesh State Minorities Commission Act, 1998 received
the assent of the President on the 25th November, 1998. The said Act in
force in the combined State, as on 02.06.2014, has been adapted to the
State of Telangana, under section 101 of the Andhra Pradesh
Reorganisation Act, 2014 (Central Act 6 of 2014) vide. the Andhra
Pradesh State Minorities Commission Act (Telangana Adaptation) Order,
2014, issued in G.O.Ms.No.3, Minorities Welfare (Estt.II) Department,
dated 22.08.2014.
2. Substituted by G.O.Ms.No. 3, Minorities Welf are (Estt.II) Department,
dated 22.08.2014.
Short title, extent
and
commencement.
Definitions.
2 [Act No.31 of 1998]
(d) “Minority” means the persons who profess faith in
any one of the following religions namely:-
(i) Buddhism;
(ii) Christianity;
(iii) Islam;
(iv) Sikhism;
(v) Zorastrianism;
irrespective of the language spoken by them;
(e) “Notification” means a notification published in the
3Telangana Gazette and the word „notified‟ shall be
construed accordingly;
(f) “Prescribed” means prescribed by rules made by
the Government under this Act;
(g) “Vice-Chairman” means the Vice -Chairman of
3Telangana State Minorities Commission appointed under
section 5.
CHAPTER - II
3TELANGANA STATE MINORITIES COMMISSION
3. (1) The Government may, by notification, constitute a
body to be known as the 3Telangana State Minorities
Commission to exercise the powers conferred on, and to
perform functions assigned to it under the Act.
3. Substituted by G.O.Ms.No.3, Minorities Welfare (Estt.II) Department,
dated 22.08.2014.
Constitution of the
3Telangana State
Minorities
Commission.
[Act No.31 of 1998] 3
(2) The Commission shall be a body corporate havi ng
perpetual succession and a common seal, with power,
subject to the provisions of this Act and rules made
thereunder, to acquire, hold and dispose of property and to
enter into contracts and shall in the said name sue and be
sued.
(3) The Headquarters of the Commission shall be at
Hyderabad and the Government may, by notification,
specify such other place to be the Headquarters of the
Commission as may be necessary from time to time.
4. (1) The Commission shall hold ordinary meetings at
such places and at such intervals as may be prescribed and
meetings may be convened by the Chairman at any time for
the transaction of any urgent business.
(2) Number of Members necessary to constitute a
quorum of meeting and the procedure to be followed therein
shall be such as may be prescribed.
5. (1) The Commission shall consist of the following
members:-
(a) a Chairman who shall be a reputed member of the
minority, to be appointed by the Government;
(b) a Vice-Chairman who shall be, a reputed member
of the minority community, different from the Community of
the Chairman, to be appointed by the Government; and
(c) not more than six members to be appointed by
the Government, of whom two shall represent Islam and one
each from Zorastrian, Christian, Buddhist and Sikh:
Provided that atleast one such member shall be a
woman.
Meetings of the
Commission.
Composition of
the Commission.
4 [Act No.31 of 1998]
(2) The Secretary shall convene the meetings of the
Commission from time to time.
6. (1) The Chairman, Vice -Chairman or the Members
shall, unless otherwise disqualified for continuing as such
under the rules, hold office for a term of three years from the
date he assumes office and shall be eligible for re -
appointment for a second term only.
(2) The Chairman, Vice-Chairman or a Member may by
writing under his hand addressed to the Government resign
from the office, but he shall continue in office till his
resignation is accepted by the Government or his successor
is appointed.
(3) The successors so appointed under sub -section (2)
shall hold office for the remainder of the term of his
predecessor.
(4) The Government may remove a person from the
office of 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) without obtaining leave of absence from the
Commission, absents himself from three consecutive
meetings of the Commission;
Term of office and
conditions of
services of
Chairman and
Members.
[Act No.31 of 1998] 5
(f) has in the opinion of the Government, so abused
the position of the Chairman, Vice -Chairman or Mem ber as
to render that person's continuance in office detrimental to
the interest of the minorities or the public interest:
Provided that no person shall be removed under this
clause until that person has been given an opportunity of
being heard in the matter.
7. (1) The Government may appoint the S ecretary who
shall be an officer of the Government not below the rank of
Deputy Secretary to Government 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 other
terms and conditions of service of the Secretary, Officers
and other employees appointed for the purpose of the
Commission shall be such as may be prescribed.
(3) The Secretary shall be the Chief Executive Officer of
the Commission and shall exercise such powers and
perform such functions as may be prescribed.
8. The salaries and allowances payable to the Chairman,
Vice-Chairman and Members and the administrative
expenses, including salaries, allowances and pensions
payable to the officers and other employees referred to in
section 7 shall be paid out of the grants referred to in sub -
section (1) of section 15.
9. No act or proceeding of the Commission shall be
invalid on the ground merely of the existence of any
vacancy or defect in the constitution of the Commission.
Salaries and
allowances to be
paid out of grants.
Appointment of
officers and other
employees of the
Commission.
Vacancies etc.,
not to invalidate
proceedings of
the Commission.
6 [Act No.31 of 1998]
10. (1) The Commission shall meet as and when necessary
at such time and place as the Chairman may think fit.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be
authenticated by the signature of the Secretary or any other
officer of the Commission authorised by the Secretary in this
behalf.
CHAPTER – III
POWERS AND FUNCTIONS OF THE COMMISSION
11. (1) The Commission shall, while performing its
functions under section 12 have the powers of a Civil Court
trying a suit and in particular, in respect of the following
matters, namely:-
(i) summoning and enforcing the attendance of any
person form any person from any part of the State and
examining him on oath;
(ii) requiring the discovery and production of any
document;
(iii) receiving evidence on affidavits;
(iv) requisitioning any public r ecord or copy thereof
from any Court or office;
(v) issuing Commissions for the examination of
witnesses or documents; and
(vi) any other matter which may be prescribed.
(2) The Commission shall have the power to requisition
such information, docum ent and such assistance as may
Procedure to be
regulated by the
Commission.
Powers of the
Commission.
[Act No.31 of 1998] 7
required from any department of the Government for the
effective implementation of the provisions of this Act.
12. (1) The Commission shall perform the following
functions, namely:-
(a) to evaluate the working of various safeguards
provided in the Constitution for the protection of minorities
and in laws passed by the Union and State Governments;
(b) to make recommendations with a view to ensure
effective implementation and enforcement o f all (safeguards
and) the Laws;
(c) to undertake a review of the implementation of the
policies, pursued by the Union and State Governments with
respect to the minorities;
(d) to look into specific complaints regarding
deprivation of rights and safe guards in the interest of the
minorities;
(e) to conduct studies, research and analysis on the
question of avoidance of discrimination against minorities;
(f) to suggest appropriate legal and welfare measures
in respect of any minority to be undertaken by the
Government;
(g) to serve as a State Clearing House for information
in respect of the conditions of minorities;
(h) to invite one or more prominent pers ons to
participate in the meetings of the Commission to advise on
such matters as may be necessary;
Functions of the
Commission.
8 [Act No.31 of 1998]
(i) to make periodical reports at prescribed intervals
to the Government; and
(j) to exercise such other powers and perform such
other functions as may be conferred or enjoined upon it by
this Act or the rules made thereunder.
13. The Commission shall prepare once in every year, in
such form at such time as may be prescribed an Annual
Report giving a true and full account of its activities during
the previous years and copies thereof shall be forwarded to
the Government and the Government shall cause the same
to be laid before the Legislature of the State.
CHAPTER – IV
FINANCE, ACCOUNTS AND AUDIT
14. (1) The Commission shall maintain proper accounts
and other relevant records and prepare an annual statement
of accounts in such form and in such manner as may be
prescribed.
(2) The accounts of the Commission shall be audited
by such authority at such times and in such manner as may
be prescribed.
15. (1) The Government shall, after due appropriation
made by the 4Telangana Legislature by law in this behalf,
pay to the Commission by way of grants such sums of
money as the Government may think fit for being utilized 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
4. Substituted by G.O.Ms.No.3, Minorities Welfare (Estt.II ) Department,
dated 22.08.2014.
Annual Report.
Accounts and
Audit.
Grants by the
Government.
[Act No.31 of 1998] 9
shall b e treated as expenditure payable out of the grants
referred to in sub-section (1) thereof.
CHAPTER – V
MISCELLANEOUS
16. The Government may on the recommendations of the
Commission establish a Library, and Information Cell,
Research Cell or such other Cells as may be necessary from
time to time.
17. The Chairman, Vice -Chairman / Members and
employees of the Commission shall be deemed to be public
servants within the meaning of section 21 of the Indian
Penal Code.
18. (1) The Government may, by notification, make rules
for carrying out all or any of the purposes of this Act.
(2) Every rule made under this Act shall immediately
after it is made, be laid before the Legislature of the State, if
it is in session and if it is not in session in the session
immediately following for a total period of fourteen days
which may be compri sed in one session or in two
successive sessions and if before the expiration of the
session in which it is so laid or the session immediately
following, the Legislature agrees in making any
modifications in the rule or in the annulment of the rule, the
rule shall from the date on which the modification or
annulment is notified have effect only in such modified form
or stand annulled as 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.
Constitution of
Cells.
Chairman, Vice-
Chairman/
Members and
employees of the
Commission to be
public servants.
Central Act 45 of 1860.
Power to make
rules.
10 [Act No.31 of 1998]
5[19. [XXX]]
* * *
5. Omitted by G.O.Ms.No.3, Minorities Welfare (Estt.II) Department,
dated 22.08.2014.