The West Bengal Minorities' Commission Act, 1996

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XVI of 1996 
THE WEST BENGAL MINORITIES' COMMISSION 
ACT, 1996. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 22nd July, 1996.] 
[22nd July, 1996 
An Act to constitute a Minorities' Commission to study and suggest 
additional social, economic, educational and cultural requirements 
of religious and linguistic minorities of West Bengal with a view to 
equipping them to preserve secular traditions of West Bengal and to 
promote national integration. 
WHEREAS it is expedient to constitute a Minorities' Commission to 
study and suggest additional social, economic, educational and cultural 
requirements of religious and linguistic minorities of West Bengal with 
a view to equipping them to preserve secular traditions of West Bengal 
and to promote national integration; 
It is hereby enacted in the Forty-seventh Year of the Republic of 
India, by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal Minorities' 
Commission Act, 1996. 
(2) It extends to the whole of West Bengal. 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
Short title, 
extent and 
commence-
ment. 
2. In this Act, unless the context otherwise requires,— 	 Definitions. 
(a) "Commission" means the West Bengal Minorities' 
Commission constituted under section 3; 
(b) "Member" means a Member of the Commission; 
(c) "Minority", for the purpose of this Act, means a community 
based on religion such as Muslim, Christian, Sikh, Buddhist, 
or Zoroastrian (Parsee), and includes— 
(i) such other minority as the Central Government may 
notify under clause (c) of section 2 of the National 
19 of 1992. 	 Commission for Minorities Act, 1992, or 
169 
The West Bengal Minorities' Commission Act, 1996. 
[West Ben. Act 
(Sections 3, 4.) 
Constitution 
of the 
Commission. 
Functions 
of the 
Commission. 
(ii) such other minority based on language within the purview 
of article 29 of the Constitution of Indian (hereinafter 
referred to as the Constitution) as the State Government 
may, by notification, specify from time to time; 
(d) "notification" means a notification published in the Official 
Gazette; 
(e) "prescribed" means prescribed by rules made under this Act. 
3. (1) The State Government shall constitute a body to be known 
as the West Bengal Minorities' Commission to exercise the powers 
conferred on, and to perform the functions assigned to, it under 
this Act. 
(2) The Commission shall consist of the following Members:— 
(a) a Chairperson, who shall be a person of public eminence, to 
be nominated by the State Government, 
(b) a Vice-Chairperson to be nominated by the State Government, 
(c) a Member-Secretary, 
(d) the Secretary, Minorities' Development and Welfare 
Department, Government of West Bengal, ex officio, 
(e) a representative of the West Bengal Minorities Development 
and Finance Corporation, ex officio, and 
(f) such number of other members from amongst persons of 
public eminence, not exceeding five, of whom one shall be a 
woman, as the State Government may nominate: 
Provided that at least five members, one of whom shall be a 
woman, shall be from amongst the notified minority 
communities. 
4. (1) The Commission shall perform the following functions:— 
(a) evaluate the progress of the development of minorities of West 
Bengal and review implementation of the policies and 
programme of the State Government; 
(b) monitor the working of the safeguards provided in the 
Constitution and in laws enacted by Parliament or the State 
Legislature; 
(c) make rcommendations for the effective enforcement and 
implementation of safeguards for the protection of the interests 
of minorities provided by the Central Government or the State 
Government; 
(d) look into specific complaints regarding deprivation of social, 
economic, educational, cultural and linguistic rights and 
safeguards of the minorities and take up such matters with the 
appropriate authorities; 
170 
The West Bengal Minorities' Commission Act, 1996. 
XVI of 1996.] 
(Section 5.) 
(e) recommend to the State Government to accord minority status 
to religious, linguistic and ethnic groups, provided such groups 
do not enjoy any constitutional or statutory benefits or status; 
(1) cause studies to be undertaken into problems arising out of 
any discrimination against minorities and recommend 
measures for their removal; 
(g) conduct studies, research and analysis on the issues relating 
to socio-economic and educational development of minorities; 
(h) make annual report to the State Government on any matter 
pertaining to any of the functions of the Commission under 
this section. 
(2) (a) The Commission shall have the powers of a civil court trying 
a suit while performing the functions under sub-section (1); 
(b) The Commission shall, while investigating or enquiring into 
any complaints regarding violation or infringement of any 
rights of the minority as guaranteed by the Constitution or as 
conferred by or under any Central Act or State Act, shall have 
all the powers of a civil court trying a suit under the Code of 
5 of 1908. 
	
	 Civil Procedure, 1908, and, in particular, in respect of the 
following matters:— 
(i) summoning and enforcing the attendance of any person 
from any part of India, and examining him on oath, 
(ii) requiring the discovery and production of any document, 
(iii) receiving evidence on affidavits, 
(iv) requisitioning any public record or copy thereof from 
any court or office, 
(v) issuing commissions for the examination of witnesses 
and documents, and 
(vi) any other matter which may be prescribed. 
(3) The advice of the Commission and, especially, the findings of 
the Commission concerning deprivation of any right of the minority or 
any infringement of any well-being of the minority by omission or 
commission, shall ordinarily be binding upon the State Government. 
5. (1) The Chairperson, Vice-Chairperson and every Member shall 
hold office for a term of three years from the date he assumes office. 
(2) The Chairperson, Vice-Chairperson or a Member may, at any 
time, by writing under his hand addressed to the State Government, 
resign from the office of the Chairperson, Vice-Chairperson or Member, 
as the case may be. 
Term of office 
and conditions 
of service of 
Chairperson, 
Vice-
Chairperson, 
Members and 
Member-
Secretary. 
171 
The West Bengal Minorities' Commission Act, 1996. 
[West Ben. Act 
Procedure to 
be regulated 
by the 
Commission. 
(Sections 6-8.) 
(3) A person shall be disqualified for being chosen as, and for being, 
a Member of the Commission— 
(a) if he is a lunatic or a person of unsound mind, or 
(b) if he has been adjudged insolvent, or 
(c) if he has been convicted of an offence involving moral 
turpitude, or 
(d) if he refuses to act or becomes incapable of acting, or 
(e) if he is, without obtaining leave of absence from the 
Commission, absent from three consecutive meetings of the 
Commission, or 
(f) if he has, in the opinion of the State Government, so abused 
the position of Chairperson, Vice-Chairperson or Member as 
to render that person's continuance in office detrimental to 
the interests of minorities or the public interest: 
Provided that no person shall be removed under this clause 
until that person has been given a reasonable opportunity of 
being heard in the matter. 
(4) A vacancy caused under sub-section (2) or otherwise shall be 
filled up by fresh nomination. 
(5) The Member-Secretary shall be entitled to such pay and 
allowances as the State Government may determine. 
6. (1) The headquarters of the Commission shall be in Calcutta. 
(2) The Commission shall meet as and when necessary at such time 
and place as the Commission thinks fit. 
(3) The Commission shall make rules to regulate its own procedure. 
(4) 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. 
7. The Member-Secretary shall be whole-time, and shall be 
appointed by the State Government. 
8. (1) (a) The State Government shall, in consultation with the 
Commission, provide it with such officers and other 
employees, on deputation, as may be necessary for 
efficient performance of the functions of the 
Commission. 
(b) Notwithstanding anything contained in clause (a), the 
posts of officers and other employees of the Commission 
shall be created and filled up with the prior approval of 
the State Government. 
Member-
Secretary. 
Officers and 
other 
employees 
of the 
Commission. 
172 
The West Bengal Minorities' Commission Act, 1996. 
XVI of 1996.] 
(Sections 9-12.) 
(2) The salaries and alllowances payable to, and the other terms 
and conditions of service of, the officers and other employees of 
the Commission, other than those who are on deputation, shall be such 
as may be prescribed by the Commission in consultation with the 
Government. 
9. The allowances payable to the Chairperson, Vice-Chairperson 
and Members and the administrative expenses including salaries, 
allowances and pensions payable to the officers and other employees 
referred to in section 7 and section 8, shall be paid out of the grants 
referred to in sub-section (1) of section 10. 
10. (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 grants such sums of money as the State 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, and such sums shall be treated 
as expenditure payable out of the grants referred to in sub-section (1). 
Salaries and 
allowances 
to be paid 
out of 
grants. 
Grants by 
the State 
Government. 
11. (1) The Commission shall maintain proper accounts and other Accounts 
relevant records and prepare an annual statement of accounts in such and audit.  
form as may be prescribed in consultation with the Accountant-General, 
West Bengal. 
(2) The annual accounts of the Commission shall be audited by the 
Accountant-General, West Bengal. 
(3) The Accountant-General, West Bengal, shall have the same 
rights and privileges and the authority in connection with such audit as 
the Accountant-General, West Bengal, generally has in connection with 
the audit of Government accounts and, in particular, shall have the 
right to demand the production of books, accounts, connected vouchers 
and other documents and papers and to inspect the office of the 
Commission. 
(4) The Commission shall forward to the State Government annually 
the accounts of the Commission as certified by the Accountant-General, 
West Bengal, together with the audit report thereon. 
12. (1) The Commission shall prepare for each financial year, in Annual 
such form, and at such time, as may be prescribed, its annual report report. 
giving a full account of its activities during the previous financial year 
and forward a copy thereof to the State Government. 
173 
The West Bengal Minorities' Commission Act, 1996. 
[West Ben. Act 
Chairperson, 
Vice-
Chairperson, 
Members and 
staff of the 
Commission 
to be public 
servants. 
Power to 
make rules. 
Power to 
remove 
difficulties. 
(Sections 13-15.) 
(2) An Accounts Officer of the State Government shall be placed at 
the disposal of the Commission by the .State Government for ensuring 
compliance with the provisions of section 11 and sub-section (1) of this 
section. 
13. The Chairperson, Vice-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. 
14. (1) The State Government may, by notification, make rules for 
carrying out the provisions of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing power, such rules may provide for all or any of the following 
matters:— 
(a) allowances payable to, and the other terms and conditions of 
service and facilities of, the Chairperson, Vice-Chairperson 
and Members, and of officers and other employees, under sub-
section (1) of section 9; 
(b) the form in which the annual statement of accounts shall be 
maintained under sub-section (1) of section 11; 
(c) the form in which, and the time at which, the annual report 
shall be prepared under sub-section (1) of section 12; 
(d) any other matter which is required 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 State Legislature, while it is in session, for a 
total period of thirty days which may be comprised in one session or in 
two or more successsive sessions, and if, before the expiry of the session 
immediately following the session or the successive sessions aforesaid, 
the State Legislature agrees in making any modification in the rule or 
the State Legislature agrees 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. 
15. (1) If any difficulty arises in giving effect to the provisions of 
this Act, the State Government may, by order published in the Official 
Gazette, make provisions, not inconsistent with the provisions of this 
Act, as appear to it to be necessary or expediet for removing the 
difficulty. 
(2) Every order made under this section shall, as soon as may be 
after it is made, be laid before the State Legislature. 
45 of 1860. 
174 
The West Bengal Minorities' Commission Act, 1996. 
XVI of 1996.] 
(Sections 16, 17.) 
16. (1) The resolution made under notification No 84-P.M., dated 
the 14th July, 1994, read with the resolution made under notification 
No. 178-P.M., dated the 13th September, 1995, by the State Government 
constituting the West Bengal Minorities' Commission (hereinafter 
referred to as the former Commission) is hereby repealed. 
(2) Upon such repeal,— 
(a) all property and assets under the control of the former 
Commission and all rights, liabilities and obligations acquired 
or incurred by the former Commission before the 
commencement of this Act shall vest in the Commission in 
accordance with such order as the State Government may make 
in this behalf; 
(b) all legal proceedings or remedies instituted or enforceable by 
or against the former Commission before the commencement 
of this Act may be continued or enforced, as the case may be, 
by or against the Commission as established under this Act 
or, until the Commission is so established, by or against such 
officer or authority as the State Government may by order 
specify; 
(c) all officers and other persons in the employ of the former 
Commission immediately before the commencement of this 
Act shall, until other provision is made, continue in the service 
of the Commission. 
Repeal, 
saving and 
validation. 
West Ben 
Ord. IV of 
1996. 
17. The West Bengal Minorities' Commission Ordinance, 1996, is Repeal. 
hereby repealed. 
    
175 

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