Assam State Commission for Minorities Act. 2003

No: 20 Dated: May, 09 2003

ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003

ASSAM ACT NO. XX OF 2003

    An Act to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto.

    Preamble:- Whereas, it is expedient to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto,

    It is hereby enacted in the Fifty-fourth Year of the Republic of India as follows:-

1. Short title, extent and commencement:- (1) This Act may be called the Assam State Commission for Minorities Act. 2003 .

(2) It extends to the whole of Assam.

(3) It shall come into lorce on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions:- In this Act. unless the context otherwise requires :

(a) "'Commissions" means the Assam State Commission for Minorities constituted under section 3 ;

(b) ''State Government" means the Government of Assam ;

(c) "Member" means a Member of the Commission;

(d) "Minority" for the purpose of this Act, means the persons belonging to Religious as well as Linguistic Minorities, residing in the State of Assam; who are otherwise eligible to be considered and declared by the State Govt. as Minorities mentioned in Article 30 of the constitution of India;

(e) "Prescribed" means prescribed by rules made under this Act.

3. Constitution of the Assam State Commission for Minorities:- (1) The State Government shall constitute a body to be known as the Assam State Commission for Minorities to exercise the powers con !erred on, and to perform the functions assigned to under this Act.

(2) The Commission shall consist of a Chairperson and two members to be nominated by the State Government from amongst persons of eminence, ability and integrity and they shall be from amongst the Minorities Communities.

4. Term of office and conditions of scrvice of Chairperson and Members:- (1) The Chairperson and every Member shall hold office for a term of three years from the date he assumes office. ·

(2) The Chairperson or a Member may, by writing under his hand addressed to the State Government, resign from the office of the 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 referred to in subsection  (2) if that person -

(a) become an undischarged insolvent;

(b) is convicted and sententenced to imprisoment for an offence which, in the opinion of the State Government, involves moral turpitude;

(c) becomes 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;

(f) has, in the opinion of the State Government, so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the interests of Minorities of public interest: Provided that no person shall be removed under this clause until he 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 salaries and allowances payable to, and the other terms and conditions of service of the Chairperson and Member, shall be such as may be prescribed.

5. Officers and other employees of the Commission:- . ( 1) The State Government shall provide the Commission with a Secretary 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 the other terms and conditions of service of the Officers and other employees appointed for the purpose of the Commission shall he such as may be prescribed.

6. Salaries and allowances to be paid out of grants:- The salaries and allowances payable to the Chairperson and Member 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 10.