Delhi Minorities Commission Act, 1999
No: 1 Dated: Feb, 08 2000
Delhi Minorities Commission Act, 1999
(Delhi Act No. 1 of 2000)
An act to provided for the establishment and functioning of a Minorities Commission to safeguard the rights and interests of the Minority communities in the National Capital Territory of Delhi and for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the fifth year of the Republic of India as follows:-
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Delhi Minorities Commission Act, 1999.
(2) It extends to the National Capital Territory of Delhi.
(3) It shall come into force on such date as the Government may, by notification in the Official Gazette, appoint.
2. Definitions. - In this Act, unless the context otherwise requires :-
(a) "Commission" means the Delhi Minorities Commission constituted under section 3 of this Act;
(b) "Chairperson" means the Chairperson of the Delhi Minorities Commission appointed under sub-section (2) of Section 3 of this Act;
(c) "Delhi" means the National Capital Territory of Delhi;
(d) "Government" means the Lieutenant Governor referred to in article 239 AA of the Constitution;
(e) "Lieutenant Governor" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 of the Constitution;
(f) "Member" means a member of the Commission;
(g) "Minority Community" for the purpose of this Act, means a Comminute notified as such by the Central Government as per provisions of the National Commission for Minorities Act, 1992;
(h) "prescribed" means prescribed by the rules made under this Act;
CHAPTER II
The Delhi Minorities Commission
3. Constitution of the Commission. - (1) As soon as may be after the commencement of this Act, the Government shall constitute a body to be called the Delhi Minorities Commission to exercise the powers conferred on and to perform the function assigned to it, under this Act.
(2) The Commission shall consist of a Chairperson and Two members to be nominated by the Government from amongst persons of eminence, ability and integrity belonging to the minority communities of Delhi who may be full time or part time .
4. Term of office and conditions of service of Chairperson and Members. - (1) The Chairperson or a Member shall hold office for a term of three years from the date he assumes office and be eligible for reappointment for one more term.
(2) The Chairperson or a Member may resign from his office in writing under his signature addressed to the Government.
(3) The Chairperson and Members shall be entitled to such salary, allowances, status and other facilities as may be prescribed.
(4) The Government shall remove a person from the post of Chairperson or Member referred to in sub-clause (2) if that person-
(a) becomes an undercharged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;
(c) become 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 absences from the Commission, absent from three consecutive meetings of the Commission; or
(f) has, in the opinion of the Government of National Capital Territory, so abused the position of Chairperson, or Member, as to render that person's continuance in office detrimental to the interests of Minorities or the public interest:
Provided to that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter.
(5) Any vacancy occurring in the Commission shall be filled as soon as may be by the Government for the un-expired part or the term of the out-going member
5. Secretary of the Commission. - (1) The Secretary of the Commission shall be appointed by the Government in consultation with the Chairperson, and he shall not be below the rank of a Secretary to the Government.
(2) The Secretary shall look after the day-to-day administration and shall work as directed by the Commission.
(3) The Secretary shall cause the accounts of the commission to be maintained and shall discharge the duties cast on him by or under this Act.
(4) The Secretary will be entitled to such salary and allowances as may be prescribed.
6. Staff of the Commission. - (1) The Government shall provide such staff, amenities and facilities to the Commission as may be determined by the government for the effective functioning of the commission.
(2) The administrative expenses of the Commission, including the salaries, allowances, pensions and other amounts payable to the Secretary, officers and staff of the commission shall be paid as prescribed and paid out of the grants referred to in sub-section (2) of section 11 of this Act.
7. Procedure to be regulated by the Commission. - The Commission shall regulate its own procedure with prior approval of the Government.
8. Authentication of orders and decisions of the Commission. - All the orders and decisions of the Commission shall be authenticated by the secretary, or any other officer of the commission duly authorized by the chairperson.
9. Vacancies, etc. not to invalidate proceedings of the commission. - No act, decision or proceeding of the commission shall be called in question or held invalid merely on the ground of any vacancy or defect in the constitution of the commission.