Jharkhand State Minorities Commission Act, 2001

No: 7 Dated: Jun, 11 2001

THE JHARKHAND STATE MINORITIES COMMISSION ACT, 2001

Act No. 7 of 2001

    An Act to make provision for the appointment and function of a commission for investigating, ensuring and safeguarding of rights conferred upon religious and linguistic minorities of the state by the constitution of india and other connected matters.

    Be it enacted by the Legislature of the State of Jharkhand in the Fifty-Second Year of the Republic of India, as follows :-

Chapter I

1. Short title, extent and commencement – (1) This Act may be called the Jharkhand State Minorities Commission Act, 2001.

(2) It shall extend to the whole of State of Jharkhand.

(3) It shall come into force at once.

2. Definition – In this Act, unless the context otherwise requires –

(a) ‘Commission’ means the Jharkhand State Minority commission, as constituted under section 4 of the Act.

(b) 'Government’ means Government of Bihar.

(c) 'Minorities' means the persons belonging to religious and linguistic minorities residing in the State of Jharkhand to whom the Government has recognized as minorities.

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

(e) 'Public Servant' means such person falling under the following clauses, namely :-

(i) Any such person appointed to a Public service or post in connection with the affairs of the State;

(ii) any such person who is in service or draws pay of the following :-

(a) any local authority in the State which is notified in the Official Gazette;

(b) any Board or Corporation established by or under the State Act and owned or controlled by the State Government.

(c) any society registered under the Co-operative Societies Act, 1912 or Societies Registration Act, 1860 which is under to the control of the State Government and notified by the State Government in this behalf in the Official Gazette.

3. Headquarters of Commission – (1) The headquarters of the Commission shall be established at Ranchi.

(2) The Government may establish one or more offices of the Commission at any other place in the State.

4. Constitution of Commission – (1) The Government shall constitute a commission, called Jharkhand State Minorities Commission for the purposes of carrying out the objects of this Act.

(2) the commission shall consist of a Chairman, Three Vice- Chairmen and maximum eight other Members who shall be nominated by the State Government (As amended by Jharkhand State Minorities Commission (Amendment) Act 2017 (Jharkhand Act No. 10, 2017)).

5. Term of Commission – The term of the nominated Chairman, Vice Chairman or any member of the commission shall be for a term of three years from the date he assumes the charge of his office. Provided that –

(a) the Chairman, Vice- Chairmen or any member of the Commission may resign from his office by writing under his signature addressed to the Government.

(b) if at any time, it appears to the State Government that the Chairman, ViceChairman or any member of the Commission is unfit to hold his office or has been found to be guilty of misconduct or neglect of duties or abuse of power, which renders his removal from office of the Commission, necessary in public interest, the State Government may by notification in the official gazette, remove him from such office.

6. Functions of Commission – (1) The functions of the Commission shall be as follows :-

(a) to examine the working of various safeguards provided in the Constitution of India, and the law passed by the State Legislature for protection of minorities of the State;

(b) to make recommendations with a view to ensuring effective implementation and enforcement of such safeguards and laws as mentioned in sub-clause (a)

(c) to undertake review of the implementation of policies and schemes of the State Government for the welfare of minorities of the State;

(d) to conduct studies, researches and analysis and make recommendations for the socio-economic uplift of the minorities of the State;

(e) to make such recommendations as may be deemed necessary and proper for ensuring protection of rights and interests of the minorities of the State;

(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.

(2) The Government may by notification in the official gazette, confer upon the commission such additional functions in relation to the welfare and redress of grievances of the minorities of the state as may be specified in the notification.

7. Status and emoluments –The Government may from time to time, provide such status to the Chairman, Vice-Chairman or Members of the Commission and pay such salary, allowances and grant other facilities as may be prescribed