Maharashtra State Minorities Commission Act, 2004
No: 31 Dated: Aug, 08 2005
THE MAHARASHTRA STATE MINORITIES COMMISSION ACT, 2004
ACT No. XXXI OF 2005
An Act to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto.
WHEREAS the Maharashtra State Minorities Commission Bill, 2000 (L. A. Bill No. LXXVIII of 2000), introduced in the Maharashtra Legislative Assembly on the 30th November 2000 was referred to the Joint Committee of both Houses of the State Legislature on the 30th April 2002 and the same was pending with the Joint Committee; AND WHEREAS the representatives of the minority communities had been constantly requesting the State Government to expedite conferral of long pending statutory status on the Minority Commission;
AND WHEREAS both Houses of the State Legislature were not in session and the Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary for him to take immediate action to make a law to constitute a State Commission for minorities for the purposes hereinafter appearing; and, therefore, promulgated the Maharashtra State Minorities Commission Ordinance, 2004, on the 24th August 2004;
AND WHEREAS it is expedient to replace the said Ordinance by an Act of the State Legislature with certain modifications; it is hereby enacted in the Fifty-fifth Year of the Republic of India as follows :––
CHAPTER I
PRELIMINARY
1. Short title, commencement and extent:- . (1) This Act may be called the Maharashtra State Minorities Commission Act, 2004.
(2) It shall be deemed to have come into force on the 24th August 2004.
(3) It shall extend to the whole of the State of Maharashtra.
2. Definitions:- In this Act, unless the context otherwise requires,––
(a) “Commission” means the Maharashtra State Minorities Commission constituted under section 3 of the Act;
(b) “Government” means the Government of Maharashtra;
(c) “Member” means a Member of the Commission;
(d) “Minorities” means the communities residing in the State of Maharashtra declared by the Government as minority communities, by order in the Official Gazette, from time to time;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “Secretary” means the Secretary of the Commission.
CHAPTER II
STATE COMMISSION FOR MINORITIES
3. Constitution o f Commission:- (1) As soon as may be after commencement of this Act, the Government shall constitute a body to be called as the Maharashtra State Minorities Commission to exercise the powers conferred on, and to perform the functions assigned to the Commission, under this Act with its headquarter at Mumbai.
(2) The Commission shall consist of,––
(a) a Chairperson, Vice-Chairperson and nine other Members to be nominated by the Government from amongst persons of eminence, ability and integrity :
Provided that, all the Members including the Chairperson and the Vice-Chairperson shall be from amongst the Minorities; and
(b) the Secretary appointed by the Government shall be an officer not below the rank of Deputy Secretary to Government.
4. Term of office and conditions of service of Chairperson, ViceChairperson and Members:- (1) Subject to the pleasure of the Government, the Chairperson, Vice-Chairperson and every Member of the Commission, shall hold office for a term of five years from the date he assumes office.
(2) The Chairperson, Vice-Chairperson or a Member may, resign from his office in writing under his signature addressed to the Government, but shall continue in office until his resignation is accepted.
(3) The Chairperson, Vice-Chairperson and other Members shall receive such salary and allowances, as may be prescribed.
(4) The salary and allowances payable to the Chairperson, Vice-Chairperson and other Members shall be defrayed out of the grants referred to in sub-section (2) of section 11.
(5) A casual vacancy in the office of a Member shall be filled up as soon as may be, by the Government and a Member so nominated shall hold office so long as the Member in whose place he is nominated would have held office.
(6) In the absence of the Chairperson, the Vice-Chairperson shall perform the functions of the Chairperson under the Act and rules made thereunder.