National Commission for Minority Educational Institutes Act, 2004
No: 2 Dated: Jan, 06 2005
National Commission for Minority Educational Institutes Act, 2004
(Act No. 2 of 2005)
An Act to constitute a National Commission for Minority Educational Institutions and to provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Fifty-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 National Commission for Minority Educational Institutions Act, 2004.
(2) It extends to the whole of India.
(3) It shall be deemed to have come into force on the 11th day of November, 2004.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) affiliation together with its grammatical variations, includes, in relation to a college, recognition of such college by, association of such college with, and admission of such college to the privileges of, a * University;
(aa) appropriate Government means,
(i) in relation to an educational institution recognised for conducting its programmes of studies under any Act of Parliament, the Central Government; and
(ii) in relation to any other educational institution recognised for conducting its programmes of studies under any State Act, a State Government in whose jurisdiction such institution is established;
(c) Commission means the National Commission for Minority Educational Institutions constituted under section 3;
(ca) Competent authority means the authority appointed by the appropriate Government to grant no objection certificate for the establishment of any educational institution of their choice by the minorities;
(d) degree means any such degree as may, with previous approval of the Central Government, be specified in this behalf by the University Grants Commission, by notification in the Official Gazette;
(da) educational rights of minorities means the rights of minorities to establish and administer educational institutions of their choice;
(e) Member means a member of the Commission and includes the Chairperson;
(f) minority, for the purpose of this Act, means a community notified as such by the Central Government;
(g) "Minority Educational Institution" means a college or an educational institution established and administered by a minority or minorities
(h) prescribed means prescribed by rules made under this Act;
(i) qualification means a degree or any other qualification awarded by a University;
(k) technical education has the meaning assigned to it in clause (g) of section 2 of the All India Council for Technical Education Act, 1987 (52 of 1987);
(l) University means a University defined under clause (f) of section 2 of the University Grants Commission Act, 1956 (3 of 1956), and includes an institution deemed to be a University under section 3 of that Act, or an institution specifically empowered by an Act of Parliament to confer or grant degrees.
CHAPTER II
The National Commission For Minority Educational Institutions
3. Constitution of National Commission for Minority Educational Institutions .(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the National Commission for Minority Educational Institutions to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of a Chairperson and three members to be nominated by the Central Government.
4. Qualifications for appointment as Chairperson or other Member .(1) a person shall not be qualified for appointment as the Chairperson unless he,
(a) is a member of a minority community; and
(b) has been a Judge of a High Court.
(2) A person shall not be qualified for appointment as a Member unless he,
(a) is a member of a minority community; and
(b) is a person of eminence, ability and integrity.