Rajasthan State Commission for minorities Act, 2001
No: 8 Dated: Dec, 13 2001
The Rajasthan State Commmission For Minorities Act, 2001
(Act No. 8 of 2001)
An Act to constitute a State Commission for Minorities and to provide for matters connected therewith and incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Fifty second year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
1. Short title, extent and commencement – (1) This act may be called the Rajasthan State Commission for minorities Act, 2001.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force at once.
2. Definitions. – In this Act, unless the context otherwise requires, - (i) “Commission” means the Rajasthan State Commission for Minorities constituted under section 3;
(ii) “Member” means as member of the Commission;
(iii) “Minority” for the purpose of this Act means a community notified as such by the Central Government for the purpose of the National Commission for Minorities Act, 1992 (Central Act No. 19 of 1992).
CHAPTER II
THE STATE COMMISSION FOR MINORITIES
3. Constitution of the Commission.- (1) The State Government shall constitute a body to be known as the Rajasthan State Commission for Minorities to exercise the power conferred on, and to perform the functions assigned to it under the Act.
(2) The Commission shall consist of a Chairperson and four Members to be norminated by the State Government from amongst persons of eminence, ability in integrity:
Provided that the Chairperson and at least three Members shall be from amongst the minority communities.
4. Term of office and conditions of service of Chairperson and Members.-(1) The Chairperson and every Member shall hold office for a term of three years from the date he assumes charge.
(2) The Chairperson or a Member may, by writing under his hand addressed to the State Government, resign from the office of 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 if that person-
(a) become an undischarged insolvent;
(b) is convincted and sentenced to imprisonment for an offence which in the opinion of the Sate Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
(d) refuses to act or become incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or
(f) has in the opinion of the State Government, so abused the position of the Chairperson or Member as to render that person’s continuance in office detrimental to the interest of minorities or the public interest:
Provided that no person shall be removed under this clause until hehas been given a reasonable opprotuntiy of being heared in the matter
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.
5. Secretary and Staff and their salary etc. (1) The State Government shall provide the Commission with a Secretary and such other officers and employees as may be necessary for the efficient functioning of the Commission under this Act.
(2) The salaries and other allowances payable to and the other terms and conditions of Service of the Secretary, other officers and employees appointed for the purpose of the Commission shall be such as may be prescribed.
6. Salaries and allowances to be paid out of grants.- The salaries and allowances payable to the Chairperson and Members 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 12.
7. Vacancies not to invalidate proceedings of the Commission.- No act or proceeding of the Commission shall be called in question or shall be invalid merely on the ground of the existence of any vacancy or defect in its Constitution.
8. Procedure to be regulated by the Commission.- (1) The Headquarters of the Commission shall be at Jaipur.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorised by the Chairperson in this behalf.