Uttarakhand Commission for Minorities Act, 2002
No: 9 Dated: Jun, 19 2002
Uttarakhand Commission for Minorities Act, 2002
(Act No. 09 of 2002)
To constitute a Commission for minorities in Uttarakhand and to provide for matters connected therewith or incidental therein
An Act It is hereby enacted in the fifty-third year of the Republic of India as follows:-
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Uttarakhand Commission for Minorities Act 2002.
(2) It shall extend to the whole of Uttrankhand.
(3) It shall come into force on such date as the Government may by notification, publish in this behalf.
2. Definitions. - In this Act unless a contrary intention appears from the context -
(a) "Commission" means the Uttarakhand Commission for Minorities constituted under section 3;
(b) "Government" means Government of Uttarakhand.
(c) "Member" means a Member of the Commission and includes the Chairman [and Vice-Chairman] of the Commission;
(d) "Minority" for the purposes of this Act, means a community notified as such by the Government.
CHAPTER - II
The Commission
3. Constitution of the Uttarakhand Commission for Minorities. - (1) The Government shall constitute a body to be known as the Uttarakhand Commission for minorities to exercise the powers conferred on, and to perform the functions assigned to it under this Act,
(2) [The Commission shall consist of a Chairman, two Vice-Chairman and nine members which includes a woman amongst the person of eminence ability and integrity from minority communities]
4. Term of office and conditions of service of Chairman and members. - (1) [The Chairman, Vice-Chairman and every Member shall hold office for a term of five years from the date he/she assumes office.]
(2) The [Chairman, Vice-Chairman and Members] may, by writing under his hand addressed to the Government, resign from the office of the Chairman or, as the case may be, of the member at any time.
(3) The Government shall remove a person from the office of the Chairman or a member referred to in sun-section(2) if that person;
(a) becomes an un discharged insolvent;
(b) is convicted and sentenced to imprisonment for an offence, which in the opinion, of the Government involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent Courts;
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission absents from three consecution meeting of the Commission; or
(f) has, in the opinion of the Government, so abused the position of the Chairman or Member as to render that person's Continuance in office detrimental to the interests of minorities or the public interest;
Provided that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard 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 Chairman and members shall be such as may be prescribed.
5. Officers and other employees of the Commission. - (1) The State Government shall provide the Commission with a secretary and such other officers and employees as may be necessary for the efficient performance of the functions of the Commission.
(2) The salaries and allowances payable to and the other terms and conditions of services of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.