Keyword(s):
Minority, Development, Protection and Safeguards, Deprivation of Rights,
Discrimination
THE MANIPUR STATE MINORITIES COMMISSION ACT, 2010
(Manipur Act No. 9 of 2010)
An
Act
to constitute a State Commission for Minorities and to provide for matters connected
therewith and incidental thereto.
Be it enacted by the Legislature of Manipur in the Sixty-first Year of the
Republic of India as follows;
CHAPTER-I
Preliminary
1 . Short title, extent and commencement. – (1) This Act may be called the Manipur
State Minorities Commission Act, 2010
(2) It extends to the whole of the State of Manipur.
(3) It shall come into force on such date as the State Government may, by
notification in the official Gazette, appoint.
- Definitions. – In this Act, unless the context otherwise requires –
(a) “Chairperson” means the Chairperson of the Manipur State Minorities
Commission;
(b) “Commission” means the Manipur State Minorities Commission
constituted under section 3 of this Act;
(c) “Member” means the Member of the Commission;
(d) “minority” means a community notified as such by the State
Government under section, 2(c) of the National Commission for
Minorities Act, 1992 as well as the Community/Communities notified
by the State Government based upon the circumstances/conditions
prevailing in the State;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “State Government” means the State Government of Manipur.
CHAPTER – II
The State Commission for Minorities, - Constitution of the State Commission for Minorities. – (1) The State
Government shall constitute a body to be known as Manipur State Minorities
Commission 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 two Members to be
nominated by the State Government from amongst persons of eminence, ability and
integrity and such persons shall be from amongst the notified minority communities.-2-
(3) The headquarters of the Commission shall be at such place as the State
Government may, by notification, specify. - Term of office and conditions of service of Chairperson and Members.- (1) The
Chairperson or a Member shall hold office for a term of three years from the date
he/she assumes office.
(2) The Chairperson or a Member may, by writing under his hand addressed to
the State Government, resign from the office of the Chairperson or a Member at any
time.
(3) The State Government shall remove the Chairperson or a Member from his
office if he –
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which,
in the opinion of the State Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent
court;
(d) refuses to act or becomes incapable of acting;
(e) has, in the opinion of the State Government, so abused the position
of Chairperson or a Member as to render that person’s continuance
in office detrimental to the interests of Minorities or the public
interest:
Provided that no Chairperson or a Member shall be removed
under this clause until he has been given a reasonable opportunity
of being heard in the matter.
(4) A vacancy caused under sub-sections (2) and (3) or otherwise shall be
filled up by fresh nomination.
(5) The salaries and allowances payable to, and the other terms and conditions
of service of the Chairperson or Member, shall be such as may be prescribed. - Officers and other employees of the Commission. – (1) The State Government
shall make available to the Commission an Officer not below the rank of a Deputy
Secretary to the State Government who shall be the Secretary of the Commission and
such other Officers and employees as may be necessary for the efficient performance
of the functions of the Commission under this Act.
(2) The Secretary of the Commission shall be the Executive Officer of the
Commission and shall exercise such powers and discharge such functions of the
Commission as prescribed and as may be delegated.
(3) The salaries and allowances payable to, and other term and conditions of
service of the Officers and other employees appointed or engaged or detailed by way
of attachment for the purpose of the Commission shall be such as may be prescribed.-3- - Salaries and allowances to be paid out of grants. – The salaries and allowances
payable to the Chairperson and Member referred to in sub-section (5) of section 4 and
to the Officers and other employees referred to in section 5 and the administrative
expenses, shall be paid out of the grants referred to in sub-section (1) of section 10. - Reasons not to invalidate proceedings of the Commission. – No act or
proceedings of the Commission shall be questioned or shall be invalidated merely on
the ground of any defect in the constitution of the Commission. - Procedure to be regulated by the Commission. – (1) The Commission shall meet
as and when necessary at such time and place as the Chairperson may think fit.
(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 authorized by the Chairperson in
this behalf in the absence or vacancy of the Secretary of the Commission.
CHAPTER-III
Functions of the Commission - Functions of the Commission. – (1) The Commission shall perform all or any of the
following functions, namely, –
(a) evaluate the progress of the development of minorities of Manipur;
(b) monitor the working in Manipur of the safeguards of the minorities
provided in the Constitution of India and in laws enacted by Parliament
and by the State Legislature;
(c) make recommendations for the effective implementation of safeguards for
the protection of the interest of the minorities by the State Government;
(d) look into specific complaints regarding deprivation of rights and
safeguards of the minorities and take up such matters with the appropriate
authorities;
(e) cause studies to be undertaken into the problems arising out of any
discrimination against the minorities and recommend measures for their
removal;
(f) conduct studies, research and analysis on the issues relating to socio-
economic, educational and cultural development of minorities;
(g) suggest appropriate measures in respect of any minority to be undertaken
by the State Government;
(h) make periodical or special reports to the State Government on any matter
pertaining to minorities and in particular difficulties confronted by them;
(i) make recommendations for ensuring, maintaining and promoting
communal harmony in the State; and
(j) any other matter which may be referred to it by the State Government:
Provided that, if any matter specified in sub-clause (g) is undertaken by
the National Commission for Minorities, constituted under section 3 of the
National Commission for Minorities Act, 1992, the State Commission
shall cease to have jurisdiction in such matter.
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