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DMC Act

The Delhi Minorities Commission Act-1999

Law,  Justice & Legislative Affairs Department

Notification

Delhi,  the 8th February, 2000

No.F-21(1)/99-LAS-II/To/30 – The Act of  the Legislative Assembly received the Assent of the Lieutenant Governor of  Delhi on 7.2.2000 and is hereby Published for general information.

The  Delhi Minorities Commission Act, 1999 (Delhi Act No. I of 2000)

(As Passed by the Legislative Assembly  of the National Capital Territory of Delhi on 24th December 1999).

An act to provided for the  establishment and functioning of a Minorities Commission to safeguard the  rights and interests of the Minority communities in the National Capital  Territory of Delhi and for matters connected therewith or incidental there to.

BE it enacted by the Legislative  Assembly of the National Capital Territory of Delhi on the fiftieth year of the  Republic of India as follows:-

Chapter  I

Preliminary

1. Short title, extent and commencement:

     
  1. This Act may be called the Delhi  Minorities Commission Act, 1999.
  2.  
  3. It extends to the National Capital  Territory of Delhi.
  4.  
  5. It shall come into force on such date  as the Government may, be notification in the official Gazette, appoint.

2. Definitions :

In this Act, unless the context  otherwise requires :-

(a) “Commission” means the Delhi Minorities  Commission constituted under Section 3 of this Act.

(b) “Chairperson” means the Chairperson of  the Delhi Minorities Commission appointed under sub-section (2) of Section 3 of  this Act.

(c) “Delhi” means the National Capital  Territory of Delhi.

(d) “Government” means the Lieutenant  Governor referred to in article 239 AA of the

(e) “Lieutenant Governor” means the  Lieutenant Governor of the National Capital Territory of Delhi appointed by the  President under article 239 of the Constitution;

(f) “Member” means a member of the  Commission;

(g) “Minority Community” for the purpose of  this Act, means a community notified as such by the Central Government as per  provisions of the National Commission for Minorities Act, 1992.

(h) “Prescribed” means prescribed by the  rules made under this Act;

Chapter – II
    The Delhi Minorities Commission

3. Constitution  of the Commission:

     
  1. As soon as may be after the  commencement of this Act, the Government shall constitute a body to be called  the Delhi Minorities Commission to exercise the powers conferred on and to  perform the function assigned to it, under this Act.
     
  1. The Commission shall consist of a  Chairperson and Two members to be nominated by the Government from amongst  persons of eminence, ability and integrity belonging to the minority  communities of Delhi, who may be full time or part time.

4. 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 assumes office and be  eligible for reappointment for one more term.
  2.  
  3. The Chairperson or a Member may resign  from his office in writing under his signatures, addressed to the Government.
  4.  
  5. The Chairperson and Members shall be  entitled to such salary, allowances, status and other facilities as may be  prescribed.
  6.  
  7. The Government shall remove a person  from the post of Chairperson or Member referred to in sub-clause (2) if that  person –
     
  1. becomes an un-discharged insolvent;
     
  1. is convicted and sentenced to  imprisonment for an offence which in the opinion of the Central government  involves moral turpitude;
     
  1. become of unsound mind and stands so  declared by a competent court;
     
  1. refuses to act or becomes incapable of  acting;

     
  1. is, without obtaining leave of absences  from the Commission, absent from three consecutive meetings of the Commission;  or
     
  1. has, in the opinion of the Government  of National Capital Territory, so abused the position of Chairperson 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  matters.

     
  1. Any vacancy occurring in the Commission  shall be filled as soon as may be by the Government for the un-expired part or  the term of the out-going member.

5. Secretary of the Commission:

     
  1. The Secretary of the Commission shall  be appointed by the Government in consultation with the Chairperson, and he  shall not be below the rank of a Secretary to the Government.

     
  1. The Secretary shall look after the  day-to-day administration and shall work as directed by the Commission.

     
  1. The Secretary shall cause the accounts  of the Commission to be maintained and shall discharge the duties cast on him  by or under this Act.

6. Staff of the Commission:

     
  1. The Government shall provide such  staff, amenities and facilities to the Commission as may be determined by the  government for the effective functioning of the commission.

     
  1. The administrative expenses of the  Commission, including the salaries, allowances, pensions and other amounts  payable to the Secretary, officers and staff of the Commission shall be paid as  prescribed and paid out of the grants referred to in sub-section (2) of Section  11 of this Act.

7. Procedure to be regulated by the  Commission:

The Commission shall regulate its own  procedure with prior approval of the Government.

8. Authentication of orders and decisions of  the Commission:

All the orders and decisions of the  Commission shall be authenticated by the Secretary, or any other officer of the  Commission duly authorized by the Chairperson.

9. Vacancies, etc. not to invalidate  proceedings of the Commission:

No act, decision or proceeding of the  Commission shall be called in question or held invalid merely on the ground of  any vacancy or defect in the constitution of the Commission.

Chapter  – III

Functions  and Powers of the Commission

10. Functions of the Commission :

(1)  The  Commission shall perform all or any of the following functions:-

(a) examine the working of various  safeguards provided in the Constitution of India or laws enacted by Parliament  and the laws passed by the Legislative Assembly of Delhi for the protection of  the Minority Communities, and to make recommendations to ensure their effective  implementation;

(b) monitor the implementation of the  policies and schemes of the government for the welfare of Minority communities;

(c) conduct studies, research and  analysis in order to make recommendations to promote the socio-economic  upliftment of the Minority Communities and facilitate their optimum  participation nation-building;

(d) Cause studies to be undertaken into  problems arising out of any discrimination against Minority Communities and  recommend measures for their solutions;

(e) hold seminars, debates and  discussions on problems affecting the Minority Communities of Delhi to raise  public awareness;

(f) Assess the representation of  Minority Communities in the services of the government, semi-Government bodies  and govt. Undertakings, Municipal Corporation of Delhi, Delhi Development  Authority, New Delhi Municipal Council, other local authorities and in case of  inadequate representation, to recommended remedial measures;

(g) make recommendations for ensuring,  maintaining and promoting communal harmony in Delhi;

(h) look into specific complaints  regarding the deprivation of the rights and safeguards of the Minority  communities and to take up such matters with the appropriate authorities for  necessary action;

(i) serve as a Clearing House for  information in respect of the Minority Communities in Delhi;

(j) deal with any other matter  pertaining to the welfare of the Minority communities which may be referred to  it by the Government.

(2) Annual Report:

The Commission shall prepare every year  an Annual Report giving a true and full account of its activities during the  year, along with its recommendations, and copies thereof shall be forwarded to  the Government. The government shall without delay cause the same to be laid  before the House of the Legislative Assembly of Delhi along with a report  setting out the action taken, or proposed to be taken, on the recommendations  and the reasons for non-acceptance, of such recommendations.

(3) Special Report:

The Commission may submit to the  Government special report on any matter or public importance pertaining to the  interest of the Minority Communities.

(4) Right to be heard:

In case of non-acceptance of any  recommendation, the Commission shall have the right to be heard by the  Minister-in-charge.

(5) Quasi-judicial powers:

The Commission shall have, in carrying  out its functions, the powers of a Civil Court trying a suit and, in  particular, in respect of the following matters, namely:-

1. summoning and enforcing the  attendance of any person and examining him on
    oath;
  2. requiring the discovery and  production of any document;
  3. receiving evidence on affidavits;
  4. requisitioning any public or  institutional record, or copy thereof, from any office or
    Institution of the government.

(6) Power to utilize services of agencies:

The Commission may, for the purposes of  conducting any examination under this Act, utilize the services of any agency  of the government with the prior approval of the government.

(7) Protection for statement made to the  Commission:

No statement made by a person to the  Commission in the course of giving evidence shall be used against him in any  court proceeding except for perjury.

Chapter  – IV

Finance,  Accounts and Audit

11. Budget and grants by the Government:

1. The  Commission shall prepare every year a budget estimate of its income and  expenditure for the financial year and shall forward it to the Government.
  2. The government shall, after due appropriation  made by the Legislature of Delhi in this behalf, pay to the Commission by way  of grants such sums of money as are adequate for carrying out the purposes of  this Act.
  3. The Commission may spend such sums out of the  grants as it thinks fit for performing its functions under this Act, or  incidental thereto.

12. Accounts  and Audit:

1. The accounts of the income and expenditure of  the Commission shall be kept in accordance with the rules.

2. The Commission shall prepare an annual statement  of accounts in the prescribed form.

3. The accounts of the Commission shall be  audited annually by the auditors appointed by the Comptroller and Auditor  General of India.

4. The auditors shall have access to all the  accounts and other records of the Commission.

5. The Commission shall send a copy of the  annual statement of accounts together with a copy of the audit report to the  government to be published in the prescribed manner.

Chapter  – V

Miscellaneous

13. Chairperson, Members and staff of the  Commission to be public servants:

The Chairperson, Members and officers  authorized by the Commission to perform functions under this Act, shall be  deemed to be public servants within the meaning of Section 21 of the Indian  Penal Code, 1860 (45) of 1860.

14. Protection of action taken in good faith:

No civil, criminal or other legal  proceedings shall like against the Chairperson, Members or officers performing  functions under this Act, or under authority of the Commission, in respect of  anything which is done in good faith or intended to be done in pursuance of  this Act by or under the authority of the Commission.

15. Establishment of a Library and Cells:

The Government may establish a Library,  an information Cell, a Research Cell and such other Cells as may be recommended  by the Commission.

16. Power to make rules:

1. The  Government may, be notification in the official Gazette, make rules for  carrying out the provisions of this Act.
   2.  In  particular, and without prejudice to the generality of the foregoing power,  such rules may provide for all or any of the following matters namely.

(a) Salary, allowances, status and  other facilities to which the Chairperson or a Member shall be entitled;

(b) Salary and allowances payable to  the Secretary.

(c) Prescribing of the  administrative expenses of the Commission, including the salaries, allowances,  pensions and other amounts payable to the Secretary, officers and staff of the  Commission;

(d) Making of rules in accordance  with which the accounts of the income and expenditure of the Commission shall  be kept;

(e) Prescribing of the form in which  the annual statement of accounts of the Commission shall be prepared;

(f) Prescribing the manner of  publication of the annual statement of accounts of the Commission together with  a copy of the audit report by the Government.

(g) Any other matter which is  required to be or may be prescribed.

3. Every  rule made under this Act shall be laid, as soon as may be after it is made,  before the House of the Legislative Assembly of Delhi, while it is in session  for a total period of thirty days which may comprise one session or two or more  successive sessions and if, before the expiry of the sessions immediately  following the session or the successive sessions aforesaid, the House agrees in  making any modification in the rule, or the House agrees that the rule should  not be made, the rule shall thereafter have effect only in such modified form  or be of no effect, as the case may be, without prejudice to the validity of  anything previously done under that rule.

17. Repeal and Saving:

(1) The  Resolution made vide No. F.10/3/98-HP/Estt./M/2527 dated 20.05.1999 by the  Government constituting the Delhi Minorities (Provisional) Commission  (hereinafter referred to as “the former Commission”) is hereby repealed.

(2) Notwithstanding  such repeal, anything done or any action taken by the Resolution referred to in  sub-section (1) shall be deemed to have been done or taken under this Act as if  the provisions of this Act were in force at all material times.

18. Power to remove difficulties:

     
  1. If any difficulty arises in giving  effect to the provisions of this Act, the Government may, in consultation with  the Commission, and by order published in the official gazette, make such  provisions not inconsistent with the provisions of this Act, as may be  necessary of removing the difficulty.


   Provided that no such order shall be  made after the expiry of a period of two years from the date of the  commencement of this Act.

       
    • Every order made under this Act shall,  as soon as may be after it is made, be laid before the House of the Legislative  Assembly of Delhi.
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