KARNATAKA STATE MINORITIES COMMISSION ACT, 1994

31 of 1994

3rd October, 1994

An Act to constitute a State Commission for minorities and to provide for matters connected therewith or incidental thereto. Whereas, it is expedient to constitute a State Commission for minorities and to provide for matters connected therewith or incidental thereto. Be it enacted by the Karnataka State Legislature in the Forty-fifth year of the Republic of India, as follows.

CHAPTER 1 Preliminary

Section 1 Short title, extent and commencement

(1) This Act may be called the Karnataka State Minorities Commission Act, 1994.

(2) It shall extend to the whole of the State of Karnataka.

(3) It shall come into force at once.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(a) "Commission" means the Karnataka State Minorities Commission constituted under Section 3 of the Act;

(b) "Government" means the Government of Karnataka;

(c) "Member" means a member of the Commission;

(d) "Minorities" means the person belonging to Minority Communities residing in the State of Karnataka whom the Government has recognised as Minorities.

CHAPTER 2 State Commission for Minorities

Section 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 as the Karnataka State Minorities Commission to exercise the powers conferred on and to perform the function assigned to it under this Act with its headquarters at Bangalore.

(2) The Commission shall consist of.

(a) a Chairman and six other members to be nominated by the Government, from amongst persons of eminence, ability and integrity:

Provided that five Members including the Chairman shall be from amongst the Minorities Communities; and

(b) Secretary of the Commission, appointed by the Government being an officer not below the rank of a Joint Secretary to Government.

Section 4 Term of office and conditions of service of the Chairman and Members

(1) Subject to the pleasure of the Government, the Chairman and Members of the Commission shall hold office for a term of three years from the date they assume their offices.

(2) The Chairman or a Member of the Commission may resign from his office in writing under his signature addressed to the Government, but shall continue in office until his resignation is accepted.

(3) The Chairman and other members shall receive such salary and allowance, as may be prescribed.

(4) The salary and allowances payable to the Chairman and other members shall be defrayed out of the grants referred to in sub-section (2) of Section 12.

(5) A casual vacancy in the office of a Member shall be filled up as soon as may be, by the authority concerned and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor.

Section 5 Disqualification for office of membership

(1) A person shall be isqualified for being appointed as and for being continued as the Chairman or a member as the case may be, if he.

(a) has been convicted and sentenced for imprisonment for an offence which in the opinion of the Government involves moral turpitude; or

(b) is of unsound mind and stands so declared by a Competent Court; or

(c) is an undischarged insolvent; or

(d) has been removed or dismissed from service of the Central Government or a State Government or a body of corporation owned controlled by the Central Government or a State Government; or

(e) refuses to act or becomes incapable of acting; or

(f) without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or

(g) has in the opinion of the Government, so abused the position of Chairperson or Member as to render that person's continuance in office is detrimental to the interests of the 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.

(2) Any person who is disqualified under sub-section (1) shall be removed by the Government.

Section 6 Secretary

(1) The Secretary shall receive such salary and other allowance as the Government may determine from time to time.

(2) The Government may grant from time to time leave of absence to the Secretary.

(3) The Secretary shall be the Chief Executive of the Commission and shall .

(a) operate the grants of the Commission;

(b) cause to be maintained accounts of the Commission; and

(c) discharge such other functions, which are conferred on him by or under this Act or any other law for the time being in force.

Section 7 Staff of the Commission

(1) The Government shall provide such staff to the Commission, as may be required for the proper functioning of the Commission.

(2) The administrative expenses of the Commission including the salaries, allowances and pensions payable to the Secretary and other officers and staff of the Commission shall be paid out of the grants referred to in sub-section (2) of Section 12.

Section 8 Meetings of the Commission

(1) The Commission shall meet as and when necessary at Bangalore or at other places as the Chairman may think fit:

Provided that the Commission shall meet atleast once in three months.

(2) The Commission shall regulate its own procedure.

(3) All the Orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorised by the Secretary in this behalf.

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

No act or proceeding of the Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy or deficit in the constitution of the Commission.

CHAPTER 3 Functions of the Commission

Section 10 Functions of Commission

(1) The functions of the Commission shall be as follows.

(a) to examine the working of various safeguards provided in the Constitution and in the laws passed by the State Legislature for the protection of minorities;

(b) to make recommendations with a view to ensuring effective implementation and enforcement of all the safeguards;

(c) to monitor the working of the safeguards provided in the Constitution, laws enacted by the State Legislature and policies and schemes of the Government for minorities.

(d) to conduct studies, research and analysis on the questions of avoidance of discriminations against minorities;

(e) to make a factual assessment of the representation on minorities in the services of the Government Undertakings, Government and Quasi-Government Bodies and in case representation is inadequate, to suggest ways and means to achieve the desired level;

(f) to make recommendations for ensuring, maintaining and promoting communal harmony in the State;

(g) to make periodical reports at prescribed intervals to the Government;

(h) to study any other matter which, in the opinion of the Commission is important from the point of view of the welfare and development of minorities and to make appropriate recommendation;

(i) to consider the grievances of the minorities and to suggest appropriate solution from time to time;

(j) to look into specific complaints regarding deprivation of rights and safeguards of minorities and take up such matter with the appropriate authorities:

Provided that if any matter specified in sub-section (1) is undertaken by the National Commission for Minorities constituted under Section 3 of the National Commission for Minorities Act, 1992 (Central Act 19 of 1992), the State Commission for Minorities shall cease to have jurisdiction in such matters.

(2) The Government shall cause the recommendations of the commission to be laid before each House of the State Legislature along with the memorandum explaining the action taken or proposed to be taken on the recommendations and the reasons for non-acceptance, if any such recommendations.

Section 11 Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against the Commission or Chairman, any member thereof or any persons acting under the direction 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 Commission or any report, paper or proceedings of the Commission.

CHAPTER 4 Finance, Accounts and Audit

Section 12 Budget of the Commission and grants by the Government

1) The Commission shall prepare every year before such date and in such form, as may be prescribed a budget estimates of its income and expenditure for the financial year to commence on the First day of April next following and shall forward it to the Government.

(2) The Government shall, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the Government may mink fit for being utilised for the purpose of this Act.

(3) The Commission may spend such sums out of the grant as it thinks fit for performing the functions under this Act, and such sums, shall be treated as expenditure payable out of the grants referred to in sub-section (2).

Section 13 Accounts and Audit

(1) Accounts of the income and expenditure of the Commission shall be kept in accordance with such rules, as may be prescribed.

(2) The Commission shall prepare an annual statement of accounts in such form as may be prescribed.

(3) The accounts of the Commission shall be audited annually by such auditor as the Government may appoint.

(4) The auditor shall for the purpose of the audit, have access to all the accounts and other records of the Commission.

(5) The Commission shall pay out of the grant such charges for the audit as may be prescribed.

(6) As soon as may be after the receipt of the report of the auditor, the Commission shall send a copy of the annual statement of accounts, together with a copy of the report of the auditor to the Government and shall cause to be published the annual statement of accounts in such manner as may be prescribed.

(7) The Government may, after pursual of the report of the auditor, give such directions, as it thinks fit, to the Commission shall comply with such directions.

Section 14 Annual Report

The Commission, shall prepare in such form and at such time for each financial year, as may be prescribed its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Government,

Section 15 Annual report and audit report to be laid before the State Legislature

The Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein,. insofar as they relate to the State Government, and the reasons for the non-acceptance, if any, of any of such recommendations to be laid, as soon as may be, after the reports are received, before each House of the State Legislature. The Commission may, at its direction, submit from time to time, special reports on any matter of public importance to the Government.

CHAPTER 5 Miscellaneous

Section 16 Chairman etc., to be public servants

The Chairman and every member of the Commission and every officer appointed or authorised by the Commission to exercise functions under this Act shall be deemed to be public servant within, the meaning of Section 21 of the Indian Penal Code (Central Act 45 of 1860).

Section 17 Power to make rules

(1) The Government may, after previous publication by notification, in the Official Gazette, make rules for the purposes of carrying out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for.

(a) to determine the status of Chairman of the Commission;

(b) the salary, allowance and other emoluments payable to the Chairman and Members of the Commission and other conditions of their service;

(c) any other matter which is to be or may be prescribed in pursuance of the provisions of the Act and that provision is in the opinion of the Government, necessary for the proper implementation of this Act.

(3) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is, in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions and, if before the expiry of the session in which it is so laid or the session immediately following the sessions aforesaid both Houses agree in making any modifications in the rule or both the Houses agree 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. So however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Section 18 Power to remove difficulties

(1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with-the provisions of this Act as appear to it to be necessary or expedient for removing the difficulty:

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

(2) Every order under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature.

RULE:

KARNATAKA STATE MINORITIES COMMISSION RULES, 2000

Whereas, the draft of the Karnataka State Minorities Commission Rules, 2000 was published in Notification No. DPAR 19 LMR 95, dated 27-4-2000 in Part IV-A of the Karnataka Gazette,, Extraordinary, dated 2-5-2000, inviting objections and suggestions from persons likely to be affected thereby, within thirty days from the date of its publication in the Official Gazette. Whereas, the said Gazette was made available to the public on 2-5-2000. And whereas, the objections and suggestions received in this behalf have been considered by the State Government. Now, therefore, in exercise of the powers conferred by sub-section (1) of Section 17 of the Karnataka State Minorities Commission Act, 1994 (Karnataka Act 31 of 1994), the Government of Karnataka hereby makes the following rules, namely:

Rule 1 Title and commencement

(1) These rules may be called the Karnataka State Minorities Commission Rules, 2000.

(2) They shall come into force from the date of their publication in the Official Gazette.

Rule 2 Definitions

(1) In these rules unless the context otherwise requires.

(a) "Act" means Karnataka State Minorities Commission Act, 1994 (Karnataka Act 31 of 1994);

(b) "Chairman" means the Chairman of the Commission nominated by the Government;

(c) "Secretary" means Secretary of the Commission appointed by the Government under sub-section (2) (b) of Section 3;

(d) "Section" means a section of the Act;

(e) "Financial year" means a year commencing from 1st of April of a year and ending on 31st March of the succeeding year;

(f) "Meeting" means meeting of the Commission, which includes special meeting of the Commission;

(g) "Public Holiday" means any day which is a public holiday for the purpose of Section 25 of the Negotiable Instruments Act, 1881.

Rule 3 Pay and allowances of the Chairman

The Chairman is entitled to enjoy the status of a Minister. Except the gunman and the red light being used on the vehicle, he is entitled to the pay, allowances and all the privileges admissible to a Minister as provided in the Karnataka Ministers' Salaries and Allowances Act, 1956 (Karnataka Act 5 of 1957), Rules, Notifications and Orders issued from time to time thereunder.

Rule 4 Allowances admissible to the members

The members of the Commission, who attends the meetings of the Commission are entitled to draw Travelling Allowance and Dearness Allowance and sitting fee at rates payable to a Group 'A' Officer of the State Government.

Rule 5 Staff of the Commission

(1) Save as provided in sub-rule (2), all the posts sanctioned to the Commission shall be filled up on deputation of the officers/officials having equivalent pay scales and grade, from any of the State Civil Services/Universities/Local Authorities/Public Sector Undertakings /Statutory Bodies/Corporations or by way of contract appointment of persons retired on superannuation from any of the services. The appointment on deputation and contract appointment shall be as per the provisions of the Karnataka Civil Service (General Recruitment) Rules, 1977 and any other orders of Government in force from time to time.

(2) The staff sanctioned to the personal establishment of the Chairman may be appointed as far as possible on deputation basis in the manner specified above and also in accordance with the status given to the Chairman by the Government from time to time. If, no suitable staff are available from the above said sources, then all the other posts except the post of Personal Secretary of the Chairman, may be appointed on contract basis on suitable terms and conditions. Appointment made against all such posts on contract basis shall be coterminous with the term of the office of the Chairman.

Rule 6 Administrative and financial powers

The Secretary shall have the same administrative and financial powers its are delegated to a minor Head of the Department by the Government, from time to time.

Rule 7 Budget, accounts and audit

(1) The Budget of the Commission shall be prepared before November 30th of the preceding year and be submitted in duplicate to the Government for approval during first week of December of each year.

(2) The statements of accounts regarding the receipt of budgetary grants and the statement of accounts of expenditure incurred in respect of the budgetary grants in respect of each financial year and all accounts of the Commission shall be maintained in accordance with the Karnataka Financial Code, and in accordance with the instructions of Government issued from time to time.

(3) The annual financial accounts and audit reports of the Commission shall be submitted to the Accountant General.

(4) The accounts of the Commission shall be audited every year by the Accountant General.

(5) The Commission shall appoint a Chartered Accountant as Auditor with the prior approval of the Government.

(6) The audit reports of the Commission shall be submitted to the Government as required under sub-section (6) of Section 13.

(7) The Government may if it is of the opinion that a Special or General Audit of the Commission is necessary, order for conducting of an Special pr General Audit of the Commission.

Rule 8 Annual Report

The Commission shall prepare and forward to the Government an Annual Report within three months from the completion of the Financial year giving complete account of its activities during the previous year.