#THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992
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##ARRANGEMENT OF SECTIONS 
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###CHAPTER I 

###PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

###CHAPTER II 

###THE NATIONAL COMMISSIONFOR MINORITIES 

3.  Constitution of the National Commission for Minorities. 
4.  Term of office and conditions of service of Chairperson and Members. 
5.  Officers and other employees of the Commission. 
6.  Salaries and allowances to be paid out of grants. 
7.  Vacancies, etc., not to invalidate proceedings of the Commission. 
8.  Procedure to be regulated by the Commission. 

###CHAPTER III

###FUNCTIONS OF THE COMMISSION 

9.  Functions of the Commission 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

10.  Grants by the Central Government. 
11.  Accounts and audit. 
12.  Annual report. 
13.  Annual report and audit report to be laid before Parliament. 

###CHAPTER V 

###MISCELLANEOUS

14.  Chairperson, Members and staff of the Commission to be public servants. 
15.  Power to make rules. 
16.  Power to remove difficulties.
 
 
 
#THE NATIONAL COMMISSION FOR MINORITIES ACT, 1992 

##ACT NO. 19 OF 1992 

[17th May, 1992.] 

An Act to constitute a National Commission for Minorities and to provide for matters connected 
therewith or incidental thereto. 

BE it enacted by Parliament in the Forty-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 National Commission 
for Minorities Act, 1992. 

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification  in  the 
Official Gazette, appoint.

2. **Definitions.**—In this Act, unless the context otherwise requires,— 

(a) “Commission” means the National Commission for Minorities constituted under section 3; 
(b) “Member” means a Member of the Commission and includes the Vice-Chairperson;
(c) “minority”, for the purposes of this Act, means a community notified as such by the Central 
Government; 
(d) “prescribed” means prescribed by rules made under this Act. 

###CHAPTER II 

###THE NATIONAL COMMISSION FOR MINORITIES 

3. **Constitution of the National Commission for Minorities.**—(1)  The  Central  Government  shall 
constitute  a  body  to  be  known  as  the  National  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 Chairperson, a  Vice-Chairperson  and  five  Members to  be 
nominated by the Central Government from amongst persons of eminence, ability and integrity: 

Provided  that  five  Members  including  the  Chairperson  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 office. 

(2) The Chairperson or a Member may, by writing under his hand addressed  to  the  Central 
Government, resign from the office of Chairperson or, as the case may be, of the Member at any time. 

(3) The Central Government shall remove a person from the office of Chairperson or a Member 
referred to in sub-section (2) if that person—

(a) becomes an undischarged insolvent; 

(b)  is  convicted  and  sentenced  to  imprisonment  for  an  offence  which,  in  the  opinion  of  the 
Central 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) is,  without obtaining  leave  of absence  from  the  Commission,  absent from  three  consecutive 
meetings of the Commission; or 

(f) has, in the opinion of the Central Government, 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 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. **Officers and other employees of the Commission.**—(1) The Central 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 under this Act.

(2) The salaries and allowances payable to, and the other terms and conditions  of  service  of,  the 
officers and other 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, allowances and pensions 
payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred 
to in sub-section (1) of section 10.

7. **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 defect in the constitution of the Commission. 

8. **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 duly authorised by the Secretary on this behalf. 

###CHAPTER III 

###FUNCTIONS OF THE COMMISSION 

9. **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 under the Union and States; 

(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by 
Parliament and the State Legislatures; 

(c) make recommendations for the effective implementation of safeguards for the protection of 
the interests of minorities by the Central Government or the State Governments; 

(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  problems  arising  out  of  any  discrimination  against 
minorities and recommend measures for their removal; 

(f) conduct studies, research and analysis on the issues relating to socio-economic and educational 
development of minorities; 

(g) suggest appropriate measures  in  respect  of  any  minority  to  be  undertaken  by  the  Central 
Government or the State Governments; 

(h)  make  periodical  or  special  reports  to  the  Central  Government  on  any  matter  pertaining  to 
minorities and in particular difficulties confronted by them; and 

(i) any other matter which may be referred to it by the Central Government. 

(2)  The  Central  Government  shall  cause  the  recommendations  referred  to  in  clause  (c)  of  
sub-section  (1)  to  be  laid  before  each  House  of  Parliament  along  with  a  memorandum  explaining  the 
action taken or proposed to be taken on the recommendations relating to the Union and the reasons for the 
non-acceptance, if any, of any of such recommendations. 

(3) Where any recommendation referred to in clause (c) of sub-section (1) or any part thereof with 
which any State Government is concerned, the Commission shall forward a copy of such recommendation 
or part to such State Government who shall cause it to be laid before the Legislature of the State along 
with a memorandum explaining the action taken or proposed to be taken on the recommendations relating 
to the State and the reasons for the non-acceptance, if any, of any of such recommendation or part. 

(4) The Commission shall, while performing any of the functions mentioned in sub-clauses (a), (b) 
and (d) of sub-section (1), have all the powers of a civil court trying a suit and in particular, in respect of 
the following matters, namely:— 

(a) summoning and enforcing the attendance of any person from any part of India and examining 
him on oath; 

(b) requiring the discovery and production of any document; 

(c) receiving evidence on affidavits; 

(d) requisitioning any public record or copy thereof from any court or office; 

(e) issuing commissions for the examination of witnesses and documents; and 

(f) any other matter which may be prescribed. 

###CHAPTER IV 

###FINANCE, ACCOUNTS AND AUDIT 

10. **Grants by the Central Government.**—(1)  The  Central  Government  shall,  after  due 
appropriation made by Parliament by law in this behalf, pay to the Commission by way of grants such 
sums of money as the Central Government may think fit for being utilised for the purposes of this Act. 

(2) The Commission may spend such sums 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 (1). 

11. **Accounts and audit.**—(1)  The  Commission  shall  maintain  proper  accounts  and  other  relevant 
records and prepare an annual statement of accounts in such form as  may be prescribed by the Central 
Government in consultation with the Comptroller and Auditor-General of India. 

(2) The accounts of the Commission shall be audited by the Comptroller and Auditor-General at such 
intervals as may be specified by him and any expenditure incurred in connection with such audit shall be 
payable by the Commission to the Comptroller and Auditor-General. 

(3) The  Comptroller  and Auditor-General and  any  person appointed  by  him  in  connection  with the 
audit of the accounts of the Commission under this Act shall have the same rights and privileges and the 
authority  in  connection  with  such  audit  as  the  Comptroller  and  Auditor-General  generally  has  in 
connection with the audit of Government accounts and, in particular, shall have the right to demand the 
production of books, accounts, connected vouchers and other documents and papers and to inspect any of 
the offices of the Commission. 

12. **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 Central Government. 

13. **Annual report and audit report to be laid before Parliament.**—The Central Government shall 
cause the annual report together with a memorandum of action taken on the recommendations contained 
therein, in so far as they relate to the Central Government, and the reasons for the non-acceptance, if any, 
of any of such recommendations and the audit report to be laid as soon as may be after the reports are 
received, before each House of Parliament. 

###CHAPTER V 

###MISCELLANEOUS

14. **Chairperson, Members and staff of the Commission to be public servants.**—The Chairperson, 
Members and employees of the Commission shall be deemed to be public servants within the meaning of 
section 21 of the Indian Penal Code (45 of 1860). 

15. **Power to make rules.**—(1) The Central Government may, by 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  powers,  such  rules  may 
provide for all or any of the following matters, namely:— 

	(a)  salaries  and  allowances  payable  to,  and  the  other  terms  and  conditions  of  service  of,  the 
Chairperson  and  Members  under  sub-section  (5)  of  section  4  and  of  officers  and  other  employees 
under sub-section (2) of section5; 

	(b) any other matter under clause (f) of sub-section (4) of section 9; 

	(c) the form in which the annual statement of accounts shall be maintained under sub-section (1) 
of section 11; 

	(d) the form in, and the time at, which the annual report shall be prepared under section 12; 

	(e) 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 each House 
of  Parliament,  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  immediately 
following the session or the successive sessions aforesaid, both Houses agree in making any modification 
in the rule or both 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. 

16. **Power to remove difficulties.**—(1) If any difficulty arises in giving effect to the provisions of 
this Act, the Central 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 such order shall be made after the expiry of a period of two years from the date of 
commencement of this Act. 

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