#THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ACT, 2004 
____________ 

##ARRANGEMENT OF SECTIONS 
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##CHAPTER I 

###PRELIMINARY 

SECTIONS 

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

##CHAPTER II 

###THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS 

3. Constitution of National Commission for Minority Educational Institutions. 
4. Qualifications for appointment as Chairperson or other member. 
5. Term of office and conditions of service of Chairperson and Members. 
6. Officers and other employees of Commission. 
7. Salaries and allowances to be paid out of grants. 
8. Vacancies, etc., not to invalidate proceedings of Commission. 
9. Procedure to be regulated by Commission. 

##CHAPTER III 

###RIGHTS OF A MINORITY EDUCATIONAL INSTITUTION 

10. Right to establish a Minority Educational Institution. 
10A. Right of a Minority Educational Institution to seek affiliation. 

##CHAPTER IV 

###FUNCTIONS AND POWERS OF COMMISSION 

11. Functions of Commission. 
12. Powers of Commission. 
12A. Appeal against orders of the Competent authority. 
12B. Power of Commission to decide on the minority status of an educational institution. 
12C. Power to cancel. 
12D. Power  of  Commission  to  investigate  matters  relating  to  deprivation  of  educational  rights  of 
minorities. 
12E. Power of Commission to call for information, etc. 
12F. Bar of jurisdiction. 
13. Financial and administrative powers of Chairperson. 

##CHAPTER V 

###FINANCE, ACCOUNTS AND AUDIT 

14. Grants by Central Government. 
15. Accounts and audit. 
16. Annual report. 
17. Annual report and audit report to be laid before Parliament. 
 
##CHAPTER VI 

###MISCELLANEOUS 

18.  [Omitted.] 
19.  Chairperson, Members, Secretary, employees, etc., of Commission to be public servants. 
20.  Directions by Central Government. 
21.  Protection of action taken in good faith. 
22.  Act to have overriding effect. 
23.  Returns or information. 
24.  Power to make rules. 
25.  Power to remove difficulties. 
26.  Repeal and saving. 

THE SCHEDULE. [Omitted] 

 
 
 
#THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ACT, 2004 

##ACT NO. 2 OF 2005 

[6th January, 2005.] 

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

BE it enacted by Parliament in the Fifty-fifth 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 Minority Educational Institutions Act, 2004. 

(2) It extends to the whole of India. 

(3) It shall be deemed to have come into force on the 11th day of November, 2004.

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

  (a) “affiliation” together with its grammatical variations, includes, in relation to a college, 
recognition of such college by, association of such college with, and admission of such college to the 
privileges of, a University; 

  (aa) “appropriate Government” means,— 

       (i) in  relation  to  an  educational  institution  recognised  for  conducting  its  programmes  of 
studies under any Act of Parliament, the Central Government; and 

       (ii) in relation to any other educational institution recognised for conducting its programmes 
of  studies  under  any  State  Act,  a  State  Government  in  whose  jurisdiction  such  institution  is 
established;

  (c) “Commission”  means  the  National  Commission  for  Minority  Educational  Institutions 
constituted under section 3; 

  (ca) “Competent authority” means the authority appointed by the appropriate Government to 
grant no objection certificate for the establishment of any educational institution of their choice by the 
minorities;

  (d) “degree” means any such degree as may, with previous approval of the Central Government, 
be  specified  in  this  behalf  by  the  University  Grants  Commission,  by  notification  in  the  Official 
Gazette; 

  (da) “educational rights to minorities” means the rights of minorities to establish and administer 
educational institutions of their choice;

  (e) “Member” means a member of the Commission and includes the Chairperson; 

  (f) “minority”,  for the  purpose  of this  Act,  means  a community  notified  as such  by  the  Central 
Government; 

  (g) “Minority Educational Institution” means a college or an educational institution established 
and administered by a minority or minorities;

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

  (i) “qualification” means a degree or any other qualification awarded by a University; 

  (k) “technical education” has the meaning assigned to it in clause (g) of section 2 of the All India 
Council for Technical Education Act, 1987 (52 of 1987); 

  (l) “University” means a university defined under clause (f) of section 2 of the University Grants 
Commission  Act,  1956  (3  of  1956),  and  includes  an  institution  deemed  to  be  a  University  under 
section 3 of that Act, or an institution specifically empowered by an Act of Parliament to confer or 
grant degrees. 

##CHAPTER II 

###THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS 

3. **Constitution of National Commission for Minority Educational Institutions.**—(1) The Central 
Government shall, by notification in the Official Gazette, constitute a body to be known as the National 
Commission for Minority Educational Institutions 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 three members to be nominated by the 
Central Government. 

4. **Qualifications for appointment as Chairperson or other Member.**—(1) A person shall not be 
qualified for appointment as the Chairperson unless he,— 

  (a) is a member of a minority community; and 

  (b) has been a Judge of a High Court. 

(2) A person shall not be qualified for appointment as a Member unless he,— 

  (a) is a member of a minority community; and 

  (b) is a person of eminence, ability and integrity. 

5. **Term  of  office  and  conditions  of  service  of  Chairperson  and  Members.**—(1)  Every  Member 
shall hold office for a term of five years from the date on which he assumes office. 

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

(3) The Central Government shall remove a person from the office of Member 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) in  the  opinion  of  the  Central  Government,  has  so  abused  the  position  of  Chairperson  or 
Member as to render that person's continuance in office detrimental to the public interest: 

Provided that no person shall be removed under this clause until that person has been given an 
opportunity of being heard in the matter. 

(4) A vacancy  caused  under  sub-section  (2)  or  otherwise  shall  be  filled  by  fresh  nomination  and  a 
person so nominated shall hold office for the unexpired period of the term for which his predecessor in 
office would have held office if such vacancy had not arisen. 

(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. 
 
6. **Officers and other employees of 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 
Secretary,  officers  and  other  employees  appointed  for  the  purpose  of  the  Commission  shall  be  such  as 
may be prescribed. 

7. **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  Secretary,  officers and other employees  referred to in section  6, shall  be  paid  out  of the 
grants referred to in sub-section (1) of section 14. 

8. **Vacancies, etc., not to invalidate proceedings of Commission.**—No  actor  proceeding  of  the 
commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy 
or defect in the constitution of the Commission. 

9. **Procedure to be regulated by 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 authorized by the Secretary in this behalf. 

##CHAPTER III 

###RIGHTS OF A MINORITY EDUCATIONAL INSTITUTION 

10. **Right to establish a Minority Educational Institution.**—(1) Subject to the provisions 
contained in any other law for the time being in force, any person, who desires to establish a Minority 
Educational Institution may apply to the competent authority for the grant of no objection certificate for 
the said purpose.

(2) The Competent authority shall,— 

  (a) on perusal of documents, affidavits or other evidence, if any; and 

  (b) after giving an opportunity of being heard to the applicant, 

decide  every  application filed under  sub-section  (1) as  expeditiously  as  possible  and  grant or reject the 
application, as the case may be: 

Provided that where an application is rejected, the Competent authority shall communicate the same 
to the applicant. 

(3) Where within a period of ninety days from the receipt of the application under sub-section (1) for 
the grant of no objection certificate,— 

  (a) the Competent authority does not grant such certificate; or 

  (b) where an application has been rejected and the same has not been communicated to the person 
who has applied for the grant of such certificate, 

it shall be deemed that the Competent authority has granted a no objection certificate to the applicant. 

(4) The applicant shall, on the grant of a no objection certificate or where the Competent authority has 
deemed  to  have  granted  the  no  objection  certificate,  be  entitled  to  commence  and  proceed  with  the 
establishment of a Minority Educational Institution in accordance with the rules and regulations, as the 
case may be, laid down by or under any law for the time being in force. 

*Explanation.*—For the purposes of this section,— 

  (a) “applicant”  means  any  person  who  makes  an  application  under  sub-section  (1)  for 
establishment of a Minority Educational Institution; 

  (b) “no objection certificate” means a certificate stating therein, that the Competent authority has 
no objection for the establishment of a Minority Educational Institution. 

10A. **Right of a Minority Educational Institution to seek affiliation.**—(1) A Minority Educational 
Institution may seek affiliation to any University of its choice subject to such affiliation being permissible 
within the Act under which the said University is established. 

(2) Any person who is authorised in this behalf by the Minority Educational Institution, may file an 
application for affiliation under sub-section (1) to a University in the manner prescribed by the Statute, 
Ordinance, rules or regulations, of the University: 

Provided that such authorised person shall have right to know the status of such application after the 
expiry of sixty days from the date of filing of such application.

##CHAPTER IV 

###FUNCTIONS AND POWERS OF COMMISSION 

11. **Functions of Commission.**—Notwithstanding anything contained in any other law for the time 
being in force, the Commission shall— 

  (a) advise the Central Government or any State Government on any question relating to the 
education of minorities that may be referred to it; 

  (b) enquire, *suo motu*, or on a petition presented to it by any Minority Educational Institution, or 
any person on its behalf into complaints regarding deprivation or violation of rights of minorities to 
establish and administer educational institutions of their choice and any dispute relating to affiliation 
to a University and report its finding to the appropriate Government for its implementation; 

  (c) intervene in any proceeding involving any deprivation or violation of the educational rights of 
the minorities before a court with the leave of such court; 

  (d) review the safeguards provided by or under the Constitution, or any law for the time being in 
force,  for  the  protection  of  educational  rights  of  the  minorities  and  recommend  measures  for  their 
effective implementation; 

  (e) specify measures to promote and preserve the minority status and character of institutions of 
their choice established by minorities; 

  (f) decide  all  questions  relating  to  the  status  of  any  institution  as  a  Minority  Educational 
Institution and declare its status as such; 

  (g) make  recommendations  to  the  appropriate  Government  for  the  effective,  implementation  of 
programmes and schemes relating to the Minority Educational Institutions; and 

  (h) do such other acts and things as may be necessary, incidental or conducive to the attainment 
of all or any of the objects of the Commission.

12. **Powers of Commission.**—(1) If any dispute arises between a minority educational institution and 
a University relating to its  affiliation  to  such  University,  the  decision  of  the  Commission  thereon 
shall be final. 

(2) The Commission shall, for the purposes of discharging its functions under this Act, 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) subject  to  the  provisions  of  sections  123  and  124  of  the  Indian  Evidence  Act,  1872  (1  of 
1872), requisitioning  any  public record or document or  copy  of such  record  or document  from  any 
office; 

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

  (f) any other matter which may be prescribed. 

(3) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the 
meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 
1860) and the Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter 
XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).

12A. **Appeal against orders of the Competent authority.**—(1) Any person aggrieved by the order 
of refusal to grant no objection certificate under sub-section (2) of section 10 by the Competent authority 
for  establishing  a  Minority  Educational  Institution,  may  prefer  an  appeal  against  such  order  to  the 
Commission. 

(2) An appeal under sub-section (1) shall be filed within thirty days from the date of the order referred 
to in sub-section (1) communicated to the applicant: 

Provided  that  the  Commission  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of  thirty 
days, if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) An appeal to the Commission shall be made in such form as may be prescribed  and  shall  be 
accompanied by a copy of the order against which the appeal has been filed. 

(4) The Commission, after hearing the parties, shall pass an order as soon as may be practicable, and 
give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its 
process or to secure the ends of justice. 

(5) An order made by the Commission under sub-section (4) shall be executable by the Commission 
as a decree of a civil court and the provisions of the Code of Civil Procedure, 1908 (5 of 1908), so far as 
may be, shall apply as they apply in respect of a decree of a civil court. 

12B. **Power of Commission to decide on the minority status of an educational institution.**—(1) 
Without prejudice to the provisions contained in the National Commission for Minorities Act, 1992 (19 of 
1992), where an authority established by the Central Government or any State Government, as the case 
may be, for grant of minority status to any educational institution rejects the application for the grant of 
such status, the aggrieved person may appeal against such order of the authority to the Commission. 

(2) An appeal under sub-section (1) shall be preferred within thirty days from the date of the order 
communicated to the applicant: 

Provided  that  the  Commission  may  entertain  an  appeal  after  the  expiry  of  the  said  period  of  thirty 
days, if it is satisfied that there was sufficient cause for not filing it within that period. 

(3) An  appeal  to  the  Commission  shall  be  made  in  such  form  as  may  be  prescribed  and  shall  be 
accompanied by a copy of the order against which the appeal has been filed. 

(4) On receipt of the appeal under sub-section (3), the Commission may, after giving the parties to the 
appeal an opportunity of being heard, 3*** decide on the minority status of the educational institution and 
shall  proceed  to  give  such  direction  as  it  may  deem  fit  and,  all such  directions shall  be  binding  on  the 
parties. 

*Explanation.*—For the purposes of this section and section 12C, “authority” means any authority or 
officer or commission which is established under any law for the time being in force or under any order of 
the appropriate Government, for the purpose of granting a certificate of minority status to an educational 
institution. 

12C. **Power to cancel.**—The Commission may, after giving a reasonable opportunity of being heard 
to a Minority Educational Institution to which minority status has been granted by an authority or 
Commission, as the case may be, cancel such status under the following circumstances, namely:— 

  (a) if the constitution, aims and objects of the educational institution, which has enabled it to 
obtain minority status has subsequently been amended in such a way that  it  no  longer  reflects  the 
purpose or character of a Minority Educational Institution; 

  (b) if, on verification of the records during the inspection or investigation,  it  is  found  that  the 
Minority Educational Institution has failed to admit students belonging to the minority community in 
the institution as per rules and prescribed percentage governing admissions during any academic year. 

12D. **Power of Commission to investigate matters relating to deprivation of educational rights 
of minorities.**—(1) The Commission shall have the power to investigate into the complaints relating to 
deprivation of the educational rights of minorities. 

(2) The Commission may, for the purpose of conducting any investigation pertaining to a complaint 
under this Act, utilise the services of any officer of the Central Government or any State Government with 
the concurrence of the Central Government or the State Government, as the case may be. 

(3) For the purpose of investigation under sub-section (1), the officer whose services are utilised may, 
subject to the direction and control of the Commission,— 

  (a) summon and enforce the attendance of any person and examine him; 

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

  (c) requisition any public record or copy thereof from any office. 

(4) The officer whose  services  are  utilised  under  sub-section  (2)  shall  investigate  into  any  matter 
entrusted to it by the Commission and submit a report thereon to it within such period as may be specified 
by the Commission in this behalf. 

(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if 
any,  arrived  at  in the report  submitted  to it  under  sub-section  (4)  and for this  purpose  the  Commission 
may make such further inquiry as it may think fit. 

12E. **Power of Commission to call for information, etc.**—(1)  The  Commission,  while  enquiring 
into the complaints of violation or deprivation of educational rights of minorities shall call for information 
or report from the Central Government or any State Government or any other authority or organisation 
subordinate thereto, within such time as may be specified by it: 

Provided that,— 

  (a) if the information or report is not received within the time stipulated by the Commission, it 
may proceed to inquire into the complaint; 

  (b) if,  on  receipt  of  information  or  report,  the  Commission  is  satisfied  either  that  no  further 
inquiry  is  required,  or  that  the  required  action  has  been  initiated  or  taken  by  the  concerned 
Government  or  authority,  it  may  not  proceed  with  the  complaint  and  inform  the  complainant 
accordingly. 

(2) Where the inquiry establishes violation or deprivation of the educational rights of the minorities 
by  a  public  servant,  the  Commission  may  recommend  to  the  concerned  Government  or  authority,  the 
initiation of disciplinary proceedings or such other action against the concerned person or persons as may 
be deemed fit. 

(3) The Commission shall send a copy of the inquiry report, together with its recommendations to the 
concerned Government or authority and the concerned Government authority shall, within a period of one 
month, or such further time as the Commission may allow, forward its comments on the report, including 
the action taken, or proposed to be taken thereon, to the Commission. 

(4) The Commission shall publish its inquiry report and the action taken or proposed to be taken by 
the concerned Government or authority on the recommendations of the Commission. 

12F. **Bar of jurisdiction.**—No court (except  the  Supreme  Court  and  a  High  Court  exercising 
jurisdiction under articles 226 and 227 of the Constitution) shall entertain any suit, application or other 
proceedings in respect of any order made under this Chapter.

13. **Financial and administrative powers of Chairperson.**—The  Chairperson  shall  exercise  such 
financial and administrative powers as may be vested in him by the rules made under this section: 

Provided that the Chairperson shall have authority to delegate such of the financial and administrative 
powers as he may think fit to any Member or Secretary or any other officer of the Commission subject to 
the  condition  that  such  Member  or  Secretary  or  officer  shall,  while  exercising  such  delegated  powers, 
continue to act under the direction, control and supervision of the Chairperson. 

##CHAPTER V 

###FINANCE, ACCOUNTS AND AUDIT 

14. **Grants by 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  of  money  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). 

15. **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. 

16. **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. 

17. **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  advice  tendered  by  the 
Commission under section 11 and the reasons for the non-acceptance, if any, of any such advice, and the 
audit report to be laid as soon as may be after they are received before each House of Parliament. 

##CHAPTER VI 

###MISCELLANEOUS 

18. *[Power  to  amend  Schedule.]  Omitted  by  the  National  Commission  for  Minority  Educational 
Institutions (Amendment) Act*, 2006 (18 of 2006), s. 7 (w.e.f. 23-1-2006). 

19. **Chairperson, Members, Secretary, employees, etc., of Commission to be public servants.**—
The Chairperson, Members, Secretary, officers and other 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). 

20. **Directions by Central Government.**—(1)  In  the  discharge  of  its  functions  under  this  Act,  the 
Commission shall be guided by such direction on questions of policy relating to national purposes, as may 
be given to it by the Central Government. 

(2)  If  any  dispute  arises  between  the  Central  Government  and  the  Commission  as  to  whether  a 
question  is  or  is  not  a  question  of  policy  relating  to  national  purposes,  the  decision  of  the  Central 
Government shall be final. 

21. **Protection of action taken in good faith.**—No suit, prosecution or other legal proceeding shall 
lie  against  the  Central  Government,  Commission,  Chairperson,  Members,  Secretary  or  any  officer  or 
other employee of the Commission for anything which is in good faith done or intended to be done under 
this Act. 

22. **Act to have overriding effect.**—The  provisions  of  this  Act  shall  have  effect  notwithstanding 
anything inconsistent therewith contained in any other law for the time being in force or in any instrument 
having effect by virtue of any law other than this Act. 

23. **Returns or information.**—The Commission shall furnish to the Central Government such returns 
or  other  information  with  respect  to  its  activities  as  the  Central  Government  may,  from  time  to  time, 
require. 

24. **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) the salaries and allowances payable to, and the other terms and conditions of the service of, 
the  Chairperson  and  Members  under  sub-section (5) of  section  5 and  of  the  Secretary,  officers  and 
other employees under sub-section (2) of section 6; 

  (aa) the forms in which appeal under sub-section (3) of the section 12A and sub-section (3) of 
section 12B shall be made;

  (b) the financial and administrative powers to be exercised by the Chairperson under section 13; 

  (c) the form in which the annual statement of accounts shall be prepared under sub-section (1) of 
section 15; 

  (d) the form in, and the time at, which the annual report shall be prepared under section 16; 

  (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. 

25. **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. 

26. **Repeal and saving.**—(1) The National Commission for Minority Educational Institutions 
Ordinance, 2004 (Ord. 6 of 2004) is hereby repealed. 

(2)  Notwithstanding  the  repeal  of  the  said  Ordinance,  anything  done  or  any  action  taken  under  the 
said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this 
Act. 

*[THE  SCHEDULE.]  Omitted  by  the  National  Commission  for  Minority  Educational  Institutions 
(Amendment) Act*, 2006 (18 of 2006), s.9 (w.e.f. 23-1-2006).