 GOVERNMENT  OF  MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

MAHARASHTRA ACT No. XXXI OF 2005.

THE MAHARASHTRA STATE MINORITIES

COMMISSION ACT, 2004.

( As  modified  upto  12th  December  2018 )

PRINTED  IN  INDIA  BY  THE  MANAGER,  GOVERNMENT  PRESS,  WAI  AND  PUBLISHED  BY
THE  DIRECTOR,  GOVERNMENT  PRINTING,  STATIONERY  AND  PUBLICATIONS,
MAHARASHTRA  STATE,  MUMBAI–400  004.

2018

[ Price––Rs. 19.00 ]

2005 : Mah. XXXI ]

THE MAHARASHTRA STATE MINORITIES COMMISSION
ACT, 2004

PREAMBLE

SECTIONS.

CONTENTS

CHAPTER I

PRELIMINARY

1. Short title, commencement and extent.

2. Definitions.

CHAPTER II

STATE  COMMISSION  FOR  MINORITIES

3. Constitution of Commission.

4. Term  of office  and conditions  of  service of  Chairperson,

Vice-Chairperson and Members.

5. Disqualification.

6. Secretary of Commission.

7. Staff of Commission.

8. Meetings of Commission.

9. Vacancies etc. not to  invalidate proceedings of Commission.

CHAPTER III

FUNCTIONS  OF  THE  COMMISSION

10. Functions of Commission.

CHAPTER IV

FINANCE,  ACCOUNTS  AND  AUDIT

11. Budget of Commission and grants by Government.

12. Accounts  and  audit.

13. Annual report.

14. Annual report and audit report to  be laid before State Legislature.

CHAPTER V

MISCELLANEOUS

15. Protection of action taken  in good faith.

16. Chairperson, Vice-Chairperson, Members and staff of Commission

to  be  public  servant.

17. Power to make rules.

18. Power to remove difficulties.

19. Repeal of Mah. Ord. XXIX of 2004 and saving.

THE MAHARASHTRA ACT No. XXXI OF 20051.

[THE MAHARASHTRA STATE MINORITIES COMMISSION ACT, 2004.]

(This Act  received  the  assent  of  the  Governor  on  the  5th August  2005;
assent  was  first  published  in  the  Maharashtra  Government  Gazette,
Extraordinary, Part IV, on the 8th August 2005.)

An Act  to  constitute  a  State  Commission  for  Minorities  and  to  provide  for  matters

connected therewith or incidental thereto.

WHEREAS the Maharashtra State Minorities Commission Bill, 2000 (L. A. Bill No. LXXVIII
of  2000),  introduced  in  the  Maharashtra  Legislative  Assembly  on  the  30th  November  2000
was referred to the Joint Committee of both Houses of the State Legislature on the 30th April
2002 and the same was pending with the Joint Committee;

AND  WHEREAS  the  representatives  of  the  minority  communities  had  been  constantly
requesting the State Government to expedite conferral of long pending statutory status on the
Minority Commission;

AND  WHEREAS  both  Houses  of  the  State  Legislature  were  not  in  session  and  the
Governor of Maharashtra was satisfied that circumstances existed which rendered it necessary
for him to take immediate action to make a law to constitute a State Commission for minorities
for  the  purposes  hereinafter  appearing;  and,  therefore,  promulgated  the  Maharashtra  State
Minorities Commission Ordinance, 2004, on the 24th August 2004;

Mah.  Ord.
XXIX  of
2004.

AND  WHEREAS  it  is  expedient  to  replace  the  said  Ordinance  by  an  Act  of  the  State
Legislature  with  certain  modifications;  it  is  hereby  enacted  in  the  Fifty-fifth  Year  of  the
Republic  of  India  as  follows  :––

CHAPTER I

PRELIMINARY

1.

(1) This Act may be called the Maharashtra State Minorities Commission Act, 2004.

(2)

It  shall  be deemed  to  have  come into  force  on  the 24th August  2004.

(3)

It  shall extend  to the  whole  of the  State of  Maharashtra.

Short  title,
commence-
ment  and
extent.

2.

In  this Act,  unless  the  context  otherwise  requires,––

Definitions.

(a)

“Commission”  means  the  Maharashtra  State  Minorities  Commission  constituted

under  section  3  of  the  Act;

(b)

“Government” means the Government of Maharashtra;

(c)

“Member” means a Member of the Commission;

(d)

“Minorities” means the communities residing in the State of Maharashtra declared
by the Government as minority communities, by order in the Official Gazette, from time to time;

(e)

“prescribed”  means  prescribed  by  rules  made  under  this Act;

(f)

“Secretary” means the Secretary of the Commission.

1

For  Statement  of  Objects  and  Reasons  (English),  See  Maharashtra  Government  Gazette,  Extraordinary,
No.  37,  Part  V-A,  dated  the  7th  December  2004,  p.  301.

Maharashtra  State  Minorities  Commission Act,  2004

[ 2005 : Mah. XXXI

2

CHAPTER II

STATE  COMMISSION  FOR  MINORITIES

Constitution
o f

Commission.

3.

(1) As  soon  as  may  be  after  commencement  of  this  Act,  the  Government  shall
constitute a body to be called as the Maharashtra State Minorities Commission to exercise the
powers conferred on, and to perform the functions assigned to the Commission, under this Act
with its headquarter at Mumbai.

(2) The Commission shall consist of,––

(a)

a  Chairperson,  Vice-Chairperson  and  nine  other  Members  to  be  nominated  by

the Government from amongst persons of eminence, ability and integrity :

Provided  that,  all  the  Members  including  the  Chairperson  and  the  Vice-Chairperson

shall be from amongst  the Minorities; and

(b)

the Secretary appointed by the Government shall be an officer not below the rank

of  Deputy  Secretary  to  Government.

Term  of
office  and
conditions
of  service  of
Chairperson,
Vice-
Chairperson
and
Members.

4.

(1) Subject to the pleasure of the Government, the Chairperson, Vice-Chairperson and
every Member of the Commission,  shall hold office for a term of five  years from the date he
assumes  office.

(2) The  Chairperson,  Vice-Chairperson  or  a  Member  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 Chairperson, Vice-Chairperson and other Members shall receive such salary and

allowances,  as  may  be  prescribed.

(4) The salary and allowances payable to the Chairperson, Vice-Chairperson and other

Members  shall  be  defrayed  out  of  the  grants  referred  to  in  sub-section  (2)  of  section  11.

(5) A casual vacancy in the office of a Member shall be filled up as soon as may be, by
the  Government  and  a  Member  so  nominated  shall  hold  office  so  long  as  the  Member  in
whose  place  he  is  nominated  would  have  held  office.

(6)

In the absence of the Chairperson, the Vice-Chairperson shall perform the functions

of  the  Chairperson under  the Act  and rules  made  thereunder.

Dis-
qualification.

5.

(1) A  person  shall  be  disqualified  for  being  appointed  as  and  for  being  continued

as  the Chairperson,  the Vice-Chairperson  or a  Member,  as the  case may  be, if  he––

(a)

is convicted and sentenced to 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  or Corporation  owned  or  controlled by  the  Central Government  or
a State Government; or

(e)

refuses  to  act  or  becomes  incapable  of  acting;  or

( f )

is without obtaining leave of absence from the Commission, absents from three

consecutive  meetings  of  the  Commission;  or

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2005 : Mah. XXXI ]

Maharashtra  State  Minorities  Commission Act,  2004

(g)

has, in the opinion of the Government, so abused the position of the Chairperson,
Vice-Chairperson or Member as to render that person’s continuance in office as 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.

6.

(1) The Secretary shall receive such salary and other allowances as the Government

may determine from time to time.

Secretary  of
Commission.

(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.

7.

(1) The Government shall provide such staff to the Commission, as may be required

for the proper functioning of the Commission.

Staff  of
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  11.

8.

(1) The Commission shall meet as and when necessary at Mumbai or at other places,

as the Chairperson may think fit :

Meetings  of
Commission.

Provided that the  Commission shall meet at least 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.

9. 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.

CHAPTER III

FUNCTIONS  OF  THE  COMMISSION

10.

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

(a)

to  examine  the  working  of  various  safeguards  provided  in  the  Constitution  of

India  and  in  the  laws  passed  by  the  State  Legislature  for  the  protection  of  minorities;

Vacancies
etc.,  not  to
invalidate
proceedings
o f
Commission.

Functions
o f
Commission.

4

Maharashtra  State  Minorities  Commission Act,  2004

[ 2005 : Mah. XXXI

(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  Parliament  and  the  State  Legislature,  and  policies  and  schemes  of  the
State 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  of  minorities  in  the  services
of  the  Government,  Government  undertakings,  Quasi-Government  bodies,  Municipal
Corporations, Municipal Councils, Zilla Parishads, Panchayat Samitis and Village Panchayats
and  in  case,  the  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
recommendations;

(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 matters  with the  appropriate authorities;

(k)

to co-ordinate and supervise the implementation of the Prime Minister’s 15 Points

Programme for Welfare of Minorities :

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, the State Commission shall cease to have jurisdiction in such matters.

19  of  1992.

(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, of  such  recommendations.

CHAPTER IV

FINANCE,  ACCOUNTS  AND  AUDIT

Budget  of
Commission
and  grants  by
Government.

11.

(1) The Commission shall prepare every year before  such date and in such form,
as  may  be prescribed,  a  budget  estimate  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  think  fit  for  being utilised  for  the  purposes  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).

5

2005 : Mah. XXXI ]

Maharashtra  State  Minorities  Commission Act,  2004

12.

(1) Accounts  of  the  income  and  expenditure  of  the  Commission  shall  be  kept  in

accordance  with  such  rules,  as  may  be  prescribed.

Accounts
and  audit.

(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 and by the office of the Comptroller and Auditor General of India.

(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 perusal of the report of the auditor, give such directions,

as it thinks fit, to the Commission and the Commission shall comply with such directions.

13. 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.

Annual
report.

14.

(1) The  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
Government,  and  the  reasons  for  the  non  acceptance,  if  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  the  State  Legislature.

Annual
report  and
audit  report
to  be  laid
before  State
Legislature.

(2) The Commission may, at the direction of the Houses of the State Legislature, submit

from time to time, special reports on any matter of public importance to the Government.

CHAPTER V

MISCELLANEOUS

15. No suit, prosecution or other legal proceedings shall lie against the Commission or
the  Chairperson,  Vice-Chairperson  or  any  Member  thereof  or  any  person  acting  under  the
direction  of  the  Commission, in  respect  of  anything  done  in  good  faith or  purported  to  have
been  done  in  pursuance  of  this Act  or  the  rules  made  thereunder.

Protection  of
action  taken  in
good  faith.

16. The Chairperson, Vice-Chairperson, Members of the Commission and every officer
and  employee  appointed  or  authorised  by  the  Commission  to  exercise  the  functions  under
this  Act  shall  be  deemed  to  be  public  servant  within  the  meaning  of  section  21  of  the
Indian Penal Code.

45  of  1860.

17.

(1) The  Government  may,  by  notification  in  the  Official  Gazette,  and  subject  to
the  condition  of  previous  publication,  make  rules  for  the  purposes  of  giving  effect  to  the
provisions  of  this  Act.

Chairperson,
Vice-Chairper-
son,  Members
and  staff  of
Commission
to  be  public
servant.

Power  to
make  rules.

Power  to
remove
difficulties.

Repeal  of
Mah.  Ord.
XXIX
of  2004
and  saving.

6

Maharashtra  State  Minorities  Commission Act,  2004

[ 2005 : Mah. XXXI

(2) 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,
both  Houses  agree  in  making  any  modification  in  rule  or  both  Houses  agree  that  rule
should  not  be  made,  and  notify  their  decision  to  that  effect  in  the  Official  Gazette,  the  rule
shall,  from  the  date  of  publication  of  such  decision  in  the  Official  Gazette,  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  or  omitted  to  be  done  under  that  rule.

(1)

18.

If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this  Act,  the
Government may, as occasion arises, by an order published in the Official Gazette, do anything,
not  inconsistent  with  the  provisions  of  this  Act,  which  appears  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 be laid, as soon as may be after it is made,

before  each  House  of  State  Legislature.

19.
repealed.

(1) The  Maharashtra  State  Minorities  Commission  Ordinance,  2004  is  hereby

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken  (including  any
notification  or  order  issued)  under  the  said  Ordinance,  shall  be  deemed  to  have  been  done,
taken  or  issued,  as  the  case  may  be,  under  this  Act.

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