Tamil Nadu State Minorities Commission Act, 2010
No: 21 Dated: May, 27 2010
Tamil Nadu State Minorities Commission Act, 2010
(Act No. 21 of 2010)
An Act to constitute a State Commission for Minorities and to provide for matters connected therewith or incidental thereto.
Be it enacted by the Legislative Assembly of the State of Tamil Nadu in the Sixty-first Year of the Republic of India as follows:-
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Tamil Nadu State Minorities Commission Act, 2010.
(2) It extends to the whole of the State of Tamil Nadu.
(3) It shall come into force on such date as the State Government may, by notification, appoint.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Commission" means the Tamil Nadu State Minorities Commission constituted under section 3;
(b) "Government" means the State Government;
(c) "member" means a member of the Commission and includes the Chairperson and the Member-Secretary;
(d) "minorities" mean the persons belonging to minority communities residing in the State of Tamil Nadu whom the Government have recognized as minorities;
(e) "prescribed" means prescribed by rules.
CHAPTER - II.
Tamil Nadu State Minorities Commission.
3. Constitution of the Commission. - (1) The Government shall, by notification, constitute a body to be known as the Tamil Nadu State Minorities Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of,-
(a) a Chairperson and six other members to be nominated by the Government, from amongst persons of eminence, ability and integrity:
Provided that the members including the Chairperson shall be from amongst the minority communities; and
(b) the Commissioner of Minorities Welfare - Member-Secretary.
(3) The head quarters of the Commission shall be at Chennai and the Government may establish one or more offices of the Commission at any other place in the State.
4. Term of office and conditions of service of the Chairperson and members. - (1) The Chairperson and every member of the Commission shall hold office for such period, not exceeding three years, as may be specified by the Government in this behalf.
(2) The Chairperson or a member may, at any time, by writing and addressed to the Government, resign from the office of Chairperson or member, as the case may be, but shall continue in office until his resignation is accepted.
(3) The honorarium and allowances payable to, and the other terms and conditions of service of, the Chairperson and members shall be such as may be prescribed.
(4) Notwithstanding anything contained in sub-section (1), the Government shall remove a person from the office of Chairperson or any 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 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;
(f) in the opinion of the Government, has so abused the position of Chairperson or member, as the case may be, as to render that person's continuance in office detrimental to the public interest:
Provided that no member shall be removed from office under this sub-section until that member has been given a reasonable opportunity of being heard in the matter.
(5) A vacancy caused under sub-section (2) or sub-section (4) or otherwise shall be filled by fresh nomination by the Government and the person so nominated shall hold office for the remainder of the term of office of the person in whose vacancy such person has been nominated would have held office, if the vacancy had not occurred:
Provided that if a vacancy of a member, other than that of the Chairperson, occurs within six months preceding the date on which the term of office of the member expires, such vacancy shall not be filled in.
Explanation. - For the purpose of this section, "member" does not include "Member-Secretary".
5. Procedure to be regulated by the Commission. - (1) The Commission shall meet as and when necessary atleast once in a month and shall meet 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 Member-Secretary or any other Officer of the Commission duly authorised by the Member-Secretary in this behalf.
6. Vacancies, etc. not to invalidate proceedings of the Commission. - No act or proceeding of the Commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy in, or defect in the constitution of, the Commission, or any defect in the nomination of a person acting as the Chairperson or a member or any irregularity in the procedure of the Commission, including in issuing of notice for holding of a meeting, not affecting merits of the matter.
7. Officers and other employees of the Commission. - (1) The Government shall provide the Commission with such 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 of the Commission shall be such as may be prescribed.
(3) The officers and employees referred to in sub-section (1) shall be under the administrative control of the Chairperson.