Section 1 in The National Commission for Minorities Act, 1992

Title: Short title, extent and commencement

Description: (1) This Act may be called the National Commission for Minorities Act, 1992. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint. 1. The words "except the State of Jammu and Kashmir" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019). 2. 17th May, 1993, vide notification No. S.O. 317(E), dated 17th May, 1993, see Gazette of India, Extraordinary, Part II, sec. 3(ii)

Title: Definitions

Description: 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 1[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. 1. Added by Act 41 of 1995, s.2 (w.e.f. 18-9-1995).

Title: Constitution of the National Commission for Minorities

Description: (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 1[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. 1. Subs. by s. 3, ibid., for "Chairperson and six Members" (w.e.f. 18-9-1995).

Title: Term of office and conditions of service of Chairperson and Members

Description: (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.

Title: Officers and other employees of the Commission

Description: (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.

CHAPTER 1 PRELIMINARY