Section 1 in The National Commission for Minority Educational Institutes Act, 2004
Title: 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 1***.
(3) It shall be deemed to have come into force on the 11th day of November, 2004.
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).
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 1*** University;
2[(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;]
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(c) "Commission" means the National Commission for Minority Educational Institutions constituted under section 3;
2[(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;
2[(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;
5[(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;
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(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.
1. The word "Scheduled" omitted by Act 18 of 2006, s.2 (w.e.f. 23-1-2006).
2. Ins. by s. 2, ibid. (w.e.f. 23-1-2006).
3. Cl. (b) omitted by Act 20 of 2010, s. 2 (w.e.f.1-9-2010).
4. Subs. by s. 2, ibid., for cl. (g) (w.e.f. 1-9-2010).
5. Cl. (j) omitted by Act 18 of 2006, s. 2 (w.e.f. 23-1-2006).
Title: 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 1[three members] to be nominated by the Central Government.
1. Subs. by Act 20 of 2010, s. 3, for "two members" (w.e.f. 1-9-2010).
Title: 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.
Title: 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 may be, 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.