Section 9 in The National Commission for Minority Educational Institutes Act, 2004

Title: Procedure to be regulated by Commission

Description: (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 authorised by the Secretary in this behalf.

Title: Right to establish a Minority Educational Institution

Description: 1[10. Right to establish a Minority Educational Institution.—2[(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.] 1. Subs. by Act 18 of 2006, s.3, for CHAPTER III (w.e.f. 23-1-2006). 2. Subs. by Act 20 of 2010, s. 4, for sub-section (1) (w.e.f. 1-9-2010).

Title: Right of a Minority Educational Institution to seek affiliation

Description: 1[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.] 1. Subs. by Act 18 of 2006, s.3, for CHAPTER III (w.e.f. 23-1-2006).

Title: Functions of Commission

Description: 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; 1[(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.] 1. Subs. by Act 18 of 2006, s.4, for cls. (b) and (c) (w.e.f. 23-1-2006).

Title: Powers of Commission

Description: (1) If any dispute arises between a minority educational institution and a 1*** 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. 2[(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).] 1. The word "Scheduled" omitted by s. 5, ibid. (w.e.f. 23-1-2006). 2. Ins. by Act 18 of 2006, s. 5 (w.e.f. 23-1-2006).