The ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003
##### THE ASSAM GAZETTE

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###### EXTRAORDINARY

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###### PUBLISHED BY AUTHORITY

rr~ 160 Nxi~, ~~. 25 ~. 2003, 3 ~"f. 1925 (~)

No.160 Dispur, Friday, 25th July, 2003, 3rd Sravana, 1925 (S.E.)

GOVERNMENT OF ASSAM

LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH

**CORRIGENDUM**

The 25th July, 2003

No. LGL.92/2002/25. -In the Assam State Commission for Minorities
Act, 2003 (Assam Act No. XX of 2003), published in the Extra Ordinary
Assam Gazette vi de this Department Notification No. LGL.92/2002/8, dated
9th Mciy, 2003, -

(i) in section 2, in clause (a), please read "Commission" in lieu of

"Commissions" ;

(ii) please read the provisions of sub-section (2) of section 3 as -

"{2) The Commission shall consist of a Chairperson and two members to be
nominated by the State Government from amongst persons of eminence,
ability and integrity and they shall be from amongst the Minority
Communities :

Provided that one such member shall be from the Religious
Minority and the other from the Linguistic Minority Community."


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in lieu of the existing provisions -

"(2) The Commission shall consist of a Chairperson and two 7:

members to be nominated by the State Government from
amongst persons of eminence, ability and integrity and
they shall be from amongst the Minorities Communities.";

(iii) in section 4, in sub-section (3), in clause (f), in the first
paragraph, please read "Minorities or public interest :"
in lieu of" Minorities of public interest :" ;
(iv) in section 9, in sub-section (2),-
(a) in clause (a), please read "summoning and enforcing"

in lieu of "summoning and any enforcing" ;
(b) in clause (e), please read "issuing summons" in lieu of

"issuing commissions" ;
(v) please read the provisions of section 10 as -

"GrantsbyStatel0.(1) The State Government shall, after the appropriation
Government. made by the State Legislature by law in this behalf,
pay to the Commission by way of grants such sums of
money as the State Government may think fit for being
utilised for the purposes of this Act.
(2) Specific Budget provision shall be made in the State

annual Budget estimates for providing grants referred
to in sub-section (1).
(3) The Commission may spend such sums 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 (1)."

in lieu of the existing provisions -

"Grants by State 1 O .(1) The State Government shall after the appropriation made
Government. by the State Legislature by law in this behalf, pay to
the Commission by way of grants such sums of money
as the State Government may think fit for being utilised
for the purposes of this Act.
(2) The Commission may spend such sums 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 (l)."

K. D. PHUKAN,
Secretary to the Govt. of Assam,
Legislative Department.

GUWAHATI- Printed & Published by the Dy. Director (P&S), Directorate of Ptg. & Sty.,

Assam, Guwahati-21 (Ex-Gazette) No. 319-500-600-25-7-2003.


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**Registered No. - 768/97**

### THE ASSAM GAZETTE

###### ~~c:r
 EXTRAORDINARY

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###### PUBLISHED BY AUTHORITY

'1~ I 02 ~~' ~ ill"f~, 9 ~ ', 2003, 19 ~?f , 1925 (~)

No. I 02 Dispur, Friday, 9th May, 2003, 19th Vaisakha, 1925 (S.E.)

~l- \    - -------·------------------------------
###### ' .

f

I.

f GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

###### LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH

**NOTIFICATION**

The 9th May, 2003

**No. LGL.92/2002/8.-- The** following Act of the Assam Legislative ·

Assembly which received the assent of the Governor is hereby published for

general information.


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###### ASSAM ACT NO. XX OF 2003 . /

(Received the assent of the Governor on 8th May, 2003)

###### THE ASSAM STATE COMMISSION FOR MINORITIES ACT, 2003

AN

ACT

to constitute a State Commission for Minorities and to provide
for matters connected therewith or incidental thereto.

Whereas, it is expedient to constitute a State

Preamble

Commission for Minorities and to provide for matters connected
therewith or incidental thereto,

It is hereby enacted in the Fifty-fourth Year of the
Republic of India as follows:-

Short title, 1. ( 1) This Act may be called the Assam State Commission for
extent and Minorities Act. 2003.
commence-
ment. (2) It extends to the whole of Assam.

(3) It shall come into lorce on such date as the State
Government may, by notification in the Official Gazette,
appoint.

Definitions. 2. In this Act. unless the context otherwise requires :

(a) "'Commissions" means the Assam State Commission for
Minorities constituted under section 3 ;

(b) ''State Government" means the Government of Assam ;

(c) "Member" means a Member of the Commission;

( d) "Minority" for the purpose of this Act, means the persons
belonging to Religious as well as Linguistic Minorities,
residing in the State of Assam; who are otherwise eligible
to be considered and declared by the State Govt. as
Minorities mentioned in Article 30 of the constitution of
India;

( e) "Prescribed" means prescribed by rules made under this
Act.

Constitution 3. ( 1) The State Government shall constitute a body to be known
of the Assam as the Assam State Commission for Minorities to exercise

State
Commission the powers con !erred on, and to perform the functions

for Minorities. assigned to under this Act.


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(2) The Commission shall consist of a Chairperson and two
members to be nominated by the State Government from
amongst persons of eminence, ability and integrity and
they shall be from amongst the Minorities Communities.

Term of 4. ( 1) The Chairperson and every Member shall hold office for
office and a term of three years from the date he assumes office. ·
conditions
of scr\'icc of (2) The Chairperson or a Member may, by writing under his
Chairperson
and hand addressed to the State Government, resign from
Members. the office of the Chairperson or, as the case may be, of

the Member at any time.

(3) The State Government shall remove a person from the
office of Chairperson or a Member referred to in sub-
section (2) if that person -

(a) become an undischarged insolvent;

(b) is convicted and sententenced to imprisoment for an
###### offence which, in the opinion of the State
Government, involves moral turpitude;

(c) becomes 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) has, in the opinion of the State Government, so abused
the position of Chairperson or Member as to render
that person's continuance in office detrimental to the
interests of Minorities of public interest:

Provided that no person shall be removed under
this clause until he 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 up by fresh nomination.

(5) The salaries and allowances payable to, and the other
terms and conditions of service of the Chairperson and
Member, shall be such as may be prescribed.


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Officers and 5. ( 1) The State Government shall provide the Commission with
other a Secretary and such other officers and employees as may
employees
of the be necessary for the efficient performance of the functions
Commission. of the Commission .

(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 he such as may be prescribed.

Salaries and 6. The salaries and allowances payable to the Chairperson and
allowances Member and the administrative expenses, including salaries
to be paid

and allowances payable to the officers and other employees,

out of
grants. shall be paid out of the grants referred to in sub-section (1)

###### of Section 10.

Vacancies 7. No act or proceedings of the Commission shall be questioned
etc. not to

or shall be invalid merely on the ground of the existence of

invalidate
proceedings any vacancy or defect in the constitution of the Commission.
of the
Commission.

Procedure to 8. ( 1) The headquarter of the Commission shall be at Guwahati.
be regulated
by the (2) The Commission shall regulate its own procedure.
Commission.

(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.

Function of 9. ( 1) The Commission shall perform all or any of the following
the functions, namely :-
Commission.

(a) evaluate the progress of the development of Minorities
under the State ;

(b) Monitor the working of the safeguards provided in
the Constitution and in Jaws enacted by the Parliament
and the State Lagislature ;

'(c) Make recommendations for the effective
implementation of safeguards for the protection of
the interests of Minorities by the State Government;


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(d) look into specific complaints regrding deprivation of
rights and safeguards of the Minorities and takeup
such matters with appropriate authorities under the
control of the State Government ;

(e) cause studies to be undertaken into problems arising
out of any discrimination against Minorities and
recommend measures for their removal ;

(f) conduct studies, research and analysis on the issues
relating to socio-economic and educational
development of Minorities ;

(g) suggest appropriate measures in respect of any
Minority to be undertaken by the State Government ;

(h) make periodical or special reports to the State

Government on any matter pertaining to minorities
and in particular difficulties faced by them ; and

( i) any other matter which may be referred to it by the

State Government ;

(2) The Commission shall, while performing any of the
functions mentioned in sub-clauses (a) and (d) of sub-
section (1) have all the powers of a civil court trying a
suit and in particular, in respect of the following matters,
namely :-

(a) summoning and any enforcing the attendance of any
person from any pa11 of the State and examining him
on oath;

(b) requiring the discovery and production of any
document;

(c) receiving evidence on affidavits;

(d) requisitioning any public record or copy thereof from
any office;

( e) issuing commissions for examination of witnesses and
documents ; and

(f) any other matter which may be prescribed.


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(3) The advice of the Commission and, especially, the
findings of the Commission concerning deprivation of
any right of the Minorities or any infringement of any
well-being of the Minority by omission or commission,
shall ordinarily be binding upon the State Government.

Grants by I 0. ( 1) The State Government, shall after the appropriation made
State

by the State Legislature by law in this behalf, pay to the

Government.

Commission by way of grants such sums of money as
the State Government may think fit for being utilised
for the purposes of this Act.

(2) The Commission may spend such sums as it thinks fit
for perfonning the functions under this Act, and such
sums shall be treated as expenditure payable out of the
grants referred to in sub-section (1 ).

Accounts 11. (I) The commission shall maintain proper accounts and other
and audit.

relevant records and prepare an annual statement of
accounts in such forn1 as may be prescribed by the State
Government in consultation with the Accountant General,
Assam.

(2) The Accountant General and any person appointed by
him in connection with the audit of the accounts of the
Commission under this Act shall have the same rights
and privileges and authority in connection with such
audit as the Accountant General generally has in
connection with the audit of Government accounts and,
in particular, shall have the right to demand the
production of books, accounts, connected vouchers and
other documents and paper and to inspect any of the
offices of the Commission.

Annual 12~ The Commission shall prepare, in such fom1 and by such
Report.

date for each financial year, as may be prescribed, its annual
report giving a full accounts of its activities during the
previous financial year and forward a copy thereof to the
State Government.


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Annual 13. The State Government shall cause the annual

l{epor·t to report together with a memorandum of action
he laid before
the Asscmbl~ · - taken on the recommendations contained

therein, and the reasons for the non-acceptance,
i r any, such recommendations and the audit
report to be laid as soon as may be after the
report is received, before the Legislative
Assembly.

Chairperson, 14. The Chairperson, Member and employees of the
l\1c ,nber and

staff to be Commission shall be deemed to be public Central Act.
public servants within the meaning of Section 21 of 45 of 1860.
serYants. the Indian Penal Code.

PoH er to 15 . (I) The State Government may by notification
make rules ..

in the Official Gazette, make rules for
earring out the provisions of this Act.

(2) 1n particular and without prejustice to the

,. generality of the forgoing power, such rules

may provide for all or any of the following

matters, namely :-

(a) Salaries and allowances payable to, and
other tenns and conditions of services of
the Chairperson and Members under sub-
section (5) of section 4 and other officers
and employees under sub-section (2) of
section 5 ;

(b) any other matter under clause (f) of sub-
section (2) of Section 9;

(c) the form in which the accounts shall be
maintained and the annual statement of
accounts shall be prepared under sub-
section (I) of section 11 ;

( d) the form in and the time at, which the

annual report shall be prepared under
section 12 ;

(e) any other matter which is required to be or

may be prescribed.


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(3) Every rule made under this section shall be laid as soon
as may be after it is made, before the Assam Legislative
Assembly while it is in session for a total period of
fourteen days which may be comprised in one session

or in two successive sessions and if, before the expiry
of the session in which it is also laid or the sessions
immediately following the Assam Legislative
Assembly agree in making any modification in the rule
or the Assam Legislative Assembly agrees that the
rule should not be made, the rule shall thereafter have
effect only in such modified fo1111 or he of no effect,
as the case may be, so however, that an y s uch
modification or annulm~nt sha ll be \\'ithout prejudice
to the va lidity of the anything previously done under
that rule.

Power to 16. (1) If any difficulty arises in giving effect to the provision
remove

of this Act. the State Government may, by order

difficulties.

published in the Official Gazette, make such proYisions.
not inconsistent with the provisions of this Act, as

_I_ . f·

app ears to it to be necessary or expedient lor n:mo\·ing
the difficulty: ' _1;_

ti

Provided that no such order shall be made after
the expiry of a period or two years from the date of '
commencement of this Act.

(2) E\·cry order made under this section shall. as soon as

may be after it is made, be laid before the State

Legislature.

ARVIND DAVE

GOVERNOR OF ASSAM .

K. D. PHUKAN,

Secretary to the Govt. of Assam ,

Legislative Department.

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(i l i WAH /\Tl- Prinll'd & l'uhlishcd hy the Dy. Director (P&S). Directorate uf Ptg. & Sty ..

Assam . ( luwahati-21 (Ex-( iazctte) No. 203-500-600-9-5-200 3.

###### I 'I l


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