District Minority Officer Notes Day-11

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THE KARNATAKA STATE MINORITIES COMMISSION ACT, 1994

The Government constituted a body to be called as the Karnataka State Minorities Commission to exercise the powers conferred on. And to perform the function assigned to it under this Act with its headquarters at Bangalore.

Composition of the Commission

The Commission shall consist of, –

(a) a Chairman and six other members to be nominated by the Government, from amongst persons of eminence, ability and integrity: Provided that five members including the Chairman shall be from amongst the minorities communities; and

(b) Secretary of the Commission, appointed by the Government being an officer not below the rank of a Joint Secretary to Government.

Term of office and conditions of service of the Chairman and members

Subject to the pleasure of the Government, the Chairman and members of the Commission shall hold office for a term of three years from the date they assume their offices.

Secretary

(1) The Secretary shall receive such salary and other allowance as the Government may determine from time to time.

(2) The Government may grant from time to time leave of absence to the Secretary.

(3) The Secretary shall be the Chief Executive of the Commission and shall

(a) operate the grants of the Commission;

(b) cause to be maintained accounts of the Commission; and

(c) discharge such other functions, which are conferred on him by or under this Act or any other law for the time being in force.

Meetings of the Commission

(1) The Commission shall meet as and when necessary at Bangalore or at other places as the Chairman may think fit: Provided that the Commission shall meet at least once in three months.

(2) The Commission shall regulate its own procedure.

(3) All the orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Secretary in this behalf.

Vacancies etc., not to invalidate proceedings of the Commission.

No act or proceeding of the Commission shall be questioned or shall be invalid merely

• on the ground of the existence of any vacancy or
• deficit in the constitution of the Commission.

Functions of the Commission. –

(1) The functions of the Commission shall be as follows: –

(a) to examine the working of various safeguards provided in the Constitution and in the laws passed by the State Legislature for the protection of minorities;

(b) to make recommendations with a view to ensuring effective implementation and enforcement of all the safeguards;

(c) to monitor the working of the safeguards provided in the constitution, laws enacted by the State Legislature and policies and schemes of the Government for minorities;

(d) to conduct studies, research and analysis on the questions of avoidance of discriminations against minorities;

(e) to make a factual assessment of the representation on minorities in the services of the Government undertakings, Government and quasi-Government bodies and in case representation is inadequate, to suggest ways and means to achieve the desired level;

(f) to make recommendations for ensuring, maintaining and promoting communal harmony in the State;

(g) to make periodical reports at prescribed intervals to the Government;

(h) to study any other matter which in the opinion of the Commission is important from the point of view of the welfare and development of minorities and to make appropriate recommendation;

(i) to consider the grievances of the minorities and to suggest appropriate solution from time to time;

(j) to investigate specific complaints regarding deprivation of rights and safeguards of minorities and take up such matter with the appropriate authorities.

Annual report and audit report to be laid before the State Legislature.

The commission should submit the following each year to the state government.

• Budget
• Accounts and audit report
• Annual report

The state government is obliged to take relevant action as recommended in the report. If the state government does not take any action, it must brief the reasons for not taking the action before the both houses of state legislature.

The Commission may, at its direction, submit from time to time, special reports on any matter of public importance to the Government.

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