The Andhra Pradesh State Minorities Commission Act, 1998

Short title, extent and commencement:

1. (1) This Act may be called the Andhra Pradesh State Minorities Commission Act, 1998.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions: In this Act, unless the context otherwise requires,—

1. (a) "Commission" means the Andhra Pradesh State Minorities Commission constituted under section 3;
2. (b) "Government" means the State Government;
3. (c) "Member" means a member of the Commission and includes the Chairman and Vice-Chairman;
4. (d) "Minority", for the purposes of this Act, means a community notified as such by the Central Government;
5. (e) "Notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
6. (f) "Prescribed" means prescribed by rules made under this Act.

Constitution of the Commission

1. (1) The Government shall, by notification in the Andhra Pradesh Gazette, constitute a body to be known as the Andhra Pradesh State Minorities Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.
2. (2) The Commission shall consist of a Chairman, a Vice-Chairman and five other Members to be nominated by the Government from among the persons who are persons of ability, integrity and standing and who have served for the welfare of the minorities or have special knowledge in matters relating to the minorities.
3. (3) The Government shall appoint 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.

Term of office of Chairman, Vice-Chairman and Members

1. (1) The Chairman, the Vice-Chairman and every Member shall hold office for a period of three years from the date on which he assumes office.
2. (2) The Chairman, the Vice-Chairman or a Member may, by writing under his hand addressed to the Government, resign from the office of Chairman, Vice-Chairman or as the case may be, of the Member at any time.
3. (3) The Government shall remove a person from the office of Chairman, Vice-Chairman or 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 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 Government, so abused the position of Chairman, Vice-Chairman 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. (4) A vacancy caused under sub-section
5. (2) or otherwise or by any reason, shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term of his predecessor.
6. (5) The salary and allowances payable to, and other terms and conditions of service of, the Chairman, Vice-Chairman and Members shall be such as may be prescribed.

Resignation and removal:

1. (a) The Chairman or any other member may, by notice in writing under his hand addressed to the Government, resign his office: Provided that the resignation shall not take effect until it is accepted by the Government.
2. (b) The Government shall remove a person from office of Chairman or member if that person—
   • (i) becomes an undischarged insolvent;
   • (ii) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude;
   • (iii) becomes of unsound mind and stands so declared by a competent court;
   • (iv) refuses to act or becomes incapable of acting;
   • (v) is, without obtaining leave of absence from the Commission, absent from three consecutive meetings of the Commission; or
   • (vi) has, in the opinion of the Government, so abused the position of Chairman or member as to render that person’s continuance in office detrimental to the public interest:

Filling of casual vacancies Filling of casual vacancies:— Any casual vacancy in the office of Chairman, Vice-Chairman or a Member caused by resignation, death or otherwise shall be filled by the Government for the remainder of the term of the person in whose place such vacancy is filled.

Staff of the Commission

1. (1) The State Government shall provide the Commission with such officers and employees as may be necessary for the efficient performance of the functions of the Commission under this Act.
2. (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.

Meetings of the Commission

1. (1) The Commission shall meet as and when necessary at such time and place as the Chairman may think fit.
2. (2) The Commission shall regulate its own procedure.
3. (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.

Procedure to be regulated by the Commission.—

1. (1) The Commission shall meet as and when necessary and shall meet at such time and place as the Chairman may think fit.
2. (2) The Commission shall regulate its own procedure.
3. (3) All orders and decisions of the Commission shall be authenticated by the Secretary or any other officer of the Commission duly authorized by the Chairman in this behalf.

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

Functions of the Commission Functions of the Commission.—Subject to the provisions of this Act, the Commission shall perform all or any of the following functions, namely:—

1. (a) to examine the working of various safeguards provided in the Constitution of India and the laws passed by the State Government for the protection of minorities;
2. (b) to make recommendations with a view to ensure effective implementation and enforcement of such safeguards and laws;
3. (c) to undertake review of the implementation of the policies of the State Government with respect to minorities;
4. (d) to look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;
5. (e) to cause studies, research and analysis to be undertaken on the issues relating to socio-economic and educational development of minorities;
6. (f) to suggest appropriate measures in respect of any minority to be undertaken by the Government;
7. (g) to periodically or frequently submit reports to the Government on all matters pertaining to minorities and in particular upon the difficulties encountered by them; and
8. (h) any other matter which may be referred to it by the Government.

Powers of the Commission.—The Commission shall, while performing its functions under section 11, have all the powers of a civil court trying a suit and, in particular, in respect of the following matters, namely:—

1. (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
2. (b) requiring the discovery and production of any document;
3. (c) receiving evidence on affidavits;
4. (d) requisitioning any public record or copy thereof from any office; and
5. (e) any other matter which may be prescribed.

Grants by the Government: The Government may, after due appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the Government may think fit for being utilised for the purposes of this Act.

Accounts and Audit:

1. (1) The Commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such form as may be prescribed by the Government in consultation with the Accountant General, Andhra Pradesh.
2. (2) The accounts of the Commission shall be audited by the Accountant General at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the Commission to the Accountant General.
3. (3) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Commission shall have the same rights and privileges and the authority in connection with such audit as the Accountant General 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 papers and to inspect any of the offices of the Commission.
4. (4) The accounts of the Commission as certified by the Accountant General or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annually to the Government by the Commission and the Government shall cause the audit report to be laid before the Legislative Assembly.

Chairman, Vice-Chairman, Members and Staff of the Commission to be public servants.- The Chairman, Vice-Chairman, Members, Officers and other employees of the Commission shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code, 1860.

Annual Report.-

1. (1) The Commission shall prepare in such form and at such time each financial year as may be prescribed, its annual report, giving a full account of its activities during the previous financial year and forward a copy thereof to the Government.
2. (2) The Government shall cause the annual report to be laid before the Legislative Assembly as soon as may be after it is received by the Government.

Annual Report and Audit Report to be laid before the Legislative Assembly. -

1. (1) The Commission shall prepare an annual report at the end of each financial year, giving a true and full account of its activities during the previous financial year and forward a copy thereof to the Government.
2. (2) The Government shall cause the annual report and the audit report to be laid, as soon as may be after they are received, before the Legislative Assembly.

Power to make rules. -

1. (1) The Government may, by notification in the Andhra Pradesh Gazette, make rules for carrying out all or any of the purposes of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the Legislative Assembly if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislative Assembly agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date on which the modification or annulment is notified have effect only in such modified form or shall stand annulled as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties:

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Andhra Pradesh Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of two years from the date of commencement of this Act.
2. (2) Every order made under this section shall, as soon as may be after it is made, be laid before the Legislative Assembly of the State.