Chapter II THE DELHI MIORITIES COMMISSION

(1) The Chairperson or a Member shall hold office for a term of three years from the date he assumes office and be eligible for reappointment for one more term. (2) The Chairperson or a Member may resign from his office in writing under his signature addressed to the Government. (3) The Chairperson and Members shall be entitled to such salary, allowances, status and other facilities as may be prescribed. (4) The Government shall remove a person from the post of Chairperson or Member referred to in sub-clause(2) if that person-(a) becomes an undercharged insolvent; (b) is convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude; (c) become 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 absences from the Commission, absent from three consecutive meetings of the Commission; or (f) has, in the opinion of the Government of National Capital Territory, so abused the position of Chairperson, or Member, as to render that person’s continuance in office detrimental to the interests of Minorities or the public interest: Provided to that no person shall be removed under this clause until that person has been given a reasonable opportunity of being heard in the matter. (5) Any vacancy occurring in the Commission shall be filled as soon as may be by the Government for the un- expired part or the term of the out- going member

(1) The Secretary of the Commission shall be appointed by the Government in consultation with the Chairperson, and he shall not be below the rank of a Secretary to the Government. (2) The Secretary shall look after the day-to-day administration and shall work as directed by the Commission. (3) The Secretary shall cause the accounts of the commission to be maintained and shall discharge the duties cast on him by or under this Act. (4) The Secretary will be entitled to such salary and allowances as may be prescribed.

(1) The Government shall provide such staff, amenities and facilities to the Commission as may be determined by the government for the effective functioning of the commission. (2) The administrative expenses of the Commission, including the salaries, allowances, pensions and other amounts payable to the Secretary, officers and staff of the commission shall be paid as prescribed and paid out of the grants referred to in sub-section(2) of section 11 of this Act.

The Commission shall regulate its own procedure with prior approval of the Government.

(1) The Commission shall perform all or any of the following functions:-(a) examine the working of various safeguards provided in the Constitution of India or laws enacted by Parliament and the laws passed by the Legislative Assembly of Delhi for the protection of the Minority Communities, and to make recommendations to ensure their effective implementation; (b) monitor the implementation of the policies and schemes of the government for the welfare of Minority communities; (c) conduct studies, research and analysis in order to make recommendations to promote the socio-economic enlistment of the Minority Communities and facilitate their optimum participation in nation-building. (d) Cause studies to be undertaken into problems arising out of any discrimination against Minority Communities and recommend measures for their solutions; (e) hold seminars, debates and discussions on problems affecting the Minority Communities of Delhi to raise public awareness; (f) Assess the representation of minority Communities in the services of the government, semi-Government bodies and govt. Undertakings, Municipal Corporation of Delhi, Delhi Development Authority, New Delhi Municipal Council, other local authorities and in case of inadequate representation, to recommended remedial measures; (g) Make recommendations for ensuring, maintaining and promoting communal harmony in Delhi; (h) Look into specific complaints regarding the deprivation fo the rights and safeguards of the Minority communities and to take up such matters with the appropriate authorities for necessary action; (i) Serve as a Clearing House for information in respect of the Minority Communities in Delhi; (j) Deal with any other matter pertaining to the welfare of the Minority communities which may be referred to it by the Government. (2) Annual report The Commission shall prepare every year an annual Report giving a true and full account of its activities during the year, along with its recommendations, and copies there of shall be forwarded to the Government. The government shall without delay cause the same to be laid before the House of the Legislative Assembly of Delhi along with a report setting out the action taken, or proposed to be taken, on the recommendations and the reasons for non- acceptance, of such recommendations. (3) Special report The commission may submit to the Government special report on any matter of public importance pertaining to the interest of the Minority Communities. (4) Right to be heard In case of non- acceptance of any recommendations, the Commission shall have the right to be heard by the Minister –in-charge. (5) Quasi-judicial powers The Commission shall have, in carrying out its Function, the powers of a civil court trying a suit and, in particular , in respect of the following matters, namely:- 1. summoning and enforcing the attendance of any person and examining him on oath; 2. requiring the discovery and production of any document; 3. receiving evidence on affidavits; 4. requisitioning any public or institutional record, or copy thereof, from any office or institution of the government. (6) Power to utilize services of agencies The commission may, for the purposes of conducting any examination under this Act, utilize the services of any agency of the government with the prior approval of the government. (7) Protection for statement made to the commission No statement made by a person to the /commission in the course of giving evidence shall be used against him any court proceeding except for perjury.

No act, decision or proceeding of the commission shall be called in question or held invalid merely on the ground of any vacancy or defect in the constitution of the commission.