Chapter II STATE COMMISSION FOR MINORITIES

(1) As soon as may be after the commencement of this Act, the Government shall constitute 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.

1[(2) The Commission shall consist of,-

1. (a) the Chairman who shall be a person of a minority community and eight other members from the minority community holding a degree from a recognized university out of which not less than one each member shall be from Christian, Jain, Buddhist, 2[Sikh and Zorostrian (Parsis) community] .
2. (b) the Secretary of the Commission, appointed by the Government being an officer not below the rank of Deputy Secretary to Government.] 3[Provided that at least one such member shall be a woman.]

¹ Substituted by Act 35 of 2011 w.e.f. 16.7.2011.

³ Inserted by Act 13 of 2016 w.e.f. 26.04.2016.

2 Substituted by Act 13 of 2016 w.e.f. 26.04.2016.

1. (1) 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.
2. (2) The Chairman or a member of the Commission may resign from his office in writing under his signature addressed to the Government, but shall continue in office until his resignation is accepted. 1[(3) The Chairman shall receive such salary and allowances and the other members shall receive such allowances as may be prescribed.]
3. (4) The salary and allowances payable to the Chairman and 1[allowances payable to other members] shall be defrayed out of the grants referred to in sub-section
4. (2) of section 12.
5. (5) A casual vacancy in the office of a member shall be filled up as soon as may be, by the authority concerned and a member so nominated shall hold office for the unexpired portion of the term of the office of his predecessor.

¹ Substituted by Act 35 of 2011 w.e.f. 16.7.2011.

(1) A person shall be disqualified for being appointed as and for being continued as the Chairman or a member as the case may be, if he ,- (a) has been convicted and sentenced for imprisonment for an offence which in the opinion of the Government involves moral turpitude; or (b) is of unsound mind and stands so declared by a competent court; or (c) is an undischarged insolvent; or (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or (e) refuses to act or becomes incapable of acting; or (f) without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or (g) has in the opinion of the Government, so abused the position of chairperson or member as to render that person's continuance in office is detrimental to the interests of the 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. (2) Any person who is disqualified under sub-section (1) shall be removed by the

1. (a) has been convicted and sentenced for imprisonment for an offence which in the opinion of the Government involves moral turpitude; or
2. (b) is of unsound mind and stands so declared by a competent court; or
3. (c) is an undischarged insolvent; or
4. (d) has been removed or dismissed from service of the Central Government or a State Government or a body or corporation owned or controlled by the Central Government or a State Government; or
5. (e) refuses to act or becomes incapable of acting; or
6. (f) without obtaining leave of absence from the Commission, absents from three consecutive meetings of the Commission; or
7. (g) has in the opinion of the Government, so abused the position of chairperson or member as to render that person's continuance in office is detrimental to the interests of the 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.

1. (2) Any person who is disqualified under sub-section (1) shall be removed by the

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

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

Staff of the Commission .- (1) The Government shall provide such staff to the Commission, as may be required for the proper functioning of the Commission.

1. (2) The administrative expenses of the Commission including the salaries, allowances and pensions payable to the Secretary and other officers and staff of the

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 atleast once in three months.

1. (2) The Commission shall regulate its own procedure.
2. (3) All the orders and decisions of the Commission shall be authenticated by the

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.