Chapter III POWERS AND FUNCTIONS OF THE COMMISSION

The Commission shall perform the following functions, namely:—

1. (a) to evaluate the progress of the development of minorities in the State;
2. (b) to enquire and monitor the manner of functioning of various safeguards provided, in the Constitution of India or under any other law or under any order of the Government, for the welfare, protection and empowerment of the minorities in Kerala;
3. (c) to enquire in to specific complaints about deprivation of social, economic, educational and linguistic rights, safeguards and benefits of the minorities, to bring such matters into the notice of authorities concerned, to suggest remedial measures and to monitor the follow-up actions thereon;
4. (d) to participate in and give creative suggestions on, the planning programmes for the educational, social and economic development of the minorities;
5. (e) to make recommendations as to the steps to be taken by the Government for the effective implementation of the measures and safeguards for the educational, social and economic development, welfare and protection of the minorities and to make report to the Government either annually or at such other time, as the Commission may deem fit and to monitor their timely implementation;
6. (f) to cause studies to be undertaken into various problems arising out of discrimination towards minorities and recommend measures for their removal;
7. (g) to conduct studies, research and analysis and to organize seminars, symposium and awareness classes on the issues relating to social, economic and educational advancement of minorities;
8. (h) to suggest appropriate measures to be adopted by the Government in respect of minority;
   • (i) to submit report to the Government periodically or specially, on any matter pertaining to minorities, particularly in respect of difficulties being faced by them and their remedial measures;
9. (j) to discharge such other functions in relation to the protection, welfare, development and advancement of the minorities, as may be prescribed;
10. (k) to take necessary steps to ensure the representation of minorities proportionate to their population in various employment projects and social development projects;
11. (l) to ensure the efficient functioning of the law and order system in communal conflict prone areas and to bring lapses to the notice of the Government;
12. (m) any other matter pertaining to minorities, entrusted by the Government.

If any case

of difficulty in the matter of issuing of Minority Community Certificate, in

the manner and form specified by the Government, to persons belonging to Minority Communities residing in the State, comes to the notice of the Commission, the Commission may report the same to the Government and suggest remedial measures.

The State Government shall cause the reports

referred to in clause (e) of section 9, to be laid before the Legislative Assembly explaining the action taken or proposed to be taken thereon and also the reasons, if any, for non-acceptance of the recommendations.

1. (1) The Commission, while performing its functions under section 9, shall have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely: —
   • (a) summoning and enforcing the attendance of any person from any part of the State and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) receiving evidence on affidavits;
   • (d) demanding any public record or copy there of from any court, office or other institutions;
   • (e) the examination of witnesses and inspection of records; and
   • (f) any other matter as may be prescribed.
2. (2) Subject to the claim that may be raised by any person that he has special powers under any existing law, the Commission shall have the power to require any person to furnish information relating to any matter or subject which in the opinion of the Commission are the basis of, or relevant to, the subject of inquiry and the person so required shall be included within the meaning of sections 176 and 177 of the Indian Penal code, 1860 (Central Act 45 of 1860) and be deemed to be liable as per law to furnish such information.
3. (3) If the Commission or any officer not below the rank of Gazetted Officer, who is specially authorised by the Commission in this behalf, has sufficient reason to believe that records connected with the subject under enquiry are likely to be traced, may enter into any building or place at the time as may be prescribed and subject to the provisions of section 100 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), to the extent they are applicable, seize any such record or take its extracts or copies.
4. (4) The Commission shall be deemed to be a civil court and where an offence as defined in sections 175, 178, 180 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860) is committed in the presence of the Commission, the Commission shall, after recording the statement of the accused and the facts pertaining to the offence as provided in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the same shall be transferred to the Magistrate having jurisdiction to try it and the Magistrate shall proceed to hear the complaint against the accused as if it has been transferred to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
5. (5) All the proceedings before the Commission under section 9 shall, for the purposes of section 196 of the Indian Penal Code, 1860 (Central Act 45 of 1860), be deemed to be the judicial proceedings within the meaning of sections 193 and 228 and for all the purposes of Chapter XXVI and section 195 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), the Commission shall be deemed to be a civil court.
6. (6) The Commission may, for the purpose of taking evidence in connection with enquiries, utilise the services of any officer of the State Government or investigation agency.
7. (7) The officer or investigation agency whose services have been utilised under sub-section (6), shall take evidence after making enquiry relating to it and the report thereon shall be submitted to the Commission within the period fixed by the Commission in this behalf.
8. (8) The Commission shall satisfy itself regarding the correctness of any inferences arrived at in the report or facts in the report submitted under sub-section (7) and for this purpose it may conduct enquiry as it deems fit, including the examination of the person who had taken the evidence or assisted for the same.

The statement given by an individual about himself at the time of giving evidence before the Commission, shall not be used against the said individual in the proceedings before any civil court or criminal court, except in prosecution proceedings for giving false evidence by such statement:

Provided that such statement shall be,—

1. (a) given as a reply to a question which is required by the Commission to be answered by that person; or
2. (b) relevant to the subject matter in which the evidence is taken.

At any stage of taking evidence, if the Commission,—

1. (a) is of the opinion that it is necessary to enquire into the conduct of any individual; or
2. (b) is of the opinion that taking of evidence will prejudicially affect the reputation of any individual; such person shall be given a reasonable opportunity of being heard, to produce evidence to defend and to conduct in cameraproceedings if he so requests by an application, in the enquiry.