Chapter II STATE COMMISSION FOR MINORITIES

1. (1) As soon as may be after commencement of this Act, the Government shall constitute a body to be called as the Maharashtra State Minorities Commission to exercise the powers conferred on, and to perform the functions assigned to the Commission, under this Act with its headquarter at Mumbai.
2. (2) The Commission shall consist of,-
   • (a) a Chairperson, Vice-Chairperson and nine other Members to be nominated by the Government from amongst persons of eminence, ability and integrity: Provided that, all the Members including the Chairperson and the Vice-Chairperson shall be from amongst the Minorities; and
   • (b) the Secretary appointed by the Government shall be an officer not below the rank of Deputy Secretary to Government.

1. (1) Subject to the pleasure of the Government, the Chairperson, Vice-Chairperson and every Member of the Commission, shall hold office for a term of five years from the date he assumes office.
2. (2) The Chairperson, Vice-Chairperson or a Member may, resign from his office in writing under his signature addressed to the Government, but shall continue in office until his resignation is accepted.
3. (3) The Chairperson, Vice-Chairperson and other Members shall receive such salary and allowances, as may be prescribed.
4. (4) The salary and allowances payable to the Chairperson, Vice- Chairperson and other Members shall be defrayed out of the grants referred to in sub-section (2) of section 11.
5. (5) A casual vacancy in the office of a Member shall be filled up as soon as may be, by the Government and a Member so nominated shall hold office so long as the Member in whose place he is nominated would have held office.
6. (6) In the absence of the Chairperson, the Vice-Chairperson shall perform the functions of the Chairperson under the Act and rules made thereunder.

1. (1) A person shall be disqualified for being appointed as and for being continued as the Chairperson, the Vice-Chairperson or a Member, as the case may be, if he-
   • (a) is convicted and sentenced to 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) is 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 the Chairperson, Vice-Chairperson or Member as to render that person's continuance in office as 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. (2) Any person who is disqualified under sub-section (1) shall be removed by the Government.

1. (1) The Secretary shall receive such salary and other allowances as the Government may determine from time to time.
2. (2) The Government may grant from time to time, leave of absence to the Secretary.
3. (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.

1. (1) The Government shall provide such staff to the Commission, as may be required for the proper functioning of the Commission.
2. (2) The administrative expenses of the Commission including the salaries, allowances and pensions payable to the Secretary and other officers and staff of the Commission shall be paid out of the grants referred to in sub-section (2) of section 11.

1. (1) The Commission shall meet as and when necessary at Mumbai or at other places, as the Chairperson may think fit : Provided that the Commission shall meet at least once in three months.
2. (2) The Commission shall regulate its own procedure.
3. (3) All the 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.

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 defect in the constitution of the Commission.