Chapter II THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS

Constitution of National Commission for Minority Educational Institutions.—(1) The Central Government shall, by notification in the Official Gazette, constitute a body to be known as the National Commission for Minority Educational Institutions to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

1. (2) The Commission shall consist of a Chairperson and three members to be nominated by the Central Government.

Qualifications for appointment as Chairperson or other Member.—(1) A person shall not be qualified for appointment as the Chairperson unless he,—

1. (a) is a member of a minority community; and
2. (b) has been a Judge of a High Court.

1. (2) A person shall not be qualified for appointment as a Member unless he,—
   • (a) is a member of a minority community; and
   • (b) is a person of eminence, ability and integrity.

Term of office and conditions of service of Chairperson and Members.—(1) Every Member shall hold office for a term of five years from the date on which he assumes office.

1. (2) A Member may, by writing under his hand addressed to the Central Government, resign from the office of Chairperson or, as the case maybe, of Member at any time.
2. (3) The Central Government shall remove a person from the office of 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 Central 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) in the opinion of the Central Government, has so abused the position of Chairperson or Member as to render that person's continuance in office detrimental to the public interest: Provided that no person shall be removed under this clause until that person has been given an opportunity of being heard in the matter.
3. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination and a person so nominated shall hold office for the unexpired period of the term for which his predecessor in office would have held office if such vacancy had not arisen.
4. (5) The salaries and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

Officers and other employees of Commission.—(1) The Central Government shall provide the Commission with 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.

1. (2) The salaries and allowances payable to, and the other terms and conditions of service of, the Secretary, officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed.

Salaries and allowances to be paid out of grants.—The salaries and allowances payable to the Chairperson and Members and the administrative expenses, including salaries, allowances and pensions payable to the Secretary, officers and other employees referred to in section 6, shall be paid out of the grants referred to in sub-section (1) of section 14.

Vacancies, etc., not to invalidate proceedings of Commission.—No act or proceeding of the commission shall be questioned or shall be invalid on the ground merely of the existence of any vacancy or defect in the constitution of the Commission.

Procedure to be regulated by Commission.—(1) The Commission shall meet as and when necessary at such time and place as the Chairperson may think fit.

1. (2) The Commission shall regulate its own procedure.
2. (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 Secretary in this behalf.