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National Commission for Minority Educational Institutions Act, 2004 Complete Act

Title: National Commission for Minority Educational Institutions Act, 2004

State: Central

Year: 2004

.....- Financial and administrative powers of Chairperson Chapter V Section14 - Grants by the Central Government Section15 - Accounts and audit Section16 - Annual report Section17 - Annual report and audit report to be laid before Parliament Chapter VI Section18 - Power to amend Schedule [Omitted] Section19 - Chairperson, Members, Secretary, employees, etc. of the Commission to be public servants Section20 - Directions by Central Government Section21 - Protection against action taken in good faith Section22 - Act to have overriding effect Section23 - Returns or information Section24 - Power to make rules Section25 - Power to remove difficulties Section26 - Repeal and saving ScheduleI - SCHEDULE [Omitted]

National Commission for Minority Educational Institutions Act, 2004 Chapter III

Title: Right of a Minority Educational Institution

State: Central

Year: 2004

.....Institution. ________________________________________ 1.Section 10 substituted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006. Section 10A - Right of a Minority Educational Institution to seek affiliation 1[Section 10A - Right of a Minority Educational Institution to seek affiliation (1) A Minority Educational Institution may seek affiliation to any University of its choice subject to such affiliation being permissible within the Act under which the said University is established. (2) Any person who is authorised in this behalf by the Minority Educational Institution, may file an application for affiliation under sub-section (1) to a University in the manner prescribed by the Statute, Ordinance, rules or regulations, of the University: Provided that such authorised person shall have right to know the status of such application after the expiry of sixty days from the date of filing of such application.] ______________________________ 1.Inserted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006.

National Commission for Minority Educational Institutions Act, 2004 Section 10

Title: Right to Establish a Minority Educational Institution

State: Central

Year: 2004

.....shall, on the grant of a no objection certificate or where the Competent authority has deemed to have granted the no objection certificate, be entitled to commence and proceed with the establishment of a Minority Educational Institution in accordance with the rules and regulations, as the case may be, laid down by or under any law for the time being in force. Explanation.-- For the purposes of this section,-- (a) "applicant" means any person who makes an application under subsection (1) for establishment of a Minority Educational Institution; (b) "no objection certificate" means a certificate stating therein, that the Competent authority has no objection for the establishment of a Minority Educational Institution. ________________________________________ 1.Section 10 substituted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006.

National Commission for Minority Educational Institutions Act, 2004 Section 12B

Title: Power of Commission to Decide on the Minority Status of an Educational Institution

State: Central

Year: 2004

.....which the appeal has been filed. (4) On receipt of the appeal under sub-section (3), the Commission may, after giving the parties to the appeal an opportunity of being heard, and in consultation with the State Government, decide on the minority status of the educational institution and shall proceed to give such directions as it may deem fit and, all such directions shall be binding on the parties. Explanation.--For the purposes of this section and section 12C, "authority" means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate Government, for the purpose of granting a certificate of minority status to an educational institution.] ______________________ 1.Inserted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006.

National Commission for Minority Educational Institutions Act, 2004 Section 10A

Title: Right of a Minority Educational Institution to Seek Affiliation

State: Central

Year: 2004

1[Section 10A - Right of a Minority Educational Institution to seek affiliation (1) A Minority Educational Institution may seek affiliation to any University of its choice subject to such affiliation being permissible within the Act under which the said University is established. (2) Any person who is authorised in this behalf by the Minority Educational Institution, may file an application for affiliation under sub-section (1) to a University in the manner prescribed by the Statute, Ordinance, rules or regulations, of the University: Provided that such authorised person shall have right to know the status of such application after the expiry of sixty days from the date of filing of such application.] ______________________________ 1.Inserted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006.

National Commission for Minority Educational Institutions Act, 2004 Preamble 1

Title: National Commission for Minority Educational Institutions Act, 2004

State: Central

Year: 2004

THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ACT, 2004 [Act, No. 2 of 2005] [6th January, 2005] PREAMBLE An Act to constitute a National Commission for Minority Educational Institutions and to provide for matters connected therewith or incidental thereto. BE it enacted by the Parliament in the fifty-fifth year of the Republic of India as follows: --

National Commission for Minority Educational Institutions Act, 2004 Chapter II

Title: The National Commission for Minority Educational Institutions

State: Central

Year: 2004

.....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. Section 8 - 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. Section 9 - 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. (2) The Commission shall regulate its own procedure. (3) All 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.

National Commission for Minority Educational Institutions Act, 2004 Section 3

Title: Constitution of National Commission for Minority Educational Institutions

State: Central

Year: 2004

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

The National Commission for Minority Educational Institutions Act, 2004 Complete Act

State: Kerala

Year: 2004

.....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. (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. (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. 6. Officers and other employees of Commission." (1) The Central Government shall provide the Commission with a Secretary and such.....

National Commission for Minority Educational Institutions Act, 2004 Chapter IV

Title: Functions and Powers of Commission

State: Central

Year: 2004

.....to give such directions as it may deem fit and, all such directions shall be binding on the parties. Explanation.--For the purposes of this section and section 12C, "authority" means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate Government, for the purpose of granting a certificate of minority status to an educational institution.] ______________________ 1.Inserted by the National Commission for Minority Educational Institutions (Amendment) Act, 2006 (18 of 2006) w.e.f. 23.01.2006. Section 12C - Power to cancel 1[Section 12C - Power to cancel The Commission may, after giving a reasonable opportunity of being heard to a Minority Educational Institution to which minority status has been granted by an authority or Commission, as the case may be, cancel such status under the following circumstances, namely:-- (a) if the constitution, aims and objects of the educational institution, which has enabled it to obtain minority status has subsequently been amended in such a way that it no longer reflects the purpose or character of a Minority Educational Institution; (b) if,.....