tet & 1200305 REGISTERED NO. DL—(N)04/0007/2003—05, The Gazette of Fudia EXTRAORDINARY wr wes PART U— Section 1 uifen & verre PUBLISHED BY AUTHORITY 20) ‘a Reeet, gees, "I¥ 29, 2006 / 49 8, 1928 No.20] NEW DELHI, WEDNESDAY, MARCH 29, 2006 (CHAITRA 8, 1928 Wa a fet Ts ata Sart Pra fs ey sre oes ST Ca TTR Separate pagiag given to this Part la order that it may be fled as x separate compilation MINISTRY OF LAW AND JUSTICE (Legislative Department) ‘New Delhi, the 9th March, 2006/Chaitra 1928 (Saka) The following Act of Parliament received the ausent of the President on the ‘28th March, 2006, and is hereby published for general information:— ‘THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS (AMENDMENT) ACT, 2006 No. 18 oF 2006 [281h March 2006] ‘An Act to amend the National Commission for Minority Baucational Institutions ‘Act, 2004, ‘Beit enacted by Pariamentinthe Fifty-seven Year ofthe Republic of nda ns follows: 1. (1) This Act may be called the National Commission for Minority Educational Shor tile and Institutions (Amendment) Act, 2006, sanenee (2) Itaall be deemed to have come into force the 23rd day of January, 2006, 2. In section 2 ofthe National Commission for Minority Educational institutions Act, Amendment 2 0f 2003. 2004 (hereinafter refered to asthe principal Act) — of section 2. (0 ‘in clause (a), the word "Scheduled" shal be omited, (ip er clause the folawing clause shall be inserted, namely:— “(aa) "appropriate Goverament” eans,— (Win lation to en educational institution recognised fr conducting its programmes of studies under any Act of Parliament, the Central Government; and‘THE GAZETTE OF INDIA EXTRAORDINARY Part (Gi) in relation to any other educational eae conducting its programmes of studies under any State Act, ‘Goverment in whose jurisdiction such instcation is established (iy ater clause (), the following clause shall be inserted, namely ‘(ea) "Competent authority” means the authority appointed ‘by the appropriate Government to grant no objection certificate for the establishment of any educational instistion of their choice by the minorities (fy) ater clause (the following clause shall be inserted, namely.— 2) “educational rights of minorities” means the rights of rminotities to establish and administer educational institutions of their choi (clase () shall be omited. 3, For Chapter Ill ofthe principal Act, the following Chapter sha! be subsined, namely: — ‘CHAPTER [Rigi oF a Minontry EDUCATIONAL INSTITUTION Right to 10. (1) Any person who desires to establish a Minority Educational Institution sath» ‘may apply tothe Competent authority for the grant of no objection certificate forthe iority sal pepo (@) The Competent authority shall — | (a) on perusal of documents, affidavits or other evidence, if any; and | (6) afte giving an opportunity of being heard tothe applicant, decide every application filed under sub-section (1) as expeditiously as possible and | rant or reject the application as the case may be: { Provided that where an application is rejected, the Competent authority shall communicate the same tothe applicant (3) Where within 2 period of ninety days from the receipt of the application under sub-section () forthe grant of no objection certificate, — (@) the Competent authority does not grant such certificate; or (©) where an appliction has been rejected and the same has not been conminieted toh poson wba kasapi forthe ran of och cet, | it shall be deemed that the Competent authority has granted ano objection certificate to the applicant. (6 The applicant shall, an the grant of «no objection certificate or where the Competent authority has deemed to have granted ibe no objection certificate, be ented to commence and proceed with the estublshment of a Minority Educational Institution in accordance withthe ules and regulations, a the case may be, lad down ty or under any law forthe time being in foee, Explanation — For the purposes of tis section, — (a) “applicant” means any person who makes an application under sub- section (1) for establishment of a Minority Educational Institution; () "no objection cenficate* means a certificate tating thetein thatthe Competent authority has no objection for the establishment of a Minority Educational institation,‘ec.1] ‘THE GAZEYTE OF INDIA EXTRAORDINARY. 3 10A. (2)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 esublished. (2) Any person who is authorised in this behalf by the Minority Educational Institution, may file an application for affiliation under sub-section (1) fo « University in the manner prescribed by the Statutz, 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. 4.nsection 11 ofthe principal Act, or clauses (0) and (@), the following clauses shall Amendment be substituted, namely:— of section tt "() enquire, suo motu, oF on a petition presented to it by any Minority ctucational Institution, o ary person on is beh into complaints regarding deprivation or violation of rights of minorities to establish and administer educational institutions of their choice and any dispute relating to affliation to a University and report fs finding to the appropriate Government for its implementation; (6) intervene in any proceeding involving any deprivation or violation of the ‘edocational rights of the minorities before a court withthe leave of such court; (4 review the safeguards provided by or under the Constitution, or ay law for the time being in force, forthe protection of educational rights of the minorities and recommend measures fo their effective implementation; (@) specify measures to promote and preserve the minority status and character of institutions of their choice established by minorities; () decide all questions relating tothe stais of any institution as a Minority ‘Educational Institution and declare its status as such; () make recommendations to the appropriate Government for the effective, implementation of programmes and schemes relating to the Minority Educational Institutions; and (h) do such other acts and things as may be necessary, incidental or conducive to the attainment ofall or any of the objects ofthe Commission." ‘5.In section 12 ofthe principal Act,— ponte ection 1 (a) in sub-section (1), the word "Scheduled" shall be omitted; (@) after sub-section (2), the following sub-section shall be inserted, mamely:— "(3) Every proceeding before the Commission shall be deemed to be 2 Judicial proceeding within the meaning of sections 193 and 228, and for the 45 of 1860, ‘purposes of section 196, ofthe Indian Penal Code and the Commission shall be deemed tobe a civil cout forthe perzases of section 195 and Chapter XXVI of 2 of 1974, ‘the Code of Criminal Procedure, 1973.". 6. After section 12 of the principal Act, tho following sections shall be inserted, insetion of ee At GF ‘12A. (D) Any person aggrieved by the order of refusal to grant no objection Appes! again certificate under sub-section (2) of section 10 by the Competent authority for en of establishing # Minority Edocational Institution, may prefer an appeal against such Con order to the Commission. (2)An appeal under sub-tection 7) shall be filed within thirty days from the date of the order referred to in sub-section (1) communicated to the applicant:Power of Commizeon vw eecige oF the miserly sas of an edocatione Power to cancel, ‘THE GAZETTE OF INDIA EXTRAORDINARY Pact Provided that the Commission may entertain an appeal after the expcy ofthe said period of thirty days, iit is Satisfied tat there was sufficient cause for not Hing ‘it within that period. (©) An appeal o the Commission shall be made in such form as may be prescribed ‘and stall be accompanied by 2 copy of the order against which the appeal has been filed. (The Commission, ater hearing the partic, shall pas an order as soon as may be practicable, and give such directions as may be necessary or expedient to give ‘effect to its orders or to prevent abuse of ts process or to secure the ends of justice. (5) An order made by the Commission under sub-section (4) shal be éxecutable by the Commission as a decree ofa civil court and the provisions of the Code of Civil Procedure, 1908, 0 far as may de, shall apply as they apply in respect of a decree of a civileourt. 12B. (1) Without prjudiceto the provisions contained inthe Netional Comission for Minorities Act, 1992, where an authority established bythe Central Government or any State Government, as the case may be, for grant of minoity stan to any educational intttion rejects the application for the grant of such status he aggrieved person may appeal against such order ofthe authority tothe Commission. (2) An appeal under sub-section shall be preferred within thirty days from the date of the order communicated to the applicant: Provided thatthe Commission may entertain an appeal after the expiry ofthe said period of thirty days if its satisfied that there was sufficient cause fr not fling iewithin that period, (G) An appeal tothe Commission shall be made in sot form asmay be prescribed and shal be accompanied by a copy ofthe order against which the appeal has been filed. (4 On receipt of the appeal under sub-section (3), the Commission may, after siving the parties tothe appeal an opportunity of being heard, and in consultation ‘with the State Government, decide on the minority status ofthe 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 ofthis section and section 12C, "authority" ‘means any authority or afier or commission whichis 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, 12C. The Commission may, after giving a reasonable opportunity of being heard to a Minority Educational Institution to which minority tas has been granted by an authority or Commission, asthe case may be, cancel such status under the following circumstances, namely: (2) ifthe constintion, aims and objects of the educational institution, ‘which has enabled it to obiain minority status has subsequently been amended fn such a way that it no longer reflects the purpose or character of & Minoity Educational Instiuion; (0) if, on verification ofthe records during the inspection or investigation, ‘tis found thatthe Minority Educational Institution hes fled to admit student belonging tothe minority community inthe institution as per rules and prescribed percentage governing admisions during any academic year. 5 of 908 19 of 1092, bnr10)‘THE GAZETTE OF INDIA EXTRAORDINARY 12D. (1) The Commission shall have the power to investigate intothe complains, Power of relating to deprivation of the educational rights of minorities lccnaes (2) The Commission may, forthe purpose of conducting any investigation ale pertaining toa complaint under this Ac ule the services of any officer ofthe “EMtRE,®, Central Government or any Stte Government with the concurrence ofthe Central octet Government or the State Government, asthe case may be. a (G) For the purpose of investigation under sub-section (1), the officer whose services are utilised may, subject tothe direction and control ofthe Commission, — (2) sumanon and enforce the attendance of any person and examine hin; (®) require the discovery and production of any document; and (6) requisition any public record or copy thereof from any office, (0) The officer whose services are utilised under sub-section (2) shall investigate into any matter entrusted to it by the Commission and submit a report thereon to it ‘within such period as may be specified by the Commission inthis behalf (5) The Commission shall satisfy itself about the correctness ofthe fats stated ‘and the conclusion, if any arrived atin the report submitted to it under sub-section (4) ‘and for this purpose the Commission may make such further inquiry as itmay think ft. 12E, (1) The Commission, while enquiring into the complains of violation or Power of deprivation of educational rights of minorities shall al fr information or report from C2=rision the Central Government or any State Government or any other authority oc organisation ‘arormation, subordinate thereto, within suc time as may be specified by it: ee. Provided that,— (2) ifthe information or report is not received within the time stipulated by ‘he Commission, it may proceed to inguire ito the complaint, (©) if, on receipt of information or report, the Commission is satisfied cither that no further inquiry is required, or thatthe required action has been ‘initiated o taken bythe concerned Governmentor authority, itmay not proceed with the complaint and inform the complainant accordingly. (2) Where the inquiry establishes violation or deprivation ofthe educational tights of the minorities by a public servant, the Commission may recommend to the concerned Government ot authority, the initiation of disciplinary proceedings or such other action agtnst the concemed person or persons as may be deemed fit (2) The Commission shall send a copy ofthe inquiry report, together with its recommendations to the concerned Government or authority and the concerned Government or authority shall, within aperiod of one month, or such further time asthe ‘Commission may allow, forward ts comments onthe repor, including the action taken, or proposed tobe taken thereon, to the Commission (4) Tue Commission shall publish its inquiry report andthe action taken or proposed tobe taken by the concerned Government or authority on the recommen- dations ofthe Commission. 12F.No court (except the Supreme Court and aHigh Court exercising jurisdiction Bar of under articles 226 and 227 ofthe Constitution) shall entertain any suit, application or srideton other proceedings in respect of any order made under this Chapter’ 7. Section 18 ofthe principal Act shall be omitted, Onision of section 18‘Amendment of section 28, Omission of Sched Repeal of Orginance 1 of 2006 tnd saving 6 ‘THE GAZETTE OF INDIA EXTRAORDINARY [Pans TI—Sec. 1] 8. In section 24 of the principal Act, in sub-section (2), after clause (a), the following clause shall be inserted, namely— (ax) the forms in which appeal under sub-section (3) of section 12A and sub- section (3) of section 128 shall be made;”. 9. The Schedule tothe principal Act shall be omitted, 10, (1) The National Commission for Minority Educational instetions (Amendment) Ordinance, 2006, i hereby repeated. (2) Notwithstanding such repeal, anything done or any action taken under the pinepal ‘Actas amended by the sad Ordinance, shal bo deemed to have been done o taken under the principal Act, a8 amended by this Act. i T.K. VISWANATHAN, Secy, to the Govt of india. ‘PRINTED BY THE MANAGER GOVERNMENT OF INDIA PRBS, MINTO ROAD, REW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DIL, 2006 (MGIPMRND—8770G1-(85)-20-09-2008,