Minority Benefits

Author(s): Babita Jain
Publisher: Shrut Samvardhan Samsthan

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2.
Powers of the Commission (Section 12) The Commission shall, for the purposes of discharging its functions under this Act, 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 India
and examining him on oath; (b) Requiring the discovery and production of any document; (c) Receiving evidence on affidavits; (d) Subject to the provisions of section 123 and 124 of the Indian Evidence Act,
1872 (1 of 1872), requisitioning any public record or document or copy of such
record or document from any office; (e) Issuing commissions for the examination of witnesses or documents, and (1) Any other matter which may be prescribed. Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Commission shall be deemed to be a civil court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974). The Commission is also vested with the powers of appeal against order of competent authority (Section 12A) to decide on minority status of educational institutions (Section 12B) power to cancel the status granted (Section 12C), and to investigate matters relating to deprivation of educational rights of minorities (Section 12D). The Commission has also powers for calling for information from the Central Government or any State Government or any other authority or any organization subordinate thereto, while enquiring into complaints, violation or deprivation of educational rights of minorities (Section 12E). No court (except the Supreme Court and a High Court exercising jurisdiction under Articles 226 and 227 of the Constitution) shall entertain any suit, application or other proceedings in respect of any order made by the Commission (Section 12 F).
Rights of Minority Educational Institutions The NCMEI Act 2004 lays down rights of Minority Educational Institutions as under:
Any person who desires to establish a Minority Institution may apply to the Competent authority for the grant of no objection certificate for the said purpose.
The Competent authority shall :
On perusal of documents, affidavits or other evidence, if any; and After giving an opportunity of being heard to the applicant, decide every application filed under sub
nority Benefits