Minority Benefits

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

Page 32

Procedure for filing appeal before the NCMEI against the order of the competent authority for grant of No Objection Certificate
(Section 12A)
In terms of Section 10 of NCMEI Act, any person, who desires to establish a Minority Educational Institution, may apply to the competent authority in the State Government for the grant of no objection certificate for the said purpose."
The Competent authority shall : (a) on perusal of documents, affidavits or other evidence, if any; and (b) after giving an opportunity of being heard to the applicant, decide every
application filed under sub-section (1) as expeditiously as possible and grant or reject the application, as the case may be: Provided that where an application is rejected, the Competent authority shall communicate the same to the
applicant. Where within a period of ninety days from the receipt of the application under subsection (1) for the grant of no objection certificate :
(a) the Competent authority does not grant such certificate; or (b) where an application has been rejected and the same has not been communicated
to the person who has applied for the grant of such certificate, it shall be deemed that the Competent authority has granted a no objection certificate to
the applicant. Where the State Government, rejects the application for the grant of NOC, the aggrieved person may appeal against such order of the competent authority to the Commission. An appeal shall be preferred within thirty days from the date of the order communicated to the applicant: Provided that the Commission may entertain an appeal after the expiry of the period of thirty days, if it is satisfied that there was sufficient cause for not filing it within prescribed period.
An appeal to the Commission shall be made in prescribed format as given in the website along with all relevant documents.
ne liinority Benefits
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