The National Commission for Minority Educational Institutes Act, 2004

(1) This Act may be called the National Commissionfor Minority Educational Institutions Act, 2004. (2) It extends to the whole of India 1***. (3) It shall be deemed to have come into force on the 11th day of November, 2004.

In this Act, unless the context otherwise requires,-- (a) "affiliation" together with its grammatical variations, includes, in relation to a college,recognition of such college by, association of such college with, and admission of such college to theprivileges of, a 1*** University; 2[(aa) appropriate Government means,-- (i) in relation to an educational institution recognised for conducting its programmes ofstudies under any Act of Parliament, the Central Government; and (ii) in relation to any other educational institution recognised for conducting its programmesof studies under any State Act, a State Government in whose jurisdiction such institution isestablished;] 3* * * * * (c) "Commission" means the National Commission for Minority Educational Institutionsconstituted under section 3; 2[(ca) "Competent authority" means the authority appointed by the appropriate Government togrant no objection certificate for the establishment of any educational institution of their choice by theminorities;] (d) "degree" means any such degree as may, with previous approval of the Central Government,be specified in this behalf by the University Grants Commission, by notification in the OfficialGazette; 2[(da) "educational rights to minorities" means the rights of minorities to establish and administereducational institutions of their choice;] (e) "Member" means a member of the Commission and includes the Chairperson; (f) "minority", for the purpose of this Act, means a community notified as such by the CentralGovernment; 4[(g) "Minority Educational Institution" means a college or an educational institution establishedand administered by a minority or minorities;] (h) "prescribed" means prescribed by rules made under this Act; (i) "qualification" means a degree or any other qualification awarded by a University; 5* * * * * (k) "technical education" has the meaning assigned to it in clause (g) of section 2 of the All IndiaCouncil for Technical Education Act, 1987 (52 of 1987); (l) "University" means a university defined under clause (f) of section 2 of the University GrantsCommission Act, 1956 (3 of 1956), and includes an institution deemed to be a University undersection 3 of that Act, or an institution specifically empowered by an Act of Parliament to confer orgrant degrees.

(1) The CentralGovernment shall, by notification in the Official Gazette, constitute a body to be known as the NationalCommission for Minority Educational Institutions to exercise the powers conferred on, and to perform thefunctions assigned to, it under this Act. (2) The Commission shall consist of a Chairperson and 1[three members] to be nominated by theCentral Government.

(1) A person shall not bequalified for appointment as the Chairperson unless he,-- (a) is a member of a minority community; and (b) has been a Judge of a High Court. (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.

(1) Every Membershall hold office for a term of five years from the date on which he assumes office. (2) A Member may, by writing under his hand addressed to the Central Government, resign from theoffice of Chairperson or, as the case may be, of Member at any time. (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 theCentral 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 consecutivemeetings of the Commission; or (f) in the opinion of the Central Government, has so abused the position of Chairperson orMember 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 anopportunity of being heard in the matter. (4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination and aperson so nominated shall hold office for the unexpired period of the term for which his predecessor inoffice 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, theChairperson and Members shall be such as may be prescribed.