( 1) The Commission shall perform all or any of the following functions, namely :-
(a) evaluate the progress of the development of Minorities under the State ;
(b) Monitor the working of the safeguards provided in the Constitution and in Jaws enacted by the Parliament and the State Lagislature ;
'(c) Make recommendations for the effective implementation of safeguards for the protection of the interests of Minorities by the State Government;
v' J'HE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 941
(d) look into specific complaints regrding deprivation of rights and safeguards of the Minorities and takeup such matters with appropriate authorities under the control of the State Government ;
(e) cause studies to be undertaken into problems arising out of any discrimination against Minorities and recommend measures for their removal ;
(f) conduct studies, research and analysis on the issues relating to socio-economic and educational development of Minorities ;
(g) suggest appropriate measures in respect of any Minority to be undertaken by the State Government ;
(h) make periodical or special reports to the State Government on any matter pertaining to minorities and in particular difficulties faced by them ; and ( i) any other matter which may be referred to it by the State Government ;
(2) The Commission shall, while performing any of the functions mentioned in sub-clauses (a) and (d) of sub section (1) have all the powers of a civil court trying a suit and in particular, in respect of the following matters, namely :-
(a) summoning and any enforcing the attendance of any person from any pa11 of the State and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any office;
( e) issuing commissions for examination of witnesses and documents ; and
(f) any other matter which may be prescribed.
942 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 ,) Grants by State Government.
Accounts and audit.
Annual Report.
(3) The advice of the Commission and, especially, the findings of the Commission concerning deprivation of any right of the Minorities or any infringement of any well-being of the Minority by omission or commission, shall ordinarily be binding upon the State Government.
I 0. ( 1) The State Government, shall after the appropriation made by the State Legislature by law in this behalf, pay to the Commission by way of grants such sums of money as the State Government may think fit for being utilised for the purposes of this Act.
(2) The Commission may spend such sums as it thinks fit for perfonning the functions under this Act, and such sums shall be treated as expenditure payable out of the grants referred to in sub-section (1 ).
11. (I) The commission shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in such forn1 as may be prescribed by the State Government in consultation with the Accountant General, Assam.
(2) The Accountant General and any person appointed by him in connection with the audit of the accounts of the Commission under this Act shall have the same rights and privileges and authority in connection with such audit as the Accountant General generally has in connection with the audit of Government accounts and, in particular, shall have the right to demand the production of books, accounts, connected vouchers and other documents and paper and to inspect any of the offices of the Commission.
12~ The Commission shall prepare, in such fom1 and by such date for each financial year, as may be prescribed, its annual report giving a full accounts of its activities during the previous financial year and forward a copy thereof to the State Government.
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THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 2003 943 Annual l{epor·t to he laid before the Asscmbl~· - Chairperson, l\1c ,nber and staff to be public serYants.
PoH er to make rules ..
13. The State Government shall cause the annual report together with a memorandum of action taken on the recommendations contained therein, and the reasons for the non-acceptance, i r any, such recommendations and the audit report to be laid as soon as may be after the report is received, before the Legislative Assembly.
14. The Chairperson, Member and employees of the Commission shall be deemed to be public servants within the meaning of Section 21 of the Indian Penal Code.
15 . (I) The State Government may by notification in the Official Gazette, make rules for earring out the provisions of this Act.
(2) 1n particular and without prejustice to the generality of the forgoing power, such rules may provide for all or any of the following matters, namely :-
(a) Salaries and allowances payable to , and other tenns and conditions of services of the Chairperson and Members under sub section (5) of section 4 and other officers and employees under sub-section (2) of section 5 ;
(b) any other matter under clause (f) of sub section (2) of Section 9;
(c) the form in which the accounts shall be maintained and the annual statement of accounts shall be prepared under sub section (I) of section 11 ;
( d) the form in and the time at, which the annual report shall be prepared under section 12 ;
(e) any other matter which is required to be or may be prescribed.
Central Act.
45 of 1860.
'I I l 944 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 9, 200:
Power to remove difficulties.
(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is also laid or the sessions immediately following the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rule shall thereafter have effect only in such modified fo1111 or he of no effect, as the case may be, so however, that an y s uch modification or annulm~nt sha ll be \\'ithout prejudice to the va lidity of the anything previously done under that rule.