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Section 4

The West Bengal Minorities' Commission Act, 1996State Act of West Bengal · Act 16 of 1996

(1) The Commission shall perform the following functions:—

(a) evaluate the progress of the development of minorities of West Bengal and review implementation of the policies and programme of the State Government;

(b) monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament or the State Legislature;

(c) make rcommendations for the effective enforcement and implementation of safeguards for the protection of the interests of minorities provided by the Central Government or the State Government;

(d) look into specific complaints regarding deprivation of social, economic, educational, cultural and linguistic rights and safeguards of the minorities and take up such matters with the appropriate authorities;

170 The West Bengal Minorities' Commission Act, 1996.

XVI of 1996.]

(Section 5.)

(e) recommend to the State Government to accord minority status to religious, linguistic and ethnic groups, provided such groups do not enjoy any constitutional or statutory benefits or status;

(1) cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal;

(g) conduct studies, research and analysis on the issues relating to socio-economic and educational development of minorities;

(h) make annual report to the State Government on any matter pertaining to any of the functions of the Commission under this section.

(2) (a) The Commission shall have the powers of a civil court trying a suit while performing the functions under sub-section (1);

(b) The Commission shall, while investigating or enquiring into any complaints regarding violation or infringement of any rights of the minority as guaranteed by the Constitution or as conferred by or under any Central Act or State Act, shall have all the powers of a civil court trying a suit under the Code of 5 of 1908.

Civil Procedure, 1908, and, in particular, in respect of the following matters:—

(i) summoning and enforcing the attendance of any person from any part of India, and examining him on oath,

(ii) requiring the discovery and production of any document,

(iii) receiving evidence on affidavits,

(iv) requisitioning any public record or copy thereof from any court or office,

(v) issuing commissions for the examination of witnesses and documents, and

(vi) any other matter which may be prescribed.

(3) The advice of the Commission and, especially, the findings of the Commission concerning deprivation of any right of the minority or any infringement of any well-being of the minority by omission or commission, shall ordinarily be binding upon the State Government.

Where this provision sits

ActThe West Bengal Minorities' Commission Act, 1996
Section4
JurisdictionState of West Bengal
StatusIn force as published by the source

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