Section 12B
Power of Commission to decide on the minority status of an educational institution.
The National Commission for Minority Educational Institutes Act, 2004
About this Act
An Act to constitute a National Commission for Minority Educational Institutions and to provide for matters connected therewith or incidental thereto.
1[12B. Power of Commission to decide on the minority status of an educational
institution.--(1) Without prejudice to the provisions contained in the National Commission for
Minorities Act, 1992 (19 of 1992), where an authority established by the Central Government or any State
Government, as the case may be, for grant of minority status to any educational institution rejects the
application for the grant of such status, the aggrieved person may appeal against such order of the
authority to the Commission.
(2) An appeal under sub-section (1) 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 said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period.
(3) An appeal to the Commission shall be made in such form as may be prescribed and shall be accompanied by a copy of the order against which the appeal has been filed.
(4) On receipt of the appeal under sub-section (3), the Commission may, after giving the parties to the appeal an opportunity of being heard, 2 *** decide on the minority status of the educational institution and shall proceed to give such direction as it may deem fit and, all such directions shall be binding on the parties.
Explanation.--For the purposes of this section and section 12C, "authority" means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate Government, for the purpose of granting a certificate of minority status to an educational institution.]
(2) An appeal under sub-section (1) 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 said period of thirty days, if it is satisfied that there was sufficient cause for not filing it within that period.
(3) An appeal to the Commission shall be made in such form as may be prescribed and shall be accompanied by a copy of the order against which the appeal has been filed.
(4) On receipt of the appeal under sub-section (3), the Commission may, after giving the parties to the appeal an opportunity of being heard, 2 *** decide on the minority status of the educational institution and shall proceed to give such direction as it may deem fit and, all such directions shall be binding on the parties.
Explanation.--For the purposes of this section and section 12C, "authority" means any authority or officer or commission which is established under any law for the time being in force or under any order of the appropriate Government, for the purpose of granting a certificate of minority status to an educational institution.]
Notes
1. Ins. by s. 6, ibid. (w.e.f. 23-1-2006).
2. The words "and in consultation with the State Government" omitted by Act 20 of 2010, s. 5 (w.e.f. 1-9-2010).
2. The words "and in consultation with the State Government" omitted by Act 20 of 2010, s. 5 (w.e.f. 1-9-2010).