Professional Documents
Culture Documents
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Buddhist, 0.77, 4%
Population
Parsi, 0.01, 0%
(As per the 2001 Census, these five religious Minority communities constitute 18.42% of the Countrys population.)
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11
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Continued
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Continued
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Type of complaints and their numbers received during 2008-09 and 2009-10
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Community wise complaints and their numbers received during 2007-08, 2008-09 and 2009-10
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(Rs. in lakhs)
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Presidents Sanction to NCM as a Ministry (Ministry of Welfare Order No. 30011 / 1/ /94- WS dated 05.02.1996.)
Sanction of the President is accorded to confer on the Chairperson of National Commission for Minorities, powers of the Ministry / Department of the Central Government relating to the Delegation of Financial Powers Rules 1978, The General Financial Rules 1963, Fundamental and Supplementary Rules, the Central Civil Services (Leave) Rules 1972, The Central Civil Services (Joining Time) Rules 1979, the General Provident Fund (Central Services) Rules 1960, The Contributory Provident Fund Rules, and similarly other Rules except in the following matters: (i) Creation of posts; (ii) Re-appropriation of funds from one head to another; (iii) Purchase of vehicles; (iv) Permitting any officer of the Commissions to participate in seminars, conferences or training programmes abroad. The powers are to be exercised in consultation with the Integrated Finance Division.
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Ministry of Personnel, Public Grievances and Pensions Orders regarding Inclusion of Minority community Members in the Selection Boards / Selection Committees.
(No.39016 / 9 (8) / 89 Estt. (B) dated the 16th August 1990, No.39016 / 7 (S) / 2006 Estt (B) dated the 08th January 2007 and No. 39016 / 7 (S) / 2006 Estt (B) dated the 04th June 2010.)
1. It is mandatory to have one Member belonging to Minority community in Selection Boards / Selection Committees for making recruitment to 10 or more vacancies. 2. Where the number of vacancies against which selection is to be made is less than 10, efforts should be made to have a Minority community officer included in such Selection Committees / Selection Boards. 3. The above instructions are applicable to Selection Committees / Selection Boards for making recruitment to Group A and B posts also. 4. All concerned authorities may comply with the above guidelines while making recruitment to any category of posts.
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Chairperson
Member
(H. S. Hanspal)
Member (Syeda
Bilgrami Imam)
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40
30
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28
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30
29
25
20
Number percentage
15
10
5
5
5.31
5.52
6.44
5.34
10th
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12th
13th
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Some Important issues to be followed up:1. Nominations of Member, NCM lying vacant with effect from 08.04.2010. 2. Nomination to post of Joint Secretary in NCM by DOPT lying vacant since 30.06.2010. 3. Filing up of various Group A, Group B, Group C and Group D Posts lying vacant since a very long time. 4. Notification of Recruitment Rules of Group A and Group B posts pending with Ministry of Minorities Affairs since more than one year. 5. Revival of all lapsed posts in NCM lying with MOMA since more than 1 year. 6. Approval of creation of certain posts lying with MOMA at the earliest. 7. Filling up of post of Administrative Officer lying vacant with effect from 02.08.2010. 8. Conversion of Service Records of all employees of NCM into electronic form. 9. Increase of allocation of funds to Rs.75 lakhs under Research Studies subhead and opening of new sub-head under IEC with Rs.25 lakhs. 10.On-line registration of complaints and their monitoring and also implementation of computerized file and receipts movement system in NCM. 11.Adoption of Model of European Union and USA on the Minorities issues in general and on grievances rederassal system in particular by NCM.
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2.
103rd Constitutional Amendment Bill 2004 for conferring Constitutional Status to National Commission for Minorities (NCM).
Introduced in Lok Sabha on 23.12.2004 for insertion of a new Article (Article 340A). Referred to Standing Committee on Social Justice & Empowerment same day.
3.
i.
ii.
The Standing Committee invited suggestions from public & NCM made a presentation before the Committee on 14.09.2005.
iii. On 13.07.2007, some more suggestions were sent to Ministry of Minority Affairs for incorporation in the Bill. iv. The matter was also taken up with Honble P.M. on 01.07.2008. v. In September 2009, the Commission re-iterated that Constitutional status to National Commission for Minorities is absolutely essential. vi. The matter is still pending with the Government.
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3.
Control
and
i.
ii.
vi. The Bill could not be taken up in Rajya Sabha. vii. The matter is pending in Ministry of Home Affairs / Parliament.
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4. Scheduled Caste status to Dalit Christians and Dalit Muslims to enable them to take benefits / advantages of Government policies / programmes meant for Scheduled Castes.
i. Professor Satish Deshpande submitted a report after a Research Study on the subject viz. Dalits in the Muslim and Christian Communities, on 21.02.2008. ii. The Study Report was sent to Ministry of Minority Affairs on 10.04.2008. iii. The report was also forwarded to concerned Ministries as well as Members of Parliament for facilitating in formulation of policy to bring these section under the ambit of reservation quota earmarked for SCs. iv. The matter is still pending in Ministry of Minority Affairs. (The Presidential Order of 1950, Schedule III is inconsistent with / contravenes Articles 14, 15, 16 and 25 of the Constitution that guarantee equality of opportunity, freedom of conscience and protect the citizens from discrimination by the State on grounds of religion, 9/8/10 36 caste or creed.)
5. Setting up of State Minorities Commissions I. Twelve States viz. Bihar, Karnataka, U.P., M.P., W.B. Andhra Pradesh, Delhi, Rajsthan, Uttaranchal, Assam, Jharkhand, Chhattisgarh have set up Statutory State Minorities Commission. Four States viz. Tamilnadu, Maharashtra, Manipur and Punjab have non-statutory State Minorities Commission'. Kerala Government has decided to set up State Minorities Commission. The proposal for setting up Minority Commission in Puducherry is pending in MHA. A & N Island is in the process of setting up of Minorities Commission. States like Haryana, Orissa, Himachal Pradesh, Gujarat, Goa Chandigarh etc. do not have State Minorities Commissions. II. NCM has prepared a Model Act to bring uniformity in State Minorities Commissions w.r.t. to their composition & powers. III. NCM has regularly been pursuing State Governments to set up State Minorities Commissions in their respective States. IV. The matter may be taken up by Ministry of Minority Affairs with Chief Ministers for setting up State Minorities Commissions and also to adopt Model Act prepared by NCM.
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Important issues to be followed up:6. Recommendations of Justice Sachar Committee Report and Justice Ranganath Mishra Commission Report Implementation thereof. 7. PMs New 15 points programmes, and schemes related thereto implementation thereof. 8. Payment of compensation in respect of communal riots victims in various parts of the country and make efforts for speedy and uniform payment of compensation in pending cases on lines of compensation paid to the victims of 1984 riots. 9. Simplification of procedure of various Scholarship schemes being implemented by Ministry of Minorities Affairs / State Governments as well as wide publicity in the electronic and print media about beneficiary oriented schemes for Minorities. 9/8/10 38
Important issues to be followed up:10. Facilitation and simplification of procedure for extending credit facilities such as no frill bank accounts with zero balance, loans for establishing small scale industries, educational loans, scholarship accounts by various Public Sector Banks to Minorities communities particularly Muslim. 11.Taking up the issue of grant of Minority Certificate and Minority Educational Status to various minority educational institutions with various State Governments. 12.Establishment of Study Centres of IGNOU at Economically and Educationally Backward Minorities Concentration Districts identified by the Sachar Committee. 13.Implementation of Recommendations of Joint Parliamentary Committee Report on Waqf matters prepared by Shri K. Rehman Khan, Dy. Chairman, Rajya Sabha. 14.Enactment of an anti-discrimination law on the lines of SC / ST Act. 15.Codification of safeguards provided under Section 9(1) of NCM Act and also practices being followed in other countries on lines as has been done by the Special Officer for Linguistic Minorities. 16.Concerted efforts to increase representations of Minorities in Government 9/8/10 39 jobs, educational institutions, Parliament, State Legislatures etc.
SWOT Analysis
NCM has undertaken its SWOT (Strengths, Weaknesses, Opportunities and Threats) We Analysis and based on that the following road map has been drawn:(i) NCM can review various beneficiary oriented Central Government Schemes especially for the welfare of Minorities. These schemes have been compiled in a Compendium prepared by NCM in June 2009. For this purpose the Commission may hold interactive meetings with various Central Government Departments and Ministries and furnish its recommendations. (ii) The Commission may also hold review meetings with various State Governments for the schemes being devised and administered by the State Governments. (iii) Special emphasis may be laid on review of the progress of schemes included in the Prime Ministers 15 Point Programme. Such reviews need to be undertaken with the concerned Central Ministries/ Departments and the State Governments. (iv) The Commission on the basis of feedback received from the public with regard to the developmental schemes of Central / State Governments may suggest modifications in the existing schemes as well as the new schemes aimed at overall development of Minorities. (v) Commission may review Credit flow to Minorities with RBI and Public Sector Banks to ensure smooth credit flow to Minorities.
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Compilations of Rules, Regulations, Schemes etc. NCM has also got the following important documents compiled : 1. NCM has brought out a compendium of Beneficiary-Oriented Central Government Schemes especially for the welfare of Minorities which contained updated information on almost all of the Central Government Schemes aimed at welfare of minorities. It contains the prospectus and detailed application forms and other documents. 2. Handbook of Acts, Rules Regulations, instructions, order regarding welfare of Minorities.; 3. Acts and Rules of various State Minorities Commissions; and 4. Observations and Recommendations made by Justice Sachar Committee and Justice Ranganath Mishra Commission. 5. A detailed Presentation / induction material on the activities of NCM.
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Under the Revised Procedure for handling of complaints in NCM, the following stipulations have been made:1. All complaints including their endorsements or copies thereof will be dealt with in the Commission with a copy to the complainant. 2. All complaints whether major or minor which are covered under NCM Act will be dealt with in the Commission within a period of one week. 3. Sub-judice matters will not be considered or intervened. However, complaints regarding violation / non-implementation of court directives / orders / judgments/ decisions etc. will be dealt with. 4. The Commission may only advise the complainants to exhaust available channel first. However, if the complainant insists, the Commission will immediately take up the matter and act on it. 5. Reports on the complaints indicating harassment, atrocities, discrimination, injustice, torture, deprivation, denial etc. will immediately be called from the concerned authorities within 21 days, followed by a reminder giving time of next 7 days, failing which 9/8/10 46 hearing will be conducted.
Under the Revised Procedure for handling of complaints in NCM, the following stipulations have been made.
6. In case the concerned authority / respondent fails to appear before the Commission, action for appropriate legal or administrative remedy will be taken. If they fail to comply with the directions/ decision of the Commission, appropriate action (Administrative / Legal) will be initiated. 7. Maximum period of one month will be given to the concerned authorities to implement the decision of the Commission, failing which another hearing will be conducted. 8. The Joint Secretary, NCM will be overall in-charge of the Grievances and Redressal Division and will monitor the disposal of all complaints on fortnightly basis. He will regularly submit a report of such monitoring to Secretary & Chairperson on fortnightly basis. 9. The cases listed under Chairpersons Monitoring System or cases relating to deprivation of life or property will be handled on priority basis, preferably the same day and a status report will regularly be 9/8/10 submitted to the Chairperson through Secretary on weekly basis. 47
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