3. Constitution of the National Commission for Minorities.—(1) The Central Government shall
constitute a body to be known as the National Commission for Minorities to exercise the powers
conferred on, and to perform the functions assigned to, it under this Act.
(2) The Commission shall consist of a 4
[Chairperson, a Vice-Chairperson and five Members] to be
nominated by the Central Government from amongst persons of eminence, ability and integrity:
Provided that five Members including the Chairperson shall be from amongst the minority
communities.
4. Term of office and conditions of service of Chairperson and Members.—(1) The Chairperson
and every Member shall hold office for a term of three years from the date he assumes office.
(2) The Chairperson or a Member may, by writing under his hand addressed to the Central
Government, resign from the office of Chairperson or, as the case may be, of the Member at any time.
(3) The Central Government shall remove a person from the office of Chairperson or a Member
referred to in sub-section (2) if that person—
(a) becomes an undischarged insolvent;
(b) is convicted and sentenced to imprisonment for an offence which, in the opinion of the
Central Government, involves moral turpitude;
(c) becomes of unsound mind and stands so declared by a competent court;
1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-
2019).
2. 17th May, 1993, vide notification No. S.O. 317(E), dated 17th May, 1993, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
3. Added by Act 41 of 1995, s. 2 (w.e.f. 18-9-1995).
4. Subs. by s. 3, ibid., for “Chairperson and six Members” (w.e.f. 18-9-1995).
3
(d) refuses to act or becomes incapable of acting;
(e) is, without obtaining leave of absence from the Commission, absent from three consecutive
meetings of the Commission; or
(f) has, in the opinion of the Central Government, so abused the position of Chairperson or
Member as to render that person’s continuance in office detrimental to the interests of minorities or
the public interest:
Provided that no person shall be removed under this clause until that person has been given a
reasonable opportunity of being heard in the matter.
(4) A vacancy caused under sub-section (2) or otherwise shall be filled by fresh nomination.
(5) The salaries and allowances payable to, and the other terms and conditions of service of, the
Chairperson and Members shall be such as may be prescribed.
5. Officers and other employees of the Commission.—(1) The Central Government shall provide
the Commission with a Secretary and such other officers and employees as may be necessary for the
efficient performance of the functions of the Commission under this Act.
(2) The salaries and allowances payable to, and the other terms and conditions of service of, the
officers and other employees appointed for the purpose of the Commission shall be such as may be
prescribed.
6. Salaries and allowances to be paid out of grants.—The salaries and allowances payable to the
Chairperson and Members and the administrative expenses, including salaries, allowances and pensions
payable to the officers and other employees referred to in section 5, shall be paid out of the grants referred
to in sub-section (1) of section 10.
7. Vacancies, etc., not to invalidate proceedings of the Commission.—No act or proceeding of the
Commission shall be questioned or shall be invalid merely on the ground of the existence of any vacancy
or defect in the constitution of the Commission.
8. Procedure to be regulated by the Commission.—(1) The Commission shall meet as and when
necessary at such time and place as the Chairperson may think fit.
(2) The Commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Secretary or any other
officer of the Commission duly authorised by the Secretary on this behalf.