18. [***] 1
19. Chairperson, Members, Secretary, employees, etc., of Commission to be
public servants.— The Chairperson, Members, Secretary, officers and other
employees of the Commission shall be deemed to be public servants within the
meaning of section 21 of the Indian Penal Code. (45 of 1860).
20. Directions by Central Government.—(1) In the discharge of its functions
under this Act, the Commission shall be guided by such direction on questions of
policy relating to national purposes, as may be given to it by the Central
Government.
(2) If any dispute arises between the Central Government and the Commission
as to whether a question is or is not a question of policy relating to national
purposes, the decision of the Central Government shall be final.
21. Protection of action taken in good faith.— No suit, prosecution or
other legal proceeding shall lie against the Central Government, Commission,
______________________
1. Section 18 omitted by Act of 2006, sec. 7 (w.e.f. 23-1-2006); before omission, section 18 stood as under:
“18. Power to amend Schedule.—(1) The Central Government if deems it fit may, by notification in
the Official Gazette, amend the Schedule by including therein any other University or omitting therefrom
any University already specified therein and on the publication of such notification, such University shall
be deemed to be included in or, as the case may be, omitted from the Schedule.
2. Every notification issued under sub-section (1), shall be laid before each House of Parliament.”.
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Chairperson, Members, Secretary or any officer or other employee of the
Commission for anything which is in good faith done or intended to be done
under this Act.
22. Act to have overriding effect.—The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in any other law
for the time being in force or in any instrument having effect by virtue of any law
other than this Act.
23. Returns or information.— The Commission shall furnish to the Central
Government such returns or other information with respect to its activities as the
Central Government may, from time to time, require.
24. Power to make rules.— (1) The Central Government may, by notification
in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
powers, such rules may provide for all or any of the following matters, namely:-
(a) the salaries and allowances payable to, and the other terms and conditions
of the service of, the Chairperson and Members under sub-section (5) of section 5
and of the Secretary, officers and other employees under sub-section (2) of section 6;
1 [(aa) the forms in which appeal under sub-section (3) of the section 12A and
sub-section (3) of section 12B shall be made;]
(b) the financial and administrative powers to be exercised by the
Chairperson under section 13;
(c) the form in which the annual statement of accounts shall be prepared
under sub-section (1) of section 15;
(d) the form in, and the time at, which the annual report shall be prepared
under section 16;
(e) any other matter which is required to be, or may be, prescribed.
(3) Every rule made under this Act shall be laid, as soon as may be after it is
made, before each House of Parliament, while it is in session, for a total period of
thirty days which may be comprised in one session or in two or more successive
sessions, and if, before the expiry of the session immediately following the session or
the successive sessions aforesaid, both Houses agree in making any modification in
the rule or both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect, as the case may
be; so, however, that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
25. Power to remove difficulties.— (1) If any difficulty arises in giving effect
to the provisions of this Act, the Central Government may, by order published in
the Official Gazette, make such provisions not inconsistent with the provisions of
this Act, as appear to it to be necessary or expedient, for removing the difficulty:
___________________________
1. Ins. By Act 18 of 2006, sec. 8 (w.e.f. 23.1.2006)
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Institutions Act, 2004
Provided that no such order shall be made after the expiry of a period of two
years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
26. Repeal and saving.— (1) The National Commission for Minority
Educational Institutions Ordinance, 2004 (Ord. 6 of 2004) is hereby repealed.
(2) Notwithstanding the repeal of the said Ordinance, anything done or any
action taken under the said Ordinance shall be deemed to have been done or taken
under the corresponding provisions of this Act.