Section 12 in The National Commission For Minority Educational Institutions Act, 2004
12. Powers of Commission
(1)If any dispute arises between a minority educational institution and a [*] [The word "Scheduled" omitted by Act 18 of 2006, Section 5 (w.e.f. 23.1.2006).] University relating to its affiliation to such University, the decision of the Commission thereon shall be final.(2)The Commission shall, for the purposes of discharging its functions under this Act, have all the powers of a Civil Court trying a suit and in particular, in respect of the following matters, namely:(a)summoning and enforcing the attendance of any person from any part of India and examining him on oath;(b)requiring the discovery and production of any document;(c)receiving evidence on affidavits;(d)subject to the provisions of sections 123 and 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office;(e)issuing commissions for the examination of witnesses or documents; and(f)any other matter which may be prescribed.(3)[ Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code (45 of 1860) and the Commission shall be deemed to be a civil Court for the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).] [Inserted by Act 18 of 2006, Section 5 (w.e.f. 23.1.2006).][12-A. Appeal against orders of the competent authority [Inserted by Act 18 of 2006, Section 6 (w.e.f. 23.1.2006).](1)Any person aggrieved by the order of refusal to grant no objection certificate under sub-section (2) of section 10 by the competent authority for establishing a Minority Educational Institution, may prefer an appeal against such order to the Commission.(2)An appeal under sub-section (1)shall be filed within thirty days from the date of the order referred to in sub-section (1) 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)The Commission, after hearing the parties, shall pass an order as soon as may be practicable, and give such directions as may be necessary or expedient to give effect to its orders or to prevent abuse of its process or to secure the ends of justice.(5)An order made by the Commission under sub-section (4) shall be executable by the Commission as a decree of a civil Court and the provisions of the Code of Civil Procedure, 1908 (5 of 1908), so far as may be, shall apply as they apply in respect of a decree of a civil Court.
