Constitution of Commission

Constitution of Commission.—(1) For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall constitute a Commission consisting of three members.

1. (2) The Governor shall, on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Kerala and the Leader of Opposition in the Kerala Legislative Assembly, appoint the members of the Commission and one of such members who holds or has held office as a Judge of the Supreme Court or of the High Court referred to in sub-section (3), to be the Chairman thereof. 1[“ Provided that a member who has held office as a Judge of the Supreme Court or of the High Court shall be the Chairman. A member who holds office as a Judge of the Supreme Court or of the High Court shall be the Chairman only if a member who has held office as Judge of the Supreme Court or of the High Court is not available to be the Chairman. A report on such non-availability shall be laid before the Legislative Assembly during its next session by the Chief Minister. Explanation.— Retirement on superannuation as Judge shall not be a bar for continuing to be the Chairman.
2. (2) for sub-section (3), the following sub-section shall be substituted, namely:—
3. (3) The members of the Commission shall be,—
   • (i) a person who holds or has held office as a Judge of the Supreme Court or of the High Court;
   • (ii) a person who is qualified to be appointed as a Judge of the High Court;
   • (iii) a person who is an officer not below the rank of Commissioner and Secretary to the Government.”]
4. (3) Two of the persons to be appointed as members of the Commission shall be those who hold or have held office as Judges of the Supreme Court or that of High Court and the other person to be appointed as member of the Commission shall be a person qualified to be appointed as a Judge of the High Court.
5. (4) Every matter to be decided by the Commission shall be decided in accordance with the opinion of the majority of the members.
6. (5) A person appointed as member of the Commission shall, before he enters upon his office, make and subscribe before the Governor or some person appointed in that behalf by him, an oath or affirmation according to the Form set out hereunder:— “I, A.B., having been appointed as member of the Commission under the Kerala Public Men’s Corruption (Investigations and Inquiries) Act, 1987, do swear in the name of God / solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and that I will duly and faithfully and to the best of my ability, knowledge and judgement perform the duties of my office without fear or favour, affection or ill-will.”
7. (6) The Chairman shall—
   • (a) preside over the sittings of the Commission; and
   • (b) in consultation with the other members exercise administrative control over the Secretary and other officers and employees of the Commission. 1[“(7) Notwithstanding anything contained in this Act, the Commission may, if it is satisfied that any of the members of the Commission is directly or indirectly interested in the subject matter of the complaint or the participation of any member in the investigation and inquiry of the complaint is likely to cause violation of the principles of natural justice or for any other reasons to be recorded in writing, decide that such complaint be investigated and enquired into by the other members only of the Commission and proceed accordingly; thereupon the report of the findings and recommendations of such other members of the Commission shall be deemed to be that of the Commission and be acted upon: Provided that where any complaint is investigated and enquired into by the two members of the Commission and the members are divided in their findings, they shall State the point or points on which they differ and a report thereon shall be made to the Governor and thereupon the Governor shall appoint a person who holds or has held office as Judge of the Supreme Court or that of the High Court or who is qualified to be appointed as a Judge of the High Court to be the additional member of the Commission and the point or points of difference shall be decided in accordance with the opinion of the majority of the members including the additional member so appointed. The additional member so appointed shall cease to hold office on the submission of the report of the findings and recommendations to the competent authority and to the Government" by the Commission as required under section 17.”]