Term of office and other conditions of service of members

Term of office and other conditions of service of members.—

1. (1) A person appointed as member shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of seventy years, whichever is earlier: Provided that,—
   • (a) a member may, by writing under his hand addressed to the Governor, resign his office;
   • (b) a member may be removed from office in the manner provided in section 7. (1A) Any vacancy among the members caused by the death, resignation, overage, removal or otherwise may be filled up, as soon as may be, by the appointment of a person possessing the qualifications mentioned in sub-section (3) of section 4 in relation to the category of the member whose place has become vacant, in the manner specified in sub-section (2) of the said section by the Governor, and the person so appointed shall hold office as member for the unexpired portion of the term of office of the member in whose vacancy he is appointed.
2. (2) On ceasing to hold office, a member shall be ineligible for reappointment as member or for further employment to any office of profit under the Government of Kerala or in any Authority, Corporation, Company, Society or University referred to in clause (j) of section 2. Explanation.— The re-assumption of office by a member as Judge of the Supreme Court or High Court, as the case may be, on his ceasing to hold office as such member shall not be deemed to be further employment to any office of profit referred to in this sub-section.
3. (3) A member shall have the like status, shall be entitled to the same salary, allowances and pension and shall be subject to the same conditions of service, as a Judge of the High Court of Kerala: Provided that the status, salary, allowances, pension and other conditions of service of a Judge of the Supreme Court or a retired Judge of the Supreme Court appointed as member shall be the same as a Judge of the Supreme Court: Provided further that, if a member at the time of his appointment is in receipt of pension in respect of any previous service, as a Judge under the Government of India or under the Government of a State his salary in respect of service as member shall be reduced—
   • (a) by the amount of that pension, except pension received as freedom fighter;
   • (b) if he has, before such appointment, received in lieu of a portion of the pension due to him in respect of such previous service the commuted value thereof, by the amount of that portion of the pension; and
   • (c) if he has, before such appointment, received a retirement gratuity in respect of such previous service, by the pension equivalent of that gratuity: Provided also that the allowances payable to, and other conditions of service of, a member shall not be varied to his disadvantage after his appointment.
4. (4) The expenditure in respect of the salaries and allowances of members of the Commission shall be charged on the Consolidated Fund of the State.