Chapter II CONSTITUTION OF THE COMMISSION

1. (1) The Government shall, as soon as may be, after the commencement of this Act, by notification in the Gazette, constitute a body to be known as the “Kerala State Commission for Minorities” to exercise the powers and to perform the functions conferred on it under this Act.
2. (2) The Commission shall consist of the following members, namely:—
   • (a) a Chairperson belonging to a minority community in the State, having special knowledge in matters relating to the minority and knowledge in law, nominated by the Government;
   • (b) a member belonging to [a]1 minority community in the State and having special knowledge in matters relating to minority, nominated by the Government;
   • (c) a woman belonging to minority community in the State having special knowledge in matters relating to minority and who has proved working excellence in such matters, nominated by the Government.
3. (3) An offer not below the rank of an Additional Secretary to Government, who shall be the Member Secretary and the Chief Executive 1Substituted by Act 5 of 2017 (w.e.f. 03-02-2017). Officer of the Commission and who shall exercise such kind of powers and discharge the functions as the Commission may, by its order, authorise.

1. (1) Each member may continue in office till the completion of three years from the date on which he assumes office.
2. (2) The Chairperson or member of the Commission may, at any time, by giving intimation to the Government in writing under his hand, resign his office.
3. (3) The Government shall remove a person from the office of the Chairperson or of a member, if that person,—
   • (a) becomes an undischarged insolvent; or
   • (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or
   • (c) becomes of unsound mind and stands so declared by a competent court; or
   • (d) refuse to work or becomes incapable to work; or
   • (e) without obtaining prior permission from the Commission, does not attend three consecutive meetings of the Commission; or
   • (f) in the opinion of the Government, has so abused the official position of Chairperson or Member as to render that person’s continuance in office detrimental to the interest of minorities or public interest: Provided that no person shall be removed under this sub-section unless that person has been given an opportunity of being heard in the matter.
4. (4) The vacancies occurred under sub-section (2) or otherwise shall be filled by fresh nomination and a person so nominated shall continue in office for the remaining period of the tenure of the person in whose place he is nominated.
5. (5) The salary and allowances payable to, and the other terms and conditions of service of, the Chairperson and Members shall be such as may be prescribed.

1. (1) The Government shall provide such officers and other employees as may be required for the efficient performance of the Commission.
2. (2) The salary and allowance payable to, and the 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.

The salary and allowances payable to the Chairperson and Members, and the administrative expenses, including salary, allowances and pension payable to the officers and other employees referred to in sub-section (1) of section 5, shall be paid out of the grant referred to in sub-section (1) of section 15.

No

act or proceeding of the Commission shall be invalid on the ground of any defect in the constitution of the Commission or the existence of vacancy in the Commission in any manner.

1. (1) The Commission shall meet whenever necessary at such time and place as the Chairperson thinks fit: Provided that such meeting shall be held at least once in three months.
2. (2) The Commission shall have the power to regulate its own procedure.
3. (3) All orders and decisions of the Commission shall be authenticated by the Member Secretary.
4. (4) The quorum for the meeting of the Commission shall be two.