Chapter III FUNCTIONS, POWERS ETC. OF THE COMMISSION

1. (1) Subject to the provisions of this Act, it shall be the function of the Commission to issue guidelines for the welfare and protection of the elderly and to provide assistance and to facilitate rehabilitation to them in collaboration with Government when it is required and to provide legal aid of any sort when needed, and to undertake and carry out schemes and activities necessary for making use of their skills and experience for utilizing it for the general public and to perform such other functions as may be assigned to the Commission by the Government from time to time.
2. (2) The Commission shall in furtherance of its object perform the following functions, namely:—
   • (a) to conduct inspection or inquiry and to recommend necessary remedial measures for the implementation of the provisions pertaining to the welfare and protection of the elderly, as per the Constitution of India or any other law or order for the time being in force;
   • (b) to co-ordinate various Departments of the Government for the ensuring of welfare and protection of the elderly;
   • (c) to co-ordinate necessary actions for bringing those elderly who were abandoned or orphaned to the Care Centres;
   • (d) to advise the Government regarding the schemes which are to be planned and implemented for the ensuring of welfare and protection of the elderly;
   • (e) when a complaint is received or brought to notice that there occurred denial or violation of the provisions relating to rights, protection or welfare of the elderly or violence occurred against the elderly and it is prima facie satisfied such denial or violation of provisions or violence, it shall conduct a preliminary inquiry and prepare a report in writing thereon and bring it to the notice of the authorities concerned as early as possible and to recommend for further action and shall in appropriate cases provide assistance from the Legal Aid Authorities;
   • (f) to conduct inquiry on a complaint received from prisons or lock-ups where the elderly are detained or other places related to custody and submit reports to the authorities concerned;
   • (g) to prepare and publish status statement of the elderly as may be prescribed;
   • (h) to advice Government on other matters referred to for the consideration of the Commission from time to time.

1. (1) For the purpose of carrying out its functions, the Commission shall have the power to utilize the service of,—
   • (a) any officer of the Government, with the permission of the Government; or
   • (b) any officer of the Corporations or Boards owned by the Government or Local Authorities, with the sanction of the Corporation, Board or the Local Authorities concerned and with the concurrence of the Government.
2. (2) While performing its functions under section 9, the Commission shall have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:— on oath;
   • (a) summoning and enforcing the attendance of any person and examining them
   • (b) discovery and production of any document;
   • (c) receiving evidence on affidavit;
   • (d) requisitioning any public record or copy thereof from any court or office or other institutions;
   • (e) issuing commissions for the examination of witnesses and verification of documents;
   • (f) any other matter as may be prescribed.
3. (3) The Commission shall, while conducting an inquiry under section 9, afford a reasonable opportunity of being heard to the persons concerned to represent either by themselves or through authorised representative.
4. (4) On any inquiry under this Act the findings of the Commission shall be forwarded to the Government along with its recommendation for appropriate action or for redressal to the parties in dispute within one month after completing such inquiry.
5. (5) The statement or deposition given by a person relating to himself before the Commission as part of taking evidence shall not be used in proceedings before any civil court or criminal court except in prosecution proceedings for giving false evidence by way of such statement or deposition.

The Commission shall, with the previous sanction of the Government and subject to such terms and conditions as may be specified by the Government in this behalf, have the power to institute endowments for encouraging elderly in various literary, cultural and sports activities, to give them prizes or awards and to receive money from any organisation or person in this behalf by way of donation or contribution or by any other name.