Chapter V MISCELLANEOUS

No suit, prosecution or other legal

proceedings shall lie against the Chairperson or any Member, Secretary or any other officer or staff of the Commission acting under the direction of the Commission in respect of anything which is done or purported to be done in good faith under this Act.

The Chairperson, Members, Secretary and other officers and staff shall be deemed to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023).

The provisions of this Act shall be in addition

to and not in derogation of any other laws for the time being in force.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties: Provided that no such order shall be issued after the expiry of a period of two years from the date of commencement of this Act.
2. (2) Every order made under sub-section (1) shall as soon as may be after it is made be laid before the Legislative Assembly.

1. (1) The Government may, by notification in the Gazette, make rules for carrying out the provisions of this Act.
2. (2) In particular and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:—
   • (a) the salary and allowances payable to and other terms and conditions of service of the Chairperson and the honorarium, allowances or sitting fees payable to the Members;
   • (b) the powers and functions of the Secretary, the Registrar and the Finance Officer appointed under sub-section (4) of section 3;
   • (c) the method of appointment, salary, allowances and other conditions of service of the staff to be appointed in the Commission under section 5;
   • (d) the procedure for summoning the meeting of the Commission under sub-section (1) of section 8;
   • (e) the allowances payable to the special invitees as per sub-section (3) of section 8;
   • (f) the allowances and other benefits payable to officers performing functions under sub-section (1) of section 10;
   • (g) the Form for preparing the annual statement under sub-section (1) of section 13;
   • (h) the Form and time limit of annual report to be prepared by the Commission under sub-section (1) of section 14;
     • (i) any other matter which is to be or may be prescribed.
3. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Notwithstanding the cesser of operation of the Kerala State Elderly Commission Ordinance, 2024 (3 of 2024) (hereinafter referred to as the said Ordinance),—

1. (a) anything done or deemed to have been done or any action taken or deemed to have been taken by this Ordinance shall be deemed to have been done or taken under this Act;
2. (b) anything done or any action taken after the cesser of operation of the said Ordinance and before the date of publication of this Act in the Gazette, which could have been done or taken by the said Ordinance had it not been ceased to operate, shall be deemed to have been done or taken under this Act. ____________________________________________________________________________________________________________________________ PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2025