Chapter II CONSTITUTION OF THE COMMISSION

1. (1) The Government shall as soon as may be after the commencement of this Act, by notification, constitute a body by name the Kerala State Elderly Commission to exercise the powers conferred on it and to perform the functions assigned to it under this Act.
2. (2) The Commission shall consists of a Chairperson and not more than four members who shall be appointed by Government by notification.
3. (3) The Chairperson including members appointed to the Commission shall be elderly and have experience in the field of welfare of the elderly and of whom one shall be from Scheduled Castes or Scheduled Tribes and the other one shall be a woman.
4. (4) The Government shall appoint a person not below the rank of an Additional Secretary to Government as the Secretary of the Commission and a person not below the rank of the Joint Secretary to Government in Law Department as the Registrar of the Commission and a person not below the rank of the Deputy Secretary to Government in Finance Department as the Finance Officer of the Commission.
5. (5) Persons appointed under sub-section (4) shall have such powers and functions as may be prescribed.
6. (6) The headquarters of the Commission shall be at Thiruvananthapuram.

1. (1) The term of office of the Chairperson and the members shall be three years from the date on which they assume office: Provided that the Chairperson may continue in office till his successor is appointed under sub-section (2) of section 3 and assumes office or for six months, whichever is earlier.
2. (2) The Chairperson or the member may, at any time by writing under his hand addressed to the Government, resign his office.
3. (3) In the event of occurrence of casual vacancy of the Chairperson or the member by reason of resignation, death, removal or the like, the same shall be filled by an appointment by the Government and the persons so appointed shall be entitled to hold office for the remaining period of the term of office in whose place he is so appointed.
4. (4) The Government may by order remove the Chairperson or any member from his office, if he,—
   • (a) is adjudged as an undischarged insolvent by a competent court;
   • (b) has been convicted and sentenced to imprisonment for an offence which in the opinion of the Government involves moral turpitude;
   • (c) become of unsound mind and so declared by a competent court;
   • (d) is absent from three consecutive meetings without obtaining permission from the Commission;
   • (e) is in the opinion of the Government, abused his official position so as to be detrimental to the interest of the elderly or to public interest;
   • (f) abstain from discharging functions; or
   • (g) became incapable to discharge functions: Provided that no person shall be removed under this sub-section unless he has been given a reasonable opportunity of being heard.
5. (5) The Chairperson shall not engage in any other employment having salary or in any other work having remuneration, in so long as he continues in such position.
6. (6) The Chairperson or a member shall not be eligible to hold office for more than two term: Provided that in the case of a person appointed under the provisions of sub-section (3) and holding office only for a period of one year or less, such period shall not be reckoned as a term under sub-section (1).
7. (7) The general superintendence, guidance and administration in the day to day affairs of the Commission shall be vested in the Chairperson and he shall be assisted by other members in the discharge of such functions.
8. (8) The Chairperson shall be a full time officer having the rank of Secretary to Government and shall be eligible for such salary and allowances as may be prescribed.
9. (9) The members of the Commission shall be eligible for honorarium and such allowances or sitting fees for attending the meetings, as may be prescribed.

1. (1) The Government shall appoint officers and staff to the Commission for the discharge of its functions.
2. (2) The salaries and allowances payable to the officers and staff appointed under sub-section (1), and the method of appointment and other conditions relating to service etc. shall be in the manner as prescribed.

The

salary and allowances of the Chairperson, the honorarium, allowances and sitting fees payable to the members and the administrative expenses including salary, allowances and pension to the officers and staff referred to in sub-section (4) of section 3 and sub-section (1) of section 5 shall be utilised from the grants referred to in sub-section (1) of section 12.

No act or proceeding of the Commission shall be invalid only on the ground that there exists any vacancy in the Commission or any defect in its constitution.

1. (1) The Commission shall meet at such time and at such place as the Chairperson may think fit as per the procedure as prescribed.
2. (2) All orders and decisions of the Commission shall be authenticated by the signature of the Chairperson or the Registrar as authorised by the Commission in this behalf and other instruments executed by the Commission shall be authenticated by the signature of the Secretary or an officer discharging the functions of the Secretary.
3. (3) The Commission may, for the purpose of transacting any business before it or for considering any special matter, invite persons not exceeding two, having special knowledge in the matter as special invitees and let them to participate in the meetings but such persons shall not have the right of voting in such meetings of the Commission.
4. (4) The persons invited under sub-section (3) shall be eligible for such allowances as may be prescribed.