LexThe Kerala State Elderly Commission Act, 2025
Kerala · state statute
Open in Lexace · Ask the AI about this actGOVERNMENT OF KERALA
Law (Legislation-H) Department
NOTIFICATION
In pursuance of clause (3) of Article 348 of the Constitution of India, the Governor of
Kerala is pleased to authorise the publication in the Gazette of the following translation in
English language of the Kerala State Elderly Commission Act, 2025 (5 of 2025).
By order of the Governor,
K. G. SANAL KUMAR,
Law Secretary.
No. Leg. H1/168/2024/Law. Dated, Thiruvananthapuram, 25th April, 2025
12th Medam, 1200
5th Vaisakha, 1947.
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[Translation in English of “2025-ടേ കേരള സംസ്ഥാന വകയാജന േമ്മീഷൻ ആേ്റ് ”
published under the authority of the Governor.]
ACT 5 OF 2025
THE KERALA STATE ELDERLY COMMISSION ACT, 2025
An Act to constitute an Elderly Commission for giving guidelines in matters related to the
welfare and protection of the elderly and to enable their rehabilitation and to undertake
and carry out schemes and activities necessary for making use of their skil ls and
experience for utilizing it for the general public and to ensure the protection of rights and
for matters connected therewith or incidental thereto.
Preamble.—WHEREAS, it is expedient to constitute an Elderly Commission for giving
guidelines in matters related to the welfare and protection of the elderly and to enable their
rehabilitation 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 ensure the protection
of rights and for matters connected therewith or incidental thereto;
BE it enacted in the Seventy-sixth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title and commencement.—(1) This Act may be called the Kerala State Elderly
Commission Act, 2025.
(2) It shall be deemed to have come into force on the 21st day of December, 2024.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Care Centre” means Government old age homes or old age homes having
recognition of the Orphanage Control Board for protecting elderly;
(b) “Chairperson” means Chairperson of the Commission;
(c) “Commission” means the Kerala State Elderly Commission constituted under
section 3;
(d) “Elderly” means a person who has completed sixty years of age;
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(e) “Government” means the Government of Kerala;
(f) “Member” means a member of the Commission;
(g) “Notification” means a notification published in the Gazette;
(h) “Old Age Home” means any institution where elders are accommodated or
protected;
(i) “Prescribed” means prescribed by rules made under this Act.
CHAPTER II
CONSTITUTION OF THE COMMISSION
3. Constitution of the Commission.—(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) The Commission shall consists of a Chairperson and not more than four members
who shall be appointed by Government by notification.
(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) 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) Persons appointed under sub -section (4) shall have such powers and functions
as may be prescribed.
(6) The headquarters of the Commission shall be at Thiruvananthapuram.
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4. Term of office and conditions of service of Chairperson and members.—(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) The Chairperson or the member may, at any time by writing under his hand
addressed to the Government, resign his office.
(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 f or the
remaining period of the term of office in whose place he is so appointed.
(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.
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(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) 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) 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) 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) The members of the Commission shall be eligible for honorarium and such
allowances or sitting fees for attending the meetings, as may be prescribed.
5. Officers and Staff of the Commission.—(1) The Government shall appoint officers and
staff to the Commission for the discharge of its functions.
(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.
6. Salaries, allowances and the administrative expenses to be allotted from grants.—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.
7. Vacancies etc. not to invalidate the proceedings of the Commission .—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.
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8. Meetings of the Commission .—(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) 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 o f
the Secretary or an officer discharging the functions of the Secretary.
(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) The persons invited under sub -section (3) shall be eligible for such allowances
as may be prescribed.
CHAPTER III
FUNCTIONS, POWERS ETC. OF THE COMMISSION
9. Functions of the Commission.—(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) 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;
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(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.
10. Powers of the Commission .—(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) 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:—
(a) summoning and enforcing the attendance of any person and examining them
on oath;
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(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) 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) 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) 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.
11. Contributions, endowments etc. towards the Commission .—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 a nd 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.
CHAPTER IV
FINANCE, ACCOUNTS, AUDIT AND ANNUAL REPORT
12. Grants by the Government.—(1) The Government shall, after due appropriation made
by the Legislature by law, pay to the Commission by way of grant such sum of money as the
Government may think fit for the purpose of utilising under this Act.
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(2) The Commission may, out of the grant spend such sum as it may deem fit for
performing the functions under this Act and such sum shall be treated as expenditure payable
out of the grant referred to in sub-section (1).
13. Accounts and Audit.—(1) The Commission shall maintain proper accounts and other
relevant records and prepare an annual statement of accounts in consultation with the
Accountant General in the Form as may be prescribed.
(2) The accounts of the Commission shall be audited by the Accountant General in
each financial year and any expenditure incurred in connection with such audit shall be payable
by the Commission to the Accountant General.
(3) The Accountant General and any person appointed by him in connection with the
audit and accounts of the Commission under this Act shall have the same rights and privileges
as the Accountant General generally has in connection with the audit of Government accounts
and in particular, shall have the right to demand production of books and accounts, connected
vouchers, other documents and papers and to inspect any office of the Commission.
(4) The accounts of the Commission as certified by the Accountant General or any
other person appointed by him in this behalf, along with the audit report thereon shall be
forwarded to the Government by the Commission in each financial year and the Government
shall lay the report before the Legislative Assembly within a period of six months from the date
of its receipt.
14. Annual report of the Commission .—(1) The Commission shall within three months
after the end of each financial year submit to the Government an annual report giving a full
account of the activities and programmes undertaken during the previous financial year in such
Form and in such manner as may be prescribed.
(2) A copy of the report received under sub -section (1) shall be laid before the
Legislative Assembly by the Government within six months from the date of receipt of the
same.
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CHAPTER V
MISCELLANEOUS
15. Protection of action taken in good faith .—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.
16. Chairperson, Members, Secretary and other officers and staff to be public servants.—
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).
17. Application of other laws not barred.—The provisions of this Act shall be in addition
to and not in derogation of any other laws for the time being in force.
18. Power to remove difficulties .—(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) Every order made under sub-section (1) shall as soon as may be after it is made
be laid before the Legislative Assembly.
19. Power to make rules.—(1) The Government may, by notification in the Gazette, make
rules for carrying out the provisions of this Act.
(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;
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(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) 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 modifie d 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.
20. Validation.—Notwithstanding the cesser of operation of the Kerala State Elderly
Commission Ordinance, 2024 (3 of 2024) (hereinafter referred to as the said Ordinance),—
(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;
(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.
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____________________________________________________________________________________________________________________________
PUBLISHED BY THE SUPERINTENDENT OF GOVERNMENT PRESSES
AT THE GOVERNMENT CENTRAL PRESS, THIRUVANANTHAPURAM, 2025