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Section 4: Constitution of Commission

The Kerala Public Men (Prevention of Corruption) Act, 1983State Act of Kerala · Act 6 of 1984

(1) The Governor shall constitute a Commission consisting of three members to deal effectively with allegations of corruption against public men.

(2) The Governor shall in consultation with the Chief Minister of the State and the Chief Justice, appoint under his hand and seal the members of the Commission.

(3) Two of the persons appointed under sub-section (2) shall be sitting or retired Judges of the Supreme Court or of the High Court (hereinafter referred to as judicial members) and the other member shall be a person who is an officer not below the rank of Secretary to Government.

(4) The Governor shall, in consultation with the Chief Minister of the State and the Chief Justice, appoint one of the Judicial Members to be the Chairman of the Commission.

(5) Every matter to be decided by the Commission shall be decided in accordance with the opinion of the majority of the Commissioners.

(6) A Commissioner shall not be a member of Parliament or a member of the Legislature of any State and shall not hold any office of trust or profits (other than the office as Commissioner), or be connected with any organization the activities of which are likely to result in communal disharmony or hatred or carry on any business, or practice any profession and accordingly before entering upon his office, a person appointed as Commissioner shall,-

(a) if he is a Member of Parliament or of the Legislature of a State, resign such membership; or

(b) if he holds any office of trust or profit, resign from such office; or

(c) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or

(d) if he is practising any profession, cease to practise such profession.

(7) A person who has been a member of a political party at any time during the period of five years immediately preceding- 7

(a) the commencement of this Act, in the case of first appointment after such commencement; or

(b) the date on which the vacancy has arisen, in the case of any subsequent appointinent, shall not be eligible to be appointed as Commissioner.

Where this provision sits

ActThe Kerala Public Men (Prevention of Corruption) Act, 1983
Section4
Marginal noteConstitution of Commission
JurisdictionState of Kerala
StatusIn force as published by the source

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