The Kerala State Youth Commission Act, 2014

12 GOVERNMENT OF KERALA Law (Legislation-D) Department NOTIFICATION No. 18411/D3/2012/Law. 13th February, 2014 Dated, Thiruvananthapuram, ----------------'--- 1st Kumbham, 1189/24th Magha 1935. 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 Youth Commission Act, 2014 (6 of 2014). By order of the Governor, C. REMAN!, Special Secretary (Law). 13 [Translation in English of "2014-@QJ adhaJ§ cruocrunom CO>JOJ mm dhlml'ln'U® <:1J10cihg" published under the authority of the Governor.] ACT 6 O:F 2014 THE KERALA STATE YOUTH COMMISSION ACT, 2014 An Act to constitute a Youth Commission for the purpose of evolving and implementing programmes for educating and empowering the youths and to function as protector of the rights of youths and to provide for matters connected therewith or incidental thereto. Preamble.-WHEREAS, it is expedient to constitute a Youth Commission for the purpose of evol-ving and implementing programmes for educating and empowering the youths and to function as a protector of the rights of youths and to provide for matters connected therewith and incidental thereto; BE it enacted in the Sixty-fifth Year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. Short title and commencement.-(!) This Act may be called the Kerala State Youth Commission Act, 2014. (2) It shall be deemed to have come into force on the 1st day of November, 2012. 2. Dejinitions.-In this Act, unless the context otherwise requircs,­ (a) "Chairperson" means the Chairperson of the Commission; (b) "Commission" means the Kcrala State Youth Commission constituted under section 3; (c) "Government" means the Government of Kerala; (d) "member" means a member of the Commission; (c) "prescribed" means prescribed by rules made under this Act; (f) "youth" means a person who has completed his eighteen years of age but has not completed his fortieth years of age. 14 CHAPTER II CONSTri1JTION OF THE COMMISSION 3. Constitution of the Commission.-(!) The Government shall, as soon as may be after the commencement of this Act, by notification in the Gazette, constitute a body by name the Kcrala State Youth Commission to exercise the powers conferred on, and to perform the functions assigned to, it under this Act. (2) The Commission shall consist of, -­ (a) a Chairperson; and (b) not more then thirteen member, of which one shall be a qualified legal practitioner, one shall be a person belonging to the Scheduled Caste and at least three shall be women and one among the women shall belong to the Scheduled Tribe. (3) The Chairperson and the members when appointed to the Commission shall be youths. ( 4) The Chairperson and the members shall be appointed by the Government. (5) The Government shall appoint a person who is, or has held, a post not below the rank of an Additional Secretary to Government as the Secretary of the Commission. (6) The headquarters of the Commission shall be at Thiruvananthapuram. 4. Term of office and conditions of service of the Chairperson and the members.----(1) The Chairperson and members may hold office for a period of three years from the date on which they assume office: Provided that the Chairperson shall continue to hold such office until his successor assumes office in accordance with the pro~isions of section 3 or for six months, whichever is earlier. (2~ The Chairperson or member may, at any time, by writing under his hand addressed to the Government, resign his office. (3) A casual vacancy caused by reason of death, removal or resignation or othcr\visc in the office of the Chairperson or member may be filled by fresh appointment and the person so appointed shall hold office for the remaining period of the term of the person in whose place he is appointed. 15 (4) The Government may, by order, remove the Chairperson or any member from his office if he,- ( a) is adjudged as an insolvent by a court; or (b) has been convicted and sentenced to imprisonment for an offence which, in the opinion of the Government, involves moral turpitude; or (c) becomes of unsound mind and stands so declared by a competent Court; or (d) without obtaining leave of absence from the Commission, is absent from three consecutive meetings of the Commission; or (e) is in the opinion of the Government, abused his official position so as to render his continuance in office prejudicial to the interest of the youth or to the public interest: Provided that no person shall be removed under this clause unless he has been given a reasonable opportunity of being heard. (5) The Chairperson shall not engage in any other employment earning remuneration or in any other work having wage, in so far as he continues in that position. (6) The Chairperson or a member shall not be eligible to hold office for more than two terms. (7) 'The general superintendence, direction and administration of the day to day affairs of the Commission shall be vested in the Chairperson and he shall be assisted by the other members. (8) The Chairperson shall be a full-time officer having the rank of Secretary to 'Government and shall be paid with such salary and allowances, as may be prescribed. (9) The members shall be paid with such allowances or sitting fees, as may be prescribed, for attending the meetings of the Commission. 5. Staff of the Commission.-(!) The Government shall provide the Commission with such officers and other employees as may be required for the proper functioning of the Commission. (2) The salaries and allowances payable to and other terms and conditions of service of the officers and other employees appointed for the purpose of the Commission shall be such as may be prescribed. 16 6. Salary~ allowances and administrative expenses to be paid out of grants.~Thc salary and allowances payable to the Chairperson and the allowances or sitting fees payable to the members and the administrative expenses including salary, allowances and pension payable to the officers and other employees referred to in section 5 shall be paid out of 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 proceedings of the Commission shall be invalid on the ground merely of the existence of any vacancy in the Commission or any defect in its constitution. 8. Meetings of the Commission.-(!) The Commission shall meet at such time and at such places as the Chairperson may think fit and the Commission shall have the power to regulate its own procedure. (2) All orders and decisions of the Commission shall be authenticated by the signature of the Chairperson or any other member authorised by the Commission in this behalf and other instruments executed by the Commission shall be authenticated by the signatmc of the Secretary or any other officer of the Commission authorised by the Chairperson in this behalf. (3) The Commission may, for the purpose of transacting any business before it or for considering any special issue, invite persons not exceeding two, having special knowledge in the matter, but they shall have no right to vote in the meetings of the Commission: Provided that the persons so invited shall be paid such allowances as may be prescribed. CHAPTER III POWERS AND FUNCTIONS OF THE COMMISSION 9. Functions of the Commission.--(!) Subject to the provisions of this Act, it shall be the duty of the Commission to guide, assist, promote and to develop abilities for the welfare of the youth and to perform such other functions as the Government may assign to it, from time to time. (2) The Commission may, in furtherance of its object, perform the following functions, namcly:-- (a) to inquire into and examine the working and enforcement of various protective provisions against exploitation or in other forms as provided in the Constitution of India or under any other law for the time being in force or under any order of the Government for the welfare and protection of the youths and to recommend remedial measures; 17 (b) to formulate and implement the programmes which arc necessary for the prevention of the usc of liquor, narcotics, tobacco products, other prohibited intoxicating substances, which arc the increasing social evils among the youths and of cybcr crimes and to take steps to provide knowledge to do any job with dignity to find livelihood and to give necessary recommendations in such matters to the Government. (c) to co-ordinate the Government departments for securing better education and employment opportunities to youths; (d) to develop and harness the potential of the youth in order to attain total empowcnncnt and excellence; (c) to undertake promotional and educational research so as to submit for the consideration of the Government the better ways of seeking employment opportunities to the youth; (f) to advise the Government in the planning process for the socio-economic development of the youth, especially those who belong to the weaker section and tribal section; (g) to explore the scope and potential of the youth in all levels of activities so as to make them attain high degree of accomplishment by developing their creativity and skills: (h) to monitor and report the occupational hazards faced by the youth in the unorgan;scd sector; (i) to conduct enquiry, on the complaints stating the rights and provisions for protection of the youths arc denied and, suo motu on the issues prima facie convinced of and to bring such matters in the notice of the authorities concerned and to rccommcd for actions. (j) to forn1lllatc and implement necessary steps to bring up environmental protection. civic sense, democratic sense, social conscience, legal literacy etc; and (k) to advise the Government in other matters as may be referred for its consideration from time to time. 10. Po!\·'CTS qfthe Cmnmission.·-(1) The Commission may, for the purpose of carrying out its functions, utilise the services of,- ( a) any officer of the Government with the permission of the Govcmmcnt; or 33'789.201 ,1/D'l'P. 18 (b) any officer of the Government owned Corporations or of the Local Authorities with the consent of such Corporation or Local Authority and with the concurrence of the Government. (2) The Commission shall, while performing its functions under section 9, 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 him on oath; or office; (b) requiring the discovery and production of any document; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court (e) appointing commissions for the examination of witnesses or documents; and (f) for any other matter, as may be prescribed. (3) The Commission shall, while conducting the enquiry under section 9, afford opportunity to all parties to present their views by themselves or by their authorised representatives. (4) The findings of the Commission on any enquiry conducted under this Act shall be communicated to the Government with its recommendation for appropriate action or relief to the parties to the dispute. (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 a 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. to the Commission.--The Commission may, with the previous sanction of the Government, and subject to such terms and conditions as may be required by the Government in this matter, receive money from any organization or person by way of donation, contribution or in any other name, for creating endowments and for providing prizes to encourage the' youth in various literary, cultural and sports activities. 19 CHAPTER IV FINANCE, ACCOUNTS AND AUDIT 12. Grants by the Government.-(!) The Government shall after due appropriation made by the Legislature by law in this behalf, pay to the Commission by way of grant, such sums of money as the Government may think fit for being utilised for the purpose of this Act. (2) The Commission may spend such sums out of the grants as it may deem fit for performing the functions under this Act and such sums shall be treated as expenditure payable out of the grants 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 such form as may be prescribed in consultation with the Accountant General. (2) The accounts of the Commission shall be audited annually by the Ac.countant General and any expenditure incurred in respect of such audit shall be paid by the Commission to the Accountant General. (3) The Accountant General and any person appointed by him in connection with the audit of 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 the production of books, accounts, connected vouchers and other documents and papers and to inspect the 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, together with the audit report thereon, shall be forwarded annually to the Government by the Commission and the Government shall lay the report within a period of six months from the date of its receipt before the Legislative Assembly. 14. Annual report of the Commission.-(!) 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, together with a status statement of the youth, in such form and such date, as may be prescribed. (2) A copy of the report received under sub-section (1) shall be laid before the Legislative Assembly within six months, after the same is received by the Government. 33/78~/14. 20 CHAPTER V MISCELLANEOUS 15. Protection of action taken in good faith.---No suit, or prosecution or other legal proceeding shall lie against the Commission, the Chairperson or any member or Secretary or any officer or any other employee 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, Officers and Etnployees of the Commission to be public servant.· --The Chairperson, Members, Secretary, Officers and Employees of the Commission shall be deemed to be public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). 17. Application of other lcnvs not barred.-~ The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force. 18. Power to make rules.~(l) The Govemmcnt may, by notification in the Gazette, make rules for carrying out the purposes 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, nanlcly:- (a) salary and allowances payable to and other terms and conditions of service of the Chairperson, allowances and sitting fees payable to the members; (b) allowances and other benefits payable to other officers engaged for duties under clauses (a) and (b) of sub-section (1) of section 10; (c) the summoning and holding of the meetings of the Commission and the quorum for the meeting; (d) the powers and functions of the Secretary of the Commission; (c) the form of annual statement of accounts to be kept; (f) the form of annual report to be prepared; and (g) any other matter which is required to be, or may be, prescribed. 21 (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. 19. Power to remove dijjiculties.-(l) 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 difficulty: 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 this section shall, as soon as may be after it is made, be laid before the Legislative A3scmbly. 20. Repeal and saving.-(1) The Kcrala State Youth Commission Ordinance, 2013 (45 of 2013) is hereby repealed. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.