Section 3 in Jammu and Kashmir Maintenance and Welfare of Parents and Senior Citizens Rules, 2017
3. Constitution of Tribunal/Appellate Tribunal.
(1)The Tribunal/ Appellate Tribunal shall in addition to the Presiding Officer consist of two non-official members, of whom one shall be a woman.(2)The non-official member shall have the following qualifications, namely :-(a)The non-official member should be permanent resident of the State and should not be less than 40 years of age in case of Maintenance Tribunal and not less than 50 years of age in case of Appellate Tribunal ;(b)The non-official member should possess preferably a graduate degree from a recognized university in case of Maintenance Tribunal and should possess a Post-graduate Degree in social works/sociology/anthropology/gerontology or similar affairs of public life in case of Appellate Tribunal ;(c)The non-official member should be a person of ability, integrity and standing and should have adequate knowledge andProvided that a person shall be disqualified for appointment as a member if he-(a)has been convicted and sentenced to imprisonment for an offence which, in the opinion of the State Government involves moral turpitude ; or(b)is an undischarged insolvent ; or(c)is of unsound mind and stands so declared by a competent court ; or(d)has been removed or dismissed from the service of the Government or a body corporate owned or controlled by the Government.(3)Every appointment in sub-rule (2) shall be made by the State Government on the recommendation of a selection committee consisting of the following, namely :-(a)Secretary to the Government, Social Welfare Department- Chairman ;(b)Director, Social Welfare, Kashmir/Jammu ;(c)One representative from the State Advisory Council for the Senior Citizens - Member ;(d)Any officer, not below the rank of Additional Secretary to Government, Social Welfare Department - Member-Secretary.(4)The selection committee at the time of recommending names for appointment as Members of the Tribunal and Appellate Tribunal shall also prepare a panel of names for each Tribunal to fill in vacancies which may arise during the tenure.(5)The two non-official members shall hold office for a term of three years from the date on which they join the office or up to the age of 65, whichever is earlier :Provided that a member shall be eligible for re-appointment for another term of three years or up to the age of 65, whichever is earlier, subject to the condition that he fulfils the qualification and other conditions for appointment as prescribed and such re-appointment shall also be made on the basis of the recommendation of Selection Committee.(6)A member can resign at any time, by giving one month advance notice in writing under his hand, or he may be removed from his office, after holding of enquiry by the State Government, if-(a)he has been found guilty of misuse of power vested under the Act ;(b)he has been convicted of an offence involving moral turpitude/ in criminal case ;(c)he fails to attend the four consecutive proceeding of the Tribunal without any valid reasons.(7)Any vacancy in the Tribunal may be filled by appointment of another person from the panel of names prepared by the selection committee constituted under sub-rule (3).(8)The non-official members of the Tribunal shall be paid sitting allowance as the State Government may determine, but it shall not be less than rupees five hundred per sitting per member.(9)The meetings of the Tribunal shall depend upon the expediency and requirement.(10)The Tribunal shall perform the functions of adjudicating and disposing of cases of maintenance to achieve the objects of the Act and in this respect shall be guided by the provisions laid down under Chapter II of the Act.
