The Kerala Public Service Commission (Additional Functions as Respects Certain Societics)Act,1996

55 • THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECT.3 CERTAIN SOCIETIES) ACT, 1996 (Act 5 of 1996) CONTENTS Preamble SecttotlS: I . Short title and Conunencement 2. Definitions 3. Functions of Public Service Conumssion in respect of Services under Societies 4. Power to make rules :>. Repeal and Savmg. 57 ACT 5 OF -1996* THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL 1 FBNCTIONS AS RESPECTS CERTAIN SOCIETIES) ACT, 1996 An Act to provtde for the exerczse of addztzonal fu1zctzons by tlze Kerala Publzc c~:rtazn Servzce CommzsszoTJ as respects the servzces under certazn soczetzes. Prcarnble.-WHEREAS it is expedient to provide for the <'Xcrcise of certam additional functions by the Kerala Public Service Commission as respects-the services Wlder certain societies; ' BE it enacted in the Forty-seventh year of the Republic of India as follows:- , J. Slzort tztlt and Commencement -( 1} This Act may be called the Ker<ll:! Public Service Commission (Additonal Functions as respects certain Societies) Act, 1996. (2) It shall be deemed to have come into force on the 27th day of October, 1995. 0 2. Defimtwns.-In this Act, unless the context otherwise requires,- ( a) '·comrntttee'' means the governing body of a society, by whatever name called, to which by the constitution, bye-laws or rules of the society the manag,ement of its affa1rs is entrusted; (b) "society" means a co-operative society mentioned m the Schedule to the Kerala Co-operative Societies Act, 1969 (21 of 1969) or any other society registf'red or deemed to be regxstered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registartion Act, 1955 {XII Of I 955) or under the Societies Registration Act, 1860 (Central Act XXI of 1860) as may be declared by the Government as a Society for the purposes of this Act, (c} "Public Se1·vice Commission" means the Kerala Public Service Commission. 3. Functions of 'publzc Service Commisszon m respect of servzces under soczetus. ( l) It shall be the duty of the Pubhc Service Comm1ssion to prcpm e select list for appointment, by direct recruitment, of officers and servants of the services under-a society. (2) · The committee of every society shall consult the Public Se1 vxce Commi~sion- (a) as respect's the matters 1clating to di1ect recruitment to the .. services and posts under that society; (b} on the principles to be followed in making appointments by direct recruitment, to the services and posts under that society and on the of candidates for such .lppointmcnts; ~uitability be and it shall the duty of the Public Service Commission to advise on any matter so referred to them; -*Received the assent of the Gover;.or on the 26th day of March 1996 and pui:Hished in the Kerala Gazette Extraordinary No.475 dated 27th March 1996.' 34j5203/97JMC. 58 Provided that the Government may make rules specifying the matters in which, either generally, or in any particular class of cases or in any particular circumstan~es, it shall not be necessary for the Public Service Commission to be consulted. (3) Nothing in sub-section (2) shall require a committee of a co operative society to consult the Public Service CommissiOn in respect of any matters specified in sub-sections (1), (2) or (3) of section 80 of the Kerala Co-operative Societies Act, 1969 (21 of 1969). ( 4) In the case of any difference of opinion between the Public Service Commission and a committee on any matter, the committee shall refer the matter to the Government and the decision of the Government thereon shall be final : Prov1ded that the Government, before taking a decision against the advice of the Public Service Commission, shall refer the matter to the Commission. 4. Power to make rules.-(1) The Government may, in consultation with the Public Service Commission and the committees of the societies, make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the forcgomg )ower, such rules may provide for- 1 (a) the p1 ocedure to be followed by a committee for consultatiOn wtth the Public Service Commission; (bl any matter which is incidental to, or necessary for, the purpose of comultation with the Public Service Commission· l3) Eve1 y 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 ~ession for a total period of fourteen days which may be comprised in one session or in two successive sessmns and if, before the expiry of the session in which it is so laid, or the sess1on immediately following, the Legislative Assembly makes any modification m the rnlc or decides that the rule should not be made, the rule shall, thereafter, have effect only m 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 vahd1ty of anything previously done under that ule. 1 r 5. Repeal and savin.s;.-( 1) The Kerala Public Service Commission l (Additional Functions as Respects Certain Societies) Ordinance, 1995 I (15 of 1995), is hereby repealed. \ (2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance, shall be deemed to have been done or taken under l this Act. r \