Kerala act 023 of 1973 : The Kerala Public Service Commission (Additional Functions as Respects the services under Local Authorities) Act, 1973 (No.23 of 1973)

68

THE KERALA PUBLIC SERVICE COMMISSION

(ADDI-

TIONAL FUNCTIONS AS RESPECTS

THE SERVICES

UNDER

LOCAL

AUTHORITIES) ACT,

1973

(Act ^{23 of}

1973)

CONTENTS

Preamble. Sections

1. Short

title and

commencement.

2 Definitions

3.

Functions

of

the

Public

Service Commissionⁱⁿ

respect of

services under local authorities.

4. Power to

make

rules.

THE KERALA PUBLIC SERVICE COMMISSION

(ADDITIONAL

FUNCTIONS^ASRESPECTS^THE

SERVICES

UNDER LOCAL

AUTHORITIES)

ACT,

1973' (Act ^{23 of}

1973)

An Act to

provide for

the exerc se

of

certain

additional

func- tions

by

the Kerala

Public Service

Commission as respects the services under certain

local authorities. Preamble

—WHEREAS

it is

expedient

to

provide

for the exermse of

certain additional

functions

by

the

Kerala Public Service Commission in

respect

of

appointments

of

officers

and servants of

certain local authorities in the

State

of

Kerala

and their

conditions of

service; BE it

enacted

in

the

Twenty-fourth year of the

Republic of

India

as

fOIIOWS:—-

1

Short

title and

commencement—(1)

This Act may be called the

Kerala Public

Service Commission

(Additional Functions as

Respects

the

Services under

Local

Authorities) Act,

1973.

'Pubhshed m the Gazette

Extraordinary

No

709

dated 4th August,

1973.

A-

69

(2) ^Itshall^comeinto

force^{onsuchdate asthe}Govern- ment may, by

notificatmn

in the

Gazette,

appoint.

2.

Definitions—In

this

Act,

unless

the context otherwise requires,—

(a) "appointing authority"

means^theofficer ^or

authority empowered ^tomake

appointments ^toservices^and

posts

under a local

authority; (b)

"Local

authority"

means ^a

municipal

corporation ^or a

municipal

council or ^a

township

committee ^or

a, Panchayat or a

city

improvement

trust or

any other

authority by

what- ever name

called,

constituted

under any law

for the time

being in force for the purpose^oflocal self

Government, (c)

"Public Service

Commission" means^theKerala Public Service Commission.

3. Functions

of

the Publzc Service

Commission ⁱⁿ

respect of

se'rmces under local

authorities—(1)

Notwrthstanding any- thing

contained ⁱⁿany^law

relating ^totherecruitment ^and conditions of servrce of officers and servants of local authorities or

any rule,

bye-law

or

regulation

made

under any such

law, the

Public Service Commission

shall

be

consulted—

(a) ^onallmatters

relating ^tomethods^ofrecruitment to

services and

posts

under a local

authority;

(b) ^onthe

principles ^{to be}followedⁱⁿ

making appointments ^toserwces^and

posts

under^alocal

authority and in

making promotions

and transfers

from one

service

to another and on the

suitability

of

candidates for such

appomt— ments,

promotions ^ortransfers.^anditshall^{be the}

duty ^{of the} Public Service

Commission to advise on

any matter

so referred to

them:

'

Provided that the Government may make rules

specifying the matters in which

either

generally,

or in

any particular class of case or in any particular circumstances,

it

shall not be necessary for the Public

Service Commission to be consulted.

(2) ^Inthecaseofany difference^of

opinion

between^the Public Service Commission

and an

appointing

authority

on

70

to the Government and

the decision of

the Government thereon shall be final:

Provided ^thatthe

Government,

before

taking ^adeCision against ^theadvice ^{of the}

Public

Servxce

Commission,

shall refer the matter to the Public Service Commission.

4. Power to make

rules—(1)

The Government may, in consultation ^withthePublic Service

Commission, ^makerules for

carrying

out^thepurposes of this

Act.

(2) ^In

particular, ^and

without

prejudice ^tothe generality ^ofthe

foregoing power,^{such rulemay}provide ^for—

(a) ^the

procedure ^{to be}followed

by ^an

appomting authority ^forconsultation ^withthe

Public Service Commission;

(b) any

matter which ^is

incidental

to, ^or

necessary for, ^thepurpose^of

consultation^withthe

Public SerVice Commission;

(c) any

matter^forwhich rules^havetobeor

may be, made under this

Act.

(3) Every ^rulemadeunder^thisActshall^be

laid, ^as soon as

may be

after

it^is

made,

before

the

Legislative Assembly

while ^{it isin}

session^fora

total

period ^offourteen days

which^maybe

comprised ^inone

sessmn^{or in two} successive

sessions,

and

if,

before the

expiry

of the

session

in which it ^ISso

laid,

or^theseSSion

immediately following,

the Legislative

Assembly

makes any modification ^{in theruleor} decides that the rule

should

not

be

made,

the

rule shall there- after 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 any- thing previously ^doneunder ^thatrule. -'—-

.a..._:__