Kerala act 022 of 2015 : The KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES UNDER THE KERALA STATE POLLUTION CONTROL BOARD) ACT, 2015)

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  • Department of Environment
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GOVERNMENT OF KERALA

.re-

Law (Legislation-F) Department

NOTIFICATION

Ne. 23308/Leg. f2/20!2/Law. . 26th December, 2015 Dated. Thiruvananthapumm. 10th Dha1111, 1191 5th Pousha. 193 7.

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Ip pursuance of clause (3) of Article 348 of the Constitution of India, the Goven1or of Kerala is pleased to authorise the publication in the Gazette of the following translation in English language of the Kerala Public Service Commission (Additional FunctiOns as respects the services under the Kerala State Pollution €antral Board) Act, 2015 (22 of 2015). By order of the Governor,

B. G. HARINDRANATH,

La.I' Secretary. [-" .··

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[Translation in English of ' ·2015-6>8.l a:c£na>gi nJ6Q.Jl c!h crurng,tlm) c£hll!Zl'1cii:JCT3 (a:

ACT 22 OF 2015

THE KERALA , PUBLIC SERV ICE COMMISSJQN

(ADDITIONAL FUNCTIONS AS RESPECTS THE SERVICES

UNDER TiiE KERALA STATE POLLUTION

CONTROL BOARD) ACT, 2015

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An Act to provide for the exerCise of certain additional .fimctions by the Kera/a Public ~ervice Commission as respects the services imder ·ihe Kera/a State Pollution Control Board. !

Preamble.-WHEREAS, .it -is expedient to provide for the .exei:cise0of "'" · cer,tain additional functions by th~ Kerala Public Service Cbmmission as

. . '\ . respects the servii..:es under the Kerala State Pollution Control Board; BE it enact~d in the Sixty~ sixth Year of the Republic. of India as follows:-

1. Short title and commencement.-This Act may be called the Kerala Public Service Commission (~dditional Function.s as respects the Services under the Kera la State Pollution Control Board) Act, 2015 .

(2) It 'shall come into force at once.

2. Dt;/initions.-ln this Act, unless the context otherwise requires,- , (a) . "Kerala State Pollution Control Board" means the Kerala State Pollution Control Board c~nstituted under section 4 of the Water (Prevention and Control of Pollution) Act, 1974 (Central Act 6 of 1974) and it shall also be deemed to be the State Board for the Prevention and Control of Air Pollution under section 4 of the -Air (Prevention and ~antral of Pollution). Act, 1981 (Central Act 14. of 1981 ); /_\,·

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(b) '"Public Service Commission" means th e Kerala ~Ol< l ic Service Commission;

(c) "'Services" means the serv ices under the Keral a State Pollution Control Board;

(d) "Government" means the Government of Kerala .

3. F1111 ctinns of the Public Service Commission in respect of th e services under the Kerrrla State Pollution Control Board.-(1) It shall be the duty ()f the Public Servi1:e Commission to prepare the select list of candidates .for making appointment by direct recruitment to· the posts under the services of the Board. ·

(2) The Kerala State Pollution Control Board shall consult the Public Service Co1pmission,~

(a) on all matters relating to direct recrui tment to the posts, other than th e post of Watchman and Part~time Sweeper, under the services of the Kerala State Pollution Control .Board;

(b) on ~he principles to be followed in making appointments by direct recruilf!1ent, promotions and by transfer to the posts under the services of the Kerala State Pollution Control Board and on the suitability of candidates for such appoin tments.

(3) It shall be the duty of the Public Service Commission to i

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l tender advice· on any matter on which their advice ·or instruction under ,,:;,,,.-·'·=- sub-section (2) is sought:

Provided that the Government may make rules specifying the matters in which eit11er generally, or in any particular case or in particular class of cases or in any particular circumstances, it shall not be necessary for · the Public Service Commission to be consulted.

(4) In case of any difference of opinion between t~e Public Service Commission and the Kerala State Pollution Control Board on any matter, the Kerala State Pollution Control Board shall refer the matter to the Government and the decision of the Government thereon ·shall be final:

Provided that the Government shall, before ta.king a decision against the advice of the Public Service Commision, refer the matter to the Public Service Commission. ' t I

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4. Power to make rules.--{ 1) The Government may, in consultation with • .ie Public Service Commission and the Kerala State Pollution Control Board, 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 power, such rules nrny provide for,-

(a) the procedure to be followed by the Kerala State Pollution Control Board for consultation w ith the Public Service Commission;

(b) the matters in which it shall not be necessary for the Public Service Commission to be consulted; · (c) any matter which is incidental to, or necessary for, the purpose of any consultation with the Public Service Commission.

(3) Every rule m~de 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 as per that rule. 3}.4865 '201515-23 .

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SECTIONS