ACT NO 19 OF 2008

THE KERALA PUBLIC SERVICE COMMISSION  (ADDITIONAL FUNCTIONS  AS RESPECTS  THE ADMINISTRATIVE SERVICES UNDER DEVASWOM BOARDS) ACT, 2008

  AN

ACT

to provide for the exercise of certain additional  functions  by the Kerala Public  Service Commission as respects the Administrative Services under certain Devaswom Boards. 

 Preamble.-WHEREAS it is expedient to provide for the exercise of certain additional  functions  by the Kerala Public Service Commission as respects the  appointments of officers and servants in the Administrative   Services under certain Devaswom Boards in the State of Kerala and their conditions of service;

   BE it enacted in the Fifty-ninth Year of the Republic of India as follows :-

            1. Short title and commencement.- (1) This Act may be called the Kerala Public Service Commission  (Additional Functions as Respects  the Administrative Services under Devaswom Boards)    Act, 2008.

                 (2) It shall come into force on such date as the Government may, by notification in the Gazette, appoint.

           

            2. Definitions.- In this  Act, unless  the context otherwise requires,-

            (a) "Devaswom Board" means the Travancore Devaswom Board referred to in clause  (a) of section 2 of the Travancore-Cochin Hindu Religious Institutions Act, 1950 (XV of 1950)  or   the Cochin Devaswom Board referred to in clause  (1) of section 61 of the said Act;

            (b) "Pubic Service Commission" means the Kerala Public Service Commission.    

           3. Functions of the Public Service Commission in respect of administrative services under Devaswom Boards.- (1) Notwithstanding anything contained in the Travancore-Cochin  Hindu Religious  Institutions Act, 1950 (XV of 1950), or in the rules made thereunder regarding  the recruitment and conditions of service of officers and employees of the Devaswom Board, it shall be the duty of the Public Service Commission  to prepare   select list  of candidates  belonging to Hindu Religion for appointment by direct recruitment, of all officers and employees in  the Administrative  Services  of the Devaswom Boards.

     (2) The Devaswom Board  shall consult the Public Service Commission,-

            (a) as respects  matters relating to  direct recruitment to the posts under the  Administrative Services of the  Devaswom Board;

            (b) on the principles to be followed  in making appointments by direct recruitment to the posts under the  administrative  services   under the Devaswom Board  and on the suitability of candidates  for such appointments; and it shall be the duty of the Public Service Commission to advice 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 case or  class of cases or in any particular circumstances,  it shall not be necessary for the Public Service Commission to be consulted.

           

            (3) In the case of any difference of opinion between Public Service Commission and the Devaswom Board on any matter, the   Devaswom Board shall refer the matter to the Government and the  decision of the Government thereon shall be final:

            Provided that the Government, before  taking a decision against the advice of the Public Service commission,  shall refer  the matter to the Public Service Commission.

            4. Power to make rules.- The Government may, in consultation with the Public Service Commission and the Devaswom Boards  make  rules for carrying out the purposes of this Act.

            (2) In particular, and without prejudice to the generality of the forgoing power, such rules may provide for,-

           (a) the procedure to be followed by the Devaswom Board for consultation with the Public Service Commission.

            (b) any  matter which is incidental to, or necessary for, the purpose of consultation with the Public Service Commission.

            (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.