Under
Article 321 of the Constitution of India an Act made by
the Legislature of the State may provide for the exercise
of additional functions by the Commission as respects the
services of the State and also as respects the services
of any local authority or other body corporate constituted
by law or of any public institution.
The
Kerala Public Service Commission (Additional functions)
Act, 1963 (Act 16 of 1964) was made on the 29th day of April
1964 empowering the Commission to exercise additional functions
in regard to the services under the Kerala State Electricity
Board. Section 4 of the said Act also empowers the Government
to make rules laying down the procedure to be followed by
the Board in consulting the Commission and specifying the
matters in which it shall not be necessary for the Public
Service Commission to be consulted. The Kerala Public Service
Commission (Additional functions) (consultation) Rules,
1966 have accordingly been made by the Government.
The
Kerala Public Service Commission (Additional Functions as
Respects the Kerala State Road Transport Corporation) Act,
1970 (Act 3 of 1970) came into force on 9th February,1970
empowering the Commission to exercise additional functions
in regard to the services under the Kerala State Road Transport
Corporation. The Rules under the Act viz. Kerala Public
Service Commission (consultation by the Kerala State Road
Transport Corporation) Rules, 1969 were issued on 1st January,1970.
The
Kerala Public Service Commission (Additional functions as
Respects Certain Corporations and Companies) Act, 1970 came
in to force on 29th November,1970. This Act empowers the
Commission to exercise additional functions in respect of
certain Government—owned Companies and Corporations.
The Rules under the Act, Viz. Kerala Public Service Commission
(consultation by Corporations and Companies) Rules, 1971
were issued by the Government on 11th May,1971. The Kerala
Public Service Commission have to exercise functions in
regard to the recruitment to the Corporations and Companies
enlisted therein.
Unlike
the Kerala Public Service Commission (Additional Functions)
Act, 1963 relating to the services under the Kerala State
Electricity Board, the other two pieces of legislation viz.
the Kerala Public Service Commission (Additional Functions
as respects the K.S.R.T.C.) Act, 1970 (Appendix-6) and the
Kerala Public Service Commission (Additional Functions as
respects certain Corporations and Companies) Act, 1970 are
only permissive in nature. In the case of recruitment to
the Kerala State Electricity Board it is mandatory for the
K.S.E. Board to consult the Commission in respect of matters
specified in the Act subject to exclusion made by means
of rules framed by the Government. On the other hand the
lists of posts under the K.S.R.T.C. and other Government
owned companies and Corporations, recruitment which are
to be made in consultation with the Public Service Commission,
are to be drawn up by the said public sector undertakings.
But once the posts have been left within the purview of
the Public Service Commission it is not open to the Companies/Corporations
to withdraw the posts, from the purview of the Commission
without their concurrence. In order to ensure uniformity
in the nature of posts recruitment which should be left
within the Public Service Commission, the Government have
issued the following guidelines to the Government-owned
Companies and Corporations: -
“All
employees of the individual Corporations and Companies excluding
“Worker” as defined in the Factories Act and
excluding persons employed in supervisory or managerial
capacity whose basic starting salary (excluding Dearness
Allowances, incentive bonus, annual bonus etc.) exceed Rs.700/-
are to be recruited by the Public Service Commission”.
The
Kerala Public Service Commission (Additional functions as
Respects the Services under local Authority) Act 1973 empowering
the Commission to exercise additional function in regard
to the services under certain local Authorities came into
force on 1st April1973. The Rules under the Act viz. the
Kerala Public Service Commission (Additional functions as
respect the services under Local Authorities) Rules, 1975
were issued on 23rd October,1975.
The
Kerala Public Service Commission (Additional Functions as
respects certain Societies) Act has come into force as per
Act 5 of 1996 empowering the Commission to exercise additional
functions in regard to the recruitment of employees in 15
Apex Co-operative Societies and all District Co-operative
Banks. The rules under the Act viz; the Kerala Public Service
Commission (Consultation by Committee of Co-operative Societies)
Rules, 1998 were issued on 10th March,1998.
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