Kerala · 2015 · Act 18
The Kerala Public service Commission (Additional functions as respects the services under the universities) act, 2015
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GOVERNMENT OF KERALA
Law (Legislation-G) Department
NOTIFICATION
No.24904/Leg.G2/2015/ Law. 21st Decebmer, 2015
Dated, Thiruvananthapuram, 5th Dhanu, 1191
30th Agrahayana 1937.
In pursuance of clause (3) of Article 348 of the Constitution of India, the
Governor 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
Universities) Act, 2015 (18 of 2015).
% By order of the Governor,
D. Sasu,
Special Secretary (Law).
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he [Translation in English of “2015-02 c&og ame améqia
ADDU (MEQ HENWIAABIOS AIVIENSS MdaqsltV}208 MWosnMaJ
£}5JOC aA CI&)GHeg” published under the authority of the
‘Governor. ]
ACT No. 18 OF 2015
THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL
FUNCTIONS AS RESPECTS THE SERVICES UNDER
THE UNIVERSITIES) ACT, 2015
AN
ACT
to provide for the exercise of certain additional functions by the
Kerala Public Service Commission as respects the services under
the Universities; |
Preamble.—WueREAs, it is expedient to provide for the exercise of
certain additional! functions by the Kerala Public Service Commission as
respects the services under the Universities;
BE it enacted in the Sixty-sixth 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
Services under the Universities) Act, 2015.
(2) It shall be deemed to have come into force on the 29th day
of September, 2015. |
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “University” means,—
. (i) the Kerala Agricultural University established under section
3 of the Kerala Agricultural University Act, 1971 (33 of 1971);or
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(ii) the University of Kerala established under section~* of
the Kerala University Act, 1974 (17 of 1974) ; or
(iii) the University of Calicut established under section 3 of the
Calicut University Act, 1975 (5 of 1975); or
(iv) the Mahatma Gandhi University established under section
3 of the Mahatma Gandhi University Act, 1985 (12 of 1985); or
(v) the Cochin University of Science and Technology
established under section 4 of the Cochin University of Science and
Technology Act, 1986 (31 of 1986) ; or
(vi) the Sree Sankaracharya University of Sanskrit established
under section 3 of the Sree Sankaracharya University of Sanskrit Act,
1994 (5 of 1994) ; or
(vii) the Kannur University established under section 3 of the
Kannur University Act, 1996 (22 of 1996); or
(viii) the National University of Advanced Legal Studies
established under section 3 of the National University of Advanced Legal
— Studies Act, 2005 (27 of 2005) ; or
(ix) the Kerala Veterinary and Animal Sciences University
established under section 3 of the Kerala Veterinary and Animal Sciences
University Act, 2010 (3 of 2011); or
(x) the Kerala University of Health Sciences established under
section 3 of the Kerala University of Health Sciences Act, 2010
(4 of 2011); or
(xi) the Kerala University of Fisheries and Ocean Studies
established under section 3 of the Kerala University of Fisheries and
Ocean Studies Act, 2010 (5 of 2011) ; or
(xii) the Thunchath Ezhuthachan Malayala University -
established under section 3 of the Thunchath Ezhuthachan Malayala
University Act, 2013 (24 of 2013); or
| (xiii) the A. P. J. Abdul Kalam Technological University
established under section 3 of the A. P. J. Abdul Kalam Technological
University Act, 2015 (17 of 2015);
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@ = (b) “Publi | |
. (0) ‘ublic Service Commission” means the Kerala Public
Service Commission;
(c) “non- -teaching post” means the non-teaching post as per the
University statutes concerned.
3. Functions of the Public Service Commission.—(1) Notwithstanding
anything contained in the University Acts specified in clause (a) of section
2 and the statutes, ordinances, regulations and rules made thereunder, it
shall be the duty of the Public Service Commission to prepare select list,
for appointment by direct recruitment, of employees to the non-teaching
post of a University.
(2) A University shall consult the Public Service Commission,—
(a) on all matters relating to the method of recruitment of the
non-teaching staff of the University; and
(b) on the principles to be followed in making appointments by
direct recruitment to the non-teaching posts in the University and the
suitability of candidates for such appointments.
(3) Where the Public’ Service Commission is consulted on a matter
under sub-section (2), the Commission shall advise the University on that
matter. «
- (4) In the case of any difference of opinion between the Public
Service Commission and the University on a matter under sub-section (2),
‘the University shall refer the matter to the Government and the decision
of the Government thereon shall be final:
Provided that the Government shall, before taking a decision against
the advise of the Public Service Commission, refer the matter to the
Public Service Commission.
4. Power to make rules.— (1) The Government may, in consultation
with the Public Service Commission and the University, by notification in
the Gazette, make rules for carrying out the a PUIpOEES of this Act.
33/4810/2015/S-15.
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: , » aner’ i S Van (2) In particular and without prejudice to the generality of 4
foregoing power, such rules may provide for,-—
(a) the procedure to be followed by the University 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;
(c) any matter in which it shall not be necessary to consult
the Public Service Commission.
(3) Every rule made under this Act shall be laid, as soon as may
be atter 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.
3. Repeal and saving.—(1) The Kerala Public Service Commission
(Additional Functions as respects the Universities) Ordinance, 2015 (14 of
.2015) is hereby repealed.
(2) Notwithstanding such repeal, anything or things done or any —
action or actions taken under the said Ordinance shall be deemed to have
been done or taken under this Act.