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Additional Functions

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 Governmentowned 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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