The Kerala Public Service Commission (Additional Functions as Respects Certain Societics)Act,1996

55 
THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL 
FUNCTIONS AS RESPECT.3 CERTAIN SOCIETIES) ACT, 1996 
(Act 5 of 1996) 
CONTENTS 
Preamble 
SecttotlS: 
I . Short title and Conunencement 
2. Definitions 
3. Functions of Public Service Conumssion in respect 
of Services under Societies 
4. Power to make rules 
:>. Repeal and Savmg. 
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ACT 5 OF -1996* 
THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL 
1 FBNCTIONS AS RESPECTS CERTAIN SOCIETIES) ACT, 1996 
An Act to provtde for the exerczse of c~:rtazn addztzonal fu1zctzons by tlze Kerala Publzc 
Servzce CommzsszoTJ as respects the servzces under certazn soczetzes. 
Prcarnble.-WHEREAS it is expedient to provide for the <'Xcrcise of 
certam additional functions by the Kerala Public Service Commission as 
respects- the services Wlder certain societies; 
' BE it enacted in the Forty-seventh year of the Republic of India as 
follows:- , 
J. Slzort tztlt and Commencement -( 1} This Act may be called the 
Ker<ll:! Public Service Commission (Additonal Functions as respects certain 
Societies) Act, 1996. 
(2) It shall be deemed to have come into force on the 27th day of 
October, 1995. 
2. Defimtwns.-In this Act, unless the context otherwise requires,-
( a) '·comrntttee'' means the governing body of a society, by whatever 
name called, to which by the constitution, bye-laws or rules of the society the 
manag,ement of its affa1rs is entrusted; 
(b) "society" means a co-operative society mentioned m the Schedule 
to the Kerala Co-operative Societies Act, 1969 (21 of 1969) or any other 
society registf'red or deemed to be regxstered under the Travancore-Cochin 
Literary, Scientific and Charitable Societies Registartion Act, 1955 
{XII Of I 955) or under the Societies Registration Act, 1860 (Central Act 
XXI of 1860) as may be declared by the Government as a Society for the 
purposes of this Act, 
(c} "Public Se1·vice Commission" means the Kerala Public Service 
Commission. 
3. Functions of 'publzc Service Commisszon m respect of servzces under soczetus.­
( l) It shall be the duty of the Pubhc Service Comm1ssion to prcpm e select 
list for appointment, by direct recruitment, of officers and servants of the 
services under-a society. 
(2) · The committee of every society shall consult the Public Se1 vxce 
Commi~sion-
(a) as respect's the matters 1clating to di1ect recruitment to the 
.. services and posts under that society; 
(b} on the principles to be followed in making appointments by 
direct recruitment, to the services and posts under that society 
and on the ~uitability of candidates for such .lppointmcnts; 
and it shall be the duty of the Public Service Commission to advise on any 
matter so referred to them; 
- *Received the assent of the Gover;.or on the 26th day of March 1996 
and pui:Hished in the Kerala Gazette Extraordinary No.475 dated 27th March 
1996.' 
34j5203/97JMC. 
58 
Provided that the Government may make rules specifying the matters 
in which, either generally, or in any particular class of cases or in any particular 
circumstan~es, it shall not be necessary for the Public Service Commission to be 
consulted. 
(3) Nothing in sub-section (2) shall require a committee of a co­
operative society to consult the Public Service CommissiOn in respect of any 
matters specified in sub-sections (1), (2) or (3) of section 80 of the Kerala 
Co-operative Societies Act, 1969 (21 of 1969). 
( 4) In the case of any difference of opinion between the Public 
Service Commission and a committee on any matter, the committee shall 
refer the matter to the Government and the decision of the Government thereon 
shall be final : 
Prov1ded that the 
advice of the Public 
Commission. 
Government, before taking a decision against the 
Service Commission, shall refer the matter to the 
4. Power to make rules.-(1) The Government may, in consultation 
with the Public Service Commission and the committees of the societies, 
make rules for carrying out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the 
forcgomg 1)ower, such rules may provide for-
(a) 
(bl 
the p1 ocedure to be followed by a committee for consultatiOn 
wtth the Public Service Commission; 
any matter which is incidental to, or necessary for, the 
purpose of comultation with the Public Service Commission· 
l3) Eve1 y 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 ~ession for a 
total period of fourteen days which may be comprised in one session or in two 
successive sessmns and if, before the expiry of the session in which it is so laid, 
or the sess1on immediately following, the Legislative Assembly makes any 
modification m the rnlc or decides that the rule should not be made, the rule 
shall, thereafter, have effect only m 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 vahd1ty of anything previously done under that 1 ule. 
5. Repeal and savin.s;.-( 1) The Kerala Public Service Commission 
(Additional Functions as Respects Certain Societies) Ordinance, 1995 
(15 of 1995), is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action taken 
under the said Ordinance, shall be deemed to have been done or taken under 
this Act. 
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