The Kerala Public Service Commission (Additional Functions as respects the Lok Ayukta) Act 2014

ACT 27 OF 2014
THE KERALA PUBLIC SERVICE COMMISSION (ADDITIONAL FUNCTIONS
AS RESPECTS THE LOK AYUKTA) ACT, 2014*
An Act to provide for the exercise of certain additional functions by the Kerala Public
Service Commission  as respects  the services of  the Lok Ayukta.
Preamble.—WHEREAS, it  is  expedient  to  provide  for  the  exercise  of  certain
additional functions by the Kerala Public Service Commission as respects the services
under the Kerala Lok Ayukta;
BE it enacted in the Sixty-fifth 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 Lok Ayukta) Act, 2014.
(2)  It shall come into force at once.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Lok Ayukta” means the Lok Ayukta appointed under section 3 of the
Kerala Lok Ayukta Act,1999 (8 of 1999) and includes the Upa-Lok Ayukta appointed
under the said section;
(b) “Public  Service  Commission”  means  the  Kerala  Public  Service
Commission.
3. Functions of the Public Service Commission in respect of  services under the
Lok Ayukta.—(1) Notwithstanding anything contained in the Kerala Lok Ayukta Act,
1999 (8 of  1999)  or  the  rules  made  thereunder  in respect of the appointment and
conditions of service of officers and employees of the Lok Ayukta, it shall be the duty
of the Public Service Commission to prepare select list, for  appointment  by direct
recruitment,  of officers  and employees of the Lok Ayukta.
(2) The Lok Ayukta shall consult the Public Service Commission,—
(a) on matters relating to direct recruitment to the services and posts under
the Lok Ayukta;
(b) on the principles to be followed in making appointments by direct
recruitment of officers and employees of the Lok Ayukta and on the suitability of
candidates for such appointments,
* Received the assent of the Governor on the  20th day of July 2014 and published in the Kerala Gazette 
Extraordinary No. 1860 on 20th day of July 2014 .
and it shall  be the duty of the Public  Service Commission  to advise on any matter so
referred:
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
circumstance, it shall not be necessary to consult the Public Service Commission.
(3)  If  there  is  any  difference  of  opinion  between  the  Public  Service
Commission  and  the  Lok  Ayukta  on  a  matter  under  sub-section  (2),  the Lok
Ayukta shall refer the matter to the Government and the decision of the Government
thereon shall be final:
Provided that before taking a decision by the Government against the advice of
the Public Service Commission,  the matter shall be referred to the Public Service
Commission.
4. Power to  make  rules. —(1) The  Government  may,  in  consuItaion with the
Public Service Commission and the Lok Ayukta, by notification in the Gazette, 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 fo11owed by the Lok Ayukta for consultation with
.the Public Service Commission; and
(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.

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