The KERALA AUTOMOBILES LIMITED (VALIDATION OF APPOINTMENT OF PERSONNEL) ACT, 2004

THE KERALA AUTOMOBILES LIMITED (V ALIDATION OF APPOINTMENT OF
PERSONNEL) ACT, 2004
(Act 3 of 2004)
CONTENTS
Preamble.
Sections:
1. Short title and commencement
2. V alidation
3. Repeal and Saving.
[Translation  in  English  of  the  “  2004 –    ലെ കേരള ഓ കേോലെ
ോലെലെൽസ് ി
ിറ്റഡ്
(   ജീവനക്കോരുലെ നിയ
നം സ ോധൂരിക്കൽ)   ആക്റ്റ് "  published  under  the  authority  of  the
Governor] 
ACT 3 OF 2004
THE KERALA AUTOMOBILES LIMITED (V ALIDATION OF APPOINTMENT OF
PERSONNEL) ACT, 2004 *
An Act to validate the appointment of personnel made in the Kerala Automobiles Limited in
the vacancies which arose during the period from the 1st day of July, 1978 to 28th
day of March, 1984.
Preamble.—WHEREAS the Kerala Automobiles Limited (KAL) has been registered as
a company with Certificate of Incorporation No. 2966/1978 under the Companies Act, 1956
and is fully owned by the Government of Kerala;
AND WHEREAS the Governor may from time to time issue such directives in regard
to the conduct of the business and affairs of the company in pursuance of Article 122 of the
Articles of Association of the Company;
AND WHEREAS the Government had issued guidelines in letter No. 20094/G3/78/ID
dated the 1st July, 1978 and letter No.15439/G3/79/ID dated the 5th July, 1979 regarding the
general  principles  to be followed by the  said  company  in  the  matter  of recruitment  of
personnel and in letter No. 37981/G3/83/ID dated the 7th September, 1983 had directed the
company to ensure the principle of communal rotation in the recruitment of personnel;
AND WHEREAS the High Court in its Judgment in O.P. No. 9107/1983 had quashed
the  notification  inviting  application  for  recruitment  of  personnel  published  by  the  said
company on the basis of the letter dated the 7th September, 1983, and made it clear that if
the Government was interested in superseding or modifying the guidelines issued in 1978
and 1979, thereby taking away or curtailing the rights of certain ex-employees who had a
preference to recruitment in the said company, it would be open to the Government to do so
in accordance with law;
AND  WHEREAS the Government had issued revised guidelines in G.O. (Ms.) No.
89/84/ID dated the 28th March, 1984 protecting the appointments made during the period
from the 7th September, 1983 to 24th January, 1984 and specified that future appointments
in the company shall be made after observing communal rotation and reservation as is
available under the State Service;
AND WHEREAS it is expedient to validate the appointments of personnel made in the
Kerala Automobiles Limited in the vacancies which arose during the period from 1st July,
1978 to 28th March, 1984;
BE it enacted in the Fifty-fifth year of the Republic of India as follows:—
1. Short title and commencement.—(1) This Act may be called the Kerala Automobiles
Limited (V alidation of Appointment of Personnel) Act, 2004.
(2) It shall be deemed to have come into force on the 15th day of September, 2003.
*Received the assent of the Governor on the 25 th day of February, 2004 and published in the Kerala Gazette
Extraordinary No.512 dated 26th February, 2004.
2.  Validation.—Notwithstanding anything contained in the guidelines issued by the
Government to the Kerala Automobiles Limited in letter No. 20094/G3/78/ID dated the 1st
July, 1978 and letter No. 15439/G3/79/ID dated the 5th July, 1979 under Article 122 of the
Articles of Association of the company or in any other Government directive or in any
judgment,  decree  or  order of  any  court,  all  acts  done  in  the  matter  of appointment  of
personnel made in the Kerala Automobiles Limited in the vacancies which arose during the
period from the 1st day of July, 1978 to the 28th day of March, 1984 shall be deemed to have
been validly done and the validity of such acts in the matter of appointment of personnel
made in the vacancies arose during the said period shall not be called in question in any
court of law on the ground that they have not been done in pursuance of the guidelines
issued by the Government in this behalf.
3.  Repeal  and  Saving .—(1)  The  Kerala  Automobiles  Limited  (V alidation  of
Appointment of Personnel) Ordinance, 2003 (5 of 2003) 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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