Regulations under Article 320 (3) of the Constitution In exercise of the powers conferred by the proviso to Article 320(3) of the Constitution of India, the Governor of Kerala hereby makes the following Regulations.

Read full Act

S.2

In these Regulations unless the context otherwise requires:-

(a) "Constitution" means the Constitution of India;

(b) "Commission" means the Kerala Public Service Commission;

(c) "Member" means a member of the Commission and includes the Chairman thereof.
  

S.3

It shall not be necessary for the Commission to be consulted on any of the following matters.--

(i) the creation and organisation of services and posts and their designation;

(ii) the classification of services and posts;

(iii) the determination of the number of vacancies to be filled in a service in any particular year;

(iv) the determination of the strength of the cadres of different services;

(v) questions whether recruitment of candidates for particular posts should be made in India or from abroad;

(vi) the determination of the salary of Government servants on their first appointment and of officiating incumbents of posts;

(vii)the determination of the initial salary of officers recruited by promotion;

(viii) transfers of Government servants to foreign service.
  

S.4

It shall not be necessary for the Commission to be consulted.--

(a) as respects any of the matters mentioned in sub-clauses (a) to (e) of clause (3) of Article 320 of the Constitution in the case of officers of the Armed Forces of the Union holding posts in connection with the affairs of the State;

¹[(aa) in regard to the absorption of Ex-Service Personnel, who were disabled during the Chinese aggression of 1962 or the Pakistani aggression of 1965 or 1971, in any service or post under the Government;]

²[(aaa) in regard to the absorption of persons appointed on a temporary basis from the lists obtained from the Public Service Commission in pursuance of sub-para (a) of para 3 of G O (Rt) No. 260/73/PD dt. 13/01/1973 in service or post under the Government;]

³[(aaaa) in regard to the absorption of persons recruited as trainees/ apprentices by the Public Service Commission under "Half a Million Jobs Programmes 1973-1974" in an

S.5

(1) It shall not be necessary to consult the Commission regarding the appointment of a person temporarily for a total period not exceeding ⁸[one hundred and eighty days] in the case of each individual to a post borne on the cadre of a service to which appointment has to be made after consulting the Commission-

 (i) where it is necessary in the public interest owing to an emergency which has arisen to fill immediately a vacancy in the post and there would be undue delay in making the appointment after such consultation; or

 (ii) where it is necessary to fill a short vacancy in the post and the appointment of the person who is entitled to appointment under the rules applicable to the service would involve excessive expenditure on travelling allowance or exceptional administrative inconvenience.

(2) In addition to the concurrence to be obtained under clause (i) for the continuance of the temporary appointment of a person beyond the first ⁸

S.6

(1) It shall not be necessary for the Commission to be consulted on any disciplinary matter affecting a person serving in connection with the affairs of the State, except-

(a) Where the Government propose to pass an original order imposing any of the following punishments namely:-

 ¹¹[(i)(a) withholding of increment with cumulative effect;]

 ¹¹[(i)(b)] reduction to a lower rank in the seniority list or to a lower post or time-scale, or to a lower stage in a time-scale;

 (ii) recovery from pay of the whole or part of any pecuniary loss caused to the Government or to the Central Government or to a local authority by negligence or breach of orders;

 (iii) compulsory retirement;

 Explanation.-- The retirement under the Service Regulations for the time being in force of an officer on the completion of the age of superannuation or otherwise in accordance with the provisions of the Service Regul

S.7

It shall not be necessary for the Commission to be consulted on any memorial or petition relating to any disciplinary matter affecting a person serving in connection with the affairs of the State where the Government propose to pass orders rejecting such memorial or petition.
  

S.8

It shall not be necessary for the Commission to be consulted in any case referred to in sub-clause (d) of clause (3) of Article 320 of the Constitution, if the Government or any subordinate authority competent to sanction payment of the costs of defence proposes to admit the claim in full.

Explanation.--Nothing contained in this Regulation shall be deemed to preclude a reference to the Commission being made in any case in which the Government feel a doubt as to the admissibility of a claim in whole or in part.
  

S.¹⁵[9

Nothing in these Regulations shall be construed as requiring consultation with the Public Service Commission on any disciplinary matter affecting a member of the Kerala State Higher Judicial Service or the Kerala State Judicial Service or the Kerala Subordinate Magisterial Service, or the State Legislature Secretariat Services.]
  

S.1 State Services

¹[1. All posts in the Governor's Secretariat and Governor's Household].

2. Administrator General and Official Trustee.

3. Law Officers (including Advocate General and Government Pleaders).

4. Law Reporters.

5. Chairman and Members of Industrial Tribunals.

6. Commissioners for Departmental Enquiries.

7. Heads of Departments.

8. Members of All India Services employed in the State.

²[9. Gazetted Officers in the Personal Staff of Ministers/Leader of Opposition/Government Chief Whip.]

10. Gazetted Posts in the Secretariat Cipher Bureau.

11. Gazetted Posts in State-owned Commercial Concerns.

³[12. National Savings Officers, National Savings Scheme].

⁴[13. Gazetted posts in the office of the Resident Representative, New Delhi.]

⁵[14. Appointment in the vacancies to the posts of Assistant Engineer, Assistant Surgeon and Sales Tax Officer from