[Act No. 18 of 2022] [06th October,
2022] An Act to provide for the constitution
of an autonomous Kerala Public Enterprises (Selection and Recruitment) Board to
prepare select list of candidates for appointment in various posts in Public
Sector Undertakings under the administrative control of Industries and Commerce
Department of Government of Kerala other than the posts for which the
appointment are to be made through the Kerala Public Service Commission and to
address matters connected therewith or incidental thereto and to prepare select
list of candidates for appointment in various posts in Public Sector
Undertakings under the administrative control of Departments other than the
Industries and Commerce Department of Government of Kerala, other than the
posts for which appointment are to be made through the Kerala Public Service
Commission, on request from the departments concerned. Whereas, it is expedient to constitute
an autonomous Kerala Public Enterprises (Selection and Recruitment) Board to
prepare select list of candidates for appointment in various posts in Public
Sector Undertakings under the administrative control of Industries and Commerce
Department of Government of Kerala other than the posts for which the
appointment are to be made through the Kerala Public Service Commission and to
address matters connected therewith or incidental thereto and to prepare select
list of candidates for appointment in various posts in Public Sector
Undertakings under the administrative control of Departments other than the
Industries and Commerce Department of Government of Kerala, other than the
posts for which appointment are to be made through the Kerala Public Service
Commission, on request from the departments concerned; Be it enacted in the Seventy-third Year
of the Republic of India as follows:-- (1)
This
Act may be called the Kerala Public Enterprises (Selection and Recruitment)
Board Act, 2022. (2)
It
shall be deemed to have come into force on the 3rd day of June, 2022. In this Act, unless the context
otherwise requires,-- (a)
"Board"
means the Kerala Public Enterprises (Selection and Recruitment) Board
constituted as per section 3 of the Act; (b)
"Board
Fund" means the Board Fund maintained under section 10 of the Act; (c)
"Chairperson"
means Chairperson of the Board; (d)
"Gazette"
means Kerala Gazette; (e)
"Government"
means the Government of Kerala; (f)
"member"
means a member of the Board and includes the Chairperson; (g)
"notification"
means a notification published in the Kerala Gazette; (h)
"other
public enterprises" means a company or any corporate body or any statutory
body which is not under the administrative control of the Industries and
Commerce Department in which the Government have majority stake; (i)
"prescribed"
means prescribed by rules under this Act; (j)
"public
enterprises" means a company or any corporate body or any statutory body
under the administrative control of the Industries and Commerce Department in
which the Government have majority stake; (k)
"Secretary"
means a Secretary of the Board. (1)
The
Government shall, as soon as may be, after the commencement of this Act, by
notification in the Gazette, constitute a Board to be known as the 'Kerala
Public Enterprises (Selection and Recruitment) Board' to exercise the powers
conferred on it and to perform the functions under this Act. (2)
The
Board shall be an independent and autonomous body corporate in the name
aforesaid, having perpetual succession and common seal and shall in the said
name, sue and be sued. (3)
The
Board shall consist, of a Chairperson and four members appointed by the
Government. Among the members, one shall be a woman and one shall be a person
belonging to Scheduled Caste or Scheduled Tribe. (4)
The
Chairperson of the Board shall be a person who is or has been holding a post
not below the rank of Principal Secretary to Government and have experience as
Board Member of Public Sector Undertakings or a person having not less than
five years' experience as Managing Director in Class A Public Sector
Undertaking under the Government of India or Government of Kerala. (5)
The
other members of the Board shall be persons having experience in any area of,-- (i)
General
Management in Technical or Marketing or Human Resources; (ii)
Finance
or Accounts or Cost Accounts; (iii)
Law;
and (iv)
Administration. (6)
There
shall not be more than two members from a particular area specified in
sub-section (5) in the Board at a time. (7)
The
Government may appoint a person as Secretary to the Board on deputation or on
selection basis, as may be prescribed, who is or has been holding the post of
or equivalent to that of Special Secretary to Government or equivalent to that
of Managing Director, with minimum of three years' experience, in a Public
Sector Undertaking under category A classification at any point of time. The
Kerala Service Rules shall be applicable to appointment made on deputation
basis. The Secretary who is appointed on selection basis may continue in office
till the completion of a period of four years from the date on which he assumes
office, or till he attains the age of sixty two years, whichever occurs
earlier. He shall exercise such powers and discharge such functions under this
Act and as authorised by the Board. The Secretary shall be eligible for salary
and allowances as may be prescribed. (8)
The
Headquarters of the Board shall be at Thiruvananthapuram. Any person shall be disqualified to be
a member of the Board, if he,-- (i)
is
of unsound mind; or (ii)
is
an undischarged insolvent; or (iii)
is
an office-bearer or an employee of a Local Self Government Institution or a
Public Sector Undertaking; or (iv)
is
a Member of the Parliament or of the Legislature of any State or of a Local
Self Government Institution; or (v)
has
been convicted by a criminal court for any offence including moral turpitude or
charge of corruption; or (vi)
has
been removed from holding any office in pursuance of a court order. (1)
The
Chairperson and other members may continue in office till the completion of a
period of four years from the date on which they assume office, or till they
attain sixty five years of age, whichever occurs earlier. (2)
The
Chairperson or member of the Board may, at any time, resign his office by
giving a notice in writing to the Government under his hand. (3)
A
vacancy occurred under sub-section (2) or otherwise shall be filled by fresh
appointment. (4)
The
term of office of a member appointed to fill a temporary vacancy shall be only
for the period during which that member in whose vacancy he was appointed,
would have held office. (5)
The
Government may, by order, remove the Chairperson or any member from office, if
that person,-- (i)
becomes
an undischarged insolvent; or (ii)
has
been convicted and sentenced to imprisonment for an offence which, in the
opinion of the Government, involves moral turpitude, corruption or criminal
offences; or (iii)
becomes
unsound mind and stands so declared by a competent court; or (iv)
refuses
to discharge of duties as a member; or (v)
does
not attend three consecutive meetings of the Board without permission of the
Board; or (vi)
has,
in the opinion of the Government, so abused his official position as to render
his continuance in that post detrimental to the interest of the Board or public
interest: Provided that no person shall be
removed under this sub-section unless he has been given a reasonable
opportunity of being heard. (6)
A
person once appointed as Chairperson or member is not eligible for
re-appointment. (7)
The
Chairperson and members shall be full time officers and shall be eligible to
such salary and allowances as may be prescribed. (1)
The
Government may, by order, create such number of various categories of posts for
the effective management of the Board and prescribe their qualification, method
of appointment, pay and allowances and other terms and conditions of service. (2)
Appointment
of officers and employees may be made by the Government through deputation from
Government Departments or through direct recruitments by the Board after the
Board is constituted and terms of appointment are finalised by the Government. No act or proceeding of the Board shall
become invalid merely on the ground of the existence of any vacancy or defect
in the constitution of the Board. (1)
The
Board shall meet whenever necessary, at such place and time, as the Chairperson
may deem fit. (2)
The
meetings of the Board shall be convened by the Secretary of the Board on the
recommendation of the Chairperson. (3)
The
meetings of the Board shall be presided over by the Chairperson and in his
absence by a member chosen by the members present from among themselves. (4)
The
quorum for a meeting shall be three including the Chairperson. (5)
Any
matter coming up before a meeting of the Board shall be decided by a majority
of the members present and voting at the meeting and in the case of equality of
votes, the Chairperson or the member who is presiding over the meeting, shall
have a casting vote. (6)
The
Secretary shall keep the minutes of the proceedings of each meeting in a
register maintained for the purpose, which shall be signed by the Chairperson
or the person presiding and all the members present at such meeting. (1)
The
Board shall have the following functions and powers, namely:-- (i)
Notwithstanding
anything contained in any other existing Acts or rules or regulations or orders
or judgments or decree in respect of selection of candidates to the posts in
public enterprises, the Board shall prepare select list for appointment of
candidates to various posts other than appointment made through the Kerala
Public Service Commission, in accordance with the provisions of this Act and by
adhering to the norms of reservation prescribed in the Kerala State and
Subordinate Service Rules, 1958, as amended from time to time, treating each
such enterprise as one unit; (ii)
Notwithstanding
anything contained in any other existing Acts or rules or regulations or orders
or judgments or decree in respect of selection of candidates to the posts in
other public enterprises, the Board shall prepare select list for appointment
of candidates to various posts other than appointment made through the Kerala
Public Service Commission, on request and entrusted to the Board, by way of a
notification, by the departments concerned, as per the provisions of this Act
and by adhering to the norms of reservation prescribed in the Kerala State and
Subordinate Service Rules, 1958, as amended from time to time, treating each such
enterprise as one unit; (iii)
Notwithstanding
anything contained in any other existing Acts or rules or regulations or orders
or judgments or decree with respect to the selection of the post of Managing
Directors or Head of the Public Sector Undertakings under the administrative
control of Industries and Commerce Department, the Board shall recommend
suitable candidates to the Government for appointment as per the provisions of
this Act and the Government shall appoint the Managing Directors or Head of the
Public Sector Undertakings after obtaining clearance from Vigilance Department
and approval of the Council of Ministers; (iv)
As
a part of the selection process, the Board shall invite applications, verify
the credentials, conduct written examinations or online examinations, as the
Board deems fit, including the preparation of question papers, supervision of
examinations, answer sheet valuation and also conduct group discussion and
interview of candidates, as the case may be, and notify select list for
appointment by the public enterprises and other public enterprises within a
short time frame; (v)
The
Board shall be responsible for the proper conduct of the examinations to
maintain secrecy in the preparation of question paper, valuation, preparation
of list of candidates to be interviewed and preparation of final select list
and for the safe custody of records; (vi)
The
Board may avoid written examination or online examination, if the number of
candidates applied for the post is below fifty, and in such cases selection may
be made on the basis of interview or group discussion or both as the case may
be, as per the decision of the Board; (vii)
The
Board shall ensure that an applicant who applies for more than one post in a
public enterprise or posts in more than one public enterprise shall not be
denied the right to appear in more than one examination; (viii)
The
Board shall strictly adhere to the reservation norms adopted by the Kerala
Public Service Commission. (2)
The
Board shall maintain safe custody of the records pertaining to the examinations
and each activity in the selection process in electronic mode also after fixing
a retention period. (3)
The
Board after conducting written or online examinations, as the case may be, fix
a cut off level mark for the written or online examination for pursuance of
further steps in the selection process. (4)
The
Board shall, immediately after the selection process is complete, notify the
list of selected candidates for facilitating issue of appointment orders by the
public enterprises and other public enterprises. (5)
The
Board shall frame the procedures for invitation of applications giving wide
coverage for conducting written or online examination as the case may be, for
preparation of list of candidates for further selection process, for conducting
the interview and for notification of the list of selected candidates for
appointment by the public enterprises and other public enterprises which had
requested for recruitment of candidates. (6)
The
Board may issue general guidelines to the public enterprises under the
Industries and Commerce Department incidental to the functions of the Board
including those necessary for identifying vacant posts for selection by the
Board. The information sought for may include information on Government
approval for the vacant posts, pay scales, reports of manpower related studies
carried out by the public enterprise, job descriptions, job specifications, age
limit, whether the post is regular in nature or it is for a specific project
only, whether the post is operative or not. (7)
The
Board may also seek information relating to approved special rules or
recruitment rules for posts that are mandatorily referred to the Board, details
of agreements with employees regarding internal promotions, resolution of the
Board of Directors of the public enterprise and other public enterprise
referring the matter to the Board so on and so forth. (1) The Board shall
maintain a fund called 'Board Fund' to which shall be credited grants and loans
received from the Government public enterprises and other public enterprises
and from any other source, application fee, all fee and money received from the
public enterprises and other public enterprises towards services rendered by
the Board, deposits, remittances, funds and other miscellaneous receipts
received in connection with the affairs of Board: Provided that separate accounts shall
be maintained for specific purposes. (2)
All
money in the Board received from Government shall be kept in the Treasury
accounts as per the standing instructions. However, own funds may be kept in
banks or invested in such manner as the Board may decide with the approval of
the Government. (3)
The
custody of the Board fund, the payment of money therein, the withdrawal of
money therefrom and all other ancillary matters shall be regulated by the
orders issued by the Board with the approval of the Government. (4)
The
Board fund shall be used towards meeting the expenses of the Board including
expenses incurred in the exercise of its powers and discharge of its functions
under this Act. The Board shall prepare in each
financial year a budget containing anticipated income and expenditure for the
next financial year and shall submit to the Government within two months from
the commencement of each financial year, such number of copies of the budget so
prepared, as may be required by the Government. (1)
The
Board shall maintain proper accounts and other relevant records and prepare
annual statement of accounts in such form, as may be prescribed, in
consultation with the Accountant General. (2)
The
accounts of the Board shall be audited annually by the Accountant General and
expenditure incurred in respect of such concurrent audit, internal audit and
statutory audit, shall be payable by the Board. (3)
The
Accountant General and any person appointed by him in connection with the audit
of accounts of the Board under this Act shall have the same rights and
privileges as the Accountant General generally has in connection with the audit
of Government accounts and, shall have the right to demand the production of
books, accounts, connected vouchers and other documents and papers and to
inspect any office of the Board. The accounts duly approved by the Board shall
be referred to the Accountant General for audit within three months after
completion of each financial year. (4)
The
accounts of the Board, as certified by the Accountant General or any other
person appointed by him in this behalf, together with the audit report thereon
shall be forwarded annually to the Government by the Board and the Government
shall cause the report to be laid before the Legislative Assembly within a
period of six months from the date of completion of each financial year. The Board shall, for each financial
year, prepare annual report containing complete information of its activities
in the previous financial year in such form and time, as may be prescribed, and
shall also forward a copy of it directly to the Government within three months
after completion of each financial year and the Government shall cause the
report to be laid before the Legislative Assembly within a period of six months
from the date of completion of each financial year. The Chairperson, members and employees
of the Board shall be deemed to be public servants within the meaning of
section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860). No suit, or prosecution or other legal
proceeding shall lie against the Board, the Chairperson or any member or
Secretary or any other officer or employee of the Board acting under the
direction of the Board in respect of anything which is done or purported to be
done in good faith under this Act. (1) If any difficulty
arises in giving effect to the provisions of this Act, the Government may, by
order published in the Gazette, make provisions not inconsistent with the
provisions of this Act which appear to it to be necessary or expedient, for
removing the difficulty: Provided that no such order shall be
made after the expiry of a period of two years from the date of commencement of
this Act. (2) Every order made
under this section shall, as soon as may be after it is made, be laid before
the Legislative Assembly. The Board may with prior approval of
the Government issue necessary regulations for the proper conduct of
examination and other activities in the selection process. (1)
The
Government may, by notification in the Gazette, make rules either prospectively
or retrospectively, for carrying out the purposes of this Act. (2)
In
particular and without prejudice to the generality of the foregoing powers,
such rules may provide for all or any of the following matters, namely:-- (i)
the
procedure for the proper conduct of examination and selection process; (ii)
name
and nature of various posts for which the recruitment are made; (iii)
salaries
and allowances payable to the Chairperson and members and salaries and
allowances payable to officers and other employees and other terms and
conditions of their service as per procedures laid down by the Government; (iv)
the
manner of appointment of Secretary and his salary and allowances; (v)
the
form in which the annual statement of accounts shall be prepared; (vi)
form
in which, and the time at which the annual report shall be prepared; (vii)
any
other matter which is to be prescribed. (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. Notwithstanding the cessation of
operation of the Kerala Public Enterprises Selection and Recruitment Board
Ordinance, 2022 (14 of 2022) (hereinafter referred to as the said Ordinance) on
the 8th day of August, 2022,-- (a)
anything
done or any action taken under the said Ordinance shall be deemed to have been
done or taken under this Act; (b)
anything
done or any action taken after the cessation of operation of the said Ordinance
and before the date of publication of this Act in the Gazette, which could have
been done or taken under the said Ordinance, had it not been ceased to operate,
shall be deemed to have been done or taken under this Act.KERALA PUBLIC ENTERPRISES (SELECTION AND
RECRUITMENT) BOARD ACT, 2022
PREAMBLE