Bare Act
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14. Chairperson, Members and Employees of the Board to be public servants.
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).
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15. Protection of action taken in good faith.
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.
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16. Power to remove difficulties.
(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 (1) If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order published in the Gazette, make such 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.
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17. Power to make regulations
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.
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18. Power to make rules
(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.
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19. Validation
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.
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