The Kerala Public Service Commission (Additional Functions as Respects the Services under the Waqf Board) Act, 2021

Short title and commencement—

1. (1) This Act may be called the Kerala Public Service Commission (Additional Functions as respects the services under the Waqf Board) Act, 2021.
2. (2) It shall be deemed to have come into force on the 18th day of January, 2021.

Definitions.— In this Act, unless the context otherwise requires,—

1. (a) “Government” means the Government of Kerala;
2. (b) “Public Service Commission” means the Kerala Public Service Commission;
3. (c) “services” means the services under the Waqf Board;
4. (d) “Waqf Board” means the Kerala State Waqf Board established under sub-section

1. (1) of section 13 of the Waqf Act, 1995 (Central Act 43 of 1995).

Functions of the Public Service Commission in respect of Administrative Services under the Waqf Board.—

1. (1) It shall be the duty of the Public Service Commission to prepare select list of candidates belonging to Muslim Religion for appointment by direct recruitment, of all officers and employees in the Administrative Services under the Waqf Board.
2. (2) The Waqf Board shall consult the Public Service Commission,—
   • (a) on matters relating to direct recruitment to the posts under the Administrative Services under the Waqf Board;
   • (b) on the principles to be followed in making appointments by direct recruitment to the posts under the Administrative Services of the Waqf Board and on the suitability of candidates for such appointments; and it shall be the duty of the Public Service Commission to advice on any matter so referred to them: 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 circumstances, it shall not be necessary for the Public Service Commission to be consulted;
3. (3) In the case of any difference of opinion between the Public Service Commission and the Waqf Board on any matter, the Waqf Board shall refer the matter to the Government and the decision of the Government thereon shall be final:

Power to make rules Power to make rules.—

1. (1) The Government may, in consultation with the Public Service Commission and the Waqf Board by notification in the Gazette, make rules for carrying out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for,—
   • (a) the procedure to be followed by the Waqf Board for consultation with the Public Service Commission;
   • (b) any matter which is incidental to, or necessary for, the purpose of consultation with the Public Service Commission;
3. (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.

Repeal and saving.—

1. (1) The Kerala Public Service Commission (Additional Functions as respects the services under the Waqf Board) Ordinance, 2021 (118 of 2021) is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or deemed to have been done or any action taken or deemed to have been taken under the said Ordinance shall be deemed to have been done or taken under this Act.