The Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959
Chapter III ADDITIONAL FUNCTIONS
Chapter III ADDITIONAL FUNCTIONS
16. Conduct of Service Examinations
(1) Such examinations which persons serving in connection with the affairs of the State are required to pass under the conditions of recruitment or service applicable to them and which may be notified by Government under this section, and such other examinations as may be notified by Government from time to time shall, with effect from such date as the Government may appoint, be conducted by the Commission in accordance with such rules as may be prescribed. (2) Where persons in the services of any local authority or other body corporate constituted by law, are required to pass under the conditions of recruitment or service applicable to them any of the service examinations notified by the Government under sub-section (1), the Government may, in consultation with the Commission by general order declare that the said persons shall be eligible to appear for the said service examinations and thereupon the said persons may appear for the said service examinations, subject to such conditions as may be prescribed. Explanation.—For purposes of this sub-section, the expression ‘local authority’ shall have the meaning assigned to it in sub-section (3) of section 17.
Chapter III ADDITIONAL FUNCTIONS
17. Functions in respect of services of local authorities
(1) Notwithstanding anything contained in any law relating to the appointment and conditions of service of employees of local authorities,- (a) the Commission shall be the authority competent to conduct examinations for appointments to the services of local authorities and it shall be the duty of the Commission to conduct such examinations; (b) the Commission shall be consulted,- (i) on all matters relating to methods of recruitment to services and posts under a local authority; (ii) on the principles to be followed in making appointments to services and posts under a local authority and in making promotions from one service to another and on the suitability of candidates for such appointments or promotions; (iii) on all disciplinary matters affecting a person serving under a local authority including memorials and petitions relating to such matters; (iv) on any claim by or in respect of a person who is serving or has served under a local authority that any cost incurred by him in defending legal proceedings instituted against him in respect of acts done or purporting to be done in the execution of his duty should be paid out of the funds of the local authority concerned; (v) on any claim for the award of a pension in respect of injuries sustained by a person while serving under a local authority and any question as to the amount of such award; and it shall be the duty of the Commission to advise on any matter so referred to them and on any other matter relating to employees of local authorities which the Government may refer to them: Provided that the Government may make orders specifying the matters in which either generally or in any particular class of cases or in any particular circumstances, it shall not be necessary for the Commission to be consulted. (2) In the case of any difference of opinion between the Commission and a local authority on any matter, the local authority concerned shall refer the matter to the Government and the decision of the Government thereon shall be final. (3) For purposes of this section, ‘local authority’ means a municipal council, municipal committee, municipal corporation, town committee, notified area committee, town board, sanitary board, taluk board, village panchayat or other authority by whatever name called, constituted under any law for the time being in force for the purpose of local self-government or village administration and includes the Board constituted under the City of Mysore Improvement Act, 1903 (Mysore Act III of 1903), and the City of Bangalore Improvement Act, 1945 (Mysore Act V of 1945).
Chapter III ADDITIONAL FUNCTIONS
17A. Commission to furnish returns, etc., to Government
The Commission shall furnish such returns, records and information as may be required by the Government.
Chapter III ADDITIONAL FUNCTIONS
18. Rules
(1) The Government may, in consultation with the Commission by notification in the Official Gazette make rules for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may be made for the following matters namely:— (i) the procedure to be followed by the Commission in advertising posts, inviting applications, scrutinising the same, conducting examinations and selecting candidates to carry out the purposes of section 17; (ii) the procedure to be followed by the local authority or any other competent authority for consultation with the Commission; (iii) any matter which is incidental to, or necessary for, the purpose of consultation with the Commission; (iv) any matter for which rules have to be made under this Act. (3) All rules made under this Act shall be laid as soon as they are made before each House of the State Legislature while it is in session, for a total period of thirty days which may be comprised in one session or in two or more sessions and if before the expiry of that period, either House of the State Legislature makes any modification in any rule or directs that any rule shall not have effect, and if the modification or direction is agreed to by the other House, the said 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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