KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1974

32 of 1974

October 7, 1974

An Act to provide for the eviction of unauthorised occupants from public premises and for certain incidental matters. Whereas, it is expedient to provide for the eviction of unauthorised occupants from public premises and for matters connected therewith or incidental thereto; Be it enacted by the Kamataka State Legislature in the Twenty-fifth Year of the Republic of India as follows.

Section 1 Short title, extent and commencement

(1) This Act may be called the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1674.

(2) It extends to the whole of the State of Karnataka.

(3) It shall be deemed to have come into force on the 18th January, 1962 except Section 12 and Section 19 which shall come into force at once.

Section 2 Definitions

In this Act, unless the context otherwise requires.

(a) "Competent officer" means an officer appointed as such by the State Government under Section 3;

(b) "Corporate authority" means any company or corporation referred to in sub-clauses (ii) and (iii) of clause (e) of this section;

(c) "Premises" means any land or any building or hut or part of a building or hut and includes.

(i) the garden, grounds and outhouses if any, appurtaining to such building or hut or part of a building or hut, and

(ii) any fittings affixed to such building or hut or part of a building or hut for the more beneficial enjoyment thereof;

(d) "Prescribed" means prescribed by rules made under this Act;

(e) "Public premises" means any premises belonging to or allotted to State Government or taken on lease or requisitioned by or on behalf of the State Government and includes any premises belonging to or taken on lease by or on behalf of.

(i) a local authority;

(ii) any company as defined in S.3 of the Companies Act, 1955 (Central Act 1 of 1956), in which not less than fifty-one per cent of the paid up share capital is held by the State Government; 11. Inserted by Act No. 14 of 2000, w.e.f. 27-4-2000 [or any company which is subsidiary (within the meaning of the said Act) of the first mentioned company.]

(iii) any Corporation (not being a company as defined in S.3 of the Companies Act, 1956) established by or under 22. Inserted by Act No. 1 of 1977, w.e.f. 21-2-1977 [a Central Act or] a State Act and owned or controlled by the State Government; and

(iv) a muzrai institution or religious or charitable institution under the management of the State Government;

33. Sub-clauses (v) and (vi) inserted by Act No. 28 of 1981 and shall be deemed to have come into force w.e.f. 30-9-1980 [44. Sub-clause (v) substituted by Act No. 22 of 1999, w.e.f. 4-8-1999 [(v) a Wakf, registered with the Karnataka State Board of Wakfs;]

(vi) the State Government and the Government of Andhra Pradesh jointly, and under the management or administrative control of the Tungabhadra Board constituted by the Government of India under sub-section (4) of S.66 of the Andhra State Act, 1953 (Central Act 30 of 1953).]

55. Sub-clause (vii) inserted by Act No. 4 of 1993 and shall be deemed to have come into force w.e.f. 8-10-1992 [(vii) a University established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976) or the University of Agricultural Sciences Act, 1963 (Karnataka Act 22 of 1963).]

Explanation.For the purposes of this clause 'local authority' means.

(a) a municipal corporation;

(b) a town or city municipal council;

11. Substituted for the word and figure "Class F by Act No. 49 of 1986, w.e.f. 30-12-1986 [(bb) a market committee established under the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966).]

22. Inserted by Act No. 4 of 1993 and shall be deemed to have come into force w.e.f. 8-10-1992 [(c) an Improvement Board established under the Karnataka Improvement Boards Act, 1976 (Karnataka Act 11 of 1976);

33. The word "and" omitted by Act No. 28 of 1981 and shall be deemed to have come into force w.e.f. 30-9-1980 [(d) a Zilla Panchayat or Taluk Panchayat or Grama Panchayat established under the Karnataka Panchayat Raj Act, 1993 (Karnataka Act 14 of 1993);]

(e) the Bangalore Development Authority constituted under the Bangalore Development Authority Act, 1976 (Karnataka Act 12 of 1976);

(f) an Urban Development Authority constituted under the Karnataka Urban Development Authorities Act, 1987 (Karnataka Act 34 of 1987);]

(f) "Rent" in relation to any public premises means the consideration payable periodically for the authorised occupation of the premises and includes,

(i) any charge for electricity, water or any other services in connection with the occupation of the premises,

(ii) any tax (by whatever name called) payable in respect of the premises, where such charge or tax is payable by the State Government, local authority or the corporate authority;

(g) "Unauthorised occupation" in relation to any public premises, means the occupation by any person of the public premises, without authority for such occupation, and includes the continuance in occupation by any person of the public premises after the authority (whether by way of grant or any other mode of transfer) under which he was allowed to occupy the premises has expired or has been determined for any reason whatsoever.

Section 3 Appointment of competent officers

The State Government may, by notification.

(a) appoint,

(i) in respect of its premises such officers, not below the rank of a 11. Substituted for the word and figure "Class F by Act No. 49 of 1986, w.e.f. 30-12-1986 [Group B] officer of the State Civil Services;

(ii) in respect of any premises of a local authority such officers of the local authority 22. Inserted by Act No. 4 of 1993 and shall be deemed to have come into force w.e.f. 8-10-1992 [or such officer not below the rank of Group B officer of the State Civil Services]; 33. The word "and" omitted by Act No. 28 of 1981 and shall be deemed to have come into force w.e.f. 30-9-1980 [x x x]

(iii) in respect of any premises of a corporate authority, such officers of the corporate authority, as it thinks fit to be competent officers for the purpose of this Act 44. Inserted by Act No. 28 of 1981 and shall be deemed to have come into force w.e.f. 30-9-1980 [; and]

55. Sub-clause (iv) inserted by Act No. 28 of 1981 and shall be deemed to have come into force w.e.f. 30-9-1980 [(iv) in respect of any other premises, an officer of the State Civil Services or of any other authority.]

(b) define the local limits within which or the categories of public premises in respect of which the competent officers shall exercise the powers conferred and perform the duties imposed, on competent officers by or under this Act.

Section 4 Issue of notice to show cause against order of eviction

(1) If the competent officer is of opinion that any persons are in unauthorised occupation of any public premises and that they should be evicted, the competent officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.

(2) The notice shall.

(a) specify the grounds on which the order of eviction is proposed to be made; and

(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of or claim interest in the public premises to show cause, if any, against the proposed order on or before such date as is specified in the notice, being a date not earlier than ten days from the date of issue thereof.

(3) The competent officer shall cause the notice to be served by having it affixed on the outer door or some other conspicuous part of the public premises, and in such other manner as may be prescribed whereupon the notice shall be deemed to have been duly given to all persons concerned.

(4) Where the competent officer shows or has reason to believe that any persons are in occupation of the public premises then, without prejudice to the provisions of sub-section (3) he shall cause a copy of the notice to be served on every such person by registered post or by delivering or tendering it to that person or failing service by the means aforesaid in such other manner as may be prescribed.

Section 5 Eviction of unauthorised occupants

(1) If, after considering the cause, if any, shown by any person in pursuance of a notice under Section 4 and any evidence he may produce in support of the same and after giving him a reasonable opportunity of being heard, the competent officer is satisfied that the public premises are in unauthorised occupation, the competent officer may on a date to be fixed for the purpose, make an order of eviction, for reasons to be recorded therein, directing that the public premises shall be vacated by all persons who may be in occupation thereof or any part thereof, and cause a copy of the order to be affixed on the outer door or some other conspicuous part of the public premises.

(2) If any person refuses or fails to comply with the order of eviction within forty-five days from the date of affixture of the order under sub-section (1), the competent officer or any other officer duly authorised by the competent officer in this behalf may evict that person from, and take possession of, the public premises and may, for that purpose, use such force as may be necessary.

Section 6 Disposal of property left on public premises by unauthorised occupants

(1) Where any persons have been evicted from any public premises under Section 5, the competent officer may, after giving fourteen days' notice to the persons from whom possession of the public premises has been taken and after publishing the notice in at least one newspaper having circulation in the locality and after proclaiming the contents of the notice in the locality by the beat of drum, remove or cause to be removed or displayed of by public auction any property remaining on such premises.

(2) Where any property is sold under sub-section (1) the sale proceeds shall, after deducting the expenses of the sale and the amount, if any, due to the State Government or a local authority or a corporate authority on account of arrears of rent, damages or costs, be paid to such person or persons, as may appear to the competent officer to be entitled to the same: Provided that where the competent officer is unable to decide as to the person or persons to whom the balance of the amount is payable or as to the apportionment of the same, he may refer such dispute to the Civil Court of competent jurisdiction and the decision of the Court thereon shall be final.

Section 7 Power to recover rent or damages in respect of public premises as arrears of land revenue

(1) Where any person is in arrears of rent payable to the State Government or a local authority or a corporate authority in respect of any public premises, the competent officer may, by order, require that person to pay the same within such time and in such instalments as may be specified in the order.

(2) Where any person is, or has at any time been, in unauthorised occupation of any public premises, the competent officer may, having regard to such principles of assessment of damages as may be prescribed, assess the damages on account of the use and occupation of such premises and may, by order, require that person to pay the damages within such time and in such instalments as may be specified in the order.

(3) No order under sub-section (1) or sub-section (2) shall be made against any person until after the issue of a notice in writing to the person calling upon him to show cause within such time as may be specified in the notice why such order should not be made, and until his objections, if any, and any evidence he may produce in support of the same, have been considered by the competent officer.

Section 8 Rent to be recovered by deduction from salary or wages of employee

Without prejudice to the provisions of Section 7, where any person to whom public premises have been allotted is an employee of the State Government, or a local authority or a corporate authority and is in arrears of rent payable in respect of such public premises allotted to him, the amount of rent due in respect of such premises shall on a requisition in writing in that behalf by the competent officer be liable to be deducted from the salary or wages payable to such person. On receipt of such requisition, the head of the Government Department or officer under whom such person is employed or the officer of a local authority or a corporate authority disbursing the salary of such person, as the case may be, shall deduct from the salary or wages payable to such person the amount specified in the requisition, and pay the amount so deducted to the competent officer in satisfaction of the amount due by him.

Section 9 Powers of competent officers.

A competent officer shall, for the purpose of holding any inquiry under this Act, have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), when trying a suit, in respect of the following matters, namely.

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of documents;

(c) any other matter which may be prescribed.

Section 10 Appeals

(1) An appeal shall lie from every order of the competent officer made in respect of any public premises under Section 5 or Section 7 to an appellate officer who shall be the District Judge, having jurisdiction over the area.

(2) An appeal under sub-section (1) shall be preferred,

(i) in the case of an appeal from an order under Section 5 within thirty days from the date of affixture of the order under sub-section (1) of that section; and

(ii) in the case of an appeal from an order under Section 7 within thirty days from the date on which the order is communicated to the appellant:

Provided that the appellate officer may entertain the appeal after the expiry of the said period of thirty days, if he is satisfied that the appellant was prevented be, sufficient cause from filing the appeal in time.

(3) Where an appeal is preferred from an order of the competent officer, the appellate officer may stay the enforcement of that order for such period and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the appellate officer as expeditiously as possible.

(5) The cost of any appeal under this section shall be in the discretion of the appellate officer.

Section 11 Finality of orders.

Save as otherwise expressly provided in this Act, every order made by a competent officer or appellate officer under this Act shall be final and shall not be called in question in any original suit, application or execution proceedings and no injunction shall be granted by any Court or other authority in respect of any action taken or to be taken in pursuance of any power conferred by or under this Act.

Section 12 Offences and penalty

(1) If any person who has been evicted from any public premises under this Act again occupies the premises without authority for such occupation, he shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to one thousand rupees or with both.

(2) Any magistrate convicting a person under sub-section (1) may make an order for evicting that person summarily and he shall be liable to such eviction without prejudice to any other action that may be taken against him under this Act.

Section 13 Power to obtain information.

If the prescribed officer has reason to believe that any person or persons are in unauthorised occupation of any public premises, he or any other officer authorised by him in this behalf may require those persons or any other person to furnish information relating to the names and other particulars of the persons in occupation of the public premises and every person so required shall be bound to furnish the information in his possession.

Section 14 Liability of heirs and legal representatives.

(1) Where any person against whom any proceeding for the determination of arrears of rent or for the assessment of damages is to be or has been taken dies before the proceeding is taken or during the pendency thereof, the proceeding may be taken or, as the case may be, continued against the heirs or legal representatives of that person.

(2) Any amount due to the State Government or the local authority or the corporate authority from any person whether by way of arrears of rent or damages or costs shall, after the death of the person, be payable by his heirs of legal representatives but their liability shall be limited to the extent of the assets of the deceased in their hands.

Section 15 Recovery of rent, etc., as an arrear of land revenue.

If any person refuses or fails to pay the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or the cost awarded to the State Government or the local authority or the corporate authority under sub-section (5) of Section 10 or any portion of such rent, damages or costs within the time, if any, specified therefor in the order relating thereto, the competent officer may issue a certificate for the amount due to the Deputy Commissioner who shall proceed to recover the same as an arrear of land revenue.

Section 16 Bar of jurisdiction

No Court shall have jurisdiction to entertain any suit or proceeding in respect of the eviction of any person who is in unauthorised occupation of any public premises or the recovery of the arrears of rent payable under sub-section (1) of Section 7 or the damages payable under sub-section (2) of that section or the costs awarded to the State Government or the Local Authority or the corporate authority under sub-section (5) of Section 10 or any portion of such rent, damages or costs.

Section 17 Protection of action taken in good faith.

No suit, prosecution or other legal proceeding shall be against the State Government or the local authority or the corporate authority or the appellate officer or the competent officer in respect of anything which is in good faith done or intended to be done in pursuance of this Act or of any rules or orders made thereunder.

Section 18 Power to make rules.

(1) The State Government may, by notification 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 provide for all or any of the following matters, namely.

(a) the form of any notice required or authorised to be given under this Act and the manner in which it may be served;

(b) the holding of inquiries under this Act;

(c) the procedure to be followed in taking possession of public premises;

(d) the manner in which and the principles according to which damages for unauthorised occupation may be assessed;

(e) the manner in which appeals may be preferred and the procedure to be followed in appeals;

(f) any other matter which has to be or may be prescribed.

(3) Every rule made under this section shall be laid, as soon as may be after it is 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 successive sessions and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule, or both Houses agree 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.

Section 19 Repeal and savings.

The Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1961 (Karnataka Act 3 of 1962), is hereby repealed:

Provided that the provisions of S.6 of the MYSORE GENERAL CLAUSES ACT, 1899 (Karnataka Act III of 1899), shall be applicable in respect of the repeal of the said enactment and S.8 of the MYSORE GENERAL CLAUSES ACT, 1899 and S.24 of the MYSORE GENERAL CLAUSES ACT, 1899 of the said Act shall be applicable as if the said enactment had been repealed and re-enacted by this Act.

RULE:

KARNATAKA PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) RULES, 1980

In exercise of the powers conferred by Section 18 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 (Karnataka Act 32 of 1974), the Government of Karnataka hereby makes the following rules, namely:-

Rule 1 Title and commencement

(1) These rules may be called the Karnataka Public Premises (Eviction of Unauthorised Occupants) Rules, 1980.

(2) They shall come into force at once.

Rule 2 Definitions

(1) In these rules unless the context otherwise requires.-

(i) "Act" means the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974;

(ii) "Form" means a form appended to these rules;

(2) Words and expressions used but not defined in these rules shall have the same meaning, if any, assigned to them in the Act.

Rule 3 Form of notices and orders

(1) A notice under sub-section (1) of S.4 OF THE Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in Form A and the order shall be in Form B.

(2) A notice under sub-section (1) of S.6 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in Form C.

(3) An order under sub-section (1) of S.7 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in Form D.

(4) A notice under sub-section (2) of S.7 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in Form E.

(5) An order under sub-section (2) of S.7 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in Form F.

Rule 4 Manner of service of notices and orders

(1) Where the person on whom a notice under sub-section (1) of S.4 OF THE Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974, or sub-section (1) of S.6 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 is to be served, cannot be found, a copy of such notice shall, in addition to any other manner of service specified in the Act, be affixed in a conspicuous part of the last known place of business of such person or be delivered to some adult member of his family.

(2) The competent officer may also proclaim the contents of any notice in the locality by beat of drum.

Rule 5 Holding of inquiries

(1) Where any person on whom a notice or order under this Act has been served, desires to be heard through his representative, he should authorise such representative in writing.

(2) The competent officer shall record the summary of the evidence and any relevant documents filed before him shall form part of the records of the proceedings.

Rule 6 Manner of taking possession of public premises

(1) If any obstruction is offered, or is in the opinion of the competent officer likely to be offered in taking possession of any public premises under the Act, the competent officer or any other officer duly authorised by him in this behalf may obtain necessary police assistance.

(2) Where any public premises of which possession is to be taken under the Act is found locked, the competent officer or any other officer duly authorised by him in this behalf may either seal the premises or in the presence of three witnesses break open the locks or open or cause to be opened any door, gate or other barrier and enter the premises: Provided that.-

(1) no entry shall be made into, or possession taken of a public premises before sunrise or after sunset;

(2) where any public premises is forced open immediately an inventory of the articles found in the premises shall be taken in the presence of two witnesses;

(3) where any property remains on the premises taken possession of under sub-rules (1) and (2) of Rule 6, it shall be held in the custody of the competent officer or any other officer duly authorised by him in this behalf and be disposed of after giving due publication as may be felt necessary by him.

Rule 7 Assessment of damages

In assessing damages for unauthorised use and occupation of any public premises, the competent officer shall take into consideration the following matters, namely.-

(a) the purpose and the period for which the public premises were in unauthorised occupation;

(b) the nature, size, and standards of the accommodation available in such premises;

(c) the rent that would have been realised if the premises had been let on rent for the period of unauthorised occupation to a private person;

(d) the material damage done to the premises during the period of unauthorised occupation as ascertained from the Public Works Department;

(e) any other matter relevant for the purpose of assessing the damages.

Rule 8 Procedure in appeals

(1) An appeal preferred under S.10 of the Karnataka Public Premises (Eviction of Unauthorised Occupants) Act, 1974 shall be in writing, shall set forth concisely the grounds of objection to the order appealed against, and shall be accompanied by a copy of such order.

(2) On receipt of the appeal and after calling for and perusing the records of the proceedings before the competent officer, the appellate officer shall appoint a time and place for the hearing of the appeal and shall give notice thereof to the competent officer against whose orders the appeal is preferred and to the appellant.

Rule 9 The prescribed officer under Section 13

The competent officer for the purpose of the Act, shall be as follows, namely.-

(1) The Assistant Executive Engineer, Public Works Department, in respect of public premises belonging to the State Government.

(2) The Chief Officer of Town Municipality in respect of public premises belonging to the municipality.

(3) The Municipal Commissioner in respect of public premises belonging to the City Municipal Council.

(4) The Commissioner in respect of public premises belonging to the City Corporation.

(5) The Tahsildar in charge of the concerned Muzrai or religious or charitable institution in respect of public premises belonging to such institutions under the management of the State Government.

APPENDIX 1 FORM A

FORM F

Form of order under sub-section (2) of

Section 7 of the Karnataka Public Premises (Eviction of Unauthorized Occupants)

Act, 1974.

To

Shri/Shrimati/Kumari

Whereas, I, the undersigned, am satisfied that you are/were in

unauthorized occupation of the public premises mentioned in the Schedule below.

And whereas, by a written notice dated...................you were

called upon to show cause on or before the.................why an order

requiring you to pay damages of Rs.....................for unauthorized use and

occupation of the said premises should not be made.

And whereas, I have considered your objections and/or the evidence

produced by you.

And whereas,

you have made not any objections or produced any evidence before the said date.

Now, therefore, in exercise of the powers conferred on me by

sub-section (2) of Section 7 of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974, I hereby

order you to pay the sum of Rs. ...................assessed by me on account of

your unauthorized occupation of the said premises

within......................months in equal installments of Rs. In the event of

your refusal or failure to pay the damages or any installment thereof within

the said period or in the manner aforesaid the amount will be recovered as an

arrear of land revenue.

SCHEDULE

Signature and Seal of the Competent Authority.

Strike off

portion not required.

APPENDIX 1 FORM B

APPENDIX 1 FORM C

APPENDIX 1 FORM D

KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF BUSINESS AND ADDITIONAL FUNCTIONS) ACT, 1959

20 of 1959

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 20 of 1959 Karnataka Gazette, Extraordinary, dated 30-10-1959 Article 320 of the Constitution of India, specifies the functions of the Public Service Commission and Article 321 empowers the State Legislature by an enactment to provide for exercise of additional functions by the Public Service Commission as respects the services of the State nad also as respects the services of any local authority or other body corporate constituted by law or of any public institution. In order to ensure that proper persons are appointed to the services of local authorities it is considered necessary to entrust the Public Service Commission with the same functions as it exercises as respects the services of the State. It is also considered necessary to entrust the Commission with the function of conducting the departmental examinations which Government servants are required to pass either to secure confirmation or promotion. The procedure to be followed by the Commission in the performance of its functions has also to be regulated by an enactment. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 25 of 1966 Karnataka Gazette, Extraordinary, dated 11-7-1966 According to Section 11 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959, the communications from the Commission have to be signed by the Secretary. In view of the increase of work of the Commission it is considered necessary to empower the Assistant Secretary also to sign communications. It is also considered necessary to have a specific provision for obtaining returns, records and information from the Commission. Hence this Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 23 of 1973 Karnataka Gazette, Extraordinary, dated 30-8-1973 Under Section 9 of the Act the quorum for a meeting of Public Service Commission is two. This was fixed when there were only three members in the Commission. The number of members has since been raised to seven. In view of this quorum requires to be re-fixed at four. Under Section 16 of the Act, the Public Service Commission is required to hold service examinations only for Government servants. Some of the local authorities and statutory bodies have prescribed the same examinations as those prescribed for Government servants for their employees and they have requested that their employees may also be made eligible to appear for the service examinations conducted by the Public Service Commission. It is, therefore, proposed to amend Section 16. Hence the Bill.

STATEMENT OF OBJECTS AND REASONS KARNATAKA ACT No. 21 of 1978 Karnataka Gazette, Extraordinary, dated 14-7-1978 The name of the State was changed from Mysore to Karnataka with effect from 1-11-1973. By the Karnataka Adaptation of Laws Order, 1973, the word "Mysore" occurring in various enactments, rules and notifications, then in force was substituted wherever necessary by the word "Karnataka". In the Acts specified in Schedule I introduced in the Legislature earlier to 1st November, 1973 but published thereafter the word "Mysore" continue to exist. Therefore it is proposed to make the necessary consequential amendments to the said Acts also. Hence this Bill.

An Act to prescribe to procedure to be followed by the Karnataka Public Service Commission for the performance of its functions and to provide for the exercise of certain additional functions by the Commission. Whereas, it is expedient to prescribe the procedure to be followed by the Karnataka Public Service Commission for the performance of its functions and to provide for the exercise of certain additional functions by the Commission; Be it enacted by the Karnataka State Legislature in the Tenth Year of the Republic of India as follows.

CHAPTER 1 Preliminary

Section 1 Short title and commencement

(1) This Act may be called the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959.

(2) Section 2 and Chapter II of this Act shall come into force at once; and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Section 2 Definitions

In this Act, unless the context otherwise requires

11. Clause (a) inserted by Act No. 25 of 1966, w.e.f. 1-9-1966 [(a) "Assistant Secretary" means the Assistant Secretary to the Commission, or in his absence such other person discharging the duties of the Assistant Secretary for the time being;]

22. Existing Clause (a) re-lettered as Clause (aa) by Act No. 25 of 1966, w.e.f. 1-9-1966 [(aa)] "Commission" means the Karnataka Public Service Commission;

(b) "Government" means the State Government;

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

(d) "Prescribed" means prescribed by rules made under this Act;

(e) "Secretary" means the Secretary to the Commission; or in his absence, such other person discharging the duties of the Secretary for the time being.

CHAPTER 2 Conduct of Business by the Commission

Section 3 Procedure for performance of functions of the Commission

The provisions of this Chapter shall be applicable for the performance of the functions of the Commission under the Constitution or under any law for the time being in force.

Section 4 Decision of questions

All questions arising for decision by the Commission shall be decided either at a meeting of the Members of the Commission or by circulation among the Members of the Commission:

Provided that if any Member desires that any question should be decided at a meeting, such question shall be considered and decided, at a meeting of the Commission:

Provided further that it shall not be necessary to circulate the papers relating to any question to a Member who is on leave other man casual leave.

Section 5 Agenda for meetings

The Secretary shall prepare the agenda and convene the meetings of the Commission after giving notice to all the Members.

Section 6 Decision by majority of votes

Every question at a meeting of the Commission shall be determined by a majority of the votes of the Members present and voting on the question; and in the case of an equal division of votes, the Chairman shall have a second or casting vote.

Section 7 Procedure during absence of Chairman

If the Chairman is unable to be present at a meeting of the Commission, the senior most Member present shall act on his behalf:

Provided mat the Chairman shall be informed of such decisions arrived at in such a meeting in respect of any case which he may specify; and if on being so informed he is of the opinion that any such decision should be reconsidered at a meeting of the Commission at which he is present, such decision shall be reconsidered accordingly, and until such reconsideration no action shall be taken on such decision.

Section 8 Vacancy, etc., not to invalidate proceedings

The proceedings of the Commission shall not be invalidated by any vacancy or by the absence of a Member.

Section 9 Quorum

The quorum for a meeting of the Commission shall be 11. Section 16 renumbered as sub-section(l) thereof by Act No. 23 of 1973, w.e.f. 16-11-1973 [four] but the Presiding Officer may adjourn any business at a meeting if he is of opinion that it cannot conveniently be transacted owing to the non-attendance of any Member.

Section 10 Recording of decisions

All decisions of the Commission shall be recorded by the Secretary in such manner as the Commission may direct. It shall be open to any Member who dissents from a decision, to record his dissent and if he thinks fit, also his reasons for such dissent.

Section 11 Communications to be signed by the Secretary or the Assistant Secretary

22. Sub-section (2) inserted by Act No. 23 of 1973, w.e.f. 16-11-1973 Whenever the Commission is required to be consulted by or to give advice or forward proposals to, or to be consulted by, any authority, the opinion or the decision of the Commission shall be communicated in a letter signed by the Secretary [or by the Assistant Secretary], and, in a case where the opinion or the decision is not unanimous, neither the fact of, nor the grounds for, dissent shall be communicated unless the Commission so directs.

Section 12 Deputation of Members

The Commission may depute one or more of its Members to be associated with any Committee or Board which may be set up to deal with problems relating to recruitment or promotion:

Provided that where consultation with the Commission is required on any point, the recommendations of the Committee or Board shall be forwarded to the Commission for advise.

Section 13 Interviews

When candidates for appointments have to be interviewed by the Commission, the interview may be conducted by two or more Members authorised by the Commission, and the results of such interview shall be placed before the Commission for decision.

Section 14 Action in urgent cases

The Chairman, or in his absence the next Senior Member, may deal with any urgent matter appearing to him to require immediate action. Such action shall be reported to the Commission as early as possible.

Section 15 Procedure in other cases

In matters for which no provision is made in this Chapter, Government may make rules in consultation with the Commission; and subject to the provisions of such rules, the Commission may regulate its proceedings in such manner as it thinks fit.

CHAPTER 3 Additional Functions

Section 16 Conduct of Service Examinations

11. Section 16 renumbered as sub-section(l) thereof by Act No. 23 of 1973, w.e.f. 16-11-1973 (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.

22. Sub-section (2) inserted by Act No. 23 of 1973, w.e.f. 16-11-1973 [(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.

Section 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 case 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 Karnataka Improvement Act, 1903 (Karnataka Act III of 1903), and the City of Bangalore Improvement Act, 1945 (Karnataka Act V of 1945).

Section 17A Commission to furnish returns, etc., to Government

11. Section 17-A inserted by Act No. 25 of 1966, w.e.f. 1-9-1966 The Commission shall furnish such returns, records and information as may be required by the Government.]

Section 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.

RULE:

KARNATAKA PUBLIC SERVICE COMMISSION (FUNCTIONS) RULES, 1973

In exercise of the powers conferred by Sections 15 and 18 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959), the Government of Karnataka after consultation with the Karnataka Public Service Commission hereby makes the following rules, namely

Rule 1 Title and commencement

(1) These rules may be called the Karnataka Public Service Commission (Functions) Rules, 1973.

(2) They shall come into force at once.

Rule 2 Definitions

In these rules, unless the context otherwise requires.-

(1) "Act" means the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959);

(2) "Appointing Authority" means the Government or the authority mentioned in Column 2 of Schedule II to the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;

(3) "Service" means a service or a category of posts in the Civil Service of the State and includes a civil post.

Rule 3 Rule of recruitment

When the Commission is consulted in regard to the making of rules of recruitment relating to any service the Commission shall advice on all matters relating to recruitment including the methods of recruitment minimum qualifications, syllabus for written examination if any, principles to be followed in recruitment and such other matters.

Rule 4 Direct recruitment by examination

(1) On receipt of requisition from an Appointing Authority for direct recruitment to any service by competitive examination, the Commission shall.-

(a) openly advertise by notification in the Karnataka Gazette and in such other manner as it deems fit, specifying therein the conditions of eligibility, the nature of competition, the syllabus for the competitive examination, the provisional number of vacancies to be filled, reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes and all other relevant particulars and invite applications, in such form and before such date and on payment of such fees as may be specified by the Commission, from intending candidates who possess the required qualification;

(b) scrutinise the applications received and issue admission certificates to such of those whose applications are in order and who fulfill the required conditions;

(c) subject to the provisions of the relevant rules of recruitment.-

(i) make all arrangements for the conduct of the written examination and interview or viva voce, if any, at such centre or centres as may be decided by the Commission; and

(ii) on the basis of marks obtained in the written examination and interview or viva voce, if any and taking into consideration the orders in force relating to reservation of posts for Scheduled Castes, Scheduled Tribes, and other Backward Classes, prepare in the order of merit a list of selected candidates.

11. Sub-rule (1-A) of Rule 4 inserted by GSR 297, dated 26-9-1978, w.e.f. 12-10-1978 (1A) The Commission shall publish on the notice board of the Commission.-

(a) immediately after the completion of valuation of a written examination, a list showing the total marks obtained by each candidate in the said examination and indicating the candidates who are eligible for interview; and

(b) on each day on which the interview or viva voce is held or on the day following but before the commencement of the interview or viva voce on that day, a list of marks obtained by each candidate in the said interview or viva voce:

Provided that where the interview or viva voce is held in any place other than Bangalore the said list shall be published in such other place.

(2) The Commission shall publish the list of selected candidates prepared under clause (c) of sub-rule (1) in the Karnataka Gazette, and also on the notice board of the office of the Commission and communicate the result to the candidates concerned if he applies for the same along with the cost of postage and forward a copy thereof to the Appointing Authority concerned along with the applications of the selected candidates.

(3) The Commission shall, on an application by a candidate 22. Substituted for the words "within thirty days from the date of publication of the results" by GSR 30, dated 22-1-1980, w.e.f. 31-6-1980 [33. Substituted for the words "within forty-five days from the date of publication of the results" by GSR 215, dated 8-8-1986, w.e.f, 21-8-1986 [within sixty days from the date of publication of the eligibility list under item (a) of sub-rule (1-A) on the Notice Board], or within forty-five days from the date of despatch of the marks list by the Commission whichever is later make necessary arrangements for retotalling of marks secured by any candidate and communicate the result thereof to the candidate within thirty days from the date of receipt of such application. Fee for the retotalling of marks for each paper shall be ten rupees or such other sum not exceeding ten rupees as may be fixed by the Commission. 44. Inserted by GSR 168, dated 19-4-1984, w.e.f. 5-7-1984 [For the re-totalling of marks the Secretary and Controller of Departmental Examinations, Kamataka Public Service Commission shall be paid a fee of one rupee for each answer book.

55. Sub-rules (4) and (5) substituted for sub-rule (4) by GSR 222, dated 23-5-1977, w.e.f. 21-7-1977 (4) The Commission shall furnish to every candidate a list of marks obtained by him in the written examination and interview or viva voce and for this purpose, collect a fee of rupees two from each candidate along with the application fee.

(5) The Commission shall, on an application by a candidate within one year from the date of publication of the results, furnish to him a list of marks obtained by any other candidate in the written examination and

Rule 5 Direct recruitment by selection

(1) On receipt of requisition from an Appointing Authority for direct recruitment to any service by selection the Commission shall.-

(a) openly advertise by notification in the Karnataka Gazette and in such other manner, as it deems fit specifying the condition of eligibility, the nature of competition, the provisional number of vacancies to be tilled, reservation in favour of Scheduled Castes, Scheduled Tribes and other Backward Classes and all other relevant particulars and invite applications, in such form and before such date and on payment of such fees, if any, as may be specified by the Commission in the advertisement, from intending candidates who possess the required qualifications;

11. Clause (b) substituted by GSR 222, dated 23-5-1977, w.e.f. 21-7-1977 [(b) scrutinise the applications received and make selections in accordance with Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973.]

22. Sub-rule (1-A) of Rule 6 inserted by GSR 297, dated 26-9-1978, w.e.f. 12-10-1978 [(1A) The Commission shall publish on the notice board of the Commissioner, on each day on which interview or viva voce is held or on the day following but before the commencement of the interview or viva voce on that day, a list of marks obtained by each candidate in the said interview or viva voce:

Provided that where the interview or viva voce is held in any place other than Bangalore the said list shall be published in such other place.

(2) The Commission shall publish the list of candidates selected under clause (b) of sub-rule (1) in the Karnataka Gazette and also on the notice board of the office of the Commission and communicate the result to the candidate concerned if he applies for the same along with the cost of postage and forward a copy thereof to the Appointing Authority concerned along with the applications of the selected candidates.

33. Sub-rules (3) and (4) substituted for sub-rule (3) by GSR 222, dated 23-5-1977, w.e.f. 21-7-1977. [(3) The Commission shall furnish to every candidate a list of marks obtained by him in the qualifying examination and interview or viva voce and for this purpose, collect a fee of rupees two from each candidate along with the application fee.

(4) The Commission shall, on an application by a candidate within one year from the date of publication of the results, furnish to him a list of marks obtained by any other candidate in the qualifying examination and interview or viva voce. Fee for the list of marks of each candidate shall be two rupees or such other sum not exceeding two rupees as may be fixed by the Commission.

Explanation.-For purposes of sub-rules (3) and (4) the expression "qualifying examination" shall have the meaning assigned to it in Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973.

Rule 6 Recruitment by promotion

(1) When the Commission is consulted in regard to the suitability of any candidate or candidates for promotion, the Commission shall.-

(i) if the promotion is to be by selection consider the suitability of all eligible candidates in all respects and advice in respect of each such candidate whether he is merited or suitable to discharge the duties attached to the service to which it is proposed to appoint and prepare in the order of merit a list of such number of candidates as is equal to the number of vacancies;

(ii) if the promotion is to be on the basis of seniority-cum-merit, consider the candidates eligible for promotion, in the order of seniority subject to fitness to discharge the duties attached to the service of which it is proposed to appoint and prepare a list of such number of candidates as is equal to the number of vacancies, and forward a copy thereof to the Appointing Authority.

(2) For the purpose of determining the suitability of candidates under sub-rule (1) the Commission shall have power to summon the candidates and to interview them.

Rule 7 Assistance for interviews

For purposes of interview under these rules, the Commission may take the assistance of such officer of the State Government or other specialist as the Commission deems necessary.

Rule 8 Recruitment by transfer

When the Commission is consulted in regard to the suitability of any candidate or candidates for transfer from one class of service to another class of service the Commission shall consider the suitability of such candidate and advise whether his qualifications are sufficient and whether his record proves him to be suitable to discharge the duties attached to the service to which it is proposed to transfer him.

Rule 9 Re-employment after retirement

When the Commission is consulted in regard to the reemployment of any person who has retired on civil pension, the Commission shall consider the suitability of the persons proposed in all respect and advise whether his qualifications are sufficient and whether his record proves him to be suitable to discharge the duties attached to the service to which it is proposed to appoint him.

Rule 10 Special procedure in certain cases

Notwithstanding anything contained in Rule 3, Rule 4, Rule 5,Rule 6, Rule 7 and Rule 8 the State Government may, in consultation with the Commission, by order, prescribe a special procedure in regard to recruitment to any particular service.

Rule 11 Miscellaneous

(1) Appointments, promotions, and transfers, made by any Appointing Authority in contravention of the relevant rules of recruitment and the Karnataka Public Service Commission Consultation) Regulations, 1958 shall be reported to the Government by the Commission.

(2) The Government shall furnish to the Commission any information which the Commission considers it necessary for consideration of any matter referred to it for consultation unless it is certified by the Chief Secretary to Government that same cannot be furnished without undue labour or should be withheld in the public interest.

Rule 12 Repeal and savings

The Karnataka Public Service Commission (Functions) Rules, 1957, are hereby repealed.

KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF SERVICE EXAMINATION) RULES, 1965

In exercise of the powers conferred by Sections 16 and 18 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959), the Government of Karnataka hereby makes the following rules, namely.-

Rule 1 Title

These rules may be called the Karnataka Public Service Commission (Conduct of Service Examination) Rules, 1965.

Rule 2 Definitions

In these rules, unless the context otherwise requires.-

(a) "Act" means the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959);

(b) "Examination" or "Service Examination" means an examination 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 notified by the Government under S.16 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959.

Rule 3 Syllabi for examinations

The Commission shall conduct the service examinations in accordance with such syllabi as may be specified in any general or special order:

11. Proviso inserted by GSR 268, dated 25-7-1968, w.e.f. 8-8-1968 Provided that the syllabi for an examination shall be the syllabi in force on the date of issue of notification under sub-rule (1) of Rule 5 in respect of such examination.

Rule 4 Holding of examinations

(1) Subject to the general or special orders of the Government, service examinations shall be conducted by the Commission twice every year in such months and on such dates as the Commission may determine.

(2)

22. Clause (a) substituted by GSR 335, dated 12-10-1976, w.e.f. 21-10-1976 [(a) subject to such directions as may be given by the Commission, written examinations shall be held in the Headquarters of every district under the Control of the Deputy Director of Public Instruction of the District concerned 33. Inserted by GSR 219, dated 16-7-1977, w.e.f. 21-7-1977 [and at New Delhi under the control of the Assistant Special Commissioner-cum-Manager, Office of the Special Commissioner for Karnataka, Karnataka Bhavan, New Delhi 44. Inserted by GSR 12, dated 12-10-1983, w.e.f. 12-1-1984 [and at Mussoorie under the control of the Controller of Examinations, Lai Bhahadur Shastri National Academy of Administration, Mussoorie, for IAS Probationers under train 11. Substituted for the words "both at Bangalore and at New Delhi" by GSR 12, dated 12-10-1983, w.e.f. 12-1-1984 [at Bangalore, New Delhi and at Mussoorie]:]

22. Proviso substituted by GSR 144, dated 16-8-1994, w.e.f. 15-9-1994 [Provided that in the case of Bangalore District, the June session examinations shall be held under the Control of Deputy Director of Public Instruction, Bangalore North and the December session examinations shall be held under the control of the Deputy Director of Public Instruction, Bangalore South.]

33. Clause (aa) inserted by GSR 62, dated 19-1-1967 [(aa) Every candidate appearing for any examination shall write the examination in the headquarters of the district in which he is working for the time being:

Provided that the Commission may permit a candidate to write the examination in any other place.]

(b) Notwithstanding anything contained in clause (a), the Commission may conduct such examinations as it deems fit 44. Substituted for the words "only in the City of Bangalore" by GSR 72, dated 18-11-1988, w.e.f. 31-3-1983 [only in the Divisional Headquarters under the control of the Joint Directors of Public Instruction].

55. Sub-rule (3) inserted by GSR 362, dated 26-7-1967 [(3) In such examinations no person other than a Gazetted Class I Officer shall be appointed as Supervisors, and no person other than a Gazetted Class II Officer shall be appointed as Invigilators:

Provided that in such examinations conducted in the City of Bangalore, Office Superintendents may also be appointed as Invigilators.]

Rule 5 Applications

66. Sub-rule (1) substituted by GSR 139, dated 28-10-1995, w.e.f. 30-10-1995 [(1) The Commission shall not less than two months prior to the date of holding any examination, publish a notification on the notice board of its office calling for applications and a news item, indicating the publication of the result, date of next examination, the last date to submit applications and such other particulars as the Commission may deem fit, in two major daily newspapers having wide circulation in the State.]

(2) Every candidate appearing for any service examination shall send his application in the form prescribed for the Commission. The application shall be addressed to the Secretary and Controller of Departmental Examinations of Kamataka Public Service Commission, so as to reach him on the before such date as may be specified by the Commission while inviting the applications for the examination.

(3) Any application received after the date fixed for the receipt of applications, or which does not comply with the provisions of this rule, shall be rejected.

Rule 6 Fees payable for the examinations

(1) The fees payable for admission of a candidates for any examination shall be such as the Commission

(2) Notwithstanding anything contained in sub-rule (1) where an examination is required to be passed during the period of probation or training of a Government servant or for the purpose of being eligible to draw an increment, or for being confirmed in any post or for being eligible for promotion to higher post, no fee shall be payable for admission to the examination when the Government servant concerned applies for the first or second time for admission to such examination:

Provided that where a candidate who has been admitted to any examination under this sub-rule absents himself from the examination he shall not be entitled to the exemption under this sub-rule in respect of any later examination unless the absence was due to ill-health certified by the District Medical Officer or the authorised Medical Attendant or due to his inability to attend the examination on account of official work which he was required to attend to as certified by the Head of a Department in which he is serving:

Provided further that this sub-rule shall not be applicable to a Government servant in respect of whom the passing of the examination is not obligatory.

(3) Every candidate applying for admission to a service examination shall be required to make a declarations specifying whether such examination is obligatory or not, and also specifying the number of times he appeared for the examination concerned. Such declaration shall be verified and attested by the Head of Office under whom the candidate is serving.

11. Explanation inserted by GSR 269, dated 3-10-1974, w.e.f. 3-10-1974 [Explanation.-In the case of persons in the service of a local authority or a body corporate constituted by law the "Head of Office" shall be an Officer nominated for the purpose by the local authority or body corporate concerned under intimation to the Commission.]

Rule 7 Refund of fees

(1) The fee paid by any candidate shall be refunded in the following cases, namely.-

(i) when the examination is cancelled after applications are called for;

(ii) when an application is rejected on the ground that it had been sent after the last date fixed for receipt of applications;

(iii) when the candidate is not admitted to the examination;

(iv) when the candidate is permitted to withdraw his candidature before the examination is held;

(v) when the candidate is not liable to pay the fees;

(vi) when the application is made and the fee is paid by mistake;

(vii) when the candidate absents himself from any examination and satisfies the Commission that the absence was unavoidable and was due to causes beyond his control;

(viii) when the candidate after paying the fees fails to send his application to the Commission;

(ix) when the candidate dies prior to the examination.

11. Sub-rule (2) substituted by GSR 40, dated 12-4-1967 [(2) No fees shall be refunded in cases falling under clauses (v), (vi), (vii) and (viii) of sub-rule (1) except on an application made by the candidate and in cases falling under clause (ix) of sub-rule (1) except on an application made by the legal heir of the candidate within sixty days from the last date fixed for the examination concerned.]

(3) Fees paid for any examination shall not be taken credit for any other examination except where a candidate makes an application in writing within sixty days from the last date fixed for the examination in respect of which fees was paid requesting that the fees may be appropriated for the next ensuing examination.

Rule 8 Reference to books

Save as otherwise provided by any general or special order made by the Government candidates to an examination may bring with them to the examination hall unabridged and unannotated editions of books prescribed for the examination. No candidate shall bring into the examination hall, or be in possession in the examination hall of any notes or guides or any other books.

Rule 8A Appointment of Amanuensis

22. Rule 8-A inserted by GSR 186, dated 5-7-1978, w.e.f. 13-7-1978 .-The Secretary and Controller of Departmental Examinations may, on an application by a candidate who is blind or disabled from writing with his own hand, permit the said candidate to have the assistance of an amanuensis subject to the following conditions, namely.-

(1) The candidate seeking assistance of an amanuensis shall send his application through his immediate official superior along with a certificate issued by a doctor attached to a Government Hospital;

(2) The official superior shall satisfy himself before forwarding the application to the Commission that the candidate is really disabled and he needs the assistance of an amanuensis;

(3) When the assistance of an amanuensis is sanctioned, the Supervisor of the concerned Centre shall appoint an amanuensis for the candidate and intimate the same to the Secretary and Controller of Departmental Examinations;

(4) The amanuensis so appointed shall be of a lower grade or of a lower education than that of the candidate and he shall not be related to the candidate;

(5) The supervisor shall arrange for a suitable room for the candidate and appoint an Invigilator for him. The Invigilator so appointed shall be changed in each session;

(6) The candidate shall pay in advance a sum of Rs. 5/- for each paper of the examination, and the said amount shall be paid to the amanuensis as soon as the paper of the examination is over;

(7) Where an amanuensis has been appointed, an extra time of fifteen minutes may be allowed to the candidate.]

Rule 9 Marks for a pass

(1) Save as otherwise provided by any general or special order the minimum marks for a pass in any service examination shall be thirty-five per cent in each individual paper and forty per cent in the aggregate prescribed for that examination.

(2) A candidate who secures not less than sixty per cent of the maximum marks in any paper or papers comprising any examination shall be placed in the first class, and a candidate who secures less than sixty per cent of the maximum marks shall be placed in the pass class.

11. Sub-rule (3) substituted by GSR 330, dated 26-10-1977, w.e.f. 3-11-1977 [(3) Where an examination consists of more than one paper or one or more papers and viva voce and a candidate secures in any paper not less than sixty per cent of the maximum marks prescribed for that paper he shall be deemed to have passed the examination in that paper, if he passes the examination by securing the required number of passing marks in the other papers of the examination and the viva voce examination within two years from the date of declaration of the result of the examination in which he had secured not less than sixty per cent of the maximum marks in that paper.]

Rule 10 List of candidates successful in examinations

(1) The result of every examination specifying the 11. Substituted for the words register numbers, names and such other particulars of the candidates successful in the examination as the commission may deem fit to specify and the class obtained by each of them in such examination" by G6R 337, dated 26-7-1967, w.e.f. 3-8-1967 [register numbers of the candidates successful in the examination] shall be published by the Commission in the Karnataka Gazette.

22. Sub-rule (1-a) omitted by GSR 243, dated 24-6-1969, w.e.f. 10-7-1969 [(1-a) x x x x x.]

(2) 33. Substituted for the words The Commission shall on an application by a candidate, within thirty days from the date of publication under sub-rule (1) of the results by the Commission accompanied by a fee of fifty paise and seventy-five paise after expiry of thirty days for each certificate" by GSR 243, dated 24-6-1969, w.e.f. 10-7-1969 [Commission shall] issue to each successful candidate in any examination a certificate under the signature of the Secretary and Controller of Departnental Examinations, Karnataka Public Service Commission, stating the examination passed by him and the class in which he is placed.

44. Sub-role (3) substituted by Notification No. DPAR 26 SSC 95, dated 22-3-1999, w.e.f. 27-3-1999 [(3) A candidate may obtain a duplicate copy of the certificate on making an application along with the affidavit indicating the reasons for applying for the same and on payment of a fee of rupees fifteen, if the application is made within one year from the date of publication of results in the Karnataka Gazette and rupees twenty-five if the application is made after one year. An application for a duplicate copy of a certificate shall also contain particulars regarding the month and year of the examination passed and shall furnish information as is sufficient to establish that the applicant is the person to whom the original certificate was issued. Such application shall be accompanied by a postal order or Demand Draft for the amount of the prescribed fee drawn in favour of the Secretary, Kamataka Public Service Commission, Bangalore.]

Rule 11 Supply of Maries Cards

The Commission shall furnish a marks card on payment of a fee of 55. Substituted for the words "two rupees" by Notification No. DPAR 26 SSC 95, dated 22-3-1999, w.e.f 27-3-1999 [ten rupees] in respect of any subject or subjects comprised in any examination, if the application for the marks card is made within one month after the publication of the result of the examination in the Karnataka Gazette. The application shall be accompanied by a 66. Substituted for the words treasury receipt of by Notification No. DPAR 26 SSC 95, dated 22-3-1999, w.e.f. 27-3-1999 [postal order or demand draft drawn in favour of the Secretary, Karnataka Public Service Commission, Bangalore] evidencing the payment of the fee:

77. Proviso inserted by GSR 298 and 305, dated 22-9-1977, w.e.f. 6-10-1977 [Provided that the Commission may issue marks cards to the concerned candidates in respect of Paper I of Accounts (Higher) Examination and Paper I of Community Development Part I Examination held in any

Rule 12 Re-totalling of marks

(1) A candidate who is declared to have failed in any examination may within 11. Substituted for the words "one month" by GSR 40, dated 12-4-1967 [sixty days] after the publication of the result in the Karnataka Gazette, apply to the Commission for a re-totalling of his marks in all papers or in any paper comprised in the said examination. Every candidate making such application shall pay a sum of 22. Substituted for the words "ten rupees" by Notification No. DPAR 26 SSC 95, dated 22-3-1999, w.e.f. 27-3-1999 [twenty-five rupees] is deposit and a 33. Substituted for the words "treasury receipt" by Notification No. DPAR 26 SSC 95, dated 22-3-1999, w.e.f. 27-3-1999 [postal order or demand draft drawn in favour of the Secretary, Karnataka Public Service Commission, Bangalore] evidencing the payment of such sum shall be furnished along with the application.

44. Sub-rule (2) substituted by GSR 173, dated 4-5-1968, w.e.f. 23-5-1968 [(2) On receipt of an application under sub-rule (1) the Commission shall, within a period of thirty days, cause the marks to be re-totalled and communicated to the candidate, and the decision of the Commission as regards the re-totalled marks secured by the candidate shall be final.]

(3) Where a result is altered consequent upon the re-totalling of marks, the deposit made by the candidate under sub-rule (1) shall be returned to him. In other cases the deposit shall not be returnable.

Rule 13 Remuneration to examiners

(1) Fees at the rates specified in column (2) of the following table shall be payable to the examiners for performing the functions specified in the corresponding entry of column (1) of the said Table, namely.-

TABLE

(a)

 For the setting of a question paper in respect of which the duration of time allowed for answers is.

(i)

 Three hours and above

 Seventy-five rupees.

(ii)

 Two hours and above but below three hours

 Sixty rupees.

(iii)

 Less than two hours

 Fifty rupees.

(b)

 For valuing an answer book of a question paper in respect of which the duration of time allowed for answers is,

(i)

 Three hours and above

 Three rupees

(ii)

 Two hours and above but below three hours

 Two rupees and fifty paise.

(iii)

 Less than two hours

 Two rupees

66. Sub-rule (2) substituted by GSR 139, dated 28-10-1995, w.e.f. 30-10-1995 [(2) The Supervisors, Invigilators and other staff specified in column (2) of the table below connected with examination work shall be paid remuneration at the rates specified in column (2) thereof:

TABLE

SI.

No.

 Category of Officers and Staff

 Remuneration payable

1.

 Supervisors-in-chief for Coordinating

And Additional Coordinating Supervisors

 Rs. 120 for full day

Rs. 60 for half day

2.

 Supervisors or Additional

 Rs. 90 for full day

 Supervisors of Sub-Centers

 Rs. 45 for half day

3.

 Invigilators

 Rs. 75 for full day

Rs. 40 for half day

4.

 Clerk

 Rs. 60 for full day

Rs. 30 for half day

5.

 Driver

 Rs. 21 per day

6.

 Attendee, Peon, Water boy, Laborer, Watchman or Sweeper

 Rs. 21 per day.

11. Sub-rules (3) to (6) inserted by GSR 62, dated 19-1-1967 [(3) For translating a question paper in English to Kannada remuneration shall be at one-fourth of the fee paid for setting the question paper in English provided it is done by a person other than the Examiner of that paper.

(4) Sirring fee for a member of the Kannada viva voce Examination Board shall be five rupees per day.

(5) For printing the question papers the Senior Deputy Director of Printing, Government Press, Bangalore, shall be paid a remuneration of 22. Substituted for the words "two hundred rupees for every examination" by GSR 169, dated 20-6-1984, w.e.f. 5-7-1984 [three hundred rupees for every examination held after 1st day of May, 1984].

(6) For re-totalling of marks the 33. Substituted for the words "Deputy Controller" by GSR 182, dated 6-7-1978, w.e.f. 13-7-1978 [Secretary and Controller] of Departmental Examinations shall be paid a fee of one rupee for each answer book.]

Rule 14 Misconduct

A candidate who is found guilty by the Commission of impersonation or of submitting fabricated document or documents which have been tampered with or of making statements which are incorrect or false, or of suppressing any material information or of using or attempting to use unfair means in the examination hall or otherwise resorting to any other irregular and improper means in connection with any service examination, such candidate may, in addition to rendering himself liable to a criminal prosecution.-

(a) be debarred either permanently or for a specified period by the Commission from admission to any examination or appearance at any interview held by the Commission for selection of candidates; and

(b) be subjected to disciplinary proceedings.

KARNATAKA PUBLIC SERVICE COMMISSION (SERVICES OF LOCAL AUTHORITIES) (FUNCTIONS) RULES, 1963

In exercise of the powers conferred by Section 18 of the KARNATAKA PUBLIC SERVICE COMMISSION (Conduct of Business and Additional Functions Act, 1959 (Karnataka Act 20 of 1959), the Government of Karnataka after consultation with the Karnataka Public Service Commission, hereby make the following rules.

Rule 1 Preliminary

These rules may be called the Karnataka Public Service Commission (Services of Local Authorities) (Functions) Rules, 1963.

Rule 2 In these rules, unless the context otherwise requires

(a) "Commission" means the Karnataka Public Service Commission;

(b) "Government" means the Government of Karnataka;

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

(d) "Service" or "Post" means service or post as the case may be under a local authority.

Rule 3 Recruitment by Examination

When any competitive examination is to be conducted by the Commission for the purpose of direct recruitment to a service, the Commission shall-

(1) after a requisition for recruitment is received from a local authority, invite applications from intending candidates after giving due publicity to conditions of eligibility, nature of competition, number of vacancies to be filled wherever possible, and any other relevant material;

(2) scrutinise applications received and admit such of them as fulfill the prescribed conditions and make all arrangements for the actual conduct of the examination, at such centre or centres as may be decided by the Government in consultation with the Commission;

(3) also conduct interviews or viva voce examination where required and 11. Substituted for the words "arrange the candidates in order of merit on the results of the written examination and/or interviews or viva voce examination" by GSR 367, dated 6-1-1965 [prepare a list of the names of candidates successful in the written examination and/or interviews or viva voce examination in the order of merit];

22. Sub-rule (4) substituted for sub-rules (4) and (5) by GSR 367, dated 6-1-1965 [(4) The names of candidates included in the list prepared under subrule (3) shall be published in the Karnataka Gazette and a copy of such list shall be forwarded to the local authority.]

33. Sub-rule (6) renumbered as sub-rule (5) by GSR 367, dated 6-1-1965 [(5)] make necessary arrangements for supplying the marks card showing the marks obtained by any candidate on payment of such fee not exceeding two rupees in the case of each marks card, as may be prescribed by the Commission.

Rule 4 Recruitment by selection

When recruitment to a service or post is to be made by selection, and consultations with the Commission is required, the Commission shall,-

(1) after a requisition for recruitment is received from a local authority invite applications from intending candidates after giving due publicity to conditions of eligibility, nature of competition, number of vacancies to be tilled where possible, and any other relevant material;

(2) consider all applications received and when necessary interview such candidates as fulfill the prescribed conditions and select whom it considers most suitable for appointment.

(3) forward to the local authority a list consisting of such number as it may fix, of the candidates whom the Commission considers most suitable for appointment in the order of preference:

Provided that the Commission may invite a Local Authority to nominate an officer to be present at the interview referred to in clause (2) to assist the Commission in its work of selection. Recruitment by promotion

Rule 5

(1) When recruitment is to be made by promotion to any post and consultation with the Commission is required, the Commission shall.-

(i) consider the claims of candidates nominated by the local authority;

(ii) consider the case of every candidate senior to the candidates nominated;

(iii) thereafter make a selection according as the appointment is to be by selection or on the basis of seniority subject to fitness, and advise the local authority in respect of each candidate referred to in clauses (i) and (ii) whether his qualifications are sufficient and whether his record proves him to have the requisite character and ability for the post or service to which it is proposed to appoint him; and

(iv) arrange the candidates in the order of preference.

(2) When considering the suitability of candidates under this rule if the Commission feels any doubt about the fitness of any candidate, it may summon that candidate for an interview:

Provided that when considering the claims of persons serving the local authority nominated by a local authority and when the candidate is summoned for an interview, the Commission may invite the local authority to nominate a representative to be present on its behalf. Recruitment by Transfer

Rule 6

When recruitment is to be made by transfer of an officer from service under Government to any post in the service under a local authority and consultation with the Commission is required, the Commission shall advise in respect of any candidate nominated whether his qualifications are sufficient and whether his record proves him to have the necessary character and ability for the service or post to which it is proposed to transfer him.

Rule 7

Notwithstanding anything contained in Rules 3, 4 and 5, the State Government may, with the concurrence of the Commission, prescribed in any particular class of cases a special procedure as more appropriate than the one prescribed in any of the said rules. Disciplinary and other matters.

Rule 8

In any case in which the Commission is consulted on any disciplinary matter or on any memorial or petition relating to such matter, the record of the case shall be forwarded to the Commission and the opinion given by the Commission shall form part of the record. A copy of such opinion or of the portion of the opinion which relates to particular officer or officers shall, unless the local authority otherwise decides, be communicated to the officer or officers concerned along with a copy of the order of the authority empowered to pass orders on the case.

Rule 9

In cases in which a person is to be continued in service beyond the date of superannuation or is to be re-employed in service after retirement, the Commission shall be consulted by a local authority before such retention in service or re-employment is ordered, except where the period of such retention or re-employment is for a period of not more than twelve months.

Rule 10

Appointments, promotions and transfers made by a local authority in contravention of the service rules may be reported to Government by the Commission.

Rule 11

The Commission may at any time call from a local authority for any information which may be necessary for consideration of any matter referred to it for opinion and such information shall be furnished to the Commission unless it is certified that the same-

(a) cannot be furnished without undue labour; and

(b) should be withheld in the public interest. The authority to issue such certificate shall be the Divisional Commissioner for Corporations and City Municipalities and the Deputy Commissioners for the other local bodies. All matters pending on the date of commencement of these rules shall be dealt with as far as may be, in accordance with these rules.

KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF SERVICE EXAMINATION) RULES, 1965

In exercise of the powers conferred by Sections 16 and 18 of the Kamataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959), the Government of Karnataka hereby makes the following rules, namely.

Rule 1 Title

These rules shall be called the Karnataka Public Service Commission (Conduct of Service Examination) Rules, 1965.

Rule 2 Definitions

In these rules, unless the context otherwise requires.

(a) "Act" means the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959);

(b) "Examination" or "Service Examination" means an examination 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 notified by the Government under Section 16 of the Act.

Rule 3 Syllabi for examinations

The Commission shall conduct the service examinations in accordance with such syllabi as may be specified in any general or special order:

[Provided that the syllabi for an examination shall be the syllabi in force on the date of issue of notification under sub-rule (1) of Rule 5 in respect of such examination.]

Rule 4 Holding of examinations

(1) Subject to the general or special orders of the Government, service examinations shall be conducted by the Commission twice every year in such months and on such dates as the Commission may determine.

(2) [(a) subject to such directions as may be given by the Commission, written examinations shall be held in the Headquarters of every district under the Control of the Deputy Director of Public Instruction of the District concerned [and at New Delhi under the control of the Assistant Special Commissioner-cum-Manager, Office of the Special Commissioner for Karnataka, Karnataka Bhavan, New Delhi [and at Mussoorie under the control of the Controller of Examinations, Lal Bhahadur Shastri National Academy of Administration, Mussoorie, for IAS Probationers under [at Bangalore, New Delhi and at Mussoorie]:]

[Provided that in the case of Bangalore District, the June session examinations shall be held under the Control of Deputy Director of Public Instruction, Bangalore North and the December session examinations shall be held under the control of the Deputy Director of Public Instruction, Bangalore South.]

[(aa) Every candidate appearing for any examination shall write the examination in the headquarters of the district in which he is working for the time being:

Provided that the Commission may permit a candidate to write the examination in any other place.]

(b) Notwithstanding anything contained in clause (a), the Commission may conduct such examinations as it deems fit [only in the Divisional Headquarters under the control of the Joint Directors of Public Instruction].

[(3) In such examinations no person other than a Gazetted Class I Officer shall be appointed as Supervisors, and no person other than a Gazetted Class II Officer shall be appointed as Invigilators: Provided that in such examinations conducted in the City of Bangalore, Office Superintendents may also be appointed as Invigilators.]

Rule 5 Applications

(1) The Commission shall not less than two months prior to the date of holding any examination, publish a notification on the notice board of its office calling for applications and a news item, indicating the publication of the result, date of next examination, the last date to submit applications and such other particulars as the Commission may deem fit, in two major daily newspapers having wide circulation in the State.

(2) Every candidate appearing for any service examination shall send his application in the form prescribed for the Commission. The application shall be addressed to the Secretary and Controller of Departmental Examinations of Karnataka Public Service Commission, so as to reach him on the before such date as may be specified by the Commission while inviting the applications for the examination.

(3) Any application received after the date fixed for the receipt of applications, or which does not comply with the provisions of this rule, shall be rejected.

Rule 6 Fees payable for the examinations

(1) The fees payable for admission of a candidates for any examination shall be such as the Commission may, with the approval of the Government, determine, subject to the condition that the fee for any examination shall not be more than fifteen rupees.

(2) Notwithstanding anything contained in sub-rule (1) where an examination is required to be passed during the period of probation or training of a Government servant, or for the purpose of being eligible to draw an increment, or for being confirmed in any post or for being eligible for promotion to higher post, no fee shall be payable for admission to the examination when the Government servant concerned applies for the first or second time for admission to such examination: Provided that where a candidate who has been admitted to any examination under this sub-rule absents himself from the examination he shall not be entitled to the exemption under this sub-rule in respect of any later examination unless the absence was due to ill-health certified by the District Medical Officer or the authorised Medical Attendant or due to his inability to attend the examination on account of official work which he was required to attend to as certified by the Head of a Department in which he is serving:

Provided further that this sub-rule shall not be applicable to a Government servant in respect of whom the passing of the examination is not obligatory.

(3) Every candidate applying for admission to a service examination shall be required to make a declarations specifying whether such examination is obligatory or not, and also specifying the number of times he appeared for the examination concerned. Such declaration shall be verified and attested by the Head of Office under whom the candidate is serving.

[Explanation.In the case of persons in the service of a local authority or a body corporate constituted by law the "Head of Office" shall be an Officer nominated for the purpose by the local authority or body corporate concerned under intimation to the Commission.]

Rule 7 Refund of fees

(1) The fee paid by any candidate shall be refunded in the following cases, namely.

(i) when the examination is cancelled after applications are called for;

(ii) when an application is rejected on the ground that it had been sent after the last date fixed for receipt of applications;

(iii) when the candidate is not admitted to the examination;

(iv) when the candidate is permitted to withdraw his candidature before the examination is held;

(v) when the candidate is not liable to pay the fees;

(vi) when the application is made and the fee is paid by mistake;

(vii) when the candidate absents himself from any examination and satisfies the Commission that the absence was unavoidable and was due to causes beyond his control;

(viii) when the candidate after paying the fees fails to send his application to the Commission;

(ix) when the candidate dies prior to the examination.

[(2) No fees shall be refunded in cases falling under clauses (v), (vi), (vii) and (viii) of sub-rule (1) except on an application made by the candidate and in cases falling under clause (ix) of sub-rule (1) except on an application made by the legal heir of the candidate within sixty days from the last date fixed for the examination concerned.]

(3) Fees paid for any examination shall not be taken credit for any other examination except where a candidate makes an application in writing within sixty days from the last date fixed for the examination in respect of which fees was paid requesting that the fees may be appropriated for the next ensuing examination.

Rule 8 Reference to books

Save as otherwise provided by any general or special order made by the Government, candidates to an examination may bring with them to the examination hall unabridged and unannotated editions of books prescribed for the examination. No candidate shall bring into the examination hall, or be in possession in the examination hall of any notes or guides or any other books.

Rule 8A Appointment of Amanuensis

The Secretary and Controller of Departmental Examinations may, on an application by a candidate who is blind or disabled from writing with his own hand, permit the said candidate to have the assistance of an amanuensis subject to the following conditions, namely.

(1) The candidate seeking assistance of an amanuensis shall send his application through his immediate official superior along with a certificate issued by a doctor attached to a Government Hospital;

(2) The official superior shall satisfy himself before forwarding the application to the Commission that the candidate is really disabled and he needs the assistance of an amanuensis;

(3) When the assistance of an amanuensis is sanctioned, the Supervisor of the concerned Centre shall appoint an amanuensis for the candidate and intimate the same to the Secretary and Controller of Departmental Examinations;

(4) The amanuensis so appointed shall be of a lower grade or of a lower education than that of the candidate and he shall not be related to the candidate;

(5) The supervisor shall arrange for a suitable room for the candidate and appoint an Invigilator for him. The Invigilator so appointed shall be changed in each session;

(6) The candidate shall pay in advance a sum of Rs. 5/- for each paper of the examination, and the said amount shall be paid to the amanuensis as soon as the paper of the examination is over;

(7) Where an amanuensis has been appointed, an extra time of fifteen minutes may be allowed to the candidate.

Rule 9 Marks for a pass

(1) Save as otherwise provided by any general or special order the minimum marks for a pass in any service examination shall be thirty-five per cent in each individual paper and forty per cent in the aggregate prescribed fo- that examination.

(2) A candidate who secures not less than sixty per cent of the maximum marks in any paper or papers comprising any examination shall be placed in the first class, and a candidate who secures less than sixty per cent of the maximum marks shall be placed in the pass class.

[(3) Where an examination consists of more than one paper or one or more papers and viva voce and a candidate secures in any paper not less than sixty per cent of the maximum marks prescribed for that paper he shall be deemed to have passed the examination in that paper, if he passes the examination by securing the required number of passing marks in the other papers of the examination and the viva voce examination within two years from the date of declaration of the result of the examination in which he had secured not less than sixty per cent of the maximum marks in that paper

Rule 10 List of candidates successful in examinations

(1) The result of every examination specifying the [register numbers of the candidates successful in the examination] shall be published by the Commission in the Karnataka Gazette.

[(1a) x x x x x.]

(2) [Commission shall] issue to each successful candidate in any examination a certificate under the signature of the Secretary and Controller of Departmental Examinations, Karnataka Public Service Commission, stating the examination passed by him and the class in which he is placed.

[(3) A candidate may obtain a duplicate copy of the certificate on making an application along with the affidavit indicating the reasons for applying for the same and on payment of a fee of rupees fifteen, if the application is made within one year from the date of publication of results in the Karnataka Gazette and rupees twenty-five if the application is made after one year. An application for a duplicate copy of a certificate shall also contain particulars regarding the month and year of the examination passed and shall furnish information as is sufficient to establish that the applicant is the person to whom the original certificate was issued. Such application shall be accompanied by a postal order or Demand Draft for the amount of the prescribed fee drawn in favour of the Secretary, Karnataka Public Service Commission, Bangalore.]

Rule 11 Supply of Marks Cards

The Commission shall furnish a marks card on payment of a fee of [ten rupees] in respect of any subject or subjects comprised in any examination, if the application for the marks card is made within one month after the publication of the result of the examination in the Karnataka Gazette. The application shall be accompanied by a [postal order or demand draft drawn in favour of the Secretary, Karnataka Public Service Commission, Bangalore] evidencing the payment of the fee:

[Provided that the Commission may issue marks cards to the concerned candidates in respect of Paper I of Accounts (Higher) Examination and Paper I of Community Development Part I Examination held in any sessions earlier than June/July 1977 Session without insisting on payment of fees and application by the candidates if the marks obtained in such papers is not less than 40%.]

Rule 12 Re-totalling of marks

(1) A candidate who is declared to have failed in any examination may within [sixty days] after the publication of the result in the Karnataka Gazette, apply to the Commission for a re-totalling of his marks in all papers or in any paper comprised in the said examination. Every candidate making: such application shall pay a sum of [twenty-five rupees] is deposit and a [postal order or demand draft drawn in favour of the Secretary, Karnataka Public Service Commission, Bangalore] evidencing the payment of such sum shall be furnished along with the application.

11. Sub-rules (3) to (6) inserted by GSR 62, dated 19-1-1967 [(2) On receipt of an application under sub-rule (1) the Commission shall, within a period of thirty days, cause the marks to be re-totalled and communicated to the candidate, and the decision of the Commission as regards the re-totalled marks secured by the candidate shall be final.]

(3) Where a result is altered consequent upon the re-totalling of marks, the deposit made by the candidate under sub-rule (1) shall be returned to him. In other cases the deposit shall not be returnable.

Rule 13 Remuneration to examiners

(1) Fees at the rates specified in column (2) of the following table shall be payable to the examiners for performing the functions specified in the corresponding entry of column (1) of the said Table, namely.

22. Substituted for the words "two hundred rupees for every examination" by GSR 169, dated 20-6-1984, w.e.f. 5-7-1984 (a) For the setting of a question paper in respect of which the duration of time allowed for answers is.

(i) Three hours and above Seventy-five rupees.

(ii) Two hours and above but below three hours Sixty rupees.

(iii) Less than two hours Fifty rupees.

(b) For valuing an answer book of a question paper in respect of which the duration of time allowed for answers is.

(i) Three hours and above Three rupees

(ii) Two hours and above but below three hours Two rupees and fifty paise.

(iii) Less than two hours Two rupees]

33. Substituted for the words "Deputy Controller" by GSR 182, dated 6-7-1978, w.e.f. 13-7-1978' [(2) The Supervisors, Invigilators and other staff specified in column (2) of the table below connected with examination work shall be paid remuneration at the rates specified in column (2) thereof:

TABLE

SI.

No.

 Category of Officers and Staff

 Remuneration payable

1.

 Supervisors-in-chief for Coordinating and Additional Coordinating Supervisors

 Rs. 120 for full day Rs. 60 for half day

2.

 Supervisors or Additional

 Rs. 90 for full day

 Supervisors of Sub-Centres

 Rs 45ior half day

3.

 Invigilators

 Rs. 75 for full day Rs. 40 for half day

4.

 Clerk

 Rs. 60 for full day Rs. 30 for half day

5.

 Driver

 Rs. 21 per day

6.

 Attender, Peon, Water boy, Labourer, Watchman or Sweeper

 Rs. 21 per day.

(3) For translating a question paper in English to Kannada remuneration shall be at one-fourth of the fee paid for setting the question paper in English provided it is done by a person other than the Examiner of that paper.

(4) Sitting fee for a member of the Kannada viva voce Examination Board shall be five rupees per day.

(5) For printing the question papers the Senior Deputy Director of Printing, Government Press, Bangalore, shall be paid a remuneration of three hundred rupees for every examination held after 1st day of May, 1984.

(6) For re-totalling of marks the Secretary and Controller of Departmental Examinations shall be paid a fee of one rupee for each answer book.

Rule 14 Misconduct

A candidate who is found guilty by the Commission of impersonation or of submitting fabricated document or documents which have been tampered with or of making statements which are incorrect or false, or of suppressing any material information or of using or attempting to use unfair means in the examination hall or otherwise resorting to any other irregular and improper means in connection with any service examination, such candidate may, in addition to rendering himself liable to a criminal prosecution.

(a) be debarred either permanently or for a specified period by the Commission from admission to any examination or appearance at any interview held by the Commission for selection of candidates; and

(b) be subjected to disciplinary proceedings.

KARNATAKA PUBLIC SERVICE COMMISSION (FUNCTIONS) RULES, 1973

In exercise of the powers conferred by Sections 15 and 18 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959), the Published in the Karnataka Gazette, dated 14-6-1973, vide Notification No. GAD 24 SSC 69, dated 7-4-1973 Government of Karnataka after consultation with the Karnataka Public Service Commission hereby makes the following rules, namely.

Rule 1 Title and commencement

(1) These rules may be called the Karnataka Public Service Commission (Functions) Rules, 1973.

(2) They shall come into force at once.

Rule 2 Definitions

In these rules, unless the context otherwise requires.

(1) "Act" means the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959);

(2) "Appointing Authority" means the Government or the authority mentioned in Column 2 of Schedule II to the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;

(3) "Service" means a service or a category of posts in the Civil Service of the State and includes a civil post.

Rule 3 Rules of recruitment

When the Commission is consulted in regard to the making of rules of recruitment relating to any service the Commission shall advice on all matters relating to recruitment including the methods of recruitment, minimum qualifications, syllabus for written examination if any, principles to be followed in recruitment and such other matters.

Rule 4 Direct recruitment by examination

(1) On receipt of requisition from an Appointing Authority for direct recruitment to any service by competitive examination, the Commission shall.

(a) openly advertise by notification in the Karnataka Gazette and in such other manner as it deems fit, specifying therein the conditions of eligibility, the nature of competition, the syllabus for the competitive examination, the provisional number of vacancies to be filled, reservation in favour of Scheduled Castes, Scheduled Tribes and Other Backward Classes and all other relevant particulars and invite applications, in such form and before such date and on payment of such fees as may be specified by the Commission, from intending candidates who possess the required qualification;

(b) scrutinise the applications received and issue admission certificates to such of those whose applications are in order and who fulfill the required conditions;

(c) subject to the provisions of the relevant rules of recruitment.

(i) make all arrangements for the conduct of the written examination and interview or viva voce, if any, at such centre or centres as may be decided by the Commission; and

(ii) on the basis of marks obtained in the written examination and interview or viva voce, if any and taking into consideration the orders in force relating to reservation of posts for Scheduled Castes, Scheduled Tribes, and other Backward Classes, prepare in the order of merit a list of selected candidates.

[(1-A) The Commission shall publish on the notice board of the Commission.

(a) immediately after the completion of valuation of a written examination, a list showing the total marks obtained by each candidate in the said examination and indicating the candidates who are eligible for interview; and

(b) on each day on which the interview or viva voce is held or on the day following but before the commencement of the interview or viva voce on that day, a list of marks obtained by each candidate in the said interview or viva voce: Provided that where the interview or viva voce is held in any place other than Bangalore the said list shall be published in such other place.

(2) The Commission shall publish the list of selected candidates prepared under clause (c) of sub-rule (1) in the Karnataka Gazette, and also on the notice board of the office of the Commission and communicate the result to the candidates concerned if he applies for the same along with the cost of postage and forward a copy thereof to the Appointing Authority concerned along with the applications of the selected candidates.

(3) The Commission shall, on an application by a candidate [ [within sixty days from the date of publication of the eligibility list under item (a) of sub-rule (1-A) on the Notice Board], or within forty-five days from the date of despatch of the marks list by the Commission whichever is later] make necessary arrangements for retotalling of marks secured by any candidate and communicate the result thereof to the candidate within thirty days from the date of receipt of such application. Fee for the retotalling of marks for each paper shall be ten rupees or such other sum not exceeding ten rupees as may be fixed by the Commission. [For the re-totalling of marks the Secretary and Controller of Departmental Examinations, Karnataka Public Service Commission shall be paid a fee of one rupee for each answer book.

[(4) The Commission shall furnish to every candidate a list of marks obtained by him in the written examination and interview or viva voce and for this purpose, collect a fee of rupees two from each candidate along with the application fee.

(5) The Commission shall, on an application by a candidate within one year from the date of publication of the results, furnish to him a list of.

Rule 5 Direct recruitment by selection

(1) On receipt of requisition from an Appointing Authority for direct recruitment to any service by selection the Commission shall.

(a) openly advertise by notification in the Karnataka Gazette and in such other manner, as it deems fit specifying the condition of eligibility, the nature of competition, the provisional number of vacancies to be filled, reservation in favour of Scheduled Castes, Scheduled Tribes and other Backward Classes and all other relevant particulars and invite applications, in such form and before such date and on payment of such fees, if any, as may be specified by the Commission in the advertisement, from intending candidates who possess the required qualifications;

[(b) scrutinise the applications received and make selections in accordance with Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973.]

[(1A) The Commission shall publish on the notice board of the Commissioner, on each day on which interview or viva voce is held or on the day following but before the commencement of the interview or viva voce on that day, a list of marks obtained by each candidate in the said interview or viva voce: Provided that where the interview or viva voce is held in any place other than Bangalore the said list shall be published in such other place.]

(2) The Commission shall publish the list of candidates selected under clause (b) of sub-rule (1) in the KarnataKa Gazette and also on the notice board of the office of the Commission and communicate the result to the candidate concerned if he applies for the same along with the cost of postage and forward a copy thereof to the Appointing Authority concerned along with the applications of the selected candidates.

[(3) The Commission shall furnish to every candidate a list of marks obtained by him in the qualifying examination and interview or viva voce and for this purpose, collect a fee of rupees two from each candidate along with the application fee.

(4) The Commission shall, on an application by a candidate within one year from the date of publication of the results, furnish to him a list of marks obtained by any other candidate in the qualifying examination and interview or viva voce. Fee for the list of marks of each candidate shall be two rupees or such other sum not exceeding two rupees as may be fixed by the Commission.

Explanation For purposes of sub-rules (3) and (4) the expression "qualifying examination" shall have the meaning assigned to it in Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973.

Rule 6 Recruitment by promotion

(1) When the Commission is consulted in regard to the suitability of any candidate or candidates for promotion, the Commission shall.

(i) if the promotion is to be by selection consider the suitability of all eligible candidates in all respects and advice in respect of each such candidate whether he is merited or suitable to discharge the duties attached to the service to which it is proposed to appoint and prepare in the order of merit a list of such number of candidates as is equal to the number of vacancies;

(ii) if the promotion is to be on the basis of seniority-cum-merit, consider the candidates eligible for promotion, in the order of seniority subject to fitness to discharge the duties attached to the service of which it is proposed to appoint and prepare a list of such number of candidates as is equal to the number of vacancies, and forward a copy thereof to the Appointing Authority.

(2) For the purpose of determining the suitability of candidates under sub-rule (1) the Commission shall have power to summon the candidates and to interview them.

Rule 7 Assistance for interviews

For purposes of interview under these rules, the Commission may take the assistance of such officer of the State Government or other specialist as the Commission deems necessary.

Rule 8 Recruitment by transfer

When the Commission is consulted in regard to the suitability of any candidate or candidates for transfer from one class of service to another class of service the Commission shall consider the suitability of such candidate and advise whether his qualifications are sufficient and whether his record proves him to be suitable to discharge the duties attached to the service to which it is proposed to transfer him.

Rule 9 Re-employment after retirement

When the Commission is consulted in regard to the reemployment of any person who has retired on civil pension, the Commission shall consider the suitability of the persons proposed in all respect and advise whether his qualifications are sufficient and whether his record proves him to be suitable to discharge the duties attached to the service to which it is proposed to appoint him.

Rule 10 Special procedure in certain cases

Notwithstanding anything contained in Rules 3, 4, 5, 6, 7 and 8 the State Government may, in consultation with the Commission, by order, prescribe a special procedure in regard to recruitment to any particular service.

Rule 11 iscellaneous

(1) Appointments, promotions, and transfers, made by any Appointing Authority in contravention of the relevant rules of recruitment and the Karnataka Public Service Commission Consultation) Regulations, 1958 shall be reported to the Government by the Commission.

(2) The Government shall furnish to the Commission any information which the Commission considers it necessary for consideration of any matter referred to it for consultation unless it is certified by the Chief Secretary to Government that same cannot be furnished without undue labour or should be withheld in the public interest.

Rule 12 Repeal and savings

The Karnataka Public Service Commission (Functions) Rules, 1957, are hereby repealed.

ORDER/SCHEME

KARNATAKA PUBLIC SERVICE COMMISSION (SERVICES OF LOCAL AUTHORITIES) (CONSULTATION) ORDER, 1963

In exercise of the powers conferred by the proviso to clause (b), sub-ection (1) of Section 17 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Karnataka Act 20 of 1959), the Government of Karnataka hereby make the following order, namely.

Order 1

This Order may be called the Karnataka Public Service Commission (Services of Local Authorities) (Consultation) Order, 1963.

Order 2

In this order unless the context otherwise requires.

(a) "Act" means the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959;

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

(c) "Government" means the Government of Karnataka.

Order 3

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

22. Clause (a) substituted by GSR 61, dated 10-11-1982. [(a) as respects any of the matters mentioned in sub-clauses (i) and (ii) of clause {b) of sub-section (1) of S.17 of the Karnataka Public Service Commission (Conduct of Business and Additional Functions) Act, 1959, in the case of the posts in the service of local authority, corresponding to post in Group 'C' services under the State Government;]

33. Clause (b) substituted by S.O. 4536, dated 18-5-1966. [(b) in regard to the suitability of candidates promotion or transfer within the same class of service. Class of service under a local authority for purposes of this clause shall be Class 'A' which includes posts the pay, or if on a time scale the maximum pay, of which exceeds Rs. 500 per mensem; Class 'B' which includes posts the pay, or if on a time scale the maximum pay, of which exceeds Rs. 275 per mensem but does not exceed Rs. 500 per mensem; Class 'C' which includes posts the pay, or if on a time scale the maximum pay, of which does not exceed Rs. 275 per mensem]

(c) in regard to the making of any appointment to.

(i) any honorary post; or

(ii) any post the terms of which are governed by contract;

Provided that in every case of appointment on contract which may involve a total period of service on contract in excess of three years, the Commission shall be consulted before the contract is made or renewed.

Explanation.For the purpose of sub-clause (i) of this clause 'honorary post' means a post, the holding of which does not carry with it the right to receive any emolument or remuneration for services rendered other than an allowance for defraying travelling and other expenses incurred in the performance of duty;

(d) in regard to the re-employment in any service of a person who has retired on a civil pension or gratuity or who, while in service, was a subscriber to a contributory Provident Fund:

Provided that the Commission shall be consulted in every case where the period of re-employment exceeds one year.

Order 4

It shall not be necessary to consult the Commission regarding the appointment of a person temporarily to a post to which appointment has to be made in consultation with the Commission where the vacancy is not likely to last for more than nine months.

Order 5

(1) It shall not be necessary for the Commission to be consulted on any disciplinary matter affecting a person serving under a local authority except

(a) where a local authority proposes to pass an order on an appeal, or to modify an order in revision or on review;

(b) where a local authority proposes to pass an original order imposing any of the following penalties, viz.

(i) reduction to a lower rank in the seniority list or to a lower post or time scale, whether in the same service or in another service, or to a lower stage in a time scale;

(ii) recovery from pay of the whole or part of any pecuniary loss caused to a local authority, Government the Central Government/ any other State Government or to any person, body or authority to whom the service of the officer had been lent, by negligence or breach of orders;

(iii) compulsory retirement;

(iv) removal or dismissal from the service of a local authority.

(2) Nothing contained in clause (1) shall be deemed to make it necessary for a local authority to consult the Commission in any case.

(a) relating to the termination of probation of any person before the expiry of the prescribed or extended period of probation or to the discharge of a person on the expiry of such period on the ground that he has not qualified in any prescribed departmental or other tests;

(b) relating to the discharge or reversion of an officer otherwise than as a penalty;

(c) relating to the termination of the employment of any person in accordance with the terms of his contract of employment;

(d) relating to any order passed in respect of any officer otherwise than as a penalty;

(e) relating to retirement before attaining the age of superannuation whereunder the rules applicable to an employee of a local authority.

(i) he can be retired on completion of a prescribed number of years of service or on reaching a prescribed age without any reasons being assigned or in the public interest and the employee concerned has completed such service or reached such age; or

(ii) he can be retired on invalid pension and the conditions prescribed in respect thereof are fulfilled;

(f) in cases where at a previous stage the Commission may have been consulted regarding the orders to be passed and the Commission has given advice and no fresh ground has thereafter arisen for further consideration or determination:

Provided mat where the order to be passed is in modification of previous orders of a local authority and is not in accordance with the advice, the Commission may have tendered in such a case previously, such orders shall not be passed except after consulting the Commission.

Order 6

It shall not be necessary for the Commission to be consulted on an appeal from or a memorial against an order of suspension pending enquiry into charges against the persons suspended.

Order 7

Any order made or any action taken under the rules or orders so far in force and pending on the date of publication of these rules in the Karnataka Gazette shall be deemed to have been made or taken under the corresponding provision of these rules.