The KARNATAKA PUBLIC SERVICE COMMISSION CONDUCT OF BUSINESS AND ADDITIONAL FUNCTIONS ACT, 1959.

THE KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF BUSINESS AND 
ADDITIONAL FUNCTIONS) ACT, 1959.  
 
ARRANGEMENT OF SECTIONS.  
 
Statement of Object and Reasons 
 
Sections:  
CHAPTER I  
PRELIMINARY  
 1.  Short title and commencement.  
 2.  Definitions.  
CHAPTER II  
CONDUCT OF BUSINESS BY THE COMMISSION.  
 
 3.   Procedure for performance of functions of the Commission.  
 4.   Decision of questions.  
 5.   Agenda for meetings.  
 6.   Decision by majority of votes.  
 7.   Procedure during absence of Chairman. 
 8.   Vacancy, etc., not to invalidate proceedings.  
 9.   Quorum.  
 10.  Recording of decisions.  
 11.  Communications to be signed by the Secretary or the Assistant Secretary. 
 12.  Deputation of Members.  
 13.  Interviews.  
 14.  Action in urgent cases.  
 15.  Procedure in other cases.  
CHAPTER III  
ADDITIONAL FUNCTIONS.  
 
 16.  
Conduct of Service Examinations.  
 17.  Functions in respect of services of local authorities.  
 17A. Commission to furnish returns, etc., to Government. 
 18.  Rules.  
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STATEMENT OF OBJECTS AND REASONS  
 
I  
Act 20 of 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 and 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 cons idered 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. 
  
(Obtained from Notification No. 1014 LC, dated 30.10.1958.)  
II  
Amending Act 25 of 1966. —According to section 11 of the Mysore 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 the Bill.  
(Published in Karnataka Gazette (Extraordinary) Part IV-2A dated 11th July 1966 as No. 118 
at page 4.)  
III  
Amending Act 23 of 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 se rvants 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.  
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 30th August 1973 as No. 
689 at page 3.)  
  
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IV  
Amending Act 21 of 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.  
 
(Published in Karnataka Gazette (Extraordinary) Part IV -2A dated 14th July 1978 as No.  1050 
at page 5.)  
V 
 
Amending Act 12 of 2016. - It is considered necessary to amend the Karnataka Public 
Service Commission (Conduct of Business and Additional Functions) Act, 1959 to provide for,- 
 
(a) to fixation of the  quorum for a meeting of the Commission excluding the Chairman; 
 
(b)  manner of conduct of interview and the procedure to be followed by the commission  
for recruitment of Gazetted Probationers. 
 
 Hence, the Bill. 
[L.A. Bill No.04 of 2016, File No. Samvyashae 52 Shasana 2015]  
[entry 41 of List II of the Seventh Schedule to the Constitution of India.] 
  
 
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1[KARNATAKA]1 ACT No. 20 OF 1959.  
(First published in the 1[Karnataka Gazette]1 on the Thirty-first Day of  December, 1959.)  
 
THE 1[KARNATAKA]1 PUBLIC SERVICE COMMISSION (CONDUCT   
OF BUSINESS AND ADDITIONAL FUNCTIONS) ACT, 1959.  
 
(Received the assent of the Governor on the Thirty-first Day of December, 1959.)  
(As amended by Karnataka Acts 25 of 1966, 23 of 1973, 21 of 1978 and 12 of 2016)   
An Act to prescribe the procedure to be followed by the 1[Karnataka]1 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 1[Karnataka]1 
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 1[Karnataka]1 State Legislature in the Tent h Year of the Republic of 
India as follows:—  
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973  
 
CHAPTER I  
PRELIMINARY  
1.  Short title and commencement. -  (1) This Act may be called the 1[Karnataka]1 Public 
Service Commission (Conduct of Business and Additional Functions) Act, 1959.  
1. Adapted by the Karnataka Adaptations of Laws Order 1973 w.e.f. 1.11.1973  
 
(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 1[date]1 as the State Government may, by notification 
in the official Gazette, appoint.  
1. Chapter III of the Act came into force on 1.10.1960 Vide notification No. GAD 15 OSR 60 dt. 30.8.1960  
 
2.  Definition.-   In this Act, unless the context otherwise requires,-  
  1[(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;]1  
   1. Clause (a) Inserted by Act 25 of 1966 w.e.f. 1.9.1966  
        1[(aa)]1“Commission” means the 2[Karnataka]2 Public Service Commission;  
1. Clause (aa) re-lettered by Act 25 of 1966 w.e.f. 1.9.1966  
2. Adapted by the Karnataka Adaptations of Laws order 1973 w.e.f. 1.11.1073  
 (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.  
 
  
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CHAPTER II  
cONDUCT OF BUSINESS BY THE COMMISSION  
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. 
 
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 than casual leave.  
 
5.  Agenda for meetings. -  The Secretary shall prepare the agenda and convene the 
meetings of the Commission after giving notice to all the Members. 
  
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.  
 
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 that 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 w hich he is 
present, such decision shall be reconsidered accordingly, and until such reconsideration no 
action shall be taken on such decision.  
 
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.  
 
   1[9.  Quorum. -The quorum for a meeting of the Commission shall be fifty percent of serving 
members of the Commission excluding the Chairman, 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.]1 
1. Substituted by Act 12 of 2016 w.e.f. 26.04.2016 
 
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 
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dissent.  
11. Communications to be signed 1[by the Secretary or the Assistant Secretary] 1.-   
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 Comm ission shall be 
communicated in a letter signed by the Secretary, 2[or by the Assistant Secretary] 2 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.  
 
1. Substituted by Act 25 of 1966 w.e.f. 1.9.1966  
2. Inserted by Act 25 of 1966 w.e.f. 1.9.1966  
 
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 advice.  
13. Intervi ews.-   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.  
1[Provided that, in so far as recruitment of Gazetted Probationers is concerned the Interview 
shall be conducted in such manner and as per such procedure as may be prescribed in the 
rules governing the rules of recruitment of Gazatted probationers in the State.]
1 
1. Inserted by Act 12 of 2016 w.e.f.26.04.2016. 
 
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.  
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 III  
ADDITIONAL FUNCTIONS  
16. Conduct of Service Examinations. -  1[(1)]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.  
1. Sub-section re-numbered  by Act 23 of 1973 w.e.f. 16.11.1973  
1[(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 
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Government may, in consultation with the Commission by general order declare that the said 
persons shall be eligible to appear for the said service exami nations and thereupon the said 
persons may appear for the said service examinations, subject to such conditions as may be 
prescribed.  
Explanation.—For purposes of this sub- section, the expression ‘local authority’ shall have 
the meaning assigned to it in sub-section (3) of section 17.]1  
1. Sub-section (2) inserted by Act 23 of 1973 we.f. 16.11.1973  
 
17.  Functions in respect of services of local authorities. -   (1) Notwithstanding anything 
contained in any law relating to the appointment and conditions o f service of employees of local 
authorities,-  
 (a) the Commission shall be the authority competent to conduct examinations for appointments 
to the services of local authorities and it shall be the duty of the Commission to conduct such 
examinations;  
 (b) the Commission shall be consulted,-  
 (i) on all matters relating to methods of recruitment to services and posts under a local 
authority;  
 (ii) on the principles to be followed in making appointments to services and posts under a local 
authority and in making promotions from one service to another and on the suitability 
of candidates for such appointments or promotions;  
 (iii) on all disciplinary matters affecting a person serving under a local authority including 
memorials and petitions relating to such matters;  
 (iv) on any claim by or in respect of a person who is serving or has served under a local 
authority that any  cost incurred by him in defending legal proceedings instituted 
against him in respect of acts done or purporting to be done in the execution of his 
duty should be paid out of the funds of the local authority concerned;  
 (v) on any claim for the award of a pension in respect of injuries sustained by a person while 
serving under a local authority and any question as to the amount of such award;  
and it shall be the duty of the Commission to advise on any matter so referred to them and on 
any other matter relating to employees of local authorities which the Government may refer to 
them:  
Provided that the Government may make orders specifying the matters in which either 
generally or in any particular class of cases or in any particular circumstances, it shall  not be 
necessary for the Commission to be consulted.  
(2) In the case of any difference of opinion between the Commission and a local authority on 
any matter, the local authority concerned shall refer the matter to the Government and the 
decision of the Government thereon shall be final.  
(3) For purposes of this section, ‘local authority’ means a municipal council, municipal 
committee, municipal corporation, town committee, notified area committee, town board, 
sanitary board, taluk board, village panchayat or other authority by whatever name called, 
constituted under any law for the time being in force for the purpose of local self -government or 
village administration and includes the Board constituted under the City of Mysore Improvement 
Act, 1903 (Mysore Act III of 1903), and the City of Bangalore Improvement Act, 1945 (Mysore 
Act V of 1945).  
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1[17A.  Commission to furnish returns, etc., to Government.- The Commission shall 
furnish such returns, records and information as may be required by the Government.]1  
 1.  Section 17A Inserted by Act 25 of 1966 w.e.f. 1.9.1966  
 
18.  Rules. -    (1) The Government may, in consultation with the Commission by notification 
in the Official Gazette make rules for carrying out the purposes of this Act.  
(2) In particular and without prejudice to the generality of the foregoing power, such rules 
may be made for the following matters namely:—  
 (i) the procedure to be followed by the Commission in advertising posts, inviting applications, 
scrutinising the same, conducting examinations and selecting candidates to carry out the 
purposes of section 17;  
 (ii) the procedure to be followed by the local authority or any other competent authority for 
consultation with the Commission;  
 (iii) any matter which is incidental to, or necessary for, the purpose of consultation with the 
Commission;  
 (iv) any matter for which rules have to be made under this Act.  
(3) All rules made under this Act shall be laid  as soon as they are made before each House 
of the State Legislature while it is in session, for a total period of thirty days which may be 
comprised in one session or in two or more sessions and if before the expiry of that period, 
either House of the State Legislature makes any modification in any rule or directs that any rule 
shall not have effect, and if the modification or direction is agreed to by the other House, the 
said rule shall thereafter have effect only in such modified form or be of no effect , as the case 
may be; so however that any such modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule.  
 
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NOTIFICATION  
 Bangalore, dated 30th August 1960. [No. GAD 15 OSR 60]  
In exercise of the powers conferred by sub- section (2) of Section 1 of the Mysore Public 
Service Commission (Conduct of Business and Additional Functions) Act, 1959 (Mysore Act 20 
of 1959), the Government of Mysore hereby appoints the 1st day of October 1960, to be the 
date on which Chapter III of the said Act shall come into force.  
 
 
By Order and in the name of the Governor of Mysore, 
 
 
(B. R. VERMA) 
Under Secretary to Government, Genera 
Administration  Department (O & M).   
 
 
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KARNATAKA ACT NO. 12 OF 2016 
(First published in the Karnataka Gazette Extra-ordinary on the Twenty Sixth day of April, 2016)  
 
THE KARNATAKA PUBLIC SERVICE COMMISSION (CONDUCT OF BUSINESS AND 
ADDITIONAL FUNCTIONS) (AMENDMENT) ACT, 2016 
(Received the assent of the Governor on the Twenty fifth day of April, 2016) 
 
An Act further to amend the Karnataka Public Service Commission (Conduct of Business 
and Additional Functions) Act, 1959.  
Whereas it is expedient further to amend the Karnataka Public Service Commission 
(Conduct of Business and Additional Functions) Act, 1959 for the purposes hereinafter 
appearing;  
Be it enacted by the Karnataka State Legislature in the sixty-seventh year of the 
Republic of India, as follows:-  
 
1. Short title and commencement.- (1) This Act may be called the Karnataka Public 
Service Commission (Conduct of Business and Additional Functions)(Amendment) Act, 2016.  
(2) It shall come into force at once. 
 
Sections 9 and 13 are incorporated in the Principal Act. 

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