LexThe KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF DEPARTMENT OF COLLEGIATE EDUCATION) ACT, 2012
Karnataka · state statute
Open in Lexace · Ask the AI about this actKARNATAKA ACT NO. 06 OF 2013
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF
DEPARTMENT OF COLLEGIATE EDUCATION) ACT, 2012
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title, application and commencement
2. Definitions
3. Compulsory appointment of a Principal, teaching or non- teaching staff to Zone-C
4. Transfer by Counseling
5. Transfer of Principal, teaching or non-teaching staff (excluding Group-D) in the interest of
public service
6. Restriction on transfer
7. Shifting of Posts
8. Transfer of Teaching Staff/Non –Teaching Staff working in a shifted post
9. Exceptions to the tenure
10. Regulation of deputation
11. Penalties
12. Cognizance of offences
13. Act to override other laws
14. Power to remove difficulties
15. Power to amend the schedule
16. Protection of action taken in good faith
17. Power to make rules
18. Transitory provision
SCHEDULE
STATEMENT OF OBJECTS AND REASONS
Act 6 of 2013. - It is considered necessary to regulate transfer of Principals, teaching and
non-teaching staff in the Department of the Collegiate Educ ation in order to ensure availability of
principals, teaching and non teaching staff by classifying as areas Zone- A, Zone -B and Zone -C
depending on the distance from the limits of Bruhat Bangalore Mahanagara Palike, city corporation,
city municipal council, and city municipality and also to provide for,-
(1) to transfer a Principal, teaching and non- teaching staff on initial appointment and also to
transfer a teaching and non teaching staff to Zone ‘C’ on his immediate next transfer who
has not worked before the commencement of this Act in any area;
(2) not to transfer any Principal, teaching and non- teaching staff outside the Zone ‘C’ who is
appointed in Zone ‘C’ before the completion of prescribed number of years to another
zone in the order of priority from Zone-C to Zone-B and Zone-B to Zone-A;
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(3) to prohibit transfer of a Principal, teaching and non teaching staff from one unit of
seniority in which he is appointed to another unit of seniority; and for other matters
connected therewith or incidental thereto.
Hence the Bill.
[L.A. Bill No.46 of 2012, File No. Samvyashae 69 Shasana 2012]
[Entry 41 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 06 OF 2013
(First Published in the Karnataka Gazette Extra-ordinary on the
Fifteenth day of January, 2013)
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF
DEPARTMENT OF COLLEGIATE EDUCATION) ACT, 2012
(Received the assent of the Governor on the Tenth day of January, 2013)
An Act to provide for regulation of transfer of Principals, teaching or non- teaching staff of
Department of Collegiate Education so as to ensure the availability of Principals, teaching or non-
teaching staff in Government First Grade Colleges of the State.
Whereas it is expedient to provide for regulation of transfer of staff of Department of
Collegiate Education so as to ensure transparency and availability of Principals, teaching or non-
teaching staff in Government First Grade Colleges throughout the State and for the matters
connected therewith or incidental thereto:
Be it enacted by the Karnataka State Legislature in the sixty third year of the Republic of
India, as follows:-
1. Short title, application and commencement. - (1) This Act may be called The
Karnataka State Civil Services (Regulation of transfer of staff of Department of Collegiate Education)
Act, 2012.
(2) The provisions of this Act shall be applicable to teaching or non- teaching staff of the
Department of Collegiate Education except the post of the Director, Additional Director, Joint
Director, Deputy Director.
(3) It shall come into force from such date as the State Government may, by notification,
appoint.
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
(a) "appointment" means appointment by direct recruitment, by posting or by promotion;
(b) "appointing authority" means the concerned authority competent to make appointment to
any post in the Karnataka Collegiate Education Department Service.
(c) "competent authority" means the authority competent to make orders of transfer or
appointment of staff of the Department of Collegiate Education:
Provided that the Government shall be the competent authority to issue appointment or
transfer orders in res pect of Principals. The Commissioner of Collegiate Education shall be the
competent authority to issue appointment or transfer orders to other teaching or non-teaching staff;
(d) "deputation" means deployment of the services of staff, fully or partially, from one Office/
Government First Grade College of the Department of Collegiate Education where he is working to
another Office or Government First Grade College without shifting the lien;
(e) "Government First Grade College" means all First Grade Col leges belonging to the
State Government in whatever name they are called;
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(f) "non-teaching staff" means a person appointed to any category of non- teaching posts
of Group-A, Group-B Group-C or Group -D in various offices or Government First G rade College
or Department of Collegiate Education belonging to the State Civil Services and such other posts as
specified in the Schedule.
(g) "principal" means a person appointed to a category of post of a Principal Grade-1 (U.G.)
or Principal Grade-II (P.G) in a Government First Grade College belonging to the Department of
Collegiate Education specified in the Schedule.
(h) "Process of Counseling" means, the process of computerized counseling by giving
opportunity to a person considered for appointment or a Government servant considered for transfer
to opt a place or post on priority which is being given based on the length of the service put in by him
in the place where he is working and such other criteria as may be prescribed.
(i) "Sta ff of Department of Collegiate Education" means Principal, teaching staff or non-
teaching staff of the Department of Collegiate Education".
(j) "Schedule" means Schedule appended to this Act;
(k) "teaching Staff" means,-
(i) a person appointed to any of the category of teaching posts such as professor,
Associate Professor/Assistant Professor in a Government First Grade College
belonging to the Department of Collegiate Education Services as specified in the
Schedule;
(ii) a person appointed to the category of posts of Librarian in a Government First
Grade College belonging to the Department of Collegiate Education Services as
specified in the Schedule; and
(iii) a person appointed to the category of posts of Physical Culture Instructor in a
Government First Grade College belonging to the Department of Collegiate
Education Services as specified in the Schedule.
(l)" transfer" means posting of a staff from one post or office to another post or office from one
place of worki ng to a post in another place of working and includes transfer within or outside the
same Zone or cadre;
(m) "Unit of Seniority" means,-
(i) for the purpose of posting of Principal, all teaching and non -teaching staff
(except in the category of Group -D posts), of the Department of Collegiate Education shall
be the State.
(ii) for Group-D category of posts of the Department of the Collegiate Education, the
unit of seniority shall be the district.
(n) "Zone" means the specific areas classified as zone for purpose of transfer of staff and:-
I. "Zone-A" means,-
(a) the areas falling under the Bruhath Bangalore Mahanagara Palike (BBMP) limits and
the area falling under Bangalore Development Authority (BDA) limits;
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(b) the areas falling under t he limits of City Corporations constituted under the
Karnataka Municipal Corporations Act, 1976; and
(c) the areas falling under the limits of District Head Quarters and City Municipal
Council/ City Municipality of all Districts.
II. "Zone-B" means the areas falling under the Taluk Head Quarters and Town Municipality
of all Districts, excluding the area falling under Zone –A;
III. "Zone-C" means the areas falling out side Zone-A and Zone-B.
(2) other words and expressions used but not defined in this Act shall have the same
meaning assigned to them in the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of
1990).
3. Compulsory appointment of a Principal, teaching or non- teaching staff to Zone- C.-
(1) Every appointing authority while making initial appointment of a Principal, teaching or non-
teaching staff to various offices/ Government First Grade College of the Department of Collegiate
Education shall ensure that vacancies in zone-C shall be filled in the first instance.
(2) If no vacancy is available for initial appointment or transfer a vacancy may be created by
transfer of a Principal, teaching or non- teaching staff who has completed minimum number of years
of service or more number of years of service to another Zone in the order of priority from Zone-C to
Zone –B and Zone-B to Zone-A:
Provided that the above condition shall not be applicable to the cadre where there is no post
is available in any zone.
(3) (a) The minimum length of services required to be completed, to become eligible for
transfer is Zone- C, Zone-B and Zone-A shall be as stipulated in the rules.
(b) if, no Principal, teaching or non- teaching staff is available who has completed minimum
length of service, a person who has completed max imum number of years below the stipulated
period as Principal, teaching or non-teaching staff may be considered for transfer as above:
Provided that, in a case, any Principal, teaching or non- teaching staff is who is serving in
Zone-C is eligible t o be transferred to Zone -B and similarly in case a Principal, teaching or non-
teaching staff who is serving in Zone- B is eligible to be transferred to Zone- A but if, he desires to
continue to serve in Zone-C or Zone-B, as the case may be, he may be allowed to continue to serve
in their respective Zones.
Explanation:-order of priority shall be calculated interalia, on the basis of the total number
of years of service, of a Principal, teaching or non-teaching staff in a zone in different cadres and on
the basis of any other criteria as may be prescribed.
(c) A Principal, teaching or non- teaching staff who is in Zone – A or Zone- B and who is
undergoing any time bound – penalty imposed under the Karnataka Civil Services( Classification
Control and Appeal) Rules, 1957 or who is facing any criminal charges in court of law may be
transferred to Zone -C, if no vacancy is available in Zone- C, a vacancy may be created in the
manner specified in sub-section (2):
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Provided that if, such Principal, teaching or non-teaching staff is working in Zone-C, he shall
be transferred from the place where he is working to another place in the same Zone, but he shall
not be transferred outside Zone- C till the completion of such disciplinary proceedings, criminal
proceeding or penalty as the case may be.
4. Transfer by Counseling. - Transfer of a Principal, teaching or non- teaching staff under
this Act shall be through a process of counseling conducted in such manner as may be prescribed.
Provided that a per son who is working in the Department of Collegiate Education, in the
category of Group-D posts may be transferred within the District.
Provided further that a person working in the Department of Collegiate Education, in the post
of Group-D category ma y be transferred from one District to another District only on his/her
request.
5. Transfer of Principal, teaching or non- teaching staff (excluding Group -D) in the
interest of public service.- (i) Principal, teaching or non-teaching staff who is in service on the date
of commencement of this Act and has served in any Office or Government First Grade College of
the Department of Collegiate Education continuously for more than prescribed number of years in the
same place in any of the Zone-C shall be transferred to another Zone in public interest.
Provided that Principal, teaching or non-teaching staff who has less than two years of service
for superannuation shall not be transferred outside the limits of Zone –A unless on his request.
6. Restriction on transfer.- The total number of such transfers in a unit of seniority shall not
exceed eight percent of the sanctioned strength of respective cadre in that unit of seniority.
Provided that, out of 8% of total number of transfer as mentioned above, the percentage of
transfers to be made under special category shall be as prescribed.
7. Shifting of Posts. - If sufficient workload is not available for Teaching staff in any
Government First Grade College of the Department of Collegiate Education in any subject, such
number of post as determined as surplus may be shifted to any other College within the same Zone
where the workload is sufficient, by the competent authority.
Provided further that if such Office or College with suffici ent workload in that subject or
cadre is not available in the same Zone , such number of posts in that subject may be shifted from
Zone –C to Zone-B and from Zone-B to Zone A.
8. Transfer of Teaching Staff/Non – Teaching Staff working in a shifted post. -The
teaching or non-teaching Staff working in the posts shifted as per the section- 7 shall be transferred
in the same zone as per section 3, 4 and 5.
9. Exceptions to the tenure.- In the case of transfer, the minimum period of stay in a place
or zone as may be prescribed from time to time , shall be relaxed in the following cases namely:-
(i) In the case of both the spouses being Government employees and if one of the spouse is
working in a different zone then the other spouse may be transferred to the sa me place or nearby
place if he is in the same zone subject to availablity of clear vacancy;
(ii) Where a Principal, teaching or non-teaching staff is a widow;
(iii) Where a Principal, teaching or non-teaching staff is physically challenged;
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(iv) Where a Principal, teaching or non- teaching staff has a spouse or children and they are
suffering from serious ailment, for which medical treatment is not available at his place of work and
his transfer is necessary to a place where such treatment is available so as to provide the required
medical treatment. Provided that no transfer shall be considered unless the Principal, teaching or
non-teaching staff concerned produces a certificate from the District Medical Board Specifying the
nature of ailment, stating the fact that the required treatment is not available at his place of work,
specifying the place where the required treatment is available and certifying that his transfer is
necessary to such a place to provide him the required medical treatment.
10. Regulation of deputation. - In unavoidable circumstances where deputation from one
Office or Government First Grade College to the Department of Collegiate Education to another
Office or Government First Grade College of the Department of Collegiate Educa tion becomes
absolutely necessary, then such deputation of teaching or non- teaching staff shall be made within
the same zone.
11. Penalties. - If, any competent authority or any officer or Authority makes an order of
posting or appointment or transfer in contravention of the provisions of this Act or the rules made
thereunder , such competent authority or officer or Authority as the case may be, shall be liable for
disciplinary action under the disciplinary rules applicable to civil servants.
12. Cognizance of offences.-No court shall take cognizance of any offence under this Act
except on a complaint made in writing by an officer authorized by the Government by notification
published in this behalf in the official Gazette.
13. Act to override other la ws.- The provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being in force.
14. Power to remove difficulties .- If any difficulty arises in giving effect to the provisions of
this Act, the State Government may by order published in the official Gazette make provisions not
inconsistent with the provisions of this Act as it appear to be necessary or expedient for removing
the difficulty.
15. Power to amend the schedule. - The State Government may, by notification, add, alter
or remove any of the entries specified in the Schedule.
16. Protection of action taken in good faith. - No suit, prosecution or other legal
proceeding shall lie against any officer of the Government for anything done in good faith or
intended to be done under this Act.
17. Power to make rules.- (1) The State Government may by notification and after previous
publication, make rules or amend rules from time to time to carry out the purposes of this Act.
(2) Any rule made under this Act may be made with retrospective effect and when such a rule
is made, the reasons for making the rule shall be specified in a statement to be laid before both
Houses of the State Legislature and subject to any modification made under sub - section(3). Every
rule made under this Act shall have effect as if it enacted under this Act.
(3) Every rule made or notification issued under this Act 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
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thirty days, which may be comprised in one session or in two or more successive sessions, and if
before the expiry of the session in which it is so laid or the sessions immediately following both
Houses agree in making any modification, in the rule or notification or decide 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 rules or
notification.
18. Transitory provision. - Any rule, notification, order or appointment, made or issued
under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) or otherwise
providing for or relating to any of the matters for the furtherance of which this Act is an enacted,
before the commencement of this Act and in force on the date of commencement of this Act, to the
extent they are not inconsistent with the provisions of this Act, shall continue to be in force and
effective as if they are made or issued or appointed under the corresponding provisions of this Act
unless and until superseded by anything done or any Act action taken or any rule, notification, order
or appointment made under this Act.
SCHEDULE
(see section 2(f), (g) and (j) and section 12
SL
NO.
DESIGNATION OF THE POSTS OF THE DEPARTMENT OF
COLLEGIATE EDUCATION.
(1) (2)
1. Government First Grade Colleges- Principal Grade-I(PG)
2. Government First Grade Colleges- Principal Grade-I(UG)
3. i. Lecturers/ Associate Professors
ii. Lecturers/ Associate Professors
iii. Librarians
iv. Librarians Senior Scale
v. Librarians Selection Grade
vi. Physical Culture Instructor
vii. Senior Scale Physical Culture Instructor
viii. Selection Grade Physical culture Instructor
4. Assistant Director
5. Manager
6. Superintendent /Warden
7. First Division Assistant
8. Second Division Assistant
9. Stenographer
10. Senior Typist
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11. Typist
12. Library Assistant
13. Senior Driver
14. Driver
15. Attender
16. Peons /equal cadres
The above translation of PÀ£ÁðlPÀ gÁdå ¹«¯ï ¸ÉêÉUÀ¼À (PÁ¯ÉÃdÄ ²PÀët E¯ÁSÉAiÀÄ ¹§âA¢AiÀÄ ªÀUÁðªÀuÉ
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clause (3) of Article 348 of the Constitution of India.
H.R.BHARDWAJ
GOVERNOR OF KARNATAKA
By Order and in the name of the Governor of Karnataka
K. DWARAKANATH BABU
Secretary to Government (I/c),
Department of Parliamentary
Affairs and Legislation.
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