The KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF DEPARTMENT OF TECHNICAL EDUCATION) ACT, 2012

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KARNATAKA ACT NO. 12 OF 2013
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF
DEPARTMENT OF TECHNICAL EDUCATION) ACT, 2012
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title and commencement
2. Definitions
3. Compulsory appointment of a Principal / Teaching / 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 or 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 12 of 2013.- It is considered necessary to regulate transfer of teaching and non-teaching
staff in Government Engineering Colleges, Polytechnics and Gove rnment Junior Technical
Schools/Steric of the Department of the Technical Education in order to ensure availability of
teachers in rural areas by classifying rural areas as Zone- A, Zone-B and Zone- C depending on the
distance from the limits of city corporation, city municipal council, town municipal council, town
panchayat, district headquarters or taluk headquarters and also to provide for,-
(1) To transfer a teacher to a rural area on his initial appointment and also to transfer a
teacher to a rural area on his immediate next transfer who has not worked before the
commencement of this Act in any rural area;
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(2) Not to transfer any teacher outside the Zone -C who is appointed in a Zone- C before the
completion of prescribed number of years to another zone in the orde r of priority from
Zone-C to Zone-B and Zone-B to Zone-A;
(3) To prohibit transfer of a teacher 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.C. Bill No. 05 of 2012, File No. Samvyashae 75 Shasana 2012]
[Entry 41 of List II of the Seventh Schedule to the Constitution of India.]

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KARNATAKA ACT NO. 12 OF 2013
(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of February, 2013)

THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF
DEPARTMENT OF TECHNICAL EDUCATION) ACT, 2012
(Received the assent of the Governor on the Second day of February, 2013)
An Act to provide for regulation of transfer of Principals, Teaching and Non- Teaching staff of
Department of Technical Education so as to ensure the availability of Principals, Teaching and Non-
Teaching staff in Government Engineering Colleges/ Government Polyt echnics and Government
Junior Technical Schools/ Steric of the State.
Whereas it is expedient to provide for regulation of Transfer of staff of Department of
Technical Education so as to ensure transparency and availability of Principals/Teaching/ Non-
Teaching staff in Government Engineering Colleges/Government Polytechnics and Government
Junior Technical Schools/Steric throughout the state and for the matters connected therewith or
incidental thereto:
Be it enacted by the Karnataka State Legislatur e 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 Technical College)
Act, 2012.
(2) The provisions of this Act shall be applicable to teaching and non- teaching staff of the
Department of Technical Education except the post of the Director, Additional Director, Joint Director,
Deputy Director.
(3) It shall come into force from suc h date as the State Government may, by notification,
appoint.
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2. Definitions.- In this Act, unless the context otherwise requires,-
(a) "Appointment" means appointment by direct recruitment or by posting or by promotion;
(b) "Appointing authority" means the concerned authority competent to make appointment to
any post in the Karnataka Technical Education Department Service.
(c) "Competent authority" means the authority competent to make orders of transfer or
appointment of staff of the Department of Technical Education.
Explanation;- (1) The Government shall be the competent authority to issue appointment and
transfer orders in respect of all the officials coming under the Group A Cadre.
(2) The Director of Technical Education shall be the competent authority to issue
appointment and transfer orders in respect of all the offi cials coming under the Group B cadre and
Group C cadre above the rank of second division Assistant.
(3) The Administrative officer of the Technical Education shall be the competent authority to
issue appointment and transfer orders in respect of all Group D staff;
(d) “College or Institution of Department of Technical Education” means,-
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(i) "Government Engineering College" belonging to Government coming under purview of
the Department of Technical Education;
(ii) "Government Polytechnic" belonging to Government coming under purview of the
Department of Technical Education;
(iii) "Government Junior Technical School" belonging to Government coming under purview
of the Department of Technical Education.
(e) "deputation" means deployment of the services of staff, fully or partially, from one Office/
Government Engineering Colleges/ Government Polytechnics and Government Junior Technical
Schools/ Steric of the Department of Technical Education where he is working to another Office or
Government Engineering Colleges / Government Polytechnics and Government Junior Technical
Schools/ Steric without shifting the lien;
(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 offic es or Government Engineering
Colleges or Government Polytechnics and Government Junior Technical Schools or Steric of the
Department of Technical Education belonging to the State Civil Services and such other posts as
specified in Schedule.
(g) "Principal" means a person appointed to a category of post of a Principal in the
Government Engineering Colleges, Principal Grade -I or Grade -II in Government Polytechnic or
equivalent post of Deputy Director/ Assistant Director in the Directorate of Technical Education,
principal in Government Junior Technical School belonging to the State Civil Services and such
other equivalent posts as specified in the Schedule.
(h) "Process of Counseling" means, the process of computerized counseling by givi ng
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) "Schedule" means Schedule appended to this Act;
(j)"Steric" means State Technical Education Resources and Information Centre coming
under the purview of the Department of Technical Education.
(k) "teaching Staff" means,-
(i) a person appointed to any of the category of posts of Associate Professor/Assistant
Professor/ Professor/Librarian /Assistant Director of physical Education and sports/
Placement Officer in Government Engineering College belonging to the St ate Civil
Services and such other posts as specified in the Schedule.
(ii) A person appointed to the category of posts of Head of Section, Lecturer and
Assistant Lecturer in a Government Polytechnic belonging to the State Civil Services
and such other posts as specified in Schedule.
(iii) A person appointed to the category of posts of Lecturer and Assistant Lecturer in a
Government Junior Technical School belonging to the State Civil Services and such
other posts as specified in Schedule.
(l)" transfer" means posting of a staff to a post in a place of working, from one place of
working to a post in another place of working and includes transfer within or outside a Zone in the
same cadre;
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(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 Technical Education shall be the state;
(ii) for the Group-D category of posts, of the Department of the Technical Educa tion the unit
of Seniority shall be the District.
(m) "Zone" means the specific areas classified for transfer of staff and,-
(i) "Zone-A" means,-
(a) the areas falling under Bruhath Bangalore Mahanagara Palike (BBMP) limits and
the area falling under Bangalore Development Authority (BDA) limits;
(b) the areas falling under the limits of City Corporations constituted under the
Karnataka Municipal Corporation’s Act 1976; and
(c) the areas falling under the limits of District Head Quarters and Ci ty Municipal
Council or City Municipality of all District.
(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 / Non / Teaching staff to
Zone-C.- (1) Every appointing authority while making initial appointment of a Principal /Teaching
/Non-Teaching staff to any College or Institution of the Department of Technical 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/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/Non - Teaching staff is available who has completed minimum
length of service, a person who has completed maximum number of years below the stipulated
period as Principal, teaching or non- teaching staff may be considered for transfer as above:
Provided that in case any a Principal, teaching or non- teaching staff is staff who is serving
in Zone-C is eligible to 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.
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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).
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/Non - Teaching staff under
this Act shall be through a process of counseling conducted in such manner as may be prescribed:
Provided that a person who is working in the Department of Technical Education, in the
category of Group-D posts may be transferred within the District
Provided further that a person working in the Department of Technical Education, in the
post of of Group- D category may be transferred from one District to another District only on
his request.
5. Transfer of Principal, teaching or non- teaching staff (excluding Group -D) in the
interest of public service.- Principal, teaching or non- teaching staff who is in service on the
date of commencement of this Act and has served for more than prescribed years continuously
in any Office, College or Institution of the Department of Tech nical Education in the same place in
Zone-A shall be transferred to Zone-C.
Provided that no Principal, teaching or non- teaching staff who has less than two years of
service for superannuation shall 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 percent 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 College
or Institution of the Department of Technical Education in any subject, such number of post as
determined as surplus may be shifted to any other College or Institution within the same Zone
where the workload is sufficient, by the competent authority.
Provided further that if such O ffice or College or Institution with sufficient workload in that
subject, cadre is not available in the same Zone , such number of posts in that or subject may be
shifted from Zone –C to Zone-B and from Zone-B to Zone A.
8. Transfer of teaching Staff or non –teaching staff working in a shifted post. -The
teaching or non-–teaching staff working in the posts shifted under section 7 shall be transferred in
the same zone under section 3, 4 and 5.
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9. Exceptions to the tenure.- In the case of transfer, the m inimum 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 husband and wife being State Government employees and if one of the
spouse is working in a different zone then the other spouse may be transferred to the same 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;
(iv) Where a Principal, teaching or non - teaching staff has 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 or from one
Office, College or Institution of the Department of Technical Education to another Office, College or
Institution of the Department of Technical Education 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 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 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 laws.- 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 t he 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 t he 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.
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(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(14).
(3) Every rule under this Act shall have effect as if it enacted 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 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 fo r 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 (h) and section 12)
SL
NO.
DESIGNATION OF THE P OSTS OF PRINCIPAL, T EACHING NON -
TEACHING STAFF IN GO VERNMENT ENGINEERING COLLEGES,
GOVERNMENT. POLYTECH NICS, GOVERNMENT. JUNIOR TECHNICAL
SCHOOL, STERIC AND O FFICE OF THE DIRECTORA TE OF TECHNICAL
EDUCATION.
(1) (2)
1. Government Engineering Colleges-
1. Principal
2. Professors
3. Associate Professors
4. Associate Professors
5. Librarian
6. Assistant Director of Physical Education and Sports
7. Placement Officer
2. Govt. Polytechnics-
1. Principal Garde-II or equivalent post of Deputy Director in Directorate
of Technical Education.
2. Principal Grade-I equivalent post of Asst. Director/ Subject Inspecto r
in Directorate of Technical Education
3. Head of Department
4. Lecturer or an equivalent post of Senior Technical Assistant/
Technical Assistant/Research Officer / Development Officer/
Programmer/ System Analyst in the Directorate of Technical
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Education.
5. Asst. Lecturer
3. Govt. Junior Technical School-
1. Principal
2. Lecturer
3. Asst. Lecturer
Administrative and Technical Supporting staff
4. Assistant Administrative Officer, Director
5. Registrar/ public Relation Officer
6. System Analyst
7. Junior Programmer
8. Superintendent
9. Librarians
10. First Division Assistant
11. Stenographer
12. Second Division Assistant
13. Senior Data Entry Operator
14. Data Entry Operator
15. Typist
16. Workshop Superintendent
17. Foreman
18. Foremen/ Programmer in Computer Engg
19. Instructor
20. Asst. Librarian
21. Physical Cultural Instructor
22. Asst. Librarian
23. Mechanic
24. Auto Driver Mechanic
25. Camera man
26. Asst. Cameraman
27. Production Assistant
28. Graphics artist
29. Projectionist
30. Sound Recordist
31. Asst. Recordist
32. Driver
33. Group-D
i) Office Attender
ii) Helper
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iii) Head cook
iv) Peon
v) Watchman
vi) Sweeper
vii) Asst. Cook
viii) Cleaner (Hostel)

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Gazette under 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.S.Mudagal
Secretary to Government(I/C)
Department of Parliamentary
Affairs and Legislation

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