LexThe KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFERS AND POSTINGS OF FOREST OFFICERS AND OTHER OFFICIALS) ACT, 2016
Karnataka · state statute
Open in Lexace · Ask the AI about this act KARNATAKA ACT NO 09 OF 2017
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFERS AND POSTINGS
OF FOREST OFFICERS AND OTHER OFFICIALS) ACT, 2016
Arrangement of Sections
Sections:
1. Short title and commencement
2. Definitions
3. All initial appointments, transfers and postings shall be done through counseling
4. Transfer of Forest Officer or Other officials in Public interest
5. Bar on consecutive posting in certain category of posts
6. Tenure of each posting and certain other exemptions
7. Regulation of Deputation
8. Powers of Competent Authority
9. Penalties
10. Power to remove difficulties
11. Power to amend the Schedule
12. Protection of action taken in good faith
13. Power to make rules:
14. Act to override other laws
STATEMENT OF OBJECTS AND REASONS
It is considered necessary to regulate transfer and posting of Deputy Range Forest Officers,
Forest Guards and Forest Watchers of Forest Department thereby achieving the following objectives,
namely:-
(a) Provide equal opportunity to lower level field staff in selecting place of their choi ce during
transfers; and
(b) Improve administrative efficiency and discipline in the staff.
Hence, the Bill.
[L.A. Bill No.34 of 2016, File No. Samvyashae 32 Shasana 2015]
[entry 41 of List II of the Seventh Schedule to the Constitution of India]
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KARNATAKA ACT NO 09 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the Fourth day of January,
2017)
THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFERS AND
POSTINGS OF FOREST OFFICERS AND OTHER OFFICIALS) ACT, 2016
(Received the assent of the Governor on the Thirty First day of December, 2016)
An Act to provide for regulation of transfers and postings of forest officers and other
officials of the Department of Forest in critical and other areas.
Whereas, it is expedient t o provide for regulation of transfer of forest officers and
other officials of the Department of Forest in critical and other areas and for the matters
connected therewith or incidental thereto;
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 State
Civil Services (Regulation of Transfer of Forest Officers and other officials) Act, 2016.
(2) It shall come into force from such date as the State Government may, by
notification, appoint.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) “Appointment” means appointment by direct recruitment or by promotion on
officiating basis of Forest Officer or other officials;
(2) “Appointing authority” means the authority competent to make appointment
to the respective cadres;
(3) “Category of post” means a class of posts as specified below, namely:-
Categorization of Posts specified in Schedule I – officers and officials
Category 'A' Collateral posts. Posts other than those specified in category 'B'
and 'C', based on the cadres of the Forest
department
Category 'B' Wildlife posts and
Interstate boundary
(territorial) posts.
Posts of Wildlife Division and Interstate boundary
(territorial) { G.O dated 02.05.2
Category 'C' Territorial posts. Posts having statutory powers under the
Karnataka Forest Act, 1964 and Rules made
there under.
Categorization of Posts specified in Schedule II – Other Officials
Category 'A' Posts other than those posts specified in category 'B'
and 'C' location
Category 'B' Posts in Taluk Headquarters
Category 'C' Posts in District, Division, Circle or State
Headquarters.
(4) “Collateral Posts” means all posts other than (wildlife, interstate boundary
(Territorial) and territorial posts);
(5) “Competent authority” means the authority competent to make transfer of a
Forest Officer or other officials;
(6) “Counseling” means enabling and guiding a forest officer or other official to
opt for a place of his choice on transfer or posting from among the posts
notified as available;
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(7) “Department” means Karnataka Forest Department;
(8) “Forest Officer” means an officer appointed to any of the posts specifie d in
Schedule I;
(9) “General Transfer” means the period notified by the Government for transfer
or posting of Forest officers or other staff who have completed their normal
tenure or to a vacant post;
(10) “Government” means the Government of Karnataka;
(11) “Government Institution” includes a Training center, an administrative office
or any other institution by whatever name called and established by the
Government belonging to Forest Department;
(12) “Interstate boundary” means Karnataka State boundar y with Neighboring
States;
(13) “Other officials” means officials appointed to any of the posts specified in
Schedule II;
(14) “Post” means post or an official position duly created by Government under
the Department to discharge certain public duties and responsibilities;
(15) “Prescribed” means prescribed by rules by the Government;
(16) “Schedule” means schedule appended to this Act;
(17) “Tenure” means the minimum period required to work in a place or post as
may be prescribed by rules;
(18) “Territorial post” means a post having statutory Powers under the Karnataka
Forest Act, 1963 and the Karnataka Forest Rules, 1967;
(19) “Transfer” means transfer of a forest officer or other official from one place or
post to another place or post;
(20) “Wildlife post” means a post in the area notified as wildlife division under
Wildlife (Protection) Act, 1972 (Central Act 53 of 1972).
3. All initial appointments, transfers and postings shall be done through
counseling.- (1) All Initial appointments a nd subsequent transfers and postings of all
Forest officers and other officials shall be done through a process of counseling conducted
in the prescribed manner.
(2) Any Forest officer or other official on initial appointment or promotion shall be
compulsorily posted to category 'A' posts.
(3) Every Forest officer or other official who has completed the minimum tenure in a
category 'A' post shall be entitled for transfer or posting to category 'B' post. Every Forest
officer or other official who has compl eted minimum tenure in category 'B' posts shall be
entitled for transfer or posting to category 'C' posts and every Forest officer or other official
who has completed minimum tenure in category 'C' posts shall be eligible to be transferred
or posted to category 'A' posts by rotation.
(4) Any Forest officer or other official, who is in service on the date of commencement
of this Act and has put in more than ten years but has not served in any Category 'A' post
shall be transferred and posted to a Category 'A' post forthwith on priority.
(5) No Forest officer or other official who has attained the age of 55 years shall be
entitled for posting to a post in category 'B' and 'C'.
Provided that, no forest officer or other official, during his entire service in any cadre,
shall be posted to a Vigilance or Forest Mobile Squad or Check Post for a period exceeding
two years and also shall not be posted to these posts in their native districts.
(6) The Competent Authority may relax sub -section (3) in respect of officers and
officials covered under sub-section(2) of section 6.
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4. Transfer of Forest Officer or Other officials in Public interest .- Generally
transfers shall be done during general transfer period. If any post in the department is
considered as criti cal post as may be notified by the Competent Authority for the
management of any particular forest area or a particular office and if no suitable person
has opted to work in that post during general transfers, the Competent Authority may suo -
moto appoint any suitable person to that post in public interest from among the eligible
forest officers or other officials as the case may be.
5. Bar on consecutive posting in certain category of posts .- No officer or official
shall be posted to any category B or category C post more than once consecutively.
6. Tenure of each posting and certain other exemptions.- (1) The tenure for each
category of posts shall be as prescribed by rules. Every Forest officer or other official shall
be given the opportunity to complete h is tenure except in cases where disciplinary
proceedings are contemplated or initiated against him.
(2) Tenure requirements may be waived or relaxed in accordance with the provisions
made in the rules in following cases, namely:-
(i) in the case of both h usband and wife being State Government or Central
Government employees and if one of the spouse is working in a different place,
then the other spouse may be transferred to the same place or nearby place if
he is in the same place subject to availability of clear vacancy;
(ii) if an employee is a widow;
(iii) if an employee is physically challenged;
(iv) if an employee 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 transfers shall be considered unless the concerned employee
produces a certificate from the District Medical Board Specifying the nature of ailment,
certifiying the fact that the required treatment is not available at hi s place of work,
specifying the nearest 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.
(3) No forest officer or other official shall be entitled for a posting in his native taluk
except during the last two years before superannuation.
(4) No forest officer or other official who was suspended shall be posted to the same
post from which he was suspended or to any post in category B and C after reinstatement.
7. Regulation of Deputation.- In unavoidable circumstances where deputation from
one office to another office becomes absolutely necessary, then such deputation of officers
or officials shall be made within the same category of posts.
8. Powers of Competent Authority.- The Competent Authority is empowered to
effect the transfer or postings of Forest officers and other officials during the period other
than General transfer to a clear vacancies only in the following cases, namely:-
(a) in the event of disciplinary action or proceedings; or
(b) consequent on the re-deployment of surplus staff or posts, if any,
9. Penalties.- If, any competent authority makes or any Government servant 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 the Government servant as the
case may be, shall be liable for disciplinary action under the relevant disciplinary rules
applicable to such civil servant.
10. Power to remove difficulties.- If any difficulty arises in giving effect to the
provisions of this Act, the Government may, by order published in the official Gazette make
provisions not inconsistent with the provisions of this Act, as it app ears to be necessary or
expedient for removing the difficulty,
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Provided that, no such order shall be made after the expiry of a period of two years
from the date of commencement of this Act.
11. Power to amend the Schedule. - The Government may, by notifi cation, add or
alter any entries specified in the Schedule I and II.
12. Protection of action taken in good faith. - No suit, prosecution or other legal
proceedings shall lie against any officer of the Government for anything done or intended to
be done under this Act in good faith.
13. Power to make rules : (1) The Government may, by notification and after
previous publication, make rules to carry out the purposes of this Act.
(2) Every rule made under this Act shall, immediately after it is made, be laid before
the Legislature of the State, if it is in session and if it is not in session, in the session
immediately following for a total period of fourteen days which may be comprised in one
session or in two successive sessions and if, before the expiration of the session in which it
is so laid or the session immediately following the Legislature of the State agrees in making
any modification in the rule or in the annulment of the rule, the rule shall, from the date
on which the modification or annulment is notified, have effect only in such modified form
or shall stand annulled 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.
14. Act to override oth er laws. - The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law of the State for
the time being in force.
SCHEDULE – I
[see section 2 (8) and section 11]
List of Forest Officers
Sl. No. Cadre of posts
1 Deputy Range Forest Officers
2 Forest Guards
3 Forest Watchers
SCHEDULE – II
[see section 2 (13) and section 11]
List of Other Officials
Sl. No. Cadre of posts
1 Such category of posts as may be notified by the
Government.
The above translation of PÀ£ÁðlPÀ gÁdå ¹«¯ï ¸ÉêÉUÀ¼À (CgÀtå C¢üPÁjUÀ¼ÀÄ ªÀÄvÀÄÛ EvÀgÀ ¹§âA¢AiÀÄ
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clause (3) of Article 348 of the Constitution of India.
VAJUBHAI VALA
GOVERNOR OF KARNATAKA
By order and in the name of the
Governor of Karnataka,
K. DWARAKANATH BABU
Secretary to Government
Department of Parliamentary Affairs