PREAMBLE
Whereas, the draft of
the Karnataka Civil Services (Regulation of Transfers of Staff of Department of
Collegiate Education) Rules, 2014 was published as required by sub-section (1)
of Section 17 of the Karnataka State Civil Services (Regulation of Transfer of
Staff of Department of Collegiate Education) Act, 2012 (Karnataka Act No. 6 of
2013), in Notification No. ED 154 DCE 2013, dated 28th February, 2014, in Part
IV-A of the Karnataka Gazette, Extraordinary, dated 28th February, 2014,
inviting objections and suggestions from all persons likely to be affected
thereby within thirty days from the date of the publication of the draft in the
Official Gazette.
Whereas, the said
Gazette was made available to the public on 28th February, 2014.
And whereas, objections
and suggestions received have been considered by the State Government.
Now, therefore, in
exercise of the powers conferred by sub-section (1) of Section 17 of the
Karnataka State Civil Services (Regulation of Transfer of Staff of Department
of Collegiate Education) Act, 2012 (Karnataka Act No. 6 of 2013), the
Government of Karnataka hereby makes the following rules, namely.--
Rule - 1. Title and commencement.--
(1) These rules may be
called the Karnataka Civil Services (Regulation of Transfers of Staff of Department
of Collegiate Education) Rules, 2014.
(2) They shall come into
force on the date of their publication in the Official Gazette.
Rule - 2. Definitions.--
(1) In these rules,
unless the context otherwise requires.--
(a) "Act" means
the Karnataka State Civil Services (Regulation of Transfer of Staff of
Department of Collegiate Education) Act, 2012;
(b) "Government"
means the "State Government of Karnataka;
(c) "Proforma"
means proforma appended to these rules;
(d) "Project"
means a research work awarded to a teaching staff by UGC, State Government or
Statutory Agency for a specific period;
(e) "Serious
Ailments" means.--
(i) List of diseases as
notified by the Government in case of employee;
(ii) List of diseases as
notified by the Government in case of employee's spouse and children.
(2) Other terms and
expressions used, but not defined in this rules shall have the same meaning
assigned to them in the Karnataka State Civil Services (Regulation of Transfer
of Staff of Department of Collegiate Education) Act, 2012 (Karnataka Act No. 6
of 2013).
Rule - 3. Minimum length of service required to be completed by a staff.--
The minimum length of
service required to be completed by a staff in any Zone to become eligible for
transfer in any Zone shall be as stipulated below.--
TABLE
|
|
|
Minimum length of service to be
completed in any zone to become eligible for transfer
|
|
1.
|
Principal, Grade-I (UG) or Principal,
Grade-II (PG)
|
04 years
|
|
2.
|
Group 'B' Teaching and Non-teaching
Staff
|
05 years
|
|
3.
|
Group 'C' Non-teaching Post
|
06 years
|
|
4.
|
Group 'D' Non-teaching Post
|
08 years
|
Rule - 4. Transfer of Principal, teaching or non-teaching staff (excluding Group 'D') in the interest of public service.--
The teaching and
non-teaching staff who have completed minimum number of years of service as stipulated
in Rule 3 shall be transferred by preferring persons who have completed more
number of years of service in a particular place or zone commencing from Zone A
and these vacancies shall be published and filled up, by the procedure of
computerized counselling as prescribed in Rule 11.
Rule - 5. Procedure for compulsory appointment in Zone 'C'.--
(1) The number of
vacancies equivalent to the number of initial appointments to be made shall be
created in Zone C as prescribed under Section 3 of the Act. In the case of
sufficient vacancies are not available, the number of posts to be filled has to
be created by transferring the incumbent staff in the same cadre, by the
procedure of counselling as laid down in Rule 11. The number of vacancies so
created has to be notified and uploaded on the website on the Department for
general information.
(2) After completion of
the process as laid in Rule 11, the process of computerised counselling for the
new appointments have to be taken up in the order of priority which shall be by
his seniority, however in case of candidates who belong to Physically
Challenged Category, shall be given preference for counselling irrespective of
their seniority.
Rule - 6. Procedure for compulsory posting on promotion in Zone C.--
(1) The number of
vacancies equivalent to the number of promotions to be made shall be created in
Zone C as envisaged in Rule 4 of these rules.
(2) Order of priority.--
The Order of priority
of posting on promotion through computerized counselling shall be as given
below.--
(i) Physically
challenged;
(ii) Serious ailments of
spouse and children;
(iii) In the Case of spouse
being Government employee;
(iv) Widow;
(v) General cases.
Rule - 7. Exemption from transfers.--
Transfers of
Principal, teaching or non-teaching staff have been exempted in the following
cases.--
(1) A Principal, teaching
or non-teaching staff who has less than two years of service for superannuation
shall not be transferred outside the limits of his/her working Zone unless on
his/her request.
(2) The transfer of any
probationer should not be made until satisfactory declaration of the
probationary period. Thereafter, they shall be transferred subject to provision
of this rule.
(3) A teaching staff who
has undertaken a project shall not be transferred for a maximum of three years
or till the completion of project, whichever is earlier (Proforma 7)
Rule - 8. General transfer period.--
All transfers whether
on public interest or on request may be done between the month of March and
June in a calendar year or as notified by the Government.
Rule - 9. Restriction on transfer.--
(1) The percentage of
transfers to be made under special category shall be as specified below,
namely.--
TABLE
|
Sl. No.
|
Category
|
Percentage of transfers
|
|
1.
|
General cases
|
4%
|
|
2.
|
Spouse cases
|
1%
|
|
3.
|
Widow cases
|
1%
|
|
4.
|
Physically challenged cases
|
1%
|
|
5.
|
Serious ailments
|
1%
|
|
|
Total
|
8%;
|
Provided that, if no
eligible candidates are available in any of the above mentioned categories
(excluding general cases) the Competent Authority shall re-appropriate the
percentage reserved for the category to general category.
Rule - 10. Exception to the tenure.--
In the case of
transfer, with the exception of general cases the minimum period of stay in a
place or zone, is relaxed by 2 years in respect of special cases enlisted in item
2 to 5 of the Table under Rule 9.
Rule - 11. Procedure for conducting computerised counselling.--
(1) The time-table for
conducting computerised counselling for transfer of Principal, teaching and
non-teaching staff on request and in public interest must be prepared and
published as follows, namely.--
(a) The subject-wise
workload available, the subject-wise sanctioned, working strength and vacant
posts and other details shall be submitted by all Principals in the prescribed
Proforma 1;
(b) Publication of notification
enumerating vacancy of Principal, teaching and non-teaching posts (Proforma 2);
(c) Last date for
submission of applications for transfer on request;
(d) Scrutiny and
certification of applications submitted;
(e) Publication of
provisional merit list;
(f) Last date for filing
of objections;
(g) Publication of final
merit list.
(2) Application for
transfer.--
The Principal,
teaching and non-teaching staff desiring for transfer shall submit application
to Competent Authority in the Proforma 3 and the correctness of information
furnished in the application has to be verified and certified by concerned
reporting authority. If the information furnished in transfer application is
found to be incorrect, then suitable disciplinary action shall be taken against
the applicant as per Karnataka Civil Services (Classification, Control and
Appeal) Rules, 1957. After verification of the application, the data is to be
computerised.
(3) Preparation of
priority list.--
(a) The priority list of
staff pertaining to any cadre shall be prepared based on the number of years
served in a particular place or zone in descending order. If the number of
years served is equal the seniority based on the last operated gradation list
shall be considered and the senior would have precedence in the counselling.
(b) While preparing the
priority list of staff pertaining to any cadre as per clause (a), the said list
shall be prepared as per the following order of priority.--
(i) Physically
challenged;
(ii) Serious ailments of
spouse and children;
(iii) In the case of spouse
being Government employee;
(iv) Widow;
(v) General cases.
(c) The Competent
Authority shall prepare provisional priority list in Proforma 4 as per
procedure enumerated above and notify the same for submission of objections
within period of seven days on website. On receipt of objections from
Principal, teaching and non-teaching staff, they may be considered or rejected
on basis of its validity and the final priority list shall be published in
Proforma 5.
(4) Transfers in public
interest through process of computerised counselling.--
The teaching or
non-teaching staff on the receipt of the notice in Proforma 6 shall appear to
the counselling centre in the order of priority to select any of the posts
displayed within the allotted time. In the event of the staff not appearing for
counselling in the stipulated time or appears for counselling and fails to
select any of the post in the stipulated time, then the Competent Authority is
empowered to transfer and post the staff against the available vacancy at the
end of the counselling.
(5) Transfers on request
through process of computerized counselling.--
The applicant on the
receipt of the notice in Proforma 6(a) shall appear to the counselling centre
and select any of the posts displayed within the allotted time. In the event of
the applicant not appearing for counselling or appears and fails to select a
place in the stipulated time, he/she shall be continued in the existing working
place.
(6) Intimation of
counselling.--
The date, time and
venue of the counselling shall be intimated to the applicant in Proforma by
Registered Post, Acknowledgement due and also be published in the website.
(7) Publication of the
time-table, notices and all proformas.--
The subject-wise and
cadre-wise list of vacant posts to be filled by transfer identified by Competent
Authority, time-table, notices and all proformas shall be displayed on notice
board of all the colleges, regional offices and Commissionerate as and when
issued.
(8) Issuance of orders.--
The Competent
Authority shall issue transfer order to the applicant against the post selected
immediately on counselling and remove the selected post from the vacancy list.
The copies of transfer order shall be sent to the concerned Principals of First
Grade Colleges and Regional joint Director and also be published on the notice
board of the office as stated in sub-rule (7).
Rule - 12. Powers of Competent Authority.--
The concerned
Competent Authority may transfer the Principal, teaching or non-teaching staff
throughout the academic year in the following circumstances, namely.--
(1) Notwithstanding
anything in the these rules any Principal, teaching or non-teaching staff may
be transferred or deputed to any place in Zone C on receipt of.--
(a) Complaint of
misconduct or misbehaviour;
(b) Complaint of
financial irregularities.
As per clause (c) of
sub-section (3) of Section 3.