Karnataka Grama Swaraj And Panchayat Raj (Staffing Pattern, Scale Of Pay, Method Of Recruitment And Other Conditions Of Service Of Employees Of Grama Panchayat) (Amendment) Rules, 2022

[03rd February 2023]

Whereas the draft of the Karnataka Grama Swaraj and Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and other Conditions of service of Employees of Grama Panchayat) (amendment) Rules, 2022 which the Government of Karnataka proposes to make in exercise of the powers conferred by section 311 read with clause (d) of the sub-section (1) of section 62 and sections 112 and 113 of the Karnataka Grama Swaraj and Panchayath Raj Act 1993 (Karnataka Act 14 of 1993) was published in notification No. RDPR 680 GPS 2020, dated: 29-10-2022, inviting objections and suggestions from all persons likely to be affected thereby within fifteen days from the date of its publication in the Official Gazette;

And whereas, the said Gazette was made available to the public on 07-11-2022;

And whereas, the objections and suggestions received in respect of the said draft have been considered by the State Government;

Now, therefore, in exercise of the powers conferred by section 311 of the Karnataka Grama Swaraj and Panchayath Raj Act 1993 (Karnataka Act 14 of 1993) the Government of Karnataka hereby makes the following rules, namely:-

Rule - 1. Title and Commencement

(1)     These rules may be called the Karnataka Grama Swaraj and Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and other Conditions of service of Employees of Grama Panchayat) (Amendment) Rules, 2022.

(2)     They shall come into force from the date of their final publication in the Official Gazette.

Rule - 2. Amendment of Rule 3

In the Karnataka Grama Swaraj and Panchayat Raj (Staffing Pattern, Scale of Pay, Method of Recruitment and other Conditions of service of Employees of Grama Panchayat) Rules, 2020 (hereinafter referred to as the said rules) in rule 3 the words " Number of posts" shall be omitted.

Rule - 3. Amendment of Rule 4

(1)     In Rule 4 of the said Rules,-

(a)      In sub rule 1(b), for the words "Deputy Director, Social welfare Department" the words "District Social welfare Officer, Social welfare Department" Shall be substituted.

(b)      after (f) the following shall be inserted, namely:-

(g) concerned Grama Panchayat President.

(c)      In sub rule (4) for the words "invite applications from eligible candidates by advertising the notice of recruitment and specify the category of post, age limit, qualification and other details and specifying the last date of filing application, in the widely circulated news paper of district of which at least one shall be in Kannada." the words "Shall invite applications from eligible candidates by advertising the notice of recruitment specifying the category of post, age limit, qualification and other details and specifying the last date of filing application, in the widely circulated news paper of district of which at least one or two shall be in Kannada" Shall be substituted.

Rule - 4. Amendment of Rule 5

(1)     In sub rule 5(1), for the words "Notified to the category of posts" the words "Notified for the category of posts" Shall be substituted.

(2)     In sub rule 5(5) (d) for the words "Physically handicapped certificates" the words "Persons with disabilities" Shall be substituted.

(3)     after (f) Inclusion of name in the select list does not confer any right of appointment on the candidates the following shall be inserted, namely:-

"District level selection committee shall select the eligible candidates to the vacant posts in the Grama panchayats and forward the selected list of candidates to the appointing authority, namely, the Grama Panchayat, concerned. The Appointing Authority shall proceed to make the Appointment as per the selection list approved by the selection committee chaired by the Chief Executive Officer of the ZP."

Rule - 5. Amendment of Rule 6

In Rule 6, of the said rules, after proviso, the following shall be inserted, namely:-

"Where the employees of Gram Panchayats, such as Water Operator/Pump Operator/Attendant/Cleaners of the Gram Panchayat are promoted to the vacant posts of Bill collector and / or Clerk Cum Data Entry Operators, who were appointed as per Section 113 of Karnataka Grama Swaraj and Panchayat Raj Act 1993, it is necessary to obtain the approval of the Chief Executive Officer of the Zilla Panchayat before making the appointment on promotion."

Rule - 6. Amendment of Rule 7

(1)     In sub rule 7(ii), for the words "competent authority to sanction causal leave of 10 days, 2 days restricted holiday and earned leaves up to 30 days to the employee, in the year" the words "competent authority to sanction casual leave for 10 days, 2 days restricted holiday and earned leaves up to 30 days to the employee, in a year" Shall be substituted.

(2)     In sub rule 7(iii) for the words "fraternity leave" the words "Paternity Leave" Shall be substituted.

(3)     Transfer of Bill Collector and Clerk cum Data Entry Operator:- In special circumstances with the consent of the concerned bill collector and clerk cum data entry operator, whose appointment is approved by he Chief Executive Officer, transfer shall be effected by the chief executive officer of the Zilla Panchayat within the district to the available vacant posts and mutual transfer shall also be effected without any adverse effect on their seniority. But all these transfers shall be effected only twice in their tenure of service.

Rule - 7. Amendment of Rule 8

(1)     In Rule 8 of the said Rules,-

(1)     In sub Rule (a), for the words "or withholding of increment" shall be omitted.

(2)     In sub rule 8(3), for the words "Action an inquiry" the words "Action on inquiry" Shall be substituted.

(3)     In sub rule 8(4)(iii) for the words "The recommendation of the Lokayukta is binding on the Grama Panchayat" the words "The recommendation of the Lokayukta or Anti corruption Bureau (ACB) is binding on the Grama Panchayat" Shall be omitted.

Rule - 8. Amendment of Rule 9

(1)     In Rule 9 of the said Rules,-

(1)     In Sub Rule (1) for the words "Eligible person of the deceased employee shall apply for a post within one year from the date of the death to the concerned Grama Panchayat" the words "Every dependent of a deceased Grama Panchayat Employee seeking appointment under these rules shall make an application with in one year from the date of death of the Employee of the Grama Panchayat under whom the deceased Grama Panchayat Employee was working.

provided that, in case of a minor he must have attained the age of eighteen years within two years from the date of death of the Grama Panchayat Employee and he must make an application within two years thereafter.

(2)     In sub rule,- for sub rule 2(i) the following shall be substituted namely:-

"(i)   in the case of the deceased male married Grama Panchayat Employee,-

(a)      the widow; and

(b)      son or daughter who were dependent on him and were living with him. who is chosen by the widow of the deceased Grama Panchayat Employee, if the widow is not eligible or she is not willing to accept the appointment for any valid reason".

Note: In case spouse is pre-deceased then preference shall be given in the order of age of children.

(2)     for clause (ia), the following shall be substituted, namely:-

"(ia) in the case of the deceased male unmarried Grama Panchayat Employee, his brother or sister, who is chosen by father and mother or in case of any difference in their opinion, then the person chosen by mother, who were dependent upon him and were living with him".

Note :In case parents are pre-deceased then preference shall be given in the order of age of brother / sister.

(3)     for clause (ii), the following shall be substituted namely:-

"(ii) in the case of the deceased female married Grama Panchayat Employee:

(a)      son or daughter who were dependent on her and were living with her who is chosen by the widower of the deceased Grama Panchayat Employee; and

(b)      widower; if the son or daughter are not eligible or for any valid reason they are not willing to accept the appointment:.

Note: In case spouse is pre-deceased then preference shall be given in the order of age of children.

(4)     for clause (iia), the following shall be substituted, namely:-

"(iia) in the case of the deceased female unmarried Grama Panchayat Employee, her brother of sister, who is chosen by father and mother or in case of difference in their opinion, the person chosen by mother, who were dependent upon her and were living with her".

Note: In case parents are pre-deceased then preference shall be given in the order of age of brother / sister.

(5)     after clause (iia), the following clause shall be inserted,

"(iii) in the case of deceased married Grama Panchayat Employee whose spouse is also no more and who has minor children, certified guardian of the minor children who is living with them and takes care of the minor children as per the provisions of relevant law;

(iv)   the children of the deceased unlawful second wife and thereafter spouse, 9. In the Schedule Serial number 3,4,5 shall function as multipurpose workers in the Gram Panchayat and in the serial number 5 the following shall be substituted, namely:-