Karnataka Legislative Council Secretariat (Recruitment And Conditions Of Service Of Officers And Employees) Rules, 2021

[01st April 2022]

Whereas the draft of the Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service of Officers and Employees) Rules, 2021 which the Special Board of the Karnataka Legislative Council Secretariat proposes to make in exercise of the powers conferred by sub-section (1) of Section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) was published as required by clause (a) of sub section (2) of section 3 of the Karnataka State Civil Services Act 1978 in Notification No.KLC/ADMI/64/C&R/2021, Bengaluru-560001, Dated: 30.11.2021 in Part IV A(PR No. 926) of the Karnataka Gazette Dated: 03-11-2021inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette.

Whereas, the said gazette made available to the public on 30-11-2021.

And whereas objections and suggestions received in this behalf have been considered by the Special Board of the Karnataka Legislative Council Secretariat. Now, therefore in exercise of the powers conferred by sub section (1) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) the Special Board of the Karnataka Legislative Council Secretariat hereby makes the following rules.

Rule - 1. Title and Commencement.

(1)     These rules may be called the Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service of Officers and Employees) Rules, 2021

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

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:-

(i)           "Appointing Authority" means Authority competent make appointments to various posts as specified in rule 6.

(ii)         "COUNCIL" means the Karnataka Legislative Council;

(iii)       "Legislative Council" means the Legislative Council of the State of Karnataka;

(iv)       "Legislative Council Secretariat" means the Karnataka Legislative Council Secretariat specified in sub-rule (1) of Rule 3;

(v)        "Chairman" means the Chairman of the Karnataka Legislative Council and shall include the Deputy Chairman performing the duties of the office of the Chairman under Article 184(1) of the Constitution of India, when the office of the Chairman is vacant;

(vi)       "Parliamentary Functionaries" means -

(a)      the Chairman of the Karnataka Legislative Council,

(b)      Deputy Chairman of the Karnataka Legislative Council,

(c)      the Leader of Opposition in the Karnataka Legislative Council and

(d)      the Government Chief Whip in the Karnataka Legislative Council

(e)      the Opposition Chief Whip in the Karnataka Legislative Council.

(vii)     "Secretary" means the Secretary of the Karnataka Legislative Council Secretariat;

(viii)   "Schedule" means the Schedule appended to these rules;

(ix)       "Special Board" means the Board consisting of the Chief Minister, the Minister-in-charge of the Parliamentary Affairs and Legislation, the Minister in-charge of Finance, the Chairman of the Karnataka Legislative Council. The meeting of the Special Board shall be presided over by the Chairman.

(x)        Bachelor Degree means "Degree" obtained from the recognised university established under Law with 10+2+3 Pattern or equivalent Degree as per NEP.

Note : any words not defined herein shall have the meaning defined in the Karnataka Civil Service ( General Recruitment) Rules 1977 or as defined in the rules made under the Karnataka Civil Services Act 1978 or any other Act and the rules regulating Conditions of Service of the Civil Servants of the State.

Rule - 3. Karnataka Legislative Council Secretariat.

(1)     There shall be a Secretariat for the Karnataka Legislative Council in the name of the "Karnataka Legislative Council Secretariat" which shall include:-

(i)           the staff in the Legislators Home

(ii)         the personal staff of the Parliamentary Functionaries

(iii)       Administrative staff consisting of officers and employees belonging to Group A, B, C and D as specified in Schedule-I.

Rule - 4. Creation of Posts.

(i)           The Special Board may create, abolish, upgrade/downgrade, redesignate and modify the method of recruitment in respect the cadres of Secretary, Additional Secretary and Joint Secretary with the concurrence of the Finance Department;

(ii)         The Special Board may amend Schedule-I and II by increasing or reducing the number of posts specified therein or by adding thereto any new category of posts or in any other manner;

(iii)       The Chairman without the approval of the Special Board, may create, abolish, upgrade/downgrade or redesignate any posts in the cadres of Group-B, C and D with the concurrence of the Finance Department.

(iv)       The Finance Department, the Law Department, the Department of Parliamentary Affairs and Legislation and the Department of Personnel and Administrative Reforms shall be consulted in the cases of major changes in the method of recruitment and other conditions of service or in cases of interpretation of Acts and Rules framed under the Karnataka State Civil Services Act 1978.

Rule - 5. Administration of Karnataka Legislative Council Secretariat.

(i)           Subject to the provisions of these rules, the Chairman shall have over all control on the Staff and administration of the Karnataka Legislative Council Secretariat.

(ii)         The Chairman may, delegate to the Secretary such of the powers for such time and subject to such conditions as may be specified in this behalf.

(iii)       The Secretary may, with the approval of the Chairman delegate to his subordinate officers such of his powers and subjects, with such conditions, as may be specified in this behalf.

Rule - 6. Appointing Authorities.

(i)           Special Board shall be the appointing authority in respect of the cadres of Secretary, Additional Secretary and Joint Secretary. The method of recruitment in any particular case not provided for by Rule 3 shall be determined by the Special Board.

(ii)         Chairman shall be the appointing authority in respect of Group A posts other than the posts of Secretary, Additional Secretary, Joint Secretary, and the post in Group B, C and D. The method of recruitment in any particular case not provided for by Rule 3 shall be determined by the Chairman.

(iii)       The Chairman may, redesignate or convert the posts of equivalent pay scale in the Schedule-I and II, up to the rank of Deputy Secretary in the interest of administration, whenever necessary, without incurring additional financial burden on the exchequer.

(iv)       The Secretary may appoint three temporary Stenographers to give Secretariat Assistance to the Members of the Legislative Council and Six temporary Dalayats for attendance at the building provided for the accommodation of lady members of the Legislative Council during the sessions of Legislative Council, two days before the commencement and two days after the closure of the said Session.

(v)        For the purpose of attending the increased work in the Karnataka Legislative Council Secretariat during the Session of the Legislative Council, the Secretary shall be competent to appoint three temporary Typists and one Group-D 15 days before the commencement and two days after the closure of the Session in the grade fixed for such posts with the allowances admissible thereto.

Rule - 7. APPOINTMENTS.

Appointments to the various posts in the cadres in Schedule I shall be made in accordance with the method of recruitment and qualification specified in Schedule II. Method of Recruitment shall be in any of the forms specified below.

(i)        By Direct Recruitment in accordance with the procedure prescribed in these rules.

(ii)      By Promotion in accordance with the procedure prescribed in these rules to the posts specified in Schedule II of these rules.

(iii)    By Deputation

(iv)    By Contract and by Outsourcing; Appointments shall be made as per the policy of the State Government with such terms and conditions specified by Finance Department and Labour Department or any other instructions issued by the State Government in this behalf.

Rule - 8. RESERVATION.

The policy of reservation in Direct Recruitment (Vertical and Horizontal Reservation) and in Promotions as per the policy of the State shall be followed: similarly the provisions of Article 371(j) in respect of Kalayan Karnataka shall also be followed in Direct Recruitment and Promotions. There shall be a separate Seniority lists for Hyderbad Karnataka cadre and for residual cadres.

Rule - 9. PROCEDURE FOR DIRECT RECRUITMENT.

In case of direct recruitment to any category of posts the Secretary with the approval of the Chairman shall invite applications from candidates possessing the prescribed qualification and select the candidates most suitable for appointment after examination in writing or viva-voce or both, as the Chairman may deem fit.

Provided that selection to the direct recruitment to the post in group B and group C shall be on the basis of marks secured in qualifying examination or a written examination and interview as may be decided by the Chairman. There shall be no interview for selection of group-D post.

The Chairman shall constitute a Selection Committee for making Direct Recruitments at the time of recruitment and the method of recruitment, process of selection, preparation of merit list and other criteria shall be as specified by the Chairman by Notification.

Provided that vacancies may be filled up by the Chairman from the approved lists of candidates prepared in accordance with this rule in which case the decision of the Chairman shall be final.

Rule - 10. PROCEDURE FOR PROMOTIONS.

All promotions except the post of Secretary shall be made on the basis of Seniority-cum-merit.

(1)     Appointment to the post of Secretary shall be made by promotion by selection by the Special Board. The Special Board is also competent to make appointments by promotion to the cadres of Additional Secretary and Joint Secretary. The Departmental Promotion Committee (DPC) for recommending the names of eligible persons for promotion to the cadres of Secretary, Additional Secretary and Joint Secretary shall be constituted by the Special Board.

The DPC for selection/Promotion to the cadres of Secretary, Additional Secretary and Joint Secretary shall consist of:-

(2)     Promotions to all other posts belonging to Group A (other than Secretary, Additional Secretary and Joint Secretary) and Group B and C shall be made by the Chairman on the basis of Seniority cum Merit. There shall be a DPC consisting of the following members for recommending the names of suitable persons for promotion. In case of promotion to any cadre, the decision of the Chairman as to the suitability of any person for promotion shall be final.

Rule - 11. STAFFING PATTERN.

The following staff may be filled by deputation from any equivalent grade borne on the cadres of any of the State civil Service namely:

(i)       Personal Establishment of the Chairman:-

(ii)      Notwithstanding anything contained in these rules, the Chairman may, if he considers it necessary for reasons to be recorded in writing, that it is in the public interest so to do, appoint to the category of posts in the personal establishment of Parliamentary functionaries any person, retired Officer/Official of Government/Public undertakings or any other person who in his opinion, is able to discharge the duties of such posts on contract basis and on such terms and conditions as may be determined by agreement.

(iii)     The total period of appointment of any person under sub-rule (i), (ii) (iii)and (iv)shall be for a period co-terminus with the tenure of office of Parliamentary functionaries.

Rule - 12. Provisions relating to Disciplinary Proceedings.

In respect of disciplinary matters, the provisions of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957, for the time being in force, shall be applicable to the staff of the Karnataka Legislative Council Secretariat. The Appointing Authorities and the Penalties which can be imposed and the Appellate Authorities shall be as specified in Schedule III.

Provided that Chairman may by special notification delegate certain disciplinary powers to Secretary or any other officer of the Karnataka Legislative Council as he deems fit.

Rule - 13. Application of Rules in respect of matters not provided for in these rules.

Application of Rules made by the State Government under the Karnataka State Civil Services Act, 1978 and the deemed rules made under sub-section (3) of Section 3 of the said Act:-

(a)      The Karnataka Government Servants (Seniority) Rules, 1957;

(b)      The Karnataka State Civil Service (Conduct) Rules, 2021;

(c)      The Karnataka Civil Services Rules, 1958;

(d)      The Karnataka Financial Code, 1958;

(e)      The Manual of Contingent Expenditure, 1958;

(f)       The Karnataka Government Servants (Medical Attendance) Rules, 1963;

(g)      The Karnataka Civil Services (Direct Recruitment by Competitive Examination) (General) Rules, 2021;

(h)     The Karnataka Civil Services (General Recruitment) Rules, 1977;

(i)       The Karnataka Civil Services (Probation) Rules, 1977;

(j)       The Karnataka Civil Services (Performance Report) Rules, 1994;

(k)      The Karnataka Government Servants (Compulsory Life Insurance) Rules, 1958;

(l)       The Karnataka State Employees Group Insurance Scheme Rules, 1981;

(m)    The Karnataka General Provident Fund Rules, 1957;

(n)     The Karnataka Departmental Enquiries (Enforcement of Attendance of witnesses and production of documents) Rules, 1961;

(o)      The Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;

(p)      Karnataka Civil Services (Recruitment to Ministerial Posts) Rules, 1978, and

(q)      The Karnataka Civil Services (Typists & Junior Assistants/Second Division Assistant) (Change of Cadre) Rules, 1964

(r)      The Karnataka Civil Service (Service and Kannada Language Examination) Rules, 1974;

(s)      Any other rules made by Government under the Karnataka State Civil Services Act, 1978 and the deemed rules made under sub-section (3) of Section 3 of the said Act, shall apply to the Karnataka Legislative Council Secretariat officers and staff appointed under these rules.

Provided that the Chairman may exercise the powers of the State Government under the provisions of the rules referred to in clauses (a) to (s).

Provided further that wherever any relaxation of rules referred above is warranted in deserving cases, such relaxation shall be made with the approval of Chairman after consultation with the Finance Department or the Department of Personnel and Administrative Reforms, as the case may be, wherever such provision for relaxation is provided in the rules itself.

Provided also that a copy of every order made by the Chairman under the provisions of the above said rules shall be sent to the Secretary to Government in the Finance Department and the Department of Personnel and Administrative Reforms.

Rule - 14. Other Conditions of Service.

The other conditions of Service of the Members and the officers and staff of the Karnataka Legislative Council Secretariat shall, save as expressly otherwise provided for in these rules, be the same as those prescribed in respect of Government Servants holding corresponding posts in the Karnataka Civil Services.

Rule - 15. Procedure for taking decisions.

(i)           Subject to these rules, with the approval of Chairman on all matters having financial implications relating to the Karnataka Legislative Council Secretariat, the Secretary shall deal directly with the Secretary to Government, Finance Department.

(ii)         The Chairman may, from time to time by general or special order, provide for the convenient and efficient transaction of business arising out of the administration of these rules and the procedure to be followed for the purpose.

(iii)       No order having financial implications shall be issued without the approval of the Chairman or Special Board, as the case may be, and all proposals thereto shall be placed before the Chairman or Special Board, by the Secretary along with the remarks of the Finance Department.

Rule - 16. Vacancies in the Office of the Chairman and Deputy Chairman.

(i)           In the event of a vacancy in the office of the Chairman or in the event of the Chairman being prevented from performing his duties, the Deputy Chairman acting as Chairman under Article 184(1) of the Constitution of India shall administer the Karnataka Legislative Council Secretariat and the powers and duties of the Chairman shall be exercised by him;

(ii)         In the event of a vacancy both in the office of the Chairman and the Deputy Chairman, the person appointed by the Governor under Article 184(1) shall administer the Karnataka Legislative Council Secretariat and the powers and duties of the Chairman shall be exercised by him;

(iii)       In the event of vacancies in the office of the Chairman and the Deputy Chairman or in the event of both of them being prevented from performing the duties, the Secretary shall, subject to the directions, if any of the Governor, administer the Karnataka Legislative Council Secretariat;

provided that any matter which requires approval of the Chairman shall be submitted to the Governor for decision; and provided further that any matter which requires approval or sanction of or consultation with the Chairman and which can without detriment to the public interest be deferred until a new Chairman or Deputy Chairman is chosen or until any one of them is capable of performing his duties, shall be deferred by the Secretary.

Rule - 17. Repeal and Savings.

The Karnataka Legislative Council Secretariat (Recruitment and Conditions of Service) Rules, 2003 are hereby repealed;

Provided that such repeal shall not effect.

(a)      the previous operation of the said rules of anything duly done or any action taken under the said rules: or

(b)      any right, privilege, obligation or liability already acquired, accrued or incurred under the said rules.

SCHEDULE – I

SCHEDULE – II

PART - I: ADMINISTRATIVE WING

PART- II :REPORTER WING

PART -III: COMPUTER WING

PART-IV : OTHER CADRES

PART-V : DEPUTATION POSTS