[29
January 2014] Whereas, the draft of
the Rules pertaining to the Karnataka Public Employment (Reservation in
Appointment for Hyderabati-Karnataka Region) (Issue of Eligibility
Certificates) Rules, 2013 was published in exercise of the powers conferred by
Sub-para (1) of Para 7 of the Karnataka Public Employment (Reservation in
Appointment for Hyderabad-Karnataka. Region) Order, 2013 in notification
bearing No. DPAR 43 HKC 2013, dated 07.01.2014 inviting Objections aAd
suggestion from persons likely to be ai'fected thereby within 15 days from, the
date of its publication in. the official website www.karunadu.gov.in on
07.01.2014. Whereas, the said
notification was made available to the public on 07 .01.2014 through the above
website. And, whereas some
objections and suggestions have been received by the State Government which
have been examined in. detail for their incorporation in the final rules. Now therefore, in
exercise of the powers conferred by sub-para (1) of Para 7 of the Karnataka
Public Employment (Reservation in Appointment for Hyderabad-Karnataka Region)
Order, 2013 the Government of Karnataka makes the following rules, namely:- CHAPTER
1 PRELIMINARY (1)
These rules may be called
the Karnataka Public employment (Reservation in appointment for
Hyderabad-Karnataka Region) (Issue of Eligibility Certificates) Rules, 2013. (2)
They shall come into force
on from the date of their Publication in the Official Gazette. (a)
"Certificate of home
town or place" is as issued by the Appointing Authority based on the
entries in the service register as required under para 6(e) of the order; (b)
"Competent
Authority" means the Assistant Commissioner of a Revenue Sub-Division who
shall be competent to issue eligibility certificate; (c)
"Residence
Certificate" meaans a certificate issued by Tahsildar of the Taluka
indicating the tenure of residence as required under para 6 of the order; (d)
"Eligibility
Certificate" means the eligibility certificate issued by the Competent
Authority to prove the claim of an individual as local person; (e)
"Order" means
"the Karnataka Public Employment (Reservation in Appointment for
Hyderabad-Karnataka Region) Order) 2013"; (f)
"Study
Certificate" means a certificate issued by the Head of the Educational
Instituion duly certified by BEO exercising the jurisdiction over the place
where the educational institution is located as required under para 6 of the
order; (g)
"Validity
Certificate" means a certificate of validity of an eligibility
certificate, issued by the Deputy Commissioner of the District; (h)
"Warsa
Certificate" means a certificate issued by a Tahsildar of the Revenue
Taluka indicating the relationship of either of the parent and their children. CHAPTER
2 GENERAL (1)
Any person claiming
reservation as local person in direct: recruitment or promotion shall obtain
the eligibility certificate issued by the Competent Authority. (2)
The following may be the
basis to issue the eligibility certificate to prove the claim of an individual
as a local person. (a)
Birth Certificate; or (b)
Residence Certificate; or (c)
Study Certificate; or (d)
Marriage Certificate; (e)
Certificate of home town (or
place) ; or (f)
Warsa Certificate; or (g)
A combination of one or more
of the above (3)
Applicant shall furnish any
one or more of the Certificates mentioned in sub rule (2) above before the
Assistant Commissioner who after due verification and summary inquiry issue an
Eligibility Certificate in the format as in Annexiure-A Where a person or
either of his parents have resided or studied in moife than one District in the
region, the District in which they have lived or studied longest shall be the
District mentioned in their Eligibiility Certificate. In case where both the
parents have lived or studied in the region, the fathers place shall be
mentioned in the eligibility certificate: Provided that for the existing
employees the certificate of home town or place shall be the Eligibility
Certificate and Validity Certificate. In case he does not claim the status of
local person based on the Home town or place mentioned with Service Register he
shall obtain eligibility certificate in the manner specified above. (A)
Birth certificate.- (1)
In respect: of cases
claiming the status of a local person by birth, the birth certificate shall be
proof of his eligibility. (2)
In respect of cases claiming
the status of a local person by virtue of either of his parents born in that
region before 01.01.2013, the birth certificates in such cases obtained in the
manner prescribed along with a Warsa Certificate showing the relationship of
the applicant with his parent shall be furnished. (3)
The Birth certificate
required to claim, the eligibility as a local person shall be issued as per the
provisions contained in the Registration of Births and Deaths Act, 1969. (B)
Residence certificate. (1)
In resppct of cases claiming
the status of a local, person by virtue of Residence certificate in region
under para 6 of the order, the following procedure shall be followed namely :- (i)
The Residence certificate
issued by the Tahsildar in the Revenue Department having the jurisdiction over
the place of residence covering in detail, the commencing and ending date of
residence in the village/ tehsil/ town shall be furnished; (ii)
In the event of residence
not restricted to a particular village/tehsil/town, as many number of
certificates issued by the Tahsildars having jurisdiction over the place of
such residence shall be furnished; (iii)
If the case falls in Para
6(a)of the Order, in addition to the residence certificate issued by the
Tahsildar(s), the photo ID issued by the election commission or the ration card
issued by the Food and Civil Supplies Department having the jurisdiction over
the place of residence; record of right or occupancy certificate or khata
certificate/khata extract/City Survey record and Warsa Certificate showing
relationship shall be essential. (2)
While issue of the Residence
certifiqate(s), the Tahsildar shjall follow the following procedure, namely (i)
The applicant seekine issual
of Residence certificate shill make a requisitionin writing giving the details
of his residence along with the tenure in each place wherever applicable to the
Jurisdictional Tahsildar along with copies of any document(s) as proof" of
his residence; (ii)
The Tahsildar on receipt of
the requisition by any person seeking issue of Residence; certificate shall
process the request and may conduct summary inquiry if necessary, before issue
of a Residence certificate. Spot inquiry may also be conducted and mahajan
drawn up with the statement of at least 03 prominent persons of the locality (iii)
The format of the Residence
certificate shall be as at Annexuire-B covering the details of the number of
years of residence in the local area indicating the breakup and tenure of
different places of residence in the region; (iv)
The Tahsildar shall issue or
reject the Residence certificate within 30 days from the date of receipt of the
application in his office. (C)
Study Certificate.- (1)
In cases where study
certificate required to give eligibility certificate, the follbwing procedure
shall followed by the concerned Authorities to decide about the eligibility or
otherwise of a local person, namely:- (i)
The study certificate issued
by the Head of the Educational Institution duly certified by the BEX)
exercising jurisdiction over the educational institution shall be the document
to prove the eligibility; (ii)
Where either of his parents
has studied in an educational institution in such local area, for a period of
10 academic. years the study certificate issued by the Head of the Educational
Institution duly certified by the BEO exercising jurisdiction over the
Educational institution, along with a warsa certificate showing the
relationship between theapplicant and his parents shall be the document to
prove fro applicant and his parents shall be the document to prove the
eligibility; (2)
The following procedure
shall be followed while issue of study certificates, namely:- (i)
The aipplicant seeking
issiiie of study certificate shall make a requisition in writing to the head of
the educational institution where he had studied; (ii)
The head of the
institution., on receipt of such a requisition shall verify the admission
records, attendance and academic records to the extent available in the
educational institution and issue a study certificate in the form as at
Annexure-C; (iii)
The study certificate,
issued by the head of the educational institution shall be duly certified by
the BEO exercising jurisdiction over the educational institution after
verification of the records, if any, available in his office; (iv)
The head of the institution!
shall issue the study certificate within 10 days of making the requisition by
the applicant; (v)
The BEO shall verify the
Study Certificate with in 20 day thereafter. (D)
Marriage certificate.- (1)
In the event of a women claiming
the status of a. local person for having married to a local person, the
marriage certificate issued by the Registrar of Marriages as per the relevant
provisions contained in the Karnataka Marriaes (Registration and Miscellaneous
Provisions) Act, 1976 or any other relevant law shall be the proof to claim the
status of a local person (2)
In addition to the documents
indicated in (1) above, the eligibility certificate of the husband shall be
required. (E)
Certificates of Home Town.- (1)
In the case of a serving employee,
claiming the status of local person, a copy of the extract from the service
register about the home town or place falling within the Region, duly certified
by the appointing authority shall be the proof of their domicile. Such
certificate shall be issued as in the format at Annexure-D. (2)
In the event of any
ambiguity arising in issue of certificates in respect of serving empkyees, the
competence to decide the eligibility to claim the status as a local person
shall lie with the Government in DPAR. (3)
Such employee who do not
have any entry in his servi register or who is willing to claim benefit of
being local person otherwise, shall furnish an eligibility certificate. (4)
In respect of serving
employees applying for direct recruitme posts as in-service candidates, the
certificate of home town issued as at (1) above, shall be consideredc as proof
of domicile for the purpose of his candidature to the direct recruitment posts (F)
Warsa Certificate:- On the
report of the Revenue Inspector and other relevant evidence the Tahsildar of
the Taluka shall issue warsa certificate. The Revenue In spector shall submit
his report based on local inquiry and taking other relevant evidence. (1)
Any person (applicant or
member of the public) aggrieved by the order of the Assistant Commissioner
issuing or rejecting eligibility certificate may make an appeal to the Deputy
Commissioner within 30 days. (2)
The Deputy Commissioner
after summary inquiry shall dispose of the appeal within 30 days from the date
of its receipt. (1)
After having followed the
procedure of either the direct recruitment or the promotion, as the case may
be, before issue of the appointment order or the: order of promotion, the
appointing authorities shall insist for the validity certificate. Provided that in case
of in service candidate accepting Home town or place as place of domicile to
Claim reservation of Local person certificate issued by the appointing j
authority shall be the validity certificate also for the purpose of this rule. (2)
The Deputy Commissioner of
the District shall be competent authority to issue the validity certificate on
the recommendation of the Committee chaired by him and consisting of the
Superintendent of Police and the Chief Executive Officer of the Zilla Panchayat
of the district as members. The Committee may make a summary inquiry before
recommending for issual of validity ceijtificate. (3)
The Deputy Commissioner
shall issue the validity certificate in the format as at Armexure-E or reject
the same recording the reason thereof. (4)
Any person aggrieved by the
order of the Deputy Commissioner in issue or rejection of the validity
certificate may make an appeal to the Regional Commissioner of the Division
within 30 days of such order. (5)
Regional Commissioner within
the period of 3 months from the date of making an appeal, shall dispose of such
appeal after a summary inquiry. The Government may
from time to time issue necessary clarifications in matters of interpretation,
appeal and the matters relating to the issual of the certificates.Karnataka Public Employment
(Reservation In Appointment For Hyderabad-Karnataka Region) (Issue Of
Eligibility Certificates) Rules, 2013
In these rules, unless the context otherwise requires,-