KARNATAKA
STATE CIVIL SERVICES (REGULATION OF TRANSFER OF STAFF OF DEPARTMENT OF
TECHNICAL EDUCATION) ACT, 2012 THE KARNATAKA STATE CIVIL SERVICES
(REGULATION OF TRANSFER OF STAFF OF DEPARTMENT
OF TECHNICAL EDUCATION) ACT, 2012 [Act No. 12 of 2013] [02nd February, 2013] An Act
to provide for regulation of transfer of Principals, Teaching and Non-Teaching
staff of Department of Technical Education so as to ensure the availability of
Principals, Teaching and Non-Teaching staff in Government Engineering
Colleges/Government Polytechnics and Government Junior Technical Schools/Steric
of the State. Whereas
it is expedient to provide for regulation of Transfer of staff of Department of
Technical Education so as to ensure transparency and availability of
Principals/Teaching/Non-Teaching staff in Government Engineering
Colleges/Government Polytechnics and Government Junior Technical Schools/Steric
throughout the state and for the matters connected therewith or incidental
thereto: Be it
enacted by the Karnataka State Legislature in the sixty third year of the
Republic of India, as follows:- (1)
This Act may be called The Karnataka State
Civil Services (Regulation of transfer of staff of Department of Technical
College) Act, 2012. (2)
The provisions of this Act shall be
applicable to teaching and non-teaching staff of the Department of Technical
Education except the post of the Director, Additional Director, Joint Director,
Deputy Director. (3)
It shall come into force from such date as
the State Government may, by notification, appoint. In
this Act, unless the context otherwise requires,- (a)
"Appointment" means appointment by
direct recruitment or by posting or by promotion; (b)
"Appointing authority" means the
concerned authority competent to make appointment to any post in the Karnataka
Technical Education Department Service. (c)
"Competent authority" means the
authority competent to make orders of transfer or appointment of staff of the
Department of Technical Education. Explanation;- (1)
The Government shall be the competent
authority to issue appointment and transfer orders in respect of all the
officials coming under the Group A Cadre. (2)
The Director of Technical Education shall be
the competent authority to issue appointment and transfer orders in respect of
all the officials coming under the Group B cadre and Group C cadre above the
rank of second division Assistant. (3)
The Administrative officer of the Technical
Education shall be the competent authority to issue appointment and transfer
orders in respect of all Group D staff; (d)
"College or Institution of Department of
Technical Education" means,- (i)
"Government Engineering College"
belonging to Government coming under purview of the Department of Technical
Education; (ii)
"Government Polytechnic" belonging
to Government coming under purview of the Department of Technical Education; (iii)
"Government Junior Technical
School" belonging to Government coming under purview of the Department of
Technical Education. (e)
"deputation" means deployment of
the services of staff, fully or partially, from one Office/Government
Engineering Colleges/Government Polytechnics and Government Junior Technical
Schools/Steric of the Department of Technical Education where he is working to
another Office or Government Engineering Colleges/Government Polytechnics and
Government Junior Technical Schools/Steric without shifting the lien; ? (f)
"Non-Teaching staff" means a person
appointed to any category of non-teaching posts of Group-A, Group-B, Group-C or
Group-D in various offices or Government Engineering Colleges or Government
Polytechnics and Government Junior Technical Schools or Steric of the
Department of Technical Education belonging to the State Civil Services and
such other posts as specified in Schedule. (g)
"Principal" means a person
appointed to a category of post of a Principal in the Government Engineering
Colleges, Principal Grade-I or Grade-II in Government Polytechnic or equivalent
post of Deputy Director/Assistant Director in the Directorate of Technical
Education, principal in Government Junior Technical School belonging to the
State Civil Services and such other equivalent posts as specified in the
Schedule. (h)
"Process of Counseling" means, the
process of computerized counseling by giving opportunity to a person considered
for appointment or a Government servant considered for transfer to opt a place
or post on priority which is being given based on the length of the service put
in by him in the place where he is working and such other criteria as may be
prescribed. (i)
"Schedule" means Schedule appended
to this Act; (j)
"Steric" means State Technical
Education Resources and Information Centre coming under the purview of the
Department of Technical Education. (k)
"teaching Staff" means,- (i)
a person appointed to any of the category of
posts of Associate Professor/Assistant Professor/Professor/Librarian/Assistant
Director of physical Education and sports/Placement Officer in Government
Engineering College belonging to the State Civil Services and such other posts
as specified in the Schedule. (ii)
A person appointed to the category of posts
of Head of Section, Lecturer and Assistant Lecturer in a Government Polytechnic
belonging to the State Civil Services and such other posts as specified in
Schedule. (iii)
A person appointed to the category of posts
of Lecturer and Assistant Lecturer in a Government Junior Technical School
belonging to the State Civil Services and such other posts as specified in
Schedule. (l)
" transfer" means posting of a
staff to a post in a place of working, from one place of working to a post in
another place of working and includes transfer within or outside a Zone in the
same cadre; (m)
"Unit of Seniority" means,- (i)
for the purpose of posting of Principal, all
teaching and non-teaching staff (except in the category of Group-D posts), of
the Department of Technical Education shall be the state; (ii)
for the Group-D category of posts, of the
Department of the Technical Education the unit of Seniority shall be the
District. (n)
"Zone" means the specific areas
classified for transfer of staff and,- ? (i)
"Zone-A" means,- ? (a)
the areas falling under Bruhath Bangalore
Mahanagara Palike (BBMP) limits and the area falling under Bangalore
Development Authority (BDA) limits; (b)
the areas falling under the limits of City
Corporations constituted under the Karnataka Municipal Corporation's Act 1976;
and (c)
the areas falling under the limits of
District Head Quarters and City Municipal Council or City Municipality of all
District. (ii)
"Zone-B" means the areas falling
under the Taluk Head Quarters and Town Municipality of all Districts, excluding
the area falling under Zone -A; (iii)
"Zone-C" means the areas falling
out side Zone-A and Zone-B. (2) ??other words
and expressions used but not defined in this Act shall have the same meaning
assigned to them in the Karnataka State Civil Services Act, 1978 (Karnataka Act
14 of 1990). (1)
Every appointing authority while making
initial appointment of a Principal/Teaching/Non-Teaching staff to any College
or Institution of the Department of Technical Education shall ensure that
vacancies in zone-C shall be filled in the first instance. (2)
If no vacancy is available for initial
appointment or transfer a vacancy may be created by transfer of a
Principal/Teaching/Non-Teaching staff who has completed minimum number of years
of service or more number of years of service to another Zone in the order of
priority from Zone-C to Zone -B and Zone-B to Zone-A. Provided
that the above condition shall not be applicable to the cadre where there is no
post is available in any zone. (3)
?(a)
The minimum length of services required to be completed, to become eligible for
transfer is Zone-C, Zone-B and Zone-A shall be as stipulated in the rules. (b)? ?if, no Principal/Teaching/Non-Teaching staff
is available who has completed minimum length of service, a person who has
completed maximum number of years below the stipulated period as Principal,
teaching or non-teaching staff may be considered for transfer as above: Provided
that in case any a Principal, teaching or non-teaching staff is staff who is
serving in Zone-C is eligible to be transferred to Zone-B and similarly in case
a Principal, teaching or non-teaching staff who is serving in Zone-B is
eligible to be transferred to Zone-A but if he desires to continue to serve in
Zone-C or Zone-B, as the case may be, he may be allowed to continue to serve in
their respective Zones. Explanation:-order
of priority shall be calculated interalia, on the basis of the total number of
years of service, of a Principal, teaching or non-teaching staff in a zone in
different cadres and on the basis of any other criteria as may be prescribed. (c) ??A Principal,
teaching or non-teaching staff who is in Zone -A or Zone-B and who is undergoing
any time bound -penalty imposed under the Karnataka Civil
Services(Classification Control and Appeal) Rules, 1957 or who is facing any
criminal charges in court of law may be transferred to Zone-C, if no vacancy is
available in Zone-C, a vacancy may be created in the manner specified in
sub-section (2). Provided
that if such Principal, teaching or non-teaching staff is working in Zone-C, he
shall be transferred from the place where he is working to another place in the
same Zone, but he shall not be transferred outside Zone-C till the completion
of such disciplinary proceedings, criminal proceeding or penalty, as the case
may be. Transfer
of a Principal/Teaching/Non-Teaching staff under this Act shall be through a
process of counseling conducted in such manner as may be prescribed: Provided
that a person who is working in the Department of Technical Education, in the
category of Group-D posts may be transferred within the District Provided
further that a person working in the Department of Technical Education, in the
post of Group-D category may be transferred from one District to another
District only on his request. Principal,
teaching or non-teaching staff who is in service on the date of commencement of
this Act and has served for more than prescribed years continuously in any
Office, College or Institution of the Department of Technical Education in the
same place in Zone-A shall be transferred to Zone-C. Provided
that no Principal, teaching or non-teaching staff who has less than two years
of service for superannuation shall be transferred outside the limits of Zone
-A unless on his request. The
total number of such transfers in a unit of seniority shall not exceed eight
percent of the sanctioned strength of respective cadre in that unit of
seniority. Provided
that, out of 8 percent of total number of transfer as mentioned above, the
percentage of transfers to be made under special category shall be as
prescribed. If
sufficient workload is not available for Teaching staff in any College or
Institution of the Department of Technical Education in any subject, such
number of post as determined as surplus may be shifted to any other College or
Institution within the same Zone where the workload is sufficient, by the
competent authority. Provided
further that if such Office or College or Institution with sufficient workload
in that subject, cadre is not available in the same Zone, such number of posts
in that or subject may be shifted from Zone -C to Zone-B and from Zone-B to
Zone A. The
teaching or non--teaching staff working in the posts shifted under section 7
shall be transferred in the same zone under section 3, 4 and 5. In the
case of transfer, the minimum period of stay in a place or zone as may be
prescribed from time to time, shall be relaxed in the following cases namely:- (i)
In the case of both husband and wife being
State Government employees and if one of the spouse is working in a different
zone then the other spouse may be transferred to the same place or nearby place
if he is in the same zone subject to availability of clear vacancy; (ii)
Where a Principal, teaching or non-teaching
staff is a widow; (iii)
Where a Principal, teaching or non-teaching
staff is physically challenged; (iv)
Where a Principal, teaching or non-teaching
staff 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 transfer shall be considered unless the Principal, teaching or
non-teaching staff concerned produces a certificate from the District Medical
Board Specifying the nature of ailment, stating the fact that the required
treatment is not available at his place of work, specifying the 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. In
unavoidable circumstances where deputation or from one Office, College or
Institution of the Department of Technical Education to another Office, College
or Institution of the Department of Technical Education becomes absolutely
necessary, then such deputation of teaching or non-teaching staff shall be made
within the same zone. if any
competent authority or any officer 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 officer as the case may be, shall be
liable for disciplinary action under the disciplinary rules applicable to civil
servants. No
court shall take cognizance of any offence under this Act except on a complaint
made in writing by an officer authorized by the Government by notification
published in this behalf in the official Gazette. The provisions
of this Act shall have effect notwithstanding anything inconsistent therewith
contained in any other law for the time being in force. If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may by order published in the official Gazette make provisions not
inconsistent with the provisions of this Act as it appear to be necessary or
expedient for removing the difficulty. The
State Government may, by notification, add, alter or remove any of the entries
specified in the Schedule. No
suit, prosecution or other legal proceeding shall lie against any officer of
the Government for anything done in good faith or intended to be done under
this Act. (1)
The State Government may by notification and
after previous publication, make rules or amend rules from time to time to
carry out the purposes of this Act. (2)
Any rule made under this Act may be made with
retrospective effect and when such a rule is made, the reasons for making the
rule shall be specified in a statement to be laid before both Houses of the
State Legislature and subject to any modification made under sub-section(14). (3)
Every rule under this Act shall have effect
as if it enacted under this Act, shall be laid as soon as may be after it is
made before each House of the State Legislature, while it is in session for a
total period of thirty days, which may be comprised in one session or in two or
more successive sessions, and if before the expiry of the session in which it
is so laid or the sessions immediately following both Houses agree in making
any modification, in the rule or notification or decide effect only in such
modified form or be of no effect, 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 rules or notification. Any
rule, notification, order or appointment, made or issued under the Karnataka
State Civil Services Act, 1978 (Karnataka Act 14 of 1990) or otherwise
providing for or relating to any of the matters for the furtherance of which
this Act is an enacted, before the commencement of this Act and in force on the
date of commencement of this Act, to the extent they are not inconsistent with
the provisions of this Act, shall continue to be in force and effective as if
they are made or issued or appointed under the corresponding provisions of this
Act unless and until superseded by anything done or any Act action taken or any
rule, notification, order or appointment made under this Act. Schedule - SCHEDULE SCHEDULE (see section 2(f), (g) and (h) and section
12) SL NO. DESIGNATION OF
THE POSTS OF PRINCIPAL, TEACHING NON-TEACHING STAFF IN GOVERNMENT ENGINEERING
COLLEGES, GOVERNMENT. POLYTECHNICS, GOVERNMENT. JUNIOR TECHNICAL SCHOOL,
STERIC AND OFFICE OF THE DIRECTORATE OF TECHNICAL EDUCATION. (1) (2) 1. Government
Engineering Colleges- 1. Principal 2. Professors 3. Associate
Professors 4. Associate
Professors 5. Librarian 6. Assistant
Director of Physical Education and Sports 7. Placement Officer 2. Govt.
Polytechnics- 1. Principal
Garde-II or equivalent post of Deputy Director in Directorate of Technical
Education. 2. Principal
Grade-I equivalent post of Asst. Director/Subject Inspector in Directorate of
Technical Education 3. Head of
Department 4. Lecturer or
an equivalent post of Senior Technical Assistant/Technical Assistant/Research
Officer/Development Officer/Programmer/System Analyst in the Directorate of
Technical Education. 5. Asst.
Lecturer 3. Govt. Junior
Technical School- 1. Principal 2. Lecturer 3. Asst.
Lecturer Administrative and Technical Supporting staff 4. Assistant
Administrative Officer, Director 5. Registrar/public
Relation Officer 6. System Analyst 7. Junior
Programmer 8. Superintendent 9. Librarians 10. First Division
Assistant 11. Stenographer 12. Second Division
Assistant 13. Senior Data
Entry Operator 14. Data Entry
Operator 15. Typist 16. Workshop
Superintendent 17. Foreman 18. Foremen/Programmer
in Computer Engg. 19. Instructor 20. Asst. Librarian 21. Physical
Cultural Instructor 22. Asst. Librarian 23. Mechanic 24. Auto Driver
Mechanic 25. Camera man 26. Asst. Cameraman 27. Production
Assistant 28. Graphics artist 29. Projectionist 30. Sound Recordist 31. Asst. Recordist 32. Driver 33. Group-D i) Office
Attender ii) Helper iii) Head cook iv) Peon v) Watchman vi) Sweeper vii) Asst. Cook viii) Cleaner
(Hostel)
Preamble - KARNATAKA STATE CIVIL SERVICES
(REGULATION OF TRANSFER OF STAFF OF DEPARTMENT OF TECHNICAL EDUCATION) ACT,
2012PREAMBLE