Karnataka
State Civil Services (Regulation Of Transfer Of Teachers) (Amendment) Act, 2022
[32
OF 2022]
[13th
October 2022]
An Act further to amend the
Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2020.
Whereas it is expedient
further to amend the Karnataka State Civil Services (Regulation of Transfer of
Teachers) Act, 2020 (Karnataka Act 04 of 2020) for the purposes hereinafter
appearing;
Be it enacted by the
Karnataka State Legislature in the Seventy third year of the Republic of India,
as follows:-
Section - 1. Short title and commencement.
(1)
This Act may be called the Karnataka State
Civil Services (Regulation of Transfer of Teachers) (Amendment) Act, 2022.
(2)
It shall come into force at once.
Section - 2. Amendment of section 2.
In the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act,
2020 (Karnataka Act 04 of 2020) (hereinafter referred to as the Principal Act),
in section 2,-
(1)
for clause (d), the following shall be
substituted namely,-
"(d)
"Minimum period of service"
means a continuous service of three years in a school or pre-university college
including service rendered in a school or preuniversity college from where the
teacher or Lecturer has been re-deputed in the current academic year as per the
provisions of clause (f) of section 2 and section 4."
(2)
for clause (e), the following shall be
substituted namely,-
"(e)
"Order of Priority" means
priority list of teachers prepared based on weighted score obtained by the
teacher as per the criteria as may be prescribed, for the purpose of
counseling:
Provided that, for a
specified post Order of Priority means the merit list prepared as per the marks
obtained in the Examination specified for such posts;"
Section - 3. Amendment of section 7.
In section 7 of the principal Act,-
(i)
in sub-section (1), for fifth and sixth
provisos the following shall be substituted namely,-
"Provided also that,
the limit prescribed above shall not be applicable to the mutual transfers and
transfers made under special categories as defined in clause (i) to (iv) of
sub-section (1) of section 10 and transfers made to Kalyana Karnataka Region
(means the 06 districts as notified under 371J), Malenadu Region (Malnadu
region means to the blocks as notified in the relevant GO), Educationally
Backward Blocks (EBBs) (as per Dr. Nanjundappa report or as per the prevailed
Government Notification)."
(ii)
for sub-section (2), the following shall be
substituted namely,-
"(2)
The Mutual Transfer to a place within or
outside the unit of seniority shall be subject to condition that both teachers
must have completed minimum five years of service in the cadre; must be
otherwise eligible to transfer to that zone and must have minimum five years of
leftover service:
Provided that, both the teachers
have completed minimum years of service in the present place as per the
definition in section 2(d).
Provided further that, he
shall not be eligible for protection of seniority and such other condition
mentioned in section 7 if he voluntarily transfer from one unit to another unit
of seniority as may be prescribed;
Provided also that, in
respect of mutual transfer within previous years are not eligible for exemption
under section 2 (d):
Provided also that, in case
of Lecturer of Pre-University College or Composite Junior College the transfer
shall be permitted not more than once in service, subject to condition that
Lecturer of Pre-University College or Composite Junior College shall have
completed minimum seven years of service or must be otherwise eligible to be
transferred to that place and must have minimum five years of left over
service."
(iii)
after sub-section (3), the following provisos
shall be inserted namely,-
"Provided that,
transfers from blocks with more than 25 percent of vacancies shall not be
allowed except within taluk transfer and to those teachers who have completed
10 years of service in same cadre and taluk or 15 years of total (all cadres)
service in the same block (having more than 25 percent of vacancies):
Provided further that, while
calculating 25 percent of vacancies, it shall include all cadres of teachers
viz all primary category as per schedule for primary teachers and all secondary
category as per schedule for secondary teachers."
Section - 4. Amendment of section 10.
In section 10 of the principal Act,-
(1)
For sub-section (2), the following shall be
substituted namely,-
"(2)
The categories falling under clauses (i) to (iv) of sub-section (1) are
eligible for:
(a)
Exemption under rationalization.
(b)
Exemption under zonal transfer.
(c)
Priority under request transfers.
(Priority shall be claimed
only once during the service of a teacher.)
(d)
Priority while getting transferred back from
specified post, to which specified post they had been transferred by
successfully clearing the written examination as specified for such
posts."
(2)
For sub-section (5), the following shall be
substituted namely,-
"(5)
The teachers falling under clause (v), of
sub-section (1) shall be given priority during request transfer. If the teacher
is working in a different taluk from that of the spouse he is allowed to seek
transfer to the vacancy available in any of the taluk of that district.
If both are working in the
same taluk then they are not eligible to make application under priority."
(3)
For sub-section (6), the following shall be
substituted namely,-
"
(6) The teachers eligible under clause (v), of sub-section (1) for request
transfer or while getting transferred back from specified post to which they
had been transferred by successfully clearing the written examination as
specified for such posts, will be given priority as per the order of
priority."