KARNATAKA STATE CIVIL SERVICES ACT, 1978
14 of 1990
An Act to regulate the recruitment and the conditions of service of persons appointed to Civil Services of the State of Karnataka and posts in connection with the affairs of the State of Karnataka. Whereas under clause (2) of Article 187, clause (2) of Article 229 and Article 309 of, and under entries 3 and 41 of List II of the Seventh Schedule to, the Constitution of India, the Legislature of the State may by law regulate the recruitment and the conditions of service of persons appointed to public services and posts in connection with the affairs to the State of Karnataka and to the Secretarial staff of the Houses of the Karnataka State Legislature, and the conditions of service of officers and servants of the High Court of Karnataka; And whereas it is expedient to make a law for the aforesaid matters and for other matters hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Twenty-ninth Year of the Republic of India as follows:-
Section 1 Short title and commencement
11. Section 1 shall be and shall be deemed always to have been substituted by Act No. 37 of
(1) This Act may be called the Karnataka State Civil Services Act, 1978.
(2) It shall come into force on such date as the State Government may, by notification, appoint.]
Section 2 Definitions
In this Act, unless the context otherwise requires,-
22. Clause (1) inserted by Act No. 37 of 1991, w.e.f. 10-12-1991 [(1) "Board" means the Board consisting of the Chairman, Legislative Council and the Speaker, Legislative Assembly;]
33. Existing clause (1) renumbered as clause (1-a) by Act No. 37 of 1991, w.e.f. 10-12-1991 [(1-a)] "High Court" means the High Court of Karnataka;
(2) "Legislature" means the Karnataka State Legislature;
(3) "Public Service" means a civil service of the State and includes a Civil Post under the State, the Secretarial staff of the Houses of the Legislature and the officers or servants of the High Court;
(4) "Rules" means the rules made or deemed to have been made under this Act;
44. Clause (4-a) inserted by Act No. 37 of 1991, w.e.f. 10-12-1991 [(4-a) "Special Board" means the Board consisting of Chief Minister, the Chairman, Legislative Council, the Speaker, Legislative Assembly, the Minister-in-charge of Parliamentary Affairs and the Minister-in-charge of Finance;]
(5) "State" means the State of Karnataka.
Section 3 Regulation of recruitment and the conditions of service
(1) Subject to the provisions of this Act, the State Government, may, by notification, make rules,-
(a) Specifying the different categories of posts in the different branches of public services of the State, the total number and nature of posts in each such category and the scale of pay admissible to each such category;
(b) for the regulation of the recruitment and conditions of service of persons appointed to public services:
11. Provisos substituted for the proviso by Act No. 37 of 1991. w.e.f. 10-12-1991 [Provided that in respect of the officers and servants of the High Court, the powers of the State Government under this sub-section, shall be exercised by the Chief Justice of the High Court:
Provided further that in respect of the Secretariat Staff of the Houses of he Legislature, the powers of the State Government under this sub-section, shall be exercised by the Special Board.]
22. Sub-section (2) substituted by Act No. 37 of 1991, w.e.f. 10-12-1991 [(2) The power to make rules conferred by sub-section (1) shall be subject to the following conditions, namely.-
(a) the rules shall be made after previous publication for a period not less than thirty days;
(b) where the proposed rules relate to the methods of recruitment to civil services or civil posts in respect of which the Karnataka Public Service Commission has to be consulted under clause (3) of Article 320 of the Constitution of India and in the case of officers and servants of the High Court under the proviso to clause (1) of Article 229 of the Constitution of India, a copy of the draft rules as published under clause (a) shall be forwarded to the Secretary of the Karnataka Public Service Commission for communicating the views of the Commission on the proposed rules within the period specified under the said clause;
(c) the State Government or the Chief Justice of the High Court or the Special Board shall consider the views of the Karnataka Public Service Commission and any objection or suggestion from any person likely to be affected by the said rules received before the expiry of the period specified under clause (a) and make the rules with such modifications as it or he may deem fit:
Provided that nothing in this sub-section shall apply to rules regulating the pay and other emoluments of persons appointed to public services.]
(3) All rules relating to matters referred to in sub-section (1) and in force on the date of commencement of this Act.--
(i) made by the Governor under clause (3) of Article 187 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to the Secretarial staff of the Houses of Legislature;
(ii) made by the Chief Justice of the High Court of Karnataka or some other Judge or officer of the High Court of Karnataka authorised by the Chief Justice under clause (2) of Article 229 of the Constitution of India regulating the conditions of service of the officer and servant of the High Court of Karnataka; and
(iii) made by the Governor under the proviso to Article 309 of the Constitution of India, regulating the recruitment and conditions of service of persons appointed to the civil services and posts in connection with the affairs of the State; and
(iv) made by the Government under any law for the time being in force, shall be deemed to be rules made under sub-section (1) and shall continue in force until they are modified or replaced by rules made under this Act.
Section 4 Reservation of appointments and posts
In all cases of recruitment to public services there shall be reservation of appointment or posts in favour of members belonging to Scheduled Castes, Scheduled Tribes and other Backward classes of citizens to such extent and in such manner as may be determined from time to time by the State Government.
Section 5 Provisions relating to disciplinary proceedings
(1) The State Government may, by notification, invest any authority or officer authorised by any law or the rules made or deemed to have been made under this Act to make an inquiry into the conduct of any member of public services with the powers of a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely.-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be specified in such notification:
11. Proviso inserted by Act No. 37 of 1991, w.e.f. 10-12-1991 [Provided that in respect of any inquiry against the officers and servants of the High Court or the Secretariat Staff of the Houses of the Legislature, the powers of the State Government under this sub-section shall be exercised by the Chief Justice of the High Court and the Special Board or the Board as the case may be respectively.]
22. Substituted for the word "Provided" by Act No. 37 of 1991, w.e.f. 10-12-1991 [Provided further] that in respect of any inquiry by any authority or officer authorised by the High Court or the Chief Justice of the High Court. The power of a civil court referred to in this sub-section may, by notification, be invested on such authority or officer by the High Court or the Chief Justice, as the case may be:
33. Substituted for the words "Provided further" by Act No. 37 of 1991, w.e.f. 10-12-1991 [Provided also] that notwithstanding anything contained in sub-section (1), the authorised inquiring authority shall not compel the Reserve Bank of India, the State Bank of India, any subsidiary bank as defined in clause (k) of Section 2 of the State Bank of India (Subsidiary Banks) Act, 1959 (Central Act 38 of 1959) or any corresponding new bank constituted under Section 3 of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (Central Act 5 of 1970),-
(a) to produce any books of account or other documents which the Reserve Bank of India, the State Bank of India; the subsidiary Bank or the corresponding new Bank claims to be of a confidential nature, or
(b) to make any such books or documents a part of the record of the proceedings of the departmental inquiry, or
(c) to give inspection of any such books or documents, if produced, to any party before it or to any other person.
(2)
(a) Any authority or officer invested with the powers of a civil court under sub-section (1) shall be deemed to be a civil court and when any offence as is described in Section 175, Section 178, Section 179, Section 180
(b) Any proceeding before the said authority or officer shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860):
(3) If in any disciplinary proceeding against a member of the public services for misconduct or corruption it is proved that such member or any person on his behalf is in possession, or has, at any time during the period of office of such member, been in possession, for which such member cannot satisfactorily account, of pecuniary resources or property disproportionate to his known sources of income then on such proof, the disciplinary authority and the inquiring authority, if any, shall presume, unless the contrary is proved, that such servant is guilty of sucli misconduct.
Explanation.-For the purpose of this sub-section the expression "corruption" shall have the meaning assigned to the expression "Criminal misconduct in discharge of official duty" in sub-section (1) of Section 5 of the Prevention of Corruption Act, 1947 (Central Act 2 of 1947) or the meaning assigned to the expressions "taking gratification other than legal remuneration in respect of an official act" and "obtaining valuable thing without consideration" in Sections 161 and 165 respectively of the Indian Penal Code.
Section 6 Act to prevail over other laws
This Act and any rule made or deemed to have been made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law with respect to matters for which provision is made in this Act or for which rules can be made under this Act:
Provided that nothing in this Act shall affect or be deemed to affect the provisions of the Acts specified in the Schedule appended to this Act.
Section 7 Amendment of Karnataka Acts, 4 of 1964, 22 of 1964, 27 of 1966 and 14 of 1977
11. The figures and word "10 of 1959" omitted by Act No. 37 of 1991, w.e.f. 10-12-1991 22. Sub-section (1) omitted by Act No. 37 of 1991, w.e.f. 10-12-1991
[(1) x x x x x.]
(2) In the Karnataka Police Act, 1963, (Karnataka Act 4 of 1964),-
(a) in Section 5,-
(i) the words and figures "the provisions made under Article 309 of the Constitution and" shall be ornited;
(ii) clause (b) and the proviso shall be omited;
(b) Sections 23, 24 and 25 shall be omited:
Provided that the rules made under that Act, relating to recruitment and conditions of service of the members of the Police force shall continue in force and the provisions of Sections 23,24 and 25 shall also continue in force as part of the disciplinary rules as if they were rules made under this Act.
(3) In the Karnataka Municipalities Act, 1964, (Karnataka Act 22 of 1964) in sub-section (2) of Section 365 for the words "under Article 309 of the Constitution" the words and figures "under the Karnataka State Civil Services Act, 1978" shall be substituted.
(4) In the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966), in sub-section (2) of Section 59 for the words "under Article 309 of the Constitution" the words and figures "under the Karnataka State Civil Services Act, 1978" shall be substituted.
(5) In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) in sub-section (2) of Section 83, for the words and figures "under the rules framed under the proviso to Article 309 of the Constitution of India" the words "to them" shall be substituted.
Section 8 Power to make rules
(1) The State Government may, by notification, make rules 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 (3), every rule made under this Act shall have effect as if it is enacted in this Act.
(3) Every rule made 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 both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Section 9 Repeal
11. Section 9 renumbered as sub-section (1) thereof by Act No. 37 of 1991, w.e.f. 10-12-1991 [(I)] The public Servants (Enquiries) Act, 1850 (Central Act, 37 of 1850) in its application to the State of Karnataka and the Hyderabad Public Servants (Tribunal of Enquiries) Act, 1950 (Hyderabad Act, XXIII of 1950) as in force in the Gulbarga Area are hereby repealed.
22. Sub-section (2) inserted by Act No. 37 of 1991, w.e.f. 10-12-1991 [(2) Notwithstanding such repeal, anything done or any action taken under the repealed Acts shall be deemed to have been done or taken under this Act.]
SCHEDULE 1 SCHEDULE
SCHEDULE [See Section 6]SCHEDULE
[See Section 6]
1. The Karnataka State Civil Services Class-Ill posts (Recruitment) (Validation) Act, 1965.
2. The Karnataka State Civil Services (Prevention of Strikes) Act, 1966.
3. The Karnataka Civil Services (Regulation of Pay, Promotion and Pension) Act, 1973.
4. The Karnataka State Servants (Determination of Age) Act, 1974
5. The Karnataka Services Examination Act, 1976.
6. The Karnataka Lokayukta Act, 1984.
RULE:
KARNATAKA CIVIL SERVICES APPOINTMENT OF THE FAMILY MEMBER OF PERSONS DECEASED IN COMMUNAL CLASHES ON COMPASSIONATE GROUNDS (SPECIAL) RULES, 1993
Whereas, the draft of the Karnataka Civil Services Appointment of the Family Member of Persons Deceased in Communal Clashes on Compassionate Grounds (Special) Rules, 1993 was published as required by sub-section (2) of Section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 1 SCA 93, dated 4th March, 1993, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 10th March, 1993 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette. And whereas, the said Gazette was made available to public on 10th March, 1993. And whereas, the suggestions and objections received by the State Government on the said draft have been considered. 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 Government of Karnataka hereby makes the following rules, namely.
Rule 1 Title and commencement
(1) These rules may be called the Karnataka Civil Services Appointment of the Family Member of Persons Deceased in Communal Clashes on Compassionate Grounds (Special) Rules, 1993.
(2) They shall be deemed to have come into force with effect from 1st day of August, 1990.
Rule 2 Definitions
(1) In these rules unless the context otherwise requires.
(a) "Communal Clash" means a clash between persons belonging to two or more communities having faith in their respective religion and includes such other clash or violence relating thereto as the State Government may, by notification specify;
(b) "Deceased" means persons deceased in communal clashes and certified as such by the Deputy Commissioner of the District concerned;
(c) "Family" means members of the family wholly dependent on the earning of the person deceased in communal clashes and whose family has no other income other than that earned by the deceased and includes.
(i) the wife or husband as the case may be, of the person deceased but does not include the wife or husband, as the case may be, separated from him by decree or order of Competent Court or in accordance with their personal laws;
(ii) legitimate son or daughter or step son or daughter and wholly dependent on the person deceased but does not include a child or a step child who is no longer in anyway dependent on him or whose custody he has been deprived by or under any law;
11. Sub-clause (iii) inserted by GSR 1, dated 18-12-1995 and shall be deemed to have come into force w.e.f. 1-8-1990 [(iii) brother or sister of the person deceased, if he/she was unmarried;]
(d) "Form" means form appended to these rules.
(2) All other words and expressions used in these rules and not defined shall have the same meaning assigned to them in the Karnataka State Civil Services (General Recruitment) Rules, 1977.
Rule 3 Appointment
(1) Notwithstanding anything contrary to these rules contained in any rules in force made or deemed to have been made under the Karnataka Civil Services Act, 1978 (Karnataka Act 14 of 1990), no member of the family of the person deceased in communal clashes shall be appointed in Group 'C' or 'D' category of posts in any of the State Civil Services unless.
(a) he is wholly dependent on the person deceased and has no other income;
(b) he produces a certificate of the Deputy Commissioner of the concerned District in Form 'D' regarding income, entitlement and other facts;
(c) he is found eligible within the age limit prescribed for the post;
(d) he possesses the educational qualifications prescribed for the posts in accordance with the Cadre and Recruitment Rules of the Department in which he is appointed;
(e) he produces the death certificate of the person deceased from the registrar of births and deaths;
(f) he produces an affidavit to the effect that his family has no other income;
(g) he produces a certificate from the Deputy Commissioner concerned that no other member of his family has claimed the appointment under these rules, in Form 'D':
[Provided that nothing in this sub-rule or sub-rule (5) of Rule 5 of the Karnataka Civil Services (General Recruitment) Rules, 1977 insofar as they relate to education qualification shall apply to appointment under these rules to any Group 'D' post.]
[Provided further that such appointment shall be confined to any post in Group 'C' or Group 'D', depending upon the qualification specified for the post, but excluding the posts carrying the pay scales higher than the scale of pay of the post of Assistant in the Karnataka Government Secretariat, as may be revised from time to time and any other post in either of the groups as may be specified by the Government from time to time.
(2) The appointment under sub-rule (1), shall be made in the order of the preference specified beipw.
(a) wife or husband as the case may be;
(b) if wife or husband is not available or not willing to join the service, son of the deceased;
(c) if son is not available or willing to join the service, the daughter of the deceased.
[(d) brother or sister of the person deceased, if he/she was unmarried.]
Rule 4 Application
(1) A family member of the person deceased shall submit his application for appointment in Form 'A' within one year from the date of death of the deceased [x x x x x] to the Deputy Commissioner of the concerned District.
11. Provisos inserted by Notification No. DPAR 29 SCA 96, dated 5-2-2001, w.e.f. 6- 2-2001 [Provided that where the person seeking appointment under these rules is a minor, he or she shall make an application within a period of two years from the date of death of the person deceased and he or she must have attained the age of eighteen years on the date of making the application:
Provided further that where an application could not be made before the publication of the Kamataka Civil Services (Appointment of the Family Member of Persons Deceased in Communal Clashes on Compassionate Grounds) (Special) (Third Amendment) Rules, 2000.
(i) by a person who was minor at the time of death of the deceased in communal clashes; or
(ii) by a person due to absence of the provision relating to relaxation of educational qualification contained in the first proviso to sub-rule (1) of Rule 3;
(2) The Deputy Commissioner on receipt of such application shall verify the particulars of the application with facts and recommend the same to the Divisional Commissioner of the concerned Revenue Division within three months from the date of receipt.
(3) The Divisional Commissioner of the concerned Revenue Division shall verify the recommendations of the Deputy Commissioner and if he finds that the said applicant is entitled for appointment under these rules shall then forward it to any one of the Head of the Department, with its recommendation, depending on the availability of the vacancy in that Department.
(4) The Head of the Department on receipt of such application, forwarded from the Divisional Commissioner shall appoint the applicant after satisfying himself, after such enquiry as may be considered necessary that each of such candidate is found suitable in all respects for such appointment.
Rule 5 Registers
(1) The Deputy Commissioner of each District shall maintain a register in Form 'B' and shall enter the details of his recommendations in respect of the application forwarded to the Divisional Commissioner of the concerned Revenue Division and while recommending applications to the Government shall also certify that no applications of any other member of the family of the applicant has been recommended earlier for appointment under these rules.
(2) The Heads of the Departments shall also maintain a register in Form 'C' regarding the appointment made under these rules.
KARNATAKA CIVIL SERVICES (APPOINTMENT OF FAMILY MEMBERS OF PERSONS BELONGING TO SCHEDULED CASTES OR SCHEDULED TRIBES WHO DIE IN ATROCITIES ON SCHEDULED CASTES OR SCHEDULED TRIBES, ON COMPASSIONATE GROUNDS) (SPECIAL) RULES, 1999
Whereas, the draft of the Karnataka Civil Services (Appointment of the Family Members of persons belonging to Scheduled Castes or Scheduled Tribes who die in atrocities on Scheduled Castes or Scheduled Tribes on Compassionate Grounds) (Special) Rules, 1999 was published as required by clause (a) of sub-section (2) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 53 SCA 97, dated 4th November, 1999 in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 4th November, 1999 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of the publication of the draft in the Official Gazette. Whereas, the said Gazette was made available to the public on 4th November, 1999. And whereas, the objections and suggestions received have been considered by the State Government. 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 Government of Karnataka hereby makes the following rules, namely
Rule 1 Title and commencement
(1) These rules may be called the Karnataka Civil Services (Appointment of Family Members of persons belonging to Scheduled Castes or Scheduled Tribes who die in atrocities on Scheduled Castes or Scheduled Tribes, on Compassionate Grounds) (Special) Rules, 1999.
(2) They shall be deemed to have come into force with effect from 10th July, 1994.
Rule 2 Definitions
(1) In these rules unless the context otherwise requires,-
(a) "Atrocity" means an offence punishable under Section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Central Act 33 of 1989);
(b) "Family" means members of the family wholly dependent on the earning of the person deceased due to atrocities, and whose family has no other income other than that earned by the deceased and includes.-
(i) Wife or husband, as the case may be, of the person deceased, but does not include the wife or husband, as the case may be, separated from him by decree or order of a Competent Court or in accordance with their personal laws;
(ii) Legitimate son or daughter or stepson or daughter and wholly dependent on the person deceased but does not include a child or a stepchild who is no longer in anyway dependent on him or whose custody he has been deprived by or under any law;
(iii) Brother or sister of the person deceased, if he/she was unmarried;
(c) "Form" means a Form appended to these rules;
(d) "Person Deceased" means a person belonging to Scheduled Castes or Scheduled Tribes who dies in atrocities and certified as such by the Deputy Commissioner of the district concerned.
(2) All other words and expressions used in these rules and not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Appointment
(1) Notwithstanding anything contrary to these rules contained in. any rules in force made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) a member of the family of the person deceased in atrocity cases may be appointed in any Group "C" or "D" category of posts in any of the State Civil Services in accordance with these rules:
Provided that such appointment shall be confined to the Posts of First Division Assistants or Second Division Assistants or posts in equivalent grade in Group 'C' and any Group 'D' post depending upon the qualification specified for the post but excluding such posts specified by the Government from time to time, in respect of compassionate appointment under sub-rule (4) of Rule 4 of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.
(2) Appointment of such member under sub-rule (1) shall not be made unless.-
(a) he is wholly dependent on the person deceased and has no other income;
(b) he produces a certificate of the Deputy Commissioner of the concerned District in Form "D" regarding income, entitlement and other facts;
(c) he is found eligible within the age limit specified for the post;
(d) he possesses the educational qualifications specified for the post in accordance with the cadre and recruitment rules of the Department in which he is appointed;
(e) he produces the Death Certificate of the person deceased from the Registrar of Births and Deaths;
(f) he produces an affidavit to the effect that his family has no other income;
(g) he produces a certificate from the Deputy Commissioner concerned that no other member of the family has claimed the appointment under these rules, in Form "D".
(3) The appointment under sub-rule (1), shall be made in the order of the preference specified below.-
(a) wife or husband, as the case may be;
(b) if wife or husband is not available or not willing to join the service, son of the person deceased;
(c) if son is not available or not willing to join the service, the unmarried daughter of the person deceased;
(d) brother or sister of the deceased, if he/she was unmarried.
Rule 4 Application
(1) A member of the family of the person deceased shall submit his application for appointment to the Deputy Commissioner of the concerned District in Form "A" within one year from the date of death of the person deceased or within one year from the date of Publication of these rules in the Official Gazette whichever is later:
Provided that in case of a claimant who is a minor, application shall be made within a period of two years from the date of death of the person deceased and he must have attained the age of eighteen years on the date of making the application:
Provided further that where an application could not be made for any reason during the period between 10th July, 1994 and the date of commencement of these rules, by a member of the family of the person deceased after having attained the age of eighteen years, he may make an application within a period of one year from the date of publication of these rules in Official Gazette.
(2) The Deputy Commissioner shall on receipt of such application verify the particulars of the application with facts and recommend the same to the Divisional Commissioner of the concerned Revenue Division within three months from the date of receipt of such application.
(3) The Divisional Commissioner of the concerned Revenue Division shall verify the recommendation of the Deputy Commissioner and if he finds that the said applicant is entitled for appointment under these rules he shall then forward, it to any one of the Heads of the Department, with his recommendation, depending on the availability of the vacancy in that Department.
(4) The Head of the Department on receipt of such application, forwarded from the Divisional Commissioner shall, after such enquiry as may be considered necessary and satisfying himself that the applicant is found suitable for appointment in all respects, appoint such person to a direct recruitment vacancy.
Rule 5 Registers
(1) The Deputy Commissioner of each District shall maintain a register in Form "B" and shall enter the details of his recommendations in respect of the application forwarded to the Divisional Commissioner of the concerned Revenue Division and while recommending applications he shall also certify that no applications, of any other member of the family of the applicant has been recommended earlier for appointment under these rules.
(2) The Heads of the Departments shall also maintain a register in Form "C" regarding the appointment made under these rules.
APPENDIX 1 FORM
FORM A
Particulars of Appointment of the
family member of persons belonging to Scheduled Castes or Scheduled Tribes as
per Karnataka Civil Services (Appointment of the family members of persons
belonging to Scheduled Castes or Scheduled Tribes who did in Atrocities on
Scheduled Castes or Scheduled Tribes on Compassionate Grounds) (Special) Rules,
1999.
(To
be furnished by the Applicant)
1. Name of the Applicant 2. Date of Birth 3. Educational Qualification 4. Name of the person deceased 5. Whether belongs to SC/ST 6. The relationship with the person deceased 7. Whether the deceased is the only earning member, if so.
(a) Nature of work;
(b) Occupation of the deceased at the time of death;
(c) Monthly/ Annual Income of the deceased. 8. Whether any other earning member in the family? If so.
(a) Nature of work;
(b) Occupation at the time of death;
(c) Monthly/Annual Income 9. Particulars of all the dependents of the family
SI.No. Name Age Qualification Marital Status Present Profession How related to the deceased person
I also agree to accept
any post offered to me, in Group 'C' or Group 'D' depending on the availability
of vacancy in any department.
Place: Signature
of Applicant.
Dated:
APPENDIX 2 FORM
FORM
B
Register
to be maintained by Deputy Commissioner of each District and their
Recommendation to
The
concerned Divisional Commissioner
1. Name of the Applicant 2. Date of Birth 3. Educational Qualification 4. Name of the person deceased 5. Whether belongs to SC/ST 6. Date of death cause and place of death 7. Whether the death is due to atrocities/police firing or otherwise 8. If not due to atrocities /police firing, the other reasons for death 9. Whether the person killed was only earning member if so, the annual income and nature of work of the person killed. 10. Whether any other members of this family availed the benefit under this scheme 11. Recommendations of the Deputy Commissioner
Place:
Signature
of Deputy Commissioner
Dated:
APPENDIX 3 FORM
FORM
C
Particulars
of the Appointment to be maintained by the Department
1. Name of the Applicant 2. Date of Birth 3. Educational Qualification 4. Recommendations of the concerned Divisional Commissioner 5. Date of appointment and post given 6. Total number of such appointment made in the Department 7. Remarks of the Head of the Department
Place: Signature
of the Head of the Department
Dated:
APPENDIX 4 FORM
FORM
D
Information
to be furnished by the Deputy Commissioner
1. Name of the Person deceased /killed 2. Age at the time of death 3. The reasons for the death 4. Whether due to atrocities or police firing or stabbing or any other reasons. 5. If the person is 100 per cent disabled the nature of the disability along with the certificate from District Surgeon. 6. Whether the views of the Police Department are obtained? If so, the views of the police in this behalf 7. Income of the deceased
Place: Signature
of the Deputy Commissioner
Dated:
KARNATAKA CIVIL SERVICES (PERFORMANCE REPORTS) RULES, 1994
Whereas, the draft of the Karnataka Civil Services (Performance Reports) Rules, 1993 was published as required by clause (a) of sub-section (2) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 2 ACR 93, dated 12th May, 1993 in Part IV, Section 2-C(i) of the Karnataka Gazette, dated 10th June, 1993 inviting objections and suggestions from persons likely to be affected thereby, within thirty days from the date of its publication in the Official Gazette. Whereas, the said Gazette was made available to the public on 10th June, 1993. And whereas, the objections or suggestions received in this behalf have been considered by the State Government. 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 Government of Karnataka hereby makes the following rules, namely
Rule 1 Title, commencement and application
(1) These rules may be called the Karnataka Civil Services (Performance Reports) Rules, 1994.
(2) They shall come into force from the date of their publication in the Official Gazette.
(3) They shall apply to all officers:
Provided that nothing in these rules shall apply to.-
(a) Officers governed by All India Services (Confidential Rolls) Rules, 1970;
(b) Officers of Kamataka Judicial Services; and
(c) persons holding.-
(i) posts of Senior Drivers, Drivers; and
(ii) any of the Group D posts.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires.-
(a) "Accepting Authority" means the authority who during the period for 'which performance report is written, was immediately superior to the Reviewing Authority;
(b) "Appointing Authority" means the Appointing Authority as defined in the Kamataka Civil Services (Classification, Control and Appeal) Rules, 1957;
(c) "Forms" means forms appended to these rules;
(d) "Officer" means the Government Servants as defined in the Kamataka Civil Services (General Recruitment) Rules, 1977;
(e) "Performance Journal" means a Journal maintained by an Officer in the manner specified in sub-rule (4) of Rule 3;
(f) "Performance Report" means the performance report written in accordance with the provisions of Rules 5 to 7 of these rupees;
(g) "Reporting Authority" means the authority who, during the period for which the performance report is written, was immediately superior to the Officer concerned;
(h) "Reviewing Authority" means the authority who during the period for which the performance report is written, was immediately superior to the Reporting Authority; (i) "Year" means the financial year beginning on the 1st day of April of a year and ending on 31st day of March of the next year.
(2) Other words and expressions used but not defined in these rules shall have the same meaning as in the Kamataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Maintenance of performance report file and performance journal
(1) A performance report file shall be maintained in respect of every officer by the Appointing Authority.
(2) The performance report file shall contain the following documents, namely.-
(a) Confidential Reports or performance reports of the Officer;
(b) Records of letter of appreciation, award or reward or medal awarded, if any, to the Officer;
(c) Copy of order in respect of any disciplinary proceedings against the concerned Officer;
(d) details of books, articles and any other publication brought out by the Officer relating to Civil Services, administration and other subjects having relevances to public services.
(3) The Appointing Authority or such other authority as may be specified by the Appointing Authority in the behalf, shall be the custodian of the performance report file.
(4) The Appointing Authority or the Head of the Department concerned, wherever it is necessary to do so shall specify the form in which the performance journal is required to be maintained by an officer holding a class or cadre of post. The performance journal shall also contain the details regarding the physical and financial targets to be achieved by an officer holding, any class of cadre of post fixed by the Appointing Authority, in consultation with the officer concerned, on each item of work, depending on the nature, area and other features of work, for each year.
Rule 4 Performance report
(1) The Reporting Authority shall write a performance report in respect of.-
(i) Group 'A' and 'B' Officers, in Form I
(ii) Group 'C' Officers in ministerial posts or service, in Form II and
(iii) Group 'C' Officers in Non-ministerial posts or service, in Form III.
(2) every officer holding a class or cadre of post in respect of which a performance journal is required to be maintained under sub-rule (4) of Rule 3 shall maintain it in such manner as may be specified therein.
(3) Every Officer shall furnish particular in Part I and a Self Assessment Report in Part II of Form I, or Form II or one month of the close of the year and where financial or physical targets are specified such Self Assessment shall be based on the target achieved and recorded in the Performance Journal. 11. The words "ordinarily within one month of its receipt from the officer concerned and in any case not later than two months of the close of the year" omitted by Notification No. DPAR 5 ACR 98, dated 1-6-1999 and shall be deemed always to have been omitted. [The fact of having furnished particulars and self assessment in Parts I and II shall be intimated to the Appointing Authority under due acknowledgement.]
Rule 5 Writing of performance report
(1) Performance Report, assessing performance of the officer, shall be written by the Reporting Authority in Form I, Form II or Form III, as the case may be and forwarded to the Reviewing Authority 11. The words "ordinarily within one month of its receipt from the officer concerned and in any case not later than two months of the close of the year" omitted by Notification No. DPAR 5 ACR 98, dated 1-6-1999 and shall be deemed always to have been omitted. [x x x x xj: 22. Proviso inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 [Provided that if the officer concerned does not furnish the particulars and self assessment in Parts I and II within the specified time, the Reporting Authority shall himself initiate the performance report duly recording the name and other available particulars of concerned officer, along with the fact that the officer concerned has not furnished particulars and self assessment:]
Provided 33. Inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 [further] that if more than one performance report is written in a year, each of such report shall specify the period for which it is written.
(2) The performance report shall also be written when either the Reporting Authority or the officer relinquished charge of the post, and in such case it shall be written at the time of relinquishment of the post or immediately thereafter and forwarded to the Reviewing Authority.
(3) Where the Reporting Authority has not seen and the Reviewing Authority has been the performance of an officer for at least three months during the period for which performance report is to be written, the performance report of any such officer for any such period shall be written by the Reviewing Authority and forwarded to the Accepting Authority and where both the Reporting Authority and the Reviewing Authority have not seen and the Accepting Authority has seen the performance as aforesaid of any such officer during any such period, the performance report shall be written by the Accepting Authority.
(4) Where the Reporting Authority, the Reviewing Authority and the Accepting Authority have not seen the performance of an officer for at least three months during the period for which a report is to be written, an entry to that effect shall be made in the performance report for any such period by the Accepting Authority.
44. Sub-rule (5) inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 [(5) where the Reporting Authority, the Reviewing Authority or the Accepting Authority has not been able to write, review or accept the report, as the case may be due to retirement or any other reason the procedure prescribed in sub-rule (3) and (4) shall mutatis mutandis apply and entries shall be made accordingly.]
Rule 6 Review of report
The report shall be reviewed by the Reviewing Authority and forwarded to the Accepting Authority 11. The words "ordinarily within one month of its receipt from the Reporting Authority" omitted by Notification No. DPAR 5 ACR 98, dated 1-6-1999 and shall be deemed always to have been omitted. [x x x x x]: 22. Proviso inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 [Provided that where the Reviewing Authority has not seen the performance of an officer for at least three months he shall not review the report but shall be an entry to that effect.]
Rule 7 Acceptance of report
The report, after review, shall be accepted with such modification as may be considered necessary by the Accepting Authority 33. The words "ordinarily within one month of its receipt from the Reviewing Authority" omitted by Notification No. DPAR 5 ACR 98, dated 1-6-1999 and shall be deemed always to have been omitted. [x x x x x]:
44. Proviso inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 [Provided tat where the Accepting Authority has not seen the performance of an officer for at least three months he shall not accept the report but shall make an entry to that effect.]
Rule 8 Time limit for writing report
Notwithstanding anything contained in Rules 5, 6 and 7, the Reporting or the Reviewing or the Accepting Authority or any other authority shall not write, review or accept or record his views in the reports.-
55. Clause (a) omitted by Notification No. DPAR 5 ACR 98, dated 1-6-1999 [(a) x x x x x];
(b) where the concerned authority.-
(i) has retired from service; or
(ii) has demitted office.
Rule 9 Communication of adverse remarks
(1) Where the Reporting Authority or the Reviewing Authority or the Accepting Authority makes any remark in the report, such authority shall make a note indicating whether such remark is adverse or advisory in nature:
Provided where the Reporting Authority or Reviewing Authority fails to so indicate, the Accepting Authority shall specifically indicate whether any such remark is adverse or advisory in nature.
(2) All adverse remarks in the report shall be communicated by the Accepting Authority to the concerned officer in writing together with the substance of good points in the report 77. Substituted for the words "within thirty days from the completion of the period specified in clause (a) of Rule 8" by Notification No. DPAR 5 ACR 98, dated 1-6-1999 and shall be deemed always to have been substituted. [within such time as the Govern-
Provided where Ministers are Accepting Authorities, the Secretary to Government concerned shall communicate the adverse or the advisory remarks as the case may be.]
Rule 10 Representation against adverse remarks
(1) An officer to whom adverse remarks are communicated under sub-rule (2) of Rule 9, may within a period of forty-five days from the date of receipt of communication submit his representation, if any, against adverse remarks to the authority to which the Accepting Authority is immediately subordinate; or to any other Superior Authority authorised by Government by Notification in the behalf:
Provided that a representation made after the expiry of forty-five days specified above may be considered, if such authority is satisfied the officer had sufficient cause for not submitting the representation in time.
(2) The authority referred to in sub-rule (1), shall if necessary, in consultation with Reporting or Reviewing or Accepting Authority consider the representation made and pass suitable orders thereon and communicate the same to the Officer within three months from the date of receipt of his representation. The order of the said authority, shall be final.
Rule 10A Letter of appreciation, award or reward or medal
11. Rule 10-A inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 .-Record or letter of appreciation, award, reward or medal issued, if any, by Government to an officer shall be placed in the performance report file of the officer concerned. Record of letter of appreciation issued by the Secretary to Government or a Head of the Department, as the case may be to an officer shall also be placed in the performance report file. Record of letter of appreciation issued to an officer, if any, by a Board or a Corporation or a Company or a committee or a Local Authority or any non-Governmental organisation shall be placed in the performance report file, if in the opinion of the Accepting Authority under these rules, it deserves to be placed as such.]
Rule 11 Removal of difficulties
If any difficulty arises in identifying the Reporting or Reviewing or Accepting Authority, in respect of an officer whose performance report has to be written, reviewed or accepted the Appointing Authority may, by order specify the Reporting or Reviewing or Accepting Authority, as the case may be. The decision of the Appointing Authority in this behalf shall be final.
Rule 11A Special report
11. Rule 10-A inserted by Notification No. DPAR 01 ACR 96, dated 28-10-1996, w.e.f. 12-12-1996 Notwithstanding anything contrary contained in these rules where performance reports in respect of an officer are not available for one or more years, the Appointing Authority, if so desires, for reasons to be recorded in writing, may direct the officer concerned the Reporting Authority, the Reviewing Authority, the Reviewing Authority and the Accepting Authority to prepare and submit within a specified time a special report for the entire period or for each year for which the report is not written, by following the same procedure prescribed in Rules 4, 5, 6 and 7.]
Rule 12 Repeal
(1) The Karnataka Civil Services (Confidential Reports) Rules, 1985 are hereby repealed:
Provided that the said repeal shall not affect the previous operation of the said rules or anything duly done or suffered thereunder or affect any right, liability or obligation acquired, accrued or incurred under the said rules.
(2) Any reference in any rule or order to the rule repealed by sub-rule (4), shall be construed as a reference to these rules.
(3) All proceedings commenced under the rules repealed by sub-rule (1) and pending on the date of commencement of these rules shall be continued and disposed of in accordance with the provisions of these rules.
APPENDIX 1 FORM-1
Particulars PART I : Particulars
(To be filled by the Officer reported upon)
1. Name of the Officer:..
2. Date of Birth:.
3. Date of joining Government Service:.
4. Service to which the Officer belongs:.
5. Posts held during the period of report: From To
Previous service, if any Held previously (1)
(2)
6. Period of absence from duty (periods spent on leave/
Training during the year:. From To
(a) Leave:
(b) Training Deputed Deputed: Attended but not
Attended and reasons for not attending
(c) Particulars of training.
7. Qualification acquired, if any, during the period of report.
8. Date of filing the annual property returns (Assets and Liabilities statement)
PART II: Self Assessment
(To be made by the Officer reported upon)
1. Brief description of duties:
2. Please/specify the physical,. targets and objectives set for yourself or that were set for you in respect of various tems of work, in order of Priority and your achievement against each target:
SI. No.
Target
Achievements
1.
2.
3.
4.
3. (a) Please state briefly the shortfalls, if any, with reference to the targets/ objectives referred to in Column 2. Please specify constraints, if any, in achieving the targets.
(b) Please also indicate items in which there have been significantly higher achievement and your own contributions thereto.
Place:
Date: Signature and Designation.
PART III
(To be filled by the Reporting Authority)
A. Nature and Quality of Work
1. Please comment on self-assessment in Part II furnished by the officer and specifically state whether you agree with the statements relating to targets, objectives, achievements and shortfalls. Also specify constraints, if any, in achieving the objectives.
2. Quality of Output:
Please comment on the Officer's quality of performance having regard to standard of work, programme objectives and constraints, if any.
3. Knowledge of sphere of work Please comment on each of these:
Leave of knowledge of functions, related rules and regulations, instructions; and their applications.
B. Attributes:
1. Attitude to work
Please comment, on the extent: to which the officer is dedicated and motivated and on his/her willingness and initiative to learn and systematise his/her work.
2. Decision making ability
Please comment on the quality of decision making and on the ability of weigh pros and cons alternatives.
3. Initiative:
Please comment on the capacity and resource fullness of the officer in handling unforeseen situations on his/her own and willingness to take additional responsibility and new areas of work
4. Ability to inspire and motivate
Please comment on the capacity of the officer to motivate and inspire others and to obtain willing support by his/her own conduct.
5. Communication skill (written oral)
Please comment on the ability of the officer to communicate and on the ability to present arguments.
6. Interpersonal relations and teamwork:
Please comment .on the ability to develop good relationship with superiors, colleagues and subordinates and on the ability to appreciate others point of view and take advice in the proper spirit. Please also comment on the officer's capacity to work as a member of a team and to promote team spirit and optimize the output of the team.
7. Relations with the public:
Please comment on the officer's accessibility to the public and responsiveness to their needs.
8. Attitude towards SCs/STs/ Weaker sections of society:
Please comment on the officer's understanding of the problems of SCs/STs/Weaker sections and willingness to deal with them.
9. Planning Ability:
Please comment on the officer's ability to anticipate problems, work needs and ability to plan accordingly to provide for contingencies.
10. Supervisory ability:
Please comment on the officer's ability relating to
(a) Assignment of tasks
(b) Identification of proper personnel for performing the tasks,
(c) Guidance in the performance of the tasks and
(d) Review of performance.
11. Coordination ability:
Please comment on the extent to which the officer is able to achieve coordination in formulation and implementation of tasks and programmers by different functionaries involved.
12. Aptitude and potential:
Please indicate the field/s in which the officer has specialized in the departmental work.
13. Training;
(1) (a) training to which the officer was drafted during the years.
(b) Training courses attended.
(c) Particulars of training courses not attended by the officer and whether the reason for not attending is attributable to the officer.
(2) Please offer your recommendations on the need for training with a view to further improve the effectiveness and capabilities of the officer.
14. Capacity and earnestness in the use of Kannada Language in administration:
Please indicate the ability and the earnestness of the officer in the use of Kannada Language.
PART IV General
1. State of Health
2. Integrity:
3. General assessment
Please give an overall assessment of the officer with reference to his/her strength and shortcomings and also by drawing attention to the qualities, if any, not covered by the entries above.
4. Grading:
(Outstanding/Very good/Good/Average/ below average)
Place: Name in Block Letters
Date: Signature
Designation
(During the period of report).
PART V
Remarks of the Reviewing Authority
1. Length of service under the Reviewing Authority.
2. Are you satisfied that the Reporting Authority has made his/her report with due care and attention and after taking into account all the relevant material?
3. Do you agree with the assessment of the Officer made by the Reporting Authority? in case of disagreement, please specify the reasons. Is there anything in the report you wish to modify?
4. Please give your remarks with specific comments on the general remarks given by the Reporting Authority and remarks about the meritorious work of the officer including the grading.
5. Any other special characteristics, and/or any abilities, which the officer may be possessing, and you may wish to mention.
Place: Signature of the Reviewing Authority
Date:
Name in block letters
Designation
(During the period of report).
PART VI
Remarks of the Accepting Authority
(1) Please offer your remarks on the whole
(2) Please indicate the advisory remarks, if any.
Place: Signature of the Reviewing Authority
Date:
Name in Hock letters
Designation
(During the period of report).
PART VII
Communications (if any)
1. (a) Reference No. And date of communication
of adverse remarks if any.
(b) Reference No. And date of communication of advisory remarks, if any.
2. Date on which representation if any, received.
APPENDIX 2 FORM-2
3. Decision on representations and date of its communication to the concerned officer.
4. Date of forwardal to the custodian
Place: Signature:
Date: Appellate Authority
(Designation and Seal)
APPENDIX 3 FORM-3
FORM
III
[See
Rule 4]
Annual
Performance Report for Non-Gazetted Officers Holding Non Ministerial Posts
(To
be recorded in duplicate)
(a)
Service/Cadre.........
(b) Report for the year/ period ending.........
PART
I
(to
be filled by the officer reported upon)
1. Name
2. Date of birth
3. Date of joining service
4. Service to which the Officer belongs:
5. Posts held during the period of
report From To
(1)
(2)
6. Period of absence from duty (periods spent
on leave/training during the year)
From To
(a) Leave
(b) Training Deputed
but Deputed Attended not attended and reasons for not attending
(c) Particulars of
training.
7. Qualification acquired, if any, during
the period of report.
8. Date of filing the annual property
returns (Assets and Liabilities statement).
PART
II
Self-Assessment
(To
be made by the Officer reported upon)
1. Brief description of the duties:
2. Enquiries conducted and reported:
(Please indicate the number
and of cases with a brief account of the nature of these cases)
3. Instructions received and implemented
(Indicate the number and nature of important instructions and action taken)
4. Brief account of schemes implemented:
(Statement showing details
may be appended separately)
5. Brief account of achievements with
reference to the targets fixed, if any.
(Statement showing details
may be appended separately)
6. Constraints:
(State shortfalls with
reference to targets and specify the reasons).
Place: Signature
and Designation
Date:
PART
III
(to
be filled by Reporting Authority)
A. Would you agree with the self-assessment
made by the officer? If not, give your own assessment of his performance in
brief.
B. Nature and quality of work
(1) Please comment on
Officer's quality of performance having regard to standard of work and programme
objectives and constraints, if any.
(2) Knowledge of
sphere of work specifically with reference to the knowledge of related Acts,
rules, regulations, Instructions and their application.
C. Attributes
(1) Attitude to work
(2) Aptitude and skill
(3) Zeal and Industry
(4) Initiative and
willingness
(5) Communication
skill (oral/writing)
(6) Relationship with
public
(7) Attitude towards
SCs/STs and other weaker section of society.
(8) Capacity and
earnestness in using Kannada Language in administration.
(9) Integrity.
(10) Attendance
(Punctual/ unpunctual
/irregular).
(11) Training.
I. (a) Training to which the officer was
Drafted during the year.
(b) Training courses
attended
(c) Particulars of
training courses not attended and whether reason for the same is attributable
to the officer.
II. Please give your recommendations for
training with a view to further improve the effectiveness and capabilities of
the officer.
(12) Grading:
(Outstanding/ Very
good /Good/ Average/ Below average)
Place: Signature
Date:
Name in block letters
Designation, (during the period of report)
PART
IV
(Remarks
of Reviewing Authority)
1. Are you satisfied that the Reporting Authority has made
his/her report with due care and attention after taking into account all the
relevant material.
2. Do you agree with the assessment of the
Officer given by the Reporting Authority?
(In case of disagreement,
please specify the reasons with modifications as may be desirable.
3. Please give your remarks with specific
comments about the general remarks given by the Reporting Authority.
4. Any other special characteristics and/or
any abilities of the officer that the Reviewing Authority wishes to mention.
Place: Signature
of the Reviewing Authority
Date: Name
in block letters
Designation,
(During the period of report)
PART
V
(Remarks
of Accepting Authority)
1. Please offer your remarks, on the whole
2. Please indicate the adverse remarks, if
any
3. Please indicate the advisory remarks, if
any.
Place: Signature
of the Accepting Authority
Date:
Name
in block letters
Designation, (during the period of report)
PART VI
Communications
(If any)
1. Reference No. And date of communication
of adverse remarks if any.
2. Date on which representation received,
if any.
3. Decision on representations and date of
communication to the concerned Officer.
4. Date of forwardal to the custodian.
Place: Signature
of the Appellate Authority
Date:
Name
in block letters
Designation and Seal]
KARNATAKA CIVIL SERVICES (APPOINTMENT ON COMPASSIONATE GROUNDS) RULES, 1996
Whereas, the draft of the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996 was published as required by clause (a) of sub-section (2) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), in Notification No. DPAR 100 SCA 95, dated 23rd March, 1996, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 23rd March, 1996, inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of the publication of the draft in the Official Gazette. Whereas, the said Gazette was made available to the public on 23rd March, 1996. And whereas, the objections and suggestions received have been considered by the State Government. 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 Government of Karnataka hereby makes the following rules, namely.
Rule 1 Title and commencement
(1) These rules may be called the Karnataka Civil Services (Appointment on Compassionate Grounds) Rules, 1996.
(2) They shall come into force from the date of their publication in the Official Gazette.
(3) Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 and rules of recruitment specially made in respect of any service or post or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), these rules shall apply in respect of appointment of the dependent of a deceased Government servant on compassionate grounds.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires.
[(a) "Dependent of the deceased Government servant" means.
(i) in the case of deceased male Government servant, his widow, son [unmarried daughter and widowed daughter] who were dependent upon him and were living with him; and
(ii) in the case of a deceased female Government servant, her widower, son [unmarried daughter and widowed daughter] who were dependent upon her and were living with her.]
(b) "Family" in relation to a deceased Government servant means his or her spouse and their son [unmarried daughter and widowed daughter] who were living with him.
(2) Words and expressions used but not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Eligibility for appointment
(1) Appointment on compassionate grounds under these rules shall not be claimed as a matter of right and shall not be given as a matter of course.
(2) Appointment under these rules shall be restricted to the dependent of a deceased Government servant in the following order of preference, namely.
11. Clauses (i) and (ii) substituted for clauses (a), (b) and (c) by Notification No. DPAR 11 SCA 97, dated 31-3-1999, w.e.f. 1-4-1999 [(i) in the case of the deceased male Government servant.
(a) the widow;
(b) a son, if widow is not eligible or for any valid reason she is not willing to accept the appointment;
(c) an unmarried daughter, if the widow and son are not eligible or for any valid reason they are not willing to accept the appointment;
22. Clause (d) inserted by Notification No. DPAR 19 SCA 99, dated 24-11-2000, w.e.f. 28-11-2000 [(d) a widowed daughter, if the widow, son and unmarried daughter are not eligible or for any valid reason they are not willing to accept the appointment.]
(ii) in the case of the deceased female Government servant;
(a) a son;
(b) an unmarried daughter, if the son is not eligible or for any valid reason he is not willing to accept the appointment;
(c) the widower, if the son and daughter are not eligible or for any valid reason they are not willing to accept the appointment.]
(3) An adopted son or daughter of a deceased Government servant shall not be eligible for appointment under these rules.
Rule 4 Conditions of appointment
Appointment on compassionate grounds under these rules shall be subject to the following conditions, namely.
(1) The family of the deceased Government servant should be in a financial crisis or destitution.
Explanation.
(a) Family of a deceased Government servant shall be considered to be in financial crisis or destitution if the recurring monthly income of the family from all sources is less than the total emoluments including Dearness Allowance, House Rent Allowance and City Compensatory Allowance admissible at Bangalore on trie average of the minimum and the maximum of the scale of pay of the post of First Division Assistant, as on the date of making application for compassionate appointment. For calculating such monthly income, the income from family pension, lumpsum pensionary benefits and interest earned thereon shall be excluded.
(b) Recurring monthly income from all sources other than family pension, lumpsum pensionary benefits and the interest earned thereon, of the family for the purpose of this rule shall be computed by the Head of the Office or the Head of the Department or the Appointing Authority.
(i) on the basis of the last annual property return filed by the deceased Government servant and if, for any reason, it is not available, on the basis of a certificate of income issued by a Revenue Officer not below the rank of Tahsildar; and
(ii) in case any member of the family of the deceased Government servant is employed in any State or Central Government service or a public or private sector undertaking or a private establishment, on the basis of a certificate issued by his employer and in case such member is self employed on the basis of certificate issued by a Revenue Officer not below the rank of Tahsildar.
(2) Person seeking appointment shall be within the age limit specified for the post in the relevant rules of recruitment specially made in respect of any service or post read with sub-rule (3) of Rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977 and where it is not so specified such person shall be within the age limits specified in the Karnataka Civil Services (General Recruitment) Rules, 1977.
(3) Person seeking appointment should possess the minimum qualification specified for the post in the relevant rules of recruitment specially made in respect of any service or post:
11. Proviso inserted by Notification No. DPAR 11 SCA 97, dated 31-3-1999, w.e.f. 1-4-1999 [Provided that nothing in this sub-rule and sub-rule (5) of Rule 5 of the Karnataka Civil Services (General Recruitment) Rules, 1977, insofar as it relates to educational qualification shall apply to appointment under these rules to any Group 'D' Post.]
11. Sub-rule (4) substituted by Notification No. DPAR 19 SCA 99, dated 24-11-2000 and shall be and shall always be deemed to have been substituted [(4) Appointment shall be confined to any post in Group 'C' or Group 'D' depending upon the qualification specified for the post but excluding the posts carrying the pay scales higher than the scale of pay of the post of Assistant in the Karnataka Government Secretariat as may be revised from time to time and any other post in either of the groups as may be specified by the Government from time to time.]
(5) Appointment shall be made only against a direct recruitment vacancy 22. The words "but for the purpose of calculation of quota between direct recruits and promotees it shall not be taken into account" omitted by Notification No. DPAR 11 SCA 97, dated 31-3-1999, w.e.f. 1-4-1999 [xxxxx].
(6) Appointment shall be made in the department in which the deceased Government servant was working:
Provided that if no vacancy is available in that department subject to any general order that may be issued by the Government, appointment may be made in any other department of the Government where the vacancy is available.
Rule 5 Application for appointment
Every dependent of a deceased Government servant, seeking appointment under these rules shall make an application within one year from the date of death of the Government servant, in such form, as may be notified by the Government, from time to time, to the Head of the Department under whom the deceased Government servant was working:
11. Provisos substituted for the existing proviso by Notification No. DPAR 11 SCA 97, dated 31-3-1999, w.e.f. 1-4-1999 [22. First proviso substituted by Notification No. DPAR 19 SCA 99, dated 24-11-2000, w.e.f. 28-11-2000 [Provided that in the case of a minor he must have attained the age of eighteen years within one year from the date of the death of the Government servant and he must make an application within one year thereafter:]
Provided further that nothing in the first proviso shall apply to an application made by the dependent of a deceased Government servant, after attaining majority and which was pending for consideration on the date of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 1998.]
Rule 6 Appointment by the Competent Authority
(1) On receipt of the application under Rule 5, the Head of the Department, if satisfied that the applicant fulfills all the conditions specified under these rules, shall appoint, where he is the Appointing Authority, and if not direct the appropriate Appointing Authority to issue the order of appointment.
(2) The appointment under sub-rule (1) shall be made as far as possible within a period of three months from the date of receipt of the application under Rule 5.
(3) Consultation with the Finance Department shall not be necessary for appointment under these rules.
(4) Appointment once made under these rules shall be final and no fresh appointment to a different post or higher post under these rules shall be permissible.
(5) The appointment under these rules shall not be made in the case of the dependent of a deceased person who at the time of death was on re-employment or was employed as local candidate, Stipendiary Graduate or Daily Wage worker or employed in any work charged establishment or on casual employment.
Rule 7 Seniority
The seniority of the persons appointed under these rules shall be determined from the date of their reporting to duty.
Rule 8 Application of other rules
All other rules regulating the conditions of service of Government servants which are made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), insofar as they are not inconsistent with the provisions of these rules shall be applicable to the persons appointed under these rules.
Rule 9 Transitional Provision
(1) All applications for appointment on compassionate ground made prior to the twentieth October, 1994 and the applications made on or after that date but before the date of commencement of these rules and which are pending on the date of commencement of these rules shall be [deemed to have been made within the period specified in Rule 5 and shall be considered for appointment subject to other provisions of these rules.]
[(1-A) Where any application made under sub-rule (1) is rejected on the ground that it is not made within the period specified in Rule 5, it shall be reconsidered for appointment subject to other provisions of these rules.]
[(2) Where an application could not be made for any reason between the twentieth day of October, 1994 and the date of the commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Amendment) Rules, 1998 by a dependent of the deceased Government servant who died after the twentieth day of October, 1989, the dependent of such deceased Government servant may make an application within a period of one year from the date of such commencement and such application shall be deemed to have been made within the period specified in Rule 5 and shall be considered for appointment subject to other provisions of these rules:
Provided that this sub-rule shall not be applicable in the case of a widower:]
[Provided further that the widowed daughter of the deceased Government servant may make an application within one year from the date of commencement of the Karnataka Civil Services (Appointment on Compassionate Grounds) (Second Amendment) Rules, 2000 and such application shall be deemed to have been made within the period specified in Rule 5 and shall be considered for appointment subject to the other provisions of these rules.]
KARNATAKA CIVIL SERVICES (PERFORMANCE REPORTS) RULES, 2000
Whereas, the draft of the Karnataka Civil Services (Performance Reports) Rules, 1998 was published as required by clause (a) of sub-section (2) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) in Notification No. DPAR 06 ACR 97, dated 18th January, 1999 in Part-IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 25th March, 1999 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in Official Gazette. Whereas, the said Gazette was made available to the public on 25th March, 1999. And whereas, the objections and suggestions received have been considered. 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 Government of Karnataka hereby make the following rules, namely.-
Rule 1 Title, commencement and application
(1) These rules may be called the Karnataka Civil Services (Performance Reports) Rules, 2000.
(2) They shall come into force from the First day of April, 2000.
(3) These rules shall apply to all Government Servants in the State Civil Services except.-
(a) members of the All India Services;
(b) members of the Karnataka Judicial Services; and
(c) persons holding.-
(i) posts of Senior Drivers, Drivers; and
(ii) any of the Group 'D' posts.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires,-
(a) "Accepting Authority" means the authority who during the period for which, Performance Report is written was immediately superior to the Reviewing Authority;
(b) "Appointing Authority" means the Appointing Authority as defined in the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;
(c) "Form" means the form as may be specified by the Government from time to time;
(d) "Government Servant" means the Government servant as defined in the Karnataka Civil Services (General Recruitment) Rules, 1977;
(e) "Performance Report" means a report written in accordance with the provisions of these rules covering the various aspects set out in the respective forms;
(f) "Reporting Authority" means the authority, not below the rank of a Gazetted Officer, who during the period for which Performance Report is written, was immediately superior to the Government servant concerned;
(g) "Reviewing Authority" means the authority who during the period for which the Performance Report is written was immediately superior to the Reporting Authority;
(h) "Self Assessment" means the assessment by the Government servant himself of his work during the year under report bringing out his special achievements and constraints, if any;
(i) "Year" means the financial year beginning on the First day of April of a calendar year and ending on Thirty-first day of March of the next calendar year.
(2) Other words and expressions used but not defined in these rules shall have the same meaning as in the Karnataka Civil Services (General Recruitment) Rules, 1977 or any other corresponding rules for the time being in force.
Rule 3 Maintenance and custody of Performance Report file
(1) A Performance Report file shall be maintained in. respect of every Government servant.
(2) The Performance Report file shall contain the following documents, namely.-
(a) Confidential Reports and Performance Reports of the Government servant written prior to the commencement of these rules and the Performance Reports of the Government Servant written under these rules;
(b) Records of letter of appreciation, award, reward or medals, if any, awarded to the Government servant;
Explanation.-For the purpose of this clause "Letter of Appreciation, Award, Reward or Medal" means that which is issued.-
(i) by the Government or by a Secretary to Government or a Head of Department, as the case may be, to a Government servant;
(ii) by a Board or a Corporation or a Company or a Committee or a Local authority or any Non-Governmental Organisation and which in the opinion of the Appointing Authority, deserves to be placed in the Performance Report file;
(c) Records of any recommendation or order expressing displeasure against the Government servant;
(d) Copy of the order passed under Rule 10;
(e) Copy of orders imposing any of the penalties in a disciplinary proceedings under the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 on the Government servant;
(f) Record of any books, articles and other publications brought out by the Government servant or for the publication of which he may be responsible, which has relevance to the civil services, administration or public service.
(3) The Appointing Authority or such other authority as may be specified by the Appointing Authority in this behalf shall be the custodian of the Performance Report file.
Rule 4 Initiation and recording of Performance Report
(1) The Performance Report shall be written in the form specified by the Government from time to time.
(2) The Performance Report shall be initiated by every Government servant to whom these rules apply by furnishing the personal data and self assessment, ordinarily within one month of the end of the year.
(3) The fact of having furnished the personal data and self assessment in time may be intimated to the Appointing Authority under due acknowledgement.
(4) The report, review and acceptance shall be recorded by the concerned authorities in accordance with Rules 5, 6 and 7.
Rule 5 Recording of the Performance Report
(1) The Reporting Authority shall record its report in the appropriate part of the relevant form of the Performance Report and forward it to the Reviewing Authority ordinarily within three months of the end of the year:
Provided that, if the Government servant concerned has not furnished the personal data and self assessment in the form specified, within the period specified in sub-rule (2) of Rule 4, then the Reporting Authority can itself initiate the Performance Report duly recording the available personal data of the Government servant concerned along with a record of the fact that the Government servant concerned has not furnished the personal data and self assessment.
(2)
(a) Where the Reporting Authority has not seen the performance of the Government servant for at least three months during the year under report, it shall not record its report.
(b) Where the Reporting Authority has not seen and Reviewing Authority has seen the performance of the Government Servant for at least three months during the year under the Reviewing Authority shall record the report.
(c) Where the Reviewing Authority has also not seen and the Accepting Authority has seen the performance of the Government Servant for at least three months during the year under report, the report shall be recorded by the Accepting Authority.
(d) Where the Reporting, the Reviewing or Accepting Authority has not seen the performance of the Government servant for at least three months during the year under report, an entry to that effect shall be made in the report by the Authority concerned.
(3)
(a) Where the Reporting Authority, the Reviewing Authority or the Accepting Authority has not been able to write, review or accept the report, as the case may be, due to retirement or any other reason, the procedure prescribed in sub-rule (2) shall, mutatis mutandis, apply and the entries shall be made accordingly.
(b) Where the Accepting Authority has not been able to accept the Performance Report for any reason whatsoever, the report as recorded by the Reporting Authority and reviewed by the Reviewing Authority shall be deemed to be a complete report.
(c) Where the Reviewing Authority and the Accepting Authority have not been able to review and accept the report, respectively, for any reason whatsoever, the report as recorded by the Reporting Authority shall be deemed to be a complete report.
(4) The Performance Report shall also be written at the time when either the Reporting Authority or the Government servant concerned, relinquishes the charge of the post. The Performance Report shall be forwarded to the Reviewing Authority.
(5) Where the Performance Report for any portion or portions of the year could not be written due to the period being less than three months, the report, if any, available for the remaining period of the year shall be deemed to be the Performance Report for the entire year.
Explanation 1.-In cases covered by sub-rule (2) or (3), the record made by any of the authorities or the entries made in accordance with those sub-rules shall be deemed to be a complete report.
Explanation 2.-In a case, where the Reviewing Authority or the Accepting Authority, as the case may be, had no occasion to actually see the performance of a Government servant, even though such a Government servant has worked under such an authority for more than three months, it shall make an entry to that effect in the Performance Report.
Rule 6 Review of the Performance Report
The Performance Report shall be reviewed by the Reviewing Authority and forwarded to the Accepting Authority ordinarily within three months from the date of its receipt from the Reporting Authority:
Provided that, where the Reviewing Authority differs with the report of the Reporting Authority, it may record its own views along with the reasons for differing with the report of the Reporting Authority:
Provided further that, where the Reviewing Authority has not seen the performance of the Government servant for at least three months during the year under report, it shall not review the Performance Report but shall make an entry to that effect.
Rule 7 Acceptance of Performance Report
The Performance Report shall be accepted with such modifications as may be considered necessary by the Accepting Authority ordinarily within three months of its receipt from the Reviewing Authority:
Provided that, where the Accepting Authority differs with the report of the Reporting Authority or Reviewing Authority or both, it may record the reasons for the same:
Provided further that, where the Accepting Authority has not seen the performance of the Government servant for at least three months during the year under report, it shall not accept the Performance Report but shall make an entry to that effect.
Explanation.-
(1) Where a Government servant is on any kind of leave, continuously for a period of not less than three months, the Performance Report for the period of his leave need not be written.
(2) Where Government servant is under suspension, the Performance Report for such period of his suspension need not be written.
Rule 8 Recording by an Authority who demits the office or retires from service
(1) Where the authority concerned is a Minister or any person other than a Government servant he shall not record his report after he demits the office.
(2) Where an officer who is a Reporting Authority or a Reviewing Authority or an Accepting Authority retires at the time when the Performance Report becomes due, he may be permitted to record his report but he shall not record his report after three months from the date of his retirement.
Explanation.-For the purpose of sub-rule (1), a Minister shall not be treated as having demitted the office if he continues to be a Minister with a different portfolio or a Minister with the same or different portfolio in the Council of Ministers reconstituted immediately after the previous Council of Ministers of which he was a member.
Rule 9 Communication of Remarks
(1) Where the Reporting Authority, the Reviewing Authority or the Accepting Authority makes any adverse or advisory remarks in the report, such authority shall make a note indicating whether such remarks are adverse or advisory in nature:
Provided that, where the Reporting Authority or the Reviewing Authority or Accepting Authority fails to so indicate, the question whether a remark recorded is adverse or advisory in nature shall be determined by the Government in respect of the Government servants holding posts in Group 'A' and by the Head of the Department in respect of the Government servants holding posts in Group 'B' and Group 'C'.
(2) All adverse remarks in the report shall be communicated by the Accepting Authority or any other authority empowered by Government in this behalf to the Government Servant concerned together with the substance of good points in the report, ordinarily within three months of the completion of report. Similarly, all advisory remarks in the report shall also be communicated to the concerned Government servant for his guidance.
Rule 10 Representation against Adverse Remarks
(1) A Government servant to whom adverse remarks are communicated under sub-rule (2) of Rule 9 may within a period of forty-five days from the date of receipt of communication submit his representation, if any, against the adverse remarks to the authority immediately superior to the Accepting Authority or to any other superior authority empowered by the Government in this behalf (hereinafter referred to as empowered authority) through the authority which communicated such remarks under sub-rule (2) of Rule 9:
Provided that a representation made after the expiry of the period specified above may be considered if such superior or empowered authority is satisfied that the Government servant had sufficient cause for not submitting the representation in time.
(2) The superior or empowered authority shall consider the representation, if necessary, in consultation with the Reporting or the Reviewing or the Accepting Authority and pass suitable orders thereon. The order so passed shall be communicated to the Government servant concerned expeditiously. The order of the said authority shall be final.
Rule 11 Removal of difficulties
If any difficulty arises in identifying the Reporting or Reviewing or Accepting Authority in respect of a Government servant or for any other reasons, to be recorded in writing, if it is so considered necessary, the Appointing Authority may by order, specify the respective authorities.
Rule 12 General
(1) The Government may issue such instructions, not inconsistent with the provisions of these rules as it may consider necessary, with regard to the writing and the maintenance of the reports, and the effect of the Performance Reports on the conditions of service of a Government servant.
(2) If any question arises in relation to the interpretation of these rules it shall be referred to the Government, whose decision thereon shall be final.
Rule 13 Repeal and savings
(1) The Karnataka Civil Services (Performance Reports) Rules, 1994 are hereby repealed:
Provided that the said repeal shall not affect the previous operation of the said rules or anything duly done or suffered thereunder or affect any right, liability or obligation acquired, accrued or incurred under the said rules.
(2) Any reference in any rule or order to the rules repealed by sub-rule (1) shall be construed as reference to the corresponding rule in these rules.
(3) Government Orders, Official Memoranda and Circulars issued and which were in force for the purpose of repealed rules, insofar as they are not inconsistent with the provisions of these rules, shall be construed as issued for the purpose of those rules until they are modified or rescinded.
APPENDIX 1 Form of Annual Performance Report Applicable to the Government holding Group A and Group B Posts
FORM [See Rules 4, 5, 6 and 7]
FORM 1
[See
Rules 4, 5, 6 and 7]
Form
of Annual Performance Report Applicable to the Government holding Group A and
Group B Posts
(To
be recorded in single: Original only)
(Report
for the year/period ending..........)
Part 1
Personal
Data
(To
be furnished by the Government servants reported upon)
1. Name of the Government servant
2. Service to which "the Government
servant belongs
3. Post held during the year
4. Date of Birth
5. Educational qualification
6. Period spent on leave/training, during
the period of report
(a) Leave
(i) Kind of leave
(ii) From
(iii) To
(b) Training
(i) Particulars of training to which
deputed
(ii) Whether attended
(iii) If not, reasons for not attending
7. Qualification acquired, if any, during
the period of report
8. Date of filing the Annual property
return
Place: Signature
Date: Name and
Designation
Part 2
Self-Assessment
(To
be made by the Government servant reported upon)
1. Brief description of the duties.Items of
work
2. A brief self-assessment of the work done
by the Government servant including the following aspects:
(a) Objectives set for him/her if any
(b) Objectives achieved
(c) Special achievements, if any
(d) Constraints, if any
Place: Signature:
Date: Name and
Designation
Part 3
Report
(To
be made by the Reporting Authority)
1. Nature and quality of output with
reference to self-assessment
2. Knowledge of sphere of work
3. Attributes covering the following
aspects.
(a) Attitude towards work
(b) Willingness to assume responsibility
(c) Initiative and Planning ability
(d) Decision making ability
(e) Communication skill (through words
written and oral expression)
(f) Inter-personal relation, motivation
and team work
(g) Supervision, co-ordination and
leadership
(h) Relation with the public
(i) Attitude towards weaker sections.
4. Integrity
5. Training:
Need for training to further improve the effectiveness and
capabilities of the Government servant
6. Whether uses Kannada Language in
official work
7. State
of health
8. General Assessment
9. Grading (Outstanding/very good/good/
average/below average)
Place: Signature
Date: Name and
Designation
Part 4
Review
(To
be made by the Reviewing Authority)
1. Whether self assessment and the report of
the Reporting Authority acceptable, if not give reasons.
2. Remarks of the Reviewing Authority, if
any
Place:
Signature
Date: Name and
Designation
Part 5
Acceptance
(By
the Accepting Authority)
1. Remarks on the whole
Place:
Signature
Date: Name and
Designation
Part 6
Communications
(if any)
1. (a)
Reference No. and Date of communication of adverse remarks, if any
(b) Reference No. and date of communication
of advisory remarks, if any
2. Date on which representation if any,
received
3. Decision on representation and date of
communication to the concerned Government servant
4. Date of forwarded to the Custodian
Place:
Signature
Date: Name and Designation
APPENDIX 2 Form of Annual Performance Report Applicable to the Government Servants Holding Group 'C' Posts
FORM [See Rules 4, 5, 6 and 7]
FORM 2
[See
Rules 4, 5, 6 and 7]
Form
of Annual Performance Report Applicable to the Government Servants Holding
Group 'C' Posts
(To
be recorded in original/single only)
(Report
for the year/period ending..........)
Part 1
Personal
Data
(To
be furnished by the Government servant reported upon)
1. Name of the Government servant
2. Service to which the Government servant
belongs
3. Post held during the year
4. Date of Birth
5. Educational qualification
6. Period spent on leave/training during
the period of report
(a) Leave:
(i) Kind of leave
(ii) From
(iii) To
(b) Training:
(i) Particulars of training deputed for
(ii) Whether attended
(iii) If not, reasons for not attending
7. Qualification acquired, if any, during
the period of report
8. Date of filing the Annual property
return
Place:
Signature
Date: Name
and Designation
Part 2
Self
Assessment
(To
be made by the Government servant reported upon)
1. Brief description of the duties
2. A brief self-assessment of the work done
by the Government servant including the following aspects:
(a) Objectives set for himself/herself, if
any
(b) Special achievements, if any
(c) Constraints, if any
Place:
Signature:
Date: Name
and Designation
Part 3
Report
(To
be made by the Reporting Authority)
1. Attendance
2. Knowledge and skill with reference to
work
3. Willingness to assume responsibility
4. Initiative
5. Zeal and industry
6. Power of expression (both oral and
writing)
7. Accuracy
8. Integrity
9. Whether uses Kannada Language in
official work
10. Training:
Need for training to
further improve the effectiveness and capabilities of the Government servant
11. State of health
12. General Assessment
13. Grading:
(outstanding/
very good / good /Average/ below average)
Place: Signature
Date:
Name
and Designation
Part 4
Review
(To
be made by the Reviewing Authority)
1. Whether self assessment and the report
of the Reporting Authority acceptable. If not, give reasons
2. Remarks of the Reviewing Authority, if
Any
Place: Signature
Date: Name
and Designation
Part 5
Acceptance
(By
the Accepting Authority)
1. Remarks on the whole
Place:
Signature
Date: Name
and Designation
Part 6
Communications
(if any)
1. (a)
Reference No. and date of communication of adverse remarks, if any
(b) Reference No. and date of communication
of advisory remarks, if any
2. Date on which representation if any,
received
3. Decision on representation and date of
communication to the concerned Government servant
4. Date of forwarded to the Custodian
Place: Signature
Date:
Name
and Designation
KARNATAKA CIVIL SERVICES (RECRUITMENT TO DISTRICT CADRES) RULES, 1994
Whereas, the draft of the following rules, namely, Karnataka Civil Services (Recruitment to District Cadres) Rules, 1994, was published as required by sub-section (2) of Section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), vide Notification No. DPAR 27 SCR 94, dated 10th May, 1994, in Part IV, Section 2-C(i) of the Karnataka Gazette, Extraordinary, dated 11th May, 1994 inviting objections/suggestions from all persons likely to be affected thereby within 30 days from the date of its publication in the said Gazette. And whereas, the said Gazette was made available to the public on llth May, 1994. And whereas, the suggestions and objections received by the State Government on the said draft have been considered. 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 Government of Karnataka hereby makes the following rules, namely.-
Rule 1 Title, commencement and application
(1) These rules may be called the Karnataka Civil Services (Recruitment to District Cadres) Rules, 1994.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3)
(a) They shall apply to direct recruitment to Group 'C' posts in the State Civil Services, which according to the rules of recruitment are to be filled up by direct recruitment.
(b) Government may, by notification include or exclude within the purview of clause (a) any cadre of posts in Group 'C' in any of the pay scales.
(c) Notwithstanding anything contained in clause (a), these rules shall not apply.- (i) to recruitment of officers and servants of High Court of Karnataka, the Secretariat staff of the House of Legislature of the State of Karnataka, and members of the staff of the Karnataka Public Service Commission;
(ii) to any category of posts in Group C in the Karnataka Government Secretariat, the Karnataka Lokayukta and the Karnataka Administrative Tribunal;
(iii) to recruitment to posts or category of posts to be made by a selection, committee constituted by or under any rules of recruitment specifically made for recruitment to such posts or category of posts;
(iv) to the category of posts of Group C where method of selection of candidates are specially made and are not in accordance with these rules.
Rule 2 Definitions
(1) In these rules unless the context otherwise requires.-
(a) "Appointing Authority" in relation to any category of posts means the Appointing Authority as specified in the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;
(b) "District Level Group Post" means any Group-C post in the State Civil Services specified in sub-rule (3) of Rule 1 of these rules and to which these rules are applicable;
(c) "Selection Authority" in relation to any cadre or post means the Karnataka Public Service Commission.
(2) The words "Scheduled Castes", "Scheduled Tribes" and "Other Backward Classes", shall have the same meaning assigned to them in the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointment) Act, 1990 (Karnataka Act 7 of 1991).
(3) Words and expressions used in these rules but not defined therein shall have the same meaning as in the Karnataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Intimation of the Vacancies
The Appointing Authorities in each department shall communicate to the Secretary, Karnataka Public Service Commission, the number of direct recruitment vacancies in the District in the cadres specified in clause (a) of sub-rule (3) of Rule 1 duly classifying such vacancies in accordance with the orders in force relating to reservation of appointments and posts for Scheduled Castes, Scheduled Tribes, other Backward Classes and rules relating to classifying the vacancies in favour of ex-servicemen earmarking the vacancies for physically handicapped person and such other categories as may be specified by Government from time to time.
Rule 4 Inviting applications
(1) The Karnataka Public Service Commission shall advertise the vacancies in the Official Gazette specifying the conditions of eligibility, the nature of selection, the number of vacancies to be filled in each District, the number required to be filled by persons belonging to the Scheduled Castes, Scheduled Tribes and Other Backward Classes and by Ex-servicemen and Physically Handicapped person etc., and inviting applications from intending candidates. Abstracts of such advertisements shall also be published in regional language newspapers having wide circulation.
(2) Applications shall be made by the candidates in the form prescribed by the Karnataka Public Service Commission.
(3) Every applicant shall remit along with his application such fee as may be determined by the Karnataka Public Service Commission:
Provided that no fee shall be payable by a candidate belonging to Scheduled Castes, Scheduled Tribes and Most Backward Group.
Rule 5 Method of Recruitment
The recruitment shall be at District level, the selection of candidates under these rules shall be made on the basis of total marks secured in the written examinations as per these rules, by the Karnataka Public Service Commission.
Rule 6 Examination
(1) The Karnataka Public Service Commission shall conduct the following written examinations.-
(i) Common examination for recruitment to posts for which degree or equivalent qualification plus additional qualifications, if any, are prescribed.- Common examination for recruitment to posts for which SSLC or higher but lower than degree or its equivalent qualification plus additional qualifications, if any, are prescribed; or Common examination for recruitment to posts for which lower than SSLC qualification plus additional qualifications, if any, are prescribed; and
(ii) Provided that where it is considered necessary to have interview in addition to the written examinations, Government shall prescribe separately the post/posts for which it is necessary and for this purpose interview shall be in accordance with Rule 7.
(2) The scheme of common examinations shall be as specified in the Annexure.
(3) The KPSC shall publish on the notice board at the place of interview, the list of marks obtained by each candidate in the written examinations before starting interview, if any.
Rule 7 Interview
(1) The Karnataka Public Service Commission shall select the candidates for interview as far as may be three times the number of vacancies advertised under Rule 4(1) in the order of merit on the basis of the results of the written examination subject to making provisions for inviting candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes, Ex-servicemen, and Physically Handicapped persons etc., to make up the deficiency, if any, in the ratio of vacancies reserved for them.
(2) The maximum marks for the interview shall be 50. The KPSC shall assign the.marks with reference to the following traits:-
(a) Personality - 5
(b) Smartness and intuitiveness - 5
(c) Power of Expression - 10
(d) General Knowledge - 10
(e) Other traits including the knowledge of the subjects which have a bearing on the job content of the post for which recruitment is being made - 20
(3) The KPSC shall publish on the notice board at the place of interview on the day on which interview is held or on the following day but before the commencement of interview on that day, a list of marks obtained by each candidate in the said interview.
Rule 8 Places of written examinations and interviews
(1) The KPSC shall conduct the written examinations and the interviews at the Head Quarters of the District or at such other place or places within the District convenient for the purpose, as it may determine.
(2) Common written examinations on any occasion for any category or categories of posts shall be conducted on the basis of common question papers on the same day in each district, regularly.
Rule 9 List of Selected candidates and their assignment
(1) The Selecting Authority shall on the basis of the marks secured by the candidate in the written examinations and interview, if and where prescribed and after taking into account the orders in force relating to reservations of appointments and posts for Scheduled Castes, Scheduled Tribes, Other Backward Classes and rules relating to classifying the vacancies for Ex-servicemen and earmarking the vacancies for physically Handicapped persons, prepare a list in the order of merit-cum-reservation of candidates eligible for appointment in respect of each cadre or posts and shall cause to publish the same in the Official Gazette. If two or more candidates secure equal percentage of marks in qualifying examinations, the order of merit of such candidates shall be fixed on the basis of their age the person or persons older in age being placed higher in the order of merit. The number of candidates to be included in such list shall be equal to the total number of vacancies notified under Rule 4.
(2) The Selecting Authority after taking into consideration the orders relating to reservation of appointments and posts for Scheduled Castes, Scheduled Tribes and Other Backward Classes rules relating to classifying the vacancies for Ex-servicemen and earmarking the vacancies for Physically Handicapped persons and having regard to the order of merit anil the preference indicated by the candidates shall assign the selected cardidates under intimation to them to the different Appointing Authorities.
(3) For the purpose of appointing candidates against vacancies left unfilled in the respective categories as a result of selected candidates, not reporting to duty from the list prepared under sub-rule (1) as also for appointing in additional vacancies, if any available, the Selecting Authority shall prepare in the manner specified in sub-rule (1), an Additional List of candidates not included in the main list not exceeding twenty-five per cent of the vacancies notified:
Provided that if the Appointing Authority so requires the number of candidates to be included in the Additional List shall be such as may be specified by the Appointing Authority but not exceeding fifty per cent of the number of vacancies notified.
(4) If, after the appointment of candidates assigned to it under sub-rule (2), any Appointing Authority requires additional number of candidates, it may request the Selecting Authority to assign such additional number of candidates specifying the categories thereof and the Selecting Authority shall assign such number of candidates from the additional list prepared under sub-rule (3) under intimation to the candidates:
Provided that the candidates included in the additional list shall be assigned to each Appointing Authority in the order in which the requisitions are received in the office of the Selecting Authority:
Provided further that the candidates included in the additional list shall not be assigned unless all the candidates included in the main list under sub-rule (1) are appointed or found not suitable for appointment.
(5) Lists prepared under sub-rule (1) and sub-rule (2) shall be displayed by the Selecting Authority on the notice board of the office and shall also be caused to be published in the Official Gazette.
Rule 10 Appointment of Selected Candidates
(1) Candidates whose names are included in the lists prepared by the Selecting Authority under sub-rule (2) of Rule 9 may be appointed by the Appointing Authority, in the order in which the names are found in the list after satisfying itself after such enquiry as may be considered necessary, that each such candidate is suitable in all respects for appointment to a post in the cadre. Candidates whose names are included under sub-rule (3) of Rule 9 and furnished under sub-rule (4) of Rule 9 by the Selecting Authority may be similarly appointed after the candidates whose names are included in the list prepared by the Selecting Authority under sub-rule (2) of Rule 9 have been appointed.
Rule 11 Application of other Rules
The Karnataka Civil Services (General Recruitment) Rules, 1977 and Karnataka State Civil Services (Direct Recruitment by Selection) Rules, 1973 and other rules of recruitment specially made in respect of posts or categories of posts under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), shall apply in respect of matters for which no provision is made in these rules.
Rule 12 Posts outside the purview of Karnataka Public Service Commission
(1) Notwithstanding anything contained in these rules, or the rules of recruitment specially made in respect of any service or post, the recruitment to District Level Group C posts which are outside the purview of the Karnataka Public Service Commission for the purpose of clauses (a) and (b) of Section 3 of the Article 320 of the Constitution, shall be made by the Appointing Authority in the order of merit on the basis of the aggregate of the percentage of total marks secured by the candidate in the qualifying examinations specified in the rules of recruitment taking into consideration the orders in force relating to reservations of appointments and posts of Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex-servicemen and rules relating to earmarking the vacancies in favour of physically handicapped persons. If two or more candidates secure equal percentage of marks in qualifying examinations, the order of merit of such candidates shall be fixed on the basis of their age, the person or persons older in age being placed higher in the order of merit. For this purpose the Appointing Authority shall advertise the vacancies in the Gazette specifying the conditions of eligibility, nature of selection, number of vacancies to be filled, number required to be filled by Scheduled Castes, Scheduled Tribes, Other Backward Classes, Ex-servicemen, Physically handicapped persons and inviting applications from intending candidates. Abstracts of such Notification shall also be published in two widely circulated regional Newspapers. The Appointing Authority shall prescribe the form of application. The application shall be made in the prescribed form along with an application fee of Rs. 5/- to be remitted through a crossed Indian Postal Order purchased not earlier than 15 days prior to the date of application payable to the Appointing Authority:
Provided that no fee shall be payable by a candidate belonging to Scheduled Castes, Scheduled Tribes on Category-I (Most Backward).
(2) Appointing the candidates.-On the basis of sub-rule (1), a select list of candidates shall be prepared by the Appointing Authprity and the candidates in the select list may be appointed by the Appointing Authority in the order in which their names are found in the list after satisfying itself of such enquiry as may be considered necessary that each such candidate is suitable in all respects for appointment to a post in the cadre.
Rule 13 Repeal and Savings
(1) The Karnataka Civil Services (Recruitment to Group C posts in certain scales of pay) Rules, 1993 are hereby repealed: Provided that such repeal shall not affect the previous operations of the said rules or anything duly done or suffered thereunder or affect any right, liability or obligation already acquired or incurred under the said rules.
(2) Any reference in any rule or rules to the repealed rules by sub-rule (1), shall be construed as reference to these rules.
(3) Notwithstanding the repeal of the said rules by sub-rule (1), the process of recruitment to any of the posts covered by the said repealed rules if already commenced and pending on the date of commencement of these rules shall be finalised in accordance with the said repealed rules which were in force prior to the commencement of these rules.
ANNEXURE 1 SCHEME OF EXAMINATION
ANNEXURE
ANNEXURE
Scheme of Examination
1. Conduct of examination.The Selecting Authority shall make all arrangements for the conduct of the examination and allied matters.
2. Syllabus for the examination.The Syllabi for the examinations shall be as indicated below.
The question shall be objective type.
A. Competitive examination for recruitment to posts for which a degree or equivalent qualification plus additional qualifications, if any, are prescribed in the rules of recruitment.
1. (1) The examination shall consist of two written papers, namely.
(i) a paper on General Kannada or General English; and
(ii) a paper on General Knowledge.
(2) The maximum marks for each paper shall be 150 and the duration of each paper shall be three hours. The papers shall be set both in Kannada and in English.
(3) The papers shall normally conform to the minimum standards expected of a candidate who has acquired the Bachelor's Degree.
2. (1) The paper on General Kannada or English shall be to test the candidate's knowledge of Kannada or English grammar vocabulary, spellings, synonyms, antonyms, his power to understand and comprehend Kannada or English Language and his ability to discriminate between correct and incorrect usage.
(2) The paper on general knowledge shall cover questions on the Constitution of India, History, Culture and Geography of India in general and Karnataka in particular, current events, everyday science and such other matters of everyday observation. The paper on General Knowledge shall be answered either entirely in Kannada or entirely in English. It shall not be answered partly in Kannada and partly in English.
B. Competitive examination for recruitment to posts for which SSLC or higher but lower than degree and their equivalent qualification plus additional qualification, if any, are prescribed in the rules of recruitment.
1. (1) The examination shall consist of two written papers, namely.
(i) a paper on General Kannada or General English; and
(ii) a paper on General Knowledge.
(2) The maximum marks for each paper shall be 150 and the duration of each paper shall be three hours. The papers shall be set both in Kannada and in English.
(3) The papers shall normally conform to the minimum standards expected of a candidate who has passed SSLC examination.
2. (1) The paper on General Kannada or General English is intended to test the candidate's knowledge of Kannada or English grammar vocabulary, spelling, synonyms, antonyms, his power to understand and comprehend Kannada or English Language and his ability to discriminate between correct and incorrect usage.
(2) The paper on General Knowledge will cover topics relating to the Constitution of India, History, Culture and Geography of Karnataka, current events, everyday science and such other matters of everyday observation. The paper on General Knowledge shall be answered either entirely in Kannada or entirely in English. It shall not be answered partly in Kannada and partly in English.
C. Competitive examination for recruitment to posts for which lower than SSLC qualification plus additional qualification, if any, are prescribed in the rules of recruitment.
1. (1) The examination shall consist of two written papers, namely.
(i) a paper on General Kannada or General English; and
(ii) a paper on General Knowledge.
(2) The maximum marks for each paper shall be 100 and the duration of each paper shall be two hours. The papers shall be set both in Kannada and in English.
2. (1) The papers on General Kannada or General English is intended to test the candidate's knowledge of Kannada or English as expected of a person who has passed VII Standard.
(2) The paper on General Knowledge is intended to test the candidate's knowledge of current affairs and matters of general observation, relating to Karnataka. The paper on General Knowledge shall be answered either entirely in Kannada or entirely in English. It shall not be answered partly in Kannada and partly in English.
KARNATAKA CIVIL SERVICES (RECRUITMENT TO THE GROUP-C POSTS IN CERTAIN SCALES OF PAY) RULES, 1993
Whereas, the draft of the following rules, namely, Karnataka Civil Services (Recruitment to the Group-C posts in certain scales of pay) Rules, 1993 was published as required by sub-section (2) of Section 3 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), in Notification No. DPAR 50 SCR 93, dated 14th September, 1993, in Part IV, Section -2-C(i) of the Karnataka Gazette, Extraordinary, dated 16th September, 1993 inviting objections and suggestions from all persons likely to be affected thereby within thirty days from the date of its publication in the Official Gazette. And whereas, the said Gazette was made available to public on 16th September, 1993. And whereas, no objections and suggestions have been received in this regard. Now, therefore, in exercise of the powers conferred by sub-section (i) of Section 3 read with Section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the Government of Karnataka hereby makes the following rules, namely.-
Rule 1 Title, commencement and application
(1) These rules may be called the Karnataka Civil Services (Recruitment to the Group-C Posts in Certain Scales of Pay) Rules, 1993.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3)
(a) They shall apply to direct recruitment to all Group-C posts in the State Civil Services in the scales of pay, namely.-
(i) Rs. 960-20-1100-30-1400-40-1760
(ii) Rs. 1040-20-1100-30-1400-40-1800-50-1900
(iii) Rs. 1190-30-1400-40-1900-50-2200
(b) Government may, by notification include within the purview of clause (a), any category of posts of Group-C in any scale of pay;
(c) Notwithstanding anything contained in clause (a), these rules shall not apply.-
(i) to recruitment of officers and servants of the High Court of Karnataka, the Secretariat staff of the House of Legislature of the State of Karnataka and the members of the Staff of the Karnataka Public Service Commission;
(ii) to recruitment to posts or category, of posts to be made by selection committee constituted by or under any rules of recruitment specially made for recruitment, such posts or category of posts;
(iii) to the category of posts of Assistants, First Division Assistants, Junior Assistants and Second Division Assistants in all Departments;
(iv) to the category of posts of Secondary School Assistants (Grade II) and Secondary School Language Assistants (Grade II) in the Department of Public Instructions;
(v) to the category of posts of Group-C where method of selection of candidates are specially made and are not in accordance with these rules;
(vi) to such other category of posts of Group-C as may be notified by the Government.
Rule 2 Definitions
(1) In these rules unless the context otherwise requires.-
(a) "Appointing Authority" means the authority defined as such in clause (a) of Rule 2 of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957;
(b) "Selection Authority" means the authority appointed by Government by notification, for the purpose of selection of candidates under these rules provided that the State Government may appoint one Selection Authority for two or more categories of posts of Group-C.
(2) The words "Scheduled Castes", "Scheduled Tribes" and "Other Backward Classes" shall have the meaning assigned to them in the Karnataka Scheduled Castes, Scheduled Tribes and Other Backward Classes (Reservation of Appointment etc.,) Act, 1990 (Karnataka Act 7 of 1991).
(3) Words and expressions used in these rules but not defined therein shall have the same meaning as in the Karnataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Method of Direct Recruitment
Direct recruitment under these rules shall be made in the order of merit on the basis of the aggregate of the percentage of the total marks secured by the candidate in the qualifying examination specified in the rules of recruitment, and taking into consideration the orders in force relating to reservation of appointments and posts for Scheduled Castes, Scheduled Tribes, other Backward Classes and rules relating to earmarking of vacancies in favour of Ex-servicemen and physically handicapped persons. If two or more candidates have secured equal percentage of total marks in the qualifying examinations, the order of merit among such candidates shall be fixed on the basis of their age, the person or persons older in age being placed higher in the order of merit.
Rule 4 Intimation of vacancies to the Selection Authority
The Appointing Authorities in each department shall communicate to the selecting authority, the "number of direct recruitment vacancies in the cadres specified in clause (a) of sub-rule (3) of Rule 1 relating to their department duly classifying such vacancies in accordance with the orders in force relating to reservation of appointments and posts of Scheduled Castes, Scheduled Tribes and Other Backward Classes, and rules relating to earmarking the vacancies in favour of Ex-servicemen and physically handicapped persons.
Rule 5 Inviting applications
(1) The Selecting Authority shall advertise the vacancies in the Official Gazette specifying the conditions of eligibility, the nature of selection, the number of vacancies to be filled, the number required to be filled by persons belonging to the Scheduled Castes, Scheduled Tribes and other Backward Classes and by Ex-servicemen and physically handicapped persons and invite applications from intending candidates. Abstract of such advertisements shall also be published in the widely circulated regional newspapers.
(2) Applications shall be made in the form specified by the selecting authority.
(3) Every applicant shall remit along with his application a fee of five rupees by a crossed Indian Postal Order purchased not earlier than fifteen days prior to the date of application, payable to the Selecting Authority:
Provided that no fee shall be payable by a candidate belonging to Scheduled Caste, Scheduled Tribe or Backward Class Group-A and the fee payable by a local candidate or a stipendiary graduate shall be one rupee.
Rule 6 List of Selected Candidates
(1) The selecting authority shall on the basis of the aggregate of the percentage of total marks secured by the candidate in the qualifying examinations and after taking into account the orders in force relating to reservations of appointments and posts for Scheduled Castes, Scheduled Tribes and Other Backward Classes and rules relating to earmarking the vacancies for ex-servicemen and physically handicapped persons, prepare a list in the order of merit-cum-reservation of candidates eligible for appointment in respect of each cadre or post and shall cause to publish the same in the Official Gazette. The number of candidates to be included in such list shall be equal to the total number of vacancies intimated under Rule 4.
(2) The selecting authority after taking into consideration the orders relating to reservation of appointments and posts for Scheduled Castes, Scheduled Tribes and Other Backward Classes, rules relating to earmarking the vacancies for ex-servicemen and Physically handicapped persons and having regard to the order of merit-cum-reservation and the preference indicated by the candidates shall assign the selected candidates under intimation to them to the different Appointing Authorities.
(3) For the purpose of appointing candidates against vacancies left unfilled in the respective categories by not reporting to duty by the candidates from'the list prepared under sub-rule (1) as also for appointing in any additional vacancies that may be available, the selecting authority shall prepare in the similar manner specified in sub-rule (1), a single additional list of candidates not included in the main list not exceeding twenty-five per cent of the total number of candidates included in the main list prepared under sub-rule (1).
(4) If, after the appointment of candidate assigned to it under sub-rule (1), any Appointing Authority requires additional number of candidates, it may request the selecting authority to assign such additional number of candidates specifying the categories thereof and the selecting authority shall assign such number of candidates from the additional list prepared under sub-rule (3), under intimation to the candidates:
Provided that the candidates included in the additional list shall be assigned to each Appointing Authority in the order in which the requisitions are received in the office of the selecting authority:
Provided further that, the candidates included in the additional list shall not be assigned unless all the candidates included in the main list under sub-rule (1) are appointed or found not suitable in all respects for appointment.
(5) Lists prepared under sub-rule (1) and sub-rule (2), shall be displayed by the selecting authority on the notice board of the office and shall also cause to publish in the Official Gazette.
Rule 7 Appointment of candidates
(1) Candidates whose names are included in the lists prepared by the selecting authority under sub-rule (2) of Rule 6 may be appointed by the Appointing Authority, in the order in which the names are found in the list after satisfying itself after such enquiry as may be considered necessary that each such candidate is of Rule 1 shall apply in respect of matters for which no provision is made in these rules.
Rule 8 Repeal and Savings
(1) The Karnataka State Civil Services (Recruitment Committees) Rules, 1982 are hereby repealed:
Provided that such repeal shall not effect the previous operations of the said rules or anything duly done or suffered thereunder or effect any right, liability or obligation already acquired or incurred under the said rules.
(2) Any reference in any rule or rules to the repealed rules by sub-rule (1) shall be construed as reference to these rules.
(3) Notwithstanding the repeal of the said rules by sub-rule (1) the process of recruitment to any of the posts covered by the said repealed rules if already commenced and pending on the date of commencement of these rules shall be finalised in accordance with the said repealed rules which were in force prior to the commencement of these rules.
KARNATAKA STATE CIVIL SERVICES (UNFILLED VACANCIES RESERVED FOR THE PERSONS BELONGING TO THE SCHEDULED CASTES AND THE SCHEDULED TRIBES) (SPECIAL RECRUITMENT) RULES, 2001
Whereas, the draft of the Karnataka State Civil Services (Unfilled Vacancies reserved for the persons belonging to the Scheduled Castes and Scheduled Tribes) (Special Recruitment) Rules, 2001 was published as required by clause (a) of sub-section (2) of Section 3 of the Karnataka State Civil Services Act , 1978 (Karnataka Act 14 of 1990), in Notification No. DPAR 13 SBC 2001, dated 6th August, 2001 in Part IV-A of the Karnataka Gazette, Extraordinary No. 1505, dated 6th August, 2001 inviting 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 was made available to the public on 6th August, 2001. And whereas, the objections and suggestions received have been considered. 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 Government of Karnataka hereby makes the following rules, namely.
Rule 1 Title, commencement and application
(1) These rules may be called the Karnataka State Civil Services (Unfilled Vacancies Reserved for the Persons Belonging to the Scheduled Castes and the Scheduled Tribes) (Special Recruitment) Rules, 2001.
(2) They shall come into force on the date of their publication in the Official Gazette.
(3) Notwithstanding anything to the contrary contained in the rules of recruitment specially made in respect of any service or post or any other rules made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), the provisions of these rules shall apply for the purpose of filling up the unfilled vacancies existing on the date of commencement of these rules.
Rule 2 Definitions
(1) In these rules, unless the context otherwise requires.
(a) "Appointing Authority" means the appointing authorities as specified in Rule 7 or column (2) of Schedules II and III of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957 and in case, it is not so specified, the head of the department;
(b) "Qualification" means the minimum qualification for recruitment to any service or post prescribed in the rules of recruitment specially made in respect of that service or post or in any other rules made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990);
(c) "Selecting Authority" means the Karnataka Public Service Commission for the purpose of selection to the posts in Group "A" and Group "B" and the Head of the Department concerned for selection to the posts in Group "C" and Group "D";
(d) "Unfilled vacancies" mean and include
(i) the backlog in direct recruitment as contemplated in the G.O. No. DPAR 19 SBC 89, dated 12th July, 1989, read with subsequent Government Order bearing the same number and dated 22nd July, 1989 existing as on the date of commencement of these rules;
(ii) the vacancies to the extent they were not filled by the persons belonging to the Scheduled Castes or the Scheduled Tribes as the case may be, as per the classification of the vacancies in accordance with the orders of reservation applicable to direct recruitment while regularising the services of the daily wage employees as per the Government Order No. DPAR 02 SLC 90, dated 6th August, 1990 and the daily wage diploma and graduate engineers as per the Government Order No. DPAR 13 SLC 94, dated 28th September, 1994 existing as on the date of commencement of these rules; and
(iii) if even after taking into account the unfilled vacancies mentioned in clauses (i) and (ii) above, the percentage of representation of the persons belonging to the Scheduled Castes and the Scheduled Tribes in any cadre, to which the orders of reservation in direct recruitment under clause (4) of Article 16 of the Constitution are applicable, does not reach 15% in respect of the persons belonging to the Scheduled Castes and 3% in respect of the persons belonging to the Scheduled Tribes, as the case may be, of direct recruitment vacancies, then such shortfall of unfilled direct recruitment vacancies existing as on the date of commencement of these rules.
(2) Other words and expressions used in these rules but not defined shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.
Rule 3 Age
Notwithstanding anything to the contrary contained in the Karnataka Civil Services (General Recruitment) Rules, 1977, or the rules of recruitment specially made for recruitment to any service or post, the candidates for recruitment to any service or post under these rules must have attained the age of eighteen years but not attained the age of forty years.
Rule 4 Release of vacancies to fill up the unfilled vacancies
(1) The Appointing Authorities concerned shall release the unfilled vacancies, subject to their availability, to the Selecting Authority, for the purpose of recruitment under these rules.
(2) The Appointing Authorities concerned shall presume the concurrence of Finance Department for the purpose of releasing of vacancies to fill up as referred to in sub-rule (1), to the Selecting Authority.
Rule 5 Mode of recruitment
(1) Notwithstanding anything to the contrary contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or the rules of recruitment specially made for recruitment to any service or post, recruitment under these rules shall be made by the Selecting Authority.
(2) The Selecting Authority shall, for recruitment to the category of posts referred to in Rule 4, cause to invite applications from the candidates possessing the qualification by publishing in the Official Gazette and in more than one widely circulated regional newspapers, of which, at least, one shall be in Kannada.
Rule 6 List of selected candidates
(1) The Selecting Authority shall, from among .the candidates who have applied in pursuance to the publication inviting applications under Rule 5 and who have attained the age of 29 years but not attained the age of 40 years, prepare a list of candidates for each category of posts in the order of merit on the basis of percentage of total marks secured in the qualifying examination and taking into consideration the reservation for women, ex-servicemen, physically handicapped and project displaced persons in accordance with the Karnataka Civil Services (General Recruitment) Rules, 1977 and the rural candidates in accordance with the Karnataka Reservation of Appointments or Posts (in the Civil Services of the State for Rural Candidates) Act, 2000. If however, sufficient number of candidates, who have attained the age of 29 years but not attained the age of 40 years are not available, the candidates, who have attained the age of 18 years but not attained the age of 29 years shall also be included in the select list in accordance with the provisions specified above to the extent of such insufficient number:
Provided that if two or more candidates have secured equal percentage of total marks in the qualifying examination, the order of merit in respect of such candidates shall be fixed on the basis of their age, the one older in age being placed higher in the order of merit. The number of candidates to be included in such list of eligible candidates shall be equal to the total number of vacancies notified under these rules.
(2) The list prepared in accordance with sub-rule (1) shall be published in the Official Gazette and shall be valid till all the candidates suitable for appointment notified under these rules are appointed.
Rule 7 Appointment of candidates
(1) Candidates whose names are included in the list prepared under Rule 6 may be appointed by the Appointing Authority in the vacancies in the order in which their names appear in the list after satisfying itself after such enquiry as it may consider necessary that each of the candidate is suitable in all respects for appointment.
(2) The inclusion of name of a candidate in the list published under Rule 6 shall not confer any right of appointment.
Rule 8 Application of other rules
The Karnataka Civil Services Rules, the Karnataka Civil Services (Probation) Rules, 1977 and such other rules for the time being in force regulating the conditions of service made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), insofar as they are not inconsistent with the provisions of these rules shall be applicable to the persons appointed under these rules. |
