THE KARNATAKA SCHEDULED CASTES, SCHEDULED TRIBES AND OTHER BACKWARD CLASSES (RESERVATION OF APPOINTMENTS ETC.,) (AMENDMENT) ACT, 2024
KARNATAKA ACT NO.42 OF 2024
(First Published in the Karnataka Gazette Extra-ordinary on the day of August , 16th 2024)
(Received the assent of Governor on the 15th day of August, 2024)
An Act further to amend the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990.
Whereas it is expedient further to amend the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990 (Karnataka Act No. 7 of 1991) for the purposes hereinafter appearing;
Be it enacted by Karnataka State Legislature in the seventy fifth year of the Republic of India as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka scheduled castes, scheduled tribes and other backward classes (Reservation of Appointments etc.,) (Amendment) Act, 2024.
(2) It shall come into force at once.
2. Amendment of section 2.- In the Karnataka Scheduled Castes, Scheduled Tribes and other Backward Classes (Reservation of Appointments etc.,) Act, 1990 (Karnataka Act No.7 of 1991) (hereinafter referred to as the principal Act), in section 2,-
(i) after clause (2), the following shall be inserted, namely:-
"(2-a) “Appointment on outsource” means appointment to any post in the cadre of the State civil services or establishments in public sector, against direct recruitment quota by a manpower supply agency recognised by the Government.”
(ii) after clause (4), the following shall be inserted, namely:-
"(4-a)" Period specific post" or "tenure post" means a permanent post held by a Government servant in a service or post under State Government or in the establishment in public sector for a period of not more than forty-five days, without reappointment."
(iii) in clause (8),-
(a) in sub-clause (i), for the brackets, words and figures "the Karnataka Scheduled Castes, Scheduled Tribes and other Backward classes (Reservation of Appointment etc) (Second Amendment) Act, 2004 (hereinafter referred to as the Second Amendment Act, 2004), the words, "each time of the direct recruitment” shall be substituted;
(b) in sub-clauses (ii) and (iii), for the words and figure "the Second Amendment Act, 2004" the words, "each time of the direct recruitment" shall be substituted.
3. Amendment of section 3.- In section 3 of the principal Act,-
(i) for clauses (a),(b) and (c), the following shall be substituted, namely:-
"(a) posts above the cadre of Group 'A' (Junior Scale) meant for conducting or guiding or directing research;
(b) posts above the cadre of Group 'A' (Junior Scale) classified as scientific posts;
(c) period specific posts or tenure posts filled on temporary, part time, contract basis for period less than 45 days".
(ii) clause (d) shall be omitted.
4. Amendment of section 4.- In section 4 of the principal Act,-
(i) in sub-section (1A), for the words, bracket and figures "(Second Amendment) Act, 2004", in the two places where they occur, the words, "each time of the direct recruitment" shall be substituted; and
(ii) after sub-section (4), the following shall be inserted, namely:-
“(5) A manpower supply agency recognised by the Government while making appointment on the basis of outsource against direct recruitment quota to any post in the cadre of the State civil services or establishments in public sector has to ensure that adequate representation is given to the members of the Scheduled Castes, Scheduled Tribes and Other Backward Classes to such extent and in such manner as may be prescribed:
Provided that, the appointment on the basis of outsource shall be on temporary basis and shall not be regularized against direct recruitment quota.
Provided further that, the appointment on the basis of outsource shall not exceed ten percent of the sanctioned strength of the post against direct recruitment.
Provided also that, on or before the commencement of the Karnataka scheduled castes, scheduled tribes and other backward classes (Reservation of Appointments etc.,) (Amendment) Act, 2024 if the appointment on the basis of outsource exceeds ten percent of the sanctioned strength of the post, then such appointments shall be reduced every year by ten percent.
(6) The terms and conditions of outsource appointment and recognition of agency shall be specified by an order issued by the Government from time to time.”
5. Amendment of section 4A.- In section 4A of the principal Act, after sub-section (5), the following shall be inserted, namely:-
“(6) The Tahsildar may at any time either suo-motu or on an application made to him by any person regarding false caste certificate, shall examine the records relating to the cast, and if in his opinion that the person against whom the allegation is made has obtained the caste certificate by furnishing false information found true, he shall cancel the caste certificate issued by him forthwith:
Provided that, the Tahasildar shall not pass any order of cancellation unless such person is given an opportunity of being heard".
6. Amendment of section 4D.- In section 4D of the Principal Act, in sub-section (2), after the words “deems fit’’, the words “within a period of four months from the date of receipt of appeal.”, shall be inserted.
7. Amendment of section 4F.- In section 4F of the Principal Act, after sub-section (2), the following shall be inserted namely:-
"(3) After passing the orders under sub-section (1), the Deputy Commissioner shall report to the concerned competent authority to place the concerned Tahsildar under suspension for issue of false caste certificate. The concerned competent authority shall act upon the report within fifteen days after receipt of the report pending enquiry.
(4) In case of other officials who are responsible for recommending and submitting false report regarding the caste certificate, the Deputy Commissioner shall place them under suspension immediately pending enquiry".
8. Amendment of section 5A.- In section 5A of the Principal Act, for the words "one thousand" and "five thousand", the words "five thousand’’ and “twenty five thousand’’ respectively shall be substituted.
9. Amendment of section 5B.- In section 5B of the Principal Act, for the words "one thousand" and "five thousand", the words "five thousand’’ and “twenty five thousand’’ shall respectively be substituted.
10. Insertion of new section 5C.- After section 5B of the Principal Act, the following shall be inserted, namely:-
"5C. Penalty for submission of false report by the reporting officer and official.- (1) If an officer and official functioning as enquiry authority regarding caste certificate cases intentionally or negligently prepares any report and submit the same to the District Caste Verification Committee or to the Tahsildar, so as to enable a person who is not a member of the Scheduled Castes or Scheduled Tribes, to secure validity certificate or caste certificate of the Scheduled Castes or Scheduled Tribes from the District Caste Verification Committee or Tahsildar respectively shall be liable for criminal action and shall on conviction, be punishable with rigorous imprisonment for a term which shall not be less than six months but which may extend up to two years and with fine which shall not be less than five thousand rupees but which may extend to twenty five thousand rupees.
(2) The officer or official submitting false report shall also be liable for departmental disciplinary action under the relevant service rules for dereliction of duty.”
11. Amendment of section 8.- In section 8 of the principal Act,-
(i) after the heading existing provision shall be renumbered as sub-section (1) thereof and in sub-section (1) as so renumbered,-
(a) after item (d), the following shall be inserted, namely:-
“(d-1) The Secretary to Government, Revenue Department,
Government of Karnataka - Ex-officio Member”
(b) in clause (e) the symbol and words “&Labour Department” shall
be omitted.
(ii) after sub-section (1) as so renumbered and the proviso, the following shall be inserted, namely:-
“(2) The standing committee shall meet at least twice in a year.’’
12.Power to remove difficulty.- (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as may appear to it to be necessary for removing the difficulty.
Provided that, no such order shall be made under this section after the expiry of a period of two years from the date of commencement of this Act.
(2) Every order made under sub-section (1), shall be laid, as soon as may be after it is made, before each house of the State Legislature.
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