THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF TEACHERS) ACT, 2020

THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF TEACHERS) ACT, 2020

KARNATAKA ACT NO. 04 OF 2020

(First Published in the Karnataka Gazette Extra-ordinary on the 27th day of March, 2020)

 (Received the assent of the Governor on the 26th day of March, 2020)

An Act to provide for regulation of transfer of teachers so as to ensure

the availability of teachers in Government Primary school sand Government

High schools.

Whereas it is expedient to provide for regulation of transfer of teachers

so as to ensure the availability of teachers in Government Primary Schools

and Government High schools and for the matters connected therewith or

incidental thereto;

Be it enacted by the Karnataka State Legislature in the seventy first

year of the Republic of India, as follows:-

1. Short title and commencement.-(1) This Act may be called the

Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2020.

(2) It shall come into force on such date as the State Government may

by notification, appoint.

2. Definitions.-In this Act, unless the context otherwise requires,-

(a) "Appointment" means appointment by direct recruitment,

by absorption or by promotion;

(b) "Appointing authority" means the authority competent to make

appointment to the post of a teacher;

(c) "Competent authority" means the authority competent to make

orders of transfer of teachers as may be prescribed;

(d) "Minimum period of service" means a continuous service of three

years in a school including service rendered in a school from where

he has been re-deployed.

 (e)"Order of priority" means priority list of teachers prepared based

on weighted score obtained by the teacher as per the criteria as

may be prescribed, for the purpose of counselling;

(f) "Re-deployment" means re-deployment of any post from a school

where it is excess, to any school where it is deficit as per pupilteacher

ratio and other norms specified by the State Government;

(g) "Schedule" means the schedule appended to this Act;

(h) “Specified posts” means posts of Cluster resource person, Block

resource person, Educational co-ordinator, Technical Assistant, Block

resource co-ordinator, Assistant project Co-ordinator, Subject Inspector

and Assistant Director (mid day meal); and such other posts as may be

notified by the State Government in this behalf;

(i) "Teacher" means a person appointed to a category of posts of a

teacher in a primary school or a high school or composite high

school or composite junior college or such other posts belonging to

the State Civil Services as specified in the Schedule;

(j)"Transfer" means posting of a teacher from one place of working to

another place of working in the same cadre;

(k) "Unit of seniority" means for primary school teachers the Unit of

Seniority is an Educational district and for high school teachers,

the unit of seniority is a Revenue division; and

(l)"Zone" means Zone-A, Zone-B and Zone-C as defined and

prescribed by the State Government.

3. Compulsory appointment of a teacher to Zone-C.- (1) Every

appointing authority while giving first posting on initial appointment or

promotion of a teacher shall ensure that vacancies in Zone-C shall be filled

in the first instance. Preferably the taluks with more than twenty percent

vacancies shall be filled on priority.

(2) If no vacancy is available for posting on initial appointment or

promotion in Zone-C, vacancy may be created by transfer of willing teachers

working in

Zone-C who have completed minimum period of service to Zone-B in the

order of priority and from Zone B-to Zone-A:

Provided that, posting of a teacher to Zone-C on initial appointment or

promotion shall not apply to a teacher who has been appointed to a unit of

seniority which does not comprise any area under Zone-C:

Provided further that, if no vacancies are available in Zone-C even

after undertaking process under sub-sections (1) to (2), then a teacher may

be posted to a school in order of Zone-B or Zone-A:

Provided also that, if a teacher who has already served more than ten

years in Zone-C continuously or fifteen years in Zone-C cumulatively, such

teacher on promotion may be posted to a school in the order to Zone-Bor

Zone-A through counselling subject to availability of such vacancies.

4. Rationalisation of teachers.-(1) Every alternate year the

sanctioned posts and the teachers working thereof in a school shall be

rationalized based on the Pupil-Teacher ratio fixed by the State Government

from time to time.

(2) After rationalisation the excess posts of a teacher in any school

shall be redeployed to any school where it is deficit. The excess teachers so

determined shall be transferred through counselling based on the order of

priority, subject to such other conditions as may be prescribed.

5. Zonal transfers.-Every alternate year,-

(i) every teacher who has not served minimum ten years in Zone-C

and has served more than ten years continuously in Zone-A shall be

transferred to Zone-C or Zone-B subject to such conditions as may be

prescribed by the State Government.

(ii) if no vacancy is available for posting of a teacher transferred under

sub-clause (i) to Zone-C, vacancy may be created by transfer of willing

teachers working in Zone-C or Zone-B who have completed minimum period

of service to Zone A in the order of priority.

6. Request transfer.-A teacher who has served minimum period of

service in a school shall be offered an option to seek transfer subject to

availability of vacancies and such other conditions as may be prescribed:

Provided that, in case of transfer of teacher from one school to another

consequent upon rationalisation or zonal transfer the service rendered in

previous school shall be reckoned for the purpose of calculation of minimum

service in a school.

Provided further that, a teacher working in any of the six districts of

Kalyana Karnataka region, in addition to all other eligibility conditions shall

also have completed a minimum of ten years of service in the region, for

seeking transfer outside of Kalyana Karnataka region.

7. Transfer by counselling.-(1)The transfer of teachers under

sections 4, 5 and 6 shall ordinarily be done during the General transfer in

the month of April and May, in a year through a process of computerized

counselling conducted in such manner as may be prescribed:

Provided that, the transfer may be made even after the month of April

and May in special circumstances for the reasons to be recorded in writing

on direction of the State Government:

Provided further that, where no teacher has opted for a place in the

process of counselling and it is required to be filled in the public interest

based on the pupil-teacher ratio, the State Government may transfer any

teacher to such place who has completed minimum period of service,

subject to such other conditions as may be prescribed:

Provided also that, a teacher undergoing a major penalty under the

Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 or

facing criminal charges in Court of Law shall be transferred to any vacancy

in 'Zone-C' even if he has not completed minimum period of service:

Provided also that, the total number of transfers made under sections

5 and 6 under this Act in a year, for any cadre and in any unit of seniority

shall not exceed fifteen percent or such lower limit as notified by the State

Government:

Provided also that, the limit prescribed in the fourth proviso, shall not

be applicable to mutual transfers and transfers made under special

categories as defined in clause (i) to (iv) of sub-section (1) of section 10.

(2) The mutual transfer to a place outside the unit of seniority shall be

permitted not more than once in-service subject to condition that both

teachers must have completed minimum seven years of service; must be

otherwise eligible to be transferred to that zone and must have minimum

five years of leftover service. He shall not be eligible for protection of

seniority and be subject to such other conditions as may be prescribed.

Provided that, in respect of mutual transfer of a teacher within the

unit of seniority he shall be otherwise eligible for transfer to that post.

(3) The competent authority shall ensure that as for as possible the

percentage of vacancies in all the districts are distributed equally.

8. Transfer of teachers to specified posts.-(1) All specified posts

shall be filled only through counselling by posting of a teacher based on

merit list prepared through the examination specified for such posts:

Provided that, the State Government may in its discretion, post any

teacher to a specified post, who has passed the prescribed examination and

has fulfilled eligibility norms.

(2) The minimum and maximum periods of posting to such posts shall

be three years and five years respectively.

9. Redressal of grievances during transfers.-The departmental

Officer not below the rank of a Joint Director of Public Instruction shall be

designated as the Grievance Redressal Officer to oversee all transfer process

under his jurisdiction and hear any written complaints and pass orders

within seven days. The appeal against the order passed by the Grievance

Redressal Officer shall lie with Additional Commissioner of Public

Instruction, Dharwad for Belagavi division; Additional Commissioner of

Public Instruction, Kalaburagi for Kalaburagi division and Director (Transfer

Cell), Commissioner of Public Instruction office, Bengaluru in respect of

Bengaluru and Mysuru Division. In case of violation of any provision of the

Act or the rules made there under by any officer, the same shall be reported

to the concerned Disciplinary Authority.

10. Exemptions from rationalization, zonal transfers and priority

for request transfers.-(1)The exemptions from rationalization, zonal

transfers and priority for request transfers are as follows, subject to

conditions specified in sub-sections (2) to (5),-

(i) teacher or spouse or children suffering from terminal illness or

serious ailments for which treatment is not available within

the taluk in which teacher is working;

(ii) teacher or spouse or children with bench mark disability as

defined in clause (r) of section 2 of the Rights of persons with

disabilities Act, 2016 (Central Act 49 of 2016);

(iii) widow or widower or a divorcee teacher with dependent

children; below the age of 12 years;

(iv) teacher with spouse being a working soldier or retired or

permanently disabled or deceased soldier of Indian Defence

Forces or Para-Military Forces;

(v) teacher with spouse working with the State or Central

Government or aided educational institution;

(vi) teachers above the age of fifty years in case of female teachers

and fifty five years in case of male teachers; and

(vii) pregnant teacher or a female teacher with a child of less than

one year.

(2) The categories falling under clauses (i) to (iv) are eligible for both

exemptions under rationalization and zonal transfers and also priority under

request transfers. The priorities shall be claimed only once during the

service of a teacher.

(3) The categories falling under clauses (i) to (iv) are classified as

special categories. The transfers made under these categories shall not be

counted under fifteen percent transfer limits specified under section 7.

(4) The categories falling under clause (vi) and (vii) are eligible only for

exemptions under rationalization and zonal transfers.

 (5) The teachers falling under category (v) shall be given priority

during request transfer. If the teacher is working in a different taluk as that

of the spouse is allowed to seek transfer to the working taluk of the spouse

only. If both are working in the same taluk then they are not eligible to make

application under priority:

Provided that, during rationalization and zonal transfers the excess

teacher shall be posted within the working taluk of the spouse.

11. Prohibition of manual counselling.- The carrying out of

transfers through manual counselling is prohibited. If transfers are done

through manual counselling they shall be considered as null and void and

officers who are responsible for such transfers are liable for disciplinary

action.

12. Penalties.- If any officer or staff acts or makes an order in

contravention of the provisions of this Act or the rules made

thereunder, such officer or staff as the case may be, shall be liable for

disciplinary action under the Karnataka Civil Services(Classification, Control

and Appeal ) Rules, 1957.

13. Cognizance of offences.-No Court shall take cognizance of any

offence under this Act except on a complaint made in writing by an officer

authorized by the State Government by notification published in this behalf

in the Official Gazette.

14. An Act to override other laws.- The provisions of this Act

shall have an over-riding effect on anything inconsistent therewith

contained in any other law for the time being in force.

15. Power to remove difficulties.- If any difficulty arises in giving

effect to the provisions of this Act, the State Government if it is

necessary and expedient for removing the difficulty, may by order

published in the official Gazette make provisions not inconsistent with

the provisions of this Act:

Provided that, no such order shall be made after the expiry of a period

of two years from the date of commencement of this Act.

16. Power to amend the Schedule.-The State Government may, by

notification, add, alter or remove any of the entries specified in the

Schedule.

17. Protection of action taken in good faith.- No suit, prosecution

or other legal proceeding shall lie against any officer of the State

Government for anything done in good faith or intended to be done under

this Act.

18. Power to make rules.- (1) The State Government may by

notification and after previous publication, 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 under this

Act.

(3) Every rule made or notification issued 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 session

immediately following both Houses agree in making any modification,

in the rule or notification or decide that any rule or notification should not

be made, the rule or notification shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any

such modification or annulment shall be without prejudice to the

validity of anything previously done under that rule or notification.

19. Transitory provisions.- Any rule, notification, order or

appointment, made or issued under the Karnataka State Civil Services

(Regulation of transfer of teachers) Act, 2007 (Karnataka Act 29 of 2007) and

Rules made there under or otherwise providing for or relating to any of

the matters for the furtherance of which this Act is enacted, before

the date of commencement of this Act and in force on the date of

commencement of this Act, to the extent they are not inconsistent with

the provisions of this Act, shall continue to be in force and effective as if

they are made or issued or appointed under the corresponding provisions of

this Act unless and until superseded by anything done or any action taken

or any rules, notification, order or appointment made under this Act.

20. Repeal and savings.-Except the provisions relating to transfer of

Lecturer or Principal of Pre-University college, the Karnataka State Civil

Services (Regulation of transfer of teachers) Act, 2007 (Karnataka Act 29 of

2007) is hereby repealed:

Provided that, such repeal shall not affect,-

(a) anything done or any action taken under the said Act; or

(b) the previous operation of the said Act or anything duly done or

suffered thereunder; or

(c) any right, privilege, obligation or liability acquired, accrued or

incurred under the said Act; or

(d) any penalty or punishment incurred in respect of any offence

committed under the said Act:

Provided further that, the provisions of section 6 of the Karnataka General

Clauses Act, 1899 (Karnataka Act III of 1899) shall be applicable in respect

of repeal of the said Act.

SCHEDULE

(see section 2 and 16)