THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF TEACHERS) (AMENDMENT) ACT, 2017
KARNATAKA ACT NO. 23 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the Eighteenth day of April, 2017)
(Received the assent of the Governor on the Fifteenth day of April, 2017)
An Act further to amend the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2007.
Whereas it is expedient further to amend the Karnataka State Civil Services (Regulation of Transfer of Teachers) Act, 2007 (Karnataka Act 29 of 2007) for the purposes hereinafter appearing.
Be it enacted by the Karnataka State Legislature in the sixty-eighth 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) (Amendment) Act, 2017.
(2) It shall come into force at once.
2. Amendment of section 2.- In the Karnataka State Civil Services (Regulation of transfer of teachers) Act, 2007 (Karnataka Act 29 of 2007) (hereinafter referred to as the principal Act), in section 2,-
(i) after clause (c), the following shall be inserted, namely:-
"(c1) "maximum period" means a continuous service of ten years in a Zone in different cadres put together;
"(c2) "minimum period” means a continuous service of five years in a Zone in different cadres put together;"
(ii) for clause (j), the following shall be substituted, namely:-
"(j) "unit of seniority" means an educational district for posts in Government primary schools, a revenue division for posts in Government high schools and the state for posts in Government pre-university colleges;”
3. Substitution of section 3.- In section 3 of the principal Act, the sub-section(3) shall be omitted.
4. Insertion of new sections 3A and 3B.- After section 3 of the principal Act, the following shall be inserted, namely:-
"3A. Compulsory transfer of a teacher in public interest.- (1) A teacher who has completed maximum period of service in Zone A and has more than two years of remaining service shall be transferred compulsorily to a post in Zone 'C' in public interest.
Provided that a teacher who is a office bearer of a recognized teacher's or employee's association or an unmarried female teacher or a widow female teacher or a teacher having more than forty percent physical disability shall be given exemption from provision of this sub-section.
(2) A teacher serving in Zone A and 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 Zone 'C' even if he has not completed minimum period of service.
(3) If no vacancies are available for such compulsory transfer under sub-section (1) or (2), the vacancies may be created by offering transfer option to existing teachers who have completed minimum period of service in Zone 'C' as provided in sub-section (2) of section 3.
3B. Rotation of teachers.- (1) A teacher who has served minimum period of service in Zone 'B' or Zone 'C' shall be offered an option to seek transfer to Zone 'A' or Zone 'B' respectively subject to availability of vacancies.
(2) A vacancy remaining unfilled in Zone 'A' shall be filled by transfer of teacher in Zone 'B' on exercise of option and any vacancy still not filled may be filled by transfer of eligible teachers in Zone 'C'.
(3) A vacancy remaining unfilled in Zone 'B' shall be filled by transfer of a teacher in Zone 'C' on exercise of option and any vacancy still not filled in Zone B may be filled by transfer of teacher in Zone 'A' who are to be transferred compulsorily under sub-section (1) of section 3A."
5. Amendment of section 4.- In section 4 of the principal Act, the following proviso shall be inserted, namely:-
"Provided that, the total number of transfers in a year in any cadre and in any unit of seniority under this Act shall not exceed fifteen percent or any lower limit as may be prescribed ".
6. Substitution of section 5.- For section 5 of the principal Act, the following shall be substituted, namely:-
"5. Transfer of Teachers to specified posts.- (1) The vacancies related to posts created under Centrally sponsored schemes and such other posts as may be specified by the State Government shall be filled first in the respective zone before filling up other vacancies.
(2) The posts of Assistant Director (Mid-Day Meal), Block Resource Person, Cluster Resource Person, Assistant Project Coordinator, Education Coordinator and Subject Inspector shall be filled only by posting of teachers who have passed the examination prescribed for such posts:
Provided that, the minimum and maximum periods of posting to the posts included in sub-section (2) shall be three years and five years respectively."
7. Amendment of section 6.- In section 6 of the principal Act,-
(i) in sub-section (1), the second proviso shall be omitted; and
(ii) in sub-section (2),-
(a) for clause (1), the following shall be substituted, namely:-
"(1) In case of a teacher married to a Government or PSU employee posted outside the unit of seniority of the teacher irrespective of the period of service;"
(b) after clause (5), following shall be inserted, namely:-
"(6) Where a teacher has completed minimum period of service in any Zone and is seeking transfer to an eligible Zone in another unit of seniority which does not has surplus teachers."
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