The Karnataka Civil Services (Water Resource Service) (Special Recruitment of Assistant Engineers and Junior Engineers) Act, 2013

KARNATAKA ACT NO. 62 OF 2013 THE KARNATAKA CIVIL SERVICES (WATER RESOURCE SERVICE) (SPECIAL RECRUITMENT OF ASSISTANT ENGINEERS AND JUNIOR ENGINEERS) ACT, 2013

(1) This Act may be called the Karnataka Civil Services (Water Resources Services) (Special Recruitment of Assistant Engineers and Junior Engineers) Act, 2013. (2) It shall come into force at once. (3) Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or in the Karnataka Public Works (Irrigation Services) (Recruitment) Rules, 1988 or in any other rule made or deemed to have been made under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) or in any Judgment, decree or Order of any Court, Tribunal or Authority this Act shall apply to the direct recruitment to 550 or such additional number of vacancies as may be notified by the State Government in the categories of Posts of Assistant Engineers and Junior Engineers in the Karnataka Civil Services (Water Resource Services): Provided that nothing in this Act shall apply to more than one recruitment.

(1) In this Act, unless the context otherwise requires,- (a) "Adhoc or Contract Assistant Engineers or Junior Engineers" means the adhoc or contract Assistant Engineers or Junior Engineers as defined and absorbed into the Karnataka Public Works (Irrigation Service) under the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002; (b) "selection authority" means such officer or authority as the State Government may by order specify in this behalf. (2) The words and expressions used in this Act but not defined herein shall have the same meaning as in the Karnataka State Civil Services (General Recruitment) Rules, 1977.

(1) The selection of candidate for the Posts of Assistant Engineers and Junior Engineers under this Act shall be made by the Selection Authority. (2) The selection authority shall prepare a list of selected candidates in accordance with section 7.

The candidate who are eligible as on 11-02-1999 in accordance with the age limit specified in rule 6 of the Karnataka Civil Services (General Recruitment) Rules, 1977 shall only be eligible to apply for the recruitment under this Act: Provided that the upper age limit prescribed shall be relaxed in respect of adhoc or contract Assistant Engineers or Junior Engineers as on 11-02-1999 by such number of years they have served on Adhoc or contract basis.

The qualification for the purpose of recruitment under this Act, to the post of Assistant Engineers and Junior Engineers shall respectively be the qualification specified for the post of the Assistant Engineers and Junior Engineers in the Karnataka Public Works (Irrigation Service) (Recruitment) Rules, 1998 as on 11-02-99. The candidates who possessed with the above qualification as on 11-02-99 shall only be eligible to apply.

Selection 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 and classification in accordance with the orders of reservation in force and invite applications from the intending candidates. Abstract of such advertisement shall also be published in two news papers having wide circulation in the State.

(1) The selection Authority shall on the basis of the aggregate percentage of marks secured by the candidates in the qualifying examination and taking into consideration the weightage allowed under this Act, and subject to orders in force providing for reservation for posts for the Scheduled Castes, Scheduled Tribes and other Backward Classes or any other reservation as per law in force prepare in the order of merit, lists of candidates eligible for appointment under this Act to the posts of Assistant Engineers and Junior Engineers. If the marks obtained by two or more applicants are equal the order of merit in respect of such candidates shall be fixed on the basis of their age, the older in age being placed above the younger: Provided that in case of determination of income for the purpose of reservation of posts, salary income of the adhoc or contract Assistant Engineers or Junior Engineers shall not be taken into consideration. (2) The number of candidates to be selected under sub-section (1) shall be equal to the number of Vacancies notified: Provided that while preparing the above lists, (a) A weightage of five percent for each year of service subject to a maximum of thirty percent shall be added to the percentage of total marks secured by the candidate in the qualifying examination, if such candidate has served as Assistant Engineer or Junior Engineer, as the case may be in the Irrigation Department in the State; and (b) a weightage of one percent shall be added to the percentage of marks secured in the qualifying examination in respect of the candidates belonging to displaced families. Explanation 1.- For the purpose of the weightage under Clause (a), service rendered for fraction of a year shall also be reckoned as service rendered for a whole year. Explanation 2.- Displaced family in relation to a person means the individual, the husband or wife as the case may be, or such individual and their son and un-married daughter residing with them and dependent on them for livelihood and such person being a tenure holder, tenant, Government lessee or owner of property has been displaced from this land or other property on account of acquisition of such land including a plot in the Gramathana or other property in the affected zone for the purpose of the Irrigation project. The 'Authority' for issuing the certificate relating to a displaced family shall be the Deputy Commissioner. (3) The select list shall be published on the notice board of the office of the Selection Authority and in the official Gazette and a copy there of shall be sent to the Appointing Authority.

(1) The candidates whose names are included in the selection list made available by the selection Authority shall be appointed by the appointing Authority in the order in which their names appear in the final select list. Before such appointment, the Appointing Authority shall satisfy itself regarding the suitability of candidate for appointment with reference to their antecedents character and physical fitness in accordance with the provisions of the Karnataka Civil Services (General Recruitment) Rules, 1977. (2) Inclusion of name of a candidate in the select list shall not confer any right on the candidate for appointment. (3) The entire process of selection of eligible candidates and notifying such names shall as far as may be completed within one year from the date of commencement of this Act.

The list of candidates selected by the Selection Authority and assigned to the Appointing Authority shall be valid till all the candidates included in the list are appointed.

The candidates selected under this Act and appointed shall be liable to serve in any part of the State.

(1) The Adhoc or Contract Assistant Engineers or Junior Engineers shall be continued to work in the post with the same terms and conditions in which they are holding on the tenth day of December, 2013 as if they have been recruited regularly, subject to application of all other rules relating to conditions of service, till the recruitment process under this Act is completed. (2) The service rendered by adhoc or contract Assistant Engineers or Junior Engineers before the commencement of the Karnataka Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and on adhoc basis in Water resources Services) (Special) Rules, 2002 shall not count for the purpose of leave, pay, pension or seniority: Provided that the service rendered by adhoc or contract Assistant Engineers or Junior Engineers in the Public Works (Irrigation Service) after the commencement of the Karnataka State Civil Services (Absorption of Assistant Engineers and Junior Engineers appointed on contract basis and adhoc basis in the Water Resource Service) (Special) Rules 2002 and before the commencement of this Act shall count for the purpose of leave, pay, pension or seniority: Provided further that fixation and protection of pay shall be notional and they shall not be eligible for any arrears of salary.

The provisions of the Karnataka Civil Services Rules, the Karnataka Civil Services (General Recruitment) Rules, 1977, the Karnataka Civil Services (Conduct) Rules, 1966 and all other rules made or deemed to have been made under the Karnataka State Civil Services Act, 1978, in so far as they are not inconsistent with the provisions of this Act shall be applicable to the persons selected and appointed under this Act.

If any difficulty arises in giving effect to the provisions of this Act, the Government may, by general or special order, make such provisions as it appears to be necessary or expedient to remove the difficulty.