The Karnataka Regulation of Pay and Pension of Teacher in Higher Educational Institutions Act, 2020

KARNATAKA ACT NO. 06 OF 2020

THE KARNATAKA REGULATION OF PAY AND PENSION OF TEACHER IN HIGHER EDUCATIONAL INSTITUTIONS ACT, 2020

(1) This Act may be called the Karnataka Regulation of Pay and Pension of Teachers in Higher Educational Institutions Act, 2020. (2) Section 2,3,4,5,6 and 12 shall be deemed to have come into force with effect from 1st January 1986 and remaining provisions shall come into force with effect from 17th January, 2020.

(1) In this Act unless the context otherwise requires;- (i) “AICTE” means the All India Council for Technical Education constituted under All India Council for Technical Education Act, 1987 (Central Act 52 of 1987); (ii) “College” means any college or an institution maintained or approved by or affiliated to any University or constituent college of the University and providing courses of study for admission to the examination of the University and includes Autonomous College either under the control of State or funded either substantially or partially by the State Government and includes Government/Aided Colleges and Polytechnic Institutions; (iii) “Competent Authority” means the State Government or any other authority competent to make orders as to regulation of pay and pension of the teachers in Government Colleges, Universities or aided institutions; (iv) “Government” means the Government of Karnataka; (v) “Higher Educational Institutions” means an Academic Institution of Higher Education and Research Associated with and admitted to privileges of a University or maintained by a University; whether professional, technical or otherwise and includes research studies or an institution or a college affiliated to the University, aided institutions and State funded institutions; (vi) “ICAR” means Indian Council of Agricultural Research; (vii) “Pay” means the basic pay attached to the post and carries the same meaning assigned in clause (32) ofrule 8 of the Karnataka Civil Services Rules but does not include Non-Pension Allowance(NPA) and other special allowance granted under relevant provisions of UGC/ICAR/AICTE or modified AICTE as the case may be; (viii) “Pension” means the pension as defined in clause (33) of rule 8 of the Karnataka Civil Services Rules or respective rules or orders governing grant of pension issued by the Competent Authority; (ix) “Prescribed” means prescribed by rules made by the Government; (x) “Principal” means the head of a college or institution by whatever name he is called; (xi) “Teacher” means a person appointed to any of the category of teaching posts such as Professor, Associate Professor, Assistant Professor, Lecturer, Librarians, Reader or Physical Education Personnel by whatever name called and includes all personnel including Principal or Head of the Institution holding post carrying pay scale of UGC/ICAR/AICTE or modified AICTE respectively in Higher educational Institutions. (xii) “UGC” means University Grants Commission established under University Grants Commission Act, 1956 (Central Act 03 of 1956); and (xiii) “University” means an University established by law of the State Legislature. (2) Words and expressions used in this Act but not defined hereinabove shall have the same meanings as respectively assigned to them under the Karnataka Civil Services Rules and applicable Pension rules or Orders.

(1) Subject to such rules as may be prescribed a teacher is entitled to draw the pay and allowances attached to a post to which he is regularly appointed. (2) The pay of a teacher shall be so regulated as per the Service rules or Orders of the Competent Authority regulating the pay and allowances as the case may be, but not under the provisions of regulations issued by the Government of India or any other Central Government Institution established by an Act of Parliament of India: Provided that, the pay and allowances of any retired teacher, if he is reappointed or appointed on consolidated pay or contractual agreement etc., shall be determined in accordance with the provisions of the applicable Service Rules or Orders of the State Government and Statutes or rules made by the respective Universities/Higher Educational Institutions governing contractual appointment or under any agreement entered either by the State Government or Higher Educational Institutions as the case may be.

(1) Subject to such rules as may be prescribed the pension and pensionary benefits of a teacher shall be determined with reference to the last pay drawn immediately prior to the date of retirement or superannuation or death, as the case may be, subject to maximum limit, if any, in accordance with the provisions of the Karnataka Civil Services Rules or Triple Benefit Scheme Rules read with the applicable Pension Rules and Orders as the case may be, if any, issued by the Competent Authority from time to time. (2) The pension and pensionary benefits once determined shall not be subject to revision unless the pay of the retired teacher is revised retrospectively either by a rule or order of the Competent Authority extending the benefit of revised pay scales retrospectively subject to the conditions imposed in the said Order or rules: Provided that, a retired teacher is entitled, to get revision of pension or pensionary benefits as per section 5.

(1) A teacher shall be entitled for revision of pension corresponding to which has been already settled, as and when State Government revises pension as per recommendation of the Pay Commission or Committee from time to time and same is adopted by the Higher Educational institutions. (2) On revision of pay scale, a retired teacher whose pension is settled as per sub-section (1) of section 4 shall not be entitled for revision of his last pay drawn, in new revised pay scale, which is extended only to a teacher retired after implementation of revised scales of pay.

Notwithstanding anything contained in any judgment, decree or order of any Court, Tribunal or Authority or any Law for the time being inforce,- (a) any rule, order or notification made or issued by the Competent Authority regulating pay, pension and pensionary benefits of a teacher regarding UGC/ICAR/AICTE or modified AICTE scale of pay before the commencement of this Act to the extent they are not contrary to the provisions of this Act; or any action done or taken by the Competent Authority in accordance with the provisions of said rules, order or notification shall be deemed to have been validly done or taken under the provisions of this Act; and (b) any relief regarding pension or pensionary benefits granted to any person by any court contrary to the provisions of this Act shall stand extinguished and any claim of a teacher for revision of pension, which has already been settled by reckoning last pay drawn in pay scale prevailing at time of superannuation or death for extending new revised pay scale shall stand extinguished and accordingly,- (i) no suit or other proceedings shall be maintained or continued in any court against the Government by any teacher claiming revision of pension on basis of new revision in pay scales; and (ii) no Court shall enforce any decree or order directing revision of pay scales of a teacher and revision in pension retrospectively.

The State Government may review the fixation of pay and pension contrary to the provisions of the Service Rules applicable to the teacher including cases of mistake of fact or law or ignorance of law, either on its own or by an application and may direct the competent authority to re-fix the pay or pension or both in accordance with law. However, no arrears shall be recovered if the fixation of pension relates back to five years or more or if the State Government is satisfied that recovery causes undue hardship to the pensioner.

The State Government, may by notification, delegate all or any of the powers conferred on it by or under this Act, to such officer or authority subordinate to it except the power to make rules under section 13.

The Government, subject to the provisions of this Act read with the applicable provisions of the Service Rules governing regulation of pay and pension may issue directions from time to time after ascertaining the legality of fixation of pay and pension as it deems necessary.

No suit, prosecution or other legal proceeding shall lie against any officer of the Government for anything done in good faith or intended to be done under this Act.

(1) If any difficulty arises, in giving effect to the provisions of this Act, the Government may, by order published in the official Gazette, make such provisions not inconsistent with the provisions of this Act, as may appear to be necessary or expedient for removing the difficulty: 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. (2) Every order made under this section shall, as soon as may be after it is made, be laid before both houses of the State Legislature.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or decree or order of a Court or other authority.

(1) The Government may make rules, after previous publication by notification, to carry out the purposes of this Act. (2) 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 immediately following the session or the successive sessions aforesaid, 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 such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Any rule, order or notification issued by the Competent Authority governing pay, allowances and pension of a teacher before commencement of this Act, shall be deemed to have been issued under this Act to the extent they are not repugnant to the provisions of this Act and they shall continue until they are modified or rescinded by rules made under provisions of this Act.

(1) The Karnataka Regulation of Pay and Pension of Teachers in Higher Educational Institutions Ordinance, 2020 (Karnataka Ordinance No.1 of 2020) is hereby repealed. (2) Notwithstanding such repeal anything done or any action taken under said Ordinance shall be deemed to have been done or taken under this Act.