The Karnataka Service Examinations Act, 1976

THE KARNATAKA SERVICE EXAMINATIONS ACT, 1976

(1) This Act may be called the Karnataka Service Examinations Act, 1976.

1[(2) This section and all the other sections except section 8 shall be deemed to have

¹ Substituted by Act 25 of 1982 w.e.f. 21.5.1976.

come in to force on the First day of November, 1956. Section 8 shall be deemed to have come into force on the eleventh day of April, 1974.]

1. (a) ‘service examinations’ shall have the same meaning as the “prescribed examinations” in the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974 issued under the proviso to Article 309 of the Constitution;
2. (b) ‘Government Servant’ means a person serving in connection with the affairs of the State of Karnataka and includes a person allotted or deemed to be allotted to the New State of Mysore in pursuance of Section 115 of the States Reorganisation Act, 1956 (Central Act 37 of 1956).

January 1974.- (1) For the period commencing on I st November 1956 and ending on 9th January 1974, for the purpose of eligibility to promotion, no service examination shall be and shall ever be deemed to have been prescribed for Government servants.

1. (2) A Government servant who, during the aforesaid period, was not promoted solely on the ground of not passing any service examination shall, if he has not already been promoted and if he is otherwise eligible, be promoted.
2. (3) Every promotion under sub-section (2) shall, notwithstanding anything in any judgement, decree or order of any court, be prospective only on and from a date after 10th January 1974:

Provided that,-

1. (1) the person promoted shall be entitled to initial pay on the date of actual promotion as if he was holding the promoted post from the date he would have been promoted but for not passing the service examination (hereinafter referred to as the eligibility date) but such person shall not be entitled to payment of any arrears for the period prior to the date of actual promotion;
2. (2) if the person to be promoted has retired from service prior to 10th January 1974, he shall, if otherwise eligible, be deemed to have been promoted from the eligibility date and his pension and Death-cum-Retirement Gratuity shall be revised on the basis of the pay he would have drawn had he been so promoted from that date.

10th January 1974,-

1. (a) service examinations shall be the same as the prescribed examinations provided in the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974; and
2. (b) every Government servant including a Government servant promoted under sub- section (2) of section 3 shall be required to pass the service examinations as provided and for the purposes specified therein. Failure to pass shall entail the consequences specified in the said rules.

(1) To facilitate promotions under section 3, a review of promotions made between 1st November 1956 and 9th January 1974 shall be made and the persons promoted shall, if juniors to the person to be promoted, yield place and wherever necessary be reverted to the lower post.

1. (2) In the seniority list of persons in the class or grade of service to which a Government servant is promoted under section 3, the rank of the promoted person shall be fixed as if he had been promoted to that class or grade of service on the eligibility date.

In respect of matters not expressly provided in this Act, the provisions of the Karnataka State Civil Services (Regulation of Promotion,

Power to make rules.- (1) The State Government may make rules for carrying out the purposes of this Act.

1. (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, from the date on which the modification or annulment is notified by the Government in the official Gazette, 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 such rule.

(Regulation of Promotion, pay and Pension) Act, 1973 (Karnataka Act 11 of 1974)-

1. (1) for the word ‘Mysore’ wherever it occurs (including in the title, preamble, short title), the word ‘Karnataka’ shall be substituted;
2. (2) for clause (a) of sub-section (1) of section 3, the following clause shall be substituted, namely:-

"(a) be entitled to promotion to any post or office with effect from a retrospective date, except and to the extent specified in the rules made under this Act”.

1. (3) after section 9, the following section shall be inserted, namely:- “9A. Rules.- (1) The State Government may make rules to carry out the purposes of this Act.
2. (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, from the date on which

the modification or annulment is notified by the Government in the official Gazette, 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 such rule”.

• • * * * The Karnataka Service Examinations Act, 1976(40 0f 1976) has been amended by the following Acts namely: Amendments (Chronological) Sl. No.

Acts No. and year Sections Amended Remarks 1 40 of 1976 - The Act (except section 8) came into force w.e.f 1.11.1956 and section 8 came into force from 11.4.1974 2 25 of 1982 1(2) w.e.f 1.11.1956 Amendments Section-wise Sections Act No. and year Remarks 1(2) 25 of 1982 w.e.f. 1.11.1956