The Karnataka State Civil Services Act, 1978

THE KARNATAKA STATE CIVIL SERVICES ACT, 1978

(1) This Act may be called The Karnataka State Civil Services Act, 1978.

(2) It shall come into force on such date as the State Government may, by notification, appoint.

In this Act, unless the context otherwise requires,-

(1) "Board" means the Board consisting of the Chairman of Legislative Council and the Speaker, Legislative Assembly;

(1a) "High Court" means the High Court of Karnataka ;

(2) "Legislature" means the Karnataka State Legislature ;

(3) "Public Service" means a civil service of the State and includes a civil post under the State, the Secretarial staff of the Houses of the Legislature and the officers or servants of the High Court ;

(4) "rules" means the rules made or deemed to have been made under this Act ;

(4a) 'Special Board' means the Board consisting of Chief Minister, the Chairman of Legislative Council, the Speaker of Legislative Assembly, the Minister-in-charge of Parliamentary Affairs and the Minister-in-charge of Finance.

(5) "State" means the State of Karnataka.

(1) Subject to the provisions of this Act, the State Government, may, by notification, make rules,-

(a) specifying the different categories of posts in the different branches of public services of the State, the total number and nature of posts in each such category and the scale of pay admissible to each such category;

(b) for regulation of the recruitment and conditions of service of persons appointed to public services;

Provided that in respect of the officers and servants of the High Court the powers of the State Government under this sub-section, shall be exercised by the Chief Justice of the High Court:

Provided further that in respect of the Secretariat Staff of the Houses of the Legislature, the powers of the State Government under this sub-section, shall be exercised by the Special Board

(2) The power to make rules conferred by sub-section (1) shall be subject to the following conditions, namely:-

(a) the rules shall be made after previous publication for a period not less than fifteen days;

(b) where the proposed rules relate to the methods of recruitment to civil services or civil posts in respect of which the Karnataka Public Service Commission has to be consulted under clause (3) of Article 320 of the Constitution of India and in the case of officers and servants of the High Court under the proviso to clause (I) of Article 229 of the Constitution of India, a copy of the draft rules as published under clause (a) shall be forwarded to the Secretary of the Karnataka Public Service Commission for communicating the views of the Commission on the proposed rules within the period specified under the said clause;

(c) the State Government or the Chief Justice of the High Court or the Special Board shall consider the views of the Karnataka Public Service Commission and any objection or suggestion from any person likely to be affected by the said rules received before the expiry of the period specified under clause (a) and make the rules with such modifications as it or he may deem fit;

Provided that nothing in this sub-section shall apply to rules regulating the pay and other emoluments of persons appointed to public services.

Provided further that nothing in clause (a) shall apply to rules specifying the number and nature of the posts.

(3) All rules relating to matters referred to in sub-section (1) and in force on the date of commencement of this Act,-

(i) made by the Governor under clause (3) of article 187 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to the Secretarial staff of the Houses of Legislature;

(ii) made by the Chief Justice of the High Court of Karnataka or some other Judge or officer of the High Court of Karnataka authorised by the Chief Justice under clause (2) of article 229 of the Constitution of India regulating the conditions of service of the officers and servants of the High Court of Karnataka; and

(iii) made by the Governor under the proviso to article 309 of the Constitution of India, regulating the recruitment and conditions of service of persons appointed to the civil services and posts in connection with the affairs of the State ; and

(iv) made by the Government under any law for the time being in force,

shall be deemed to be rules made under sub-section (1) and shall continue in force until they are modified or replaced by rules made under this Act. Provided that nothing in this sub-section shall apply to rules regulating the pay and other emoluments of persons appointed to public services. Provided further that nothing in clause (a) shall apply to rules specifying the number and nature of the posts. (3) All rules relating to matters referred to in sub-section (1) and in force on the date of commencement of this Act,- (i) made by the Governor under clause (3) of article 187 of the Constitution of India regulating the recruitment and conditions of service of persons appointed to the Secretarial staff of the Houses of Legislature; (ii) made by the Chief Justice of the High Court of Karnataka or some other Judge or officer of the High Court of Karnataka authorised by the Chief Justice under clause (2) of article 229 of the Constitution of India regulating the conditions of service of the officers and servants of the High Court of Karnataka; and (iii) made by the Governor under the proviso to article 309 of the Constitution of India, regulating the recruitment and conditions of service of persons appointed to the civil services and posts in connection with the affairs of the State ; and (iv) made by the Government under any law for the time being in force, shall be deemed to be rules made under sub-section (1) and shall continue in force until they are modified or replaced by rules made under this Act.

In all cases of recruitment to public services there shall be reservation of appointment or posts in favour of members belonging to Scheduled Castes, Scheduled Tribes and other Backward classes of citizens to such extent and in such manner as may be determined from time to time by the State Government.

(1) The State Government may, by notification, invest any authority or officer authorised by any law or the rules made or deemed to have been made under this Act to make an inquiry into the conduct of any member of public service with the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely :-

(a) summoning and enforcing the attendance of any person and examining him on oath;

(b) requiring the discovery and production of any document ;

(c) receiving evidence on affidavits ;

(d) requisitioning any public record or copy thereof from any court or office;

(e) issuing commissions for the examination of witnesses or documents;

(f) any other matter which may be specified in such notification :

This Act and any rule made or deemed to have been made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law with respect to matters for which provision is made in this Act or for which rules can be made under this Act: Provided that nothing in this Act shall affect or be deemed to affect the provisions of the Acts specified in the Schedule appended to this Act.

(1) xxx (2) In the Karnataka Police Act, 1963, (Karnataka Act 4 of 1964),- (a) in section 5,- (i) the words and figures '' the provisions made under article 309 of the Constitution and'' shall be omitted ; (ii) clause (b) and the proviso shall be omitted ; (b) sections 23, 24 and 25 shall be omitted : Provided that the rules made under t hat Act relating to recruitment and conditions of service of the members of the Police force shall continue in force and the provisions of sections 23, 24 and 25 shall also continue in force as part of the disciplinary rules as if they were rules made under this Act. (3) In the Karnataka Municipalities Act, 1964, (Karnataka Act 22 of 1964) in sub-section (2) of section 365 for the words ''under Article 309 of the Constitution'' the words and figures ''under the Karnataka State Civil Services Act, 1978'' shall be substituted. (4) In the Karnataka Agricultural Produce Marketing (Regulation) Act, 1966 (Karnataka Act 27 of 1966), in sub-section (2) of section 59 for the words ''under Article 309 of the Constitution'' the words and figures ''under the Karnataka State Civil Services Act, 1978'' shall be substituted. (5) In the Karnataka Municipal Corporations Act, 1976 (Karnataka Act 14 of 1977) in sub-section (2) of section 83, for the words and figures ''under the rules framed under the proviso to Article 309 of the Constitution of India'' the words ''to them'' shall be substituted.

(1) The State Government may, by notification 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 subsection (3), every rule made under this Act shall have effect as if it is enacted in this Act. (3) 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 in which it is so laid or the sessions immediately following, 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 modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

(1) The Public Servant (Enquiries) Act, 1850 (Central Act, 37 of 1850) in its application to the State of Karnataka and the Hyderabad Public Servants (Tribunal of Enquiries) Act, 1950 (Hyderabad Act, XXIII of 1950) as in force in the Gulbarga Area are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the repealed Acts shall be deemed to have been done or taken under this Act

37 of 1991 w.e.f10.12.1991 NOTIFICATION Bangalore dated 4th March 1992 [ No. DPAR 3 SDE 92] S.O.463.- In exercise of the powers conferred by sub-section (2) of Section I of the Karnataka State Civil Services Act, 1978 (Karnataka Act No. 14 of 1990) the Government of Karnataka hereby appoint the Second day of April 1992 as the date on which the provisions of the Karnataka Civil Services Act, 1978 shall come into force. By order and in the name of the Governor of Karnataka Motiram Pawar, Under Secretary to Government Dept. of personnel and Administrative Reforms 2 (Service Rules) (Published in the Karnataka Gazette Part IV-2C(ii) dated 26.3.1992 at page 376.) • * * *