Regulation of recruitment and the conditions of service

(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.