The Karnataka State Civil Services (Prohibiton of Absorption of the Services of the Employees of Establishments in Public Sector in to Public Service) Act, 2020

KARNATAKA ACT NO. 35 OF 2020 THE KARNATAKA STATE CIVIL SERVICES (PROHIBITON OF ABSORPTION OF THE SERVICES OF THE EMPLOYEES OF ESTABLISHMENTS IN PUBLIC SECTOR IN TO PUBLIC SERVICE) ACT, 2020

(1) This Act may be called the Karnataka State Civil Services (prohibition of Absorption of the Services of the Employees of the Establishments in public Sector in to public service) Act, 2020.

1. (2) It shall come in to force on such 1[date] as the State Government may, by notification in the official Gazette, appoint. 1. This Act came into force w.e.f. 15.03.2021, by notification No. DPAR 34 SRD 2021, dated 17.03.2021.

1. (a) “ Establishment in public Sector” means,-
   • (i) a Co-operative Society registered under the Karnataka Co-operative Societies Act 1959 or a society registered under any law relating to the registration of societies for the time being in force, and receiving funds from the State Government either fully or partly for its maintenance, whether registered or not but receiving aid from the Government;
   • (ii) a Government company within the meaning of the companies Act, ( Act No. 18 of 2013);
   • (iii) a Local authority means Local Self Government established by Government as per Law;
   • (iv) a Statutory or a non-Statutory body of corporation established by or under a State or Central Act owned or controlled by the State Government;
   • (v) a Government University established or deemed to have been

(1) In this Act, unless the context otherwise requires,- established by or under any law of the State Legislature; and

1. (vi) any other organization or entity as may be specified by the Government by Notification.

1. (b) “Government” means the Government of Karnataka;
2. (c) “public Service” means a public Service of the State as defined in

clause (3) of section 2 of the Karnataka State Civil Services Act, 1978 (Karnataka

Act 14 of 1990).

1. (2) Other words and expressions used but not defined shall have the same meaning assigned to them in the Karnataka State Civil Services Act, 1978 (Karnataka Act of 1990) or rules made or deemed to have been made thereunder.

Notwithstanding anything contained in any law, contract or agreement or any judgment, decree or order of any court, tribunal or any other authority or any order or proceedings of the Government, or any officer of the Government, no employee of an establishment in public sector shall be entitled to absorption into public service form the date of commencement of this Act on any ground whatsoever including that such an establishment in public sector is closed or is likely to be closed or the employee has worked or has been working in any department of the Government on deputation or on contract, or on office duty and accordingly:-

1. (i) no suit, or other proceeding shall be instituted, maintained or continued in any court, tribunal or any other authority against the Government or any person or other authority whatsoever for such absorption into public service ; and
2. (ii) no court shall enforce any decree or order directing such absorption into public service.

1. (2) Subject to the provisions of this Act, no employee of an establishment in public sector shall be disentitled to the benefits of the any scheme of rehabilitation available under the relevant law.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

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 it appears to be necessary or expedient for removing difficulty: Provided that, no such order shall be made after the expiry of a period of three years from the date of commencement of this Act. The above translation of ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ಸಾ಴ಾಜ್ನಿಕ ಴ಲಯದ ಸಂಸ್ಥೆ ಗಳ ನೌಕರರ ಸೇವೆಗಳನ್ನು ಸಾ಴ಾಜ್ನಿಕ ಸೇವೆಗೆ ವಿಲೀನಗೊಳಿಸುವುದಕ್ಕೆ ನಿಷೇಧ) , 2020 (2020gÀ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ: 35) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India. VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, (K. DWARAKANATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation GOVERNMENT OF KARNTAKA No. DPAR 34 SRD 2021 Karnataka Government Secretariat, Vidhana Soudha, Bengaluru, date: 17.03.2021. NOTIFICATION In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka State Civil Services (Prohibition of Absorption of the Services of the Employees of Establishments in Public Sector into Public Service) Act, 2020 (Karnataka Act No. 35 of 2020) the Government of Karnataka hereby appoints the th day of March 2021, as the date on which all the provisions of the said Act, shall come into force. By Order and in the name of the Governor of Karnataka (CHANDRAHAS G TALUKAR) Deputy Secretary to Government Department of Personnel and Administrative Reforms (Service Rules-2)

Gazette make such provisions not inconsistent with the provisions of this Act as it appears to be necessary or expedient for removing difficulty: Provided that, no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.

The above translation of ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ಸಾ಴ಾಜ್ನಿಕ ಴ಲಯದ

ಸಂಸ್ಥೆ ಗಳ ನೌಕರರ ಸೇವೆಗಳನ್ನು ಸಾ಴ಾಜ್ನಿಕ ಸೇವೆಗೆ ವಿಲೀನಗೊಳಿಸುವುದಕ್ಕೆ ನಿಷೇಧ) , 2020 (2020gÀ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ: 35) be published in the official Gazette under clause (3) of Article 348 of the Constitution of India.

VAJUBHAI VALA GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka,

(K. DWARAKANATH BABU) Secretary to Government Department of Parliamentary Affairs and Legislation

GOVERNMENT OF KARNTAKA

No. DPAR 34 SRD 2021 Karnataka Government Secretariat,

Vidhana Soudha, Bengaluru, date: 17.03.2021.

NOTIFICATION

In exercise of the powers conferred by sub-section (2) of section 1 of the Karnataka State Civil Services (Prohibition of Absorption of the Services of the Employees of Establishments in Public Sector into Public Service) Act, 2020 (Karnataka Act No. 35 of 2020) the Government of Karnataka hereby appoints the th day of March 2021, as the date on which all the provisions of the said Act, shall come into force.

By Order and in the name of the Governor of Karnataka

(CHANDRAHAS G TALUKAR) Deputy Secretary to Government Department of Personnel and Administrative Reforms (Service Rules-2)