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, , 08, 2020 ( , 17, 1942)
¨sÁUÀ – 4 J Part –IV A Bengaluru,TUESDAY,08,SEPTEMBER,2020(BHADRAPADA,17,ShakaVarsha,1942)
. 391 No. 391
GOVERNMENT OF KARNATAKA
No. DPAR 19 SRR 2020 Karnataka Government Secretariat, Vidhana Soudha,
Bangalore, Dated:08.09.2020
NOTIFICATION
The draft of the following rules further to amend the Karnataka Civil Services (General Recruitment) Rules, 1977 which the Government of Karnataka proposes to make in exercise of the powers conferred by sub-section (1) of section 3, read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) is hereby published as required by clause (a) of sub-section (2) of section (3) of the said Act, for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will be taken into consideration after fifteen days from the date of its publication in the Official Gazette.
Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and suggestions may be addressed to the Secretary to Government, Department of Personnel and Administrative Reforms, Vidhana Soudha, Bangalore-560 001.
(1)2
DRAFT RULES
1. Title and Commencement.- (1) These rules may be called the Karnataka Civil Services (General Recruitment) (Amendment) Rules, 2020.
(2) They shall come into force from the date of their final publication in the Official Gazette.
2. Amendment of Rule 5 .- In the Karnataka Civil Services (General Recruitment) Rules, 1977, (hereinafter referred to as the said rules), in rule 5, for sub- rule (4), the following shall be substituted, namely:-
" (4) No Government servant or a person employed under any other State Government or Central Government or an Establishment in Public Sector shall be eligible for appointment to a post in any of the Civil Services of the State, unless he obtains or is deemed to have obtained a no-objection certificate in accordance with rule 11, soon after his selection is notified but before an order of appointment is issued to him and presents the same to the competent authority to appoint him to such a post".
Explanation: For the purpose of this sub-rule the term "Establishment in Public Sector" means,-
(a) a Co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) having more than fifty percent Government Share;
(b) an educational institution established or maintained or aided by the State Government;
(c) a Government Company within the meaning of the Companies Act, 2013 (Central Act 18 of 2013);
(d) a local authority;
3(e) a statutory body or corporation established by or under a State or Central Act owned or controlled by the State Government; and
(f) a State financed university established or deemed to have been established by or under any law".
3. Amendment of Rule 11.- For rule 11 of the said rules, the following shall be substituted, namely:-
"11. Procedure in respect of applications by Government servants.- (1) A Government servant applying for selection to any service or post shall submit his application directly to the selecting Authority. As soon as his selection is notified, he shall intimate the fact of his selection to the head of the department in which he is working and seek issue of no-objection certificate to accept appointment to the post for which he is selected.
(2) The head of the department shall, ordinarily issue no-objection certificate unless he, for reasons to be recorded in writing considers that the Government servant is undergoing disciplinary action or facing Departmental Enquiry or criminal proceedings and it shall not be issued in public interest or it is not consistent with any specific agreement entered into between the Government servant and the Government. The head of the department shall take a decision and communicate it to the Government servant and the selection authority and authority competent to appoint to post referred in sub-rule (1) as early as possible but within a period of thirty days from the date of application to the head of the department seeking no-objection certificate failing which it shall be deemed that the no-objection certificate has been issued:
Provided that, the provisions relating to deemed no objection certificate shall not be applicable to a case of Government servants who have executed specific agreement.
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 2974 (3) The initiative to seek no-objection certificate rests with the Government servant and he shall be liable to obtain and present the no-objection certificate to the authority competent to appoint him to the post to which he is selected, before the order of appointment is issued. In case no-objection certificate is deemed to have been issued under sub-rule (2), the head of the department shall be liable to intimate the same to the concerned authority.
(4) Applications by persons employed by any other State Government or Central Government or an establishment in public sector,
the procedure specified in sub-rule (1) to (3) shall apply mutatis mutandis in respect of applications by persons employed by any other State Government or Central Government or an establishment in public sector.
Explanation.- For the purpose of this sub-rule the term "Establishment in public Sector" shall have the meaning as assigned to it in the Explanation under sub-rule(4) of rule 5.
By Order and in the name of the Governor of Karnataka
(A.V. Shylaja) Under Secretary to Government-2, Department of Personnel & Administrative Reforms (Service Rules)
ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು-೫೯.