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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.

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Bengaluru,TUESDAY,08,SEPTEMBER,2020(BHADRAPADA,17,ShakaVarsha,1942)

. 391

No. 391

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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;

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(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.

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(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)

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SUNIL GARDE

Digitally signed by SUNIL GARDE

Date: 2020.09.08 15:11:03 +05'30'