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KARNATAKA LEGISLATIVE ASSEMBLY

FIFTEENTH LEGISLATIVE ASSEMBLY

TENTH SESSION

THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF

TEACHERS) (AMENDMENT) BILL, 2021

(LA Bill No. 34 of 2021)

A Bill to amend the Karnataka State Civil Services (Regulation of Transfer of

Teachers) Act, 2020.

Whereas it is expedient to amend the Karnataka State Civil Services

(Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020) for the

purposes hereinafter appearing;

Be it enacted by the Karnataka State Legislature in the Seventy second year

of the Republic of India, as follows:-

1. Short title and commencement.- (1) This Act may be called the Karnataka

State Civil Services (Regulation of Transfer of Teachers) (Amendment) Act, 2021.

(2) It shall be deemed to have come into force with effect from 29^th day of

April 2021.

2. Amendment of section 10.- In the Karnataka State Civil Services

(Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020), in

section 10, after sub-section (5), the following shall be inserted, namely:-

“(6) In case of a teacher who was transferred on compulsory transfer, zonal

transfer or under rationalisation outside the taluk in case of a primary school

teacher or district in case of a high school teacher during the year 2019-20 shall

also be provided an opportunity to opt a place of transfer within the taluk or district

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Part – IVA

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, 2021 (

, 25,

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BENGALURU, THURSDAY, 16, SEPTEMBER, 2021 (BHADRAPADA , 25, SHAKAVARSHA, 1943)

. 778

No. 778

where they were working during the year 2019-20 as a onetime measure ahead of

other types of transfers subject to the availability of vacancies so as to give the

benefit of posting within the concerned taluk or district in the transfer done

immediately after the date of commencement of the Karnataka State Civil Services

(Regulation of Transfer of Teachers) (Amendment) Act, 2021 in the manner as may

be prescribed."

3. Repeal and savings.- (1) The Karnataka State Civil Services (Regulation

of transfer of Teachers) (Amendment) Ordinance, 2021 (Karnataka Ordinance 04

of 2021) is hereby repealed.

(2) Notwithstanding such repeal, anything done or any action taken under

the principal Act, as amended by the said Ordinance, shall be deemed to have been

done or taken under the principal Act, as amended by this Act.

STATEMENT OF OBJECTS AND REASONS

The transfer pertaining to 2017, 2018 were held during the year 2019-20 in

accordance with the Karnataka State Civil Services (Regulation of Transfer of

Teachers) Rules, 2017. Under the said rules no exemption were provided to the

teachers who have transferred in the year 2019-20 for conducting rationalisation

(excess)/ compulsory transfer of teachers with specially abled child, women

teachers who have completed fifty years of age, men teachers who have completed

fifty five years of age, divorcee teacher having dependent child, pregnant teacher

with dependent child or widower with dependent child. Hence it is considered

necessary to give an opportunity to opt the place of transfer to those teachers who

were working outside the taluk and in the high school cadre many of them have

been deployed outside the district.

Therefore, it is considered necessary to amend the Karnataka State civil

Services (Regulation of Transfer of Teachers) Act, 2020 (Karnataka Act 04 of 2020)

to provide a teacher an opportunity to opt their place of transfer within the taluk

or district where they were working during the year 2019-20 so as to give the benefit

of posting within the taluk or district who was transferred on compulsory transfer,

zonal transfer or transfer after under rationalization outside the concerned taluk

or district as a onetime measure.

As the matter was urgent and both Houses of the State Legislature were not

in session, the Karnataka State Civil Services (Regulation of transfer of Teachers)

(Amendment) Ordinance, 2021 (Karnataka Ordinance 04 of 2021) was promulgated

to achieve the above object.

This Bill seeks to replace the said Ordinance.

Hence, the Bill.

EXPLANATORY STATEMENT AS REQUIRED BY SUB-RULE (1) OF RULE 80 OF

THE RULES OF PROCEDURE AND CONDUCT OF BUSINESS IN THE

KARNATAKA LEGISLATIVE ASSEMBLY.

The transfer pertaining to 2017, 2018 were held during the year 2019-20

in accordance with the Karnataka State Civil Services (Regulation of Transfer of