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GOVERNMENT OF KARNATAKA

No. FD 10 PES 2024 Karnataka Government Secretariat

Vidhanasoudha,

Bengaluru, Dated:23 January 2025

NOTIFICATION

The draft of the Karnataka Civil Services (Excise Department Officers And Officials

Transfer) Rules 2025, 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 read with Section 8 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 in to 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 in respect to the said draft before the expiry of the period specified above will be

considered by the State Government. The objections or suggestions may be addressed to the

Additional Chief Secretary to Government, Finance Department, Vidhanasoudha, Bengaluru

- 560001.

DRAFT RULES

1. Title and commencement: - (1) These rules may be called the Karnataka Civil Services

(Excise Department Officers And Officials Transfer) Rules, 2025.

(2)They shall come into force from the date of their final publication in the official Gazette.

2. Definitions: - (1) In these rules, unless the context otherwise requires: -

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Part – IVA

23

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BENGALURU, THURSDAY, 23, JANUARY, 2025 MAGHA, 03, SHAKAVARSHA, 1946)

. 49

No. 49

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(a) “Act” means the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of

1990);

(b) “Executive post” means the post of Additional Commissioner of Excise Joint

Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of Excise

of Group-A cadre, post of Deputy Superintendent of Excise of Group-B cadre, post of

Inspector of Excise, Sub-Inspector of Excise, Excise Head Constable and Excise

Constable of Group-C cadre, posts functioning in Additional Commissioner of Excise

office Head Quarter Belagavi, Divisional Excise office, District Excise office, Sub

Division Excise office, Range Excise office and Excise Check posts;

(c) “Non-Executive post” means the post of Additional Commissioner of Excise, Joint

Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of Excise

of Group-A cadre, post of Deputy Superintendent of Excise of Group-B cadre, post of

Inspector of Excise, Sub-Inspector of Excise, Excise Head Constable and Excise

Constable of Group-C cadre, posts functioning in the Head Office of Excise

Department, Distilleries, Breweries, Winery Units, Excise Adhesive Label Division,

Karnataka State Beverages Corporation Ltd Depots and Head Office.

(d) “District” means revenue district;

(e) “Minimum period of service” means officers and officials of different cadres of

Excise Department must have completed the following minimum years of tenure

in deployed posts for the purpose of transfer, namely,

Sl

No.

Cadre

Executive

posts

1.

Group-A

2 years

2.

Group-A

2 years

3.

Group-B

2 years

4.

Group-C

3 years

5.

Group-C

(Excise Constable and Head

Constable–

Related

unitwise

Seniority

5 years

(f) “Section” means sections of the Act.

(g) “Officers/Officials” means officers and officials serving in Group-A, Group-B and

Group-C cadres of the State Excise Department;

(h) “Transfer” means posting of officers and officials from one place of working or post

to another place of working or post of equivalent cadre which excludes changing from

one post to another post in the same office.

3

(i) “Competent Authority” means the competent authority for transfer of officers or

officials specified in rule 3.

(2) The word and expressions used, but not defined in these rules shall have the same

meaning assigned to them in the Act.

3. Competent Authority: - The authority specified in column (3) as the competent authority

for the transfer of officers and officials specified in column (2) of the table below.

Sl.

No.

Cadre

Competent Authority

(1)

(2)

(3)

1

Additional Commissioner of Excise

Government

2

Joint Commissioner of Excise

3

Deputy Commissioner of Excise

4

Superintendent of Excise

5

Deputy Superintendent of Excise

Excise Commissioner

6

Inspector of Excise

7

Sub-Inspector of Excise

8

Excise Head Constable

9

Excise Constable

4. Method of Transfer: The transfer of the officer and officials specified at serial numbers

6,7,8 and 9 in the table of the rule 3 shall be only through counselling through digital mode.

5. Priority for transfers: - (1) The transfer shall not be claimed as a matter of

right by any officer or official.

(2) An officer or official normally shall not be transferred from an executive post

or non-executive post and vice versa unless he/she has completed the minimum

years of service in that post.

Provided that, the Competent Authority may order for premature transfer, in public and

administrative interest, by mentioning the reasons namely: -

(i) In case of an officer or official having Special Knowledge/Expertise to be

transferred to Central office; or

(ii) officers and officials having Criminal case or Lokayukta or Departmental enquiry

pending shall be transferred to non-executive post; or

(iii)officers and officials undergoing punishment shall be transferred to non-

executive posts.

4

(3)The transfer of officers or officials shall be done in the following order of

priority, namely:-

(i) Transfer of officers or officials who have completed the minimum period of

service while working in executive posts;

(ii) transfer of officers or officials who have completed the minimum period of service

while working in non-executive posts;

(iii)

transfer of officers or officials on grounds of serious illness on production

of certification from the medical board;

(iv) transfer in a husband and wife case, if both the officials are government

employees; and

(v) transfer for the reason of disability, the disability certification shall be under

the provision of the Rights of Persons with Disability Act, 2016(Central Act 49

of 2016):

Provided that, those who utilise the above mentioned (iii) (iv) and (v) options

shall be transferred to non-executive posts.

(4) The competent authority may undertake transfers of different cadres not exceeding 1% of

the sanctioned strength of particular cadre by recording reasons in writing for the reasons

other than those cases specified in sub-rules (1),(2) and (3):

Provided that, while transferring on discretionary grounds, it shall be ensured that the officers

or officials shall not have disciplinary cases pending or serving punishment period for

punishment under Karnataka Civil Services (Classification, Control and Appeal) Rules,1957.

6. Guidelines and Restrictions on Transfers:

(1) Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent of

Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub-Inspector of

Excise who have completed the minimum period of service in an executive post shall

not be transferred to an executive post in the same district during the next transfer.

(2) The Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent

of Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub-Inspector of

Excise shall not be transferred to an executive post in his/her own district, as recorded

in his/her service register.

(3) If a departmental enquiry or criminal case or Lokayukta case is pending against an

officer or official, such an officer or official shall be transferred to a non-executive

post.

5

(4) An officer or official on reinstatement from suspension shall be posted only to a non-

executive post.

(5) The Joint Commissioner of Excise, Deputy Commissioner of Excise, Superintendent

of Excise, Deputy Superintendent of Excise, Inspector of Excise and Sub-Inspector of

Excise, who have worked in an executive post in Bengaluru Urban/ Bengaluru Rural

Districts for the last five years shall be transferred to districts other than Bengaluru

urban and Bengaluru rural districts.

(6) An officer or official undergoing penalty under the Karnataka Civil Service (Conduct,

Classification and Appeal) Rules,1957,shall be transferred to a non-executive post

only.

(7) The Deputy Superintendent of Excise and Inspector of Excise who have completed

two continuous terms of office in an Executive post, shall be compulsorily transferred

to a non-executive post for the third term of office.

(8) During transfer of an Inspector of Excise to an Executive post, he/she shall not be

transferred each time to a Range office, if they have worked once in the Range office,

during the next transfer in order to facilitate working in all fields of the department,

they shall also be transferred to the sub division Excise office, district Excise office,

divisional Excise office and check posts etc.

(9) During transfer of officer or official having less than two years of service may be

transferred to non-executive posts of his home district on request.

(10) The transfer guidelines notified by the Department of Personnel Administrative

Reforms from time to time shall be applicable for the purpose of transfer of clerical

staff, drivers and Group-D cadre employees of the Excise department.

(11) No transfer shall be made to keep the officer or official in compulsory waiting period

for posting.

7. Misconduct:

(1) If any officer or official brings political influence seeking transfer to a particular post

or place, directly or indirectly, such an attempt shall be construed as grave misconduct,

and the officer or official shall be liable for disciplinary action under the provisions of

Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.

(2) If transferred officer or official do not report to transferred post even after utilising the

joining time shall be liable for disciplinary action under the Karnataka Civil Services

(Classification, Control and Appeal) Rules, 1957.

(3) If other than medical grounds, transferred officer or official applies for leave without

reporting to transferred post the leave shall not be granted.

6

8. Exemptions in relation to Physically Disabled officers and officials.

(1) Exemption

shall

be

given

to

disabled

officers

or

officials

from

periodical and repetitive Transfers.

(2) After

the

recruitment

and

promotion

of

disabled

officer

or

officials

shall be posted to nearby places.

(3) In case the officers or officials becomes handicapped or disabled while

in service shall be transferred to nearby places after the submission of

certificate issued by the competent medical board.

9. Kalyana Karnataka posts. - The officers and officials recruited against vacant posts of

the Kalyana Karnataka area offices in different cadres under the provisions of Article 371(j)

of the Constitution of India shall not be transferred to places other than Kalyana Karnataka

area except to the head office.

By order in the name of

Governor of Karnataka

(Bhimappa P Ajoor)

Under Secretary to Government

Finance Department (Excise)

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(i)

10

(ii)

(iii)

(i)

(ii)

(iii)

(iv)

(v)

iii

iv

v

Non-executive

(1)

11

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

12

(10)

(11)

(1)

(2)

(3)

–

(1)

(2)

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13

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Date: 2025.01.24 11:37:02 +05'30'