Karnataka Gazette, Part Part-4A, 19 January 2017

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ಬೆಂಗಳೂರು, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ (ಪುಷ್ಯ ೨೯, ಶಕ ವರ್ಷ ೧೯೩೮

ಬೆಂಗಳೂರು, ಗುರುವಾರ,

ursday, January 19, 2017 (Pushya 29, Shaka Varsha 1938

Bengaluru, Thu

ಸಂಪುಟ ೧೫೨

Volume 152

, ಶಕ ವರ್ಷ ೧೯೩೮)

, Shaka Varsha 1938)

ಸಂಚಿಕೆ ೩

Issue 3

ಭಾಗ ೪ಎ

ರಾಜ್ಯದ ವಿಧೇಯಕಗಳ ಮತ್ತು ಅವುಗಳ ಮೇಲೆ ಪರಿಶೀಲನಾ ಸಮಿತಿಯ ವರದಿಗಳು, ರಾಜ್ಯದ

ರಾಜ್ಯದ ವಿಧೇಯಕಗಳ ಮತ್ತು ಅವುಗಳ ಮೇಲೆ ಪರಿಶೀಲನಾ ಸಮಿತಿಯ ವರದಿಗಳು,

ರಾಜ್ಯದ ವಿಧೇಯಕಗಳ ಮತ್ತು ಅವುಗಳ ಮೇಲೆ ಪರಿಶೀಲನಾ ಸಮಿತಿಯ ವರದಿಗಳು,

ಧ್ಯಾದೇಶಗಳು, ಕೇಂದ್ರದ ಮತ್ತು ರಾಜ್ಯದ ಶಾಸನಗಳ ಮೇರೆಗೆ ರಾಜ್ಯ ಸರ್ಕಾರವು

ಮೇರೆಗೆ ರಾಜ್ಯ ಸರ್ಕಾರವು

ಅಧಿನಿಯಮಗಳು ಮತ್ತು ಆಧ್ಯಾದೇಶಗಳು, ಕೇಂದ್ರದ ಮತ್ತು ರಾಜ್ಯದ ಶಾಸನಗಳ

ರಾಜ್ಯಾಂಗದ ಮೇರೆಗೆ ರಾಜ್ಯಪಾಲರು ಮಾಡಿದ

ಹೊರಡಿಸಿದ ಸಾಮಾನ್ಯ ಶಾಸನಬದ್ಧ ನಿಯಮಗಳು ಮತ್ತು ರಾಜ್ಯಾಂಗದ ಮೇರೆಗೆ ರಾಜ್ಯಪಾಲರು ಮಾಡಿದ

ಹೊರಡಿಸಿದ ಸಾಮಾನ್ಯ ಶಾಸನಬದ್ಧ

ನಿಯಮಗಳು ಹಾಗೂ ಕರ್ನಾಟಕ ಉಚ್ಛ ನ್ಯಾಯಾಲಯವು ಮಾಡಿದ ನಿಯಮಗಳು

ನಿಯಮಗಳು ಹಾಗೂ ಕರ್ನಾಟಕ ಉಚ್ಛ ನ್ಯಾಯಾಲಯವು ಮಾಡಿದ ನಿಯಮಗಳು

ನಿಯಮಗಳು ಹಾಗೂ ಕರ್ನಾಟಕ ಉಚ್ಛ ನ್ಯಾಯಾಲಯವು ಮಾಡಿದ ನಿಯಮಗಳು

ARBITRATION CENTRE – KARNATAKA (DOMESTIC AND

KARNATAKA (DOMESTIC AND INTERNATIONALINTERNATIONALINTERNATIONALINTERNATIONAL

INTERNATIONALINTERNATIONALINTERNATIONALINTERNATIONAL) BENGALURU

An initiative of The High Court of Karnataka

NOTIFICATION

ACK/19/2013 [HCLC 138 of 2012] dated 05th July, 2016

ACK/19/2013 [HCLC 138 of 2012] dated 05

KARNATAKA (DOMESTIC & INTERNATIONAL) RULES, 2012

THE ARBITRATION CENTRE – KARNATAKA (DOMESTIC & INTERNATIONAL) RULES, 2012

THE ARBITRATION CENTRE

In exercise of powers conferred by Rule 36 of Arbitration Centre – Karnataka (Domestic & International) Rules, 2012, In exercise of powers conferred by Rule 36 of Arbitration Centre Karnataka (Domestic & International) Rules, 2012, the

Karnataka (Domestic & International) Hon'ble High Court of Karnataka makes the following rules to amend the Arbitration Centre – Karnataka (Domestic & International) Hon'ble High Court of Karnataka makes the following rules to amend the Arbitration Centre Rules, 2012. These amendments shall come into force on this the 05th July, 2016. Rules, 2012. These amendments shall come into force on this the 05

1. Amendment to the Preamble:

To add the words: 'Conciliation Centre

and to delete the word 'Karnataka' so as to rename the Centre as 'Conciliation Centre – Bengaluru' and to delete the word 'Karnataka' so as to rename the Centre as The Arbitration & Conciliation Centre

& Conciliation Centre – Bengaluru (Domestic & International).

PRELIMINARY

2. Amendment to Title - Rule 1:

To add the words: ' & Conciliation' and to delete the words 'Karnataka (Domestic & International)' so as to rename the Conciliation' and to delete the words 'Karnataka (Domestic & International)' so as to rename the & Conciliation Centre Rules, 2012. Rules as The Arbitration & Conciliation Centre Rules, 2012.

3. Amendments to the Rule 2:

The definition of the 'Centre' found in Sub

found in Sub-Rule (d) shall be substituted by the definition of '

Rule (d) shall be substituted by the definition of 'Arbitral Tribunal' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u). maintain the alphabetical order of the definitions from Sub

In Sub-Rule (d) after the words 'chosen from'

chosen from', the word 'out of' shall be deleted.

The definition of the 'President' found in Sub

found in Sub-Rule (e) to be substituted by the definition of 'Board of Governors

Board of Governors' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u). maintain the alphabetical order of the definitions from Sub

The definition of the 'Board of Governors

'Board of Governors' found in Sub-Rule (f) to be substituted by the definition of

Rule (f) to be substituted by the definition of 'Centre' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u). maintain the alphabetical order of the definitions from Sub

In Sub-Rule (f) after the words 'The Arbitration'

The Arbitration', the words '& Conciliation Centre-Bengaluru'

Bengaluru' shall be substituted.

The definition of the 'Panel of Arbitrators'

'Panel of Arbitrators' found in Sub-Rule (g) to be substituted by the definition of

Rule (g) to be substituted by the definition of 'Confirming Party' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u). as to maintain the alphabetical order of the definitions from Sub

The definition of 'Conciliator' to be

inserted as Sub-Rule (h) as follows:

means a person appointed as a Conciliator in terms of the Act or under these Rules or chosen from the (h) 'Conciliator' means a person appointed as a Conciliator in terms of the Act or under these Rules or chosen from the means a person appointed as a Conciliator in terms of the Act or under these Rules or chosen from the panel of Conciliators of the Centre. panel of Conciliators of the Centre.

(೧೭೭)೧೭೮ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ The definition of the 'Dispute' found in Sub-Rule (h) to be substituted by the definition of 'Conciliator' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

In Sub-Rule (i) after the words appointed, the words 'to the Centre' shall be substituted by deleting the word 'as such'.

The definition of the 'Confirming Party' found in Sub-Rule (k) shall be substituted by the definition of 'Dispute' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

The definition of the 'Joint Memorandum' found in Sub-Rule (l) shall be substituted by the definition of 'Expert' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

The definition of the 'Arbitral Tribunal' found in Sub-Rule (m) shall be substituted by the definition of 'Joint Memorandum' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

In Sub-Rule (m) after the word Schedule-I, the words 'or Schedule 1(A), as the case may be' shall be added.

The definition of the 'Request' found in Sub-Rule (n) shall be substituted by the definition of 'Panel of Arbitrators' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

The definition of 'Panel of Conciliators' to be inserted as Sub-Rules (o) as follows:

(o) 'Panel of Conciliators' means a Panel of more than one Conciliator appointed and Conciliators constituted in accordance with these Rules.

The definition of 'Party' to be inserted as Sub-Rule (p) as follows:

(p) 'Party' means a party to a conciliation agreement or who has signed the Joint Memorandum as provided in Schedule – IA.

The definition of the 'Rules' found in Sub-Rule (q) shall be substituted by the definition of 'President' so as to maintain the alphabetical order of the definitions from Sub-Rules (a) to (u).

The definition of 'Pro-Bono' to be inserted as Sub-Rule (r) as follows:

(r) 'Pro-Bono' Arbitrators' or Conciliators' Services means services rendered by an Arbitrator or Conciliator in an Arbitration or Conciliation proceedings, where the claim does not involve any sum exceeding Rs.5,00,000/- and where one or both the parties are indigent and unable to pay the fees of the Arbitrator or Conciliator, in consonance with the object of providing free legal services as contemplated under the Legal Services Authorities Act, 1987.

[Note: There may be instances where the Claimant will not be in a position to bear the expenses such as Arbitrators' or Conciliators' fee, Administrative expenses and miscellaneous expenses. There may be persons who are willing to serve as Pro-Bono Arbitrators' and Conciliators'. In such circumstances, provision could be made for enabling such persons in financial difficulty to have the services of Pro-Bono Arbitrators' and Conciliators'].

The definition of the 'Research Assistant' found in Sub-Rule (o) to be renamed as Sub-Rule (s).

The definition of the 'Request' found in Sub-Rule (n) to be renamed as Sub-Rule (t).

The definition of the 'Rules' found in Sub-Rule (q) to be renamed as Sub-Rule (u) and in the said Sub-Rule after the words, the Arbitration, the words '& Conciliation Centre Rules 2012' shall be substituted by deleting the words, 'Karnataka (Domestic and International)'.

4. Amendment to the Rule 2A:

In Sub-Rule 2A after the word the Arbitration, add the words ' & Conciliation Centre – Bengaluru' and to delete the word 'Karnataka' so as to rename the Centre as The Arbitration & Conciliation Centre – Bengaluru (Domestic & International).

PART-I

BOARD OF GOVERNORS

5. Amendment to the Rule 3:

In Sub-Rule (1)(a) after the word High Court, the words, 'to be nominated by the Chief Justice of the High Court of Karnataka, of whom, one shall be the President' to be substituted by deleting the words 'of whom one shall be the President, to be nominated by the Chief Justice of the High Court of Karnataka'.

6. Amendment to the Rule 4:

In Sub-Rule 3 after the word the Arbitration, the words '& Conciliation Centre Rules 2012' shall be substituted by deleting the words, 'Karnataka (Domestic and International)'.

In Sub-Rule 5 after the words to fix or revise, the words 'the fees payable to Arbitrators and Conciliators and the administrative and miscellaneous expenses payable in respect of any proceedings' shall be added.

In Sub-Rule 6 after the word 'Arbitrator' the words 'or a Conciliator' shall be inserted.

The existing Sub-Rule (d) to be renamed as Sub-Rule (e) and the Sub-Rule (d) to be newly inserted as follows:

(d) 'he is appointed or nominated to any post or office of profit'.

[Note: There are instances, where, the arbitrators are appointed or nominated to the post of office of profit for specified tenure and continue to hold arbitration assigned without withdrawing from the mandate. Thus, the amendment to insert a clause prescribing disqualification.]

In Sub-Rule (e) after the word 'may be', the word 'assigned' shall be inserted by deleting the word 'found'

In Sub-Rule(8) after the word Arbitration, the words, 'or Conciliation' shall be inserted.

To add Sub Rule(9):

(9) To appoint persons from the panel of Arbitrators to deal with matters enumerated under sub-Section (4) or sub-Section (5) or sub-Section (6) of Sec.11 of the Act.

[Note: The above provision is in view of insertion of new sub Sec: (6B) of Sec 11, vide Amendment Act, 2015].

PART-II

THE DIRECTORATE

7. Amendment to the Rule 5:

In Sub-Rule (1) after the words Affairs of the, 'the words Arbitration and Conciliation Centre-Bengaluru (Domestic & International)' shall be deleted and only the word 'Centre' to be substituted.

8. Amendments to the Rule 6:

In Sub-Rule (1)(a) after the word Arbitration, the word 'or Conciliation' to be inserted.

In Sub-Rule (1)(b) after the word Arbitrators' the word 'or Conciliators' to be inserted.

In Sub-Rule (1)(c) after the word Arbitrator, the word 'or Conciliator' to be inserted.

In Sub-Rule (1)(e) after the word Arbitrators' the word 'or Conciliators' to be inserted.

In Sub-Rule (1)(g) after the word Arbitration, the word 'or Conciliation' to be inserted.

To add Sub-Rule (j) :

(j) Such other functions as may be assigned by the Board of Governors.

PART-III

PANEL OF ARBITRATORS

In the title of the Part III after the word Arbitrators', the words 'and Conciliators' shall be added.

In Rule 8 after the word Arbitrators', the words '& Conciliators' shall be added.

In Sub-Rule(1) after the word Arbitrators', the words 'and a panel of Conciliators', as well, after the word as Arbitrators, the words 'or Conciliators' shall be inserted.

In Sub-Rule(2) after the word Arbitrators', 'and a panel of Conciliators', shall be inserted.

In Sub-Rule (3) after the word the panel, the words 'either at the request of any such person or for any reasons contemplated in Sub-rule (6) of Rule 4 of these Rules' to be added.

PART-IV

ARBITRATION PROCEDURE

9. Amendment to the Rule 9:

In Sub-Rule (2)(b) after the word where 'Supreme Court or as the case may be, the High Court or any person or institution designated by such court' to be inserted by deleting the words 'the Chief Justice or his designate'.

[Note: The above amendment is in view of amendments to Sec 11(4)(5)(6) of the Act vide Amendment Act, 2015].

To add Sub-Rule (d):

(d) Where any statutory authority refers a dispute to Arbitration to be conducted under the aegis of the Centre in accordance with these Rules.

[Note: Under certain statutes, there are provisions for referring the matter for Arbitration, for example; in Micro, Small and Medium Enterprises Development Act, there is a provision for settling the matter by way of Arbitration in case of failure of conciliation under Sec.18.]

10. Amendments to the Rule 10:

In Sub-Rule (2)(g) after the word or laws, the words 'or trade usages applicable to the transaction' shall be inserted.

[Note: Amendment is in view of Substitution of Sub Sec (3) of Sec 28 vide Amendment Act, 2015]

In Sub-Rule (3) after the word fifteen, the words 'thirty days' shall be inserted.

To add Sub-Rule(3)(a):

3(a) Where the Supreme Court or as the case may be, the High Court or any person or institution designated by such court appoints an Arbitrator under Section 11 of the Act and directs the Arbitration to be conducted under the aegis of the Centre,೧೮೦ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ the claimant shall file his statement of claim within Thirty days from the date of receipt of official communication from the Centre under Rule 17 or with in such time as may be specified by the Director.

[Note: Rule 10(3) prescribes 15 days time for filing claim statement when the parties directly approach the Centre seeking Arbitration, similar provision is not made, when the matter is referred by the Court. Hence, the amendment].

To add Sub-Rule (9):

(9) Any person who is not a party to the Arbitration Agreement shall not be entitled to participate in the proceedings before this Centre, unless he has obtained leave of the court to do so. In that event such a party shall be subject to these Rules.

11. Amendment to the Rule 11:

In Sub-Rule (1)(e) after the word counter-claim, the words 'or a set-off, if any, which shall be adjudicated upon by the arbitral tribunal, if such counter claim or set-off falls within the scope of the arbitration agreement' shall be inserted by deleting the words 'Including all relevant or supporting documents'

[Note: Amendment is in view of new insertion of Sub Sec (2A) of Sec 23 of the Act, vide Amendment Act, 2015].

In Sub-Rule (1)(h) after the word or law, the words 'or trade usages applicable to the transaction' shall be inserted.

[Note: Amendment is in view of Substitution of Sub Sec (3) of Sec 28 of the Act, vide Amendment Act, 2015].

In Sub-Rule(7) after the word 'the Counter-claim', the words 'or set-off' shall be inserted. As well after the word 'of the counter-claim', the words 'or the claim for set-off' shall be added.

In proviso to Sub-Rule (8) the words 'In exceptional cases, the President in consultation with the Board of Governors, may exercise discretion to extend the time' shall be deleted.

12. Amendment to the Rule 15:

To add Sub-Rule(8):

(8) The Sub –Rules (3) to (6) shall mutatis mutandis applicable for the appointment of Arbitrators in a dispute referred by any authority.

[NOTE: The existing Sub–Rules (3) to (6) only deals with a situation for appointment of Arbitrators, where the agreement provides for the same. Whereas, in a dispute referred under any statute, Rules or Regulations (Statutory Arbitration) there will be no such agreements providing for appointment of arbitrators in any manner what so ever. Hence, the above amendment] 13. Amendment to the Rule 17:

In Sub-Rule (1) after the word 'in writing to the', the words 'parties with a copy to the' shall be deleted thereafter, after the word centre, the words 'and the Centre in turn shall communicate it to the parties' shall be added.

[NOTE: As per the existing Rule 17(1), the Arbitrator is required to communicate his consent to the parties. Many Arbitrators have expressed their practical difficulty in communicating to the parties. Hence, if the Arbitrators communicate their consent to the Centre, the Centre in turn can communicate to the parties. Hence, the amendment.]

14. Amendments to the Rule 18:

In Sub-Rule(1) after the word 'and' delete the word 'send' and same shall be substituted by the word 'submit'.

In the said Sub-Rule, after the word 'Arbitral Tribunal shall', the words 'conduct a Preliminary meeting with the parties and Pass an procedural order fixing the timeline of Arbitration having due regard to Sec 29A of the 'Act'. The time–table shall specify' shall be inserted by deleting the words 'draw up a document defining the Terms of Reference' The existing Sub-Rule(2) shall be deleted and the following paragraphs shall be inserted by adding to the existing Sub-Rule 1 as Sub-Rules 1(a) to (c) so as to arrange the Sub-Rules as 1(a) to (f) by inserting the following:

(a) the period within which the parties would file statement of Admissions and denials on allegations of fact as are made in the pleadings or in any documents.

(b) the period within which the parties would agree to dispense with formal proof of documents, except in case of questioned documents.

(c) the period within which (after recording the admissions and denials if any) the terms of reference or points for consideration have to be determined.

The existing Sub-Rules (a) to (c) of Sub-Rule shall be rearranged as Sub-Rules1(d) to (f).

[Note: The above amendments are in line with new Sec 29 A inserted vide Amendment Act, 2015 to fix time line for Arbitration.]

15. Amendments to the Rule 21:

After Sub-Rule(1) the following provisos to be inserted:

Provided, that if the parties to an arbitration agreement agree in writing to have their dispute resolved by fast track procedure as specified in Sec 29B of the 'Act', the Arbitral Tribunal shall conduct arbitration proceedings as contemplated in sub sec 3 of sec 29B of the 'Act'ಭಾಗ ೪ಎ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ೧೮೧ Provided, further that the Arbitral Tribunal shall, as far as possible, conduct arbitral proceedings for the presentation of evidence or for oral argument on day-to-day basis, and not grant any adjournments unless sufficient cause is made out, and may impose costs, including exemplary costs, on the party seeking adjournment without any sufficient cause.

[Note 1: The amendment to insert first proviso is in line with Fast track procedure specified in New Sec 29B of Amendment Act, 2015.

Note 2: The amendment to insert the second proviso is in line with Newly Ins proviso to Sec 24 vide Amendment Act, 2015.]

PART – V

TIME SCHEDULE FOR THE ARBITRATION

16. Amendment to the Rule 23:

The existing Sub-Rules (1) & (2) shall be deleted and to be substituted by the following :

(1) The award shall be made within a period of twelve months from the date on which the arbitrator or all the arbitrators, as the case may be, have received notice, in writing, of their appointment by fixing time line procedure as prescribed in Rule 18.

(2) The procedure as to incentives to the Arbitral Tribunal and extension of time shall be in accordance with Sub Sec's (3) to (9) of Sec 29A of the 'Act'.

Provided, that the parties to an Arbitration Agreement may choose to adopt fast track procedure contemplated under Sec. 29B of the Act.

[Note: Amendment is in consonance with New Sec 29A of Amendment Act, 2015].

PART – VI

RULES OF PROCEDURE

17. Amendment to the Rule 28:

In Sub-Rule (3) after the word 'follow the cause', the words 'In default, the consequences as provided in second proviso to Sec 38 (2) of the Act shall follow', shall be added.

To add Rule 3(a):

3(a) When the respondent fails to deposit such sums of money towards arbitrators' fee, administrative expenses, miscellaneous expenses, etc., either by remaining ex-parte or fails to participate at any stage of the proceedings, it is deemed that the respondent has waived his right to contest the proceedings further.

[Note: The above amendment is in consonance with Sec.25 (b) as amended vide Amendment Act, 2015 and proviso to Sec 38 of Arbitration & Conciliation Act].

In Sub-Rule(7) after the word 'demand draft' the words 'or bankers cheque' and after the word 'Pay Order', the words, 'or in any Electronic mode' as well after the word, 'Arbitration' the word 'Arbitration & Conciliation Centre –Bengaluru' shall be inserted

18. Amendment to Rule 29. Arbitrator's Fee:

from 2012 until 2016, which was averaged 7.90 percent P.A. during said period. Secondly, the increase of Dearness Allowance rates declared by the Union Govt. from time to time is also taken in to consideration, which was enhanced at the rate of 45% for a period 2012 December to 2016 January. Accordingly, the Amendments are to revise the Fee Schedule at the rate of 45%.]

To add the following notes after the note No.4:

5) In the event of claim or counter claim having more than one relief the arbitrator's fee shall be calculated as follows:

(a) In any claim or counter claim, in which separate and distinct reliefs based on the same cause of action are sought, the arbitrator's fee shall be determined on the aggregate value of the reliefs.

Provided that, if any relief is sought only as ancillary to the main relief the arbitrator fee shall be determined on the value of the main relief.

(b) Where reliefs are sought in the alternative in any claim/Counter claim, the arbitrator's fee shall be determined with the highest of the fees on the reliefs.

[NOTE: The above is just to have clarity regarding calculation of fee.]

6) In the event of termination of Arbitral proceedings;

(a) Before filing of written response, the Arbitrator's shall be paid 30% of the fee calculated as above.

(b) After framing of issues or terms of reference and before cross examination of any witness (including the parties), the Arbitrator's shall be paid 50% of the fee calculated as above.

[NOTE: There are instances, where the arbitral proceedings are being terminated at earliest stage by way of compromise or otherwise. In such circumstances, the parties may feel that they are unduly burdened to pay the entire fee, though there will not be full participation of the Arbitrator in the proceedings.]

19. Amendment to Rule 30:

Thousand only).

Pro-Bono Arbitrator

In the event of availment of Pro-Bono Arbitrator's service, the parties are exempted from paying Arbitrator's fee. However the Administrative and miscellaneous/sitting expenses are minimized by fixing the consolidated sum as hereunder;

20. Amendment to Rule 31:

To add after 1st para :-

In the event of any party to the arbitration proceedings seeking reliefs as provided under Sec. 17 of the Act, after passing of the award and before its enforcement, the fee and expenses payable in respect of such additional proceedings shall be as determined by the Board on a case to case basis.

[NOTE: The above amendment is in view of the amendment to Sub-Section (1) of Sec. 17 vide Amendment Act, 2015 enabling the party to seek interim measures by Arbitral Tribunal at any time after making the Arbitral Award but before it is enforced.]

21. Amendment to Rule 32:

To Substitute Sub-Rule 8 as follows by deleting the existing Sub Rule ;

(8) The costs of Arbitration shall be determined by the Arbitral Tribunal in accordance with Sec 31A of the 'Act' [NOTE: Amendment is in view of new cost regime inserted in new Sec 31 A of the Amendment Act, 2015.]

22. Amendments to incorporate provisions regarding International Arbitrations by inserting a separate Part – VII and by

inserting Rules 34 to 39.

The existing Part VII – General provisions to be rearranged as Part-X and the rules therein shall be rearranged as

Rules 64 to 66 instead of existing Rules 34 to 36.

PART – VII

INTERNATIONAL ARBITRATIONS

34. Laws applicable to the substance of the dispute

The Arbitral Tribunal shall decide the dispute in accordance with the rules of law designated by the parties as applicable to the substance of the dispute failing such designation by the parties; the Arbitral Tribunal shall apply the law which it determines to be appropriate.

35. Laws applicable to the arbitration proceedings

Unless otherwise agreed by the parties the law governing the arbitration proceedings shall be the laws in force in India.

36. Language

(1) The parties are free to agree upon the language or languages to

be used in the arbitration proceedings.

(2) Failing any agreements referred to in sub rule (1), the arbitral tribunal shall determine the language or languages to be used in the arbitration proceedings.

(3) The agreement or determination, unless otherwise specified, shall apply to any written statement by a party, any hearing or any arbitral award, decision or other communication by the arbitral tribunal.

(4) The arbitral tribunal may order that any pleadings or other documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by arbitral tribunal.

37. Seat of Arbitration

The parties may agree on the seat of arbitration. Failing such an agreement, the seat of arbitration shall be at Bengaluru, unless the Tribunal determines, having regard to all the circumstances of the case, that another seat is more appropriate.

The Tribunal may hold hearings and meetings by any means it considers expedient or appropriate and at any location it considers convenient or appropriate.

only), any fee in excess of the same shall be as agreed upon by the parties.

2) In the event of claim and counter-claim, the Arbitrator's fee shall be calculated on the aggregate of the claim and counter- claim.

3) The fee fixed above is in respect of a single Arbitrator. The fee at the same rate shall be payable to any additional Arbitrator.

4) In the event of an Arbitrator chosen from the Panel of Arbitrators or nominated, who is not in the panel is from a place other than Bengaluru the party nominating such Arbitrator, shall alone bear all expenses of such Arbitrator, apart from the fee payable as per the schedule, for his participation in the Arbitration proceedings.

5) In the event of claim or counter claim having more than one relief the arbitrator's fee shall be calculated as follows:

(a) In any claim or counter claim, in which separate and distinct reliefs based on the same cause of action are sought, the arbitrator's fee shall be determined on the aggregate value of the reliefs.

Provided that, if any relief is sought only as ancillary to the main relief the arbitrator fee shall be determined on the value of the main relief.

(b) Where reliefs are sought in the alternative in any claim/Counter claim, the arbitrator's fee shall be determined with the highest of the fees on the reliefs.

[NOTE: The above is just to have clarity regarding calculation of fee.]

6) In the event of termination of Arbitral proceedings;

(a) Before filing of written response, the Arbitrator's shall be paid 30% of the fee calculated as above.

(b) After framing of issues or terms of reference and before cross examination of any witness (including the parties), the Arbitrator's shall be paid 50% of the fee calculated as above.

NOTE: There are instances, where the arbitral proceedings are being terminated at particular stage by way of compromise or otherwise. In such circumstances, the parties may feel that they are unduly burdened to pay the entire fee, though there will not be full participation of the Arbitrators in the proceedings.

39. Administrative Expenses in International Arbitration-

Note: Any Claim or dispute which is not valued in terms of money, shall attract a minimum deposit of `.30,000/-(Rupees Thirty Thousand only) or equivalent in US $

In addition to the Administrative Expenses as above, the parties shall also pay a sum of `.3,000/- (Rupees Three Thousand only) or equivalent in US $ per day (irrespective of the duration of the sitting on a given day) for the use of the facilities of the Centre on the days the Arbitral Tribunal holds its sittings. The above expenses shall be shared by all the parties, equally.

The Government of India and the Government of Karnataka are exempted from payment of Administrative Expenses and Other Miscellaneous Expenses. The Board of Governors, at their discretion, may exempt such other entity from payment of the above expenses.

23. Amendments to incorporate provisions regarding Conciliation Procedure by inserting a separate Parts – VIII to IX

and by inserting Rules 40 to 63.

PART - VIII

CONCILIATION PROCEEDURE

40. Commencement of Conciliation Proceedings –

(1) The party initiating conciliation shall send to the other party a written invitation to conciliate under these Rules, briefly identifying the subject of the dispute.

(2) Conciliation proceedings shall commence when the other party accepts in writing the invitation to conciliate.

(3) If the other party rejects the invitation, there will be no conciliation proceedings.

(4) If the party initiating conciliation does not receive a reply within thirty days from the date on which he sends the invitation, or within such other period of time as specified in the invitation, he may elect to treat this as a rejection of the invitation to conciliate and if he so elects, he shall inform in writing the other party accordingly.

or

(5) Where parties to a contract have agreed that any dispute or difference which may arise or has arisen, out of or in relation to a contract, shall be referred to Conciliation in accordance with these Rules, the same shall be referred accordingly.

(6) These Rules shall also apply where the parties sign a joint memorandum agreeing that their dispute shall be referred to Conciliation in accordance with these Rules or when the same is so referred through any proceedings including:

(a) under Section 89 of the Code of Civil Procedure, 1908;

or

(b) Where parties to any International contract, have agreed to submit their disputes or differences to Conciliation in accordance with these rules.

41. Request for Conciliation:

(1) Any person desirous of initiating conciliation under these rules at the Centre shall submit his request to the Directorate with a copy marked to the opponent briefly identifying the subject of the dispute.

(2) the request shall contain the following information-

(a) name in full, description, contact details and address of each of the parties, complete details including e-mail addresses, if any;

(b) a brief description of the nature and circumstances of the dispute giving rise to the claim;

(c) statement of the relief sought, including an indication of any amount claimed along with supporting documents, if any;

(d) relevant agreements and, in particular, an extract of the written conciliation clause or the deed of conciliation agreement, if separately contained.

(e) provisional terms of proposed settlement identifying the subject of dispute and the issues to be conciliated;

(f) all relevant particulars concerning the Conciliators, their number, qualifications, if any, prescribed in the conciliation agreement on which parties have already agreed in writing;

(g) the order of the Court, if any, passed in proceedings referred to in these Rules, along with a signed joint memorandum.

(3) The party initiating conciliation shall submit sufficient number of copies of the Request being one copy for the Centre, one copy for each conciliator (if the number of conciliators is mentioned in the conciliation agreement) and one copy for each of the other party.

42. Number of conciliators - (1) There shall be one conciliator unless the parties agree that there shall be two or three conciliators.

(2) Where there is more than one conciliator, they ought, as a general rule, to act jointly.

43. Appointment of conciliators - (1) Subject to sub – rule (2)

(a) in conciliation proceedings with one conciliator, the parties may agree on the name of a sole conciliator;

(b) in conciliation proceedings with two conciliators, each party may appoint one conciliator;

(c) in conciliation proceedings with three conciliators, each party may appoint one conciliator and the parties may agree on the name of the third conciliator who shall act as the presiding conciliator.

(2) The parties may agree to enlist the assistance of the Centre and request the Centre to recommend the names of suitable individuals to act as Conciliator(s).

or

The parties may agree that the appointment of one or more conciliator(s) be made directly by the Centre.

44. Consent of Conciliators – (1) Soon after the selection of Conciliators, the Director shall send an official communication to that effect to the parties and to the Conciliators. The Conciliators so chosen shall give their consent in writing to the Centre in a prescribed form as provided in Schedule – VIII. Copy of such consent shall be sent to the parties by the Directorate.

(2) In the event of any circumstance not provided for herein above, the President, in consultation with the Board of Governors, shall have the power to determine the number of Conciliators and the Conciliators to be appointed from the panel of Conciliators in order to expedite the conciliation proceedings. The parties, however, shall be heard before any such orders are passed by the President.

45. Submission of statement to conciliator- (1) The conciliator, upon his appointment, may request each party to submit to the Centre a brief statement describing the general nature of the dispute and the points at issue. Each party shall furnish a copy of such statement to the other party.

(2) The Conciliator may request each party to submit to the Centre a further statement of his position and the facts and grounds in support thereof, supplemented by any documents and other evidence that such party deems appropriate. The party shall send a copy of such statement, documents and other evidence to the other party.

(3) During the conciliation proceedings, the conciliator may request a party to submit to him such additional information as he deems appropriate.

46. Representation and assistance.— Each party shall advise, in writing, the other party and the conciliator of - (a) the name and address of any person who will represent or assist him, and

(b) the capacity in which the person will represent.

47. Role of conciliator.- (1) The conciliator shall assist the parties in an independent and impartial manner in their attempt to reach an amicable settlement of their dispute.

(2) The conciliator shall be guided by principles of objectivity, fairness and justice, giving consideration to, among other things, the rights and obligations of the parties, the usages of the trade concerned and the circumstances surrounding the dispute, including any previous business practices between the parties.

(3) The conciliator may conduct the conciliation proceedings in such a manner as he considers appropriate, taking into account the circumstances of the case, the wishes the parties may express, including any request by a party that the conciliator hear oral statements, and the need for a speedy settlement of the dispute.

(4) The conciliator-may, at any stage of the conciliation proceedings, make proposals for a settlement of the dispute. Such proposals need not be in writing and need not be accompanied by a statement of the reasons therefor.

48. Communication between conciliator and parties- (1) The conciliator may invite the parties to meet him or may communicate with them orally or in writing. He may meet or communicate with the parties together or with each of them separately.

Such meeting shall be at the Centre only.

49. Disclosure of information-

When the conciliator receives factual information concerning the dispute from a party, he shall disclose the substance of that information to the other party in order that the other party may have the opportunity to present any explanation which he considers appropriate

Provided that when a party gives any information to the conciliator subject to a specific condition that it be kept confidential, conciliator shall not disclose that information to the other party.

50. Co-operation of parties with conciliator-

The parties shall in good faith co-operate with the conciliator and, in particular, shall comply with requests by the conciliator to submit written materials, provide evidence and attend meetings.

51. Suggestions by parties for settlement of dispute- Each party may, on his own initiative or at the invitation of the conciliator, submit to the conciliator suggestions for the settlement of the dispute.

52. Settlement agreement- (1) when it appears to the conciliator that there exist elements of a settlement which may be acceptable to the parties, he shall formulate the terms of a possible settlement and submit them to the parties for their observations.

After receiving the observations of the parties, the conciliator may reformulate the terms of a possible settlement in the light of such observations.

(2) If the parties reach agreement on a settlement of the dispute, they may draw up and sign a written settlement agreement. If requested by the parties, the conciliator may draw up, or assist the parties in drawing up, the settlement agreement.

(3) Settlement agreement shall bear the date and place of settlement.

(4) The conciliator shall authenticate the settlement agreement and furnish a copy thereof to each of the parties.

53. Termination of conciliation proceedings.- The conciliation proceedings shall be terminated (a) by the signing of the settlement agreement by the parties; on the date of the agreement; or

(b) by a written declaration of the conciliator, after consultation with the parties, in the effect that further efforts at conciliation are no longer justified, on the date of the declaration; or

(c) by a written declaration of the parties addressed to the conciliator to the effect that the conciliation proceedings are terminated , on the date of the declaration; or

(d) by a written declaration of a party to the other party and the conciliator, if appointed, to the effect that the conciliation proceedings are terminated, on the date of the declaration.

54. Costs.- (1) Upon termination of the conciliation proceedings, the Director shall assess the costs of the conciliation and give written notice thereof to the parties.

(2) For the purpose of sub-section (1) "costs" means reasonable costs relating to

(a) the fee and expenses of the conciliator and witnesses requested by the conciliator, with the consent of the parties;

(b) any expert advice requested by the conciliator with the consent of the parties;

(c) any assistance provided pursuant to clause (b) of sub-section (2) of section 64 and section 68.

(d) any other expenses incurred in connection with the conciliation proceedings and the settlement agreement.

(3) The costs shall be borne equally by the parties unless the settlement agreement provides for a different apportionment. All other expenses incurred by a party shall be borne by that party.

55. Deposits – (1) The Director may require the parties, before referring the case to the Conciliator, to deposit in advance in one or more instalments, such sums of money as he deems necessary to defray miscellaneous expenses and the Conciliator's fee.

(2) The deposits shall be called for in equal share from the parties unless the conciliation agreement provides for a different apportionment. The Director may, during the course of the conciliation proceedings, require further sums to be deposited by the parties or anyone of them to meet the costs of the conciliation.

(3) All deposits towards administrative expenses, miscellaneous expenses and Conciliator(s) fee shall be made through the Centre and no payment shall be made directly to the Conciliator(s), by the parties. The deposit made by the parties shall be taken into account by the Conciliator in apportioning the costs while accepting the terms of agreement. Any deposit made in excess shall be refunded to such party as the Conciliator may direct.

(4) The Centre shall have a lien on the settlement agreement or terms of agreement for any unpaid costs and fees of the conciliation.

(5) All the deposits towards the Administrative Expenses, other expenses and the Conciliator's fee shall be paid by the parties in the form of Demand draft or Bankers Cheque or Pay Order or any electronic mode drawn in favour of the Director, Arbitration and conciliation Centre –Bengaluru.

(6) The Director shall decide any dispute, as between the parties, regarding the quantum, the liability or any other issue regarding the deposit of the conciliators fee; administrative and miscellaneous expenses and such decision shall be final.

56. Notices and Communications in conciliation proceedings -All notices or communications from the Director and the Conciliator shall be in writing and deemed to have been duly delivered when sent to the last known address of the party or the duly notified representative of the parties. Such notice or communication may be made by any one of the following modes, namely, delivery against receipt, registered post, courier, facsimile transmission, telex, telegram or any other means of electronic communication that provides a record of such communication.

57. Hearing Procedure in conciliation proceedings - (1) Unless agreed between the parties in writing, the Conciliator shall hold oral hearings.

(2) Unless the Conciliator decides to undertake site inspection or holds hearings in such other place for any reason as it may deem necessary, all hearings shall take place in the Centre at Bengaluru or any other Centre established as per these Rules.

(3) All meetings and hearings shall be in camera.

PART - VIII

TIME SCHEDULE FOR THE CONCILIATION

58. Duration of conciliation proceedings – (1) Normally, all conciliation proceedings through the medium of the Centre shall be concluded within a period of 90 (Ninety) days from the date of first meeting of the conciliator and the parties concerned. Except that in cases involving complicated and contentious issues, the period may stand extended by the Conciliator for a period not exceeding 30 (thirty) days, by mutual consent of the parties.

(2) In exceptional circumstances, the Board of Governors, on the request of the parties and the Conciliator, shall have the powers to extend the time, if any such occasion arises.

PART – IX

RULES OF PROCEDURE

59. Default of parties – If any party to a conciliation proceedings fails to participate at any stage of the same, the proceedings shall be closed. However, this shall not preclude such party from participating in any subsequent proceedings of the Conciliation with the leave of the Conciliator, on such terms as it may impose.

60. Default of Conciliators – When, after appointment of the Conciliator, a Conciliator fails to participate in two hearings, without sufficient cause, his mandate to act as a Conciliator shall stand terminated and the Board of Governors shall appoint another Conciliator in consultation with the parties and the newly appointed Conciliator shall continue the proceedings from the stage at which it stood prior to substitution of the Conciliator.

61. Conciliator's Fee:

Note: 1) Any Claim or dispute which is not valued in terms of money, shall attract a minimum fee of `.60,000/- (Rupees Sixty thousand only), any fee in excess of the same shall be as agreed upon by the parties.

(2) The fee fixed above is in respect of a single Conciliator. The fee at the same rate shall be payable to any additional Conciliator. In the event of termination of conciliation proceedings in less than three sittings the fee payable by the parties to the conciliator is 30% of the fee assessed as per Rule 55.

(3) In the event of an Conciliator chosen from the Panel of Conciliators or nominated, who is not in the panel is from a place other than Bengaluru, the party nominating such Conciliator, shall alone bear all expenses of such Conciliator, apart from the fee payable as per the schedule, for his participation in the conciliation proceedings.

62. Administrative Expenses-

only).

In addition to the Administrative Expenses as above, the parties shall also pay a sum of `.3,000/- (Rupees Three Thousand only) per day (irrespective of the duration of the sitting on a given day) for the use of the facilities of the Centre on the days the Conciliator holds its sittings. The above expenses shall be shared by all the parties, equally.

The Government of India and the Government of Karnataka are exempted from payment of Administrative Expenses and other Miscellaneous Expenses. The Board of Governors, at their discretion, may exempt such other entity from payment of the above expenses.

In the event of availment of Pro-Bono Conciliator's service, the parties are exempted from paying Conciliators fee. However the

63. Additional Fees and Expenses – The Conciliator shall be entitled to allow fees and expenses of witnesses, cost of legal or technical advice or proceedings in respect of any matter arising out of the conciliation and any other incidental expenses and charges in connection with or arising out of the reference as the Conciliator shall, in his absolute discretion, think fit and the same shall form part of cost.

24. Amendments to the existing schedules I to V so as to substitute the name of the Rules as 'The Arbitration & Conciliation Centre Rules, 2012' by deleting the existing name of the Rules as the Arbitration Centre – Karnataka (Domestic and International) Rules, 2012. As well, to substitute the name of the Centre in the above schedules as The Arbitration & Conciliation Centre – Bengaluru (Domestic & International) by deleting the words Arbitration Centre – Karnataka (Domestic and International).

25. To Add Schedule- IA

SCHEDULE -IA

JOINT MEMORANDUM OF THE PARTIES TO THE CONCILIATION :

We hereby agree that the dispute, which has arisen between us in respect of our contract __________________ (give details) dated _____________ is hereby referred to conciliation in accordance with the Arbitration & Conciliation Centre Rules, 2012.

In Witness Whereof, this Agreement has been signed on this ________ Day of _________ Month of ________ (year) at _____________ by:

Parties:

1. _________________________________

2. _________________________________

26. To Add Schedule- VI

SCHEDULE – VI

MODEL ARBITRATION CLAUSE

Any dispute or difference or claim arising out of, or in connection with, or relating to the present contract or the breach, termination or invalidity thereof, shall be referred and settled under the Arbitration & Conciliation Centre Rules, 2012 by one or more arbitrators appointed in accordance with its rules.

Note: Parties may add the following:

a) The number of arbitrator(s) shall be............................

b) The language of the Arbitration Proceedings shall be............

c) Specific qualifications of the arbitrator(s) including language, technical qualifications and experience, if any.

d) Laws applicable to the substance of the dispute

NOTE: To make the parties aware as to in what form they could incorporate Arbitration Clause so as to seek reference to arbitration before our Centre.

27. To Add Schedule- VII

SCHEDULE – VII

CURRICULUM VITAE

(Conciliator)

For use of Arbitration & Conciliation Centre – Bengaluru (Domestic & International).

Mr. Mrs. Ms.

Last Name : _______________________________________

First Name : _______________________________________

Date of birth : _______________________________________

Personal Address :_______________________________________

_______________________________________

_______________________________________

Telephone : _______________________________________

Telefax : _______________________________________

E-Mail : _______________________________________

Office Address (including company or firm name where applicable):

Telephone : _______________________________________

Tele-fax : _______________________________________

E-Mail : _______________________________________

Please indicate the address preferred for correspondence

Personal Office

Qualification and Experience:

(Please indicate if any assistance of a translator or an interpreter is required during the course of arbitration.)

Date : ___________________

Signature : ___________________

28. To Ad schedule – IX

SCHEDULE -IX

MODEL CONCILIATION CLAUSE

Where, in the event of dispute or difference or claim arising out of, or in connection with, or relating to the present contract or the breach, termination or invalidity thereof, the parties wish to seek an amicable settlement of such dispute by conciliation, the conciliation shall take place in accordance with the Arbitration & Conciliation Centre Rules, 2012 by one or more conciliators appointed in accordance with its rules.

Note: Parties may add the following:

a) The number of conciliator(s) shall be............................

b) The language of the Conciliation Proceedings shall be............

c) Specific qualifications of the conciliator(s) including language, technical qualifications and experience, if any.

Director

P.R. 2

Arbitration Centre-Karnataka

SC-50

(High Court of Karnataka), Bengaluru.

FINANCE SECRETARIAT

NOTIFICATION

No. FD 48 ATE 2007, Bengaluru, Dated : 9-11-2016.

Whereas the draft of the Karnataka General Services (Treasury Branch) (Recruitment) Rules, 2016, was published as required by clause (a) of sub section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karntaka Act 14 of 1990) in notification No. FD 48 ATE 2007, dated : 31-08-2016 in IV-A of the Karantaka Gazette Extraordinary No. 1062 dated : 1-09-2016 inviting objections and suggestions from all persons likely to be affected to be affected thereby within 15 days from the date of its publication in the official gazette.

Whereas the said gazette was made made available to the public on 1st September 2016.

And whereas the objections/suggestions with respect to the said draft rules have been considered by the State Government.

Now, therefore, 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) the Government of Karnataka hereby makes the following rules, namely ;

RULES

1. Title and Commencement :- (1) These rules may be called the Karnataka General Services (Treasurey Branch) (Recruitment) Rules, 2016.

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

2. Method of Recruitment and Minimum qualification : - In respect of each category of posts and scale of pay specified in column (2) of the schedule-I below, the number and nature of posts, method of recruitment and minimum qualifications, if any, shall be specified in the corresponding entries in column (3), (4) and (5).

3. Training Modules :- In respect of the training modules, number and module name specified in column (1) and (2) of the schedule-II below, their Topic, Topic details, number of sessions and their duration shall be as specified in corresponding entries in column (3), (4), (5) and (6) thereof.

4. Mandatory core training modules :- In respect of the number and category of posts specified in column (1) and (2) of the schedule III the mandatory core training modules for promotion, their duration and refresher course shall be as specified in column(3), (4) and (5) thereof.

5. Repeal and savings :-The Karnataka General Services (Treasury Branch) (Recruitment) Rules, 1994 read with Karnataka General Services (Treasury Branch) (Recruitment) (Amendment) Rules, 1995 are hereby repealed.

Provided that, such repeal shall not affect :-

(a) The previous operation of the said rules or anything duly done or any action taken under the said rules ; or

(b) Any right, privilege, obligation or liability already acquired, accrued or incurred under the said rules.

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

G. Shashidhar

Under Secretary to Government,

Finance Department. (Admn. & Adv.)೧೯೨ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ

Schedule-I

(See Rule 2)

Note:-

1. Promotion to the Group 'A' and 'B' posts shall be on the basis of Statewide Seniority.

2. The total number of posts of Additional Directors and Joint Directors shall be 7 in the ratio 2:5 provided further that the Cadre Strength of Additional Director of Treasuries and Joint Director of Treasuries may be altered inter-se by Government according to the situation and exigencies of service.

3. Promotion to the category of Group 'C' posts shall be on the basis of Division wise Seniority and promotion to the Group 'D' posts shall be on the basis of District wise Seniority + (Hyderabad Karnataka Seniority).

4. Divisions mean Bengaluru Division, Belagavi Division, Mysuru Division, Kalaburagi Division, along Hyderabad-Karnataka Region each comprised of the following districtsHyderabad Karnaka Seniority).

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

G. Shashidhar

Under Secretary to Government,

Finance Department. (Admn. & Adv.)೨೦೦ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ

Schedule-II

(See Rule 3)

DEPARTMENT OF TREASURIES – TRAINING MODULES

Note: "The training modules for curriculum development will be in accordance with the instructions/ guidelines/modifications issued from time to time as suggested by the Treasury Module Development Committees for designing of training modules for officers/staff of Department of Treasuries through the Fiscal Policy Institute, Government of Karnataka, Bengaluru."

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

G. Shashidhar

Under Secretary to Government,

Finance Department. (Admn. & Adv.)

Schedule-III

(See rule 4)

Note: * The trainings for Group A and B Officers are conducted in FPI, Kengeri, Bengaluru And for Group C and D employees, in identified/ respective District Training Institutes. The contents/sub- contents of the training modules for group C and D is liable for revision as and when required by the department provided the same shall be drawn out of the contents from the 9 Core modules as approved by the Government.

** The number of refresher courses only is made mandatory for promotion and the option of prescribing the specific refresher course for promotion for each of the cadre from time to time is given to the administrative department itself.

P.R. 860

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

G. Shashidhar

SC-300

Under Secretary to Government,

Finance Department. (Admn. & Adv.)೨೧೬ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ

ನ್ಯಾಯಮೂರ್ತಿ ಶ್ರೀ ಕೆ.ಎನ್.ಕೇಶವನಾರಾಯಣ ವಿಚಾರಣಾ ಆಯೋಗ

5ನೇ ಮಹಡಿ, ಕಾವೇರಿ ಭವನ, ಕರ್ನಾಟಕ ವಸತಿ ಮಂಡಳಿ ಸಂಕೀರ್ಣ, ಕೆಂಪೇಗೌಡ ರಸ್ತೆ, ಬೆಂಗಳೂರು – 560 009.

ಅಧಿಸೂಚನೆ

ಸಂಖ್ಯೆ : 32/34/2016-17, ದಿನಾಂಕ: 12.01.2017

ಸಾರ್ವಜನಿಕರ/ಆಸಕ್ತಿಯುಳ್ಳ ಎಲ್ಲರಿಗೂ ಈ ಮೂಲಕ ತಿಳಿಯಪಡಿಸುವುದೇನೆಂದರೆ, ಶ್ರೀ ಎಂ.ಕೆ. ಗಣಪತಿ, ಡಿವೈ.ಎಸ್ಪಿ. ರವರ ಅಸ್ವಾಭಾವಿಕ ಸಾವಿನ ಬಗ್ಗೆ ಕರ್ನಾಟಕ ಸರ್ಕಾರ ರಚಿಸಿರುವ ನ್ಯಾಯಾಂಗ ತನಿಖಾ ಆಯೋಗದ ಅಧಿಸೂಚನೆ ತಾ: 05.12.2016ರ ಸಂಖ್ಯೆ 32/34/2016-17, ತಾ: 06.12.2016ರ ದೈನಿಕ ಪತ್ರಿಕೆಗಳಲ್ಲಿ ಪ್ರಕಟಿಸಿದ್ದು ಅದರನುಸಾರವಾಗಿ ಲಿಖಿತ ಹೇಳಿಕೆ, ಶಪಥ ಪತ್ರ ಮತ್ತು ದಾಖಲಾತಿಗಳನ್ನು ನಿವೇದಿಸಲು ನಿಗಧಿಪಡಿಸಿದ್ದ ಸಮಯದ ಅವಧಿಯನ್ನು ತಾ: 03.02.2017 ರವರೆಗೆ ವಿಸ್ತರಿಸಲಾಗಿದೆ

ವಿಚಾರಣಾ ಆಯೋಗದ ಆಜ್ಞಾನುಸಾರ ಮತ್ತು ವಿಚಾರಣಾ ಆಯೋಗದ ಹೆಸರಿನಲ್ಲಿ,

ಬಿ.ಶಿವಲಿಂಗೇಗೌಡ

ಕಾರ್ಯದರ್ಶಿ

ನ್ಯಾಯಮೂರ್ತಿ ಶ್ರೀ ಕೆ.ಎನ್. ಕೇಶವನಾರಾಯಣ

ವಿಚಾರಣಾ ಆಯೋಗ

JUSTICE SRI K.N.KESHAVANARAYANA COMMISSION OF INQUIRY

5TH Floor, Cauvery Bhavan, Karnataka Housing Board Complex, K.G.Road, Bengaluru-560 009.

NOTIFICATION

No. 32 / 34 / 2016-17, DATED : 12TH JANUARY 2017.

This is to inform the general public/all interested that the time fixed to submit written statements, affidavit/s and document/s, under the Notification No.32/34/2016 dated 05.12.2016 of this Commission constituted to inquire into the unnatural death of Sri M.K. Ganapathy, Dy. SP, which has been published in the issue of 06th December 2016 of the daily newspapers, has been extended till 03.02.2017.

P.R. 61

By order and in the name of the Commission of Inquiry

S.C. 50

B. SHIVALINGE GOWDA

Secretary

Justice Sri K.N.Keshavanarayana

Commission of Inquiry.

ANIMAL HUSBANDRY AND FISHERIES SECRETARIAT

NOTIFICATION

No. AHF 06 VAH 2014 (Part-IV) BENGALURU, DATED : 16.01.2017

The draft of the Karnataka Animal Husbandry and veterinary Services (Recruitment of Veterinary Officers) (Special) Rules 2016, 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-ಭಾಗ ೪ಎ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ೨೧೭ section (2) of section 3 of the said Act, for the information of all the 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. Objection and suggestions may be addressed to the Secretary to Government, Animal Husbandry and Fisheries Department, Vikasa Soudha, Bengaluru-560001.

DRAFT RULES

1. Title, commencement and application. - (1) These rules may be called the Karnataka Animal Husbandry and veterinary Services (Recruitment of Veterinary Officers) (Special) Rules, 2016.

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

(3) Notwithstanding anything contained in the Karnataka Civil Services (General Recruitment) Rules, 1977 or the Karnataka Civil Services (Direct-Recruitment by Competitive Examination and Selection)(General) Rules, 2006 or in the Karnataka Animal Husbandry and Veterinary Services (Recruitment) Rules, 1965, or in any other rules of recruitment relating to the categories of posts specified in the schedule made or deemed to have been made, under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) the provisions of these rules shall apply to recruitment of 100 Backlog and 450 direct recruitment vacancies in the categories of posts of Veterinary officers in the Animal Husbandry and veterinary Service as specified in the schedule:

Provided that, nothing in these rules shall apply to more than one recruitment.

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

(a) "Appointing Authority" means the State Government for appointment of veterinary officers under these rules.

(b) "Backlog" means backlog of unfilled scheduled castes and scheduled tribes vacancies in direct recruitment.

(c) "Committee" means the State Level Selection Committee Constituted under rule 3;

(d) "Qualifying Examination" means the minimum qualification for recruitment to the posts of Veterinary officers as specified in the schedule;

(e) "Schedule" means a Schedule appended to these rules;

(f) "Vacancies" means the number of vacant posts to be filled up under these rules.

(2) Other words and expressions used but not defined in these rules, shall have the same meaning assigned to them in the Karnataka Civil Services (General Recruitment) Rules, 1977.

3. State Level Selection Committee.- For recruitment to the categories of posts of Veterinary Officers, under these rules there shall be a State Level Selection Committee consisting of the following members, namely:-

(1) The Commissioner of Animal Husbandry

and Veterinary Services Department,

Bengaluru. : Chairperson೨೧೮ ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಗುರುವಾರ, ಜನವರಿ ೧೯, ೨೦೧೭ ಭಾಗ ೪ಎ (2) The Director of Animal Husbandry and

Veterinary Services Department, Bengaluru : Member

(3) The Commissioner of Social Welfare

Department, Bengaluru or his representatives

Not below the rank of Joint Commissioner. : Member

(4) The Director of Tribal Welfare Department,

Bengaluru or his representative. : Member

(5) The Director of Backward Classes Department,

Bengaluru or his Representative : Member

(6) The Director of Minority Welfare Department

Bengaluru or his representative. : Member

(7) The Director of Women and Children

Welfare Department Bengaluru or his

representative. : Member

(8) The Joint Director (Administration)

Commissionerate of Animal Husbandry and : Member

Veterinary Services Department, Bengaluru. Secretary

4. Method of Recruitment.- (1) The Committee shall, after taking into consideration the vacancies to be filled up under these rules, advertise the vacancies in the Official Gazette specifying the conditions of eligibility, nature of selection, number of vacancies to be filled and classification in accordance with reservation of posts provided by or under any law or any order for the time being in force, invite applications from the intending candidates. Abstract of such advertisement shall also be published in two daily newspapers having wide circulation in the State of which one shall be in Kannada.

(2) The Committee shall from among the candidates who have applied in pursuance to the publication made under sub-rule (1), and deemed to have applied under rule 8(2) prepare in the order of merit, a selection list of candidates eligible for appointment under these rules on the basis of aggregate percentage of marks secured in the qualifying examination and the reservation of posts (Vertical and Horizontal) provided by or under any law or any order for the time being in force.

(3) The number of candidates to be selected under sub-rule (2), shall be equal to the number of vacancies notified.

(4) If the marks secured by two or more candidates is equal, then the order of merit in respect of such candidates shall be fixed on the basis of their age, the older in age being placed above the younger. The number of candidates to be included in such list of eligible candidates shall be equal to number of vacancies specified in the schedule.

(5) The committee shall also prepare an additional list of such of the candidates not included in the main list prepared under sub-rule (2). The number of candidates to be included in the additional list shall be as far as possible 20% of the number of candidates in each of the reservation categories (horizontal and vertical) in the list under sub-rule (2). There shall be at least one candidate in the additional list belonging to each of the reservation categories (horizontal and vertical) represented in the list under sub-rule(2). If a candidate whose name is included in the list under sub-rule (2), fails to report for duty within the prescribed period, to that extent a candidate belonging to the same reservation category as that of the candidate who failed to report for duty shall be appointed from the additional list.

(6) The lists so prepared under sub-rules (2) and (5), shall be published in the official Gazette and also on the notice board of the office of the Commissioner.

(7) The list of candidates selected by the Committee and assigned to the Appointing Authority shall be valid till all the notified vacancies are filled or till the completion of one year from the date of publication of the selected list whichever is earlier.

5. Appointment of candidates.- (1) Candidates whose names are included in the selection list prepared under rule 4 may be appointed by the appointing authority in the vacancies in the order of which their names are found in the list after satisfying itself after such enquiry as it may consider necessary that each of the candidates is suitable in all respects for appointment.

(2) The inclusion of name of a candidate in the list published under sub-rule (6) of rule 4 shall not confer any right of appointment.

6. Application of general recruitment rules.- Except in respect of matters for which provisions are made in these rules, the provisions of the Karnataka State Civil Service (General Recruitment) Rules, 1977 for the time being in force, shall be applicable for the purpose of recruitment under these rules.

7. Knowledge of Kannada Language.- No candidates shall qualify for the selection to the post of Veterinary Officer unless he qualifies in a test in Kannada language comprising of one paper carrying maximum of 150 marks and secures minimum of 50 marks in the said qualifying test regarding knowledge of Kannada:

Provided that, the committee may exempt a candidate from passing the Kannada language test if the candidate has passed the SSLC examination or any equivalent examination or any examination higher than SSLC in which Kannada is the main language or second language or an optional subject (but not one of the subject in composite paper) or has passed in Kannada medium.

8. Repeal and Savings.- (1) The Karnataka Animal Husbandry and Veterinary Services (Recruitment of Veterinary Officers) (Special) Rules, 2015 is hereby repealed:

(2) Not withstanding the said repeal-

i. The application of candidates who have applied in pursuance of the said repealed rules shall be deemed to have applied under these rules.

ii. The eligibility of candidates who have applied in pursuance of the said repealed rules in respect of age limit shall be considered in accordance with the said repealed rules.

R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19

Licensed to post without prepayment WPP No. 297

SCHEDULE

(see rule 3)

P.R. 62

By Order and in the name of the Governor of Karnataka

D.S.Sudarshan Kumar

SC-100

Under Secretary to Government,

Animal Husbandry and Fisheries Department,

(Animal Husbandry).

ಮುದ್ರಕರು ಹಾಗೂ ಪ್ರಕಾಶಕರು:- ಸಂಕಲನಾಧಿಕಾರಿಗಳು, ಕರ್ನಾಟಕ ರಾಜ್ಯಪತ್ರ, ಸರ್ಕಾರಿ ಕೇಂದ್ರ ಮುದ್ರಣಾಲಯ, ಬೆಂಗಳೂರು-59