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ARBITRATION CENTRE – K

ACK/

THE ARBITRATION CEN

In exercise of powers conferred b

Hon’ble High Court of Karnataka makes the

Rules, 2012. These amendments shall come

Amendment to the Preamble:

To add the words: ‘Conciliation

The Arbitration & Conciliation Cen

Amendment to Title - Rule 1:

To add the words: ‘ & Conciliat

Rules as The Arbitration & Concili

3. Amendments to the Rule 2:

The definition of the ‘Centre’ fou

maintain the alphabetical order of t

In Sub-Rule (d) after the words ‘ch

The definition of the ‘President’ fo

maintain the alphabetical order of t

The definition of the ‘Board of G

maintain the alphabetical order of t

In Sub-Rule (f) after the words ‘The

The definition of the ‘Panel of Arb

as to maintain the alphabetical orde

The definition of ‘Conciliator’ to be

(h) ‘Conciliator’ means a person

panel of Conciliators of the Centre.

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Bengaluru, Thu

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KARNATAKA (DOMESTIC AND INTERNATIONA

INTERNATIONA

An initiative of The High Court of Karnataka

NOTIFICATION

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

NTRE – KARNATAKA (DOMESTIC & INTERNATIONAL) RU

by Rule 36 of Arbitration Centre – Karnataka (Domestic & I

e following rules to amend the Arbitration Centre – Karnata

e into force on this the 05^th July, 2016.

Centre – Bengaluru’ and to delete the word ‘Karnataka’ s

ntre – Bengaluru (Domestic & International).

PRELIMINARY

ion’ and to delete the words ‘Karnataka (Domestic & Intern

ation Centre Rules, 2012.

nd in Sub-Rule (d) shall be substituted by the definition o

the definitions from Sub-Rules (a) to (u).

osen from’, the word ‘out of’ shall be deleted.

ound in Sub-Rule (e) to be substituted by the definition of ‘B

the definitions from Sub-Rules (a) to (u).

Governors’ found in Sub-Rule (f) to be substituted by the d

the definitions from Sub-Rules (a) to (u).

e Arbitration’, the words ‘& Conciliation Centre-Bengaluru

bitrators’ found in Sub-Rule (g) to be substituted by the defin

er of the definitions from Sub-Rules (a) to (u).

inserted as Sub-Rule (h) as follows:

appointed as a Conciliator in terms of the Act or under th

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

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AL) BENGALURU

ULES, 2012

nternational) Rules, 2012, the

aka (Domestic & International)

so as to rename the Centre as

national)’ so as to rename the

of ‘Arbitral Tribunal’ so as to

Board of Governors’ so as to

definition of ‘Centre’ so as to

’ shall be substituted.

nition of ‘Confirming Party’ so

hese Rules or chosen from the

1938)

a 1938)

¸ÀAaPÉ 3

Issue 3

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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’.

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[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,

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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.

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’

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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:

To revise the Fee schedule subject to maximum ceiling limit is here under:

Sum in dispute

The Existing Fee

Schedule

Fee Schedule

Upto `. 10,00,000/- (Rupees Ten Lakh

only)

`. 50,000/- (Rupees Fifty Thousand only)

`.50,000/-(Rupees fifty thousand only)

Above `.10,00,001/- (Rupees Ten Lakh

and One only) upto `.40,00,000/- (Rupees

Forty Lakh only)

`.75,000/-

(Rupees

Seventy

Five

Thousand only)

`.1,10,000/- (Rupees one lakh ten

thousand only)

Above `.40,00,001/- (Rupees Forty Lakh

and

One

only)

upto

`.1,00,00,000/-

(Rupees One Crore only)

`.75,000/-

(Rupees

Seventy

Five

Thousand) plus 1% of the fee over and

above

`.40,00,000/-

(Rupees

Forty

Lakh) subject to a maximum fee of

Rs.1,00,000/- (Rupees One Lakh)

`.1,10,000/- (Rupees one lakh ten

thousand only) plus 1% of claim amount

over and above `.40,00,000/- (Rupees

forty lakh only) subject to ceiling cap of

`.1,45,000/- (Rupees one lakh forty

five thousand only)

Above `.1,00,00,001/- (Rupees One Crore

and One only) upto `.10,00,00,000/-

(Rupees Ten Crore only)

`. 1,00,000/- plus 1% of the fee over and

above `.1,00,00,000/- (Rupees One

Crore) subject to a maximum fee of

`.4,00,000/- (Rupees Four Lakh)

`. 1,45,000/- (Rupees one lakh forty

five thousand only) plus 1% of claim

amount over and above `.1,00,00,000/-

(Rupees one Crore only) subject to

ceiling cap of `.5,80,000/- (Rupees five

lakh eighty thousand only)

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Sum in dispute

The Existing Fee

Schedule

Fee Schedule

Above `.10,00,00,001/- (Rupees Ten

Crore and One only) upto `.20,00,00,000/-

(Rupees Twenty Crore only)

`. 4,00,000/- plus 1% of the fee over and

above `.10,00,00,000/- (Rupees Ten

Crore) subject to a maximum fee of

`.6,00,000/- (Rupees Six Lakh)

`.5,80,000/- (Rupees five lakh eighty

thousand only) plus 1% of claim

amount over and above `.10,00,00,000/-

(Rupees ten crores only) subject to

ceiling cap of `.8,70,000/- (Rupees

eight lakh seventy thousand only)

Above `.20,00,00,001/- (Rupees Twenty

Crore and One only)

`. 6,00,000/- plus 1% of the fee over and

above `.20,00,00,000/- (Rupees Twenty

Crore) subject to a maximum fee of

`.8,00,000/- (Eight Lakh)

`.8,70,000/-

(Rupees

eight

lakh

seventy thousand only) plus 1% of

claim

amount

over

and

above

`.20,00,00,000/-(Rupees twenty crores

only)

subject

ceiling

cap

`.12,00,000/- (Rupees twelve lakhs

only)

[NOTE: The above amendments are to revise the existing Fee Schedule, taking into consideration of inflation rate in India

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:

To revise the administrative Expenses schedule as here under:

Sum in dispute

The Existing Schedule

Schedule

If the value of the claims/disputes does not exceed

`.50,00,000/- (Rupees Fifty Lakh only)

`.10,000/-(Rupees

Ten

Thousand

only)

`.20,000/-

(Rupees

Twenty

Thousand only)

If the value of the claims/disputes is between

`.50,00,001/- (Rupees Fifty Lakh and One only) and

`.5,00,00,000/- (Rupees Five Crore only)

`.20,000/-(Rupees Twenty Thousand

only)

`.30,000/-

(Rupees

Thirty

Thousand only)

If the value of the claims/disputes exceeds

`.5,00,00,000/- (Rupees Five Crores only)

`.30,000/- (Rupees Thirty Thousand

only)

`.40,000/-

(Rupees

Forty

Thousand only)

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).

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;

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If the value of the claims/disputes does not exceed `.3,00,000/-

(Rupees Three Lakh Only)

`.3,000/- (Rupees Three Thousand Only)

If the value of the claims/disputes is between `.3,00,001/-

(Rupees Three Lakh One Rupee only) to `.5,00,000 (Rupees

Five Lakh only)

`.5,000/- (Rupees Five Thousand Only)

[NOTE: This is in consonance with the provision for providing services of Pro-Bono Arbitrator].

20. Amendment to Rule 31:

To add after 1^st 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.

38. Arbitrators’ fee in International Arbitration

Sum in Dispute (US $ or equivalent in Rupees)

Arbitrator’s fees

Upto $50,000 or equivalent in Rupees

`.2,00,000/-

From $ 50,001 to 1,00,000 or equivalent in Rupees

`.2,00,000/- plus 6% of the fee over & above $50,000 or

equivalent in Rupees

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Sum in Dispute (US $ or equivalent in Rupees)

Arbitrator’s fees

From $ 1,00,001 to 5,00,000 or equivalent in Rupees

`.4,01,000/- plus 6% of the fee over & above $1,00,000 or

equivalent in Rupees

From $ 5,00,001 to 10,00,000 or equivalent in Rupees

`.20,09,000/- plus 4% of the fee over & above $5,00,000 or

equivalent in Rupees

From $ 10,00,001 to 20,00,000 or equivalent in Rupees

`.33,49,000/- plus 2% of the fee over & above $10,00,000 or

equivalent in Rupees

From $ 20,00,001 to 50,00,000 or equivalent in Rupees

`.53,59,000/ plus 1% of the fee over & above $20,00,000 or

equivalent in Rupees

From $ 50,00,001 to 1,00,00,000 or equivalent in Rupees

`.70,34,000/- plus .50% of the fee over & above $50,00,000 or

equivalent in Rupees

From $ 1,00,00,001 to 5,00,00,000 or equivalent in Rupees

`.1,37,34,000/- plus .25% of the fee over & above $1,00,00,000

or equivalent in Rupees

From $ 5,00,00,001 to 8,00,00,000 or equivalent in Rupees

`.1,87,59,000/- plus .25% of the fee over & above $5,00,00,000

or equivalent in Rupees

Above $ 8,00,00,001 or equivalent in Rupees

`.2,07,69,000/- plus 0.1% of the fee over & above $8,00,00,000

or equivalent in Rupees subject to a ceiling of Rs.2,20,00,000/-

Note: 1) Any Claim or dispute which is not valued in terms of money, shall attract a minimum fee of Rs.5,00,000/- (Rupees Five Lakh

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-

The parties shall deposit Administrative Expenses as indicated below, before the dispute is referred to the Arbitral Tribunal:

Sum in Dispute (in Rupees or equivalent in US $)

Administrative Expenses

If the value of the claims/disputes does not exceed $1,00,000/- or

equivalent in Rupees

`.20,000/-

(Rupees

Twenty

Thousand

only)

equivalent in US $

If the value of the claims/disputes is between $2,00,001/- to $5, 00,000/-

or equivalent in Rupees

`.30,000/- Rupees Thirty Thousand only) or equivalent

in US $

If the value of the claims/disputes exceeds $5,00,001/- or equivalent in

Rupees

`.40,000/- (Rupees Fourty Thousand only) or equivalent

in US $

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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.

(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;

(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;

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(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).

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.

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(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;

(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.

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(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:

Conciliator’s Fee

Amount in Dispute

Fees

Upto `.10,00,000/- (Rupees Ten Lakh only)

`.30,000/-

Above `.10,00,001/- (Rupees Ten Lakh and One only) upto

`.40,00,000/- (Rupees Forty Lakh only)

`.30,000/- (Rupees Thirty thousand) plus 1.5% of the fee over

and above `.10,00,000/- subject to ceiling cap of `.60,000/-

Above `.40,00,001/- (Rupees Forty Lakh and One only) upto

`.1,00,00,000/- (Rupees One Crore only)

`.60,000/- (Rupees Sixty thousand) plus 1.5% of the fee over

and above `.40,00,000/- subject to ceiling cap of `.1,50,000/-

Above `.1,00,00,001/- (Rupees One Crore and One only) upto

`.10,00,00,000/- (Rupees Ten Crore only)

`.1,50,000 (Rupees One lakh fifty thousand) plus 1.5% of the

fee over and above `.1,00,00,000/- to ceiling cap of

`.2,40,000/-

Above `.10,00,00,001/- (Rupees Ten Crore and One only) upto

`.20,00,00,000/-(Rupees Twenty Crore only)

`.2,40,000/- (Rupees two lakhs forty thousand) plus 1.5% of

the fee over and above `.10,00,00,000/- subject to ceiling cap

of `.3,15,000/-

Above `.20,00,00,001/- (Rupees Twenty Crore and One only)

`.3,15,000/- (Rupees three lakhs fifteen thousand) plus 1.5%

of the fee over and above `.20,00,00,000/- subject to ceiling

cap of `.5,00,000/-

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-

The parties shall deposit Administrative Expenses as indicated below, before the dispute is referred to the Conciliator:

If the value of the claims/disputes does not exceed `.50,00,000/- (Rupees

Fifty Lakh only)

`.5,000/-(Rupees Five Thousand only)

If the value of the claims/disputes is between `.50,00,001/- (Rupees Fifty

Lakh and One only) and `.5,00,00,000/- (Rupees Five Crore only)

`.10,000/-(Rupees Ten Thousand only)

If the value of the claims/disputes exceeds `.5,00,00,000/- (Rupees Five

Crores only)

`.15,000/- (Rupees Fifteen Thousand only)

Note: Any Claim or dispute which is not valued in terms of money, shall attract a minimum deposit of `.10,000/- (Rupees Ten Thousand

only).

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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

Administrative and Miscellaneous Expenses are minimized by fixing the consolidated sum as hereunder;

If the value of the claims/disputes does not exceed `.3,00,000/-

(Rupees Three Lakh Only)

`.3,000/- (Rupees Three Thousand Only)

If the value of the claims/disputes is between `.3,00,001/- (Rupees

Three Lakh One Rupee only) to `.5,00,000 (Rupees Five Lakh only)

`.5,000/- (Rupees Five Thousand Only)

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:

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

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

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

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

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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:

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

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

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

P.R. 2

SC-50

Director

Arbitration Centre-Karnataka

(High Court of Karnataka), Bengaluru.

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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 1

st 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

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.

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).

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.

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.

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.)

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Schedule-I

(See Rule 2)

Sl. N.

Category 0f Posts and Pay Scale

No. of posts

Method of Recruitment

Minimum Qualification

Permanent

Temporary

Deputation

(1)

(2)

(3)

(4)

(5)

Director

(52500-1350-60600-1500-69600-1700-

73000)

By posting of an officer of the I.A.S (Senior

Scale) or from the cadre of K.A.S (Selection

Grade) only.

Additional Director

(44250-1050-45300-1200-52500-1350-

60600)

By promotion from the cadre of Joint Director.

For promotion:-

1. Must have put in service of not less than three

years in the cadre of Joint Director.

Provided that if officers who have put in service

of not less than three years are not available,

officers who have put in service of not less than one

year shall be considered for promotion.

2. Must have successfully undergone mandatory

trainings as prescribed in schedule III in the cadre of

Joint Director as arranged and deputed by the

department in order of the seniority.

Notwithstanding anything contained in Clause (2)

above, for the period of one year from the date of

commencement of these rules, officers who are

otherwise eligible for promotion and have completed

at least one training among the trainings specified in

schedule-III as on the date of promotion may be

considered for promotion subject to condition that

they shall complete the remaining mandatory

refresher courses within one year from the date of

promotion.

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(1)

(2)

(3)

(4)

(5)

Joint Director

(40050-1050-45300-1200-52500-1350-

56550)

By promotion from the cadre of Deputy

Director.

For promotion:-

(1) Must have put in a service of not less than five

years in the cadre of Deputy Director.

Provided that if officers who have put in a

service of not less than five years are not

available, officers who have put in service of not

less than three years shall be considered for

promotion.

(2)Must have successfully undergone mandatory

training as specified in schedule III in respect to the

category of post of Deputy Director as arranged and

deputed by the department in order of the seniority.

Notwithstanding anything contained in Clause (2)

above, for the period of three years from the date of

commencement of these rules, officers who are

otherwise eligible for promotion and have completed

at least one training among the training modules

specified in schedule-III as on the date of promotion

may be considered for promotion subject to

condition that they shall complete the remaining

training module and mandatory refresher courses

within two years from the date of promotion.

Deputy Director (36300-900-39000-

1050-45300-1200-52500-1350-53850)

By promotion from the cadre of Assistant

Director (earlier District Treasury Officer).

For promotion:-

(1) Must have put in a service of not less than five

years in the cadre of Assistant Director (earlier

District Treasury Officer).

Provided that if officers who have put in service of

not less than five years are not available, officers

who have put in service of not less than three years

shall be considered for promotion.

(2) Must have successfully undergone mandatory

training modules as specified in schedule III, in the

cadre of Assistant Director(earlier District Treasury

Officer), as arranged and deputed by the department

in order of the seniority.

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(1)

(2)

(3)

(4)

(5)

Notwithstanding anything contained in Clause (2)

above, for the period of three years from the date of

commencement of these rules, officers who are

otherwise

eligible

for

promotion

and

have

completed at least one training among the training

modules specified in schedule-III as on the date of

promotion may be considered for promotion subject

to condition that they shall complete the remaining

training modules and mandatory refresher courses

within two years from the date of promotion.

Assistant Director (earlier

District Treasury Officer)

(28100-700-28800-800-33600-900-

39000-1050-45300-1200-50100)

Twenty Percent by Direct Recruitment in

accordance with the Karnataka Recruitment of

Gazetted

probationers,

(appointment

competitive examinations). Rules 1997; and

Eighty Percent by promotion from the cadre of

Assistant Treasury Officers.

Training During Probation: In respect of direct

recruitees he must have successfully completed the

specified induction training during the probationary

period.

For promotion:-

(1)

Must have put in a service of not less than

five years in the cadre of Assistant Treasury

Officer

Provided that if officers who have put in

service of not less than five years are not

available, officers who have put in service of

not less than three years shall be considered

for promotion.

(2)

Must have successfully undergone mandatory

trainings as prescribed in schedule III, in the

cadre of Assistant Treasury Officer as

arranged and deputed by the department in

order of the seniority.

Notwithstanding anything contained in Clause

(2) above, for the next three years from the date of

commencement of these rules officers who are

otherwise eligible for promotion may be considered

for promotion and have completed atleast one

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(1)

(2)

(3)

(4)

(5)

training among the training modules specified in

schedule III as on the date of promotion with a

condition that they shall complete the remaining

trainings and mandatory refresher courses within

two years from the date of promotion.

Assistant Treasury Officer

(22800-600-24600-700-28800-800-

33600-900-39000-1050-43200)

231

Twenty five percent by Direct Recruitment in

accordance with the Karnataka Recruitment of

Gazetted

probationers,

(appointment

competitive examinations) Rules 1997.

Seventy five percent by promotion from the

cadre of Head Accountant.

For Direct Recruits:

Must successfully complete the specified induction

training during the probationary period.

For promotion:-

(1)

Must have put in a service of not less than five

years in the cadre of Head Accountant.

Provided that if officers who have put in

service of not less than five years are not

available, officers who have put in service of

not less than three years shall be considered

for promotion.

(2)

Must have successfully undergone mandatory

trainings as prescribed in schedule III, in the

cadre of Head Accountant as arranged and

deputed by the department in order of the

seniority.

Notwithstanding anything contained in Clause (2)

above, for the next three years from the date of

commencement of these rules. Officers, who are

otherwise eligible for promotions and have completed

at least one training module among the training

modules specified in Schedule-III, may be considered

for promotion subject to condition that they shall

complete the remaining trainings and mandatory

refresher courses within two years from the date of

promotion.

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(1)

(2)

(3)

(4)

(5)

Head Accountant

(20000-500-21000-600-24600-700-

28800-800-33600-900-36300)

368

By promotion from the cadre of First Division

Assistant.

Provided

that

Bengaluru

Division,

Promotion shall be from the cadre of First

Division Assistant and Stenographer in the

ration of 99:1. Every 100

th vacancy shall be

filled by promotion of Stenographer.

For promotion:-

(1)

Must have put in a service of not less than five

years in the cadre of First Division Assistant/

Stenographer as the case may be.

Provided that in case of Stenographer he/she

must have worked in the cadre of First Division

Assistant for a period of not less than one year,

in addition to five years of service of

Stenographers as specified above:

Provided further that, if officers who have put in

service of not less than five years are not

available, officers who have put in service of

not less than three years shall may consider for

promotion.

(2) Must have successfully undergone mandatory

trainings as prescribed in schedule III, in the

cadre of First Division Assistant/Stenographer

as arranged and deputed by the department in

order of the seniority.

Notwithstanding anything contained in Clause

(2), for the next three years from the date of

commencement of these rules. Officers, who

are otherwise eligible for promotion and have

completed at least one training module among

the mandatory training modules specified in

schedule-III, may be considered for promotion

subject to condition that they must complete the

remaining trainings and mandatory refresher

courses within two years from the date of

promotion.

First Division Assistant

(14550-350-15600-400-17200-450-

19000-500-21000-600-24600-700-

26700)

829

210

Fifty

Percent

Direct

Recruitment

accordance with the Karnataka Civil Service

(Recruitment of Ministerial posts)rules, 1978

and

For Direct Recruits:

Must successfully complete prescribed Induction

training during the probationary period.

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(1)

(2)

(3)

(4)

(5)

Fifty Percent by promotion from the cadre of

Second Division Assistant.

For promotion:

(1)Must have put in a service of not less than five

years in the cadre of Second Division Assistant.

Provided that, if persons who have put in not less

than five years of service are not available, a person

who has put in a service of not less than three years

may be considered for promotion.

(2) Must have successfully undergone mandatory

training modules as prescribed in schedule III, in the

cadre of Second Division Assistant as arranged and

deputed by the department in order of the seniority.

Notwithstanding anything contained in Clause

(2), for the next three years from the date of

commencement of these rules, officers who are

otherwise eligible for promotion and have completed

atleast one training module among the mandatory

training modules specified in schedule-III, may be

considered for promotion subject to condition that

they shall successfully complete the remaining

trainings and mandatory refresher courses within the

period of two years from the date of promotion.

Stenographer

(14550-350-15600-400-17200-450-

19000-500-21000-600-24600-700-

26700)

By promotion from the cadre of typist.

If no eligible typist is available for promotion,

by promotion from the Second Division

Assistant,

If no suitable Second Division Assistant is

available for promotion, by Direct Recruitment

in accordance with the Karnataka Civil

Services

(Recruitment

the

post

Stenographers and Typists) Rules, 1983

For Promotion:-

(1) Must possess the qualifications of Senior

Typewriting and Senior Shorthand Examination in

Kannada, conducted by the Department of Public

Instruction or is a holder of a Diploma in Secretarial

Practice or Diploma in Commercial Practice with

Kannada Shorthand and Kannada Typewriting as

optional (Elective) subjects granted by the Board of

Technical Education in Karnataka or possess an

equivalent qualification.

(2) Must have put in a service not less than five

years in the cadre of Typist or Second Division

Assistant.

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(1)

(2)

(3)

(4)

(5)

10.

Typist

(11600-200-12000-250-13000-300-

14200-350-15600-400-17200-450-

19000-500-21000)

By Direct Recruitment in accordance with the

Karnataka Civil Service (Recruitment to the

post of Stenographers and Typists) Rules

1983.

11.

Second Division Assistant

(11600-200-12000-250-13000-300-

14200-350-

15600-400-17200-450-19000-500-

21000)

798

Sixty-seven Percent by Direct Recruitment in

accordance with the Karnataka Civil Service

(Recruitment of Ministerial posts) Rules 1978

and

Thirty-three percent by Transfer of Drivers or

by promotion from any of the cadres in Group

‘D’ services.

For Direct Recruits:

Must successfully complete prescribed Induction

training during the probationary period.

For Promotion:

(1)Must

have

passed

P.U.C

equivalent

examinations.

Provided that, a pass in P.U.C. or equivalent

course prescribed as qualification for promotion shall

not be applicable for those who are already in

service

possessing

S.S.L.C

the

date

commencement of the Karnataka Civil Services

(Recruitment to Ministerial Posts) (Amendment)

Rules 2013 and

(2)Must have put in a service not less than five years

in the cadre of Drivers or in any one or more of the

cadres in Group D services.

Notwithstanding anything contained in Clause (2),

for the next three years from the date of

commencement of these rules, officers who are

otherwise eligible for promotion and have completed

at least one training module among the mandatory

training modules specified in schedule-III, may be

considered for promotion subject to condition that

they shall successfully complete the remaining

training and mandatory refresher courses within the

period of two years from the date of promotion.

12.

Drivers

(11600-200-12000-250-13000-300-

14200-350-15600-400-17200-450-

19000-500-21000)

By promotion from any of the cadres in Group

‘D’ services.

If no suitable person is available for promotion,

by Direct Recruitment.

For promotion and Direct Recruitment

(1) Must be holder of a current Light Motor Vehicle

Driving License.

(2) Must have passed P.U.C. Examination.

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(1)

(2)

(3)

(4)

(5)

13.

Attendar / Daffedars (11000-200-

12000-250-13000-300-14200-350-

15600-400-17200-450-19000)

promotion

from

the

cadre

peon/watchman. If no suitable person is

available for promotion, by direct recruitment.

For promotion and for direct recruitment must have

passed S.S.L.C. or equivalent examination.

14.

Group D/

Peon/Watchman

(9600-200-12000-250-13000-300-

14200-350-14550)

309

By Direct Recruitment.

Must have passed S.S.L.C. examination.

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).

Bengaluru Division

Mysore Division

Belagavi Division

Kalaburagi Division

Hyderabad-Karnataka Region

Ballari

Mysuru

Belagavi

Kalaburagi

Bengaluru District

Kodagu

Dharwad

Raichur

Tumakuru

Mandya

Karwar

Bidar

Kolar

Shivamogga

Vijayapura

Koppal

Chitradurga

Hassan

Hubballi

Yadagir

Bengaluru Rural

Chikkamagaluru

Gadag

Ballari

Davanagere

C.R. Nagar

Haveri

Chikkaballapura

Udupi

Bagalkote

Ramanagar

D.K. Mangaluru

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

G. Shashidhar

Under Secretary to Government,

Finance Department. (Admn. & Adv.)

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Schedule-II

(See Rule 3)

DEPARTMENT OF TREASURIES – TRAINING MODULES

Module

No.

Module Name

Topic

Topic Details

No. of

sessions (of

90 mins)

No. of days

(per day 4

sessions)

(1)

(2)

(3)

(4)

(5)

(6)

Treasury Operations

Part - I

Internal & External

Stakeholders

• Finance Dept - Department coming under Finance Dept.

• Parent Dept. - Controlling Department for All Departments

(a) Budget preparation, Releases, Controlling

(b) Power of Delegations and Authorization, Releases to all

Departments.

CCO's, CO's, DDO's &

Other stake holders

of treasury

• Budget & Vote on account

• Release of budget - regulation and control

• Fund release from Secretariat to all levels – from Chief Controlling

Officers to DDOs

• Release of fund from HODs

• Changes in Budget allocation through re-appropriation,

Supplementary Budget and Additional allocation

• Cuts, withdrawals and surrender of budget

• Monitoring of funds and schemes of GoI, outside the State Budget

• HOD’s review on scheme wise budget, funds released, expenditure incurred, available balance,

decision making in better implementation of schemes

• MIS Reports

Accountant General-

• Maintenance and submission of monthly State Civil Accounts to the Finance Department

• Preparation and submission of Appropriation and Finance Accounts to the Governor for presenting to

the State Legislature.

• Entitlement functions relating to the issue of pay slips to the Gazetted Officers.

• Maintenance of Accounts and issue of ‘no dues certificate’ in the case of long term advances taken

by the State Government employees.

• Maintenance of detailed account of Loans given to Local Bodies/Statutory Corporations by the State

Government.

• Authorization of pension and other retirement benefits to the retiring State Government employees.

• Treasury Inspection and preparation of Annual Review on inspection of Treasuries.

• Grants and loans given by Government to Bodies and Authorities for specific purposes.

• Maintenance of G.P.F. accounts relating of employees.

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(1)

(2)

(3)

(4)

(5)

(6)

RBI & Agency Banks

• Roles of RBI as Banker to Government

• Modes of payment- ECS, NEFT, RTGS and Cheques

• Features of CTS 2010 cheques

• Credit Scrolls for Receipts and Payments, Return Scrolls

• Memorandum of error

• Modes of Receipts – cash, clearing, fund transfer, collection of outstation cheques, RTGS, Internet

Banking, Credit card/Debit card remittance to Govt., NEFT remittance etc,

• Reconciliation

KGID / Small savings

and LIC



Compulsory Insurance, prescribed rates of subscription and accounts



Subscription, Savings and Insurance Fund, Settlement of retirement benefits of GIS



Recovery & Remittance of LIC Premium



Reconciliation with LIC



Pension Grievance Cell etc.

HRMS

• HRMS – implementation

• Different phases of the project

• Pay –roll Generation of the monthly salary bill of employees by the concerned Drawing and

Disbursing Officer

• Maintenance of service particulars of an employee

• Functionalities in HRMS

Post Office

• Post office- e-MO, Postal accounts, PLI. PIN Codes, Mapping of PIN.

• Disbursement of Social security pensions, e-MO, returns management and pensioner grievances

Result Framework

Document

• Explain RFD of Dept of Treasuries.

• Preparation of RFD

• Uploading of RFD in the RFMS , review, evaluation of RFD generating reports

Receipts

• Receipts:-Challans- e-challans, departmental challan, registered remitter and challan lite.

• Scroll Processing, MOE.

• Different modes of payments, Suspense Heads

• CTS 2010 cheque features, lapsed cheques, Alteration memo for cancelled cheques.

• Object Codes, Bill claims, specific validations

• Bill Generation

Deposits

• Role & Responsibilities of Treasury Officers

• Opening, continuation, closing and revival of deposits accounts, lapsing of deposit

• New Accounting scheme for deposits

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(1)

(2)

(3)

(4)

(5)

(6)

• Balance Sheet, cash book plus and minus memo, reconciliation and payment authorization

• Activities of Treasury Officer for Migration and operationalisation of deposit accounts to K II

• Deposit account management in K II

Pensions

• Types of Pension, Sanctioning and authorizing authorities

• KTC 45-Check register PSB Rules

• CPPC and its role, PSB Rules conversion to Family pension

• Calculation of pensionery benefits

Total

Treasury Operations

Part-II

NPS

• Role and activities of NPS Unit

• Stake holders of NPS-NSDL (CRA), HRMS, PFRDA, Axis bank (Trustee bank), Fund Managers such

as SBI, UTI, LIC

• Registration of DDO, Forms used in NPS, PRAN and PPAN

• S1 updation / Modification - Basic details personal details, Nomination, re issue of PRAN and reset of

I-PIN & T-PIN

• Contribution- Regular, arrear / Backlog, missing contribution

• Payment, accounting and reconciliation

• Settlement of claims of subscribers, Calculation of benefits in death cases

• NPS uploading procedures in the treasuries

• NPS for on deputation employees

 C hallenges & Discrepancies

 GOs till date & FAQs

TNMC

• Role and responsibility of PMU

• Fiscal & Cash Management, Expenditure tracking, Audit monitoring

• Masters and Master management

• BPRs in K II

• Hardware and network management Role of TNMC, Master management

• DC/DR and facility management

• Software development and improvisation

Stamp Depot &

Strong Room

• Safe Custody of articles

• Forecasting & annual indent of cheques

• Procurement of stamps, confiscated articles- handing over articles to Govt. Mint

• Stock and sales of stamps. Padlocks, security, Exchange of keys

• Joint inspection of strong room

• Archival and destruction of records

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(1)

(2)

(3)

(4)

(5)

(6)

PRI

• Role and responsibility of Treasury officers as regards PRI transactions

• PRI, ZP and TP fund

• Model Panchayat Accounting Structure (MPAS).

• Fund I II and III, lapse and revival of funds.

• Reconciliation

Total

Financial Codes

Governing Treasuries

Karnataka Financial

Code (KFC)

Definitions, General Principles and Rules, Revenue Receipts

Responsibilities for Moneys Withdrawn, Pay and Allowances, Bills, Establishment

Miscellaneous Charges, Stores, Works, Loans, Advances, Bills and Remittances

Charitable Endowments, Deposits, Local and other Funds

- Service Funds, Maintenance of Cash and other Accounts of Government Offices, Responsibilities for

Losses of Public Money or Property, Miscellaneous subjects

Manual of Contingent

Expenditure (MCE)

General Rules, Responsibility of DDO, Controlling Authority, Permanent Advances, Bills of

encashment, Countersigned Contingencies, Disallowances, Cancellation and Destruction of Sub-

Vouchers

- Special Rules, Allowances, Conveyance Charges, Examination Charges, Fixtures and their Repairs,

Furniture and Equipment, Honorarium

-Insurance of Government Property, Law Charges, Printing, Publications, Rents, Rates and Taxes,

Stationery, Stores, Telephone Charges

- Wages, Miscellaneous office expenses, Appendix IV & V

Karnataka Treasury

Code (KTC)

- Scope of Rules and Definitions, Constitution and Administration of Treasuries, Custody of Treasure

- Classification of Transactions, Payment of Moneys into the Treasuries and withdrawal there from

- Accounts to be kept at Treasuries, Accounts Returns to be rendered by Treasuries

- Pension Payments, Deposits and Bills of Remittances

- Miscellaneous, Special Rules, Provision of Funds at Treasuries and Sub-Treasuries

Karnataka Budget

Manual (KBM)

- AFS, Structure of Accounts, Budget Estimates, Classification of Funds, Charged and Voted

Expenditure, HoA

- Cash Budgeting, Delegation of Financial Powers, Appropriation Accounts, Reconciliation and control

of Expenditure, Ways and Means Advance, Audit and PAC

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(1)

(2)

(3)

(4)

(5)

(6)

Karnataka Panchayat

Raj (KPR)

- Budgeting, Accounting, Finance of ZP, TP and GP Funds, Accounting Procedure

- Books of Accounts, Monthly reconciliation, GIA, Receipts & Expenditure, Receipts

- Responsibilities of DDOs, Treasury Procedures, Checks on Bills, Drawl of Moneys through Cheques,

Plus and Minus Memorandum

- Refunds of Deposits or Fees paid in excess to the ZP, Schedule I to IV and link document

Total

Law and Service

Rules

Constitution of India

Key Salient Features of the Indian Constitution - Enumerate Fundamental Rights, Citizenship,

Fundamental Duties, Directive principles of the State Policy (Art 36 to 51)

PART V - Comptroller and Auditor General of India (Art 148 151), Procedure in Financial Matters -

Annual Financial Statement - Presentation of AFS and passing of appropriation Bills - Art 112 & Art

202, Supplementary, additional or excess grants (Art 205), Votes on account, votes of credit and

exceptional grants (Art 206)

PART XII - Miscellaneous Financial Provisions - Custody and monitoring of Consolidated Funds,

Contingency Funds and moneys credited to public accounts (Articles 266, 267 and 283)

Part XIV - Chapter I - Services (Articles 309 to 311) - Doctrine of Pleasure(Art 311) and Dismissal,

removal or reduction in rank of persons employed in civil capacities under the Union or a State [Art

311(b) - Reasonable opportunity]

KTPP Act, 1999

- Introduction and historical background, Salient features of the Act, KTPP Rules, 2000

Procurement Reforms, E-procurement

Tax Rules

Income Tax Act - Provisions of the Income Tax Act / Rules relating to Salary and TDS of individuals,

Role of Drawing and Disbursing Officer and Treasury Officer in deducting Tax and applicable rates,

Generation of 24G and 24Q Report,

Generation of Statistics Report, Uploading to TRACES, File Validation,

Generation of BIN, Filing of Correction Statements - 24Q and 26Q Report,

Generation of Receipt No. , Form 16 and Exemptions

Service Tax Act - Provisions of the Service Tax Act / Rules - Salient features and mandatory

deductions

Right to Information

Act (RTI) and

SAKALA

Salient features of the RTI Act, 2005 - Right to Information, Obligation of Public Authorities, Request for

obtaining information - Application, Fees, Disposal of request, Exemption from disclosure of

information, Grounds for rejection to access in certain cases, Provisions for appeal and penalties,

Severability and Third party information D6

Miscellaneous - Monitoring and Reporting, Preservation and destruction of RTI records Karnataka

Guarantee of Service to Citizens Act, 2011 (SAKALA) - Salient Features

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(2)

(3)

(4)

(5)

(6)

Acts related to

Gender

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

General Service

Rules

Karnataka Civil Service Rules - Background and General Conditions of Service

Superannuation, Regulation of Service condition and Foreign Service and Deputation

Regulation of Emoluments and Fixation of Pay

Leave Rules, Joining Time and Travelling Allowance Rules

Pension Rules

Allied Service Rules *

- Salient features of The KCS (General Recruitment) Rules, 1977 & Appointment of persons on

Compassionate grounds, The KCS (Probation) Rules, 1977, The KCS (Seniority) Rules, 1957, The

Karnataka Government Servants (Medical Attendance) Rules, 1963

Conduct Rules and

CCA Rules

The KCS (Conduct) Rules, 1966, The KCS Performance Appraisal Report Rules, 2007 and The KCS

(Classification, Control and Appeal) Rules, 1957

Handling of Legal

Issues, court cases**

Procedures for handling legal matters - Filing of writ petition, Appointment of Government Advocate /

Public Prosecutors, Providing para-wise comments and information, Filing of Statement of Objections,

Regular monitoring of court cases, Appointment of special counsels in important cases, Review of

Orders of the Court, Filing of appeals, Implementation of Court Orders

Office Procedure

Chapter I-Title, Definition, Duties of the Head of the Office, Organisation of the Office, Duties of the

Head of the Branch, Duties of the Head of the Section, Duties of the caseworkers, Officer Order Book,

Trilateral Index Letters, Clearance Section.

Chapter II- Movement of Tappal, General receipt register, Classification of References, Special

Registers, Periodical Register, Case Register, Opening of Registers, Numbering of cases, Composite

Cases, Monthly arrear list of cases, Weekly arrear statement of papers.

Chapter III- Manner of Handling office work, Circular Files, Current Files and its Arrangements,

Illustrations, Disposals, Record Files, Destruction of Records connected with Accounts, Premature

Disposal, Call Book, Confidential Papers, Fair copying and Despatch, Recording and Indexing

illustrations.

Chapter IV- Inspections, Attendance, Casual Leave, Furniture, Register of Books and Publications,

Various Stages in the Careers of a case.

Chapter V- Procedure for smaller offices.

Total

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(2)

(3)

(4)

(5)

(6)

Information and

Communi-cation

Technology

Introduction to

Computers, Network

Internet &

Architecture (Theory)

Hardware – CPU, Memory, Ports, Mouse, Monitor, Printer, Bar code Reader, Card Reader; Storage –

RAM, ROM, HDD, DVD, Data Card, Pen Drive; Software – Operating System, MS Office, Open office

Adobe, Winzip, Win Rar and other file compression tools, Nudi etc.; Types of Connectivity – LAN,

WAN, Internet; Resource sharing – Printers, Folders, Applications

Wired and Wireless connectivity; Introduction – Webpage, Website; Common Terms – World Wide

Web, Browser (Explorer, Chrome, Firefox); Search Internet – Search engine, Keywords; Enterprise

Application Architecture of Khajane II

Using Common

Desktop Applications

Theory - e-mail Policy

Theory and Practical - Word

Theory and Practical - Power point; Nudi

Theory and Practical - Excel

Theory and Practical - Open Office; Outlook

Information System

Security

Theory and Practical - Managing a computer system; Use of licensed software; Auto update of OS

security patches and Antivirus patches; Web browser to be updated with latest patches; File / Folder

Management and taking back up & Archival; Password Management (Weak and Strong passwords)

Theory and Practical - Information System Management and Relevant Standards; Crisis Management

Plan (Back up Mechanism, Archival Mechanism); Crisis Management plan- expectations; Threats to IT

systems, Dos and Don’ts, Best practices and Troubleshooting; - IT Act 2000 and its importance in

Government system (Key provisions of various Acts and acts related to G2G & G2C)

Theory and Practical - Legal Framework- IT act with special reference to certain sections like 11

and 20

Theory and Practical - Cyber Security, Threats/risks to IT environment

Theory and Practical - Digital Signature Certificate, Electronic Signature

Theory and Practical - Biometrics

e-Governance and

common e-

Governance

applications

Overview of e-governance in Karnataka; Important e-initiatives in GoK; Presentation on e-

procurement

Demonstration on e-procurement

Presentation on HRMS

Aaadhar - Leveraging Aaadhar for Public Service Delivery

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(2)

(3)

(4)

(5)

(6)

Common IT

Infrastructure

KSWAN; SDC; Facility Management Services (Annual Maintenance Contract etc. with SLA monitoring

tools focus on Vendor Management and Contract Management)

Total

Organizational

Behavior and Human

Resource

Management

Introduction to OB &

Human Resource

Management

concepts

• Introduction to Organizational Behaviour

o Definition, Need and Scope.

• Key elements of Organizational Behaviour

People, structure, technology and environment.

• Basic approaches of Organizational Behaviour.

• Personal Effectiveness, Creativity & its Analysis for behavioural changes.

• Management Functions

• Roles & Responsibilities of Officers, with respect to development of their subordinates for achieving

effectiveness in delivery of services.

Personality and

dynamics of

Interpersonal

relations

Personality

• Introduction

• Factors influencing Personality

• Personality determinants

• Personality types

• Key Personality traits relevant to work place.

Attitude:

• Components, Sources and Formation

• Transactional analysis

• Positive attitude and its impact on the organization

• Negative attitude and impact on working conditions in the organization

• Attitude and work culture

Communication &

Presentation Skills



Introduction to Communication



Communication Process



Types of Communication



Verbal and Non verbal communications

Time and Stress

Management



Introduction

Ø Management of time

Ø Management of Stress

Ø Organizational role Stress

Ø Stress coping strategies by individual

Ø Stress coping strategies at organization level

Ø Time management & Work-Life Balance

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(1)

(2)

(3)

(4)

(5)

(6)

Decision Making,

Motivation



Introduction to Decision Making

Ø How to make a decision and what principles should guide your thinking

Ø How to use technology to improve decision

Ø How can you implement decision successfully

Ø Fundamentals of Motivation

Ø What makes people work harder, smarter and more effectively?

Ø How to tap your employee’s intrinsic motivation?

Matching a person and a job

Leadership and Team

Building

Introduction to leadershipØ Characteristics of a Leader Ø How to be an effective leaderØ Laws of

Leadership Ø Traits that predict leadership/ Situations of derail leadershipØ How to design your team?

Ø Why is teams important than individual? Ø How to set direction to the team? Ø How to run effective

meeting?

Group Behaviour and

Conflict Management

Ø Group Structures

Ø Group Process

• Group Synergy, Group Cohesion and Group Decision Making

Ø Conflict Process

Ø Types of Conflict

Ø Sources of Inter-group Conflict

Ø Conflict Management Techniques

Change Management

Introduction

Ø Overview of Change process

o Complexity and inevitability of changes

Human Asset/

Resource

Management

Key component areas of Human Asset Management

Introduction to Human Asset Management

• Role Efficacy

• Values and Ethics

• Training and Development

• Mid-career Crisis and Counseling

Total

Public Financial

Management

Public Accountability

- Introduction and

Framework

i. Definition of Public Financial Management and Public Accountability (PA)

ii. Concept and core principles of PA

iii. Framework of PA in India – Constitutional provisions, CAG, Committees of the Legislature and

Parliament, Government audit

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(1)

(2)

(3)

(4)

(5)

(6)

Budget

a. Budget process/calendar

b. Budget documents- Appendices A, B, E, etc

c. Budget presentation in legislature- Finance bills, cut motion, token provision, vote on account,

appropriation bill, demand for grants,

d. preparing estimates at department level, non-salary expenditure, re-appropriation, surrender of

grants, revised estimates and supplementary grants (Forms and formats for the same to be

introduced)

Budgeting – Practical session

Fiscal Management

1. Introduction to Fiscal Management and the role of DoT in Fiscal Management of the state

2. i. Various Khajane 2 modules pertaining to cash/non cash transactions – Cash Management, Fiscal

Management, Expenditure tracking, Budget Control, Assets-Liabilities, Audit Monitoring, Non Treasury

Transactions

ii. Consolidation, aggregation and reporting of receipts/payment data

iii. Deposits

Cash Management

1. Definition of and Processes involved in Cash Management

2. Treasury Bill expenditure Management

Government Finance

Structure

i. Govt. Finance Structure – Consolidated fund of the state, Contingency fund, Public account

ii. Form and structure of Govt. accounts - LMMH

iii. National Accounts Statistics (NAS)- Macroeconomic aggregates

Government

Accounting

Finance Accounts, Appropriation Accounts and Monthly Civil Accounts

CSS/CPS Accounting

PRIs and Local

Bodies Accounts

ULBs – Budget preparation & accounting system

PRIs - Constitutional framework, sources

Government

Accounts

Expenditure Accounts – PWD accounts

Financial Management of PSUs

GPF Rules

Karnataka General Provident Fund Rules 1957

ii. Advances, partial withdrawal and final withdrawals

iii. GPF HoA

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(2)

(3)

(4)

(5)

(6)

Audit Monitoring

AG Audit, Inspection report, Draft notes, Audit paras, compliance to audit paras, PAC, COPU, CoLB,

action taken report

Mock PAC session

How to detect Frauds

Total

Project Management

Objective of the

training program and

overview of Project

Management

Definition of Project, What is Project, Project Characteristics, Project Success, Project Failure, Typical

Life Cycle of a Project, Triple Constraint Theorem, Importance of Project Management, Project

Management Philosophy

Project Initiation –

Necessity, Identifying

Project stake holders,

assumptions and

Constraints

Project – Evolution, Government Project Evolution, Project Charter-Project Managers, Goals vs.

Objective. Project Sponsor, Team exercises.

Defining scope of

project

Project Scope Management, Project Scope Process, Project Scope Statement

Work Break Down

Structure & its

relevance

Create WBS, Validate Scope, Control Scope, Work Break Down Structure, Work Breakdown Structure

Dictionary, WBS & Project Management, Construction of WBS, Exercise

Time and cost

requirements of

schedules

Project Cost Management , Classification of Cost, Project Cost Management, Estimate Costs,

Determine Budget, Control Costs, Earned Value Management, Management – Variance, Value

Management – S Curve, Value Management – Forecasting, Exercises

Fast tracking and

crashing of schedule

Project Schedule Analysis – Critical Path Method, Fast Tracking & Crashing of Project Schedule

Project Team

management and

Quality control in

Project Management

Appropriate Teams, Conduct team Building Exercises, Creating Effective Teams, Making the teams to

come up with high performance goals, and make them accountable for results. Quality control in

Project Management.

Project Risk

Management

What is Risk, Project Predictability, Personal attitude to Risk, Risk Management Process, Risk

Identification, Risk Breakdown Structure, Perform Qualitative & Quantitative Risk Analysis. Plan Risk

Responses, Monitor and Control Risks, Isolate areas of High Risk-Team Exercise

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(2)

(3)

(4)

(5)

(6)

Integrating Changes

and Change

Management

procedure

Perform Integrated Change Control, Integrated Change Control Major Activities, Integrating changes

and Change Management

Project Plan

Preparation- Group

exercises

Develop Project Management Plan, Develop plans for all elements of the project, Integrate all sub-

plans to an integrated project plan.

Participants in predetermined groups are required to prepare project plan for the allotted projects, by

integrating the various exercises carried out in earlier sessions.

Project closure,

clearances,

documentation –

technical, legal and

statutory

compliances.

Project closure – Major Activities, Perform a Closeout Review.

Group activities by participants

Presentation of

Project plans by the

teams

Participants in predetermined groups present the project plans.

The Karnataka

Transparency in

Public Procurements

Act (KTTP), 1999 and

KTPP Rules 2000

Introduction to procedures in Public Procurement

Ø Introduction to KTPP Act, Historical background, salient features of the Act

Ø Detailed discussions on the Standard Tender Documents

Ø Procurement Reforms- e Procurement

Ø KTPP Rules 2000

Contract

Management

Relevant provisions of the Indian Contract Act, 1872 and laws having implications on government

contracts and case laws.

Contract Management- Post contract monitoring, Mechanisms for resolution of disputes in government

contracts

Total

Leadership and

Managerial skills.

Introduction to

Leadership &

Managerial skills,

Expectations from

the participants



Definition of Leadership, Managerial skills



Identify the key elements of Leadership & Managerial skills.



Core competencies & qualities of Leadership.



Analysis of individual leadership styles and its corrections.



Description of Leadership skills required for officers to develop their subordinates for achieving

effectiveness in delivery of services.



Descriptions of those factors required for knowing self and others

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(1)

(2)

(3)

(4)

(5)

(6)

Foundation of

Leadership



Description of the Foundation of Leadership.



Identify the key elements of Leadership & Managerial skills.



Core competencies, for Effective Leadership.



Analysis of individual leadership styles and its corrections.



Description of Leadership skills required for officers to develop their subordinates for achieving

effectiveness in delivery of services.



Description of those factors required for knowing self and others.

Basic qualities of

Leadership, Core

competencies.

Description of the Qualities of Leadership.

Identify the key elements of Leadership & Competencies.

Core competencies.

Analysis of individual leadership style and Plan to modify it to be effective.

Description of Leadership skills required for officers to develop

Competencies in their subordinates

Learning about self

and others



Description of the terms Openness, proactivity, receiving feedback, perceptiveness.



Identify the key elements required for understand self.



Core competencies, required for understanding others.



Analysis of their own Behavioral style and modify it to Assertiveness.



Description of qualities required in a Leaders to develop their subordinates by understanding

their contributions

Leadership

Potentials,

Facilitation &

Mentoring skills



Description of Facilitation,



Process of Mentoring.



List the qualities required for Facilitation & Mentoring.



Explanations & Demonstration of the Facilitation & Mentoring situations.

Introduction to

Process & Quality



Description of the purpose of RFD



State the factors that determine the Process & quality.



Description of lean thinking system, six sigma philosophy

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(2)

(3)

(4)

(5)

(6)

Improvement of

quality in delivery of

services



Description of lean thinking system, six sigma philosophy.



Identify the tools used to measure, analyze, improve & control the results achieved by RFD.



Identify the relevance and importance of Lean thinking, Six sigma tools and ISO 9000 standards

for the functioning of the department

Conflict Management,

Negotiations



Description of Conflicts & Negotiation.



List the key Personality traits relevant to work Behaviour, Conflict management.



Description of the process and steps in Negotiations.



Explain the relevance of using the Negotiation concept with reference to the performance of their

work force

Out Bound Training

(Visits to centers of

excellence)



Description of the term Team Building



List the components and sources of Problem solving



Description of the aspects of Strategic management and its relevance in achieving the vision of

the government.



Identify behaviors that create a positive or negative environment.



Recognize the issues that influence Decision making.



(Other objectives to be included after finalization of out bound training centre)



Team Building



Problem solving



Strategic Management



Decision Making, etc

(2 days)

Reflection about

Facilitation &

Mentoring



Description of how facilitation can be done by reflection to their role.



Explain the various processes involved in understanding situation.



Description of how they will develop their subordinates for efficient services.



Identify barriers and situations that can hinder departmental activities

Reflection about

conflict management,

& Developing

subordinates



Explain the various process conflict management



Description of how they will develop their subordinates for efficient services.



Identify barriers and situations that can hinder departmental activities.



Identify the key components of Individual Plans to lead a team of officers.



Reflect the learnings to their roles and realize the aspects required for modification of their

behavior for effective leading in organizations

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(1)

(2)

(3)

(4)

(5)

(6)

Out bound training

Reflections &

Individual plans



Identify barriers and situations that can hinder departmental activities.



Present their Individual Plans to lead a team of officers.



Reflect the learnings to their roles and realize the aspects required for modification of their

behaviour and plan, organise accordingly

Total

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)

Sl.

No.

Posts

Core training modules mandatory for promotion *

(Details given in Schedule-II)

Duration

(No. of

days)

No. of refresher courses

mandatory for promotion

each of 3 days duration **

(1)

(2)

(3)

(4)

(5)

Gr.D

Group ‘D’

Office procedure and basic service rules

ii) Primary Treasury Operations 1 and 2

Gr.C

Second Division Assistant

Treasury Operations

ii) Financial Codes governing Treasuries

iii) Law and Service Rules

First Division Assistant

i) Treasury Operations

ii) Financial Codes governing Treasuries

iii)

Law and Service Rules

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(1)

(2)

(3)

(4)

(5)

Head Accountant

Treasury Operations

ii) Financial Codes governing Treasuries

iii) Law and Service Rules

Gr.B

Assistant Treasury Officer

Treasury Operations 1

ii) Financial Codes governing Treasuries

iii) Law and Service Rules

Gr.A

Assistant Director

Treasury Operations 2

ii) Information and Communication Technology

iii) Organizational behavior and Human Resource Management

Deputy Director

Public Financial Management

ii) Project Management

Joint Director

Leadership and Managerial skills

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

SC-300

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

G. Shashidhar

Under Secretary to Government,

Finance Department. (Admn. & Adv.)

216

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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 06

th December 2016 of the daily newspapers, has been extended till

03.02.2017.

P.R. 61

S.C. 50

By order and in the name of the Commission of Inquiry

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-

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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.

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.

(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.

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.

: Chairperson

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(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.

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(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-

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.

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SCHEDULE

(see rule 3)

Category of post and scale of pay

No.of posts to be filled

Minimum Qualification

(1)

(2)

(3)

Veterinary Officer ( ` 28100-50100)

100 (Backlog) and 450

Must be holder of a B.V.Sc and A.H degree with a

minimum of fifty percent of marks from any

University of Veterinary Sciences or University of

Agricultural Sciences established by law in India.

Must have Registered his name in the Karnataka

Veterinary Council as per the Veterinary Council Act,

1984.

P.R. 62

SC-100

By Order and in the name of the Governor of Karnataka

D.S.Sudarshan Kumar

Under Secretary to Government,

Animal Husbandry and Fisheries Department,

(Animal Husbandry).

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

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