THE KARNATAKA STATE CIVIL SERVICES ACT, 1978

KARNATAKA ACT No. 14 OF 1990

Received the assent of the President on the Twelfth day of July 1985

An Act to regulate the recruitment and the conditions of service of persons appointed to Civil Services of the State of Karnataka and posts in connection with the affairs of the State of Karnataka. WHEREAS under clause (2) of Article 187, clause (2) of Article 229 and Article 309 of, and under entries 3 and 41 of List II of the Seventh Schedule to, the Constitution of India, the Legislature of the State may by law regulate the recruitment and the conditions of service of persons appointed to public services and posts in connection with the affairs of the State of Karnataka and to the Secretariat staff of the Houses of the Karnataka State Legislature; and the conditions of service of officers and servants of the High Court of Karnataka; AND whereas it is expedient to make a law for the aforesaid matters and for other

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S.1 Short title and commencement1

(1) This Act may be called The Karnataka State Civil Services Act, 1978.

(2) It shall come into force on such 1date1 as the State Government may, by notification, appoint.

1. Substituted by Act 37 of 1991 w.e.f. 30.5.1990.

1. Act came into force 2.4.1992.

S.2 Definitions

In this Act, unless the context otherwise requires,-

1(1) "Board" means the Board consisting of the Chairman of Legislative Council and the Speaker, Legislative Assembly;

1(1a) "High Court" means the High Court of Karnataka ;

(2) "Legislature" means the Karnataka State Legislature ;

(3) "Public Service" means a civil service of the State and includes a civil post under the State, the Secretarial staff of the Houses of the Legislature and the officers or servants of the High Court ;

(4) "rules" means the rules made or deemed to have been made under this Act ;

1(4a) 'Special Board' means the Board consisting of Chief Minister, the Chairman of Legislative Council, the Speaker of Legislative Assembly, the Minister-in-charge of Parliamentary Affairs and the Minister-in-charge of Finance.

(5) "State" means the State of Karnataka.

1. Inserted by Act 37 of 1991 w.e.f. 10.12.1991.

1.

S.3 Regulation of recruitment and the conditions of service

(1) Subject to the provisions of this Act, the State Government, may, by notification, make rules,-

• (a) specifying the different categories of posts in the different branches of public services of the State, the total number and nature of posts in each such category and the scale of pay admissible to each such category;
• (b) for regulation of recruitment and conditions of service of persons appointed to public services;

1Provided that in respect of the officers and servants of the High Court the powers of the State Government under this sub-section, shall be exercised by the Chief Justice of the High Court:

Provided further that in respect of the Secretariat Staff of the Houses of the Legislature, the powers of the State Government under this sub-section, shall be exercised by the Special Board.

1(2) The power to make rules conferred by sub-section (1) shall be subject to the following conditions, namely:-

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S.4 Reservation of appointments and posts

In all cases of recruitment to public services there shall be reservation of appointment or posts in favour of members belonging to Scheduled Castes, Scheduled Tribes and other Backward classes of citizens to such extent and in such manner as may be determined from time to time by the State Government.

S.5 Provisions relating to disciplinary proceedings

(1) The State Government may, by notification, invest any authority or officer authorised by any law or the rules made or deemed to have been made under this Act to make an inquiry into the conduct of any member of public service with the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely :-

• (a) summoning and enforcing the attendance of any person and examining him on oath;
• (b) requiring the discovery and production of any document ;
• (c) receiving evidence on affidavits ;
• (d) requisitioning any public record or copy thereof from any court or office;
• (e) issuing commissions for the examination of witnesses or documents;
• (f) any other matter which may be specified in such notification :

1Provided that in respect of any inquiry against the officers and servants of the High Court or the Secretariat Staff