Rule, 2022

Text

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GOVERNMENT OF KARNATAKA

No. DPAR 153 SRR 2020 Karnataka Government Secretariat, Vidhana Soudha, Bangalore, Dated: 19.04.2022.

NOTIFICATION

Whereas the draft of the Karnataka Civil Services (Probation) Rules, 1977, was published as required by clause (a) of sub-section (2) of section 3 read with section 8 of the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990), in Notification No. DPAR 153 SRR 2020, dated 03.03.2022 in Part IV-A (No.94) of the Karnataka Gazette Extraordinary dated 3rd March 2022 inviting objections and suggestions from persons likely to be affected thereby within fifteen days from the date of publication of draft in the Official Gazette.

Whereas, the said Gazette was made available to the public on 3rd March And, whereas no objections and suggestions have been received in this behalf 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 makes the following rules, namely:-

RULES

1. Title and Commencement: (1) These rules may be called The Karnataka Civil Services (Probation) (Amendment) Rules, 2022.

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

2. Amendment of rule 5.- In the Karnataka Civil Services (Probation) Rules, 1977, in rule 5, in sub-rule (2), the following proviso shall be inserted at the end, namely,- “Provided that, if a Government servant who has ceased to be in service on or before the date of commencement of the Karnataka Civil Services (Probation) (Amendment) Rules, 2022 or ceases to be in service after the said date on account of retirement on attaining the age of superannuation before an order is issued by the Appointing Authority declaring satisfactory completion of the period of his Probation under clause (a) of sub-rule (1) or discharging him under clause (b) of sub-rule (1) or discharging him during the period of probation under rule 6, the period of his probation shall be deemed to have been extended till the date of his retirement on attaining the age of superannuation, as the case may be, and it shall also be deemed to have been declared as satisfactorily completed as on that date for the purpose of pension only:

Provided further that, appointing authorities shall not delay in issuing orders with regard to declare satisfactory completion of period of probation by a probationer under clause (a) of sub-rule (1) or discharging him under clause (b) of sub-rule (1) or discharging him during the period of probation under rule 6, as the case may be. For this purpose, the Appointing Authorities shall regularly monitor pending cases where such orders are required to be issued and take timely action to issue the same.

Provided also that, no appointing authority shall make use of the provisions of first and second proviso as pre-instance after the date of commencement of the Karnataka Civil Services (Probation) (Amendment) Rules, 2022.” By Order and in the name of the Governor of Karnataka, (Veerabhadra) Under Secretary to Government, Department of Personnel & Administrative Reforms, (Service Rules-1).

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Karnataka State Civil Services Act, 1978