GOVERNMENT OF KARNATAKA THE KARNATAKA CIVIL SERVICES RULES FINANCE DEPARTMENT DECEMBER – 2017 PREFACE T0 THE SEVENTH EDITION The Government has brought out the seventh edition of Karnataka Civil Services Rules, originally issued in Government Notification No.FD 53 COD 58 dated the Ist March, 1958. This Edition embodies the amendments issued upto Correction Slip No.1283 dated 20.03.2017.
2. Finance Department may be consulted whenever there is a doubt regarding the effective date for operation of amendments. Any suggestions for improvement will be welcome and will be considered for incorporation in the next edition.
Bangalore, Dated:- 12-12-2017 I.S.N.PRASAD Additional Chief Secretary to Government, Finance Department.
THE KARNATAKA CIVIL SERVICES RULES VOLUME – I CONTENTS
CHAPTER RULES PAGES
PART I – General I General and Definitions 01 to 8 01 to 20
PART II - Pay and Allowances II General Conditions of Services 09 to 30 2 1 to 38 III Regulation of Emoluments 31 to 62A 39 to 74 IV Deputation outside India 63 t o 65 75 to 78 V Combination of Appointments 66 to 70 79 to 85 VI Compensatory Allowances 71 to 75 86 to 87 VII Joining Time 76 to 90 88 to 97 VIII Service on deputation under the Government of India, Local Authority and Co-operative Institu tions 91 to 94 97 IX Compulsory Retirement 95 to 96 98 to 99 X Dismissal, Removal and Suspension 97 to 104 100 to 112
PART III – LEAVE XI Main Rules 105 to 142 113 to 142 XII Subsidiary Rules 143 to 173D 143 to 153 XIII Procedure relating to leave 174 to 196 154 to 167 XIV Payment of Leave Allowances 197 to 206 168 to 171
PART IV - Ordinary Pension XV General Rules 207 to 219-B 172 to 182 XVI Conditions of qualifying service 220 to 243 183 to 199 XVII Rules for reckoning service 244 to 257 200 to 207 XVIII Conditions for grant of Pension 258 to 286 208 to 222 XIX Amount of Pension 287 to 302 223 to 254 XX Re-employment of Pensioners 303 to 320 255 to 269 XXI Applications for and sanction of Pensions 321 to 353 270 to 291 XXII Payment of Pension 354 to 375 292 XXIII Commutation of Pensions 376-383A 293-297
PART V - Extraordinary Pension XXIV Extraordinary Pension 384-395 297
PART VI - Maintenance of Records of Service XXV Maintenance of Records of Service 396-415 298-3 07
PART VII - Foreign Service Rules XXVI Foreign Service Rules 416-448 308-332
PART VIII - Travelling Allowance XXVII General Rules 449-465 333-346 XXVIII Mileage Allowances 466-489B 347-360 XXIX Travelling Allowance for journeys on tour 490-531 361-391 XXX Travelling Allowance for journeys on Trans fer 532-540 392-412 XXXI Other Journeys 541-571A 473-448 XXXII Rules of Procedure 572-577 449-452 APPENDIX Appendices Page No I List of Officers declared to be Heads of Departments 453-457 II Facilities available for study or training outside India 458-489 II-A Rules regulating deputation of or grant of study Leave to Govt. servants for prosecution of special course of study consisting of higher studies or specialised Training within India.
490-493 III Rules regulating the grant of compensatory allowances and passages during periods of deputation outside India 496-499 IV Licence fee rules for Government buildings used as residences 500-524 V List of Officers whose T.A. Bills as well as their Establishments do not require Countersignature 525 VI Karnataka Civil Services (Deputation for Prosecution of Higher Studies and Training Leave to Group A Officers) Rules, 2008.
526-535 VIA Bond to be executed by the officer proceeding on study leave 536-539 VIB Procedural instruction for making application for deputation to study and grant of such benefit 540-542 FORM Page No I Leave Account 543-544 I-A Form of Application for leave 545-546 I-B Formal Application for Pension 547-554 2-5 Nomination for Death-cum-Retirement Gratuity 555-562 6 Deleted by NO. FD 04 SRA 2000, dt: 4-1-2003 (w.e.f. 1-4-1998) 562 7 Application for Ordinary Pension or Gratuity and Death-cum-Retirement Gratuity 563-569 7-A Form of Sanctioning Pension 570-572 7-B Deleted by No. FD 51 SRS dated 3-11-78 (w.e.f. 9-11-1978) 572 8 Form of Bond of Indemnity for drawing the Death-cum-Retirement Gratuity due to a deceased Government servant 573-574 8-A Payment of Death-cum-Retirement Gratuity to a Minor 575-577 9 Deleted by No. FD 4 SRA 2000 dt: 4-1-2003 (w.e.f. 1-4-1998) 578 10 Deleted by No. FD 65 SRS 63, dt: 16-4-1964 578 11 Form forwarding Pension papers of Government servants 579-581 11-A Register to watch the settlement of pensioner benefits of a Retired/Deceased /Invalidated Government Servants 582-583 12-17 Deleted by FD 1 SRA 97, Dt: 23-4-1998 (w.e.f.
15-10-1998) 583 18 Form of Service Book. 584-596 19 Bond to be executed by a Deputationist who are Government Servant 597-599 19-A Bond to be executed by Government Servant proceeding on study leave 600-602 20 Form of Application for Leave Travel Concession for journey to any place in India.
603 21 Certificate (under Rule-329-A) (Non-gazetted officers) 604 21-A Certificate (under Rule-329-A) (gazetted officers) 604 ANNEXURES Page No A Rules regulating the payment of Travelling Allowance to Non-Official Members of Committees, etc.
605-615 B Rules regulating the grant of Casual Leave in respect of Karnataka Govt. Servants 616-634 C Deleted by No. FD 8 SRA 2000, dt: 12-8-2003 (w.e.f. 18-8-2003) 635 Index 636-650 THE KARNATAKA CIVIL SERVICES RULES NOTIFICATION No. FD 53-C.O.D. 58, dated lst March 1958.
In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Karnataka he reby makes the following rules, namely :-
PART I –GENERAL
1. Title and Commencement :-(1) These Rules may be called the Karnataka Civil Services Rules. 1[xxx]
(2) They shall come into force from the first day of April 1958.
2. Application:- 2[(1) Save as otherwise provided in these Rules, thi s shall apply to all the persons appointed to Civil S ervices and serving in connection with the affairs of the State of Karnata ka.]
(2) Notwithstanding anything contained in sub-rule (1), these Rules shall not apply to -
(i) Persons employed in Industrial Under takings of the Government;
(ii) Persons in casual employment;
(iii) Persons subject to discharge from se rvice on less than one month’s notice;
(iv) Persons for whose appointment and oth er matters covered by these Rules, special provisions are made by or under any law for the time being in force, or in any contract in regard to the matters covered by such law or such contracts; and
(v) Members of the All India Services.
1.Deleted by No.FD 41 SRS 60,dated 01.11.1960 (wef.10.11.1960)
2.Substituted by No. FD 05 SRA 2012 dated 29.01.2014 (wef 30.01.2014) 2 1[2A.xxx] 1[2B.xxx] 2[2C Notwithstanding anything conta ined in sub rule (1) of rule 2, part IV of these rules, shall not be applicable to new recruits to State Government service joining on or after 1st April 2006.]
3[3. Repeal and Savings:-
(i) The Karnataka Civil Services Interpretation Rul es,1957;
(ii) The Karntaka Pay and Allowances Rul es, 1957;
(which came into force from 1.12.1957)
(iii) The Karnataka Leave Rules,1957;(which came i nto force from 1.10.1957).
(iv) The Karnataka Pension Rules, 1957; (which cam e into force from 1.9.1957).
(v) The Karnataka Commutation of Pension Rules , 1957;
(which came into force from 1.9.1957).
(vi) The Karnataka Extraordinary Pension Rules,195 7;
(which came into force from 1.9.1957).
(vii) The Karnataka Government Servants’ Maintenanc e of Records of Service Rules, 1957; (which came into f orce from
1.11.1957).
(viii)The Karnataka Government Servants (Foreign Se rvice Rules,1957); (which came into force from lst Novemb er, 1957)
(ix) The Karnataka Travelling Allowance Rules,1957; (which came into force from 1.9.1957) and
1. Omitted by No. FD 05 SRA 2012 dated 29.1.2014 (w ef 30.1.2014)
2. Inserted by No. FD 2 SRA 2010 dated 19.11.2010 (wef 22.11.2010.)
3. Substituted by No.FD 315 SRS 58 dated 22.12.1958 ( wef 31.1.1959) 3
(x) Any rule or order corresponding to any rule in the Karnataka Civil Services Rules 1958, made either under the priviso to Article 309 of the Constitution, or in exercise of any power by any co mpetent authority are hereby repealed, to the extent to which the provisi on of any of these rules is applicable to the persons referred to in Rule 2 :
Provided that any order issued, anything done or an y action taken under any provision of any of the rules or orders repeale d by this rule shall be deemed to have been issued, done or taken under the corresponding provisions of these rules.
All rules made under the proviso to Article 309 of the Constitution of India and all other rules and orders made by any co mpetent authority, in force before the lst day of April. 1958, other than the r ules and orders repealed by rule 3 of the Karnataka Civil Services Rules 1958, as substituted by rule 2 of these rules, shall subject to any amendments made t o the said rules and orders on or after 1st April 1958, be deemed to hav e continued in force on and after 1st April 1958, as if rule 3 of the Karnataka Civil Services Rules, 1958, as originally made had never been made; and any order issued, anything done or any action taken under any such rule or order on or after the first day of April, 1958 shall be deemed always to have been validly is sued, done or taken under such rule or order as if such rule or order were in force at all relevant times, and no order issued, anything done or action taken under any such rule or order shall be called in question on the ground tha t such rule or order was not in force at the relevant time.]
1[3A [xxx] 1[4. [xxx] 1[5. [xxx]
6. 1[xxx] The claim of a Government servant to pay and allowances, including travelling allowances, is regulated by the rules in force at the time at wh ich the pay and allowances are earned; to leave, by the
1.Omitted by No. FD 05 SRA 2012 dated 29.01.2014 ( wef 30.01.2014) 4 rules in force at the time lea ve is applied for and granted and to pension, by the Rules in force at the time when the Government servant retires or is discharged from the servic e of Government.
7. Where the State Go vernment is satisfied that the operation of 1[these rules causes undue hardship] in any particular case it may, by order dispense with or r elax the requirements of that Rule to such extent and subj ect to such conditions as it may consider necessary for dealing with any case in a just and equitable manner.
2[7A xxx] 3[7B. Officers appointed to be in charge of the current duties of a post shall be competent to exercise all administrat ive and financial powers vested in the regular incumbent of that post.
Such an officer should not however modify or over- rule the orders already passed by the regular incumbent of t he post except in emergency without obtaining the orders of the next higher authority.]
1.Substituted by No.FD 10 SRA 2005, dated 11.7.200 6.(wef 14.7.2006)
2.Deleted by No.FD 34 SRS 61 dated 25.8.1964 (wef 1 7.9.1964).
3.Inserted by No.FD 41 SRS 67 dated 8.3.1967 (wef 2 3.3.1967) 5
PART- I
CHAPTER I DEFINITIONS
8. In these rules, unle ss the context otherwise requires,-
(1) ‘ABSENTEE’ :- means a Government servant abse nt from an appointment on which he has a lien, either on leave or on deputation to another appointment, whether permanen t or temporary or on special duty unconnected with his o wn appointment or on joining time during transfer to a nother appointment or under suspension;
Note - A Government servant under suspension is an absentee if the suspension is confirmed.
1[(1A) ‘Allotment’ :- means grant of licence to a Government Servant to occupy a house owned, leased or requisitioned by the Government or a portion thereo f, for use by him as residence.]
(2) Actual Travelling Expenses :- “Actual Travellin g Expenses” means the actual cost of transporting a G overnment Servant, with his servants and personal luggage inc luding charges for ferry and other tolls, if paid, and for carriage of camp equipment (if necessary). It does not include charg es for hotels, dak bungalows, or refreshments, or for the carriage of stores or conveyances, or for presents to drivers, and the li ke, or any allowance for such incidental losses of expenses as the breakage of crockery, the wear and tear of furniture, the en tertainment of domestic servants;
(3) Age:- When a Government servant is required to retire, revert or cease to be on leave, on attaining a spec ified age the day on which he attains that age is reckoned as a non-w orking day, and the Government servant must retire, revert or c ease to be on leave (as the case may be) with effect from and inc luding that day;
2[(4) xxx]
(5) ‘Audit Officer’ means the Accountant General, Karnataka.
1. Inserted by No. FD 83 SRS 68 dated 19.1.1970 (wef 7.3.1970).
2. Deleted by No. FD 25 SRS 80 dated 23.5.1980 (wef 5.6.1980).
6 1[(5-A) ‘Authorised Medical Attendant’ means-
(i) in respect of a Government servant whose pay is not less than Rs.500/-per mensum and in the case of an officer of Class 1 Service irrespective of his emoluments, the Civil Surgeon or the Principal Medical Officer appointed by the G overnment to attend to its officers in the station.
(ii) in respect of a Government serva nt whose pay is less than Rs. 500, Medical Officer, Class II, similarly appointed]
(6) ‘Average pay’ means the average mon thly pay earned during the 2[ten complete months] immediately preceding the month in which the event occurs which necessitates the calculation of average pay:
Provided that in respect of any period spent on deputation out of India, the pay which the Governme nt servant would have drawn, if on duty, in India, shall be su bstituted for the pay actually drawn.
Note 1 - According to the definition of ‘average pay’ in this Rule the average is to be taken of the monthly pay earned during the 2[10] complete months immediately preceding the mont h in which the leave is taken, and for this purpose the 10 complete months immediately preceding should be interpreted literally.
3[Thus a Government servant who has been on leave fr om the 23 rd March 1965 to 22 nd July 1965 inclusive, is granted leave from the 4 th November, 1965, his average pay should be calculated on the pay earned for the periods lst Ja nuary 1965 to the 22 nd March 1965 and 23 rd July 1965 to 31 st October 1965.] If however, a Government servant happens to have been on leave for more than 10 months immediately proceeding the month in which the leave is taken, then the average should be taken of the monthly pay earned during the 10 complete months im mediately preceding the month in which the previous leave com menced.
1. Inserted by No.FD 18 SRS 61 dated 6.5.1961 (wef 8.5.1961).
2. Substituted by No.FD 70 SRS 61 dated 22.9.1961 (wef 1.10.1961).
3. Substituted by No.FD 120 SRS 66 dated 2.3.1967 (wef 23.3.1967).
7 Note 2 - In the case of a Government servant of vac ation department, the vacations falling in the period of 10 complete months immediately preceding the month in which lea ve is taken should be treated as duty and the pay drawn by the Government servant during the vacations should be treated as p ay drawn on duty and should therefore be taken into account in determining his leave salary during the succeeding leave.
Note 3 - In the case of a Government ser vant of the vacation department both prefixing and affixing lea ve to a vacation, the leave salary for the leave affixed sh ould be calculated on the pay drawn by the Government serva nt during the ten complete months preceding the commencement of his leave.
Note 4 - The term ‘month’ in this rule means ‘calendar month’ as in Rule 8(30).
(7) ‘Cadre’ means the strength of a service or part of a service sanctioned as a separate unit;
(8) ‘Camp Equipage’ means the appara tus for moving a service camp;
(9) “Camp Equipment” means tents and t he requisites for pitching and furnishing them or where tents are not carried such articles of camp furniture as it may be necessary i n the interest of the public service for a Government servant to carr y with him on tour;
(10) “Class and Grade” - Appointments a re said to be in the same ‘Class’ when they are in the same departme nt, and bear the same designation, or have been declared by Gove rnment to be in the same class. Appointments in the same clas s are sometimes divided into ‘Grades’ according to pay;
Note - Appointments do not belong to t he same Class or grade unless they have been so constituted or recog nised by Government.
8 A ministerial officer may be appointed to act for a nother ministerial officer in the same office whose pay is higher than his own subject to rules governing such appointments.
(11) ‘Continuous Service’ means the service of a Government servant from the beginning of his servic e, without any break. Only leave with allowances will be inclu ded in continuous service.
1[(11-A) ‘Class or Group of Services’ means the cla ss or group of Civil Services as classified in rule 5 o f the Karnataka Civil Services (Classification Control and appeal) Rules, 1957].
(12) ‘Compensatory Allowance’ means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. 2[It includes travelling allowance and local allowance], but does not includ e a sumptuary allowance nor the grant of a free passage by sea to or from any place outside India;
(13) ‘Competent Authority’ in relation to the exerc ise of any power, means Government or any authority to which t he power is delegated by or under these rules;
(14) ‘Day’ means a calendar day, beginning and endi ng at midnight; but an absence from headquarters which do es not exceed 24 hours shall be reckoned for all purposes as one day, at whatever hours the absence begins or ends;
Note - A continuous journey occupying a period of t ime less than 24 hours, partly before and partly after midni ght, and ending before 3 [dawn] shall, for mileage under Rule 522, be regar ded as completed on the day preceding the midnight.
4[(14-A) ‘Dies-non’ means non-duty period or period not spent on duty.
Note,- The period treated as ‘dies-non’ will not co unt as service nor will it be construed as break in servic e.]
(15) Duty: ‘Duty’ includes:- 5[(a) service as a probationer, subject to the provi sions of the Karnataka Civil Service (Probation) Rules 1977) .
6[Note 1, Note 2, Note 3 xxx]
1. Inserted by No. FD 3 SRA 2009 dated 23.9.2010.(wef.24.9.2010)
2. Amended by No. FD 109 SRS 66 dated 4.1.1967.
3. Substituted by No. FD 112 SRS 58 dated 3.7.1958 (wef 1.4.1958)
4. Inserted by No. FD 6 SRA 99 dated 15-12-1999. (w.e.f. 20-1-2000)
5. Amended by No.FD 25 SRS 80 dated 23.5.80.
6. Deleted by No.FD 25 SRS 80 dated 23.5.80 9 Note 4 - Service as a local candidate 1[xxx] is to be treated as officiating or temporary service, for purposes o f grant of increments, leave, pension, etc.
(b) Joining time;
Note:- If a Government servant has hande d over charge of a post on receipt of the orders of transfer and if, i mmediately thereafter the orders of transfer are held in abeya nce or cancelled, the period of compulsory waiting between the date o f handing over charge and the date of resuming charge of the post should be treated as duty.
(c) a course of instruction or training authorized by or under the orders of Government;
2[Note 1-The time reasonably required by a Governmen t servant for the journeys between the place of train ing and his headquarters immediately before and after the perio d of training, should be treated as part of that period.]
3[Exception:- Government servants returning from abr oad whose period of deputation consists of only a perio d of duty under the rules in Annexure ‘B’ of Appendix-II may be granted joining time not exceeding 7 days irrespective of t heir places of postings.]
4[Note 2 - Where a Government servant deputed for tr aining is required to attend an interview and to wait for the result of the interview before actually joining the course of ins truction or training, the period intervening between, the date of interview and the date of actually joining the course of instruct ion or training may be treated as duty under special orders of Gove rnment.]
(d) the period occupied in appearing fo r an examination prescribed by Government in any regional language a t which a Government servant has been granted permission to a ppear, or in attending an obligatory departmental examination or in attending an examination which a Government servant must pass to become eligible for a higher post in any branch of the
1. Deleted by No. FD 209 SRS 58 dated 4.12.58 (wef 1.4.1958)
2. Substituted by No.FD 39 SRS 60 dated 8.7.1960 (wef 14.7.1960).
3. Inserted by No. FD 152 SRS 67 dated 5.3.1968.
4. Inserted by NO.FD 19 SRS 64 dated 7.7.1964 (wef 28.7.1964).
10 public service. 1[or attending the Kannada Typewriting or Kannada Shorthand Examinations conducted by the Dep artment of Public instruction] including the time reasonabl y necessary for going to and from the place of examination;
Provided that such period shall be deemed to be on duty only twice in respect of each obligatory examinatio ns;
Note - In cases where an examination is taken in interruption of leave or immediately after leave, t he time occupied in appearing for the examination, including the tim e necessary for going to and from the place of examination, shall b e treated not as duty but as leave. If the examination takes place i mmediately before leave, the leave shall be held to have comme nced from the date following that of the completion of the examin ation.
2[(e) XXX] 3[(f) the period spent by a Government servant await ing orders of posting after relief from a post under Go vernment or after reporting for duty on return from leave,. tra ining or deputation; provided such waiting is approved by Go vernment as unavoidable.
Note- The term deputation used in this c lause includes deputation on ‘foreign service’] 4[(g) the period spent by a Government servant, who is engaged or deployed temporarily on special duty by or under orders of the competent authority, including the ti me reasonably necessary to travel to and from the place of such s pecial duty.
Note - Deployment of a Government servant on specia l duty does not amount to transfer. A Government servant m ay be deployed on special duty by the Head of the Departm ent concerned temporarily for a period not exceeding on e month. ]
1. Inserted by No. FD 129 SRS 73 dated, 23.11.1973.
2. Deleted by No. FD 51 SRS 65 dated 15.7.1966.
3. Substituted by No.FD 150 SRS 68 dated 2.11.1968.
4. Substituted by No.FD 66 SRS 79 dated 15.11.1980 (wef 27.11.1980) 11 1[(h) the period spent by a Government Servant whose services are engaged by a delinquent Government ser vant in accordance with the provision of 2[Rule 11(8)] of the Karnataka Civil Services(CCA)Rules,1957.] in his defence in t he disciplinary proceedings instituted against him, in assisting th e delinquent Government Servant.]
3[(16) ‘Family’ means the wife or husband and legiti mate children including step children of the Government servant residing with and wholly dependent on the Governmen t servant and for the prupose of claiming travelling allowanc e for journeys on transfer, also, includes the parents residing wi th and wholly dependent on the Government servant.]
(17) “Fees” means a recurring or non-recurring pay ment to a Government servant from a source, other than the Consolidated Fund of the State or the Consolidated Fund of India or of other States, whether made directly to the Government ser vant or indirectly through the intermediary of Government b ut does not include,-
(a) unearned income, such as income from property, dividends and interest on securities;
(b) income from literary, cultural or artistic effo rts, if such efforts are not aided by the knowledge acquired by the Government servant in the course of his service;
4[Explanation - When the income referred to in claus e (b) above is the result of efforts aided by the knowled ge acquired by the Government servant in the course of his service , it is subject ,to the provisions of Rule 29. However, if such, in come is, derived from sale or royalties of a book written by the Gov ernment servant with the aid of the knowledge acquired by him durin g the course of his service and if such book is not a mere compi lation of Government rules, regulations or procedure, but rev eals the author’s scholarly study of the subject. Government may exempt such
1. Inserted by No. FD 103 SRS 74 dated 13.9.1974 (wef 9.1.1964).
2. Amended by No. FD 103 SRS 74 dated 25.2.1975 (wef 24.1.1974).
3. Substituted by No. FD 8 SRA 99 dated 2.6.2000.
4. Inserted by No. FD 88 SRS 60 dated 1.7.1960 (wef 14.7.1960).
12 income from the operation of Rule 29. The Departmen t concerned should furnish a certificate to the above effect wh ile recommending to Government relaxation of the said R ule in such cases.]
(18) ‘First Appointment’ includes the appointment o f a person not at the time holding any appointment unde r Government even though he may have previously held such an appointment,
(19) ‘Foreign Service’ means service in which a Gov ernment servant receives his substantive pay with the sanct ion of Government, from any source other than the Consolid ated Fund of the State;
1 [xxx] 2[(19-A) Foreign Service Allowances is an allowance granted by a foreign employer to a Government serva nt deputed to foreign service.]
3[Note. xxx]
(20) ‘A Gazetted Government Servant’ is one who is a member of an All India Service or State Civil Servi ce, 4[Group –A or Group- B] or a person appointed in accordance wi th the terms of a contract or agreement and whose appointment is Gazetted by Government;
(21) Heads of Department.- This term includes the officers mentioned in Appendix-I and any others whom Governm ent may from time to time declare to be Heads of Department s.
(22) ‘Holiday’ means a holiday prescribed or notifi ed by Government as such; and in relation to any particul ar office, includes a day on which such office is ordered to b e closed by a competent authority for the transactions of Government business without reserve or qualification;
1. Deleted by No. FD 86 SRS 66 dated 12.12.1966.
2. Inserted by No. FD 21 SRS 68 dated 08.04.1968.
3. Deleted by No. FD 52 SRS 73 dated 24.12.1973.
4. Substituted by No. FD 05 SRA 2012 dated 29.01.2014 (wef 30.1.2014) 13
(23) ‘Honorarium’ means a recurring or non-recurrin g payment granted to a Government servant 1[from the consolidated fund of the State] under whom he is employed or of any other Government in India as remuneration for work of an occasional or intermittent character;
2[(24) ‘Joining time’ means time allowed to a Govern ment servant to join a new post or to travel to a statio n to which he is posted;]
(25) ‘Leave Salary’ means the monthly amount paid by the Government to a Government servant on leave;
(26) ‘Lien’ means the title of a Government servant to hold substantively, either immediately or on the termina tion of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively;
3[Note - Government may permit a Government servant to retain a lien on a temporary appointment in special cases, such as absence on study or training outside India. Attenti on is also invited to 4 [Note 4 under clause (f) of Rule 20] and to Rule 4 23.]
5[(27) Local Allowance:-A ‘Local allowance’ is an al lowance granted in consideration of exceptional local circu mstances, such as the unhealthiness or expensiveness of the l ocality;
Note - Project Allowance granted to the staff of th e Public Works Department and other Departments attached to construction projects (Irrigation or Power Projects ) is a local allowance granted on account of the expensiveness o f the locality.]
1. Substituted by No. FD 184 SRS 59 dated 8.9.1959 (wef 14.9.1959).
2. Substituted by No. FD 66 SRS 79 dated 15.11.1980 wef 27.11.1980).
3. Substituted by No. FD 212 SRS 59 dated 15.12.1959 (wef 24.12.1959).
4. Amended by No. FD 196 SRS 60 dated 1.11.1961.
5. Substituted by No. FD 197 SRS 59 dated 27.5.1964 (wef 1.8.1961).
14 1[(27-A) Local Candidate:- A ‘Local Candidate’ in se rvice means a temporary Government Servant not appoin ted regularly as per rules of recruitment to that Se rvice;]
(28) ‘Local Fund’ means (1) Revenues administered b y local bodies or other bodies, which by law or rule having the force of law come under the control of Government, whether i n regard to proceedings generally, or to specific matters, such as the sanctioning of the budgets, sanction to the creatio n of filling up of particular posts or the making of leave, pension or similar rules, and
(2) the revenues of any body which may be specially notified by Government as a Local Fund;
(29) ‘Ministerial servant’ means a Government serva nt whose duties are entirely clerical and any other cl ass of servants specially defined as such by Government;
(30) ‘Month’ means a calendar month. In calculating a period expressed in terms of months and days, compl ete calendar months, irrespective of the number of days in each, should first be calculated and the odd number of days calculated subsequently;
Note - In calculating a period of 3 months and 20 d ays from 25th January, 3 months should be taken as ending On 24 th April, and the 20 days on 14 th May. In the same way, the period from 30 th January to 2 nd March should be reckoned as 1 month and 2 days, because one month from 30 th January ends on 28 th February. A period of one month and 29 days commencing from the Ist January will expire, in an ordinary year (in which February is a month of 28 days) on the last day of February, beca use a period of 29 days cannot obviously mean to exceed a period of full calendar month and a period of two months from lst January w ould end on the last day of February. The same would be the cas e if February were a month of 29 days or if the broken period wer e 28 days (in an ordinary year).
1. Inserted by No. FD 209 SRS 58 dated 4.12. 1958 (wef.1.4.1958).
15
(31) Officiate:- A Government servant officiates in a post when he performs the duties of a post on which anot her person holds a lien. A competent authority may, if it thin ks fit, appoint a Government servant to officiate in a vacant post on which no other Government servant holds a lien;
Note 1-The authority which has power to make substa ntive appointment to a vacant post may appoint a Governme nt servant to officiate in it.
Note 2-A post vacated by a Government servant who has been dismissed should not be filled substantively p ending the result of such appeal as the rules permit.
1[(32) ‘Pay’ means the amount drawn monthly by a Government servant as the pay which has been sancti oned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre and shall also include;
(a) stagnation increment, if any, granted to him ab ove the maximum of the scale of pay;
(b) additional increment, if any, granted to him ab ove the maximum of the scale of pay, in accordance with the provisions of rule 6 of the Karnataka Civil Services (Service and Kannada Language Examinations) Rules, 1974;
(c) personal pay, if any, granted to him under the Karnataka Civil Services (Revised Pay) Rules, issued by the G overnment from time to time;
(d) any other emoluments specifically classed as p ay by the Government.]
(33) Pension:- Except when the term ‘Pension’ i s used in contradistinction to ‘Gratuity’ ‘Pension’ i ncludes ‘Gratuity’.
1.Substituted by No. FD 5 SRA 96 dated 12.8.1996 (wef.14.8.1996).
16
(34) ’Permanent Post’:-means a post carrying a defi nite rate of pay sanctioned without limit of time.,
(35)‘Personal Pay’:-means additional pay granted to a Government servant;
(a) to save him from a loss of substantive pay in r espect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwi se than as a disciplinary measure, or
(b) in exceptional circumstances, on other personal considerations.
Unless in any case it is specially ordered otherwis e, a personal pay should be reduced by any amount by whi ch the recipient’s pay may be increased and should cease a s soon as his pay is increased by an amount equal to his personal pay;
(36) Presumptive Pay of a post, when used with refe rence to any particular Government servant, means the pay to which, he would, be entitled, if he held the post substantive ly and were performing its duties; but it does not include spec ial pay unless the Government servant performs or discharges the w ork or responsibility or is exposed to the unhealthy condi tions, in consideration of which the special pay was sanction ed;
1[(37) The term ’Probationer’ shall have the same me aning as given to it under the Karnataka Civil Services ( Probation) Rules. 1977.
Note 1- A probationer is treated for all purposes a s a temporary Government Servant.
Note 2- In computing the period of probation Extra- ordinary leave granted to a probationer 2[and the period treated as “Diesnon”] during the period of his probation shall be e xcluded.]
1.Substituted by No. FD 25 SRS 80 dated 23-5-1980 (wef 5.6.1980).
2.Inserted by No.FD 21 SRA 99,dated 3.11.2000 (wef 04.1.2001).
17
(38) Public Conveyance means a train or other conv eyance which plies regularly for the conveyance of passeng ers.
Note 1 - Carts, cabs and horses are not regarded as public conveyances for the purpose of travelling allowance rules.
Note 2 - The test to be applied is whether the conv eyance belongs to a regular established line of carriages running a regular course and not deviating there from accordi ng to the wishes of passengers.
1[(39) X X X]
(40) ‘Quasi permanent Post:-means a temporary post sanctioned initially for a period of not less than three years., Note- Appointment of a Government servant against a quasi permanent post cannot be considered to be appointme nt to a permanent post in a substantive capacity and fixati on of initial pay in such cases will have to be regulated as per the provisions of Rule 45.
2[(40-A) ‘Quasi-permanent service’ means temporary service commencing from the date on which the appoi nting authority, being satisfied as to the suitability of the Government servant who has been in continuous service for more than three years, as to his age, qualification, work and chara cter for employment in a quasi-permanent capacity has issued a declaration to the effect, and shall consist of per iods of duty and leave (other than extraordinary leave) after that d ate.
Note 1 - A declaration issued by the Appointing Aut hority shall specify the particular post or the particular grade of posts within a cadre, in respect of which it is issued an d the date from which it takes effect.
1. Deleted by No. FD 53 SRS 62 dated 12-2-1963 (wef 1-8-1961).
2. Inserted by No. FD 39 SRS 65 dated 1-6-1966.
18 Note 2- “Quasi permanent tenure” has been evolved w ith the object of attaching certain benefits to tempora ry service if rendered for as long as three years and more. Quasi -permanent service ripens into a permanent service when the Go vernment servant is appointed to a permanent post in a subst antive capacity]
(41) Rule of Proportions:- Pensions or leave allowa nce are said to be chargeable according to the Rule of Prop ortions, when the charge is debatable to several accounts in the proportion in which, in the case of pension, the aggregate pay an d leave salary drawn by the officer during the whole of his qualif ying service has been paid from them; or in the case of leave allowa nces, the aggregate pay drawn by the officer during the porti on of his service immediately preceding the beginning of his leave, which is taken into account in calculating the leave granted to him, was charged to such several accounts.
Note - If according to the Rule of Proportions the share of pension or leave allowance chargeable to one accoun t does not exceed one rupee, no charge shall be made to this a ccount, and the share, shall be borne by the account chargeable with the greatest share. When leave allowances are chargeabl e according to the Rule of Proportions, the following is the se rvice to be taken into account:-
(a) Earned leave:- Duty without interruption for a period eleven times as along as the leave.
(b) Half pay leave or commuted leave :- Service imm ediately prior to the leave, which is taken into account for calculating the leave due.
(42) 1[‘Special Allowance’] means an addition, of the nat ure of pay, to the emoluments of a post or of a Governm ent servant, granted in consideration of-
(a) the specially arduous nature of the duties: or
(b) a specific addition to the work or responsibili ty; or
1. Substituted by No. FD 7 SRA 99, dated 29-4-2000 (w.e.f. 1-4-1998).
19
(c) the unhealthiness of the locality in which the work is performed.
(43) ‘Subsistence Grant’ means a monthly grant made to Government servant who is not in receipt of pay or leave salary;
(44) ‘Substantive Pay’ means the pay, other than sp ecial pay, personal pay or emoluments classed as pay by G overnment, under clause (32) (iii) to which a Government serva nt is entitled on account of a post to which he has been appointed su bstantively or by reason of his substantive position in a cadre ;
1[(45) xxx]
(46) ‘Temporary Post’ means a post carrying a defin ite rate of pay sanctioned for a limited time;
(47) ‘Tenure Post’:- means a permanent post which an individual Government servant may not hold for mor e than a limited period without reappointment. In case of d oubt Government will decide whether a particular post is or is not a tenure post;
(48)(a) ‘Time Scale Pay’ means pay which subject to any conditions prescribed in these Rules or any other R ules made under article 309 of the Constitution, rises by per iodical increments from a minimum to a maximum. It includes the class of pay called progressive pay;
(b) Time scales are said to be identical, if the mi nimum, the maximum, the period of increment, and the rate of i ncrement of the time scales, are identical;
(c) A post is said to be on the same time scale as another post on a time scale, if the two time scales are id entical and the posts fall within a cadre or class in a cadre, such cadre or class having been created in order to fill all posts invo lving duties of approximately the same character or degree of respo nsibility, in a service or establishment or group of establishments ; so that the pay of the holder of
1. Omitted by No. FD 05 SRA 2012 dated 29.1.2014 (wef 30.1.2014).
20 any particular post is determined by his position i n the cadre or class and not by the fact that he holds that post;
(49) ‘Transfer’ means the movement of a Government servant from one headquarters station in which he i s employed to another such station, either (a) to take up the dut ies of a new post;
or (b) in consequence of a change of his headquarte rs;
(50) ‘Travelling Allowance’ means an allowance gran ted to a Government servant to cover the expenses which he i ncurs in travelling in the interests of public service. It i ncludes allowance granted for the maintenance of conveyances, horses and tents.
21
PART II Pay and Allowances
CHAPTER II GENERAL CONDITIONS OF SERVICE MEDICAL CERTIFICATE OF FITNESS ON FIRST ENTRY INTO GOVERNMENT SERVICE 1[9. 10 & 11 xxx] CHARGE OF OFFICE
12. Unless,for special recorded r easons which must be of a public nature, the authority under whose orders the tran sfer takes place, permits or requires it to be made in any par ticular case elsewhere, or otherwise, the charge of an office mu st be made over at its Headquarters, both the relieving and th e relieved Government servants being present.
13. As a general rule and subje ct to any special orders to the contrary in particular cases, the Headquarters of a Government servant on the staff of Government, as for instance , a Secretary to Government or a clerk in the Government Secretariat , are the Headquarters, for the time being of the Government.
14. The headquarters of any other Government servant ar e either the station which has been declared to be his Headq uarters by the authority competent to prescribe his Headquarters f or the purpose of travelling allowance or, in the absence of such declaration, the station where the records of his o ffice are kept.
--------------------------------------------------------------------------- *The rules in this Part supersede the Karnataka Pay and Allowances Rules 1957 which came into force from 1. 12.1957 and all claims under the Pay and Allowances Rules, 1957 pending on the date of coming into force of this part will be dealt with in accordance with the corresponding provisions of thi s Part.
1. Deleted by No. FD 36 SRS 75 dated 27.7.1978 (wef 23.2.1978).
22 LEAVING JURISDICTION
15. No Government servant other than a police officer acting within his legal powers is entitled to pay or allow ances for any time he may spend beyond the limits of his 1[charge] without proper authority.
Note 1- An authority competent to sanction casual leave to a Government servant may permit him to leave head-q uarters during holidays or during casual leave.
Note 2- Sanction of Government is not necessary for journeys performed by Public Prosecutors outside th eir jurisdiction for attending to criminal cases of the ir district when summoned by a Sessions Court.
16. (a) Heads of Department mentioned in Appendix I may authorise any Government servant or subordinate und er their control to proceed on duty beyond the limits of his charge but within the State. The subordinate authorities may e xercise this power to proceed on duty within their jurisdiction.
2[Note 1 -Treasury officials (a) accompanying remitt ances
(b) travelling to and from Bangalore in connection with the delivery of Treasury Accounts and Schedules to the office of the Accountant General, Karnataka, Bangalore (c) depute d for work connected with transfer of stamps to or from the of fice of the Superintendent of stamps, Bangalore or among the lo cal or branch depots in the State (d) working in the Distr ict Treasury Office, Karwar and Coorg (Mercara) deputed for taki ng delivery of stamp cases or forms or parcels etc., from the near est Railway Station or from the office outside the District, ar e exempted from the operation of this Rule. The Travelling Allowanc e claims of Treasury officials accompanying remittances should be supported by a certificate prescribed in the Karnataka Treasu ry Code.]
Note 2 - Police Officers may, in special circumstan ces, proceed beyond the limits of their charge but withi n the State without previous sanction, subject to ratification by the sanctioning authority in each case after completing the journeys.
1. Substituted by No. FD 17 SRS 61 dated 20.2.1961 (wef 2.3.1961).
2. Substituted by No. FD 79 SRS 75 dated 15.3.1977 (wef 16.6.1975).
23 Note 3- The District Superintendents of Police are authorized to permit the officers subordinate to th em to proceed on journeys outside the limits of their charge and beyond their jurisdiction.
1[Note 4- The District and Sessions Judges and the D istrict Magistrates in charge of the Criminal Courts in the District (independent charge) may authorize any Government s ervant or subordinate under their control to proceed on duty beyond the limits of his charge but within their jurisdiction. ]
(b) For proceeding beyond the limits of the State, sanction of Government is necessary.
Note 1- This Rule does not apply to cases where a Government servant, in order to shorten his journey to some place within his jurisdiction has to pass through s tations outside his jurisdiction.
Note 2- The Heads of Departments are empowered to sanction journeys outside the State in the case of non-Gazetted Government servants.
2[They are also empowered to sanction journeys of Gazetted Officers on duty outside the State involvi ng a period of halt not exceeding 15 days. ] Note 3- General Sanction is accorded to members of the Excise Reserve Staff proceeding beyond the limits o f the State when necessary in the interest of their work.
Note 4- The Excise Commissioner is empowered to sanction journeys outside the State by District Exc ise Officers for purposes of inspecting at intervals the groves of d ate and other palm, opium and ganja shops in the Madras State. Su ch journeys should be kept at a minimum consistently with the i nterest of excise revenue.
3[Note 4-A- The Commissioner of Commercial Taxes, Bangalore, is empowered to sanction journeys outsid e the State by the Deputy Commissioner, Commercial Taxes, Assis tant Commissioner, Commercial Taxes, Commercial Tax Offi cers, Assistant Commercial Tax Officers and Commercial Ta x Inspectors on duties connected with study of the pa ttern of taxation measures, investigation of cases of evasion of taxe s, giving evidence or producing documents in Court cas es, etc.]
1. Inserted by No.FD 15 SRS 62 dated 1.3.1962.
2. Inserted by No.FD 74 SRS 69 dated 19.1.1970 (wef 7.3.1970).
3. Inserted by No.FD 81 SRS 76 dated 11.7.1977 (wef 28.7.1977).
24 Note 5 - Police Officers both gazetted and, non-gazetted, are permitted to proceed beyond the limits of the State on duties connected with police officers’ meetings investigation of cri me, arrest and escort of accused and security measures subject to the san ction of the Head of the Department.
Note 6 - Police Officers may in an emergency, proceed outs ide the State without previous sanction for purposes of investigation and detection work, subject to ratification by the sanc tioning authority in each cases after completing the journeys.
1[Note 7- The above Rule does not apply to journeys performed to a place within the state, through areas of anoth er State.]
2[Note 8 - The Public Works Department Officers-in-charge of Hidkal and Hadalga Dam-Projects, are authorized to perform journey in the catchment area of Ghataprabha river and its tri butaries so far as the Ghataprabha Project is concerned (even though these places are outside the Karnataka State] 3[Note 9 -The following officers of the Public Works Departm ent are authorized to perform journeys to Thirupathi, T hirumalai and Thiruchandur for maintenance and inspection of the Choultry buildings at these places (outside the Karnataka State.)]
1.Èxectutive Engineer Kolar Division.
Once in a year to suggest Improvements etc.,
2.
4[Assistant Executive Engineer, Division I or Assistant Executive Engineer Division II] Kolar Sub Division Twice in a year. One journey for assessing the nature and quantum of works to be done and other for check measurements.
3.Subordinate attached to Kolar Sub Division Thrice in a year. One journey for survey for preparing A.R. Estimates, another for supervision of work and taking measurements and the third with the 4[Assistant Executive Engineer Division-I or Assistant Executive Engineer Division-II] for check measurement.
5[Note-10 xxx]
1. Inserted by No. FD 255 SRS 58 dt. 28.10.1958 (wef 6.11.1958).
2. Inserted by No. FD 55 SRS 59 dt. 6.3.1959 (wef 12.3.1959).
3. Inserted by No. FD 244 SRS 59 dt. 3.12.1959 (wef 10.12.1959).
4. Substituted by No. FD 14 SRS 79 dt. 30.7.1979.
5. Deleted by No. FD 14 SRS 78 dated 22.9.1978 (wef 28.9.1978) 25 GENERAL RULES REGARDING LIEN ON APPOINTMENT AND ADMISSIBILITY OF ALLOWANCES 17 (a) Two or more Government servants cannot be appointed substantively to the same permanent post at the same time.
(b) A Government servant cannot be appointed substantively except as a temporary measure, to two or more permanent posts at the same time.
18 (a) A Government servant cannot be appointed sub stantively to a post on which another Government servant holds a lien.
(b) Unless, in any case, it be otherwis e provided in the rules, a Government servant on substantive appointm ent to any permanent post acquires a lien on that post and cea ses to hold any lien previously acquired on any other post.
19. Unless his lien is suspended under Rule 20, a Government servant holding substantively a permanent post retains a lien on that post-
(a) While performing duties of that post;
(b) While on foreign service, or holding a tempora ry post or officiating in another posts;
(c) During joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post :
(d) While on leave.,
(e) While under suspension.
20. (a) Government 1[shall] suspend the lien of a Government servant on a permanent post which he holds sub stantively if he is appointed in a substantive capacity-
(1) to a tenure post, or 2[(2)xxx]
(3)Provisionally to a post on which another Governm ent servant would hold a lien had his lien not been sus pended under this Rule.
1. Substituted byNo.FD 61 SRS 63 dated 30.11.1963 (wef 18.12.l963).
2. Deleted by No. FD 89 SRS 67 dated 19.10.1967.
26
(b) Government may at its option, suspend the lien of a Government servant on a permanent post which he hol ds substantively if he is deputed out of the State of Karnataka or transferred to foreign service, or in circumstances not covered by clause (a) of this Rule, 1[is transferred in an officiating capacity] to a post in another cadre and if any of these cases t here is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three ye ars.
(c) Notwithstanding anything contained in clause (a ) or (b)of this Rule, a Government servant’s lien on a tenure post may in no circumstances be suspended. If he is appointed subs tantively to another permanent post his lien on the tenure post must be terminated.
(d) If a Government Servant’s lien on a post is sus pended under clause (a) or (b) of this Rule, the post may be filled substantively, and the Government servant appointed to hold it substantively shall acquire a lien on it, provided that the arrangements shall be reversed as soon as the suspe nded lien revives.
Note - When a post is filled substantively under th is clause the appointment will be termed as provisional appoi ntment; the Government servant appointed will hold a provisiona l lien on the post and that lien will be liable to suspension und er clause (a) but not under clause (b) of this Rule.
(e) A Government servant’s lien which has been susp ended under clause (a) of this Rule shall revive as soon as he ceases to hold a lien on a post of the nature specified in su b-clause (1) 2[xxx] or (3) of that clause.
(f) A Government servant’s lien which has been susp ended under clause (b), of this Rule shall revive as soon as he ceases to be on deputation outside the State of Karnataka or on foreign service or to hold a post referred to in clause (b) provided that a suspended lien shall not revive because the Governm ent servant takes leave if there is reason to believe that he w ill, on return from leave, continue to be on deputation outside the Sta te of Karnataka or on foreign service or to hold a post referred to in clause (b) and the total period of absence on duty will not fall s hort of three years or that he will hold substantively a post of the nature specified in sub clause (1) 2[ xxx ] or (3) of clause (a).
1. Substituted by No. FD 89 SRS 67 dated 19.10.1967.
2. Deleted by No. FD 89 SRS 67 dated 22.11.1967.
27 Note 1-Only one provisionally substantive appointme nt is permissible against one post. A provisionally subst antive appointment is permissible against a vacant permane nt post.
Note 2 - The power to make provisionally permanent arrangements and to order suspension of lien is del egated to Heads of Department in the case of non-gazetted Gov ernment servants.
Note 3 - The lien of a Government servant cannot be suspended while he is on probation in another post. If the Government servant completes the period of probatio n satisfactorily, suspension of lien may be made with retrospective effect from the date on which the Government servan t was transferred to other duty, provided that the condit ions in clause
(b) above are otherwise satisfied.
1[Note 4 - When a Government servant who has secured employment in one Department of Government under th e rules of recruitment, seeks employment on his own accord in another unit or Department or in another cadre or grade in the s ame Department, his lien on the original appointment sh all be continued to be maintained provided he has already been confirmed in the post till he is permanently absorb ed in the Department or cadre in which he is newly appointed and he shall be given the benefit of the past service for purpos es of leave and pension. If, however, he is temporary in the first appointment, he will cease, to have any connection with his old app ointment but he shall be given only the benefit of the past serv ice for leave and pension]
(g) (i) A Government servant’s lien on a post may i n no circumstances be terminated even with his consent i f the result will be to leave him without a lien, or a suspended lien upon a permanent post.
2[(ii)[xxx]
(h) Government may transfer to another permanent po st in the same cadre the lien of a Government servant who is not performing the duties of the post to which the lien relates, even if that lien has been suspended.
Note - The Head of the Department is empowered to t ransfer a lien provided that he or an authority subordinate to him is authorised to make appointments to both the posts c oncerned.
1.Amended by No. FD 63 SRS 63 dated 28.12.1963.(wef 20.1.1964)
2. Deleted by No. FD 89 SRS 67 dated 19.10.1967.
28 1[(i) A Government servant’s lien on a post shall st and terminated on his acquiring a lien on a permanent p ost (whether under the Central or State Government outside the c adre on which he is borne].
2[20-A. (1) A Government servant may be tran sferred from one post to another, provided that except-
(i) as penalty imposed for misconduct, or (i i) on his written request.
A Government servant shall not be transferred substantively to or except in the case covered by Rule 66 appoin ted to officiate in a post carrying less pay than the pay of the pos t on which he holds a lien or would hold a lien had his lien not been suspended under Rule 20.
(2) Nothing containe d in sub-rule (1) of this Rule or clause(26) of Rule 8 shall operate to prevent the r etransfer of a Government servant to the post on which he would ho ld a lien had it not been suspended in accordance with the provis ions of clause
(a) of Rule 20.]
21. A Government servant may be required to a sub scribe to Government Insurance Fund, Provident Fund, a Family Pension Fund or other similar fund in accordance with such rules as the Governor may, under Article 309 of the Constitu tion, prescribe.
22. Subject to any exception specially made in these rules, a Government servant shall begin to draw the pay and allowance of a post with effect from the date when he assumes th e duties of that post and shall cease to draw them as soon as h e ceases to discharge those duties.
23. Unless it be otherwise provide d by special rule or contract the pay of Government servant begins when he takes char ge of the appointment in respect of which it is earned. If the charges is transferred afternoon, the transfer does not aff ect allowances until the next day. Twelve Noon will be treated as Forenoon.
1. Inserted by No. FD 89 SRS 67 dated 19.10.1967.(wef 19.10.1967)
2. Inserted by No. FD 178 SRS 59 dt. 26.8.1959 (wef 3.9.1959).
29 If, however, the substantive appointment of a Gove rnment servant is changed while he is officiating in an ap pointment or if while so officiating, a Government servant is appoi nted for the first time to some substantive office, then, provid ed that the tenure of his officiating appointment is not interr upted by his new substantive appointment he may draw the pay thereof without joining it from the date on which the substant ive office becomes vacant.
Promotions involving change of duties shall take effect from the date when the Government Servant assumes the duties of that post.
24. Every relieving Governme nt servant is responsible for informing the Government Servant to be relieved at the earliest possible moment of the date when he will be in a position to receive charge and it is duty of the Government Servant to be relieved to be in readiness to deliver charge o n that date.
When more than one day is occupied in making over c harge the last day should be entered in the report, and a n explanation should be submitted.
1[25 xxx].
ADDITI0NS TO PAY 2[26. (a) Unless in any case it be o therwise distinctly provided the whole time of a Government servant is at the dispos al of the Government which pays him and he may be employed in any manner required by proper authority without claim f or additional remuneration, whether the services required of him are such as would ordinarily be remunerated from the Consolidat ed Fund, from a Local fund or from the Funds of 3[a body incorporated or not, which is wholly or substantially owned or cont rolled by the Government.)]
1. Deleted by No.FD 57 SRS 65 dated 15.6.1968 (wef 11.7.1968).
2. Substituted by No. FD 276 SRS 58 dated 25.11.1958.
3. Amended by No. FD 55 SRS 60 dated 25.4.1960 (wef.5.5.1960).
30
(b) When Municipal Bodies and Other Bodies administ ering local funds require gratuitous advice and services of officers of the public works or other Departments, Government shall be referred to, which will indicate in each instance t o which Government servant application for advice or assist ance should be made. The Government servants thus consulted sha ll give their advice, or if necessary, direct supervision and ass istance, without charge.
27. Without the sanction of Government :-
(i) no increase may be given to the pay o f a Government servant for the performance of any special duty out side the duty of his regular appointment from Local, Municipal or Other Funds administered by Government;
(ii) no grant may b e given to any Government servant from the Consolidated Fund of the State as a bonus or ho norarium for work done on behalf of the above out of office hour s and beyond the regular duties of his office, payment for which is a proper charge against it.
FEES AND HONORARIA General Rules
28. (a)Fees:-A competent authority may permit a Governm ent servant, if it be satisfied that this can be done w ithout detriment to his official duties or responsibilities to perform a specified service or series of services for a private person or body or for a public body, including a body administering a local fund a nd to receive as remuneration therefor, if the service be materi al, a nonrecurring or recurring fee.
(b)Honoraria:-A competent authority may g rant or permit a Government servant to receive an honorarium as remu neration for work performed which is occasional 1[or intermittent] in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing, exist for a departure from th e provision, sanction to the grant or acceptance of an honorariu m should not be given unless the work has been undertaken with t he prior consent of Government and its amount has been settl ed in advance.
1.Inserted by No. FD 362 SRS 59 dated 14.12.1959 (wef 17.12.1959).
31 Note 1 - The following general principles are laid down for payment of fees and honoraria:-
(a) No honoraria should be paid in respect of any w ork which can fairly be regarded as part of the legiti mate duties of Government servant concerned.
(b) It is one of the liabilities of Government serv ants to have to work outside office hours in exceptional times a nd circumstances. No honoraria should ordinarily be gi ven on this account, but continuous working out of office hours and on authorized holidays may justify a claim to honorari a or to special pay.
(c) No honoraria should be paid to Government serva nts for attending meetings of Boards and Committees finance d wholly or partly 1[from the Consolidated Fund of the State]
(d) The amount of an honorarium or fee must be fixe d with due regard to the value of the service in return fo r which it is given. The maximum fee permitted by any rule is not to be given in cases in which any smaller fee would be fair and sufficient.
(e) When the service rendered falls within the scop e of the ordinary duties of the Government servant performi ng it, the text of special merit prescribed in this rule, must be v ery strictly applied.
Note 2 - The temporary increase in work due to the holding of special conferences under the auspices of a Depa rtment of subordinate authority or of inter departmental comm ittees are normal incidents of Government service, and form part of t he legitimate duties of Government servants according to the general principle enunciated in Note 1. Those so employed h ave, therefore, no claim to extra remuneration .
Note 3 - In the case of both fees and honoraria, th e sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in No te 1 and shall record also the reasons which in its opinion justif y the grant of extra remuneration.
1. Substituted by No. FD 184 SRS 59 dated 8.9.1959.
32 1[(c) Any Government servant is eligible to receive and, except as otherwise provided by a general or specia l order of the Government, to retain without special permission-
(i) the premium awarded for an essay or plan in pu blic competitions;
(ii) any reward offered for the arrest of criminal or for information or special service in connection with t he administration of justice;
(iii) any reward payable in accordance with the pro visions of any Act or Regulation or Rules framed there unde r;
(iv)any reward sanctioned for services in connectio n with the administration of the Excise and other Laws; an d
(v)any fees payable to a Government servant for dut ies which he is required to perform in his official ca pacity under any special or local law or by order of Government.]
(d) Remuneration shall not be given under these rul es for superintending examinations rendered compulsory on persons belonging to the public service, but may be granted in the case of examinations of candidates for admission to the ser vice, or where it has been specially authorised heretofore, or whe n the fees received from the persons examined meet the whole c harge.
Note 1 - In the case of all Government servants und er their control, the Heads of Departments can sanction the acceptance of remuneration in accordance with the scale sanctione d by Government for work as examiners for examinations c onducted by the Educational Department 2[xxx] and other Examining Bodies set up by Government, and by the Karnataka Universi ty or the University of Mysore.
3[Note 2 - Government servants are permitted to acc ept remuneration in accordance with the scale sanctione d by Government for work as examiners in connection with the Service/ Departmental Examinations conducted by the Karnataka Public Service Commission without the permission of their higher authorities.]
1. Substituted by No. FD 205 SRS 59 dated 8.9.1959 (wef 14.9.1959).
2. Deleted by No. FD 19 SRS 62 dated 15.3.1962.
3. Inserted by No. FD 19 SRS 62 dated 15.3.1962.
33 1[Note 3 - Officers of the Forest Department are per mitted to undertake the work of Examiners in connection with the Examination conducted by the Forest Colleges at Deh radun and Coimbatore and to accept remuneration therefore, su ch remuneration being restricted to Rs.500 in a year.]
2[Note 4- Government Servants are permitted to accep t remuneration in accordance with the scale sanctione d by the Union Public Service Commission for work as examine rs, moderators etc., in connection with the service/Dep artmental Examinations conducted by the Union Public Service Commission without permission of their higher authorities.]
3[This concession is applicable also to the Governme nt servants appointed as Paper Setters, Moderators or Examiners by the Secretariat Training School, (Examination Wing) , Department of Personnel, New Delhi.]
4[Note 5 -Government Servants are permitted to accep t remuneration in accordance with the scale sanctione d by the National Academy of Administration/ National Police Academy for work as examiners, moderators etc., in connection w ith the examinations conducted by the National Academy of Administration/ National Police Academy without the permission of their higher authorities.]
(e) A Government servant called upon by Court of La w to act as a commissioner to give evidence on technical matters may comply with the request, provided that the case is not of such a nature as will be likely to come before him in the course of his official duties, and may accept such fees or honora ria as are fixed by the Court.
(f) In other cases, not provided for by existing or ders, sanction of Government should be obtained to the gr ant of remunerations in addition to the fixed pay of any G overnment servant.
(g) A Government servant whose duties involve the c arrying out of scientific or technical research shall not a pply for or obtain, or cause or permit any other person to apply for or obtain a patent for an invention made by such Government servant sa ve with the permission of the Government and in accordance with such conditions as Government may impose.
1. Inserted by No.FD 37 SRS 66 dated 17.6.1966.
2. Inserted by No.FD 126 SRS 69 dated 29.10.69 (wef 8.9.1969).
3. Inserted by No.FD 187 SRS 71 dated 23.11.1971 (wef 23.6.1971).
4. Inserted by No.FD 126 SRS 69 dated 29.1.70 (wef 18.12.1969).
34 FEES – SUBSIDIARY RULES 29 (a) Any Government servant ma y receive a fee from a private person or private body or a public body whose funds are not administered by Government for work done for it, pr ovided :-
(1) he has undertaken the wor k with the knowledge and 1[sanction of Government and it can be carried out w ithout detriment to his official duties.]
Note - It is incorrect for Go vernment servants, who are whole time Government employees to accept private e mployment (particularly part-time work daily) which may confl ict with their official duties. Permission for such employment sho uld be accorded only for a work of a quasi-Government natu re of an educational Institution, Local Body, or a Co-operat ive Institution.
2[(2 ), (3) xxx]
(4) that unless Government by special order otherwise directs, one-third of any fee in excess of Rs.250 o r, if recurring, a fee of Rs.250 a year, paid to a Government servant shall be credited to the Consolidated Fund of the State.
If any fee to which this Rule applies exceeds Rs.25 0 non recurring or Rs.250 a year recurring, one-third of the total amount payable should be credited to the Consolidated Fund , provided that the amount retained by the Government servant concerned will not, merely owing to the operation of this rul e, be reduced below Rs.250, if non-recurring or Rs.250 a year if recurring.
Non-recurring and recurring fees should be dealt wi th separately and should not be added, for the purpose of crediting one third to General Revenues under this Rule. In t he case of the former, the limit of Rs.250 prescribed in this Rule should be applied in each individual case and, in the case of the latter, the limit should be applied with reference to the total recurring fees for the financial year.
1.Substituted by No.FD 43 SRS 68 dated 3.6.1968 (wef 28.6.1968).
2.Deleted by No.FD 43 SRS 68 dated 3.6.68 (wef 28.6.1968).
35 1[Provided further that where the fee received by a Government Servant in any year exceed Rs.2,500 (whe ther recurring or non-recurring), fifty percent of such fee shall be credited to the Consolidated Fund of the State subj ect to the condition that the amount of the fee retained by th e Government Servant shall not be reduced below Rs.1,670 owing t o the operation of this proviso.]
The condition laid down in clause 4 above will not apply in respect of the following items:-
(i) fees received by a Government servant in the ca pacity of an office-bearer of a Co-operative Society working for the benefit of Government servants only;
(ii) remuneration earned by Government servants for lectures delivered including radio broadcasts, publ ication of papers, pamphlets etc., provided that in any indivi dual case the remuneration received for each of the above items d oes not exceed rupees five hundred on each occasion;
(iii) remuneration received by Government servants and members of the teaching staff for work done by them as examiners of the University of Mysore or other Univ ersities or other Examining Bodies; 2[XXX ...]
(iv) fees received to the extent of 3[Rs.50] per mensem by Government servants working as part-time teachers i n commercial and other Institutions under private man agement and fees received by a Government servant for part-time work in a Local Body or the Mysore University;
(v) remuneration received by Government servants, either from the Government of India or from the funds of I nstitutions either directly under the control of the Government of India, or aided or sponsored by them or the State Government;
4[(vi) fees levied for the services of police depute d for duty on the application of private persons, institutions or authority in accordance with rule 507 of the Karnataka Police Ma nual and disbursed to the staff;]
1.Inserted by No.FD 54 SRS 69 dated 12.11.1969.
2.Deleted by No. FD 86 SRS 68 dated 17.6.1968 (wef 11.7.1968).
3.Amended by No.FD 16 SRS 65 dated 14.5.1965 (wef 17.6.1965).
4.Inserted by No. FD 267 SRS 59 dated 9.2.1960 (wef 18.2.1960).
36 1[(vii) Income derived by a Government servant from exploitation of a patent for an invention taken out by him with the permission of competent authority under clause (g) of rule 28.]
2[Note - Remuneration received by Tahsildars or Depu ty Tahsildars appointed as Receivers by Courts of Law to take possession of any property which is the subject mat ter of a dispute pending before the Court, shall be subject to recovery under this clause. ]
(b) when the work undertaken for a private body is such that it must be done during the time which would ot herwise be employed in the service of Government, the fee shou ld be credited to Government, 2[but Government] may grant to the Government servant concerned such portion of the fe e realized as it may deem suitable subject to provisions of sub-c lause (4) of clause (a) supra.
Note 1 - Government servants who serve as Directors of Joint Stock Companies or as members of other instit utions (such as the Indian Institute of Science), by virtue of t heir official position, should credit to Government any fees whic h they may receive for attending Directors’ or other meetings, and where necessary they will be allowed to draw, on such occ asions, travelling allowance as on duty.
The officers concerned should invariably furnish in the travelling allowance bills (in which travelling all owance is claimed for attending Directors’ or other meetings of Joint Stock Companies, etc.,) the following certificate:- “Certified that I have not received any amount in t he shape of Directors’ fees or sitting fees from the Company for attending meeting in respect of which travelling allowance is claimed or that the fees received have been credited to the Treasur y (Government Account).” 3[Note 2 - In cases where travelling allowance is no t admissible under the rules a Conveyance Allowance o f an amount equivalent to a daily allowance may be allowed. Whe re however sitting fees and/or Conveyance charges are paid by the institutions or organizations, the Directors/ Membe rs may retain an amount equal to a daily allowance and credit the excess to Government.]
4[(c) xxx]
1. Inserted by No. FD 88 SRS 60 dated 1.7.1960 (wef 14.7.1960).
2. Amended by No.FD 43 SRS 68 dated 3.6.1968 (wef 28.6.1968).
3. Substituted by No.FD 67 SRS 67 dated 6.3.68.
4. Deleted by No.FD 43 SRS 68 dated 3.6.68 (wef 28.6.1968).
37
(d) This rule does not apply to medical officers wh o are allowed to accept fees from private persons for pro fessional attendance subject only to such conditions as Gover nment may prescribe from time to time.
30. (i) A Government s ervant appointed as a Director of Autonomous Organisation like Government Industrial and Commercial Undertakings, shall draw for journeys pe rformed in connection with the affairs of any such organisatio n, his travelling allowance under the Government rules applicable to him and from the source from which he draws his pay. He should n ot draw any such allowance from the organisation. In the claim preferred against the Government a certificate that he has no t claimed or drawn any travelling allowance from the organisatio n shall be furnished by the Government servant.
(ii) If the journey is solely or mainly in connecti on with the affairs of the organisation or body, the whole expe nditure on the travelling of the Government servant, which is init ially paid by the Department concerned, shall be reimbursable from th e organisation to the Government even though the Gove rnment servant performs other Government duties at the pla ce of halt.
Where, however, the journey is not mainly on accoun t of the affairs of the organisation, the entire expenditure on the travelling allowance of the Government servant shall be borne by the Government.
1[Exception:- The teaching staff of the Government C olleges are permitted to prefer their claim for travelling and daily allowance according to the rules of the Bangalore o r Mysore or Karnataka Universities as the case may be and obta in payment direct from the universities concerned in respect o f their journeys and halts connected with the work of the Universiti es.]
(iii) The recovery effected from the organization m ay be treated as the revenue of the department concerned.
(iv) The authority controlling the allotment of fun ds for travelling allowance shall be the sole judge for de termining whether recovery should be made or not from the org anisation in each case and shall be responsible for preferring t he claim
1.Inserted by No. FD 21 SRS 66 dated 1.6.1966 (wef 29.12.1965).
38 for reimbursement of travelling allowance charges a gainst the organisation concerned. A copy of the claim should be endorsed to the Audit officer concerned, who shall then wat ch actual recovery from the organisation and its credit to Go vernment.
1[(v) provisions of clauses (ii) and (iii) shall also apply to a Government servant appointed as a Director etc., of a private company which does not receive any financial assist ance from the Government or in which Government funds are not invested.
(vi) If a Government Servant in foreign service is required to work in some capacity for a third party and receive s fees from that party, such fees less the amount of expenditure inc urred on him by the foreign employer by way of travelling allowa nces (which shall be reimbursed to the foreign employer) shall be credited to Government.
(vii) The amount in respect of travelling allowance received from the private company whether during the same fi nancial year or subsequently, shall be adjusted as recovery unde r the minor head “Deduct-Amounts recovered from other Governmen t, Departments etc.” under the same Major Head under w hich the travelling allowance initially borne by the Governm ent was adjusted.]
2[Note - The provisions of this Rule apply also to t he journeys performed by the Government servants in co nnection with the affairs of the Non-Government or Semi-Gove rnment Institutions, Bodies which receive grants-in-aid fr om Government and on which or on whose governing Bodies they are appointed as Government representatives or to whose affairs t hey are required to attend in any other capacity under offi cial arrangements.]
1. Inserted by No.FD 134 SRS 72 dated 8.5.1973 (wef 7.6.1973).
2. Inserted by No.FD 166 SRS 59 dated 23.7.1959 (wef 30.7.1959).
39
PART-II
CHAPTER III REGULATION OF EMOLUMENTS
31. An officiating arrangement is permissible in a post of which either there is no holder or of which the holder is an absentee.
Exception:- When a Judicial Of ficer, 1[presiding over a combined court (Civil and Criminal)] is allowed to avail himself of the summer vacation, an officiating appointment may be made during the vacation for the disposal of criminal wo rk.
Note - With the general or spe cial sanction of Government acting appointments may be made in place of officer s ordered or permitted to undergo a course of training.
2[Explanation: In the case of a Government servant d eputed for training or a course of Instruction it is not n ecessary to create a new post in order to accommodate him during such training or course of instruction since the very order posting him for training, etc. would be considered as a sanction in this beha lf.]
3[31-A. A Government servant who is on training the period spent on which is treated as duty under rule 8 (15) (c), may be granted such pay as the Government may consider equitable but in no case exceeding the pay which he would have drawn had he been on duty other than duty under rule 8 (15) (c).]
4[Explanation:- A Government servant who is on train ing may be given regular promotion and allowed by the compe tent authority to draw the pay of the higher post agains t which he would have officiated but for his deputation to und ergo training.]
Instructions :- 5[According to the Explanation below Rule 31-A of Karnataka Civil Services Rules, a Governmen t servant who is on training may be given regular promotion a nd allowed by the competent authority to draw the pay of the high er post against which he would have officiated but for his deputati on to undergo the training.
1. Substituted by No.FD 48 SRS 60 dated 23.8.1960 (wef 1.9.1960).
2. Inserted by No.FD 8 SRS 66 dated 1.6.1966.
3. Inserted by No.FD 35 SRS 68 dated 21.10.1971.
4. Substituted by No.FD 180 SRS 74 dated 18.4.75 (wef 21.10.1971).
5. O.M.No. FD 30 SRS 78 dated 21.6.1978.
40 The matter has been further examined and it is here by clarified that, a Government servant who has been d eputed for a course of instruction or training authorised by or under orders of Government and who is treated as on duty, according to rule 8
(15) (c) of Karnataka Civil Services Rules may be-
(i) given regular promotion by the competent author ity with effect from the date on which the Government servan t junior to him in the cadre of his service assumes charge on p romotion to a post in the next higher cadre, and
(ii) allowed to dra w such pay in the pay scale of the higher cadre as he would have drawn from time to time but for his deputation to undergo such instruction or training.
3. The above benefi t of promotion and consequential fixation of pay may be given subject to fulfillment of the following conditions:-
(i) The Government servant undergoing training or instruction is otherwise eligible for promotion, ac cording to the rules of recruitment, and
(ii) All his senior s, except those regarded as unfit for promotion have been promoted.]
32. Instead of appointing a G overnment servant to officiate, it is also permissible to appoint him to be in charge of the current duties of a vacant post. In such a case a ‘charge a llowance’ (additional pay) is payable as specified in Rule 68 .
1[Note 1- A Government servant can be appointed unde r this Rule to be in-charge of the current duties of a vac ant post only if he is eligible to be promoted to officiate in that post according to the Cadre and Recruitment Rules applicable to that post or if he is holding a post in an equivalent or higher grade.]
2[Note 2 - The provisions of this Rule apply also to cases where a Government servant being relieved of his ow n appointment is appointed to be in independent charg e of a higher appointment as a temporary measure.]
3[Instructions:-The following Delegation of powers t o the Secretaries to the Administrative Departments of th e Government is hereby ordered to be given effect to from 1st November 1977.]
1. Inserted by No. FD 7 SRS 75 dated 22.4.1976 (wef 20.5.1976).
2. Amended by No. FD 97 SRS 61 dated 1.11.1961.
3.G.O No. FD 7 RFP 77 dated 17.10.1977.
41 Nature of Power Furth er Financial powers Delegated to Secretaries to Government.
.........................................................................................
Continuation of independent [Full powers] charge arrangements beyond six months and payment of charge allowance(Rule 32 of Karnataka Civil Services Rules) ------------------------------------------------------------------------------------------ 1[Note 3:- The Authority competent to make incharge arrangements specified in column (1) of the table b elow, may make incharge arrangements for vacant posts in resp ect of subordinate Government servants holding the posts i n the classes or group of posts specified in column (2) t hereof to the maximum duration specified therein.
TABLE Authority Competent to make incharge arrangement Posts belonging to Class or Group of Services
(1) (2) Group - A Services Group -B Services Group C and D Services Heads of Departments 4 Months 6 Months Full powers Divisional level officers 3 Months 4 Months Full powers District level officers 2 Months 3 Months Full powers Sub divisional officers - 2 Months Full powers Taluk level officers - - Full powers]
33. ‘Permanent Post’ is defined in Rul e 8 (34). Without the authority of Government,-
(i) no new appointment may be created; and no addition may be made to the pay and allowanc es of any Government Servant;
1. Substituted by No. FD 3 SRA 2009 dated 23-9-2010 (wef 1-8-2008).
42
(ii) no appointment may be abolished; and the pay a nd allowances of no appointment may be reduced;
(iii) no class or grade of Government servants may be created or abolished, and the pay of no class or g rade of Government servant may be raised or reduced.
Exception:- An addition to the scale of appointment s in the lower grade as against a vacancy in higher grade ma y be allowed temporarily on occasio