KARNATAKA LOKAYUKTA ACT,1984

The Karnataka Lokayukta Act, 1984
(KARNATAKA ACT OF 4 OF 1985.
Came into force w.e.f from 15-6-1986
As amended by Act Nos. 15 of 1986; 31of 1986; 1 of 1988;30 of 1991 & 22 of 2000)

Statement of Objects and Reasons
Karnataka Gazette, Extraordinary, dated 29-3-1983

The Administrative Reforms Commission had recommended the setting up of the institution of Lokayukta for the purpose of appointment of Lokayukta at the state's level , to improve the standards of public administration, by looking into complaints against the administrative actions, including cases of corruption, favouritism and official indiscipline in administrative machinery.

One of the election promises in the election manifesto of the Janatha Party was the setting up of the Institution of the Lokayukta.
The bill provides for the appointment of a Lokayukta and one or more Upalokayuktas to investigate and report on allegations or grievances relating to the conduct of public servants.
The public servants who are covered by the Act include :-


Chief Minister;

all other Ministers and Members of the State Legislature;

all officers of the State Government;

Chairman, Vice Chairman of local authorities, Statutory bodies or Corporations established by or under any law of the State Legislature, including Co-operative Societies


Persons in the service of Local Authorities, Corporations owned or controlled by the State Government, a company in which not less than 50% of the shares are held by the State Government, Societies registered under the State Registration Act, Co-operative Societies and Universities established by or under any law of the Legislature.

Where, after investigation into the complaint, the Lokayukta considers that the allegation against a public servant is prima facie true and makes a declaration that the post held by him, and the declaration is accepted by the competent authority, the public servant concerned, if he is a Chief Minister or any other Minister or Member of State Legislature shall resign his office and if he is any other non-official shall be deemed to have vacated his office, and, if an official, shall be deemed to have been kept under suspension, with effect from the date of the acceptance of the declaration.

If after investigation, the Lokayukta is satisfied that the public servant has committed any criminal offence, he may initiate prosecution without reference to any other authority. Any prior sanction required under any law for such prosecution shall be deemed to have been granted.

The Vigilance Commission is abolished. But all inquiries and investigations and other disciplinary proceedings pending before the Vigilance Commission will be transferred to the Lokayukta.

There are other incidential and consequential provisions.Hence this bill.

Preamble

1. Short title and commencement

2. Definitions

3. Appointment of Lokayukta and Upalokayukta

4. Lokayukta or Upalokayukta not to hold any other office

5. Term of office and other conditions of service of Lokayukta and Upalokayukta

6. Removal of Lokayukta or Upalokayukta

7. Matters which may be investigated by the Lokayukta and an Upalokayukta

8. Matters not subject to investigation

9. Provisions relating to complaints and investigations

10. Issue of Search Warrant, etc

11. Evidence

12.Reports of Lokayukta, etc

13. Public servant to vacate office if directed by Lokayukta etc

14. Initiation of Prosecution

15. Staff of Lokayukta, etc

16. Secrecy of Information

17. Intentional insult or interruption to or bringing into disrepute the Lokayukta or Upalokayukta

18. Protection

19.Conferment of additional functions on Lokayukta or Upalokayukta

20. Prosecution for false complaint

21. Power to delegate

22. Public Servants to submit property statements

23. Power to make rules

24. Removal of doubts

25. Removal of difficulties
26. Repeal and savings
First Schedule

Second Schedule


Preamble :

An act to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution, taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any omission or commissions in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto.

Whereas it is expedient to make provision for the appointment and functions of certain authorities for making enquiries into administrative action relatable to matters specified in List II or List III of the Seventh Schedule to the Constitution taken by or on behalf of the Government of Karnataka or certain public authorities in the State of Karnataka (including any Omission of commission in connection with or arising out of such action) in certain cases and for matters connected therewith or ancillary thereto:-

Be it enacted by the Karnataka Legislature in Thirty-fourth Year of the Republic of India as follows:-



1. Short title and commencement:-

(1) This Act may be called the Karnataka Lokayukta Act, 1984.

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




2. Definitions:- In this Act, unless the context otherwise requires,-

(1) "Action" means administrative action taken by way of decision, recommendation or finding or in any other manner and includes wilful failure or omission to act and all other expressions relating to such action shall be construed accordingly;

(2) "Allegation" in relation to a public servant includes any affirmation that such public servant-

(a) has abused his position as such public servant to obtain any gain or favour to himself or to any other person or to cause undue harm or hardship to any other person;

(b) was actuated in the discharge of his functions as such public servant by personal interest or improper or corrupt motives;



(c) is guilty of corruption, favouritism, nepotism or lack of integrity in his capacity as such public servant;

OR

(d) has failed to act in accordance with the norms of integrity and conduct which ought to be followed by public servants of the class to which he belongs:

(3) "Chief Minister" means the Chief Minister of Karnataka;

(4) "Competent Authority" in relation to a public servant means-

(a) in the case of Chief Minister or a member of the State Legislature, the Governor acting in his discretion;

(b) in the case of a Minister or Secretary, the Chief Minister;

(c) in the case of a Government servant other than a Secretary, the Government of Karnataka;

(d) in the case of any other public servant, such authority as may be prescribed;

(5) "corruption" includes anything made punishable under Chapter IX of the Indian Penal Code or under the Prevention of Corruption Act, 1947;

(6) "Government Servant" means a person who is a member of the Civil Services of the State of Karnataka or who holds a civil post or is serving in connection with the affairs of the State of Karnataka and includes any such person whose services are temporarily placed at the disposal of the Government of India, the Government of another State, a local authority or any person whether incorporated or not, and also any person in the service of the Central or another State Government or a local or other authority whose services are temporarily placed at the disposal of the Government of Karnataka;



(7) "Governor" means the Governor of Karnataka;

(8) "grievance" means a claim by a person that he sustained injustice or undue hardship in consequence of mal-administration;

(9) "Lokayukta" means the person appointed as the Lokayukta under section 3;

(10) "Mal-administration" means action taken or purporting to have been taken in the exercise of administrative function in any case where,-

(a) such action or the administrative procedure or practice governing such action is unreasonable, unjust, oppressive or improperly discriminatory; or

(b) there has been wilful negligence or undue delay in taking such action or the administrative procedure or practice governing such action involves undue delay;

(11) "Minister" means a member of the Council or Ministers for the State of Karnataka, but excluding the Chief Minister;

(12) "Public servant" means a person who is or was at any time,-

(a) the Chief Minister
(b) a Minister;
(c) a Member of the State Legislature;
(d) a Government servant;
(e) the Chairman and Vice-Chairman (by whatever name called) or a member of a local authority in the State of Karnataka or a statutory body or corporation established by or under any law of the State Legislature, including a co-operative society, or a Government Company within the meaning of section 617 of the Companies Act, 1956 and such other corporations or boards as the State Government may, having regard to its financial interest in such corporations or boards, by notification, from time to time, specify;
(f) member of a Committee or Board, statutory or non-statutory, constituted by the Government;
(g) a person in the service of pay of,-

(i) a local authority in the State of Karnataka;

(ii) a statutory body or a corporation (not being a local authority) established by or under a State or Central Act, owned or controlled by the State Government and any other board or Corporation as the State Government may, having regard to its financial interest therein by notification, from time to time, specify;

(iii) a company registered under the Companies Act, 1956, in which not less than fifty one percent of the paid up share capital is held by the State Government, or any company which is a subsidiary of such company;

(iv) a society registered or deemed to have been registered under the Karnataka Societies Registration Act, 1960, which is subject to the control of the State Government and which is notified in this behalf in the Official Gazette;
(v) a co-operative Society;
(vi) a university;



Explanation- In this clause, "co-operative society" means a co-operative society registered or deemed to have been registered under the Karnataka Co-operative Societies Act, 1959, and "university" means a university established or deemed to be established by or under any law of the State Legislature;

(13) "secretary" means a Secretary to the Government of Karnataka and includes a Special Secretary, an Additional Secretary and a Joint Secretary;

(14) "Upalokayukta" means a person appointed as Upalokayukta under Section 3.





3. Appointment of Lokayukta and Upalokayukta.

(1) For the purpose of conducting investigations and enquiries in accordance with the provisions of this Act, the Governor shall appoint a person to be known as the Lokayukta and one or more persons to be known as the Upalokayukta or Upalokayuktas.

(2) (a) A person to be appointed as the Lokayukta shall be a person who has held the office of a Judge of the Supreme Court or that of the Chief Justice of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the Opposition in the Karnataka Legislative Council and the Leader of the Opposition in the Karnataka Legislative Assembly.

(b) A person to be appointed as an Upalokayukta shall be a person who has held the office of the Judge of a High Court and shall be appointed on the advice tendered by the Chief Minister in consultation with the Chief Justice of the High Court of Karnataka, the Chairman, Karnataka Legislative Council, the Speaker, Karnataka Legislative Assembly, the Leader of the opposition in the Karnataka Legislative Council and the Leader of the opposition in the Karnataka Legislative Assembly.

(3) A person appointed as the Lokayukta or an Upalokayukta shall, before entering upon his office, make and subscribe before the Governor, or some person appointed in that behalf of him, an oath or affirmation in the form set out for the purpose in the First Schedule.



4. Lokayukta or Upalokayukta not to hold any other office- The Lokayukta or Upalokayukta shall not be a member of the Parliament or be a member of the Legislature of any State and shall not hold any office or trust of profit (other than his office as Lokayukta or Upalokayukta) or be connected with any political party or carry on any business or practice any profession and accordingly, before he enters upon his office, a person appointed as the Lokayukta or an Upalokayukta shall-

(a) if he is a Member of the Parliament or of the Legislature of any State, resign such membership; or



(b) if he holds any office of trust or profit, resign from such office; or



(c) if he is connected with any political party, sever his connection with it; or



(d) if he is carrying on any business, sever his connection (short of divesting himself of ownership) with the conduct and management of such business; or



(e) if he is practicing any profession, suspend practice of such profession.



5. Term of office and other conditions of service of Lokayukta and Upalokayukta – (1) A person appointed as the Lokayukta or Upalokayukta shall hold office for a term of five years from the date on which he enters upon his office;

Provided that.-

(a) the Lokayukta or an Upalokayukta may, by writing under his hand addressed to the Governor, resign his office;



(b) the Lokayukta or an Upalokayukta may be removed from office in the manner provided in Section 6.

(2) On ceasing to hold office, the Lokayukta or an Upalokayukta shall be ineligible for further employment to any office of profit under the Government of Karnataka or in any authority, corporation, company, society or university referred to in item (g) of clause (12) of section 2.

(3) There shall be paid to the Lokayukta and the Upalokayukta every month a salary equal to that of the Chief Justice of a High Court and that of a Judge of the High Court respectively;

(4) The allowances payable to and other conditions of service of the Lokayukta or an Upalokayukta shall be such as may be prescribed;

Provided that.-

(a) in prescribing the allowances payable to and other conditions of service of the Lokayukta, regard shall be had to the allowances payable to and other conditions of service of the Chief Justice of India;

(b) in prescribing the allowances payable to and other conditions of service of the Upalokayukta, regard shall be had to the allowances payable to and other conditions of service of a Judge of the High Court;

(c) no Dearness Allowance shall be payable either to the Lokayukta or Upalokayukta:

Provided further that the allowances payable to and other conditions of service of the Lokayukta or Upalokayukta shall not be varied to his disadvantage of his appointment.

(5) The administrative expenses of the office of the Lokayukta and Upalokayukta including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged on the Consolidated Fund of the State.






6. Removal of Lokayukta or Upalokayukta-

(1) The Lokayukta or an Upalokayukta shall not be removed from his office except by an order of the Governor passed after an address by each House of the State Legislature supported by a majority of the total membership of the House and by a majority of not less than two thirds of the members of that House present and voting has been presented to the Governor in the same session for such removal on the ground of proved misbehaviour or incapacity.

(2) The procedure of the presentation of an address and for the investigation and proof of the misbehaviour or incapacity of the Lokayukta or an Upalokayukta under sub-section (1) shall be as provided in the Judges (Inquiry) Act, 1968 in relation to the removal of a Judge and accordingly the provisions of that Act shall, mutatis mutandis, apply in relation to the removal of the Lokayukta and Upalokayukta as they apply in relation to the removal of a Judge.



7. Matters which may be investigated by the Lokayukta and an Upalokayukta.– (1) Subject to the provisions of this Act, the Lokayukta may investigate any action which is taken by or with the general or specific approval of

(i) the Chief Minister;

(ii) a Minister or a Secretary;

(iii) a member of the State Legislature; or

(iv) any other public servant being a public servant of a class notified by the State Government in consultation with the Lokayukta in this behalf;

in any case where a complaint involving a grievance or an allegation is made in respect of such action.

(2) Subject to the provisions of the Act, an Upalokayukta may investigate any action which is taken by or with the general or specific approval of, any public servant not being the Chief Minister, Minister, Member of the Legislature, Secretary or other public servant refereed to in sub-section (1), in any case where a complaint involving a grievance or an allegation is made in respect of such action or such action can be or could have been, in the opinion of the Upalokayukta, the subject of a grievance or an allegation.

(2A) Notwithstanding anything contained in sub-sections (1) and (2), the Lokayukta or an Upalokayukta may investigate any action taken by or with the general or specific approval of a public servant, if it is referred to him by the State Government.

(3) Where two or more Upalokayuktas are appointed under this Act, the Lokayukta may, by general or special order, assign to each of them matters which may be investigated by them under this Act.
Provided that no investigation made by an Upalokayukta under this Act, and no action taken or things done by him in respect of such investigation shall be open to question on the ground only that such investigation relates to a matter which is not assigned to him by such order.

(4) Notwithstanding anything contained in sub-sections (1) to (3), when an Upalokayukta is unable to discharge his functions owing to absence, illness or any other cause, his function may be discharged by the other Upalokayukta, if any and if there is no other Upalokayukta by the Lokayukta.






8. Matters not subject to investigation:-

(1) Except as hereinafter provided, the Lokayukta or an Upalokayukta shall not conduct any investigation under this Act in the case of a complaint involving a grievance in respect of any action, -

(a) if such action relates to any matter specified in the Second Schedule; or

(b) if the complainant has or had, any remedy by way of appeal, revision, review or other proceedings before any tribunal, Court officer or other authority and has not availed of the same.

(2) The Lokayukta or an Upalokayukta shall not investigate, -

(a) any action in respect of which a formal and public enquiry has been ordered with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;

(b) any action in respect of a matter which has been referred for inquiry, under the Commission of Inquiry Act, 1952 with the prior concurrence of the Lokayukta or an Upalokayukta, as the case may be;

(c) any complaint involving a grievance made after the expiry of a period of six months from the date on which the action complained against become known to the complainant; or

(d) any complaint involving an allegation made after the expiry of five years from the date on which the action complained against is alleged to have taken place:

Provided that he may entertain a complaint referred to in clauses (c) and (d) if the complainant satisfies that he had sufficient cause for not making the complaint within the period specified in those clauses.

(3) In the case of any complaint involving a grievance, nothing in this Act shall be construed as empowering the Lokayukta or an Upalokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied that the elements involved in the exercise of the discretion are absent to such an extent that the discretion can prima facie be regarded as having been improperly exercised.



9. Provisions relating to complaints and investigations-

(1) Subject to the provisions of this Act, any person may make a complaint under this Act to the Lokayukta or an Upalokayukta.

(2) Every complaint shall be made in the form of a statement supported by an affidavit and in such forms and in such manner as may be prescribed.

(3)Where the Lokayukta or an Upalokayukta proposes, after making such preliminary inquiry as he deemed fit to conduct any investigation under this Act, he.-

(a) shall forward a copy of the complaint to the public servant and the Competent Authority concerned;

(b)shall afford to such public servant an opportunity to offer his comments on such complaint;

(c) may make such order as to the safe custody of documents relevant to the investigation, as he deems fit.

(4)Save as aforesaid, the procedure for conducting any such investigation shall be such, and may be held either in public or in camera, as the Lokayukta or the Upalokayukta, as the case may be, considers appropriate in the circumstances of the case.

(5) The Lokayukta or the Upalokayukta may, in his discretion, refuse to investigate or cease to investigate any complaint involving a grievance or an allegation, if in his opinion,-

(a) the complaint is frivolous or vexatious or is not made in good faith;

(b) There are no sufficient grounds for investigating or, as the case may be, for continuing the investigation; or

(c) Other remedies are available to the complainant and in the circumstances of the case it would be more proper for the complainant to avail such remedies.

(6) In any case where the Lokayukta or an Upalokayukta decides not to entertain a complaint or to discontinue any investigation in respect of a complaint he shall record his reasons therefor and communicate the same to the complainant and the public servant concerned.

(7) The conduct of an investigation under this Act against a Public servant in respect of any action shall not affect such action, or any power or duty of any other public servant to take further action with respect to any matter subject to the investigation.



10. Issue of Search Warrant, etc.- (1) Wherein consequence of information in his possession, the Lokayukta or an Upalokayukta –

(a) has reason to believe that any person. -

(i) to whom a summon or notice under this Act, has been or might be issued, will not or would not produce or cause to be produced any property, document or thing which will be necessary or useful for or relevant to any inquiry or other proceeding to be conducted by him;



(ii) is in possession of any money, bullion, jewellery or other valuable article or thing and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed to the authorities for the purpose of any law or rule in force which requires such disclosure to be made; or

(b) considers that the purposes of any inquiry or other proceedings to be conducted by him will be served by a general search or inspection, he may by a search warrant authorize any Police officer not below the rank of an Inspector of Police to conduct a search or carry out an inspection in accordance therewith and in particular to, -

(i) enter and search any building or place where he has reason to suspect that such property, document, money, bullion, jewellery or other valuable article or thing is kept;

(i-a) search any person who is reasonably suspected of concealing about his person any article for which search should be made;

(ii) break open the lock of any door, box, locker safe, almirah or other receptacle for exercising the powers conferred by sub-clause (i) where the keys thereof are not available.

(iii) Seize any such property, document, money, bullion, jewellery or other valuable article or thing found as a result of such search;

(iv) place marks of identification on any property or document or make or cause to be made; extracts or copies therefrom; or

(v) make a note or an inventory of any such property, document, money, bullion, Jewellery or other valuable article or thing.

(2) The provisions of the Code of Criminal Procedure, 1973, relating to search and seizure shall apply, so far as may be, to searches and seizures under sub-section (1).

(3) A warrant issued under sub-section (1) shall for all purposes, be deemed to be a warrant issued by a court under section 93 of the Code of Criminal Procedure, 1973.


11. Evidence__(1) Subject to the provisions of this section, for the purpose of any investigation (including the preliminary inquiry, if any, before such investigation) under this Act, the Lokayukta or an Upalokayukta may require any public servant or any other person who, in his opinion is able to furnish information or produce documents relevant to the investigation to furnish any such information or produce any such document.

(2) For the purpose of any such investigation (including the preliminary inquiry) the Lokayukta or an Upalokayukta shall have all the powers of a civil court while trying a suit under the Code of Civil Procedure, 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) Such other matters as may be prescribed.

(3) Any proceeding before the Lokayukta or an Upalokayukta shall be deemed to be a judicial proceeding with in the meaning of section 193 of the Indian Penal Code.

(4) No person shall be required or authorised by virtue of this Act to furnish any such information or answer any such question or produce so much of any document.

(a) as might prejudice the affairs of the State of Karnataka or the security or defence or international relations of India (including India's relations with the Government of any other country or with any international organisation);

(b) as might involve the disclosure of proceedings of the Cabinet of the State Government or any Committee of that Cabinet,and for the purpose of this sub-section, a certificate issued by the Chief Secretary certifying that any information, answer or portion of a document is of the nature specified in clause(a) or clause(b), shall be binding and conclusive.

(5) For the purpose of investigation under this Act no person shall be compelled to give any evidence or produce any document, which he could not be compelled to give or produce in proceedings before a court.





12. Reports of Lokayukta, etc. (1) If, after investigation of any action involving a grievance has been made, the Lokayukta or an Upalokayukta is satisfied that such action has resulted in injustice or undue hardship to the complainant or to any other person, the Lokayukta or an Upalokayukta shall, by a report in writing, recommend to the competent authority concerned that such injustice or hardship shall be remedied or redressed in such manner and within such time as may be specified in the report.

(2)The competent authority to whom a report is sent under sub-section(1) shall, within one month of the expiry of the period specified in the report, intimate or cause to be intimated to or the Lokayukta the Upalokayukta the action taken on the report.

(3)If, after investigation of any action involving an allegation has been made, the Lokayukta or an Upalokayukta is satisfied that such allegation is substantiated either wholly or partly, he shall by report in writing communicate his findings and recommendations along with the relevant documents, materials and other evidence to the competent authority.

(4) The Competent authority shall examine the report forwarded to it under sub-section (3) and within three months of the date of receipt of the report, intimate or cause to be intimated to the Lokayukta or the Upalokayukta the action taken or proposed to be taken on the basis of the report.

(5)If the Lokayukta or the Upalokayukta is satisfied with the action taken or proposed to be taken on his recommendations or findings referred to in sub-sections (1) and (3), he shall close the case under information to the complainant, the public servant and the competent authority concerned; but where he is not so satisfied and if he considers that the case so deserves, he may make a special report upon the case to the Governor and also inform the Competent Authority concerned and the Complainant.

(6) The Lokayukta shall present annually a consolidated report on the performance of his functions and that of the Upalokayukta under this Act to the Governor.

(7) On receipt of the special report under sub-section (5), or the annual report under sub-section (6), the Governor shall cause a copy thereof together with an explanatory memorandum to be laid before each House of the State Legislature.

(8) The Lokayukta or an Upalokayukta may at his discretion make available, from time to time, the substances of cases closed or otherwise disposed of by him which may appear to him to be of general, public, academic or professional interest in such manner and to such persons as he may deem appropriate.



13. Public servant to vacate office if directed by Lokayukta etc. (1) Where after investigation into a complaint the Lokayukta or an Upalokayukta is satisfied that the complaint involving an allegation against the public servant is substantiated and that the public servant concerned should not continue to hold the post held by him, the Lokayukta or the Upalokayukta shall make a declaration to that effect in his report under sub-section (3) of section 12. Where the competent authority is the Governor, State Government or the Chief Minister, it may either accept or reject the declaration. In other cases, the competent authority shall send a copy of such report to the State Government, which may either accept or reject the declaration. If it is not rejected within a period of three months from the date of receipt of the report, or the copy of the report, as the case may be, it shall be deemed to have been accepted on the expiry of the said period of three months.

(2) If the declaration so made is accepted or is deemed to have been accepted, the fact of such acceptance or the deemed acceptance shall immediately be intimated by Registered post by the Governor, the State Government or the Chief Minister if any of them is the competent authority and the State Government in other cases then, notwithstanding anything contained in any law, order, notification, rule or contract of appointment, the public servant concerned shall, with effect from the date of intimation of such acceptance or of the deemed acceptance of the declaration,

(i) if the Chief Minister or a Minister resign his office of the Chief Minister, or Minister, as the case may be.

(ii) If a public servant falling under items (e) and (f), but not falling under items (d) and (g) of clause (12) of section 2, be deemed to have vacated his office: and

(iii) If a public servant falling under items (d) and (g) of clause (12) of section 2, be deemed to have been placed under suspension by an order of the appointing authority.

Provided that if the public servant is a member of an All India Service as defined in section 2 of the All India Services Act, 1951 (Central Act 61 to 1951) the State Government shall take action to keep him under suspension in accordance with the rules or regulations applicable to his service.



14. Initiation of Prosecution.- If after investigation into any complaint the Lokayukta or an Upalokayukta is satisfied that the public servant has committed any criminal offence and should be prosecuted in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the public servant concerned and if prior sanction of any authority is required for such prosecution, then, notwithstanding anything contained in any law, such sanction shall be deemed to have been granted by the appropriate authority on the date of such order.



15. Staff of Lokayukta, etc.- (1) There shall be such officers and employees as may be prescribed to assist the Lokayukta and the Upalokayukta or the Upalokayuktas in the discharge of their functions under this Act.

(2) The categories, recruitment and conditions of service of the officers and employees referred in sub-section (1) including such special conditions as may be necessary for enabling them to act without fear in the discharge of their functions, shall be such as may be prescribed in consultation with the Lokayukta.

(3) Without prejudice to the provisions of sub-section (1), the Lokayukta or an Upalokayukta may for the purpose of conducting investigations under this Act utilize the services of.-

(a) any officer or investigating agency of the State Government; or

(aa)any officer or investigating agency of the Central Government with the prior concurrence of that Government; or

(b) any other agency.

(4) The officers and other employees referred to in sub-section (1) shall be under the administrative and disciplinary control of the Lokayukta:

Provided that when Lokayukta is unable to discharge his functions owing to absence, illness or any other cause, the Upalokayukta or if there are more than one Upalokayukta, the senior among them may discharge the functions of the Lokayukta under this sub-section.




16. Secrecy of Information. - (1) Any information obtained by the Lokayukta or an Upalokayukta or members of his staff in the course of or for the purpose of any investigation under this Act and any evidence recorded or collected in connection with such information, shall be treated as confidential and no court shall be entitled to compel the Lokayukta or the Upalokayukta or any public servant to give evidence relating to such information or produce the evidence so recorded or collected.

(2) Nothing in sub-section (1) shall apply to the disclosure of any information or particulars referred to therein, -

(a) for the purpose of this Act or for the purposes of any action or proceedings to be taken on such report under section 12;

(b) for purposes of any proceedings for an offence under the Official Secrets Act, 1923, or an offence of giving or fabricating false evidence under the Indian Penal Code or for purposes of trial of any offence under section 14 or any proceedings under section 17; or

(c) for such other purposes as may be prescribed.



17. Intentional insult or interruption to or bringing into disrepute the Lokayukta or Upalokayukta.- (1) Whoever intentionally insults or causes any interruption to the Lokayukta or Upalokayukta while the Lokayukta or Upalokayukta is conducting any investigation or inquiry under this Act shall on conviction be punished with simple imprisonment for a term which shall not be less than six months but may extend to one year or with fine, or with both.


(2) Whoever, by words spoken or intended to be read, makes or publishes any statement or does any other act, which is calculated to bring the Lokayukta or an Upalokayukta into disrepute, shall, on conviction, be punished with simple imprisonment for a term which shall not be less than six months but may extend to one year or with fine, or with both.

(3) The provisions of section 199 of Code of Criminal procedure, 1973, shall apply in relation to an offence under sub-section (1) or sub-section (2) as they apply in relation to an offence referred to in sub-section (1) of the said Section 199, subject to the modification that no complaint in respect of such offence shall be made by the Public Prosecutor except with the previous sanction of the Lokayukta or the concerned Upalokayukta;

Provided that the Court may for any adequate and special reasons to be mentioned in the judgment impose a lesser sentence of imprisonment and fine.


17A. Power to punish for contempt

The Lokayukta or Upa-Lokayukta shall have, and exercise the same jurisdiction powers and authority in respect of contempt of itself as a High court has and may exercise, and, for this purpose, the provisions of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) shall have the effect subject to the modification that the references therein to the High Court shall be construed as including a reference to the Lokayukta or Upalokayukta, as the case may be.





18. Protection- (1) No suit, prosecution, or other legal proceedings shall lie against the Lokayukta or an Upalokayukta or against any officer, employee, agency or person referred to in Section 15 in respect of anything which is in good faith done while acting or purporting to act in the discharge of his official duties under this Act.

(2) No proceedings of the Lokayukta or an Upalokayukta shall be held to be bad for want of form and except on the ground of jurisdiction, no proceedings or decision of the Lokayukta or an Upalokayukta shall be liable to be challenged, reviewed, quashed or called in question in any court of ordinary Civil Jurisdiction.





19. Conferment of additional functions on Lokayukta or Upalokayukta - (1) The Government may, by order, in writing and after consultation with an Upalokayukta, confer on the Upalokayukta powers to hold, in such manner and through such officers, employees and agencies referred to in section 15, as may be prescribed, enquiries against Government servants and persons referred to in item (g) of clause (12) of section 2, other than those falling under clause (ii) and (iv)of sub section (1) of Section (7) in disciplinary or other proceeding transferred under sub-section (3) of Section 26 commenced in furtherance of the recommendations of the Upalokayukta or otherwise.

(2) Where powers are conferred on an Upalokayukta, under sub-section (1) such Upalokayukta shall exercise the same powers and discharge the same functions as he would in the case of any investigation made on a complaint involving a grievance or an allegation, as the case may be, and the provisions of this Act shall apply accordingly.



20. Prosecution for false complaint-(1) Notwithstanding anything contained in this Act, whoever makes any false and frivolous or vexatious complaint under this Act shall, on conviction be punished with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees.

(2) No Court, except a Court of a Metropolitan Magistrate or a Judicial Magistrate First Class shall take cognizance of an offence under sub section (1).

(2A) No such Court shall take cognizance of an offence under sub-section (1) except on a complaint made by a person against whom false, frivolous or vexatious complaint was made after obtaining the previous sanction of the Lokayukta or the Upalokayukta, as the case may be.

(3) The prosecution in relation to an offence under sub-section (1) shall be conducted by the public prosecutor and all expenses connected with such prosecution shall be borne by the State Government.



21. Power to delegate- The Upalokayukta may, subject to such rules as may be prescribed, by general or special order, in writing direct that the functions and powers conferred by section 19 may also be exercised or discharged by such of the officers, employees or agencies referred to in section 15 as may be specified in the order.




22. Public Servants to submit property statements-

(1) Every public servant referred to in Sub-Section (1) of Section 7, other than a Government Servant, shall within three months after the commencement of this Act and thereafter before the 30th June of every year submit to the Lokayukta in the prescribed form a statement of his assets and liabilities and those of the members of his family.

(2) If no such statement is received by the Lokayukta from any such public servant within the time specified in sub-section (1), the Lokayukta shall make a report to that effect to the competent authority and send a copy of the report to the public servant concerned. If within two months of such report the public servant concerned does not submit such statement, the Lokayukta, shall publish or cause to be published the name of such public servant in three news papers having wide publication in the State.

Explanation- In this section "family of a public servant" means the spouse and such children and parents of the public servant as are dependent on him.





23. Power to make rules – (1) The State Government may, by notification in the Official Gazette, make rules for the purpose of carrying into effect the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for .-

(a)the authorities to be prescribed under sub-clause (d) of clause (4) of section.2;

(b)the allowance and pensions payable to and other conditions of service of the Lokayukta and an Upalokayukta;

(c)the form and manner in which a complaint may be made;

(d)the powers of a Civil Court which may be exercised by the Lokayukta or an Upalokayukta under clause (f) of sub-section (2) of section 11;

(e)the salary, allowances, recruitment and other conditions of service of the staff and employees of the Lokayukta or Upalokayukta under sub-section (2) of section 15;

(f)enquiries against Government servants under section 19;

(g) any other matter for which rules have to be made are necessary under this Act.

(2A) Any rule made under this Act may be made with retrospective effect and when such a rule is made the reasons for making the rule shall be specified in a Statement laid before both Houses of the State Legislature subject to any modification made under sub-section (3). Every rule made under this Act shall have effect as if enacted in this Act.

(3) Every rule made under this Act shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.




24. Removal of doubts- (1) For the removal of doubts it is hereby declared that nothing in this Act shall be construed as authorising the Lokayukta or an Upalokayukta to investigate any action which is taken by or with the approval of, -

(a) any Judge as defined in section 19 of the Indian Penal Code;

(b) any officer or servant of any civil or criminal court in India;

(c) the Accountant General for Karnataka;

(d) the Chief Election Commissioner, the Election Commissioners and the Regional Commissioners referred to in Article 324 of the Constitution and the Chief Electoral Officer, Karnataka State;

(e) the Speaker of the Karnataka Legislative Assembly or the Chairman of the Karnataka Legislative Council, and

(f) the Chairman or a member of the Karnataka Public Service Commission,

(2) The provisions of this Act shall be in addition to the provisions of any other enactment or any rule or law under which any remedy by way of appeal, revision, review or in any other manner is available to a person making a complaint under this Act in respect of any action and nothing in this Act shall limit or affect the right of such person to avail of such remedy.





25. Removal of difficulties- Notwithstanding anything contained in this Act, the Governor may, by order, make such provision as he may consider necessary or expedient, -

(i) for bringing the provisions of this Act into effective operation;

(ii) for continuing the enquiries and investigations against Government servants and persons referred to in item (g) of clause 12 of section 2 pending before the Government or any other authority including the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 by the Lokayukta or an Upalokayukta.





26. Repeal and savings – (1) The Karnataka State Vigilance Commission Rules, 1980 and the Karnataka Public Authorities (Disciplinary Proceedings against Employees) Act, 1982 (Karnataka Act 31 of 1982) and the Karnataka Lokayukta Ordinance, 1984 (Karnataka Ordinance 1 of 1984) are hereby repealed.

(2) Notwithstanding such repeal any act or thing done under the said rules or Act or Ordinance shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.

(3) All enquiries and investigations and other disciplinary proceedings pending before the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980 and which have not been disposed of, shall stand transferred to and be continued by the Upalokayukta as if they were commenced before him under this Act.

(4) Notwithstanding anything contained in this Act, initially the staff of the Lokayukta shall consist of the posts of the Secretary and other Officers and Employees of the Karnataka State Vigilance Commission constituted under the Karnataka State Vigilance Commission Rules, 1980, immediately before the commencement of this Act and appointments to the said posts are hereby made by the transfer of the Secretary and other officers and employees of the State Vigilance Commission holding corresponding posts. The salaries, allowances and other terms and conditions of services of the said Secretary, officers and other employees shall, until they are varied, be the same as to which they were entitled to immediately before the commencement of this Act.






FIRST SCHEDULE



[See Section 3 (3)]



I, ………………………………… having been appointed as Lokayukta/ Upalokayukta do swear in the name of God solemnly affirm that I will bear true faith and allegiance to the Constitution of India as by law established and I will duly and faithfully and to the best of my ability, knowledge and Judgement perform the duties of my office without fear or favour, affection or ill-will.






SECOND SCHEDULE

[See Section 8(i)(a)]

(a) Action taken for the purpose of investigating crimes relating to the security of the State

(b) Action taken in the exercise of powers in relation to determining whether a matter shall go to a court or not,

(c) Action taken in matters which arise out of the terms of a contract governing purely commercial relations of the administration with customers or suppliers except where the complainant alleges harassment or gross delay in meeting contractual obligations.

(d) Action taken in respect of appointments, removals, pay, discipline, superannuation or other matters relating to conditions of service of public servants but not including action relating to claims for pension, gratuity, provident fund or to any claims which arise on retirement, removal or termination of service.

(e) Grant of honours and awards.

KCSR-chpter-XX "Remployment of Pentioner"

ವಿ.ಸೂ : ಇಲ್ಲಿ ಪಡೆಯುವ ಮಾಹಿತಿಗೆ ನೀವು ಲಂಚ ಕೊಡಬೇಕಾಗಿಲ್ಲ. ಕೊನೇಪಕ್ಷ ಕಾಮೆಂಟ್ /ಸಲಹೆ /ರೇಟಿಂಗ್  ಕೊಡೊ ಸೌಜನ್ಯವನ್ನಾದರೂ ತೋರಿಸಿ. ಈ ಮಾಹಿತಿ ಉಪಯುಕ್ತವೇ ಎಂಬ ಬಗ್ಗೆ ಲೇಖನದ ಕೊನೆಯಲ್ಲಿರುವ ಚೆಕ್ ಬಾಕ್ಷ್ ನಲ್ಲಿ ಕ್ಲಿಕ್ ಮಾಡಿ) Karnataka Journal of Pulic Administartion  ಕರ್ನಾಟಕ ಆಡಳಿತ ದರ್ಪಣ


CHAPTER XX
RE-EMPLOYMENT OF PENSIONERS
SECTION II - GENERAL RULES
303.(a) No Government servant may retire with the view ofbeing re-employed, and drawing pension in addition to pay, whether in Government service or in the service of any Local Fund.
(b) When a person who was formerly in Government employ is re-employed, whether temporarily or permanently in Government service or in the service of a Local Authority, it shall be incumbent on him to declare the amount of any gratuity, bonus or pension received by him on retirement. The authority re-appointing him shall ‘specifically state in the order of reappointment whether any deduction is to be made from pension or salary as required by the rules of this Chapter and shall communicate a copy of the order to the Audit Officer.
Note - 1. The principle of this Rule applies in the case ofcontinued employment on retirement from Government service. The amount of the pension to be declared is that sanctioned originally i.e., it shall be inclusive of any amount that may have been commuted.
Note-2. The above provisions shall also apply to persons who were formerly in the Civil or Military employment of theGovernment of India or any State Government and re-employed in Karnataka State Service after retirement.
1[304(1) If a pensioner who, immediately before his retirement was a gazetted Government servant, wishes to accept any commercial employment before the expiry of two years from the date of his retirement, he shall obtain the previous sanction ofthe Government to such acceptance.]
Provided that a Government servant who was permitted by the Government to take up a particular form of commercial employment during his leave preparatory to retirement or during refused leave shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
(2) subject to the provisions of sub-rule (3), the Governmentmay, by order in writing, on an application in the form annexed to this rule made by a pensioner, grant, subject to such conditions, if any, as it may deem necessary; permission or refuse, for reasons to be recorded in the order permission, to
1. Substituted by No. FD 14 SRS 77 dated 22-3- 1979 (wef 5-4-1979). such pensioner to take up the commercial employment specified inthe application.
(3) In granting or refusing permission under sub-rule (2) toa pensioner for taking up any commercial employment, theGovernment shall have regard to the following factors namely;
(a) In nature of the employment proposed to be taken upand the antecedents of the employer;
(b) Whether his duties in the employment which heproposes to take up might be such as to bring him into conflict withGovernment;
(c) Whether the pensioner while in service had any suchdealing with the employer under whom he proposes to seekemployment as might afford a reasonable basis for the suspicionthat such pensioner had shown favours to such employer;
(d) Whether the duties of the commercial employmentproposed involve liaison or contract work with Governmentdepartments;
(e) Whether his commercial duties will be such that hisprevious official position or knowledge or experience underGovernment could be used to give the proposed employer an unfairadvantage;
(f) the emoluments offered by the proposed employer; and
(g) any other relevant factor.
(4) Where the Government grants the permission appliedfor subject to any conditions or refuses such permission, theapplicant may, within thirty days of the receipt of the order of theGovernment to that effect, make a representation against any suchconditions or refusal and the Government may make such ordersthereon as it deems fit;
Provided that no order other than an order cancelling ormodifying such condition or granting such permission without anyconditions shall be made under this sub-rule without giving thepensioner making the representation an opportunity to show causeagainst the order proposed to be made.
(5) If any pensioner takes up any commercial employmentat anytime before the expiry of two years from the dateof his retirement without the prior permission of theGovernment or commits a breach of any condition subject to which permission to take up any commercial employment has been granted to him under this rule, it shall be competent for the Government to declare by order in writing and for reasons to be recorded therein that he shall not be entitled to the whole or such part of the pension and for such period as may be specified in the order;
Provided that no such order shall be made without giving the pensioner concerned an opportunity of showing cause against such declaration:
Provided further that in making any order under this sub-rule, the Government shall have regard to the following factors, namely:-
(i) the financial circumstances of the pensioner concerned,.
(ii) the nature of, and the emoluments from, the commercialemployment taken up by the pensioner concerned; and
(iii) any other relevant factor.
(6) Every order passed by the Government under this ruleshall be communicated to the pensioner concerned.
(7) In this rules:-
(a) the expression ‘commercial employment’ means:-
(i) an employment in any capacity including that of an agent,under a company, co-operative society, firm or individual engaged in trading, commercial, industrial, financial or professional business and includes also a directorship of such company and partnership of such firm but does not include employment under a body corporate, wholly or substantially owned or controlled by the Government.
(ii) setting up practice either independently or as a partnerof a firm, as adviser or consultant in matters in respect of which the pensioner-
(A) has no professional qualifications and the matters Inrespect of which the practice is to be set up or carried on, are relatable to his official knowledge or experience, or
(B) has professional qualifications but the matters in respectof which such practice is to be set up as are likely to give his clients an unfair advantage by reason of his previous official position, or
(iii) has to under take work involving liaison or contact withthe offices or officers of the Government: .
Explanation:- For the purposes of this clause ‘employment under a co-operative society’ includes the holding of any office, whether elective or otherwise, such as that of President. Chairman, Manager, Secretary, Treasurer and the like, by whatever name called in such society.
(b) the expression ‘date of retirement’, in relation to aGovernment servant re-employed after retirement, without any break, either in the same or in another Class I or Class II post under the Government or in any other equivalent post under any other State Government or Central Government, means the date on which such Government servant finally ceases to be so reemployed in Government service.
ANNEXURE
Form of Application for Permission to accept Commercial Employment within a Period of two years after retirement.
1. Name of the officer (in block letters)
2. Date of retirement.
3. Particulars of the Department/Offices in which the officer served during the last five years preceding retirement (with duration)

Name of
Post held
Duration
Department/Office




From
To




4.Post held at the time of retirement and period for which held.
5.Pay scale of the post and the pay drawn by the officer at the time of retirement.
6.Pensionary benefits.
Pension sanctioned (Commutation, if Gratuity, if any
any should be mentioned)


7. Details regarding commercial employment proposed tobe taken up:
(a) Name of the Firm/Company/Co-operative Society, etc.
(b) Whether the official had during his official career, any dealings with the firm/etc.
(c) Duration and nature of the official dealings with the firm.
(d) Name of job/post offered,
(e) Whether post was advertised, if not how was offer made.
(f) Description of the duties of the job/post.
(g) Does it involve liaison/contact work with Governmentdepartments.
(h) Remuneration offered for post/job.
8. Any information which the applicant desires to furnish insupport of his request.
Station: Date: Signature of the Officer.
305. (a) Employment under a Government outside the State after retirement:- A. pensioner who wishes to accept any employment under a Government outside the State, should obtain the prior sanction of Government. No pension shall be payable to a pensioner who accepts such an employment without the previous sanction of Government in respect of any period for which he is so employed or such longer period as Government may direct.
(b) A Government servant permitted to take up a particularform of employment under a Government outside the State during his leave preparatory to retirement, shall not be required to obtain subsequent permission for his continuance in such employment after retirement.
(c) The term ‘employment under a Government outside the State’ shall include employment under any Government other than the Government of Karnataka or under a Local Authority or Corporation or any other Institution or organisation which functions under the supervision or control of a Government outside the State, 1[though such employment is at a place situated within the State.]
1. Inserted by No. FD 17 SRS 76 dated 12-1-1979 (wef 25-1-1979).
(d) The following certificate shall invariably be furnished Inthe Pension voucher form by all Pensioners who Immediately before retirement were holding appointments under Government:
“I declare that I have not accepted any employment under a Government outside the State.”
OR
“I declare that I have accepted employment under Government outside the State after obtaining the previous sanction of Government.”
306. The attention of every Government servant who is employed should be especially called to the provisions of this Chapter by the authority re-employing him, and whenever he becomes aware of such an appointment, by the Audit Officer: but the failure of such authority to do this will not be admitted as a ground for condoning any breach of the Rules contained in this Chapter.
307. A Government servant who has obtained a compensation gratuity, if re-employed in qualifying service, may either retain his gratuity in which case his former service will not count for future pension, or refund it and count his former service.
308. The intention to refund must be stated immediately on re-employment; but the refund may be made by monthly instalments of not less than one-third of the Government servants’ Pay and also not less than the whole gratuity divided by the number of months which have elapsed since the end of the service for which the gratuity was given. The right to count previous service does not revive till the whole amount is refunded.
309.(a) A Government servant who has obtained compensation pension, if re-employed, may retain his pension in addition to his pay, provided that, if he is re-employed in a Government establishment or in an establishment paid from a Local Fund, the Pension shall remain wholly or partly in abeyance, if the sum total of the pension and the pay on re-employment exceeds the pay in the appointment on abolition of which the pension was given
Note -1. Once the amount of pension has been fixed in conformity with the above condition, the Government servant shall be entitled to receive the benefits of increments in his new
scale or promotion to another scale or post without a further corresponding reduction in pension nor shall the amount of pension so fixed be varied during leave.
Note -2. When a Government servant not holding a substantive post is retrenched owing to reduction of establishment, he shall, on re-appointment, be started at the minimum of the grade pay of the post to which he is appointed. He will however count the previous service rendered as a regularly appointed candidate.
(b) If his re-employment is in qualifying service he may eitherretain his pension (subject to the proviso above stated), in which case his former service will not count for future pension or cease to draw any part of his pension and count his previous service. Pension immediately drawn need not be refunded.
Note - A Government servant counts his previous service under clause (b), if on re-employment his pension remains wholly in abeyance under the proviso to clause (a).
310. In the case of a section-writer or press servant who is re-employed, the pay of the appointment abolished is taken at the average earnings of the last six months of employment.
311. If a Government servant does not, within three months from the date of his re-employment, exercise the option conceded by Rule 309 of ceasing to draw pension and counting his former service, he may not thereafter do so without the permission of Government.
312. There is no bar to the re-employment of a Government servant who has regained health after obtaining invalid pension, or if a Government servant is invalidated as being incapacitated for employment in a particular branch of the service to his reemployment in some other branch of the service. The rule in such a case as to refunding gratuity, drawing pension, and counting service, is the same as in the case of re-employment after Compensation pension.
313.1[(a) Pensioners in receipt of superannuation or retiring pensions shall not ordinarily be re-employed in service paid from the Consolidated Fund of the State or a Local Fund. In case of necessity, which should be on strong public grounds, such pensioners may be re-employed or the term of their re-emloyment extended with the sanction of Government in each
1. Amended by No. FD 3 SRS 62 dated 10-1-1962.
case. Government may delegate this power to the Major Heads ofDepartments specified in Appendix I, subject to such conditions asthey may deem fit.]
(b) The pay to be allowed on re-employment is subject tothe following conditions all of which must be satisfied:-
(i) Pay on re-employment plus pension (including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu ofpension) should not exceed the substantive pay in a permanentpost but not pay in a temporary post drawn before retirement or theofficiating pay in cases where the[officiating post has been heldfor not less than one year immediately prior to retirement.
3[Note - 1 The personal pay granted during the fixation ofinitial pay on or after 1st January 1957, in the new scales of payand on account of the grant of stagnation increments thereaftershould be treated as forming part of the substantive or officiating pay, as the case may be, of the Government servant concerned forthe purpose of this sub-clause. The condition prescribed in subclause (iii) of this Rule should also be deemed to have been relaxedin such cases]
4[Note -2 In the case of re-employed pensioners retiredprior to 1st January, 1961, the pay drawn before retirement shall,for the purpose of this Rule, include a portion of the DearnessAllowances drawn by them prior to retirement not exceeding theamount noted below.
Portion of
Dearness
Allowance
counting as
part of pay
Rs.
1. When the Basic pay last drawn did not exceed Rs.80 25
2. When it exceeded Rs.80 but did not exceed Rs. l00 30
3. do 100 do 150 35
4. do 150 do 250 40
5. do 250 do 300 45
6. do 300 do 500 50
7. do 500 do 800 55
8. do 800 do 854 54 to Rs. 1 (that is on amount which with the basic Pay would make up Rs. 855)
1. Amended by No. FD 64 SRS 61 dated 17-11-1962.
2. Substituted by No. FD 78 SRS 66 dated 29-12-1966.
3. Inserted by No. FD 144 SRS 60 dated 29-4-1961. (wef 29-4-1961).
4. Inserted by No. FD 17 SRS 62 dated 28-3-1962. (wef 1-1-1961).
1[Note - 3. In the case of a Government Servant who has officiated continuously in more than one post in different grades immediately prior to his retirement, the pay which he would have drawn in the post which would have been held by him for more than a year but for his promotion to a higher post or posts shall be taken as officiating pay for determining the pay admissible on reemployment.]
2 [Note - 4. In the case of persons retiring from service before attaining the age of 55 years and re-employed under the State Government on or after Ist July 1964, the pension as shown below shall be ignored in following their pay on re-employment;
(a) In the case of pension not exceeding Rs. 50 permensem, the actual pension;
(b) In other cases, the first Rs. 3[125] of the pension.
In the case of persons who were re-employed prior to 1st July 1964 but continued on re-employment on 1st July 1964. pay may be fixed on 1st July 1964 on the basis of these provisions as if they have been re-employed for the first time from Ist July 1964.]
4[Note - 5. In the cases of Government servants who retired on or after 1st November 1968 and who have been re-employed. the pay drawn immediately before their retirement, shall for purposes of Rule 313 (b) (i) of the Karnataka Civil Services Rules, include.
(a) Where the retirement has taken place on or after 1stJanuary 1968 but before Ist April 1974 the portion of dearness allowance treated as additional basic pay in G.O. No. FD 25 SRP (1) 71 dated 29th January 1971:
(b)(i) Where the retirement has taken place on or after 1st April 1974 but before 1st January 1977 the dearness allowance as on 1st April 1973 sanctioned in G.O. No. FD 19 SRP (2) 73 dated 22nd June 1973 and ordered as counting for pension in G.O. FD 2 SRP (3) 74. dated 29th March 1974.
(ii) Where the Government servant has elected to retainthe scales of pay applicable to him as on 31st December 1976
1. Inserted by No. FD 44 SRS 67 dated 7-7-1967 (wef 1-4-1958 and also applicable to cases arising on or after 1-9- 1957).
2. Inserted by No. FD 51 SRS 64 dated 24-11-1967.
3. Substituted by No. FD 63 SRS 78 dated 12-1-1979 (wef 25-11-1978).
4. Inserted by No. FD 104 SRS 76 dated 21-12-1978 (wef 15-4-1978).
according to the proviso to rule 5 of the Karnataka Civil Services (Revised Pay) Rules 1976 and the retirement takes place while he held such scale, the dearness allowance as on Ist April 1973 sanctioned In G.O. No. FD 19 SRP (2) 73 dated 22nd June 1973 and ordered as counting for pension in G.O. No. FD 2 SRP (3) 74. dated 29th March 1974.]
1 [xxx]
(iii) Pay on re-employment. plus pension (including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu of pension) should not exceed the maximum of the time-scale of the post in which the Government servant is re-employed.
(iv) 2[Special allowance] can be drawn in addition to pay on re-employment provided (1) the total of pension and pay on reemployment plus 2[Special allowance] is restricted to the substantive pay last drawn or officiating pay last drawn 2[where such officiating pay has been drawn for not less than one year immediately prior to retirement] plus 2[Special allowance] last drawn, and (2) the 2[Special allowance] is attached to the post in which he is re-employed.
3[Note - If any 2[Special allowance] is granted to a Government servant on re-employment without attaching it to the post, such 2[Special allowance]y may be allowed to be drawn in addition to the pay fixed under this clause. If at the time of retirement the Government servant was in receipt of a 2[Special allowance] not attached to the post, only such portion of the 2[Special allowance] as has been counted for purpose of pension shall be taken into account in determining the pay last drawn prior to retirement provided such 2[Special allowance] was drawn continuously for atleast one year before retirement.]
4[(bb) The pay of pensioners re-employed on contract basis shall be governed by special orders of Government.]
Instructions:
It has been represented to Government by some of the Officers who have been appointed on contract basis, that the Accountant-General is not authorising them to draw Dearness Allowance at the admissible rates because the terms of contract do not provide for the payment of any Dearness Allowance in
1. Deleted by No. FD 44 SRS 67 dated 7-7-1967 (wef 1-4-1958 and also applicable to cases arising on or after 1-9-1957.
2. Substitued by No. FD 7 SRA 99 dated 29.4.2000 (wef 1.4.1998)
3. Amended by No. FD 64 SRS 61 dated 17-11-1962.
4. Inserted by No. FD 63 SRS 62 dated 7-8-1962
certain cases. It is the intention of the Government that the Dearness Allowance at the rates admissible from time to time to regularGovernment servants may be allowed also to officers reemployed on contract basis. Government therefore, direct that in all such cases, whether or not the terms of contract specifically provide forthe payment of Dearness and other Compensatory Allowances thesame may be allowed at the rates sanctioned to GovernmentServants from time to time, to the contract officers in addition to the pay fixed in the terms of contract. (G.O. No. FD 57 SRS 67 dated5th May 1967).
(c) Once the pay on re-employment is fixed, theGovernment servant shall be entitled to receive the benefits of increments even though the total of pension, including pensionequivalent of death-cum-retirement gratuity or gratuity in lieu ofpension, and pay, exceeds the substantive pay (officiating pay orpay in a temporary post if he is re-employed) in the same postdrawn before retirement, but it should not exceed the maximum of the time-scale of the post in which he is re-employed.
(d) Where on re-employment, pension is not held inabeyance, increments accruing after re-employment should bebased on the consolidated pay i.e., pay on re-employment pluspension (including pension equivalent of death-cum-retirementgratuity or gratuity in lieu of pension).
314. A pensioner of any class may, with the sanction of Government be employed without loss of pension provided that theemployment is bona fide temporary, lasting for not more than a year.
315. The fixation of pay on re-employment of pensionersdrawing part-time allowances may be regulated according to theprinciples enunciated in Rule 313: the officer may be permitted toretain his pension subject to the condition that his part-timeallowance on reemployment plus pension shall not exceed the payat the time of retirement.
316.(a) In the case of a pensioner who is re-employed inGovernment service or in the service of a Local Authority, and who commuted a portion of his pension after such re-employment, theamount of pension which the pensioner is entitled to draw underthe rules in this section shall be amount to which he would have been entitled had there been no commutation. less the amount commuted.
(b) In the case of a pensioner, a portion of whose pension has been commuted before re-employment, the original amount of the pension should be taken Into consideration in fixing the total receipts during re-employment or continued employment and not merely the un-commuted pension.
(c) In the case of a re-employed pensioner whose pensionis held wholly in abeyance during such re-employment and who commutes a portion of his pension during this period, his pay during re-employment shall be reduced by the amount of pension commuted with effect from the date on which the commutation becomes absolute. In the case of a pensioner whose pension is held partly in abeyance during such re-employment, and who, during this period, commutes a portion of his pension in excess of the portion actually drawn, his pay during re-employment shall be reduced, with effect from the date on which the commutation becomes absolute by an amount representing the difference between the portion of pension commuted and the portion of pension drawn until the commutation.
317. Retirement under the Contributory Provident Fund Scheme:- When a Government servant governed by the Contributory Provident Fund Rules is re-employed in the same or a similar post under Government or in an establishment paid from a Local Fund, his pay should be so fixed that such pay together with the pension equivalent of the Government contribution and Interest thereon credited to this Provident Fund shall not exceed the pay last drawn by him before retirement, the ‘Pension Equivalent’ being calculated by adopting the table of commuted value of pension.
Note - The pension equivalent in these cases will be calculated on the basis of the age of the officer on the date of final retirement from service. If, however, the age on the date of retirement falls between two whole number of years the pension equivalent may be calculated on the basis of the age on the next birth-day.
SECTION II - PENSION FOR NEW SERVICE
318. A Government servant who, having been discharged with a pension is subsequently re-employed may not count his new service for a separate pension. Pension if any, is admissible only for the new service combined with the old the whole being counted as one service.
319.(1) If a Government servant who has obtained a Compensation or Invalid pension is re-employed in pensionable service and retains the pension, the pension or gratuity
admissible for his subsequent service is subject to the following limitation namely, that the gratuity or the capital value of the pension shall not be greater than the difference between the value of the pension that would be admissible at the time of the Government servant’s final retirement, if the two periods of service were combined, and the value of the pension already granted for the previous service.
1[(2) Where, a person in receipt of minimum pension from the Government of India has been appointed as a direct recruit, in accordance with the rules of recruitment, in the State Civil Service,-
(a) the pension admissible to him on his retirement fromservice shall be calculated in accordance with the provisions of these rules but shall not be subject to the minimum pension prescribed by or under these rules,
(b) the family pension admissible to his family in the eventof his death, shall be calculated in accordance with the provisions of these rules or the Karnataka Government Servants (Family Pension) Rules, 1964, if applicable, but shall not be subject to the minimum family pension prescribed by or under the said rules.
320.(a) If a gratuity received for the earlier service has not been refunded, gratuity or pension as the case may be allowed of the subsequent service on condition that the amount of such gratuity or the present value of such pension calculated according to the table of commuted value of pensions plus the amount of the previous gratuity shall not exceed the amount of gratuity or the present value of the pension that would have been admissible had the gratuity received for earlier service been refunded.
(b) If the amount of such gratuity or the present value ofsuch pension, plus the amount of the previous gratuity, exceeds the amount of gratuity or the present value of the pension that would have been admissible if the gratuity received for the earlier service had been refunded, the excess must be disallowed.
1. Inserted by No. FD 3 SRS 79 dated 8-2-1980 (wef 21-2-1980)
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