DRAFT RULES: Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2025.
Draft Rules: NOTIFICATION
The draft of the following rules which the Government of Karnataka proposes to make in exercise of the powers conferred by section 12 of the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011 (Karnataka Act 2 of 2011) is hereby published as required by sub section (1) of section 12 of the said Act for the information of all persons likely to be affected thereby and notice is hereby given that the said draft will taken into consideration after seven days from the date of its publication in the Official Gazette
Any objection or suggestion which may be received by the State Government from any person with respect to the said draft before the expiry of the period specified above will be considered by the State Government. Objections and Suggestions may be addressed to the Principal Secretary to Government, Health and Family Welfare Department, Room No. 105, Vikasa Soudha, Dr. Ambedkar Veedhi, Bengaluru -560001.
DRAFT RULES
1. Title and commencement.- (1) These rules may be called the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2025.
(2) These rules shall come into force from the date of their Preliminary publication in the Official Gazette
2. Definitions. (1) In these rules unless the context otherwise requires,-
(a) Act' means the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Act, 2011 (Karnataka Act 2 of 2011);
(b) "Critical vacancy" means and includes such of those vacancies in any cadre which in the exigencies of Administration and in the best interest of Public Health and Family Welfare Service Government cannot afford to perpetuate the same, namely:-
(i) where more than fifty percent of the sanctioned posts in a cadre are vacant in any Government Hospital or Government Institution other than a Primary Health Centre or sub-centre; and
(ii) absence of any one of the Specialists among the team of three Specialists viz., OBG, Pediatrician, Anesthetist who are very much essential for providing proper care to mother and child health in a Government Hospital or Government Institution;
(c) "Dependent children" mean children of the medical officer or staff, less than twelve years of age;
(d) "Persons belonging to special category" means the categories of persons mentioned in the table of sub-rule (3) of rule 6; and
(e) "Section" means section of the Act.
(2) All other words and expressions used in these rules but not specifically defined herein, shall have the same meaning assigned to them in the Act.
3. Competent Authority. The Competent Authorities for transfer of
Medical Officers and other staff specified in column (2) of the Table below shall be as specified in corresponding entries in column (3) thereof:-
4. Compulsory service of Medical Officers and other staff in rural areas, procedure of transfer etc., under section 4 of the Act. (1) It shall be compulsory for all Medical Officers and Other Staff to serve in rural areas as specified in the relevant rules of recruitment. A Medical Officer or Other Staff, who, has not served in rural areas for the specified minimum period under the relevant rules of recruitment and who has not attained the age of fifty years, shall be transferred and posted to work in a rural area.
(2) The competent authority as soon as it identifies Medical Officers or other staff working in non-rural area who have not attained the age of fifty years and have not completed the specified period of compulsory rural service, in the relevant rules of recruitment shall withdraw them from their current post and transfer them. through the process of counselling in order of priority as specified in rule 9, to work on a post in rural area.
5. Compulsory transfer of a Specialist or Senior Specialist to appropriate post and its procedure etc., under section 5 of the Act: (1) The
State Government may from time to time specify, by order, the details of various posts identified in various Government Hospitals for the Specialists and Senior Specialists possessing a particular post graduate degree or post graduate diploma qualification.
(2) The competent authority as soon as it identifies specialists and Senior Specialists, who are working in posts which are not identified by the State Government for the particular specialized qualification possessed by them, shall withdraw them from that post and transfer them through the process of counselling in order of priority as specified in rule 9, to the respective posts which have been identified for the particular specialized qualification possessed by them.
6. Transfer of Medical Officers and Other Staff in public interest under section 6 of the Act. (1) A Medical Officer or Other Staff who has completed the minimum number of years of continuous service in a Government hospital or Government Institution as specified in the table below, may be transferred to another Government hospital or Government Institution in the same area or zone or to any other area or zone.
Provided that, the minimum period of stay at a place specified above is not applicable to the cases of requests for transfers received from persons belonging to special categories specified in the table under in sub-rule (3) except for category specified at serial number 2 of the table, for one time in their service.
(2) The list of medical officers or staff who are eligible for transfer in public interest under sub-section (1) of section 6 of the Act, shall be prepared by selecting persons who have completed prescribed minimum tenure and who are most long-standing as per tenure in the current post, subject to the maximum limit for effecting transfers as provided in these rules:
Provided that, for people serving in Zone A, the total continuous service spent by the person in the area in different posts shall be counted for the purpose of this rule, rather than the total continuous service spent by person in the current post:
Provided further that, vacancies in Zone A shall not be available under counselling to the Medical Officers and staff transferred out of Zone A under sub-section(1) of section 6 of the Act.
(3) The requests for transfers or exemption from transfers under sub-section (1) of section 6 of the Act, may be submitted by following special categories of persons specified in column (2) of the table below along with supporting documents specified in column (3) thereof:
Provided that the special categories at serial number 1 to 3 shall be eligible for exemption from transfer under section 4 and sub-section (1) Section 6 of the Act or for preference in the priority list and the special categories at serial numbers 4, 5 and 6 shall be eligible for preference in the priority list but shall not be eligible for exemption from transfers under section 4 and sub-section(1) Section 6 of the Act.
Provided further, that the preference in the priority list shall be given in the same priority as in the above table
(4) Procedure in transfers in public interest under sub-section (1) of section 6 of the Act, shall be as per the Government approved notified calendar of events, and which shall be as follows: -
(a) inviting applications for transfers under sub-rule (3) of rule 6 within specified time;
(b) scrutiny of applications;
(c) publication of provisional priority list as per Rule 6(2), incorporating finalized applications as per sub-rule (b);
(d) submission of objections;
(e) publication of final priority list; and
(f) counselling
7. Notification of vacancies: The list of vacancies that are to be filled by
transfer, shall be displayed on the website of the Department. The list of vacancies shall include the list of existing clear vacancies as well as the list of positions occupied by Medical Officers or staff whose names are published in the final transfer list by treating these as deemed vacancies. While offering the vacancies in the list for counselling, the critical vacancies shall be given precedence over the non-critical vacancies.
8. Application for transfers under Rule 6(3): (1) All such transfer
applications shall be submitted through the concerned Heads of Government Hospitals/Institutions in the application form specified by the Competent Authority. However, the Officers and staff working in the office of the Commissioner of Health and Family Welfare Services and office of the Commissioner of AYUSH, shall submit their transfer applications to the Chief Administrative Officer of the respective Commissionerate.
(2) The Head of Institution, after due verification shall forward the applications to the concerned District Health and Family Welfare Officer or District Ayush Officer as the case may be.
(3) The District Health and Family Welfare Officer or the District Ayush Officer as case may be, shall consolidate and forward the applications to the concerned Competent Authority.
(4) The competent authority shall verify and certify the correctness of the particulars furnished in the application form.
(5) After verification of the applications for transfer, the data shall be Computerized.
(6) The above stated process for submitting applications may be incorporated in the computerized counselling software.
9. Preparation of Priority List: (1) The priority list shall be prepared by
multiplying the number of years of service by the applicant in all cadres in the places classified as Zone-A, Zone-B and rural area by the weighted ratio allotted to the respective zones as specified below to get the weighted service in years:
(a) Zone A: The completed number of years of service rendered in all cadres in Zone-Ax 1.00.
(b) Zone B: The completed number of years of service rendered in all cadres in Zone-Bx 1.50.
(c) Rural area: The completed number of years of service rendered in all cadres in rural area x 2.00.
(2) The staff with more weighted service shall be considered above the staff with lesser weighted service while preparing the priority list. In case of tie, the seniority of the individual shall be taken into consideration. In case of tie in seniority also, the older in age shall be given precedence.
10. General instructions regarding counseling: (1) Initial appointment,
promotion and transfers of Medical Officers and Other staff, shall be through computerized counselling.
(2) All transfers shall be done generally in the months of April and May of every year but may be extended by the government on reasonable grounds.
(3) The Government may transfer in public interest any time during the year in the exigencies of administration, like to fill a critical vacancy by posting the most long-standing persons, who have completed the prescribed minimum tenure in the post, in the list prepared as per sub-section (1) section 6, subject to the conditions and exemptions for the special categories.
(4) transfers of staff who have not satisfactorily completed their probationary period shall not be considered.
(5) The transfers of staff working on contract basis shall not be considered.
(6) The total number of transfers in public interest in a year, shall not exceed fifteen percent of the working strength in the respective cadre. Further, within the fifteen percent limit, the total number of request transfers including all categories of transfers under sub-rule (3) of rule 6 except terminally ill cases, in a year, shall not exceed five percent of working strength in the respective cadre.
11. Procedure for Transfers through computerized counseling:- The
candidates on the priority list shall be intimated about the date for counselling through Departmental website and press notes. On the date of counselling, the candidates shall be called in the order of priority and shall then be asked to choose any one of the vacant posts available at such session as displayed on the computer screen. If a candidate fails to turn up for counselling as per his turn at appropriate point of time, his claim shall be passed over and the next candidate in turn shall be called for the counselling. In case, the candidate whose claim has been passed over appears for counselling, such candidate may be considered for counselling at the end of the counselling session or at the end of the day's session whichever is earlier. In case of a candidate who fails to appear for counselling and also in case of a candidate who fails to make a choice at the time of the counselling, the Competent Authority may suo-moto consider and allot a vacancy at the end of the day's session.
12. Issue of orders: The Competent Authority or the officer authorized by
the competent authority shall issue a transfer order as per the choice of the candidate on the spot, duly deleting that vacancy from the list of vacancies. The Competent Authority or the officer authorized by the competent authority shall also issue transfer orders in respect of such of the candidates who failed to appear for counselling or failed to make selection during the counselling session, as per Suo-moto allotment made at the time of counselling. Copies of such orders issued must be sent to the concerned authorities also.
13. Completion of counselling: The process of transfers shall be
continued and within the time frame communicated by the competent authority.
14. Display of transfers effected: The list of transfers effected, indicating
the places of transfer against the names of the officers or officials transferred, shall be displayed on the noticeboard of the Competent Authority as well as on the Departmental website, before the commencement of the counselling session on the next day.
15. Procedure to be followed for posting of Medical Officer or Other Staff waiting for posting with the appointing or competent authority: (1) Such Medical Officer or Other Staff waiting for posting for any of the following reasons namely:-
(a) initial appointment or appointment by promotion; or
(b) being withdrawn under sub-sections (2) and (3) of section 4 and sub-section (2) of section 5 of the Act with the prior approval of the Government.
(c) being relieved consequent to abolition of the current post as per the orders of the government.
(d) reinstatement from suspension; or
(e) return from study leave; or
(f) return from any long-term unauthorized absence where the post occupied earlier is no longer vacant or is not feasible for posting.
(g) being relieved by the disciplinary authority from the current post in lieu of suspension when the disciplinary enquiry is pending; or
(h) being relieved from a current administrative post by the Government for reasons of un-satisfactory performance; or
shall be transferred any time during the year following the sequences given below for giving posting to them, subject to sections 4 and 5 of the Act: -
(i) intimation to candidates to appear for counselling.
(ii) notification of vacancies to be filled by the appointing authority;
(iii) verification of the credentials of the selected candidates namely, qualification, medical certificate etc., wherever applicable;
(iv) counselling of the candidates in the same order as in the select list for sub-rule 1(a) above or in the order of priority as per rule 9 for sub-rule 1(b) & (c) above or in the order of date of their reporting to the office of the competent authority for sub-rule 1(d) to 1(h);
(v) in case candidate either fails to appear for counselling or fails to make selection at the time of counselling, the Appointing Authority for sub-rule 1(a) above and competent authority for other cases shall Suo-moto allot a vacancy at the end of the counselling; and
(vi) issue of posting orders to the selected candidates by the Appointing Authority or the competent authority, as the case may be.
16. Relieving of transferred medical officers and other staff. The officers or officials, who are transferred on counselling, shall be relieved by the concerned Heads of Government Hospitals, Institutions or office immediately, but not later than seven days.
17. Responsibility of the officers. The Competent Authority concerned shall ensure that the above rules are scrupulously followed while effecting transfers. If any Competent Authority makes or any Government Servant makes an order of posting or appointment or transfer in contravention of the provisions of these rules, such Competent Authority or the Government Servant as the case may be, shall be liable for disciplinary action attracting major penalty as per the provisions of the Karnataka Civil Services (Classification, Control and Appeal) Rules, 1957.
18. Repeal and Savings. The Karnataka State Civil Services (Regulation of Transfer of Medical Officers and Other Staff) Rules, 2011 are hereby repealed: Provided that, such repeal shall not affect-
(a) the previous operation of the said rules or anything duly done or any action taken under the said rules; or
(b) any right, privilege, obligation or liability already acquired, accrued or incurred under the said rules.
By order in the name of Governor of Karnataka
(V.AKKAMAHADEVI)
Deputy Secretary to Government-1, Department of Health and Family Welfare
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