THE KARNATAKA COMPULSORY SERVICE 1 XXX1 . BY CANDIDATES COMPLETED MEDICAL COURSES ACT, 2012

1. Short title, extent and commencement.- (1) This Act may be called the Karnataka Compulsory Service 1[XXX]1.by Candidates completed Medical Courses Act, 2012. (2) It extends to the whole of the State of Karnataka. (3) It shall come into force from such date as the State Government may by notification, appoint.

2. Definitions.-In this Act, unless the context otherwise requires,- (a) “Government hospital” means and includes district hospital, other major hospital, urban family welfare center, women & child hospital, general hospital at taluk level, community health center, urban primary health center, primary health center, sub center, mobile health unit, mobile tribal unit, maternity centre, institution, centre or any other center by whatever name called and established by the Government; (b) "Medical courses" means degree courses leading to award MBBS; (c) "Post Graduate Medical Courses" means the post graduate degree courses leading to award of Post Graduate degree in medicine; (d) "process of counseling" means the process of giving opportunity to a person, considered for allotment or posting, to opt a place on priority which is being given on the basis of merit in accordance with such rules as may be prescribed; (e) “rural area” means the area other than the urban areas; (f) "Super specialty courses" means the courses leading to award of super specialty degree in medicine; (g) "University" means university established by law in the State or a university declared as deemed university under the University Grants Commission Act, 1956 (Central Act 3 of 1956); (h) “urban area” means any area situated within the limits of a city corporation, city municipal council, town municipal council, town panchayat or other notified areas specified under the Karnataka Municipal Corporations Act, 1976 or the Karnataka Municipalities Act, 1964 and upto such distance away from the limits of the above area notified as such by the Government from time to time;

3. Compulsory service of candidates completed medical course.- (1) Every candidate after successful completion of MBBS degree and after completion of one year internship course shall undergo one year compulsory rural service 3[in the existing vacancies as specified by the State Government]3 1[XXX]1 in Government Primary Health Centres or Government Hospitals in rural areas allotted on the basis of merit through process of counseling in such manner as may be prescribed. During such service he shall be called as Junior Resident 1[XXX]1. 3[Provided that, if candidates are selected for regular Central or State Government service, such candidates shall be exempted.] 3 5[Provided further that, the vacancies in the rural areas shall be filled on priority and in case the number of candidates are more than the vacancies in rural areas then the vacancies in urban areas may be filled by posting of candidates to render one year compulsory service.]5 (2) 1[XXX]1 (3) Every candidate who undergoes compulsory 6[XXX]6 service 1[XXX]1 of one year shall be paid such a stipend 4[as specified by the State Government]4 (4) Notwithstanding anything contained in any law for the time being force every candidate who does not undergo the compulsory 6[XXX]6 service 3[or refuse to work or non compliance of the conditions as may be specified by the State Government]3 1[XXX]1 under sub-section (1) shall also not be eligible to permanent registration under the State under Karnataka Medical Registration Act, 1961 or under the India Medical Council Act, 1956: Provided that such candidates may be given a temporary registration during till he undergo the said 2[service]2 independently treat patients and prescribe medicine during the 2[service]2 period. 5[Provided further that, candidates may be given a conditional No Objection Certificate to pursue higher studies like MD or MS or Fellowship in the universities established by law upon submitting an affidavit undertaking stating their commitment to fulfill the obligation of one year compulsory service post-completion of higher studies failing which he shall be liable for penalty and such other consequences specified in the affidavit or undertaking.]5

1[3-A. Priority and exemption.- Notwithstanding anything contained in this Act, while filling up of existing vacancies specified by the Government for compulsory service in the Government hospitals under sections 3,4 and 5 the candidates who have passed medical courses under Government quota seats shall be filled on priority and the remaining vacancies may be filled by the candidates who have studied medical courses under institutional seats and the surplus candidates may be exempted from the compulsory service. Explanation: For the purpose of this section “Government seats” and the “Institutional seats” shall have the same meaning as defined in the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006).]1

4. Compulsory service 1[XXX]1 of candidates completed post graduate Medical courses.- (1) Every candidate other than the candidate who has undergone compulsory 5[XXX]5 service 1[XXX]1 under sub-section (1) of section 3 and who has successfully completed post graduate diploma or degree shall undergo one year compulsory service 3[in the existing vacancies as specified by the State Government]3 1[XXX]1 in Government hospital in 5[XXX]5 area selected and posted on the basis of merit through process of counseling in the State in such manner as may be prescribed. During such service he shall be called as senior resident 1[XXX]1 He shall be eligible for such a stipend 4[as specified by the State Government.]4 3[Provided that, if candidates are selected for regular Central or State Government service, after post-graduation, such candidates shall be exempted.]3 6[Provided that, candidates may be given a conditional No Objection Certificate to pursue higher studies like Super-specialty or Fellowship in the universities established by law upon submitting an affidavit or undertaking stating their commitment to fulfill the obligation of one year compulsory service post-completion of the higher studies failing which he shall be liable for penalty and such other consequences specified in the affidavit or undertaking.]6 2[(2) the provisions of sub-section (4) of section 3 shall mutatis mutandis apply to post graduates under this section: Provided that, such candidates who undergo compulsory rural service may be given temporary registration till completion of such service to treat patients independently and prescribe medicine.]2

5. Compulsory service 1[XXX]1 of candidates completed super specialty graduate courses.- (1) Every candidate who has successfully completed super specialty courses shall undergo one year compulsory service 3[in the existing vacancies as specified by the State Government]3 1[XXX]1 in the allotted District Government Hospital selected and posted on the basis of merit through process of counseling in the State in such manner as may be prescribed. He shall be paid such a stipend 4[as specified by the State Government.]4: Provided that candidates who have done compulsory service 1[XXX]1 under sub-section (1) of section 3 or sub-section (1) of section 4 are exempted from this compulsory service 1[XXX]1 under this section. 3[Provided further that, if candidates are selected for regular Central or State Government service, such candidates shall be exempted.]3 1[(2) the provisions of sub-section (4) of section 3 shall mutatis mutandies apply to candidates who passes super specialty courses: Provided that, such candidates who undergo compulsory 5[XXX]5 service may be given temporary registration till completion of such service to treat patients independently and prescribe medicine.]1 6[Provided further that, candidates may be given a conditional No Objection Certificate to pursue higher studies like fellowship in the universities established by law upon submitting an affidavit or undertaking stating their commitment to fulfill the obligation of one year compulsory service post-completion of the higher studies failing which he shall be liable for penalty and such other consequences specified in the affidavit or undertaking.]6

1[5A. Appeal.- Any person aggrieved by the orders of the competent authority under the provisions of this Act may make an appeal to the Specified Authority as notified by the Government and the Specified Authority may dispose it off in such manner as may be prescribed.]1

6. Penalty.- Whoever contravenes any of the provisions specified in this Act shall be punished with a fine not less than rupees fifteen lakhs but may extend upto rupees thirty lakhs.

7. Act to override other laws.- The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force.

8. Power to remove difficulties.- If any difficulty arises in giving effect to the provisions of this Act, the Government may, by order, published in the official Gazette make provisions not inconsistent with the provisions of this Act as it appears to be necessary or expedient for removing the difficulty: Provided that no such order shall be made after the expiry of a period of three years from the date of commencement of this Act.

9. Power to make rules.- (1) The Government may, by notification and after previous publication, make rules to carry out the purposes of this Act. (2) 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 notification or decide that any 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.