THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF MEDICAL OFFICERS AND OTHER STAFF) ACT, 2011

1. Short title and commencement.- (1) This Act may be called the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff ) Act, 2011. (2) 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,- 2[(a) “administrative posts" means post identified as the District Health and Family Welfare Officer, the District Surgeon, the Principal of Training Institutes, the Joint Director, the Deputy Director, the Programme Officer at the district level and the Superintendent of a major hospital of Health and Family Welfare Services and Deputy Director Ayush and District Health officer Ayush:]2 1[(aa)]1 “appointment” means appointment by direct recruitment or absorption or promotion or by change of cadre of Medical Officer or other staff; (b) “appointing authority” means the authority competent to make appointment to the respective cadres; 3[(c) competent authority” means such authority as may be prescribed who is competent make orders of transfer of a Medical Officer or other staff;]3 2[(cc) “critical vacancy” means such vacancies of posts as may be prescribed”;]2 (d) “Government” means the Government of Karnataka; (e) “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 and AYUSH hospital, institution, centre or any other center by whatever name called and established by the Government belonging to any system of medicine; (f) “Government Institution” includes a Training center, an administrative office or any other institution by whatever name called and established by the Government belonging to any system of medicine; 2[(ff) “Greater Bengaluru area” means the areas falling within the limits of the Greater Bengaluru Authority constituted under the Greater Bengaluru Governance Act, 2024 (Karnataka Act 36 of 2025)]2; (g) “medical officer” means a medical officer appointed by the Appointing Authority to any of the category of posts specified in Schedule - I; (h) “other staff’ means a person appointed by the Appointing Authority to any of the category of posts specified in Schedule – II; (i) "process of counseling" means the process of giving opportunity to a person, considered for appointment or transfer, to opt a place or post on priority which is being given based on the length of service put in by him in the place or Zone where he is working and such other criteria as may be prescribed; (j) “project post” means a post under a project assisted either by a foreign Agency or Government of India, created for a specific objective and for a specific tenure 2[identified as such by the Government by a notification]2; (k) “rural area” means the area other than the urban areas; (l) “schedule” means schedule appended to this Act; (m) “senior specialist” means a medical officer who has Post Graduate Degree or Post Graduate Diploma qualification and is 3[working in senior specialist cadre]3; (n) “specialist” means a medical officer who has Post Graduate Degree or Post Graduate Diploma qualification and is 3[working in specialist cadre]3; 2[(nn) special category of persons” means persons belonging to such special categories as may be specified in the rules.]2 (o) “transfer” means posting of a Medical Officer or other staff from one place of working to a post in another place of working; (p) “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; (q) “Zone-A” means urban area within the limits of a city corporation or city municipal council at a district headquarters 2[excluding Greater Bengaluru area]2; (r) “Zone-B” means urban area within the limits of a city municipal council which is in a place other than a district headquarter or a town municipal council or town panchayat and areas notified as urban areas;

2[3. Transfer or promotion to be through counselling.- The initial appointment, transfer or promotion of a Medical Officer or other staff under the Act, shall be done through a process of counselling conducted in such manner as may be prescribed: Provided that, the provisions relating to transfers through process of counselling shall not apply to the posts identified as project posts, and administrative posts. Provided further that the criteria and the manner of selection and posting for the project and administrative posts shall be such as may be prescribed.] 2

4. Compulsory appointment of a medical Officer or other staff in rural areas.- (1) The Appointing Authority or the Competent Authority while making initial appointment or promotion of a Medical Officer or other staff to a Government Hospital or Government Institution shall ensure that vacancies in rural areas are filled in the first instance: 1[(2) A Medical Officer or other staff who is in service has not served for a prescribed number of years in the rural area shall be transferred to a post in rural area.]1 Provided that the provisions relating to compulsory transfer of Medical Officer or other staff to the rural area shall not apply to a person who has attained the age of fifty years. (3) If no vacancy is available for initial appointment or promotion, in respect of the post for which compulsory rural service is prescribed, a vacancy may be created by transfer of a Medical Officer or other staff who has completed the prescribed number of years of rural service to another place in Zone B and if no vacancy is available in Zone B a person who has served longer period in Zone B may be transferred to Zone A of urban area.

5. Compulsory appointment or transfer or promotion of a specialist or senior specialist to appropriate post.- (1) No Specialist or Senior Specialist with Post Graduate Degree or Diploma shall be posted or transferred to work in a post which is not identified as specialist post related or commensurate to the subject or specialisation in which he possesses Post Graduate Degree or Post Graduate diploma. 1[(2) Where a specialist or senior specialist who is working in a post which is not identified for the Post Graduate Degree or Post Graduate Diploma specialization shall be transferred to the post identified for the specialised qualification, possessed by him: Provided that specialist and senior specialist may be posted to the Project posts and administrative posts in such manner as may be prescribed by the Government.]1

2[1[6. Transfer of Medical Officer or Other Staff in public interest.- (1) A Medical Officer or other staff who is in service and has completed the prescribed number of years of continuous service, in any Government hospital or Government institution in rural area, Zone -A, B or Greater Bengaluru area may be transferred through process of counselling to another Government hospital or Government Institution in the same area or zone or to any other area or Zone by giving priority to persons who have put in longer period of service or tenure in that area or post, and considering such criteria or weightage for the area or zone as may be prescribed, in the following order, namely,- (1) Rural area; (2) Zone-B in urban area; (3) Zone-A in urban area; and (4) Greater Bengaluru area: Provided that the total number of such transfers during the year shall not exceed “fifteen percent” of the number of the working strength in that cadre. Provided further that in respect of persons belonging to special categories, the Government may prescribe separate conditions and exceptions for transfers. Provided also that for persons serving in the Greater Bengaluru area the total continuous service spent by the person in the Greater Bengaluru area on different posts shall be counted for the purpose of the length of the tenure rather than the total continuous service spent by person in the current post. Provided also that, the vacancies in Greater Bengaluru area shall not be available during counselling to persons eligible to be transferred out from Greater Bengaluru area under sub-section (1). (2) A Medical Officer or other Staff, on reinstatement from suspension or on being shifted from the current post in lieu of suspension pending disciplinary enquiry shall be posted any time during the year through counselling by the competent Authority but shall not be posted to a zone higher than his current working zone and may be restricted for posting within an area as specified in the orders of the Disciplinary Authority. (3) A Medical Officer or other staff may be posted without counselling by the Government any time during a year to fill a critical vacancy: Provided that, the medical officer or other staff to be posted shall be the senior most out of the list of long-standing persons prepared as per sub-section (1), subject to the exceptions to special categories as specified.]1]2

7. Penalties.- If, any competent authority makes or any Government servant makes an order of posting or appointment or transfer in contravention of the provisions of this Act or the rules made thereunder, such competent authority or the Government servant as the case may be, shall be liable for disciplinary action under the disciplinary rules applicable to civil servants.

1[7A. 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

8. 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.

9. 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.

10. Power to amend the Schedule.- The Government may, by notification, add, alter or remove any of the entries specified in the Schedule.

11. Protection of action taken in good faith.- No suit, prosecution or other legal proceedings shall lie against any officer of the Government for anything done in good faith or intended to be done under this Act.

12. 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) 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 to be laid before both Houses of the State Legislature and subject to any modification made under sub-section (3), every rule made under this Act shall have effect as if it is enacted under this Act. (3) Every rule made or notification issued 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 or notification should not be made, the rule or notification 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 or notification.

13. Transitory provisions.- Any rule, notification, order or appointment, made or issued under the Karnataka State Civil Services Act, 1978 (Karnataka Act 14 of 1990) or otherwise providing for or relating to any of the matters for the furtherance of which this Act is enacted, before the commencement of this Act and in force on the date of commencement of this Act, to the extent they are not inconsistent with the provisions of this Act, shall continue to be in force and effective as if they are made or issued or appointed under the corresponding provisions of this Act unless and until superseded by anything done or any action taken or any rule, notification, order or appointment, made under this Act.