State Act

THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF TEACHERS) ACT, 2020

10. Exemptions from rationalization, zonal transfers and priority for request transfers.- (1) The exemptions from rationalization, zonal transfers and priority for request transfers are as follows, subject to conditions specified in sub-sections (2) to (5),- (i) teacher or spouse or children suffering from terminal illness or serious ailments for which treatment is not available within the taluk in which teacher is working; (ii) teacher or spouse or children with bench mark disability as defined in clause (r) of section 2 of the Rights of persons with disabilities Act, 2016 (Central Act 49 of 2016); 5[(ii-a) pregnant teacher or a female teacher with a child of less than five years: Provided that, the said provision shall apply only to the general transfer of teachers undertaken in the year in which the teacher resumes to duty upon return from maternity leave.]5 (iii) widow or widower or a divorcee teacher with dependent children; below the age of 12 years; (iv) teacher with spouse being a working soldier or retired or permanently disabled or deceased soldier of Indian Defence Forces or Para-Military Forces; (v) teacher with spouse working with the State or Central Government or aided educational institution; (vi) teachers above the age of fifty years in case of female teachers and fifty five years in case of male teachers; and 6[(vii) XXX]6 4[(2) The categories falling under clauses (i) to (iv) of sub-section (1) are eligible for: (a) Exemption under rationalization. (b) Exemption under zonal transfer. (c) Priority under request transfers. (Priority shall be claimed only once during the service of a teacher.) (d) Priority while getting transferred back from specified post, to which specified post they had been transferred by successfully clearing the written examination as specified for such posts.]4 (3) The categories falling under clauses (i) to (iv) are classified as special categories. The transfers made under these categories shall not be counted under fifteen percent transfer limits 3[and ten percent in case of Lecturers working in Pre-University College (working strength of concerned category of Lecturers in the relevant subject) as]3 specified under section 7 (4) The categories falling under clause (vi) 6[XXX]6 are eligible only for exemptions under rationalization and zonal transfers. 4[(5) The teachers falling under clause (v), of sub-section (1) shall be given priority during request transfer. If the teacher is working in a different taluk from that of the spouse he is allowed to seek transfer to the vacancy available in any of the taluk of that district. If both are working in the same taluk then they are not eligible to make application under priority.]4 4[1[(6) The teachers eligible under clause (v), of sub-section (1) for request transfer or while getting transferred back from specified post to which they had been transferred by successfully clearing the written examination as specified for such posts, will be given priority as per the order of priority. ]1]4 3[(7) In case of a lecturer working in Pre-University College who was transferred on compulsory transfer during the year 2018-19 shall also be provided an opportunity to opt a place of transfer within the unit of seniority as a one time measure ahead of other types of transfers subject to the availability of vacancies so as to give the benefit of posting within the unit of seniority in the transfer done immediately after the date of commencement of the Karnataka State Civil services (Regulation of Transfer to Teachers) (Second Amendment) Act, 2021 in the manner as may be prescribed.]3