State Act

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

7. Transfer by counselling.- (1) The transfer of teachers under sections 4, 5 and 6 shall ordinarily be done during the General transfer in the month of April and May, in a year through a process of computerized counselling conducted in such manner as may be prescribed: Provided that, the transfer may be made even after the month of April and May in special circumstances for the reasons to be recorded in writing on direction of the State Government: Provided further that, where no teacher has opted for a place in the process of counselling and it is required to be filled in the public interest based on the pupil-teacher ratio, the State Government may transfer any teacher to such place who has completed minimum period of service, subject to such other conditions as may be prescribed: Provided also that, a teacher undergoing a major penalty under the Karnataka Civil Service (Classification, Control and Appeal) Rules, 1957 or facing criminal charges in Court of Law shall be transferred to any vacancy in 'Zone-C' even if he has not completed minimum period of service: Provided also that, the total number of transfers made under sections 5 and 6 under this Act in a year, for any cadre and in any unit of seniority shall not exceed fifteen percent or such lower limit as notified by the State Government: 2[1[Provided also that, the limit prescribed above shall not be applicable to the mutual transfers and transfers made under special categories as defined in clause (i) to (iv) of sub-section (1) of section 10 and transfers made to Kalyana Karnataka Region (means the 06 districts as notified under 371J), Malenadu Region (Malnadu region means to the blocks as notified in the relevant GO), Educationally Backward Blocks (EBBs) (as per Dr. Nanjundappa report or as per the prevailed Government Notification).]1]2 2[1[(2) The Mutual Transfer to a place within or outside the unit of seniority shall be subject to condition that both teachers must have completed minimum five years of service in the cadre; must be otherwise eligible to transfer to that zone and must have minimum five years of leftover service: Provided that, both the teachers have completed minimum years of service in the present place as per the definition in section 2(d). Provided further that, he shall not be eligible for protection of seniority and such other condition mentioned in section 7 if he voluntarily transfer from one unit to another unit of seniority as may be prescribed; Provided also that, in respect of mutual transfer within previous years are not eligible for exemption under section 2 (d): Provided also that, in case of Lecturer of Pre-University College or Composite Junior College the transfer shall be permitted not more than once in service, subject to condition that Lecturer of Pre-University College or Composite Junior College shall have completed minimum seven years of service or must be otherwise eligible to be transferred to that place and must have minimum five years of left over service.]1]2 (3) The competent authority shall ensure that as for as possible the percentage of vacancies in all the districts are distributed equally. 3[Provided that, transfers from blocks with more than 25 percent of vacancies shall not be allowed except within taluk transfer and to those teachers who have completed 10 years of service in same cadre and taluk or 15 years of total (all cadres) service in the same block (having more than 25 percent of vacancies): Provided further that, while calculating 25 percent of vacancies, it shall include all cadres of teachers viz all primary category as per schedule for primary teachers and all secondary category as per schedule for secondary teachers.]3