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

KARNATAKA ACT NO. 2 OF 2011 THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF MEDICAL OFFICERS AND OTHER STAFF) ACT, 2011 Arrangement of Sections Statement of Objects and Reasons: Sections: 1. Short title and commencement 2. Definitions 3. Transfer or promotion to be through counselling 4. Compulsory appointment of a medical Officer or other staff in rural areas 5. Compulsory appointment or transfer or promotion of a specialist or senior specialist to appropriate post 6. Transfer of Medical Officer or Other Staff in public interest 7. Penalties 7A. Appeal 8. Act to override other laws 9. Power to remove difficulties 10. Power to amend the Schedule 11. Protection of action taken in good faith 12. Power to make rules 13. Transitory provisions SCHEDULE - I SCHEDULE – II STATEMENT OF OBJECTS AND REASONS I Act 2 of 2011.- It is considered necessary to regulate transfer of Medical Officers as well as other staff in Health and Family Welfare Department and Ayush Department, so as to ensure availability of Medical officers and other staff in Government hospitals in rural areas, thereby achieving the following objectives, namely:- (a) Transparency in transfer through process of counseling; (b) Ensuring minimum years of service in rural area in respect of Medical Officers and other staff; (c) Ensuring that Specialists or Senior Specialists work in a post commensurate with heir qualification. 1 Hence, the Bill. (L.C.Bill No. 01 of 2011, File No:Samvyashae 03 Shasana 2011) (Entry 41 of List II of the Seventh Schedule to the Constitution of India.) II Amending Act 34 of 2017.- There are more number of officers and staff who have completed ten years of service in a same place. In order to transfer them in public interest it is considered necessary to increase the five percent of transfer of Medical Officers and Other Staff to fifteen percent by amending section 6 of the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other Staff) Act, 2011 Hence the Bill, [L.A. Bill No.23 of 2017, File No. Samvyashae 30 Shasana 2017] [entry 41 of List II of the Seventh Schedule to the Constitution of India] III Amendment Act 70 of 2025:- It is considered necessary to amend The Karnataka State Civil Service (Regulation of Transfer of Medical Officers and other Staff) Act, 2011 to provide for,- (a) Definitions of the word's critical posts, administrative posts, Greater Bengaluru area, Special category of persons etc., to enable Government to make rules for posting to these posts. (b) Making rules regarding the manner of posting to project posts and administrative posts. (c) Omission of certain spent and redundant provision in the Act. (d) Appeal to the prescribed authority by persons who are aggrieved by the order of the competent authority to make transfer, under this Act. (e) Certain consequential amendments are also made. As the matter was urgent and both houses of the state legislature were not in session the Karnataka Civil Services (Regulation of Transfer of Medical Officers and other Staff) (Amendment) Ordinance, 2025 (Karnataka Ordinance 05 of 2025) was promulgated to achieve the above object. This Bill seeks to replace the said Ordinance. Hence, the Bill. [L.A. Bill No. 28 of 2025, File No. SAMVYASHAE 34 SHASANA 2025] [Entry 41 of List II and entry 26 of List III of the Seventh Schedule to the Constitution of India] [Published in Karnataka Gazette Extra-ordinary No.581 in part-IVA dated:12.09.2025] 2 KARNATAKA ACT No. 2 OF 2011 (First Published in the Karnataka Gazette Extra-ordinary on the Third day of February, 2011) THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF MEDICAL OFFICERS AND OTHER STAFF) ACT, 2011 (Received the assent of the Governor on the First day of February, 2011) (As amended by Act 34 of 2017 and 70 of 2025) An Act to provide for regulation of transfer of medical officers and other staff of the department of Health and Family Welfare so as to ensure the availability of medical officers and other staff in Government hospitals in rural areas. Whereas, it is expedient to provide for regulation of transfer of medical officers and other staff so as to ensure the availability of medical officers and other staff in Government hospitals in rural areas and for the matters connected therewith or incidental thereto; Be it enacted by the Karnataka State Legislature in the sixty first year of the Republic of India, as follows:- 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. (This Act came into force w.e.f. 12.05.2011 by notification No. HSW 123 HSH 2011, dated 12.05.2011.) 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 3 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 4 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; 1. Renumbered by Act 70 of 2025 w.e.f 27.05.2025 2. Inserted by Act 70 of 2025 w.e.f. 27.05.2025 3. Substitued by Act 70 of 2025 w.e.f. 27.05.2025 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: 5 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 1. Omitted by Act 34 of 2017 w.e.f. 11.07.2017. 2. Substitued by Act 70 of 2025 w.e.f. 27.05.2025 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. 1. Substitued by Act 70 of 2025 w.e.f. 27.05.2025 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: 6 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 1. Substitued by Act 70 of 2025 w.e.f. 27.05.2025 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 1. Substituted by Act 34 of 2017 w.e.f. 11.07.2017. 2. Substitued by Act 70 of 2025 w.e.f. 27.05.2025 7 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 1. Inserted by Act 70 of 2025 w.e.f. 27.05.2025 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 8 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. SCHEDULE - I (See section 2 (g), (l) and section 10) Posts which come under the meaning of ‘Medical Officer’ Sl. Category of Posts No. 1. Senior Specialist/Specialist/Deputy Chief Medical Officer/Senior Medical Officer. 2. General Duty Medical Officer / Physician – Grade I (Ayurveda / Unani / Homoeopathy / Naturopathy / Siddha and Yoga) / Physician – Grade II (Ayurveda / Unani / Homoeopathy / Naturopathy / Siddha and Yoga). 3. Chief Dental Health Officer / Senior Dental Health Officer / Dental Health Officer. 9 SCHEDULE – II (See section 2 (h) (l) and section 10) Posts which come under the meaning of ‘other Staff’ Sl. Category of Posts No. 1 Group “B” staff of Health and Family Welfare Department and AYUSH Department excluding those covered in Schedule - 1. 2 Group “C” staff of Health and Family Welfare Department and AYUSH Department. 3 Group “D” staff of Health and Family Welfare Department and AYUSH Department. The above translation of PÀ£ÁðlPÀ gÁdå ¹«¯ï ¸ÉêUÉ ¼À À (ªÉÊzÁå¢sPÁjU¼À ÀÄ ªÀÄvÀÄÛ EvÀg À ¹§âA¢AiÀÄ ªÀUÁðªÀuÉ ¤AiÀÄAvÀçt) C¢s¤AiÀĪÀÄ, 2011 (2011gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASåÉ : 2) be published in the Official Gazette under clause (3) of Article 348 of the Constitution of India. H.R. BHARDWAJ GOVERNOR OF KARNATAKA. By Order and in the name of the Governor of Karnataka G.K. BOREGOWDA Secretary to Government Department of Parliamentary Affairs and Legislation 10 ¸ÀPÁðj ªÀÄÄzÀæuÁ®AiÀÄ, «PÁ¸À ¸ËzsÀ WÀlPÀ, ¨ÉAUÀ¼ÀÆgÀÄ. (¦3) (500 ¥ÀæwU¼À ÀÄ) „¤ÙÖÓ–Ðô ÀÐÔ³ÐÔê ‘ÐÔ©Ô ½ ‘ÐÄÑô± ÊÐœÀÑà A AiÀÄ ƒ¸°ÊÐ֛й٠ÊÐ ”Ùô:„‘ÐÔ‘Ð 123 ÌÙ›ýŠÊýÌÙ›ý 2011, ¾Ù –ÐÎÐÖ¤ÐÔ, ¸¹Ñ ‘Ð:12¹ÙÓ ÀÙÔÓ, 2011. A A A ‘йÑþ©‘Ð ¤Ñ¡ô ËÁÄý ÊÙÓÀÙ–ÐÎÐ (ÀÙÚ·Ñô¸°‘ѧ–ÐÎÐÔ ÀÐÔ³ÐÔê …³Ð¤Ù ˽ñ A ¸ AiÀÄ ÀЖÑþÀв٠ƒ¸°º , 2011 (2011¤Ð ‘йÑþ©‘Ð º ÊÐ ”Ùô: 2) ¤Ð ÊÙ‘Ðù¹ý (1)(2) ¤AiÀÄAvÀæt) AiÀĪÀÄ C¢ü AiÀĪÀÄ A ƒ¯ Åö »Ðõ·Ð³ÐêÀÑ·Ð ƒ¸°‘ѤÐÀйÐÔî ›ÐÄÑÂÔË ‘йÑþ©‘Ð ¤Ñ¡ô ËÁÄý ÊÙÓÀÙ–ÐÎÐ (ÀÙÚ·Ñô¸°‘ѧ–ÐÎÐÔ AiÀÄ ÀÐÔ³ÐÔê …³Ð¤Ù ˽ñ ¸ ÀЖÑþÀв٠) ƒ¸°º , 2011 (2011¤Ð ‘йÑþ©‘Ð A AiÀÄ ¤AiÀÄAvÀæt AiÀĪÀÄ º ÊÐ ”Ùô: 2)ÀÐÕ ¸¹Ñ ‘Ð: 12¹ÙÓ ÀÙÔÓ, 2011 § ·Ð ¢Ñ§–Ù ½¤Ð³Ð‘ÐÜ·Ùì ·ÐÔ † ÀÐÔÖÑРC¢ü AiÀĪÀÄ A A A A –ÙÖ³ÐÔê»Ð¯ÊÐÄÑ—·Ù. ‘йÑþ©‘Ð ¤Ñ¡ô»ÑäР„·ÙÓÆѹÐÔÊѤРÀÐÔ³ÐÔê ƒÀФРÌÙÊЧ¹ÐÅö, (œ‘ÙÜÓ–Û®Ð) ÊБÑþ¤Ð·Ð ƒ¸°Ó¹Ð ‘Ñ þ·ÐÇþ, AiÀÄ „¤ÙÖÓ–Ðô ÀÐÔ³ÐÔê ‘ÐÔ©Ô ½ ‘ÐÄÑô± …Äє٠A KARNATAKA ACT NO. 34 OF 2017 (First Published in the Karnataka Gazette Extra-ordinary on the 11th day of July, 2017) THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF MEDICAL OFFICERS AND OTHER STAFF) (AMENDMENT) ACT, 2017 (Received the assent of Governor on the 6th day of July, 2017) An Act to amend the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other Staff) Act, 2011. Whereas, it is expedient to amend the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other Staff) Act, 2011 (Karnataka Act 2 of 2011) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the sixty-eighth year of the Republic of India as follows:- 11 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) (Amendment) Act, 2017. (2) It shall come into force at once. (Sections 3 and 6 are incorporated in the Principal Act.) 2. Amendment of section 3.- In the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other Staff) Act, 2011 (Karnataka Act 2 of 2011) (hereinafter referred as principal Act), in section 3,- (i) in the heading, the words "Initial appointment" shall be omitted; and (ii) in the section the words “"initial appointment" shall be omitted. 3. Amendment of section 6.- In section 6 of the principal Act, in sub-section (1), in the proviso, for the words "five percent", the words "fifteen percent" shall be substituted. The above translation of PÀ£ÁðlPÀ gÁdå ¹«¯ï ¸ÉêÉUÀ¼À (ªÉÊzÁå¢üPÁjUÀ¼ÀÄ ªÀÄvÀÄ Û EvÀgÀ ¹§âA¢AiÀÄ ªÀUÁðªÀuÉ ¤AiÀÄAvÀæt) (wzÀÄÝ¥Àr) C¢ü¤AiÀĪÀÄ, 2017£ÀÄß (2017gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ 34) be published in the Official Gazette under clause (3) of Article 348 of the ¸ÀASÉå: Constitution of India. VAJUBHAI VALA GOVERNOR OF KARNATAKA By Order and in the name of the Governor of Karnataka, K. DWARAKANATH BABU Secretary to Government Department of Parliamentary Affairs KARNATAKA ACT NO. 70 OF 2025 (First Published in the Karnataka Gazette Extra-ordinary on the 12th day of September, 2025) THE KARNATAKA STATE CIVIL SERVICES (REGULATION OF TRANSFER OF MEDICAL OFFICERS AND OTHER STAFF) (AMENDMENT) ACT, 2025 (Received the assent of the Governor on the 11th day of September, 2025) An Act further to amend the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff) Act, 2011. 12 Whereas, it is expedient to amend the Karnataka State Civil Services (Regulation of Transfer of Medical Officers and other Staff) Act, 2011 (Karnataka Act 2 of 2011) for the purposes hereinafter appearing; Be it enacted by the Karnataka State Legislature in the Seventy-sixth year of the Republic of India as follows:- 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) (Amendment) Act, 2025. (2) It shall deemed to have come into force with effect from the 27th day of May, 2025. 2. Amendment of section 2.- In the Karnataka State Civil Services (Regulation of transfer of Medical Officers and other Staff) Act, 2011 (Karnataka Act 2 of 2011) (hereinafter referred to as the Principal Act), in section 2,- (i) the existing clause (a), shall be renumbered as clause (aa); (ii) before clause (aa), as so renumbered, the following shall be inserted, namely:- “(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:’’ (iii) for clause (c), the following shall be substituted, namely:- “(c) competent authority” means such authority as may be prescribed who is competent make orders of transfer of a Medical Officer or other staff; (iv) after clause (c), as so substituted, the following shall be inserted, namely:- “(cc) “critical vacancy” means such vacancies of posts as may be prescribed”; (v) after clause (f) the following shall be inserted, namely,- (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)”; (vi) in clause (j) after the word “tenure” the words "identified as such by the Government by a notification” , shall be inserted; 13 (vii) in clause (m), for the words "working as senior specialist" the words “working in senior specialist cadre” shall be substituted ; (viii) in clause (n), for the word "working as specialist" the words “working in specialist cadre”, shall be substituted.; (ix) after clause (n) the following shall be inserted,- namely:- “(nn) “Special category of persons” means persons belonging to such special categories as may be specified in the rules.” : and (x) in clause (q), after the words “district headquarters” the words “excluding Greater Bengaluru area” shall be inserted. 3. Substitution of section 3.- For section 3 of the Principal Act, the following shall be substituted, namely:- “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.” 4. Amendment of section 4.- In section 4 of the Principal Act, for sub-section (2) except the proviso, following shall be substituted, namely: - “(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”. 5. Amendment of section 5.- In section 5 of the Principal Act, for sub-section (2) and the entries relating thereto, the following shall be substituted, namely: - “(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.” 6. Substitution of section 6.- For section 6 of the Principal Act, the following shall be substituted, namely:- “6. Transfer of Medical Officer or Other Staff in public interest.- (1) A Medical Officer or other staff who is in service and 14 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.” 7. Insertion of new section 7A.- After section 7 of the Principal Act, the following shall be inserted, namely:- 15 “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.” 8. Repeal and savings.- (1) The Karnataka State Civil Services (Regulation of transfer of medical officers and other staff) (Amendment) Ordinance, 2025 (Karnataka Ordinance 05 of 2025) is here by repealed. (2) Notwithstanding such repeal anything done or any action taken under principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act. The above translation of ಕರ್ನಾಟಕ ರಾಜ್ಯ ಸಿವಿಲ್ ಸೇವೆಗಳ (ವೈದ್ಯಯ ಧಿಕಾರಿಗಳು ಮತ್ತು ಇತರ ಸಿಬ್ಬ ಂದಿಯ ವರ್ಗಾವಣೆ ನಿಯಂತರ ಣ) (ತಿದ್ದು ಪಡಿ) ಅಧಿನಿಯಮ, 2025 (2025ರ ಕರ್ನಾಟಕ ಅಧಿನಿಯಮ ಸಂಖ್ಯಯ :70) be published in the official Gazette under clause (3) of Article 348 of the constitution of India. THAAWARCHAND GEHLOT GOVERNOR OF KARANATAKA By Order and in the name of the Governor of Karnataka, G. SRIDHAR Secretary to Government Department of Parliamentary Affairs and Legislation 16