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KARNATAKA CIVIL SERVICES (CLASSIFICATION AND SCALE OF PAY OF NON-GRADUATE JUNIOR ENGINEERS OF THE PUBLIC WORKS DEPARTMENT) ACT, 1975
KARNATAKA CIVIL SERVICES (CLASSIFICATION AND SCALE OF PAY OF NON-GRADUATE JUNIOR ENGINEERS OF THE PUBLIC WORKS DEPARTMENT) ACT, 1975
9 of 1975
7th February, 1975
An Act to provide for the classification and scales of pay admissible to non-graduate Junior Engineers of the Public Works Department of the State of Karnataka. Whereas based on classification of posts different scales of pay had been fixed from time to time in the reorganised State of Mysore (now Karnataka) to Junior Engineers, (Graduates) and Non-Graduate, Junior Engineers that is Overseers, Supervisors, Sub-Engineers, Section Officers and Sub-Overseers; And whereas in the final inter-State Seniority List of Junior Engineers published in accordance with the decision of the Government of India and the order of the High Court of Karnataka in Writ Petition No. 1431 of 1961 Junior Engineers (Graduates) and the said category of non-graduate junior Engineers were equated as one cadre of Junior Engineers; And whereas in Writ Petition No. 1757 of 1967 the High Court of Karnataka held that the said non-graduate Junior Engineers also are entitled to the scale of pay admissible to graduate Junior Engineers; And Whereas in pursuance to the said judgment the State Government directed in its Order No. PWD 67 SPN 69, dated 5th March, 1971 that all the non-graduate Junior Engineers (Supervisors) so equated with the Junior Engineers (Graduates) be given the revised scale of pay sanctioned to Junior Engineers (Graduates) with effect from 1st January, 1957,1st January, 1961, 12th April, 1966 and 1st January, 1970 and their pay be fixed in accordance with the instruction issued in Official Memorandum No. GAD 8 IFP 64, dated 19th December, 1964; And whereas, in Writ Petition No. 6572 of 1969, the High Court of Karnataka has quashed the said final inter-State Seniority List and directed the Central Government to redo the equation according to law; And whereas solely because of the equation of the said non-graduate Junior Engineers into the cadre of Junior Engineers (Graduates), the State Government issued the Order No. PWD 67 SPN 69, dated 5th March, 1971 cited above; And whereas, it was never the intention of the State Government either to treat as equals or to give the same scales of pay to both the categories and in a fact the non-graduate Junior Engineers have been separately encadred also; And whereas, consequent upon the decision of the High Court of Karnataka in Writ Petition No. 6572 of 1969, the basis on which the Government Order dated 5th March, 1971 was issued no longer existed and Government by Order No. PWD 269 SPN 73, dated 9th January, 1974 rescinded the said Order; And whereas, it is expedient to spell out that the two categories have always been differently treated and to specify the scale of pay admitted and admissible to the non-graduate Junior Engineers; Be it enacted by the Karnataka State Legislature in the Twenty-sixth Year of the Republic of India as follows :
Section1 Short title and commencement
(1) This Act may be called the Karnataka Civil Services (Classification and scale of pay of non-graduate Junior Engineers of the Public Works Department) Act, 1975.
(2) It shall come into force at once.
Section2 Classification and scale of pay of non-graduate Junior Engineers
(1) Notwithstanding anything in any judgment, decree or order of any Court or any equation of posts made at any time.
(i) the category of posts of non-graduate Junior Engineers shall be and shall with effect from l[2nd November, 1956] be deemed to have been classified as a category separate and distinct from the category of posts of Junior Engineers (Graduates);
(ii) the scales of pay admissible to such non-graduate Junior Engineers shall be and shall with effect on and from such date, be deemed to have been only those specified for such category of posts (and revised from time to time) in the Government Order and Rules mentioned in the Schedule to this Act and not those admissible to the categories of posts of Junior Engineers (Graduates):
Provided that the said scale of pay shall be subject to any revision that may from time to time be made by rules under Article 309 of the Constitution; and
(iii) any action taken to fix the pay of such non-graduate Junior Engineers in the said scale of pay shall be deemed to have been validly taken.
(2) Subject to the provisions of sub-section (1), the provisions of the Government Order and Rules referred to in the Schedule to this Act shall apply in all respects to the fixation of pay of such non-graduate Junior Engineers.
Explanation. Non-graduate Junior- Engineers shall mean Overseers, Supervisors, Sub-Engineers and Section Officers who are not graduates and Sub-Overseers.
Section3 Repeal of Karnataka Ordinance No. 16 of 1974
The Karnataka Civil Service (Classification and scale of pay of non-graduate Junior Engineers of the Public Works Department) Ordinance, 1974 (Karnataka Ordinance No. 16 of 1974) is hereby repealed:
Provided that anything done or any action taken under the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.
RULE
BANGALORE DEVELOPMENT AUTHORITY RULES, 1975
In exercise of the powers conferred by Section 69 of the Bangalore Development Authority Ordinance, 1975 (Karnataka Ordinance 9 of 1975) the Government of Karnataka hereby makes the following rules.
Rule1 Title and commencement
(1) These rules may be called the Bangalore Development Authority Rules, 1975.
(2) They shall come into force at once.
Rule2 Definitions
In these rules, unless the context otherwise requires.
(a) "Authority" means the Bangalore Development Authority constituted under Section 3;
(b) "Chairman" means the Chairman of the Board;
(c) "Committee" means the committee appointed under Section 9;
(d) "Government Servant" means a person in the employment of Government;
(e) "Ordinance" means the Bangalore Development Authority Ordinance, 1975 (Karnataka Ordinance 2.9 of 1975);
(f) "Section" means a section of the Ordinance.
Rule3 Allowances etc
(1) Where the person appointed as the Chairman of the Authority is a Government Servant he shall be paid his grade pay plus a special pay of rupees One hundred and fifty per month. Where the person appointed is a non-official, 11. Substituted by GSR 367, dated 20-10-1976. [the Chairman shall be paid as follows.
Remuneration
Rs. 1,000 per month
H.R.A.
Rs. 500 per month
Conveyance allowance
Rs. 500 per month
Rs. 2,000 per month
Travelling Allowance and D.A.
T.A. by Air: Actual expenses by Air
By Rail: One and half times the single first
class Fare.
By Road: Road mileage at 0-75 paise per KM.
D.A. Rs. 31 (Rupees thirty-one) per day for tours within the State and
Rs. 50 (Rupees fifty) per day for tours outside the State.
Tour outside India Actual expenses for journey by Air/Sea or Train and D.A. at rates permitted by Government of India: Provided that where the person appointed is a Minister or a Legislator he shall not be entitled to any remuneration.
(2) The Engineer Member, the Finance Member and the lown Planner Member shall "be paid their Grade pay and other allowances suce C.A., D.A. and H.R.A. at the rates admissible to them and a special payof rupees One hundred per month.
(3) The other members shall be entitled to sitting fee of rupees Forty per day of sitting at the meetings of the authority and no other allowances or remuneration.
Rule4 Leave
Leave may be granted to the Chairman by Government. The Chairman shall be the authority competent to grant leave to the other whole time members.
Rule5 Travelling allowance
A member who is a Government servant until he retires from service continues to be governed by the Travelling allowances rules applicable to him in Government Service. After retirement he shall be governed as regards Travelling Allowances in the same manner as provided in the Karnataka Civil Services Rules.
Rule6 Proceedings
The proceedings of every meeting of the Authority shall be recorded in a minute book kept for the purpose and shall be signed by the Chairman of the meeting of that day or at the next succeed ing meeting.
Rule7 Restriction on matters to be discussed at meeting
Notwithstanding anything contained in these rules, the Authority shall not be bound to furnish any information at a meeting of the Board. If, in the opinion of the Chairman or a person presiding over the meeting, it would not be in the public interest to furnish such information.
Rule8 Manner of election of two persons by the Councillors of the Corporation
22. Rule 8 inserted by GSR 150, dated 26-5-1984. The two persons referred to in clause (1) of sub- section (3) of Section 3 shall be elected by the Councillors of the Corporation from among themselves by simple majority of the Councillors present at a meeting called for the purpose and voting.
