Karnataka State Civil Services (Prohibition of Absorption) Act, 2020 (Act No. 35 of 2020)

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 Here's a detailed summary of The Karnataka State Civil Services (Prohibition of Absorption of the Services of the Employees of Establishments in Public Sector into Public Service) Act, 2020, with practical examples for each section:

Karnataka State Civil Services (Prohibition of Absorption) Act, 2020 (Act No. 35 of 2020)

Objective: To prohibit the absorption of employees from public sector establishments into State Civil Services, aiming to protect the financial health and developmental agenda of Karnataka.

Detailed Summary with Sections and Examples:

Section 1: Short title and Commencement

Summary:
This Act is titled the Karnataka State Civil Services (Prohibition of Absorption of Employees of Establishments in Public Sector into Public Service) Act, 2020, and it comes into effect on a date notified by the government.

Example:

  • The Karnataka government may announce in the official Gazette that the Act shall come into force from January 1, 2021.

Section 2: Definitions

Summary:
Defines key terms such as:

  • "Establishment in Public Sector" includes:

    • Cooperative societies or societies funded by the government.
    • Government companies under the Companies Act, 2013.
    • Local authorities.
    • Statutory/non-statutory bodies controlled by government.
    • Government Universities.
    • Other entities specified by the government.

  • "Government" means the Government of Karnataka.

  • "Public Service" refers to services defined under the Karnataka State Civil Services Act, 1978.

Example:

  • A cooperative society receiving partial government aid or a state-run corporation is categorized under "Establishment in Public Sector."

Section 3: Prohibition of Absorption into State Civil Service

Summary:
Prohibits any absorption of employees from public sector establishments into state civil services, irrespective of closure or employment history with government departments on deputation, contract, or any other duty.

  • Legal Action Prohibited:
    • No lawsuits can be initiated or continued against the government demanding absorption.
    • Courts cannot enforce orders for such absorption.
  • Preservation of Other Rights:
    • Employees can still benefit from rehabilitation schemes under existing laws.

Examples:

  • Example 1: An employee from a government-funded cooperative society cannot claim permanent absorption into a Karnataka government department, even after long-term deputation.
  • Example 2: If a state-run company closes, its employees cannot demand employment within state civil services.
  • Example 3: An employee working temporarily in a municipal council from a public enterprise cannot seek permanent absorption through court orders.
  • Example 4: Court judgments demanding absorption prior to this Act's commencement will not be enforced once the Act is effective.
  • Example 5: Employees displaced due to public sector establishment closure remain eligible for rehabilitation schemes but not civil service absorption.

Section 4: Act to Override Other Laws

Summary:
This Act prevails over conflicting provisions in existing laws. No other laws can contradict this prohibition on absorption.

Example:

  • Even if an earlier state law permitted absorption under specific circumstances, this Act overrides it entirely upon coming into effect.

Section 5: Power to Remove Difficulties

Summary:
Allows the state government to resolve practical issues or ambiguities arising during the implementation by publishing official orders, valid up to three years from the Act's enforcement.

Example:

  • If confusion arises regarding whether certain local authorities fall under "public sector establishments," the government can issue clarifications via Gazette notifications.

Statement of Objects and Reasons (Context of Enactment)

Summary:
The Act was necessitated due to judicial orders (e.g., Karnataka High Court directive in WP No.28000/2003) mandating absorption of deputed public sector employees into state government services. The government found such absorption financially burdensome and detrimental to state development, necessitating a clear statutory prohibition.

Example Context:

  • Following court orders demanding absorption of deputed public-sector employees into departments like Municipal Councils, the Karnataka government enacted this law explicitly forbidding such absorption practices to safeguard fiscal stability.

This structured summary provides clarity on the Act’s provisions with practical examples demonstrating their implications.

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