Karnataka State Servants (Determination of Age) Act, 1974
(Karnataka Act No. 22 of 1974)
Last Updated 29th November, 2019 [Kar248]
LEGISLATIVE HISTORY 6
Object & Reasons6
|Statement of Objects and Reasons - (Act 22 of 1974). - At present the provisions contained in article 404 of the Karnataka Financial Code prescribe the procedure for determination of date of birth with reference to certain documents like an authenticated extract from the birth or the baptismal register, S.S.L.C. certificate, affidavits, etc. Although the provisions of the Karnataka Financial Code have been issued under the Constitution of India, they do not have the effect of excluding civil courts from determining the date of birth for purposes of ascertaining the date of superannuation of Government servants. This has enabled Government servants to institute suits some time before the date of superannuation for determining their dates of birth and in many cases decrees have been passed determining the date of birth, which in many cases is different from the one determined under article 404 of the Karnataka Financial Code. Determination of age, for service purposes will have to be done by Government taking into consideration all the relevant material. It is therefore considered necessary to vest the power in the Government and in the case of Government servants who are subject to the control of the High Court under article 235 of the Constitution of India in the High Court and exclude the jurisdiction of courts in the matter. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A No.-308, dated 28-3- 1973, at page 6.) Statement of Objects and Reasons - (Amending Act 22 of 1977). - The Karnataka State Servants (Determination of Age), Act, 1974 bars the jurisdiction of courts in the matter of the determination of age and date of birth of Government servants. But in certain cases, persons have obtained declarations regarding their age from courts before they entered Government service and produced them as evidence of their date of birth and age after entering Government service. It is not desirable to accept such declarations without verification as the decisions in these cases would not be after an effective contest, interests of Government not being affected as the plaintiff was not a Government servant. In such cases even though Government might have been a party in each of the suits they would not have been effectively contested as the interests of Government were not directly involved. It is therefore, proposed to amend the Act to make it clear that decree obtained by a person before he entered Government service shall not be binding on Government and that the age and date of birth of such a person shall also be determined in accordance with the Act after the person enters Government service. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A No.-534, dated 8-7- 1977, at page 3). Statement of Objects and Reasons - (Amending Act 22 of 1982). - Section 3 of the Karnataka State Servants (Determination of Age) Act, 1974, prescribes the procedure to be followed by the concerned appointing authority in determining and accepting the age and date of birth of a person on his entry into State service. Determination of age and acceptance of date of birth of the State Servant has to be considered and decided by the appointing authority on the basis of various documents, such as extract from birth or baptismal register, original horoscope or correspondence contemporaneous with the time and date of birth, entries in school and college records, etc. 2. The procedure required to be followed is elaborate. Apart from the possibility of abuse of this provision this has also led to large number of applications under section 5 for alteration of the date of birth on the ground that the age of the applicant has not been determined in accordance with the provisions of the Act. It is, therefore, proposed to amend section 3 of the Act to provide that in the case of persons who have passed the Secondary School Leaving Certificate examination or equivalent examination, the age and date of birth of State servant shall be accepted on the basis of entries in regard to the date of birth in the Secondary School Leaving Certificate or certificate of any other examination equivalent thereto which is also accepted as the proof of age for the purposes of recruitment. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A No.-215, dated 19-3- 1982, at page 3). Statement of Objects and Reasons - (Amending Act 13 of 1984). - According to sub-section (2) of section 3 of the Karnataka State Servants (Determination of Age) Act, 1974 the power to determine the age and date of birth of a State Servant on his entry into the State Civil Services vests in the appointing authority. In relation to the members of the Judicial Service including munsiffs the appointing authority is the Governor. Accordingly the age and date of birth of persons appointed as Munsiffs are being determined with the approval of the Governor. In view of the ruling given by the Supreme Court, reported in AIR 1981 SC 561 (B.S. Yadav Vs. State of Harayana) though the Legislature or the Governor has the power to regulate the conditions of service of judical officers for laying down rules of general application, the High Court is the authority to regulate the conditions of the service of each judicial officer and in the light of this ruling the power to determine the age and date of birth of Judicial officer falls within the jurisdiction of the High Court. It is, therefore, considered necessary to amend section 3 of the said Act suitably. Hence the Bill. (Published in the Karnataka Gazette (Extraordinary) Part IV-2A No.-719, dated 12-8- 1983 at page 2.)|
(i) is subject to the control of the High Court under Article 235 of the Constitution, be exercisable, by the High Court; and
(ii) is an officer and servant of the High Court, be exercisable by the Chief Justice or such other Judge or officer of the High Court as he may direct.(4) The officer appointed under sub-section (3) shall have the powers of a civil court while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.(5) (a) The officer appointed under sub-section (3) shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228, of the Indian Penal Code, 1860 (Central Act 45 of 1860) is committed in the view or presence of the said officer, the said officer, may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of the Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to the Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
(b) Any proceeding before the said officer shall be deemed to be a judicial proceeding within the meaning of section 193 and 228 of the Indian Penal Code, 1860 (Central Act 45 of 1860).6. Bar of jurisdiction of courts. - (1) No court shall have jurisdiction to settle, decide or deal with any question which is required to be decided under this Act. (2) No decision under this Act shall be questioned in any court of law.