Karnataka Compulsory Service by Candidates Completed Medical Courses (Counseling, Allotment and Certification) (Amendment) Rules, 2024.

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NOTIFICATION

Whereas the draft of the Karnataka Compulsory Service by Candidates Completed Medical Courses (Counseling, Allotment and Certification) (Amendment) Rules, 2024 was published as required by sub-section (1) of section 9 of the Karnataka Compulsory Service by Candidates Completed Medical Courses Act, 2012 (Karnataka Act 26 of 2015) vide Notification No. HFW 363 HSH 2021, dated:

15.03.2024 in Part IVA of the Karnataka Gazette extra-ordinary, dated:

16.03.2024, inviting objections and suggestions from all persons likely to be affected within fifteen days from the date of its publication in the official Gazette.

And whereas, the said Gazette was made available to the public on

16.03.2024.

And whereas, no objections or suggestions have been received in this regard.

Now, therefore, in exercise of the powers sub-section (1) of section 9 read with section 2, 3, 4, and 5 of the Karnataka Compulsory Service by Candidates Completed Medical Courses Act, 2012 (Karnataka 26 of 2015) the Government of Karnataka hereby makes the following rules, namely:- RULES

1. Title and commencement. (1) These rules may be called the Karnataka Compulsory Service by Candidates Completed Medical Courses (Counseling, Allotment and Certification) (Amendment) Rules, 2024.

2. They shall come into force from the date of their publication in the Official Gazette.

(1)2

2. Amendment of rule 2.- In rule 2 of the Karnataka Compulsory Service by Candidates Completed Medical Courses (Counseling, Allotment and Certification) Rules, 2015 (hereinafter referred as the said rules),- i. after clause (f), the following shall be inserted, namely:

“(fa) ‘Exemption’ means exemption from one year compulsory service by candidates completed course;

(ii) after clause (j), the following shall be inserted, namely:- “(ja) ‘Salary’ means stipend as specified by the State Government.

3. Omission of expression.- In the said rules, the words “training” and “trainee” wherever they occur shall be omitted.

4. Amendment of rule 3.- In rule 3 of said rules,- i. in sub-rule (1) after clause (e) the following shall be inserted, namely:- “(e-a) the Registrar, Karnataka Medical Council - member (e-b) the Chief Administrative Officer, Health and Family Welfare Services – member”

(ii) after sub-rule (2), the following shall be inserted, namely:- “(3) There shall be a Grievance committee consisting of the following members, namely:- 01 The Director, Health and Family Welfare Ex-officio Services, Bengaluru Chairperson 02 The Chief Administrative Officer, Ex-officio Health and Family Welfare Services, Bengaluru Member 03 The Chief Administrative Officer, Ex-officio National Health Mission. Bengaluru Member 04 The Chief Administrative Officer, Directorate of Ex-officio Medical Education, Bengaluru Member 05 The Chief Accounts Officer/Financial Advisor, Ex-officio Health and Family Welfare Services, Bengaluru Member 06 The Assistant Registrar (Evaluation), Rajiv Ex-officio Gandhi University of Health Sciences, Member Bengaluru 07 The Assistant Administrative Officer (Bond Ex-officio Enforcement Cell) Health and Family Welfare Member Services, Bengaluru Secretary3

(4) The Grievance Committee shall oversee and address candidate grievances concerning counseling and appointment and recommend to the Competent Authority.

5. Amendment of rule 5.- In rule 5 of said rules,- i. for sub-rule (1), the following shall be substituted, namely:- “(1) For the purpose of assigning candidates to Compulsory Service, the Nodal University is required to obtain a list of candidates to be considered from all universities, including Private and Deemed Universities. It is the responsibility of all universities to promptly send the list of candidates who are to undergo compulsory service to the Nodal University immediately upon the announcement of results. The Nodal University will then prepare separate merit lists for candidates with MBBS degrees, PG Diplomas or Degrees, and Super Specialty courses, and subsequently submit these lists to the Competent Authority”.

ii. after sub-rule (3), the following shall be inserted, namely:- “(3-A) (i) The Competent Authority shall exempt, if the candidates are selected for regular Central Government or State Government service. (Including Central and Military Institutions bond serving doctors in the State);

(ii) Candidates shall have the option to either choose a preferred location for one-year compulsory service or exemption based on merit in the online counseling. The online counseling system shall allocate the chosen place of service or exemption in accordance with the candidate's merit and choice indicated.

(iii) If the candidate is not allotted their chosen option (either exemption or place or working) based on merit, the candidates may be allotted a random place of work.

(iv) If a candidates are is not granted an exemption from one year of compulsory service, they are obligated to serve in the location allotted to them during the counseling process.

(v) Registrars of Deemed and Private Universities are bound to promptly submit lists (merit lists) of candidates designated for compulsory service to the Nodal University upon the announcement of results. They shall release candidates for the one-year compulsory service.

iii. sub-rule (4) shall be omitted.

6. Substitution of rule 6.- For rule 6 of the said rules, the following shall be substituted, namely:- “6. Preparation of Priority List: During counseling, priority based on merit shall be accorded in the following cases, namely:- a. applicants or their spouses or children or dependent parents facing serious and terminal ailments with no available medical treatments at their place of posting;4 b. cases of individuals with more than 40% disability, as certified by the District Medical Board;

c. cases of widows; d. cases of married couples where both spouses are government servants or one year compulsory service Residents or Post Graduates and their consideration aligns with the transfer guidelines issued by the State Government;

e. Single parent; and f. General cases.

7. Substitution of rule 7.- For rule 7 of said rules, the following shall be

substituted namely:- “7. Procedure to be followed in allotting a place for one year compulsory service candidate through computerized counseling.-

(1) Compulsory Service shall be done through computerized counseling.

(2) The competent Authority shall intimate the candidates the time, date and place to appear for the counseling.

(3) The posting or exemption of candidates through counseling shall be made on the basis of the merit list published by the competent Authority and option indicated by the candidate.

(4) During the counseling, the Competent Authority shall allocate existing vacancies, as specified by the State Government, where the one year compulsory service candidate may undergo placement.

(5) If a candidate either,- a. fails to attend counseling; b. fails to select a location during the counseling session; c. fails to report to duty within stipulated time after allotment; d. candidates who report and discontinue/ are absent from their service for a continuous period exceeding 30 days without prior approval of the competent authority;

-then for such candidates, the competent authority shall impose a penalty as per sub-rule (6).

(6) The penalty shall be structured as follows,- a. for MBBS candidates - Rs. 15 Lakhs b. for Diploma candidates - Rs. 20 Lakhs c. for MD/MS candidates - Rs. 25 Lakhs d. for Super specialty course candidates - Rs. 30 Lakhs”

8. Amendment of rule 8.- In rule 8 of the said rules,-

(i) in sub-rule (1), for the words “service trainee”, the words “candidate posted for one year compulsory service” shall be substituted; andR.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 5

(ii) after sub-rule (2) the following shall be inserted, namely:- “(3) The Competent Authority may grant permission to candidates selected for higher studies like MD/MS, DNB, Super Speciality, or Fellowship in universities established by law upon submitting an affidavit stating their commitment to fulfill the remaining part of one year compulsory service post-completion of the higher studies.”

9. Amendment of rule 9.- In rule 9 of the said rules,- i. after sub-rule (2) the following shall be inserted, namely:- “(2a) The candidates shall mark their attendance through the Health Department’s mobile based Real Time Attendance System (RTAS) or as specified by the department”.

ii. in sub-rule (3),-

(a) in clauses (a) (b) and (c), for the word “trainees” the words “one year compulsory service candidates” shall be substituted;

(b) in clause (d), for the word “training” the words “one year compulsory service” shall be substituted; iii. in sub-rule (4) for the words “service trainee” the words “candidates posted for one year compulsory service” shall be substituted;

iv. in sub-rule (5) the words “Government hospital” shall be omitted; v. in sub-rule (7) after the words “in a year” the words “Absence period and extension period shall not eligible for stipend or salary.”; and vi. in sub-rule (8) after the words “gross stipend” the words “as specified by State Government” shall be inserted.

10. Amendment of rule 12.- In rule 12 of said rules, for the words “the university concerned to obtain Degree or Diploma certificate” the words “the Karnataka Medical Council to obtain permanent registration certificate” shall be substituted.

By order and in the name of Governor of Karnataka (C. MANZOOR) Under Secretary to Government, Health and Family Welfare Department.

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