Keywords : The Daily Wage Employee, The Government, The Establishment, Local Bodies
KARNATAKA ACT NO. 19 OF 2013
THE KARNATAKA DAILY WAGE EMPLOYEES WELFARE ACT, 2012
Arrangement of Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
- Short title and commencement
- Definitions
- Continuation of daily wage employees
- Pay, leave and terminal benefits of daily wage employees continued in service
- Conduct and discipline
- Termination for misconduct
- Appeal
- Protection of action taken in good faith
- Civil court not to have jurisdiction
- Power to remove difficulty
- Power to make rules
STATEMENT OF OBJECTS AND REASONS
Act 19 of 2013.- It is consider necessary to provide for better welfare of the daily wage
employees working for more than ten years in various establishments and to give them minimum
security of tenure, better wage and certain social security on termination from long public service and
for the matters connected therewith or incidental thereto;
Hence the Bill.
[L.C. Bill No. 4 of 2012, File No. Samvyashae 77 Shasana 2012]
[Entries 5 and 41 of List II of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 19 OF 2013
(First published in the Karnataka Gazette Extra-ordinary on the Fifteenth day of
February, 2013)
THE KARNATAKA DAILY WAGE EMPLOYEES WELFARE ACT, 2012
(Received the assent of the Governor on the Fourteenth day of February, 2013)
An Act to provide for welfare of daily wage employees working for more than ten years in
various establishments in the State.
Whereas, it is expedient to provide for welfare of the daily wage employees working for more
than ten years in various establishments and to give them minimum security of tenure, better wage
and certain social security on termination from long public service and for the matters connected
therewith or incidental thereto;
Be it enacted in the sixty third year of the Republic of India, as follows:-
- Short title and commencement.- (1) This Act may be called the Karnataka Daily Wage
Employees Welfare Act, 2012.
(2) It shall come into force at once. - Definitions.- In this Act, unless the context otherwise requires,-
(a) “The daily wage employee” means an employee engaged by the Government or
local bodies on daily wage basis, who has worked and completed not less than
10 years of service as daily wage employee as on 10th April, 2006 and who is
working as such on the date of commencement of this Act;
(b) “The Government” means the Government of Karnataka;
(c) “The Establishment” means an establishment in the Government or in any local
bodies;
(d) “Local bodies” means various Local self Governments, Panchayats and Municipal
bodies constituted by law by the Government and in corporations including
statutory or non-statutory authorities or Boards and Government undertakings. - Continuation of daily wage employees.-(1) Subject to provisions of this Act, the daily
wage employees in the establishments whose names are notified by the Government under this Act,
shall be continued on daily wage basis till they complete the age of sixty years.
Provided that no daily wage employee shall be continued unless he possessed the
qualification prescribed for the post on the date of his initial engagement on daily wage basis;
(2) The State Government shall within one year from the date of commencement of this Act
shall notify the names of eligible daily wage employees of all establishments for the purpose of subsection (1). - Pay, leave and terminal benefits of daily wage employees continued in service.-
(1) Notwithstanding anything contained in the Karnataka State Civil Services Act, 1978 (Karnataka
Act 14 of 1990),the Karnataka Civil Services Rules or any other rules governing the conditions of
service of Government servants made or deemed to have been made under the said Act. The
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pay of a daily wage employee shall be the minimum of the time scale of pay of the post in which he is
continued in service. He shall also be paid admissible Dearness Allowance and House Rent
Allowance as may be determined by the Government, by order, from time to time. A daily wage
employee shall be entitled for all General Holidays, Casual Leave of fifteen days and Earned Leave
of thirty days per year. A daily wage employee may be given an increase in his pay at such interval
of time as may be determined by the Government, by order.
(2) The daily wage employee shall be entitled for such terminal benefits or ex-gratia, on his
discontinuance after attaining the age of Sixty years, as may be determined and notified by the
Government from time to time. - Conduct and discipline.- The provisions of the Karnataka Civil Services (Conduct) Rules,
1966 shall mutatis mutandis be applicable to the daily wage employee and he shall be liable for such
disciplinary action including removal after following such procedure as may be prescribed. - Termination for misconduct.- No order terminating the services of a daily wage employee
who has been continued under the provisions of this Act, for any misconduct shall be passed by the
competent authority without holding a summary enquiry after giving a reasonable opportunity of being
heard to the employee. - Appeal.- (1) Any person aggrieved by the order of any officer or Authority may appeal to
the,-
(i) Government in case of daily wage employee in the Government establishment;
or
(ii) head of the establishment in case of daily wage employee in the establishment
other than Government establishment.
(2) The Government or the head of the establishment as the case may be, after hearing the
aggrieved make such orders as it deems fit which shall be final. - Protection of action taken in good faith.- No suit, prosecution or other legal proceedings
shall lie against the officers of the Government or local bodies for anything done or omitted to be
done in good faith under this Act. - Civil court not to have jurisdiction.- No Civil Court shall have jurisdiction to entertain any
suit or proceeding in respect of any claim for absorption or continuation arising from the provisions of
this Act. - Power to remove difficulty.- If any difficulty arises in giving effect to the provisions of this
Act, the Government may, by general or special order make such provisions as it appears to be
necessary or expedient to remove the difficulty. - Power to make rules.- (1) The Government may, by notification and after previous
publication, make rules to regulate other conditions of service of daily wages and for the purposes of
this Act.
(2) Every rule made under this Act, every notification or order 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 session for a
total period of thirty days, which may be comprised in one session or in two or more successive
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sessions, and if before the expiry of the session in which it is so laid or the session immediately
following both Houses agree that the rule notification or order should not be made the rule,
notification or order 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 or order.
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(2013g À P À£ÁðlP À C¢ ü¤AiÀĪÀÄ ¸ ÀASÉå:19) 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
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