Amendment status not verified — confirm the current text below against the official source.
Bar of jurisdiction of courts. Summary of Amendments STATEMENT OF OBJECTS AND REASONS I 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.) II 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. 2 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. ) III 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.