Section 5 in Karnataka State Servants (Determination of Age) Act, 1974
5. Alteration of age or date of birth of State servants.
(1)Subject to subsection (2), the State Government may, at any time, after an inquiry, alter the age and date of birth of a State servant as recorded or deemed to have been recorded in his service register or book or any other record of service:Provided that no such alteration shall be made if the age and date of birth of a State servant has been accepted and recorded or deemed to have been accepted and recorded in the service register or book or any other record of service in pursuance of a decree of a civil court obtained by the State servant [after he became such servant] [Inserted by Act 22 of 1977 w.e.f. 29.7.1977] against the State Government:Provided further that no such alteration shall be made without giving the State servant concerned a reasonable opportunity of being heard.(2)No such alteration to the advantage of a State servant shall be made unless he has made an application for the purpose within three years from the date on which his age and date of birth is accepted and recorded in the service register or book or any other record of service or within one year from the date of commencement of this Act, whichever is later.(3)The State Government may by notification in the official Gazette appoint such officer as it deems fit for the purpose of making an inquiry under this section:Provided that the powers of the State Government under sub-section (1) and this subsection shall in respect of the alteration of the age or date of birth of a State servant who, -(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).
