LexThe KARNATAKA EDUCATION ACT, 1983
Karnataka · state statute
Open in Lexace · Ask the AI about this actTHE KARNATAKA EDUCATION ACT, 1983
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
CHAPTER I
GENERAL
1. Short title, extent, application and commencement.
2. Definitions.
3.
Regulation of education.
4. Prohibition of private tuition.
5. Promotion of education of the weaker sections and the handicapped.
5A.Safety and security of students.
6. Educational institutions to be in accordance with this Act.
7. Government to prescribe curricula, etc.
CHAPTER II
EDUCATIONAL AUTHORITIES
8. Appointment of officers.
9. District educational officers and other sub -ordinate officers and staff at
the district level.
10. Constitution of Boards.
CHAPTER III
ENFORCEMENT OF COMPULSORY PRIMARY EDUCATION
11. State Government to direct by notification primary education to be
compulsory in specified areas.
12. Schemes for primary education.
13. Attendance authorities and their powers and duties.
14. Responsibility of parent to cause his child to attend school.
15. Reasonable excuse for non attendance.
16. Special schools for physically or mentally deficient children.
17. Attendance orders.
18. Children not to be employed so as to prevent them from attending
school.
19. Primary education to be free.
20. Age of child how to be computed. Education [1995: KAR. ACT 1 2
2
CHAPTER IV
EXAMINATIONS AND PREVENTION OF MALPRACTICES ETC.
21. Definitions.
22. Examinations.
23. Duties of certain persons entrusted with the examination work.
24. Prohibition of copying at examination, etc.
24A. Prohibition of leakage of question paper.
25. Prohibition of impersonating at examinations.
26. Prohibition of loitering near examination centre, etc.
27. Alteration of the answers written at an examination, etc.
28. Duty of employees of educational institutions to do examination work.
CHAPTER V
CLASSIFICATION AND REGISTRATION OF EDUCATIONAL
INSTITUTIONS.
29. Classification of educational institutions.
30. Educational institutions to be registered.
31. Procedure for registration of educational institutions.
32. Upgradation of educational institutions etc.
33. Registration of a recognised educational institution.
34. Cancellation of registration.
35. Registration of Tutorial Institutions.
CHAPTER VI
RECOGNITION OF EDUCATIONAL INSTITUTIONS ETC
36. Recognition.
37. Expert body.
38. Recognition of existing institutions etc.
39. Withdrawal of recognition.
CHAPTER VII
MANAGEMENT OF RECOGNISED PRIVATE EDUCATIONAL
INSTITUTIONS AND LOCAL AUTHORITY INSTITUTIONS ETC.
40. Duties of management of local authority institution.
41. Management of recognised educational institutions.
42. Managing committee.
43. President and secretary.
44. Removal of the secretary. 1995: KAR. ACT 1] Education 3
45. Meetings etc.
46. Power s and functions of the Managing committee.
CHAPTER VIII
ADMISSION TO RECOGNISED EDUCATIONAL INSTITUTIONS, SCALES OF
FEES, ETC
47. Admission etc, to be according to rules.
48. Fees.
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CHAPTER IX
GRANTS-IN-AID
49. Government to set apart sum for giving grant in-aid to certain recognised
institutions.
50. Authorities which may sanction grant.
51. Monies received from sources other than grant.
52. Application for sanction of grant and the conditions to be fulfilled on such
sanction.
53. Power of State Government to withhold, reduce or withdraw grant.
54. Utilisation of funds and movable property of private institutions.
CHAPTER X
ACCOUNTS, AUDIT, INSPECTION AND RETURNS
55. Accounts.
56. Annual audit of accounts.
57. Inspection or inquiry etc.
58. Furnishing of returns etc.
CHAPTER XI
PROHIBITION OF TRANSFER OF PROPERTIES BY AIDED
EDUCATIONAL INSTITUTIONS.
59. Definitions.
60. Prohibition of transfer of lands and buildings by educational institutions
without the permission from Government in certain cases.
61. Consequence of breach of provisions of section 60.
62. Effect of orders under sub-section (2) of section 60 and 61.
63. Land or building to vest in Government absolutely on possession being
taken.
64. Recovery of sums due under this chapter. Education [1995: KAR. ACT 14
65. Court not to attach, sell etc., in the absence of permission of the State
Government.
CHAPTER XII
TAKING OVER OF MANAGEMENT REQUISITIONING AND
ACQUISITION OF EDUCATIONAL INSTITUTIONS.
66. Definitions.
67. Taking over of management of educational institutions in public interest.
67A. Relinquishment of management of educational institutions
68. Power to terminate contract of employment.
69. Contracts etc., made in bad faith may be cancelled or varied.
70. Avoidance of voluntary trusts.
71. Requisitioning of an educational institution.
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72. Summary power for taking possession of property.
73. Release from requisitioning and discharge of liability of the State
Government.
74. Acquisition of property.
75. Principles and methods of determining amount for property requisitioned
or acquired.
76. Payment of amount for property requisitioned or acquired.
77. Appeal from the award of the arbitrator under sanction 75 in respect of
amount.
78. Arbitrator to have certain powers of civil court.
79. Powers of entry and inspection and calling for information.
80. Provisions for existing staff of educational institutions.
81. Posts of employees of educational institutions vested under this Chapter
to be treated as a unit for certain purposes.
CHAPTER XIII
PROVISION FOR ANCILLARY SERVICES IN REGONISED
EDUCATIONAL INSTITUTIONS.
82. Medical examinations and Health services.
83. Provision of meals and refreshments.
84. Provision of facilities for recreation and physical training.
85. Guidance services. 1995: KAR. ACT 1] Education 5
86. Library services.
CHAPTER XIV
TERMS AND CONDITIONS OF SERVICES OF EMPLOYEES IN PRIVATE
EDUCATIONAL INSTITUTIONS.
87. Qualifications, conditions and service of employees.
88. Appointment of employees.
89. Pay and allowances of Teachers and Other employees.
90. Schedule of employment to be maintained.
91. Code of conduct.
92. Dismissal, removal etc.
93. Communication of order.
94. Appeals.
95. Court fee.
96. Tribunal.
97. Resignation.
98. Retrenchment of employees.
99. Termination of service.
100. Over-riding effect of this chapter.
101. Power of Government to impose penalties.
5
CHAPTER XV
CONTROL OF PRIVATE EDUCATIONAL INSTITUTION
102. Code of conduct for governing council.
103. Furnishing of list of properties.
104. Utilisation of funds, etc.
105. Private institution not to be closed down, etc. without sufficient notice.
106. Governing council to hand over properties, records, etc, to competent
authority on closure, etc, of private educational institutions.
107. Restriction on alienation of property of private educational institution.
108. Liability of secretary to repay debts incurred in certain cases.
CHAPTER XVI
STATE EDUCATIONAL ADVISORY COUNCIL ETC.
109. State Educational advisory council etc. Education [1995: KAR. ACT 16
110. Standing Committee.
111. Advisory committee.
112. Procedure of meetings.
112A. Penalty for contravention of section 5A.
CHAPTER XVII
PENALTIES
113. Penalty for contravention of section 17.
114. Penalty for contravention of section 18.
115. Penalty for contravention of section 23 and 24A
116. Penalty for ragging.
117. Penalty for copying at examinations.
118. Penalty for impersonating at examinations.
119. Punishment for loitering, etc., near an examination centre.
120. Punishment for alteration of answers written at an examination.
121. Prohibition of other malpractice at examinations etc.
121A. Power of the Board or department or Authority.
122. Punishments for contravention of section 28.
123. Penalty for establishing unregistered educational institutions etc.
124. Penalty for maintaining or running unregistered tutorial institutions.
124A.Penalty for contravention of section 48.
125. Penalty for collecting money in contravention of section 51.
125A. Penalty for contravention of section 88, 89 and 90.
126. Penalty for contravention of code of conduct by Governing Council.
127. Penalty for failure to give notice of closure of institutions.
128. Penalties not otherwise provided for.
129. Offences by companies.
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CHAPTER XVIII
MISCELLANEOUS
130. Appeals.
131. Revision by the State Government.
132. Review.
133. Powers of Government to give directions.
134. Power to enter and inspect.
135. Penalty for obstructing officer or other person exercising powers under
this Act.
136. Protection.
137. Investigation and congnizance of offences. 1995: KAR. ACT 1]
Education 7
138. Punishment for abatement of offences.
139. Enquiry and proceedings.
140. Amendment of Karnataka Act No. 16 of 1966.
141. Application of the Act to certain institutions.
142. Removal of difficulties.
143. Delegation.
144. Transfer of pending proceedings.
145. Power to make rules.
146. Repeal and savings.
SCHEDULE I
SCHEDULE II
*****
STATEMENT OF OBJECTS AND REASONS
I
Act 1 of 1995. - It is considered necessary to provide for the planned
development of educational institutions, inculcation of healthy educational
practice, maintenance and improvement in the standards of education and
better organisation discipline and control over educational institutions in the
State with a view to fosteri ng the harmonious development of the mental
and physical faculties of students and cultivating a scientific and secular
outlook through education.
Hence the Bill.
(Published in Karnataka Gazette Part IV -2A, dated 7.7.1983 at page
291.)
II
Amending Act 8 of 1998.- When the Karnataka Education Bill, 1983 was
pending for assent of the President of India, the Government of India sought
clarifications from the State Government on certain matters. By way of
response, the State Government proposed certain amendments to the said
Bill and simultaneously a draft of the Karnataka Education (Amendment)
Ordinance was also sent to Government of India.
The Government of India, while conveying the assent of the President to
7
the said Bill also, conveyed previous instructions of the President to the
Ordinance.
The Karnataka Education Bill which has received the assent of the
President was published as an Act on 20th January, 1995 and all the
provisions of the A ct were brought into force with effect from the 1st day of
June, 1995.
As the Amendment Ordinance could not be promulgated it is proposed to
introduce a Bill incorporating all the amendments contained in the
Ordinance, which are as below:-
(1) Amendment of Section 1 to include in sub- section (3) certain
education institutions affiliated to Council on India School Certificate
Examination so as to exclude them from the application of the Act;
(2) Public interest is defined by amendment of section 2;
(3) Section 67 is being amended to restrict the period of taking over of
management initially to one year with a power to extend it for a further
period of one year;
(4) A new section 67A is proposed for relinquishment of management of
educational institutions;
(5) Amendment of section 74 is consequential.
Hence the Bill.
(Obtained from L.A. Bill No. 15 of 1996.)
III
Amending Act 13 of 2003. - It is considered necessary to prepare upto
date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts
and amendment Acts from time to time.
The Government constituted One-man Committee for the above purpose.
The Committee has reviewed the Karnataka Acts for the period from
1.1.1956 to 31.12.2000 and has proposed the "Repealing and Amending
Bill, 2002" which seeks to repeal the following types of Acts,-
(i) Acts which amended the Karnataka Acts whether they are now
in force or not;
(ii) Acts which amended regional Acts which are no longer in
force;
(iii) Appropriation Acts as they are spent Acts;
(iv) Acts which have been struck down or by necessary implication
struck down by the Courts;
(v) Acts which are by implication repealed by Central Acts;
(vi) Acts which are temporary and spent enactments; and
(vii) Acts which amend the Central Acts and regional Acts which
are in force.
The Bill does not include Acts which are already repealed expressly.
This Bill also seeks to amend certain Acts which are considered
necessary.
Hence the Bill.
[L.C. Bill No. 4 of 2002]
[Various entries of List II and III of the Seventh Schedule]
8
IV
Amending Act 04 of 2015. - The State Government has admitted
several Private Educational Institutions for grant in aid to improve the
standard of education and reduce the burden of management by giving
salary grant to teaching and non-teaching staff.
Whereas no departmental examinations or Kannada language
examinations were prescribed for employees in educational institutions
receiving maintenance grant from State Government.
Whereas the teaching staff in private management institutions
admitted to grant -in-aid, claim extension of benefit of one increment for
having passed SSLC examination with Kannada as a language or Kannada
Language Examination, on par with the pay and emoluments of Government
servants is upheld in W.P Nos.13715/2006 c/w W.P Nos. 17236/2008 and
10111-10681/2009 dated 30.06.2009 and Writ Appeal N o. 4255/2009 and
4556-5155/2009 dated 25.03.2010. Accordingly Government has issued
order No.ED 302 PMC 2006, dated 25.03.2011.
Whereas the Government order dated 25.03.2011 was challenged in
W.P No. 19846-20413/2012. The Hon'ble High Court of Karnataka allowed
the said petition on 10.08.2012, with directions to keep in view the service
particulars of the petitioners herein and calculate the additional increment
payable to the petitioners as has been done in the case of teaching and
non-teaching staff working in Government schools, who are similarly placed.
Whereas the state filed appeals against the order dated 10.08.2012
made in W.P Nos.19846- 20413/2012, in Writ Appeal No. 2779 and 4868-
5434/2013. The Hon'ble High Court has dismissed the said appeals on
28.08.2013.
And, whereas the state of Karnataka preferred the appeal in the
Hon'ble Supreme Court in Special Leave Petition No. 38205-38772/2013.
Whereas C.C.C.No. 648/2013 was filed before the Hon'ble High
Court to implement the decision of Judgment del ivered in W.P.No.19846-
20413/2012 dated 10.08.2012. The petition was allowed by giving 15 days
time to implement the said orders. Since, Service examination or Kannada
Language Examination is not made obligatory for aided school employees,
there appears no justification in sanction of additional increment for having
passed service or Kannada Language examination to aided institution
employees. Government had never contemplated this at any point of time.
However, Government has issued order No. ED 286 PM C 2013, dated
11.11.2013 implementing the order dated: 10.08.2012 of the Hon'ble High
Court, subject to the Order of the Hon'ble Supreme Court in S.L.P. Nos.
38205-38772/2013 which resulted in huge financial implication on the
consolidated fund of the State.
The above said Special Leave Petition Nos. 38205-38772/2013 were
dismissed on 06.01.2014.
Now therefore, it is considered necessary to review the matter and
since no Service examinations or Kannada Language Examination has
been prescribed for the employees of aided Educational Institutions the
Government decided not to extend the additional increment payable to the
9
employees working in aided educational institutions as has been done in the
case of employees working in Government Schools.
As the matter was urgent and both houses of the Karnataka State
Legislature were not in session, the Karnataka Education (Amendment)
ordinance, 2014 (Karnataka ordinance 1 of 2014) was promulgated on
31.10.2014.
This Bill seeks to replace the said ordinance.
Hence the Bill.
[L.A. Bill No. 57 of 2014, File No. Samvyashae 41 Shasana 2014]
[entry 41 of List II and 25 of list III of the Seventh Schedule to the
Constitution of India.]
V
Amending Act 18 of 2017. - With an object to stop leakage of question
papers during examination and to eradicate malpractices by the students
and others during examination or evaluation, a committee headed by
Additional Chief Secretary to Government has recommended to strengthen
the provis ions of the Karnataka Education Act, 1983 to prevent
malpractices. Therefore, it is considered necessary further to amend the
said Act to provide for,-
(a) expansion of the term "malpractice";
(b) definition of the term "question paper";
(c) prohibition of malpractice;
(d) prohibition of leakage of question paper and penalties thereto;
(e) enhancement of certain penalties;
(f) empowering the examination Board or Department or Authority to
debar students and to recommend for suspension or withdrawal of
recognition of such Education institutions indulge in malpractices;
and
(g) certain consequential amendments are also proposed.
Hence, the Bill.
[L.A. Bill No.3 of 2017, File No. Samvyashae 06 Shasana 2017]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
VI
Amending Act 25 of 2017 .- It is considered necessary
further to amend the Karnataka Education Act, 1983 (Karnataka Act 01 of
1995) to,-
(1) exempt Educational Institutions affiliated to or recognized by the
Council of Indian School Certificate Examination or Central Board of
Secondary Education, subject to condition that the provisions of section 5A,
48, 112A and 124A of this Act shall continue to apply to these institutions;
(2) define District Education Regulatory Authority;
(3) make provisions to ensure safety and security of students
including protection from sexual offences, by the every Education Institution
and employee;
(4) provide penalty for contravention of the provisions of sections 5A,
48, 88, 89 and 90;
10
(5) certain consequential amendments are also proposed.
Hence, the Bill.
[L.A. Bill No. 18 of 2017, File No. Samvyashae 21 Shasana 2017]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
11
KARNATAKA ACT No. 1 OF 1995
(First published in the Karnataka Gazette Extraordinary on the Twentieth
day of January, 1995)
THE KARNATAKA EDUCATION ACT, 1983
(Received the assent of the President on the Twenty-Seventh day
of October 1993)
(As amended by Act 8 of 1998, 13 of 2003, 04 of 2015 ,18 of 2017
and 25 of 2017)
An Act to provide for better organisation, development, discipline and
control of the educational institutions in the State.
WHEREAS it is considered necessary to provide for the planned
development of educational institutions inculcation of healthy educational
practice, maintenance and improvement in the standards of education a nd
better organisation, discipline and control over educational institutions in the
State with a view to fostering the harmonious development of the mental
and physical faculties of students and cultivating a scientific and secular
outlook through education;
BE it enacted by the Karnataka State Legislature in the Thirty -fourth Year
of the Republic of India as follows:-
CHAPTER I
GENERAL
1. Short title, extent, application and commencement. - (1) This Act
may be called the Karnataka Education Act, 1983.
(2) It extends to the whole of the State of Karnataka.
(3) It applies to all educational institutions and tutorial institutions in the
State except,-
(i) institutions for scientific or technical educati on financed by the
Central Government, and declared by Parliament by law to be institutions of
national importance;
(ii) institutions of higher education which shall be deemed to be
University as declared by the Central Government by a notification, under
section 3 of the University Grants Commission Act, 1956 (Central Act III of
1956);
(iii) institutions established or maintained and administered by or
affiliated to or recognised by the University of Agricu ltural Sciences in so far
as the matter pertaining to them are dealt within the University of
Agricultural Sciences Act, 1963 (Karnataka Act 22 of 1963); 3[2[(iiia) Educational Institutions affiliated to or recognized by the Council
of Indian School Certi ficate Examination or Central Board of Secondary
Education respectively but subject to condition that the provisions of section
5A, 48, 112A and 124A of this Act shall continue to apply to these
institutions.]2]3
(iv) in so far as the matters pertaining to colleges and institutions are
12
dealt within,-
(a) the Indian Medical Council Act, 1956 (Central Act, CII of
1956);
(b) the Dentists Act, 1948 (Central Act XVI of 1948);
(c) the Pharmacy Act, 1948 (Central Act VIII of 1948);
(d) the Karnataka State Universities Act, 1976 (karnataka Act 28
of 1976); 2[(d-a) the All India Council for Technical Education Act, 1987
(Central Act 52 of 1987);
(d-b) the Indira Gandhi National Open University Act, 1985 (Central
Act 50 of 1985);
(d-c) the National Council for Teachers Education Act, 1993
(Central Act 73 of 1993);]2
(e) the Karnataka Ayurvedic and Unani Practitioners'
Miscellaneous Provisions Act, 1961 (Karnataka Act 9 of
1961) ; and
(f) the Karnataka Homoeopathic Practitioners A ct, 1961
(Karnataka Act 35 of 1961);
(v) such other class or classes of institutions, subject to such
conditions and to such extent as the State Government may, by notification,
specify:
Provided that nothing in Chapter III, section 35 of Chapter V, Chapter VII
and Chapters IX to XV (both inclusive) except sections 57 and 58 of Chapter
X shall be applicable to commerce institutions.
(4) It shall come into force on such 1[date]1 as the Stat e Government
may, by notification, appoint and different dates may be appointed for
different provisions of the Act.
1. Act came into force w.e.f. 1-6-1995 by notification. Text of the notification is at the end of Act.
2. Inserted by Act 8 of 1998 w.e.f. 11-4-1998.
3. Substituted by Act 25 of 2017 w.e.f. 22.04.2017.
2. Definitions.- In this Act, unless the context otherwise requires,-
(1) 'academic year' means the year begi nning on such date as the
State Government or the prescribed authority may, by notification, specify
with respect to any specified area or with respect to any educational
institution or class of educational institutions;
(2) 'adult education' means the education or further education of a
person of not less than fifteen years of age who has not attended any
educational institution at any time before, or, as the case may be, who is a
dropout from an educational institution at any level of his studies therein;
(3) 'approved school' means any school in any specified area imparting
primary education which,-
(a) is under the management of the State Government or a local
authority; or
(b) being under any other management, is recognised by the State
Government or by an officer authorised by the State Government in this
behalf or by a school board as approved school for the purposes of this Act;
(4) "attendance authority" means any person having the prescribed
13
qualification appointed to be an attendance authority under section 13;
(5) "backward classes" means any socially and educationally backward
classes of citizens recognised by the Government for purposes as the case
may be, of clause (4) of Article 15 or clause (4) of ar ticle 16 of the
Constitution of India;
(6) 'child' means a boy or girl within such age group not being less than
six years or more than fourteen years at the beginning of the academic year
as the State Government may specify for the purposes of this Act either
generally or with respect to any specified area;
(7) 'competent authority' means any person, officer or authority
authorised by the State Government, by notification, to perform the functions
and discharge the duties of the competent authority under all or any of the
provisions of this Act for such area or for such purposes or for such classes
of institutions as may be specified in the notification;
(8) "commerce education" means education in typewriting, shorthand,
Book-keeping and accountancy, commerce, office practice and procedure,
salesmanship and marketing, banking practice, insurance practice and such
other subjects as may be notified by the State Government;
(9) "commerce institution" means any institution imparting commerce
education and presenting students for examinations conducted by the
Karnataka Secondary Education Examination Board;
(10) "district" means revenue district;
(11) "District Education Officer" means an Officer appointed as such to
be incharge of the administration of the primary education in a district or part
of a district;
2[(11A) "District Education Regulatory Authority" means an authority
constituted under the Chairmanship of the Deputy Commissioner of a
district with composition, role, functions and powers as may be prescribed
by rules.]
2
(12) "Director for Compulsory Primary Education" means the
Commissioner of Public Instruction in Karnataka or any other officer
discharging the functions and exercising the powers of Director for Public
Instruction (Primary Education);
(13) 'educational agency' in relation to a private educational institution,
means any person or body of persons which has established and is
administering or proposes to establish and administer or is entrusted with
the establishment, management, administration and maintenance of such
private educational institution;
(14) "educational institution" means any institution imparting education
referred to in section 3 and includes a private educational institution but
does not include an institution under the direc t management of the
University or of the Central Government or a tutorial institution;
(15) "employee" means a person employed in an educational institution;
(16) "general education" means every branch of education other than
religious, professional, medical, technical or special education;
(17) "Governing Council" means any person or body of persons permitted
or deemed to be permitted under this Act to establish or maintain a private
educational institution; or commence institution or tutorial institu tion and
14
includes the governing body, by whatever name called, to which the affairs
of the said educational institution are entrusted;
(18) "grant" or "grant-in-aid" means any sum of money paid as aid out of
the State funds to any educational institution;
(19) "Managing Committee" means the individual or the body of
individuals entrusted or charged with the management and administration of
a private educational institution and where a society, trust, or an association
manages more than one such institution, includes the managing committee
of each such institution;
(20) "medical education" includes education in modern scientific
medicine, in all its branches, Ayurvedic system of medicine, Unani system
of medicine, integrated system of medicine, Indigenous medicine,
Naturopathy, Siddha or Homoeopathy;
(21) "minority educational institution" means a private educational
institution of its choice established and administered by a minority whether
based on religion or language, having the right to do so under clause (1) of
Article 30 of the Constitution of India;
(22) "non-formal Education" means the education, of a person upto
fifteen years of age who has not attended any educational institution at any
time before or as the case may be, who is a drop out from an educational
institution at any level of his studies therein to enable him to enter the formal
educational system at an appropriate level;
(23) "parent" in relation to a child includes a guardian and every person
who has the lawful custody of the child;
(24) "prescribed" means prescribed by rules made under this Act;
(25) "primary education" means education in and upto such classes and
standards as are prescribed under this Act;
(26) "primary school" means a school or part of such school in which
primary education upto any standard is imparted;
(27) "private educational institution" means any educational institution
imparting education referred to in section 3, established and administered or
maintained by any person or body of persons, but does not include an
educational institution,-
(a) established and administered or maintained by the Central
Government or the State Government or any local authority or
any other authority designated or sponsored by the Central
Government or the State Government;
(b) established and administered by any University established by
law;
(c) giving, providing or imparting only religious instruction, but not
any other instruction; or
(d) imparting instruction for which there is no approved syllabi or
course of studies or Government or University Examination;
(28) "private tuition" means instruction or teaching given by an employee
of a recognised educational institution outside its premises to students;
1[(28A) 'Public interest' includes public order, public health, public morality
and other similar purposes;]1
15
(29) "ragging" means causing, inducing, compelling or forcing a student,
whether by way of a practical joke or otherwise, to do any act which detracts
from human dignity or violates his person or exposes him to ridicule or to
forbear from doing any lawful act, by intimidating., wrongfully restraining,
wrongfully confining, or injuring him or by using criminal force to him or by
holding out to him any threat of such intimidation, wrongful restraint,
wrongful confinement, injury or the use of criminal force;
(30) "recognised educational institution" means an educational institution
recognised under this Act and includes one deemed to be recognised
thereunder;
(31) "registering authority' means any person, officer or authority
authorised by the State Government by notification, to perform the functions
and discharge the duties of the registering authority under all or any of the
provisions of this Act for such area or for such purposes or for such classes
of institutions as may be specified in the notification;
(32) "secondary education" means education in and upto such class or
standard as may be prescribed;
(33) "secretary" in relation to a private educational institution means the
person, by whatever name called, who under the rules or reg ulations of the
private educational institution is a chief executive entrusted with the
management of the affairs of the institution;
(34) "society" includes a society registered under the Karnataka
Societies Registration Act, 1960 (Karnataka Act 17 of 1960), or Karnataka
Co-operative Societies Act, 1959 or a trust registered under the Bombay
Public Trust Act, 1950, or any association of individuals registered under
any other law for the time being in force;
(35) "special education" means education for t he handicapped,
education in music, dance, drama, fine arts, physical education including
sports and games and such other types of education as the State
Government may by notification, in that behalf specify;
(36) "specified area" means any area in whic h primary education is
notified by the State Government to be compulsory under section 11;
(37) "technical education" means any course of study in Engineering,
Technology, Architecture, Ceramics, Industrial Training, Mining, or in any
other subject, as the State Government may, by notification, specify;
(38) "tribunal" means the Educational Appellate Tribunal constituted
under section 96;
(39) "tutorial institution" means an unrecognised institution established or
run by not less than two persons for systematically imparting education or
instruction to twenty or more persons in any subject with a view to prepare
them to appear for an examination in any branch of education conducted or
recognised by the State Government or the Universities in the State or any
body or authority under this Act or any other law for the time being in force.
1. Inserted by Act 8 of 1998 w.e.f. 11.4.1998.
2. Inserted by Act 25 of 2017.w.e.f.22.04.2017.
3. Regulation of education.- (1) The State Government may, subject to
sub-section (3) of section 1, regulate general education, professional
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education, medical education, technical education, commerce education
and special education at all levels in accordance with the provisions of this
Act.
(2) The State Government may towards that end,-
(a) establish and maintain educational institutions;
(b) permit any local authority or a private body of persons to
establish educational institutions and maintain them according to such
specifications as may be prescribed;
(c) require registration of educational institutions including tutorial
institutions;
(d) recognise educational institutions;
(e) grant aid to any recognised educational institutions in
furtherance of the objects of this Act;
(f) regulate the admission including the minimum or maximum
number of persons to be admitted to any course in any educational
institution or class of such institutions, and the minimum age for such
admission;
(g) prescribe the conditions for eligibility of or admissions to any
educational institution or class of such institutions;
(h) establish hostels or recognise private hostels and frame rules for
grant-in-aid to recognised private hostels;
(i) permit or establish institutions imparting education in arts, crafts,
music, dance, drama or such other fine arts, physical educ ation including
sports;
(j) permit and establish institutions or centres for pre -primary
education, adult education and non-formal education; and
(k) take from time to time such other steps as they may consider
necessary or expedient.
4. Prohibition of private tuition. - On and after the date of
commencement of this Act, no institution recognised or deemed to be
recognised under this Act, shall permit any of its employees to give private
tuition nor shall such employee impart such tuition to any person.
5. Promotion of education of the weaker sections and the
handicapped.- The State Government shall endeavour to promote the
education of the handicapped, backward classes and the weaker sections of
the society including the economicall y weaker sections thereof and in
particular of the Scheduled Castes, Scheduled Tribes with special care by
adopting towards that end such measure as may be appropriate.
1[5A. Safety and security of students. - Every educational institution and
an employee of such educational institutions shall take such measures to
ensure safety and security of students including protection from sexual
offences, in the manner as may be prescribed.]
1
1. Inserted by Act 25 of 2017 w.e.f. 22.04.2017.
6. Educational institutions to be in accordance with this Act. - No
17
educational institution shall be established or maintained otherwise than in
accordance with the provisions of this Act or the rules made thereunder.
7. Government to prescribe curricula, etc. - (1) Subject to such rules
as may be prescribed, the State Government may, in respect of educational
institutions, by order specify,-
(a) the curricula, syllabi and text books for any course of instruction;
(b) the duration of such course;
(c) the medium of instruction;
(d) the scheme of examinations and evaluation;
(e) the number of working days and working hours in an academic
year;
(f) the rates at which tuition and other fees, building fund or other
amount, by whatever name called, may be charged from students or on
behalf of students;
(g) the staff pattern (teaching and non -teaching) and the
educational and other qualifications for different posts;
(h) the facilities to be provided, such as buildings, sanitary
arrangments, playground, furniture, equipment, library, teaching aid,
laboratory and workshops;
(i) such other matters as are considered necessary.
(2) The curricula under sub- section (1) may also include schemes in
respect of,-
(a) moral and ethical education;
(b) population education, physical education, health education and
sports;
(c) socially useful productive work, work experience and social
service;
(d) innovative, creative and research activities;
(e) promotion of national integration;
(f) promotion of civic sense ; and
(g) inculcation of the sense of the following duties of citizens,
enshrined in the Constitution namely:-
(i) to abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem;
(ii) to cherish and follow the noble ideals which inspired our
national struggle for freedom;
(iii) to uphold and protect the sovereignty, unity and integrity of
India;
(iv) to defend the country and render national service when
called upon to do so;
(v) to promote harmony and the spirit of common brotherhoo d
amongst all the people of India transcending religious,
linguistic and regional or sectional diversities to renounce
practices derogatory to the dignity of women;
(vi) to value and preserve the rich heritage of our composite
culture;
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(vii) to protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion
for living creatures;
(viii) to develop the scientific temper, humanism and the spirit of
inquiry and reform;
(ix) to safeguard public property and to abjure violence;
(x) to strive towards excellence in all spheres of individual and
collective activity, so that the nation constantly rises to higher
levels of endeavour and achievement.
(3) The prescription under sub- section (1) may be different for the
different categories of educational institutions.
(4) (a) The objectives of education at the primary level shall be
universalisation of education at the primary level by comprehensive access
by both formal and non- formal means and by improving retention and
completion rates with carriculum development and teacher education to help
children attain the required level of achivement in the following basic
purposes:-
(i) development of 'basic skills' in literacy in the mother tongue
and Kannada (where mother tongue is not Kannada),
numeracy and communication;
(ii) development of 'life skills' for understanding of and
meaningful interaction with the physical and social
environment, including study of Indian culture and history,
science, health and nutrition;
(iii) introduction of 'work experience' or socially useful productive
work to provide children with the ability to help themselves, to
orient them to the work processes of society and to develop
right attitudes to work;
(iv) promotion of values including moral values; and
(v) development of good attitudes towards further learning.
(b) The main objective of education at the secondary level shall be
to impart such general eduction as may be prescribed so as to make the
pupil fit either for higher academic studies or for job- oriented vocational
courses. The general education so imparted shall, among others, include,-
(i) the development of linguistic skills and literary appreciation in
the regional language;
(ii) the attainment of prescribed standards of proficiency in any
two other selected languages among classical or modern
Indian languages including Hindi and English;
(iii) the acquisition of requisite knowledge in mathematics and
physical and biological sciences, with special reference to the
physical environment of the pupil;
(iv) the study of social sciences with special reference to history,
geography and civics so as to acquire the minimum
necessary knowledge in regard to the State, country and the
world;
(v) the introduction of 'work experience' or 'socially useful
productive work' as an integral part of the curriculum; and
(vi) training in sports, games, physical exercises and other arts.
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(5) In every recognised educational institution,-
(a) the course of instruction shall conform to the curricula and other
conditions under sub-section (1); and
(b) no part of the working hours prescribed shall be utilised for any
purpose other than instruction in accordance with the curricula.
CHAPTER II
EDUCATIONAL AUTHORITIES
8. Appointment of Officers.- (1) The State Government shall constitute
as many departments as it deems necessary to deal with the various
aspects of education and appoint a Director or Commissioner for each
department or group of departments.
(2) The State Government may also appoint such number of officers as
may be necessary, designated as Additional Director, Joint Director, Deputy
Director or otherwise, for each department or group of departments to assist
each such Director in the exercise of the powers conferred on and the
performance of the functions entrusted to him by or under this Act.
(3) Subject to the provisions of this Act and the general or special orders
of the State Government made in this behalf, the Director or Commissioner
appointed under sub -section (1), shall be the Chief Controlling Authorit y in
all matters connected with the administration of such part of education in the
State as may be allotted by the State Government by an order in this behalf
to the department or group of departments, of which he is the Director or
Commissioner.
(4) The State Government may constitute such number of Vigilance
Cells at the State, division and district levels as it thinks fit with such number
of officers as it deems necessary in each cell for each department to
perform such duties and functions as may be prescribed for the proper
observance of the provisions of this Act and rules thereunder.
(5) All persons employed in the administration of this Act shall be subject
to the superintendence, direction and control of the State Government and
the officer or officers to whom each officer shall be subordinate shall be
determined by the State Government.
9. District Educational Officers and other sub -ordinate officers and
staff at the district level. - (1) The State Government may appoint for each
District one or more District Educational Officers, and every such District
Educational Officer shall exercise such powers and perform such functions
as may be entrusted to him by or under this Act.
(2) The State Government may sanction the appointment of such
number of officers and staff as may be necessary to assist the District
Educational Officer.
(3) The appointment to the posts sanctioned under sub- section (2) shall
be made by such authority and in such manner as may be prescribed.
(4) The powers and functions of the officers and staff appointed under
this section shall be such as may be prescribed.
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10. Constitution of Boards. - (1) The State Government may, by
notification, establish a Board of Secondary Education to be called "The
Board of Secondary Education, Karnataka", the composition, powers and
functions of which shall be such as may be prescribed. The functions of the
Board shall include,-
(a) advising the State Government on the co-ordinated development
of secondary education in the State; and
(b) the conduct of examinations, conforming to the minimum
standards as may be prescribed and the award of certificates.
(2) The State Government may, by notification establish a Board of
Teacher's Education to be called "The Board of Teacher's Education,
Karnataka" the composition and powers of which shall be such as may be
prescribed. The functions of the Board shall be to adv ise the State
Government on the course of study, preservice and inservice training of
teachers and other matters relating to teachers' education.
(3) (1) The State Government may, by notification establish a Board of
Technical Education to be called "The Board of Technical Education,
Karnataka", the composition and powers of which shall be such, as may be
prescribed.
(2) The functions of the Board shall be,-
(a) to advise the State Government on or State proposed
schemes for the co -ordinated development of technical
education in the State at all levels;
(b) to inspect the institutions periodically and ensure that the
standards of the course and the institutional facilities
provided are satisfactory;
(c) to conduct examinations and award diplomas and Excerpt shown. Open the full act in Lexace.