LexThe KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984
Karnataka · state statute
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THE KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF
CAPITATION FEE) ACT, 1984
ARRANGEMENT OF SECTIONS
Statement of Objects and Reasons:
Sections:
1. Short title and commencement.
2. Definitions.
3. Collection of capitation fee prohibited.
4. Regulation of admission to educational institutions, etc.
5. Regulation of fees, etc.
6. Regulation of expenditure and maintenance of accounts, etc.
7. Penalties.
8. Offences by companies.
9. Power to enter and inspect.
10. Application of the Act to minority institutions.
11. Cognisance of offences.
12. Act to override other laws.
13. Protection of act done in good faith.
14. Power to make rules.
15. Validation.
16. Repeal and savings etc.
*****
STATEMENT OF OBJECTS AND REASONS
I
Act 37 of 1984.- The practice of collecting capitation fees for admitting students in educational
institutions is widespread in the State.
This undesirable practice besides leading to large scale commercialisation of education, has
not been conducive to the maintenance of educational standards.
It is considered necessary to effectively curb the evil practice, in public interest and prohibit
the collection of capitation fees for admission to edu cational institutions in the State of Karnataka
and regulate certain matters relating thereto.
As the matter was urgent and neither House of the State Legislature was in session an
Ordinance was promulgated.
This Bill seeks to be re place the said Ordinance.
(Published in the Karnataka Gazette (Extraordinary) dated 25-1-1984 as No. 70 at page 10.)
II
Amending Act 17 of 1985.- The Karnataka Educational Institutions (Prohibition of Capitation
Fee) Bill, 1984 as passed by bot h the Houses of Legislature wa s reserved by the Governor of
Karnataka for consideration of the President under Article 200 of the Constitution of India. When
the Bill was awaiting the assent of the Presiden t, Ordinance 14 of 1983, which it was intended to
replace had lapsed and it become necessary to promulgate the Karnataka Educational
Institutions (Prohibition of Capitation Fee) Ordinance, 1984 (Karnataka Ordinance 8 of 1984) with
substantially the same provisions as the B ill and effective from 11 the July, 1983. It was
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promulgated on 9th July, 1984 to provide legal vali dity to the rules, orders and notifications
issued or validated under Karnataka Ordinance 4 of 1983 and to the rules, orders and
notifications on the subject issued or to be issued for the academic year 1984-85.
Subsequently the assent of the President was re ceived to the Bill and it was published as the
Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of
1984) on 9th August 1984. Hence the Karnataka Ordinance 8 of 1984 had to be repealed, saving
action taken or validated by it.
While conveying the assent of the Presi dent Government of India also communicated
directions that the Act may be amended to the effect that any contravention of the provisions of
Act after the lapse of the Karnataka Ordinance 14 of 1983 but before the date of publication of
the Act in the official Gazette shall not be punishable under section 7 or 8 of the Act as offences
cannot be created retrospectively.
In order to repeal the Karnataka Ordinance 8 of 1984 and to amend the Act in accordance
with the directions of the Government of Indi a and to make certain consequential amendments to
the Act including validation of action taken or validated by Karnataka Ordinance 8 of 1984 the
Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Ordinance, 1984
was promulgated on 9th August, 1984 as Karnataka Ordinance 10 of 1984. As the said
Ordinance lapsed on the tenth day of January, 1985 the Karnataka Educational Institutions
(Prohibition of Capitation Fee (Amendment) Ordi nance, 1985 (Karnataka Ordinance 2 of 1985)
was promulgated. The Bill seeks to replace the said Ordinance. Hence the Bill.
(Published in Karnataka Gazette (Extraordinary ) Part IV-2A as No 163 dated 25.3.1985 at
page 5-6.)
III
Amending Act 15 of 2003.- The Karnataka Educational Institutions (Prohibition of
Capitation Fees) Act, 1984 (Karnataka Act 37 of 198 4) has come into force with effect from 11th
July 1983 to effectively curb the evil practice of collection of capitation fee for admission to
educational institutions in public interest and matte rs connected therewith and incidental thereto.
In clause (c) of section 2 of the said Act, Educational Institution has been defined to be an
institution leading to a degree conferred by a university estab lished under the Karnataka State
Universities Act, 1976 (Karnataka Act 28 of 1976) . Subsequent to the said enactment the
Kannada University Act, 1991, Karnataka Stat e Open University Act, 1992, Rajeev Gandhi
University of Health Sciences Act, 1994, and Visveswariah Technological University Act, 1994
were enacted and the Karnataka University of Ag ricultural Sciences Act, 1963 was not covered
with in the definition of Educat ional Institution. It is considered necessary to bring all the
Institutions leading to a degree conferred by Univ ersities established under any law for the time
being in force.
Hence the Bill.
(vide LA Bill No. 18 of 2002 File No. SAMVYASHAE 6 SHASANA 2002)
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KARNATAKA ACT No. 37 OF 1984
(First Published in the Karnataka Gazette Extraordinary on the Ninth day of
August, 1984)
THE KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION
FEE) ACT, 1984
(Received the assent of the President on the Twentieth day of July, 1984)
(As Amended by Act 17 of 1985 and 15 of 2003)
An Act to prohibit the collection of capitation fee for admission to educational
institutions in the State of Karnataka and matters relating thereto.
W HEREAS the practice of collecting capitation fee for admitting students into
educational institutions is widespread in the State ;
A ND whereas this undesirable practice beside contributing to large scale
commercialisation of education has not been conducive to the maintenance of
educational standards ;
A ND whereas it is considered necessary to effe ctively curb this evil practice in public
interest by providing for prohibition of collection of capitation fee and matters relating
thereto ;
B E it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the
Republic of India as follows :-
1. Short title and commencement.- (1) This Act may be called the Karnataka
Educational Institutions (Prohibition of Capitation Fee) Act, 1984.
1[(2) This section, clause (c) of section 15 and sub-sections (2) and (4) of section 16
shall come into force at once and the remaining provisions of this Act shall be deemed to
have come into force on the Eleventh day of July 1983.]1
1. Sub Section (2) substituted by Act 17 of 1985 w.e.f. 9.8.1984.
2. Definitions.- In this Act, unless the context otherwise requires ,-
(a) "backward classes" means any socia lly and educationally backward classes of
citizens recognised by the Government for purposes of clause (4) of Article 15 of the
Constitution of India ;
(b) "capitation fee" means any amount, by whatever name called, paid or collected
directly or indirectly in excess of the fee prescribed under section 5, but does not include
the deposit specified under the proviso to section 3 ;
(c) "educational institution" means any in stitution by whatever name called, whether
managed by Government, private body, local authority, trust, university or any other
person carrying on the activity of imparting education in medicine or engineering leading
to a degree conferred 1[by a university established under any law for the time being in
force]1 and any other educational institution, or class or classes of such institution, as the
Government may, by notification, specify ;
1. Substituted by Act 15 of 2003 w.e.f. 5.4.2003
(d) "Government" means the Government of Karnataka ;
(e) "Government seats" means such number of seats in such educational institutions
or class or classes of such institutions in the State as the Government may, from time to
time, specify for being filled up by it in such manner as may be specified by it by general
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or special order on the basis of merit and reservation for Scheduled Castes, Scheduled
Tribes, Backward Classes and such other categories, as may be specified, by the
Government from time to time, without the requirement of payment of capitation fee or
cash deposit ;
(f) "management" means the managing committee or the governing body, by
whatever name called, of an educational institution to which the affairs of the said
institution are entrusted and where such affairs are entrusted to any person, whether
called by the name of Secretary, correspondent or by any other name includes also such
person ;
(g) "minority educational institutions" means educational institutions established and
administered by minorities as provided under article 30 of the Constitution of India ; and
(h) "Scheduled Castes" and "Scheduled Tribes" shall have the meaning respectively
assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India.
3. Collection of capitation fee prohibited.- Notwithstanding anything contained in
any law for the time being in force, no capitation fee shall be collected by or on behalf of
any educational institution or by any person who is incharge of or is responsible for the
management of such institution :
Provided that subject to such rules as may be prescribed or such conditions as may
be specified by general or special order, fr om time to time, the Government may,
notwithstanding anything contained in this Act permit any educational institution
established before the date of commencement of this Act and maintained or developed
solely or substantially out of amounts collected as capitation fee or any class or classes
of such institutions, to continue to receive such capitation fee or cash deposits in such
manner, to such extent and for such period as the Government may, by order, specify,
so however that such period shall not in any case extend beyond five years from such
date.
4. Regulation of admission to educational institutions etc.- Subject to such
rules, or general or special orders, as may be made by the Government in this behalf
and any other law for the time being in force ,-
(1) (a) the minimum qualification for admission to any course of study in an
educational institution shall be such as may be specified by,-
(i) the university, in the case of any course of study in an educational
institution maintained by or affiliated to such university :
Provided that the Government may, in the interest of excellence of education, fix any
higher minimum qualification for any course of study ;
(ii) the Government, in the case of other courses of study in any other
educational institution ;
(b) the maximum number of students that could be admitted to a course of study
in an educational institution shall be such as may be fixed by the Government from time
to time ;
(2) In order to regulate the capitation fee charged or collected during the period
specified under the proviso to section 3, the Government may, from time to time, by
general or special order, specify in respect of each private educational institution or class
or classes of such institutions,-
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(a) the number of seats set apart as Government seats ;
(b) the number of seats that may be filled up by the management of such
institution,-
(i) from among Karnataka students on the basis of merit, on payment of such
cash deposits refundable after such number of y ears, with or without interest as may be
specified therein, but without the payment of capitation fee ; or
(ii) at its discretion :
Provided that such number of seats as may be specified by the Government but not
less than fifty per cent of the total number of seats referred to in clauses (a) and (b) shall
be filled from among Karnataka students.
Explanation.- For the purpose of this section, Karnataka students means persons
who have studied in such educational institutions in the State of Karnataka run or
recognised by the Government and for such number of years as the Government may
specify ;
(3) An educational institution required to fill seats in accordance with item (i) of sub-
clause (b) of clause (2), shall form a committee to select candidates for such seats. A
nominee each of the Government and the university to which such educational institution
is affiliated shall be included as members in such committee.
5. Regulation of fees, etc.- (1) It shall be competent for the Government, by
notification, to regulate the tuition fee or any other fee or deposit or other amount that
may be received or collected by any educational institution or class of such institutions in
respect of any or all class or classes of students.
(2) No educational institution shall collect any fees or amount or accept deposits in
excess of the amounts notified under sub-secti on (1) or permitted under the proviso to
section 3.
(3) Every educational institution shall issue an official receipt for the fee or capitation
fee or deposits or other amount collected by it.
(4) All monies received by any educational in stitution by way of fee or capitation fee
or deposits or other amount shall be deposited in the account of the institution, in any
Scheduled Bank and shall be applied and expended for the improvement of the
institution and the development of the educational facilities and for such other related
purposes and to such extent and in such manner as may be specified, by order, by the
Government.
(5) In order to carry out the purposes of sub-section (4), the Government may require
any educational institution to submit thei r programmes or plans of improvement and
development of the institution for the approval of the Government.
6. Regulation of expenditure and maintenance of accounts etc .- (1) The
Government may regulate the expenditure of educational institutions and the
maintenance of accounts by them in such manner as may be prescribed.
(2) The Government may require such educational institutions to submit such returns
or statements as it may deem necessary for carrying out the purposes of this Act.
7. Penalties.- Whoever contravenes the provisions of this Act or the rules or orders
made thereunder, shall, on conviction, be punishable with imprisonment for a term which
shall not be less than three years but whic h shall not exceed seven years and with fine
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which may extend to five thousand rupees. Where the conviction is for an offence under
section 3 or section 5, the institution or the person convicted thereunder shall refund the
money so collected in excess to the party from whom it was collected.
8. Offences by companies.- (1) Where an offence against any of the provisions of
this Act or any rule made thereunder has been committed by a company, every person
who at the time the offence was committed, was incharge of and was responsible to the
company for the conduct of business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accordingly:
Provided that nothing contained in this sub-section shall render any such person
liable to any punishment if he proves that the offence was committed without his
knowledge or that he has exercised all due diligence to prevent the commission of such
offence.
(2) Notwithstanding anything in sub-section (1) where any such offence has been
committed by a company and it is proved that the offence has been committed with the
consent or connivance of or is attributable to any neglect on the part of any director,
manager, secretary or other officer of the company, such director, manager, secretary or
other officer shall be deemed to be guilty of that offence and shall be liable to be
proceeded against and punished accordingly.
Explanation.- For the purpose of this section,-
(a) 'company' means any body corporate and includes a trust, a firm, a society or
other association of individuals, and
(b) 'director' in relation to,-
(i) a firm, means a partner in the firm ;
(ii) a society, a trust or other association of individuals, means the person who is
entrusted under the rules of the society, trust or other association with management of
the affairs of the society, trust or other association, as the case may be.
9. Power to enter and inspect.- (1) Any officer not below the rank of a Gazetted
Officer authorised by the State Government in this behalf, may at any time during the
normal working hours of any educational institution enter such institution or any
premises thereof or any premises belonging to the management of such institution if he
has reason to believe that there is or has been any contravention of the provisions of this
Act and search and inspect any record, accounts, register or other document belonging
to such institution or of the management, in so far as any such record, accounts, register
or other document relates to such institution and seize any such record, accounts,
register or other documents for the purpose of ascertaining whether there is or has been
any such contravention.
(2) In order to secure proper and effective utilisation of the finances or resources or
other assets of any educational institution in existence at the commencement of this Act
it shall be competent for the Government to invoke the provisions of sub-section (1) and
ascertain such finances, resources and assets of an institution and after such
ascertainment to give such directions to the managements as they deem fit.
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(3) The provisions of the Code of Criminal Procedure 1973 (Central Act 2 of 1974)
relating to searches and seizures shall apply, so far as may be, to searches and
seizures under sub-section (1).
10. Application of the Act to minority institutions.- Nothing in this Act or the rules
or orders made thereunder shall apply to any minority educational institution to the
extent to which they are inconsistent with the rights guaranteed under article 30 of the
Constitution of India.
11. Cognisance of offences.- No court shall take cognizance of any offence under
this Act except with the sanction of the Government or such officer as it may authorise
in this behalf.
12. Act to override other laws.- The provisions of this Act shall have effect
notwithstanding anything inconsistent therewith contained in any other law for the time
being in force.
13. Protection of act done in good faith.- No suit, prosecution or other legal
proceeding shall be instituted against the Government or any officer, authority or person
empowered to exercise the powers or perform the functions by or under this Act for
anything which is in good faith done or intended to be done under this Act or under the
rules or orders made thereunder.
14. Power to make rules.- (1) The Government may, by notification, make rules for
carrying out all or any of the purposes of this Act.
(2) Every rule made under this section sha ll immediately after it is made, be laid
before each House of the State Legislature if it is in session and if it is not in session, in
the session immediately following for a total period of thirty days which may be
comprised in one session or in two or more successive sessions and if before the
expiration of the session in which it is so laid or the session immediately following both
Houses agree in making any modification in the rule or in the annulment of the rule, the
rule shall from the date on which the modification or annulment is notified, have effect
only in such modified form or shall stand annulled 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.
15. Validation.- Notwithstanding anything contained in this Act, any rule or order or
notification made or issued,-
(a) under the Karnataka Educational Institutions (Prohibition of Capitation Fee)
Ordinance, 1983 (Karnataka Ordinance No. 10 of 1983) or before the date of its
commencement ; and
1[(b) under the Karnataka Educational Institutions (Prohibition of Capitation Fee) (No.
2) Ordinance, 1983 (Karnataka Ordinance No. 14 of 1983) or before the date of
promulgation of the said Ordinance but after the lapse of Karnataka Ordinance
No. 10 of 1983; and
(c) under the Karnataka Educational Institutions (Prohibition of Capitation Fee)
Ordinance, 1984 (Karnataka Ordinance 8 of 1984), or before the date of
promulgation of the said Ordinance but after the lapse of Karnataka Ordinance 14
of 1983;
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in relation to any of the matters for furtherance of which this Act is enacted (including
the Government Order No. HFW 44 MSF 83 dated 20th June, 1983, Government Order
No. ED 37 TEC 83 dated 7th July, 1983 and Government Order No. ED 37 TEC 83
dated 1st October, 1983, Government Order No. ED 23 TEC 84, dated 21st June, 1984,
Government Order No.HFW 137 PTD 84, dated 25th July, 1984, Government Order No.
ED 175 TPE 84, dated 31st July, 1984 and Government Order No. HFW 136 MSF 84,
dated 1st August, 1983) and anything done or any action taken under such rule or order
or notification shall be deemed to be as valid and effective as if they were made, or
issued under this Act or as the case may be, done or taken under any such rule or order
or notification made or issued thereunder;]1
1. Clauses (b & c) substitu ted by Act 17 of 1985 w.e.f. 9.8.1984.
16. 1[Repeal and Savings etc] 1.- (1) The Karnataka Educational Institutions
(Prohibition of Capitation Fee) (No. 2) Ordinance, 1983 (Karnataka Ordinance No, 14 of
1983) is hereby repealed.
1[(2) The Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance,
1984 (Karnataka Ordinance 8 of 1984) is hereby repealed.
(3) Notwithstanding the repeal of Karnataka Ordinance 14 of 1983 and Karnataka
Ordinance 8 of 1984, anything done or any action taken under the said Ordinances shall
be deemed to have been done or taken under this Act.
(4) Notwithstanding anything contained in sections 7 and 8 but subject to sub-section
(3) no person or a company shall be convicted for anything done in contravention of the
provisions of this Act after the lapse of Karnataka Ordinance 14 of 1983, but before the
date of the publication of this Act in the official Gazette.]1
1.Sub-section (2) (3) and (4) substituted by Act 17 of 1985 w.e.f. 9.8.1984.
9
The Karnataka Educational Institutions (Pr ohibition of Capitation Fee) Act, 1984 has been
amended by the following sections, namely:-
Sl.
No.
Name and year
of the Act
Sections
Amended
Remarks
1 37 of 1984 - Sections 1, 15(c), 16(2) and 16(4) came into force
w.e.f. 9.8.84 and remaining sections came into force
w.e.f. 11.7.1983.
2 17 of 1985 1(2) 11.7.1983
3 15 of 2003 2(c) 11.7.1983
Section-wise amendments
Sl.No. Sections amended Act No. and Year
1. 1 17 of 1985 w.e.f. 9.8.84
2. 2 15 of 1983 w.e.f. 11.7.83