LexThe KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND DETERMINATION OF FEE) ACT, 2006
Karnataka · state statute
Open in Lexace · Ask the AI about this actKarnataka Act No. 8 of 2006
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND DETERMINATION OF FEE) ACT, 2006
Arrangement Sections
STATEMENT OF OBJECTS AND REASONS
Sections:
1. Short title and commencement
2. Definitions
3. State Common Entrance Test Committee
4. Method of admission in unaided professional educational institutions
4A. Method of admission in case of consensual agreement
4B. Method of Admission in Deemed University Institutions
5. Admission Overseeing Committee
6. Fee Regulatory Committee
7. Factors for Determination of Fee
8. Eligibility
9. Allocation and reservation of seats
10. Invalidation of admissions made in violation of the Act
11. Fund of the State Common Entrance Test Committee
12. Grants by the State Government
13. Power to borrow
14. Accounts and audit
15. Budget of the Committee
16. Report
17. Protection of action taken in good faith
18. Power of State Government to issue directions
19. Penalties
20. Power to enter and inspect
21. Act to override other laws
22. Power to remove difficulties
23. Power to make rules
24. Transitory provisions
STATEMENT OF OBJECTS AND REASONS
I
Act 8 of 2006. - It is considered necessary to provide for regulation of admission
and determination of fee in professional educational institutions in the State of Karnataka
and to provide for reservation of seats to persons belonging to the Scheduled Castes, the
Scheduled Tribes and Other Backward Classes in professional educational institutions.
The Hon'ble Supreme Court in its judgement in Islamic Academy of Education and
others Vs State of Karnataka, reported in (2003) 6 SCC 697, sought to regulate
admissions to professional courses through two committees, one for overseeing
admissions and the other for approving the fee structure in professional educational
institutions, pending enactment of appropriate law by the Parliament.
2
The Supreme Court in P.A.Inamdar and Others Vs State of Maharashtra reported in
(2005) 6 SCC 537 has held that where there is more than one minority or non minority
institution or similarly situated institution in the State imparting education in any one
discipline then a single common entrance test followed by centralised counseling, or in
other words, single window system of admission is necessary in order to achieve the twin
objectives of transpa rency and merit. All institutions of the same or similar type, whether
minority or non minority institutions will therefore be required to fill their seats through a
single common entrance test followed by centralised counseling.
Further the Apex Court in the same judgement has held that the State can regulate
admission by providing a centralized and single window procedure which will ensure fair
and merit based admissions and prevent maladministration. If the admission procedure
followed by the private institutions fails to satisfy all or any of the triple tests prescribed by
the Court, the admission procedure can be taken over by the State substituting its own
procedure. It is also pointed out that minority institutions will lose their minority character if
there is more than a "sprinkling" of students from non -minority communities in these
institutions. The Apex Court has also clarified that the minority students should be from
within the State. Taking this into consideration the Bill provides for sixty s ix percent of
reservation in minority institutions for students from that community within the State.
Whereas the population of the Scheduled Castes, Scheduled Tribes and Other
Backward Classes exceeds fifty percent of the total population in the State. T he Hon'ble
Supreme Court in Indirasawhany Vs. Union of India reported in AIR 1993 SC 477 has held
that the reservations made for all categories shall not exceed fifty percent. Keeping this in
mind the State Government has issued orders providing reservation for the Scheduled
Castes, the Scheduled Tribes and Other Backward Classes to the extent of fifty percent
under article 15(4) of the Constitution.
Article 15 (5) of the Constitution (as inserted by the Constitution (Ninety -third
Amendment) Act, 2005 prov ided for making any special provision by law by the State
Government for advancement of any socially and educationally backward classes of
citizen or for the Scheduled Castes or the Scheduled Tribes in relation to admission to
education institution includi ng private educational institutions whether aided or unaided,
other than minority educational institutions notwithstanding anything contained in article 15
and sub-clause (g) of article 19 of the Constitution.
Based on the above policy it is considered necessary to provide for reservation for
the Scheduled Castes, the Scheduled Tribes and Other Backward Classes who are
socially and educationally backward to the extent of fifty percent in Government, aided and
unaided non-minority professional educational institutions.
Hence the Bill.
[L.A. Bill No. 1 of 2006]
II
Amending Act 39 of 2015. - It is considered necessary to amend the Karnataka
Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act,
2006, to provide for,-
(1) a legal frame work which is acceptable by majority of the Professional Educational
Institutions and to empower the state Government to enter into consensual
agreement with association of non- minority or minority private unaided professional
educational institutions; to protect the interest of merit students of the State and the
institutions through consensual agreement by providing a quota of Government
seats in Private Educational Institutions to be filled by the Common Entrance Test
Committee constituted by the State; and to see that no student selected through
Common Entrance Test Committee is over charged or the interest of the Karnataka
3
Student is protected by providing concessions and scholarship while entering into
consensual agreement with private educational institutions;
(2) to save the action taken by the Government in entering in to consensual agreement
with the Association of private professional educational institutions and notifications
issued and consequential action taken by the State Government in this regard for the
Academic year 2015-16;
(3) guidelines to the Fee Regulatory Committee to fix the fee appropriately at affordable
rate as mandated by the Supreme Court, so that viability of situation is maintained
and no student is over charged; and
(4) certain consequential amendments are also made.
Hence, the Bill.
[L.A. Bill No.22 of 2015, File No. Samvyashae 28 Shasana 2015]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
III
Amending Act 22 of 2017. -It is considered nec essary to amend the Karnataka
Professional Education (Regulation of Admissions, Determination of fee) Act, 2006, (Karnataka
Act 8 of 2006) to provide for,-
(a) conduct of Common Entrance Test by the State Government;
(b) in case the Government of India or its agency conducts Common Entrance Test,
ranking of the candidates shall be obtained from such Common Entrance Test;
(c) fill up of seats through Common Entrance Test Committee or Government of India or
its agency in deemed Universities also;
(d) if P rivate Educational Institutions agrees to consensual agreement with the
Government then, the conduct of Common Entrance Test shall be in accordance with such
agreement;
(e) framing of rules by the State Government for conduct centralised counseling by it or
by such agency, in such manner as may be prescribed;
(f) inclusion of private universities in the definition of “Professional Educational
Institutions”; and
(g) other consequential amendments also.
Hence the Bill.
[L.A. Bill No.14 of 2017, File No. Samvyashae 15 Shasana 2017]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
4
Karnataka Act No. 8 of 2006
(First published in the Karnataka Gazette Extra-ordinary on the twenty fifth day of April, 2006)
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND DETERMINATION OF FEE) ACT, 2006
(As Amended by Karnataka Act 39 of 2015 and 22 of 2017 )
(Received the assent of the Governor on the twenty fourth day of April, 2006)
An Act to provide for r egulation of admission and determination of fee in professional
educational institutions in the State of Karnataka and to provide for reservation of seats to
persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward
Classes in the seats in professional educational institutions.
Whereas the Hon'ble Supreme Court in its judgement in Islamic Academy of Education
and others Vs State of Karnataka, reported in (2003) 6 SCC 697, sought to regulate admissions
to professional courses throug h two committees, one for overseeing admissions and the other
for approving the fee structure in professional educational institutions, pending enactment of
appropriate lay by the Parliament.
And whereas the Supreme Court in P.A. Inamdar and Others Vs State of Maharashtra
reported in (2005) 6 SCC 537 has held that where there is more than one minority or non
minority institution or similarly situated institution in the State imparting education in any one
discipline then a single common entrance test followed by centralised counseling, or in other
words, single window system of admission is necessary in order to achieve the twin objectives
of transparency and merit. All institutions of the same or similar type, whether minority or non
minority institutio ns will therefore be required to fill their seats through a single common
entrance test followed by centralised counseling.
Further the Apex Court in the same judgement has held that the State can regulate
admission by providing a centralized and singl e window procedure which will ensure fair and
merit based admissions and prevent maladministration. If the admission procedure followed by
the private institutions fails to satisfy all or any of the triple tests prescribed by the Court, the
admission procedure can be taken over by the State substituting its own procedure.
And whereas, in the Constitution (Ninety -third Amendment) Act, 2005, a provision has
been made under article 15(5) as follows:-
"(5) Nothing in this article or in sub- clause (g) of clause (1) of article 19 shall
prevent the State from making any special provision, by law, for the advancement of
any socially and educationally backward classes of citizens or for the Scheduled
Castes or the Scheduled Tribes in so far as such special pr ovisions relate to their
admission to educational institutions including private educational institutions,
whether aided or unaided by the State, other than the minority educational
institutions referred to in clause (1) of article 30."
In order to ac hieve the above object and for the purposes hereinafter appearing it is
considered necessary and expedient to provide for the following:
Be it enacted by the Karnataka State Legislature in the fifty -seventh year of the
Republic of India, as follows:-
1. Short title and commencement. - (1) This Act may be called the Karnataka
Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act,
2006.
(2) It shall come into force on such date as the State Government may, by noti fication,
appoint.
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5
2. The Act was kept in to abeyance from 2006-07 to 2013-14 and vide notification no No.ED 162
TEC 2013 at 18.11.2013. was brough in to force (See the text of the notification at the end of
the Act).
2. Definitions.- (1) In this Act, unless the context otherwise requires,-
1[(a) "Admiss ion" means admission made to Professional Educational Courses at
Admission Centre through Common Entrance Test based on merit.]1
1. Substituted by Act 39 of 2015 w.e.f 11.09.2015.
(b) “Admission Centre” means the centre at which selection and allotment of seats to the
candidates to various courses in professional institutions are made through the Common
Entrance Test based on merit.
(c) "Admission Overseeing Committee" means the committee constituted by the State
Government under section 5 for regulat ing the admissions in private 1[aided or ]1 unaided
professional educational institutions;
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
(d) "Aided institution" means a private professional educational institution receiving
financial aid or grant -in-aid from the State Government and includes minority and non- minority
educational institutions receiving such financial aid or grant;
(e) "Common Entrance Test" means the entrance test conducted for determination of
merit of the candidates followed by centr alized counseling for the purpose of admission to
professional educational courses through a single window procedure;
1[(f) "Common Entrance Test Cell or Committee" means the agency of the State
Government constituted under section 3 which conducts the Common Entrance Test.]1
1. Substituted by Act 39 of 2015 w.e.f 20.04.2017.
1[Provided that, in case Government of India or its agency conducts Common
Entrance Test for any course the merit determined in such test shall be
considered for making admission to such course.]1
1. Inserted by Act 22 of 2017 w.e.f 20.04.2017
1[(ff) "deemed University institutions" means the institutions of Professional
Educational courses established or maintained by deemed Universities located in the State of
Karnataka.]1
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
(g) "Fee Regulatory Committee" means the Committee constituted under section 6 for
determination and regulation of fee for admission to private unaided professional educational
institutions;
(h) "Government" means the State Government;
1[(i) "Government seats" means all the seats in Government colleges, university
constituent colleges, such number of the seats in Private Aided Professional Educational
Institutions as may be notified by the State Government and such number of the seats in
unaided minority and non- minority professional educational institutions and seats in private
universities and deemed universities as may be notified by the State Government in accordance
with the consensus arrived at between the private professional educational institutions, private
universities, deemed universities and the State Government;]1
1. Substituted by Act 39 of 2015 w.e.f 11.09.2015.
(j) "General Category Seats" means the seats other than the reserved seats;
1[(jj) "Institutional seats" means the seats other than Government seats filled by Private
unaided Professional Educational Institutions through common entrance test 2[XXX]1]2
6
3[Provided that in case the Government of India or its agency conducts such
Common Entrance Test then Centralized Counseling shall be conducted by
such agency and in such manner as may be prescribed.]3
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
2. Omitted by Acts of 22 of 2017 w.e.f. 20.04.2017
3. Inserted by Act 22 of 2017 w.e.f 20.04.2017
(k) "Intake" means and implies the total number of seats sanctioned by the competent
authority for admitting students in each course of study in a professional educational institution;
1[(kk) "Karnataka Student" means persons who have studied in such educational
institutions in the State of Karnataka run or recognized by the Government and for such number
of years as may be prescribed.]1
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
(l) "Minority" means and includes religious and linguistic minority as may be notified by
the State Government;
(m) "Minority educational institution" means the education institutions recognized or
notified as such by the State Government subject to such conditions as may be prescribed;
(n) "No n-resident Indian" means a candidate born to a parent of Indian origin and
residing outside the country and who has passed the qualifying equivalent examination outside
India 1[and includes persons of Indian origin and overseas citizen of India] 1
1. Inserted by Act 22 of 2017 w.e.f 20.04.2017
(o) "Other Backward Classes" means class or classes of citizens who are socially and
educationally backward as may be notified by the State Government;
(p) "Professional Educational Courses" means,-
(I) In Medical and Dental Institutions, the first year of,-
(i) Bachelor of Medicine and Bachelor of Surgery and
(ii) Bachelor of Dental Surgery
(II) In the Indian Systems of Medicine and Homoeopathy Institutions, the first year
of,-
(i) Bachelor of Ayurvedic Medicine and Surgery
(ii) Bachelor of Unani Medicine and Surgery
(iii) Bachelor of Naturopathy and Yoga and
(iv) Bachelor of Homoeopathic Medicine and Surgery
(III) In Engineering Institutions, the first year, first semester and in respect of
diploma holders, the second year, third semester (in the case of Architecture course first
year, first Semester) of both full-time and part-time courses in,-
(i) Bachelor of Engineering
(ii) Bachelor of Technology; and
(iii) Bachelor of Architecture
and includes any other professional educational courses at undergraduate and
postgraduate levels as well as super speciality courses as may be notified by the State
Government in this behalf;
(q) "Professional Educational Institution" means college or school or an institute
by whatever name called imparting professional education or conducting professional
educational courses leading to the award of a degree, diploma or a certificate by
whatever name called, approved or recognized by the competent statutory body and
1[affiliated to an university and includes private universities of the State]1
7
1. Substituted by Act 22 of 2017 w.e.f 20.04.2017
(r) "Qualifying examination" means the examination as may be prescribed;
1[(s) "Reserved seats" means the seats reserved in Gover nment colleges,
constituent colleges of Universities, private aided and unaided professional
educational institutions, 3 private universities in favour of persons belonging to
the Scheduled Castes, the Scheduled Tribes and Other Backward Classes or
Karnataka Students as may be notified by the State Government;"]
1
1. Substituted by Act 22 of 2017 w.e.f 20.04.2017
(t) "State Common Entrance Test Committee" means the Committee constituted
under section 3 which conducts the common entrance test and makes admissions to the
Government seats in professional colleges; and
(u) "Unaided institution" means any privately managed professional educational
institution, which is not receiving aid or grant-in-aid from the State Government.
(2) The words and express ions used but not defined shall have the same
meaning assigned to them as in the Karnataka Educational Institutions (Prohibition of
Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) and in any other law for the time
being in force.
3. State Common Ent rance Test Committee. - (1) There shall be a State Common
Entrance Test Committee consisting of,-
(b) Director of Medical Education : Member
(c) Director of Technical Education : Member
(d) Director of Indian Systems of Medicine
and Homoeopathy : Member
(e) Three persons to be nominated by the
1[State Government]1 from among the Principals
of aided or unaided colleges: : Members
(i) One from medical colleges
(ii) One from dental colleges
(iii) One from engineering colleges
(f) Special Officer, Common Entrance Test Cell : Member-Secretary
Provided that, in case all P rivate Unaided Professional Educational Institutions 3[and
Deemed University Institutions]3 agree and opt to fill all of their seats except the seats reserved
for non -resident Indian students through State Common Entrance Test Cell, then the State
Government may, by notification, re- constitute the Stat e Common Entrance Test Committee
consisting of such number of members, as it deems fit, including representatives from the
management of Private U naided Professional Educational institutions 3[and Deemed University
Institutions]3 imparting education in Medical, Dental, Engineering and other faculties.
(2) The Committee shall conduct a Common Entrance Test for admission of students to
the 4[all seats]4 in professional educational institutions. For the purpose of ensuring this the
1[(a)
The Principal Secretary to Government,
Department of Higher Education
- Chairperson
(a1) The Secretary to Government, Department of
Medical Education
- Co-Chairperson
(a2) Vice Chancellor of either Rajiv Gandhi University of
Health Sciences or Vishveshwaraiah Technological
University, nominated by the State Government.
- Member]1
8
State Government shall provide such number of officers and officials to the State Common
Entrance Test Committee as may be required.
3[Provided that in respect of any Professional Courses where Government of India or
any of its agency conducts Common Entrance Test then Centralized Counseling shall be
conducted by such agency as may be notified by the State Government for admission to all
Government seats or seats in private unaided Professional Educational Institutions and for
Professional Courses in deemed University on the basis of merit secured by the candidates in
the Common Entrance Test]3
(3) The Chairperson shall preside over the meeting and the committee shall adopt such
procedure as it deem fit.
(4) The Committee shall have such powers and shall discharge such functions and
conduct the examination in such manner as may be prescribed.
(5) Subject to the pleasure of the authority competent to nominate, the nominated
members of the Committee shall hold office for the period of two years from the date of their
nomination. In case of any vacancy arising earlier for any reason, such vacancy shall be filled in
the manner specified above for the remainder of the term. The non- official members shall be
eligible to draw such rate of sitting fee and Traveling Allowance as may be prescribed.
2[(5A) Any vacancy in the Constitution of the Committee shall not invalidate the
proceedings of the Committee.]2
(6) Admission to every 1[XXX]1 seat shall be made on the basis of merit secured in the
Common Entrance Test conducted by the State Common Entrance Test Committee
followed by centralised counseling subject to the reservation policy of the State.
3[Provided that where Government of India or any of its agency conducts
Common Entrance Test to any Course then the State Common Entr ance Test
Committee need not conduct Common Entrance Test but Centralized Counseling for all
admission to Professional Courses in Government or Private unaided and deemed
University Institutions shall be conducted by such agency and in such manner as may
be prescribed]3
1. Substituted by Act 39 of 2015 w.e.f 11.09.2015.
2. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
3. Inserted by Act 22 of 2017 w.e.f 20.04.2017.
4. Substituted by Act 22 of 2017 w.e.f. 20.04.2017.
5. Omitted by Act 22 of 2017 w.e.f.20.04.2017.
2[1[4. Method of Admission in Unaided Professional Educational Institutions. - All
seats in unaided professional educational institutions whether minority or non-minority imparting
professional education in any discipline shall make admission through Common Entrance Test
conducted by the State Common Entrance Test Committee:
Provided that in case Government of India or its agency conducts Common Entrance
Test for any Professional Course then for such Courses, Centralized Counseling for admission
shall be conducted by such agency and in such manner as may be prescribed.]1]2
1. Substituted by Act 39 of 2015 w.e.f. 11.09.2015.
2. Substituted by Act 22 of 2017 w.e.f. 20.04.2017.
1[4A. Method of admission in case of consensual agreement. - (1) Notwithstanding
anything contained in this Act, in case if the State Government and the association of unaided
professional educational institutions whether minority or non- minority agree to enter into a
consensual arrangement or agreement with regard to sharing of seats and fixat ion of fee in
9
respect of such seats in said unaided professional educational institutions, in such year, the
admission to such number of seats as agreed upon by the State Government and the private
professional educational institutions, shall be done by the common entrance test committee as
Government seats in accordance with such rules as may be prescribed by the Government
regarding selection of candidates for admission to Government seats in Professional
Educational institutions and reservation policy of the State including reservation under Article
371J. The remaining seats shall be filled through the Common Entrance Test conducted by the
association of private professional educational institutions or association of religious and
linguistic minority institutions on the basis of merit followed by centralised counselling, in a fair,
transparent and non-exploitative manner as per the consensual agreement subject to such rules
as may be prescribed. Subject to the consensual arrangement or agreement the State
Government may, by notification, publish the seat matrix to be filled by the State common
entrance test committee and the association of private unaided professional educational
institutions in the manner as specified below, namely:-
(A) Out of the total intak e of Under -graduate Medical or Dental seats, in an
unaided non-minority professional educational institutions:-
(i) not less than forty percent of the seats in case of Medical seats and
not less than thirty five percent of the seats in case of Dental seats
shall be filled up through Common Entrance Test conducted by State
Common Entrance Test Committee;
(ii) not more than forty percent of the seats in case of Medical seats and
not more than Forty five percent of the seats in case of Dental seats
shall be filled up by the merit list of Common Entrance Test conducted
by the Association of non- minority unaided Professional Educational
Institutions;
(iii) not more than twenty percent of the seats shall be filled up by Non-
Resident Indians/Management quota candidates;
(B) Out of the total intake of Post -graduate Medical/Dental seats, in an unaided
non-minority professional educational institutions, across the pre- clinical,
para-clinical and clinical disciplines which shall be done by rotation of
disciplines every year in the following manner, namely:-
(i) not less than thirty -three percent of the seats shall be filled up
through Common Entrance Test conducted by State Common
Entrance Test Committee;
(ii) not more than forty -two percent of the seats shall be filled up by
the merit list of Common Entrance Test conducted by the
Association of non- minority unaided Professional Educational
Institutions; and
(iii) not more than twenty-five percent of the seats shall be filled up by
Non-Resident Indians/Management quota candidates.
(C) Out of the total intake of Under-graduate Medical/Dental seats, in an unaided
minority educational institutions:-
(i) not less than twenty -five percent of the seats shall be filled up
through Common Entrance Test conducted by State Common
Entrance Test Committee;
(ii) not more than fifty-five percent of the seats shall be filled up by the
merit list of Common Entrance Test conducted by the Association
of minority unaided Professional Educational Institutions; and
(iii) not more than twenty percent of the seats shall be filled up by
Non-Resident Indians/Management quota candidates.
(D) Out of the total intake of Post -graduate Medical/Dental seats, in an unaided
minority educational institutions, across the pre- clinical, para -clinical and
clinical disciplines which shall be by rotation of disciplines every year:-
(i) not less than twenty percent of the seats shall be filled up through
Common Entrance Test conducted by State Common Entrance
Test Committee;
10
(ii) not more than 2[fifty five percent]2 of the seats shall be filled up by
the merit list of Common Entrance Test conducted by the
Association of minority unaided Professional Educational
Institutions; and
(iii) not more than 2[twenty five percent]2 of the seats shall be filled up
by Non-Resident Indians/Management quota candidates.
(E) Out of the total intake of under-graduate engineering in unaided non-minority
professional educational institutions,-
(i) not less than forty -five percent of the seats shall be filled up
through Common Entrance Test conducted by State Common
Entrance Test Committee;
(ii) not more than thirt y percent of the seats shall be filled up by the
merit list of Common Entrance Test conducted by the Association
of non-minority unaided Professional Educational Institutions; and
(iii) not more than twenty-five percent of the seats shall be filled up by
Non-Resident Indians/Management quota candidates.
(F) Out of the total intake of under -graduate engineering in unaided minority
professional educational institutions,-
(i) Not less than forty percent of the seats shall be filled up through Common
Entrance Test conducted by the State Government;
(ii) not more than thirty percent of the seats shall be filled up by the merit list of
Common Entrance Test conducted by the Association of minority unaided
Professional Educational Institutions; and
(iii) not more than thirty percent of the seats shall be filled up by Non- Resident
Indians/Management quota candidates.
Provided that, in case of minority unaided professional educational institutions while
filling institutional seats under clause (C), (D) and (F) not
less than sixty -six percent of the seats shall be filled by minority students within the State
belonging to minority to which the institution belong of the interse merit in the merit list of
common entrance test.
3[Provided further that, in case the Government of India or its agenc y conducts common
entrance test to any course of professional education the centralised counselling for allotment of
seats shall be conducted by such agency as may be prescribed.
Provided also that, not less than thirty percent of the institutional seats shall be filled by
Karnataka Students and if sufficient number of Karnataka students are not available such seats
may be filled by others.]3
(2) Notwithstanding anything contained in this Act, in case of the State Government
entering into consensual agreement under sub-section (2), the fee for admission to Government
seats and in private unaided professional educational institutional seats shall be at such rate
with such concessions or Scholarship by the Institutions as agreed upon by such institutions
and the Government in the Consensual Agreement.
Provided that the State Government and individual institution can also enter into
consensual agreement with mutually acceptable conditions.
Provided further that any consensual agreement that has entered into between the State
Government and the Association of private professional educational institutions and any
notification issued or any consequential action taken by the State Government for the Academic
Year 2015-16 before the commencement of the Karnataka Pr ofessional Educational Institutions
(Regulation of Admission and Determination of Fee) (Amendment) Act, 2015 shall be deemed
to be valid and effective as if they have been done or taken by the State Government in
accordance with this Act.
1. Inserted by Act 39 of 2015 w.e.f. 11.09.2015.
2. Substituted by Act 22 of 2017 w.e.f.06.04.2017.
3. Substituted by Act 22 of 2017 w.e.f.06.04.2017.
11
1[4B. Method of Admission in Deemed University Institutions. - (1) In case Deemed
University institution fails to follow UGC Regu lations in making admission to Professional
Education Courses, the Deemed University institutions shall constitute an association for
conduct of Common Entrance Test for admission to their seats and such Deemed University
Institutions shall make admission through Common Entrance Test for their Professional
Educational Courses:
Provided that when there is no association of Deemed University Institutions, the
deemed university institutions may opt to fill up other than Government seats, if any, through
Common Entrance Test Committee or through association of un-aided Professional Educational
Institutions. In case deemed university institution is a minority institution, it may opt to join the
association of minority educational institutions or it may opt t o fill up seats through Common
Entrance Test Committee.
(2) The deemed university non- minority or minority Institutions, as the case may be,
which do not follow UGC guidelines shall fill up such number of seats in their institution through
Common Entrance Test Committee and Common Entrance Test conducted by association as
may be notified by the State Government.
2[Provided that, in case Government of India or its agency conducts Common Entrance
Test for any of the Professional Educational Courses then for such Professional Educational
Courses, the Deemed Universities shall make admission on the ranking secured in that Test but
the Centralized Counselling shall be conducted by such agency and in such manner as may be
prescribed for admission in such Deemed University Institutions]2
(3) If Deemed University Institutions follow the UGC Regulations but agrees to
consensual agreement with the State Government subject to such consensual agreement the
seat sharing formula shall be not less than 25 percent of the t otal intake both in Undergraduate
and Post-graduate Medical Course to be filled up through Common Entrance Test Committee
conducted by the State Government at such rate of fee with such concession and scholarship
by such Institutions as may be agreed upon in the Consensual Agreement and not more than
25 percent of the total intake to be filled up
by Non-Resident Indians/Management Quota by following merit by the institutions concerned.
The remaining 50% shall be the Institutional seats to be filled up through Entrance Examination
conducted by the Deemed University Institutions (as currently followed).
]1
2[Provided further that, in case the Government of India or its agency conducts common
entrance test to any course of professional education the centralised counselling for allotment of
seats shall be conducted by such agency as may be prescribed on the basis of merit drawn
from common entrance test. In case deemed universities fail to constitute association of
deemed Universities counselling shall be done b y such agency and in such manner as may be
prescribed]2
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
2. Inserted by Act 22 of 2017 w.e.f 20.04.2017.
5. Admission Overseeing Committee. - (1) There shall be a Admission Overseeing
Committee consisting of,-
(a) a retired Judge of High Court of Karnataka
nominated by the Chief Justice of the
High Court of Karnataka - Chairperson
(b) Vice-Chancellor of either the Rajiv Gandhi
University of Health Sciences or the Vishveshwaraiah
Technological University, as the case may be
depending on the course of study - Member
(c) a person of repute in the concerned field of education
nominated by the Chairperson - Member
(d) a person nominated by the Chairperson who
12
shall be a Doctor or Engineer of eminence
as the case may be
(depending on the course of study) - Member
(e) the Secretary to Government in charge of
Medical or Higher Education as the case may be
(depending on the course of study) - Member Secretary
(2) No person who is associated with any private aided or unaided professional
educational institution shall be eligible for being a member of the Admission Overseeing
Committee.
(3) Subject to the pleasure of the authority competent to nominate, t he term of the office
of the nominated members shall be for the period of two years from the date of their nomination
and in the case of vacancy arising earlier, for any reason, such vacancy shall be filled in the
same manner specified above for the remainder of the term. The non -official members shall be
eligible to draw such rate of sitting fee and Traveling Allowance as may be prescribed.
(4) No act or proceeding of the Admission Overseeing Committee shall be deemed to be
invalid by the reason merely of any vacancy in, or any defect in the constitution of the
committee.
(5) A member of the Admission Overseeing Committee shall cease to be so, if he
performs any act which in the opinion of the State Government is unbecoming of a member of
the committee:
Provided that no such member shall be removed from the committee without giving him
an opportunity of being heard.
(6) The Chairman shall preside over the meeting of the Admission Overseeing
Committee and the Committee may adopt its own procedure as it deems fit.
(7) The Admission Overseeing Committee 2[shall enforce the standards and procedures
as may be prescribed by State Government ]2 to be followed by the Association of unaided
Private Professional Educational Institutions 1[non-minority or minority as the case may be ]1
while conducting the common entrance test and shall oversee and supervise the common
entrance test. The Admission Overseeing Committee shall also supervise and oversee the
centralised counseling and the admissions made by the Asso ciation of unaided Private
Professional Educational Institutions
1[non-minority or minority as the case may be ]1 in order to
ensure that it is conducted in a fair, transparent and non-exploitative manner. For the purpose of
ensuring this the State Government shall provide such number of officers and officials to the
Admission Overseeing Committee as may be required.
(8) The Admission Overseeing Committee may also hear complaints with regard to
admission in contravention of the procedure laid down by the Admission Overseeing
Committee. If the Admission Overseeing Committee after obtaining the evidence and
explanation from the management concerned comes to the conclusion that there have been
contraventions of the procedure prescribed for admission or lapse s on the part of the unaided
colleges, it shall make appropriate recommendation to the State Government and the State
Government may direct the concerned university to levy and collect a fine of up to Rs.10 lakhs
in case of each contravention or any other course of action as it may deems fit. It shall be lawful
for the university to levy such fine. The Admission Overseeing Committee may also declare
admissions to be de-hors merit and therefore invalid and in such case the concerned university
shall not permit such candidates to appear for the examination. The university shall not approve
all or any of the admissions made to such institutions in contravention of the provisions of this
Act.
(9) The Admission Overseeing Committee shall have the power to regulate its own
procedure in all matters arising out of the discharge of its functions, and shall, for the purpose of
13
making any inquiry under this Act, have all the powers of a civil Court under the Code of Civil
Procedure, 1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any witness and examining him on oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) the issuing of any commission for the examination of witness.
(10) The Admission Overseeing Committee may, if it is satisfied that any institution has
violated any of the provisions of this Act, recommend to the appropriate university or statutory
body for withdrawal of the a ffiliation or recognition of such institution or for any other course of
action as it deems fit.
(11) The Admission Overseeing Committee or any officer authorised by it shall have
power to inspect at any stage of the process of admission conducted by the Association of
unaided Private Professional Educational Institutions. 1[non-minority or minority as the case
may be]1 Whenever on such inspection, the Admission Overseeing Committee arrives at the
opinion that the admission process conducted by the Asso ciation of unaided Private
Professional Educational Institutions 1[non-minority or minority as the case may be ]1 is unfair,
non-transparent and exploitative or contravening of the procedure specified by the Admission
Overseeing Committee, it may after givi ng an opportunity of hearing declare such process as
unfair or non-transparent or exploitative and therefore invalid.
1[Provided that Government, on receiving complaints or on investigation by any other
agency, if it is of the opinion that association of private professional educational Institutions or
any individual Institution is making admissions in violation of triple test of fairness Transparency
and non-exploitation and it appears prima facie to be true, may by notification, declare that the
procedure followed by association of private Educational Institutions or such individual
institution is unfair, non -transparent or exploitative and therefore invalid and may direct that all
seats of such association or individual institution shall be filled thr ough Common Entrance Test
Committee in a transparent manner, under close supervision having representatives of the
association of the private professional educational institutions, private universities, or deemed
universities, as the case may be:
Provided further that no such declaration shall be made without giving prior notice to such
association or institution.]1
(12) On such declaration under sub -section (11), the admission process for private
unaided institutions shall be conducted by the State Common Entrance Test Committee for the
same applicants. The expenditure incurred by the State Common Entrance Test Committee in
this regard shall be recovered from the Association during the allotment of seats through
counseling or as an arrears of land revenue.
1. Inserted by Act 39 of 2015 w.e.f 11.09.2015.
2. Substituted by Act 22 of 2017 w.e.f 20.04.2017.
6. Fee Regulatory Committee. - (1) There shall be a Committee called the Fee
Regulatory Committee for determination of the fee for admission to the professional educational
courses in private unaided institutions consisting of,-
(a) a retired Judge of High Court of Karnataka
nominated by the Chief Justice of the
High Court of Karnataka - Chairperson
(b) a representative of either the Medical Council
of India or the All India Council for Technical
Education, as the case may be depending on the
course of study - Member
14
(c) a person of repute nominated
by the Chairperson - Member
(d) a Chartered Accountant of repute
nominated by the Chairperson - Member
(e) the Secretaries to Government in charge of
Medical or Higher Education, as the case may be
depending on the course of study - Member Secretary
(2) The Fee Regulatory Committee shall have power to,-
(i) require each professional educational institution to place before the Committee the
proposed fee structure of such institution with all relevant documents and books of accounts for
scrutiny well in advance of the commencement of the academic year i.e., not later than 31 st
December of the previous academic year;
(ii) verify whether the fee proposed by each institution is justified and it does not amount
to profiteering or charging of capitation fee;
(iii) approve the fee structure or determine some other fee which can be charged by the
institution.
(3) The Fee Regulatory Committee shall have the power to regulate its own procedure in
all matters arising out of the discharge of its functions, and shall, for the purpose of maki ng any
inquiry under this Act, have all the powers of a Civil Court under the Code of Civil Procedure,
1908 while trying a suit, in respect of the following matters, namely:-
(a) summoning and enforcing the attendance of any witness and examining him on
oath;
(b) the discovery and production of any document;
(c) the reception of evidence on affidavits;
(d) theExcerpt shown. Open the full act in Lexace.