The KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2007

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THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS
(REGULATION OF ADMISSION AND FIXATION OF FEE)
(SPECIAL PROVISIONS) ACT, 2007
ARRANGEMENT OF SECTIONS

Statement of Objects and Reasons
Sections :
CHAPTER I

1. Short title, commencement and application
2. Definitions
3. Constitution of One Man Regulatory Committee
4. Fixation of fee
5. Regulation of admission and seat matrix
6. Invalidation of admissions made in violation of this Act
7. Power to remove difficulties
8. Power to make rules
9. Repeal and Savings

2
STATEMENT OF OBJECTS AND REASONS
I
Act 28 of 2007.- A Bill to provide for recognition of the consensual
agreement entered into between the State Government and the Private
Unaided Educational Institutions imparting Professional Educational
Courses and for other matters, as provided in the judgment of the Supreme
Court of India in P.A. Inamdar and others Vs. State of Maharashtra reported
in 2005(6) SCC 537.

Whereas the State Government, to protect the interest of the
students of Karnataka domicile and students belonging to educationally and
socially backward classes, have entered into such consensual agreement
with the Private Unaided Professional Educational Institutions and felt that
the Karnataka Professional Educational Institutions (Regulation of
Admission and Determination of Fee) Act, 2006 be kept in abeyance for the
academic year 2007-08.

Hence the Bill.
(L.A.Bill No. 32 of 2007]

[Entry 25 of List III of the Seventh Schedule to the Constitution of India.]

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KARNATAKA ACT NO.28 OF 2007
(First Published in the Karnataka Gazette Extra-ordinary on the Thirtieth
day of
August 2007)
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS
(REGULATION OF ADMISSION AND FIXATION OF FEE)
(SPECIAL PROVISIONS) ACT, 2007
(Received the assent of the Governor on the twenty eighth day of August,
2007)
An Act to provide for recognition of the consensual agreement
entered into between the State Government and the Private Unaided
Educational Institutions imparting Professional Educational Courses and for
other matters, as provided in the judgment of the Supreme Court of India in
P.A. Inamdar and others Vs. State of Maharashtra reported in 2005(6) SCC
537.
Whereas the State Government, to protect the interest of the
students of Karnataka domicile and students belonging to educationally and
socially backward classes, have entered into a consensual agreement with
the Private Unaided Professional Educational Institutions during the year
2007-08 and felt that the Karnataka Professional Educational Institutions
(Regulation of Admission and Determination of Fee) Act, 2006 be kept in
abeyance for the academic year 2007-08 and for the purposes hereinafter
appearing;
Be it enacted by the Karnataka State Legislature in the fifty-eighth
year of the Republic of India, as follows:-
1. Short title, commencement and application.- (1) This Act may
be called the Karnataka Professional Educational Institutions (Regulation of
Admission and Fixation of Fee) (Special Provisions) Act, 2007.
(2) It shall be deemed to have come into force with effect from 22nd
day of June, 2007.
(3) Notwithstanding anything contained in the Karnataka
Professional Educational Institutions (Regulation of Admission and
Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006), admissions and
fixation of fee in an un-aided private Professional Educational Institution for
the academic year 2007-08 shall be governed by the provisions of this Act.
2. Definitions.- In this Act unless the context otherwise requires,-

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(a) "Common Entrance Test" means the entrance test conducted for
determination of merit of the candidates followed by centralized
counseling for the purpose of admission to professional
educational courses through a single window procedure;
(b) “Common Entrance Test Cell” means the agency of the State
Government which conducts the common entrance test;
(c) "Consensual arrangement or agreement" means any agreement
that may be entered into between the State Government and
association of unaided Private Professional Educational
Institutions relating to admission and fixation of fee in
professional courses;
(d) "Institution" means Professional Educational Institutions offering
Professional Educational courses;
(e) "One Man Regulatory Committee" means the Committee
constituted by the State Government under section 3;
(f) "Professional Educational Courses" means,-
(I) In Medical and Dental Institutions,
(i) Bachelor of Medicine and Bachelor of Surgery; and
(ii) Bachelor of Dental Surgery.
(II) In Engineering Institutions,
(i) Bachelor of Engineering;
(ii) Bachelor of Technology;
(iii) Bachelor of Architecture;
(III) Indian System of Medicine and Homeopathy; and
such other courses as may be notified by the State Government.
(g) "Unaided institution" means any privately managed professional
educational institution, which is not receiving aid or grant-in-aid
from the State Government.
3. Constitution of One Man Regulatory Committee.- There shall
be a One-Man Regulatory Committee appointed by the State Government,
who shall be a former Vice-Chancellor of any University in the State. The
said One-Man Regulatory Committee shall oversee the admission to
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professional courses and the implementation of the consensual
arrangement or agreement.
4. Fixation of fee. - Notwithstanding the fee fixed in respect of
Professional Educational Institutions which are in force on the date of
commencement of this Act, the State Government may, in accordance with
the consensual agreement, by notification, fix the fee payable for admission
to the Unaided Private Professional Educational Institutions. Different rates
of fees may be fixed for different categories of students and different
categories of institutions.
5. Regulation of admission and seat matrix. - (1) For effective
implementation of the consensual arrangement or agreement, seats in a
Private Unaided Professional Educational Institution shall be filled in the
following manner, namely:-
(I) Out of the total intake of seats,-
(a) in non-minority institution offering Engineering courses not less
than, fifty five percent of total seats;
(b) in minority institution offering Engineering courses not less than
forty five percent of total seats;
(c) in non-minority institution offering Medical courses not less than
forty percent of total seats;
(d) in minority institution offering Medical courses not less than
twenty five percent of total seats;
(e) in non-minority institution offering Dental courses not less than
thirty five percent of total seats;
(f) in minority institution offering Dental courses not less than twenty
five percent of total seats;
(g) in minority and non-minority institutions offering Indian system of
medicine and Homeopathy not less than twenty percent of total
seats;
shall be filled through the Common Entrance Test Cell in accordance with
the Karnataka Selection of Candidates for Admission to Government seats
in Professional Educational Institutions Rules, 2006.
(II) The remaining seats shall be filled through the Common
Entrance Test conducted by the association of Private Professional
Educational Institutions or the association of religious and linguistic minority

6
institutions, as the case may be followed by centralized counseling, in a fair
and transparent manner on the basis of merit determined subject to such
rules as may be prescribed except otherwise specified in the consensual
agreement.
(2) Subject to reservation policy of the State Government and the
consensual agreement, the State Government may, by notification, publish
the seat matrix to be filled by the Common Entrance Test Cell and the
management, by different categories of students in respect of different
categories of institutions.
6. Invalidation of admissions made in violation of this Act.- All
admissions made in violation of the provisions of this Act or the consensual
arrangement or agreement by any Private Unaided Professional
Educational Institutions for the academic year 2007-08 whether made
before or after commencement of this Act shall be invalid. In case of such
violation the State Government may direct the concerned university to
cancel such admissions or affiliation of such institution as the case may be.
7. Power to remove difficulties. - If any difficulty arises in giving
effect to the provisions of this Act, the State Government may, by order
published in the official Gazette, make provisions not inconsistent with the
provisions of this Act as appear it to be necessary or expedient for removing
the difficulty.
8. Power to make rules.- (1) The State Government may, by
notification, in the official Gazette, make rules prospectively or
retrospectively for carrying out the purposes of this Act.
(2) Every rule made under this Act shall be laid as soon as may be
after it is made before each House of the State Legislature while it is in
session 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 expiry of
the session immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of no effect, 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.
9. Repeal and Savings.- (1) The Karnataka Professional
Educational Institutions (Regulation of Admission and Fixation of Fee)
(Special Provisions) Ordinance, 2007 (Karnataka Ordinance 1 of 2007) is
hereby repealed.

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(2) Notwithstanding such repeal anything done or any action taken
under the said ordinance shall be deemed to have been done or taken
under this Act.
The above translation of PÀ£ÁðlPÀ ªÀÈwÛ ²PÀët ¸ÀA¸ÉÜUÀ¼À (¥ÀæªÉÃ±À ¤AiÀÄAvÀæt
ªÀÄvÀÄÛ ±ÀÄ®Ì ¤UÀ¢)(«±ÉÃµÀ G¥À§AzsÀUÀ¼ÀÄ) C¢ü¤AiÀÄªÀÄ, 2007 (2007gÀ PÀ£ÁðlPÀ C¢ü¤AiÀÄªÀÄ
¸ÀASÉå:28) be published in the Official Gazette under clause (3) of Article 348
of the Constitution of India.
RAMESHWAR THAKUR
Governor of Karnataka
By Order and in the name of the President of
India

G. K. BOREGOWDA
Secretary to Government,
Department of Parliamentary Affairs and
Legislation.

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