The KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2011

KARNATAKA ACT No. 23 OF 2011 
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS 
(REGULATION OF ADMISSION AND FIXATION OF FEE) 
(SPECIAL PROVISIONS) ACT, 2011 
Arrangement of Sections 
Statement of Objects and Reasons: 
Sections: 
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. Validation of admissions and collection of fee 
 
STATEMENT OF OBJECTS AND REASONS 
Act 23 of 2011.-   A Bill to provide for recognition of the consensual agreement entered into between the 
State Government and the Private Unaided Educational Institutions imparti ng 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 inte rest of the students of Karnataka domicile and students 
belonging to educationally and socially backward cla sses, for the academic year 2008-09, 2009-10, and 2010-11 
have entered into such consensual arrangement or agr eement and has proposed to enter in to consensual 
arrangement or agreement for the year 2011-12 with the Private Unaided Professional Educational Institutions and 
felt necessary that the Karnatak a Professional Educational Institutions (Regulation of Admission and 
Determination of Fee) Act, 2006 be kept in abeyance for the academic years 2008-09, 2009-10, 2010-11 and 
2011-12. 
Hence, the Bill. 
[L.C. Bill No. 03 of 2011, File No.Samvyashae 8 Shasana 2011] 
  [Entry 25 of List III of the Sevent h schedule to the constitution of India.] 
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KARNATAKA ACT No. 23 OF 2011 
(First published in the Karnataka Gazette Extra-ordinary on the Sixth day of April, 2011) 
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS 
(REGULATION OF ADMISSION AND FIXATION OF FEE) 
(SPECIAL PROVISIONS) ACT, 2011 
(Received the assent of the Governor on the Second day of April, 2011) 
  An Act to provide for recognition of the cons ensual arrangement or agreement entered into between the 
State Government and the Private Unai ded Educational Institutions imparti ng 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 in terest of the students of Karnataka domicile and students 
belonging to educationally and socially backward classe s, have entered into a consensual arrangement or 
agreement with the Private Unaided Professional Educational Institutions  for the years 2008-09, 2009-10, 2010-11 
and has proposed to enter into a consensual arrangement or agreement for the year  2011-2012 and felt that the 
Karnataka Professional Educational Institutions (Regulation of Admissi on and Determination of Fee) Act, 2006 
(Karnataka Act 8 of 2006) be kept in abeyance fo r the academic years 2008-09, 2009-10, 2010-11 and 2011-12 
and for the purposes hereinafter appearing; 
  Be it enacted by the Karnataka St ate Legislature in the sixty second y ear of the Republic of India, as 
follows:- 
 1. Short title, commen cement and application.- (1) This Act may be called the Karnataka Professional 
Educational Institutions (Regulation of Admission and Fixation of Fee) (Special Provisions) Act, 2011.  
 (2) It shall be deemed to have come into force with effect from 1 st day of June, 2008.  
 (3) Notwithstanding anything contained in the Karnataka Professional Educat ional 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 years 2008-09, 2009-10, 2010-11 and 2011-12  
shall be governed by the provisions of this Act.  
 2. Definitions.- In this Act, unless the context otherwise requires,- 
 (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 Commi ttee constituted by the State Government under 
section 3;  
 (f) "Professional Educational Courses" means,- 
  (I) In Medical and Dental Institutions,- 
    (a) Bachelor of Medicine and Bachelor of Surgery; and  
    (b) Bachelor of Dental Surgery.  
  (II) In Engineering Institutions,  
    (a) Bachelor of Engineering;  
    (b) Bachelor of Technology;  
    (c) Bachelor of Architecture; and 
  (III) 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.  
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 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 admissi on to 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 St ate Government may, in accordance with the consensual 
arrangement or 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.  
 5. Regulation of admission and seat matrix.- (1) For effective implement ation of the consensual 
arrangement or agreement, seats in a Private Unaided Profe ssional Educational Institution shall be filled in the 
following manner, namely:- 
 (I) (i) Out of the total intake of  seats for the academic year 2008-09,- 
 (a) in non-minority institution offering Engineering course s not less than, fifty five percent of total seats;  
 (b) in minority institution offering Engineering course s not less than forty five percent of total seats;  
 (c) in non-minority institution offering Medical cour ses 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;  
  (ii) Out of the total intake of  seats for the academic year 2009-10,- 
 (a) in non-minority institution offering Engineering cour ses not less than, fifty percent of total seats;  
 (b) in minority institution offering Engineering course s not less than forty five percent of total seats;  
 (c) in non-minority institution offering Medical course s not less than forty two percent of total seats;  
 (d) in minority institution offering Medical courses not less than twenty seven 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 course s not less than twenty five percent of total seats; 
 (iii) Out of the total intake of  seats for the academic year 2010-11,- 
 (a) in non-minority institution offering Engineering cour ses not less than, fifty  percent of total seats;  
 (b) in minority institution offering Engineering courses not less than forty percent of total seats;  
 (c) in non-minority institution offering Medical course s not less than forty two percent of total seats;  
 (d) in minority institution offering Medical courses not less than twenty seven 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 course s 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; 
 (iv) for the year 2011-12 such number of seats as may be agreed to by the Government under the 
consensual arrangement or agreement; 
shall be filled through the Common Entrance Test Cell in a ccordance 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 Institut ions or the association of religious and linguistic minority 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 arrangement 
or agreement.  
 (2) Subject to reservation policy of the State Go vernment and the consensual arrangement or 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 
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Educational Institutions for the academic years 2008-09, 2009-10,2010-11 and 2011-12 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 inconsis tent 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 s oon 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 maki ng 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. Validation of admissions and collection of fee.- Notwithstanding anything contained in any judgment, 
decree or order of any Court, Tribunal or other authority to the contrary, all admissions made or purporting to have 
been made or the fee collected with effect from the 1 st day of June, 2008 in accordance with the consensual 
arrangement or agreement or the provisions  of this Act by the Professional E ducational Institutions or the State 
Government shall be and shall be deemed to be valid and effe ctive as if such admissi on or collection of fee had 
been done or made under the provisions of this Act,- 
 (a) all acts, proceedings or things done or taken by the Professional Educational Institutions or by the State 
Government in connection with the admissions and colle ction of fee be deemed to be, and to have always been 
done or taken in accordance with law; 
 (b) no suit or other proceedings shall be maintained or continued in any Court or Tribunal or authority for the 
refund of any such fee; 
 (c) no Court shall enforce any decree or or der directing the refund of any such fee. 
  
  The above translation of the PÀ£ÁðlPÀ ªÀÈwÛ ²PÀët ¸ÀA¸ÉÜUÀ¼À (¥ÀçªÉ ñÀ ¤AiÀÄAvÀçt ªÀÄvÀÄÛ ±ÀÄ®Ì ¤UÀ¢) 
(«±ÉõÀ G¥À§AzsÀUÀ¼ÀÄ) C¢s¤AiÀĪÀÄ, 2011 (2011gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASÉå: 23) be published in the 
Official Gazette under clause (3) of Article 348 of the Constitution of India.      
 
H.R. BHARDWAJ 
GOVERNOR OF KARNATAKA 
 
By order and in the name of the Governor of Karnataka, 
 
G.K. BOREGOWDA 
Secretary to Government 
Department of Parliamentary Affairs and Legislation 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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