The KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2012

KARNATAKA ACT NO. 23 OF 2012 
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF 
ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2012 
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 
 
STATEMENT OF OBJECTS AND REASONS 
  Act 23 of 2012.-  A Bill to provide for recognition of the consensual agreement proposed to 
be 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 so cially backward classes, for the academic 
year 2008-09, 2009-10, and 2010-11 have entered into such consensual arrangement or 
agreement and has proposed to enter into consensual arrangement or agreement for the year 
2012-13 with the Private Unaided Professional Educational Institutions and felt necessary that the 
Karnataka Professional Educational Institutions (Regulation of Admission and Determination of 
Fee) Act, 2006 be kept in abeyance for the academic year 2012-13 in respect of admission and 
fixation of fee in a unaided private professional educational institutions. 
  Hence, the Bill. 
  [L.A. Bill No.18 of 2012, File No. Samvyashae 31 Shasana 2012] 
  [Entry 25 of List III of the Seventh Schedule to the Constitution of India.] 
--- 
 
 
 
 
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KARNATAKA ACT NO. 23 OF 2012 
(First published in the Karnataka Gazette Extra-ordinary on the third day of May, 2012) 
THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF 
ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2012 
(Received the assent of the Governor on the twenty-eighth day of April, 2012) 
  An Act to provide for recognition of the consensual arrangement or agreement proposed to 
be 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 arrangement or agreement with the Private Unaided Professional Educational 
Institutions for the years 2006-2007, 2007-2008 2008-09, 2009-10, 2010-11 and 2011-12 and has 
proposed to enter into a consensual arrangement or agreement for the year 2012-2013 and felt 
that the Karnataka Professional Educational Institutions (Regulation of Admission and 
Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006) be kept in abeyance for admission and 
fixation of fee in private unaided professional educational institutions for the academic year 2012-
13 and for the purposes hereinafter appearing;  
  Be it enacted by the Karnataka State Legislature in the sixty third 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, 2012.  
 (2) It shall come into force at once. 
 (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 2012-13 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 called the Karnataka Examination 
Authority 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;  
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 (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,-  
  (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. 
 (III) Post Graduate Degree and Diploma courses in Medical and Dental Sciences; and  
 (IV) 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 R egulatory Committee shall oversee the admission to 
professional courses and the implementation of the consensual arrangement or agreement done 
in accordance to the provisions of this Act.  
 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 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 implementation of the 
consensual arrangement or agreement, seats in a Private Unaided Professional Educational 
Institution shall be filled in the following manner, namely:-  
 (i) for the year 2012-13 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 accordance with the Karnataka Selection 
of Candidates for Admission to Government seats in Professional Educational Institutions Rules, 
2006 as amended from time to time. 
 (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 institutions, as the case may be followed by centralized counseling, in a fair and 
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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 Government 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 t he consensual arrangement or agreement by any Private 
Unaided Professional Educational Institutions  for the academic years 2012-13 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. 
  The above translation of the PÀ£ÁðlPÀ ªÀÈwÛ ²PÀët ¸ÀA¸ÉÜUÀ¼À (¥ÀæªÉñ À ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ±ÀÄ®Ì ¤UÀ¢) («±ÉõÀ 
G¥À§AzsÀUÀ¼ÀÄ) C¢s¤AiÀĪÀÄ, 2012 (2012gÀ 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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