The KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2014

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KARNATAKA ACT NO. 29 OF 2014

THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2014

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

Amending Act 29 of 2014. - 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 socially backward classes, for the academic year 2006-
07, 2007-08, 2008-09, 2009-10, 2010 -11, 2011-12, 2012-13, 2013-14 and 2014- 15 have entered
into such consensual arrangement or agreement 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 2014- 15
in respect of admission and fixation of fee in a unaided private professional educational institutions.
Hence, the Bill.

[L.A. Bill No. 46 of 2014, File No. Samvyashae 20 Shasana 2014]
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]
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KARNATAKA ACT NO. 29 OF 2014
(First Published in the Karnataka Gazette Extra-ordinary on the
Twenty Eighth day of August, 2014)

THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF
ADMISSION AND FIXATION OF FEE) (SPECIAL PROVISIONS) ACT, 2014
(Received the assent of the Governor on the Twenty fifth day of August, 2014)

An Act to provide for recognition of the consensual arrangement or 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 it is expedient, to protect the interest of the students of Karnataka and students
belonging to educationally and socially backwar d classes, State Government 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, 2011 -12, 2012- 13, 2013- 14 and
2014-15 and consi der 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 2014-15 and for other purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty fifth 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, 2014.
(2) It shall come into force at once.
(3) Notwithstanding anything contained in the Karnataka Prof essional 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
2014-15 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;
(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; and
(iii) Post graduate degree or diploma courses in medical and dental sciences; and
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(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 Regulatory Committee shall monitor the effective
implementation of the admissions to professional educational courses and the implementation of the
consensual arrangement or agreement done in accordance with the provisions of this Act.

4. Fixation of fee .- Notwithstanding the fee fixed in respect of Professional Educational
Courses which are in force on the date of commencement of this Act, the State Gover nment may, in
accordance with the consensual arrangement or agreement, by notification, fix the fee payable for
admission to the Unaided Private Professional Educational Courses. 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 2014 -15 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 G overnment 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 t he association of
religious and linguistic minority institutions, as the case may be followed by centralized
counseling, in a fair and transparent and non exploitative 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 thi s Act or the consensual arrangement or agreement by any Private
Unaided Professional Educational Institutions for the academic years 2014- 15 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
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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 PÀ£ÁðlPÀ ªÀÈwÛ ²PÀët ¸ÀA¸ÉÜUÀ¼À (¥ÀæªÉÃ±À ¤AiÀÄAvÀæt ªÀÄvÀÄÛ ±ÀÄ®Ì ¤UÀ¢) («±ÉÃµÀ
G¥À§AzsÀUÀ¼ÀÄ) C¢s¤AiÀÄªÀÄ, 2014 (2014gÀ PÀ£ÁðlPÀ C¢s¤AiÀÄªÀÄ ¸ÀASÉå: 29) be published in the Official Gazette
under clause (3) of Article 348 of the Constitution of India.

VAJUBHAI VALA
GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka

B.B. Pattar
Secretary to Government (I/C),
Department of Parliamentary Affairs

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