The KARNATAKA PROHIBITION OF ADMISSION OF STUDENTS TO THE UNRECOGNISED AND UN-AFFILIATED EDUCATIONAL INSTITUTIONS ACT, 1992

THE KARNATAKA PROHIBITION OF ADMISSION OF STUDENTS TO 
THE UN-RECOGNISED AND UN-AFFILIATED EDUCATIONAL 
INSTITUTIONS ACT, 1992 
ARRANGEMENT OF SECTIONS 
Statement of Object and Reasons 
Sections: 
 1. Short title and commencement. 
 2. Definitions. 
 3. Prohibition of admission of students to un-recognised and un-affiliated 
educational  institutions. 
 4. Prohibition of admission of students in excess of intake. 
 5. Power to issue directions. 
 6. Penalties. 
 7. Offence by companies. 
 8. Cognizance of offences. 
 9. Act to override other laws. 
10. Protection  of act done in good faith. 
11. Power to make rules. 
12. Power to remove difficulties. 
13. Repeal and savings. 
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STATEMENT OF OBJECTS AND REASONS 
  Act 7 of 1993.- It is considered necessary to prohibit admission of students to 
the un-recognised and un-affiliated educational institutions in order to effectively curb 
this practice in public interest by legislation and provide for matters relating thereto; 
  Power is also taken by the State Government to issue direction in certain cases, 
to conduct examination for the students who have not been allowed to appear for the 
examination during the academic year 1991-92, in the interest of such students. 
  The Karnataka Prohibition of admission of students to the Un-recognised and 
Un-affiliated Educational Institution Ordinance, 1992 was promulgated for the above 
purpose.  This Bill seeks to replace the aid Ordinance. 
  Hence the Bill. 
  (Obtained from L.A. Bill No. 22 of 1992). 
 
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KARNATAKA ACT NO. 7 OF 1993 
(First Published in the Karnataka Gazette Extraordinary on the Tenth day of February, 1993) 
THE KARNATAKA PROHIBITION OF ADMISSION OF STUDENTS TO THE UN-
RECOGNISED AND UN-AFFILIATED EDUCATIONAL INSTITUTIONS ACT, 1992 
(Received the assent of the Governor on the Tenth day of February 1993) 
 An Act to provide for prohibition of admission of students to the un-recognised and 
un-affiliated educational Institutions in the State of Karnataka and matters relating 
thereto. 
 W HEREAS the practice of admitting students to un-recognised and un-affiliated 
Educational Institutions is widespread in the State; 
 A ND whereas this undesirable practice besides contributing to large scale 
commercialisation of education has not been conducive to the maintenance of 
educational standards; 
 A ND whereas it is considered necessary to effectively curb this evil practice in 
public interest by providing for prohibition of admission of students to the un-
recognised and unaffiliated Educational Institutions and matters relating thereto; 
 A ND whereas it is expedient to provide for prohibition of admission of students to 
un-recognised and un-affiliated Educational Institutions and matters relating thereto;  
 B E it enacted by the Karnataka State Legislature in the Forty-third Year of the 
Republic of India as follows:- 
 1. Short title and commencement.-  (1)  This Act may be called the Karnataka 
Prohibition of Admission of Students to the Un-recognised and Un-affiliated 
Educational Institutions Act, 1992. 
 (2) It shall be deemed to have come into force on the Twenty-eighth day of May 
1992. 
 2. Definitions.-   In this Act unless the context otherwise requires,- 
 (a) 'commerce education' means education in Shorthand and Typewriting, Book-
keeping and Accountancy, Commerce, Office Practice and Procedure, Salesmanship 
and Marketing, Banking Practice, Insurance Practice and such other subjects as may 
be notified by the State Government; 
 (b) 'Commerce Institution' means any institution imparting commerce education 
and presenting students for examinations conducted by the Karnataka State 
Secondary Education Examination Board; 
 (c) 'Competent Authority' means any person, officer or authority authorised by the 
State Government, by notification, to perform the functions and discharge the duties 
of the competent authority under all or any of the provisions of this Act for such area 
or for such  purposes or for such classes of institutions as may be specified in the 
notification; 
 (d) 'Educational Institution' means any institution by whatever name called other 
than Commerce Institution, whether managed by Government, Private body, Local 
Authority, Society, Trust, University or any other person carrying on the activity of 
imparting education in General Education, Professional Education, Medical 
Education, Technical Education, leading to a degree conferred or Diploma granted by 
a University established under the Karnataka State Universities Act, 1976 (Karnataka 
Act 28 of 1976) or grant of Diploma or Certificate by any Authority and any other 
Educational Institution, or class or classes of such Institution, as the State 
Government may by notification specify; 
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 (e) 'general education' means every branch of education other than religious, 
professional, medical, technical or special education; 
 (f) 'medical education' includes education in modern scientific medicine, in all its 
branches, including education in Pharmacy and Dental Education, Ayurvedic System 
of Medicine, Indigenous Medicine, Naturopathy, Siddha or Homeopathy; 
 (g) 'special education' means education for the handicapped, education in music, 
dance, drama, fine arts, physical education including sports and games and such 
other types of education as the State Government may by notification, in that behalf 
specify; 
 (h) 'society' includes a society registered under the Karnataka Societies 
Registration Act, 1960 (Karnataka Act No.17 of 1960), or the Karnataka Co-operative 
Societies Act, 1959 (Karnataka Act 11 of 1959) or a trust registered under the 
Bombay Public Trust Act, 1950 or any association of individuals whether registered 
or not. 
 (i) 'Technical Education' means any course of study in Engineering, Technology, 
Architecture, Ceramics, Industrial Training, Mining or in any other subject, as the 
State Government may, by notification, specify. 
 3. Prohibition of admission of students to un-recognised and un-affiliated 
educational institutions.- No student shall be admitted to an educational institution, 
unless such educational institution has been,- 
 (i) granted permission or has been recognised by the State Government or by 
the University or by a Board or any aut hority by whatever name called which is 
competent to grant such permission or recognition as the case may be, in 
accordance with the provisions of any law for the time being in force or rules made 
thereunder or any order issued by the State Government in this behalf. 
 (ii) affiliated to any University established under the Karnataka State Universities 
Act, 1976 (Karnataka Act 28 of 1976); and 
 (iii) granted affiliation to a course of study. 
 4. Prohibition of admission of students in excess of intake.- (1) 1[No]1 
Educational Institution shall admit students in excess of intake fixed by the University 
or the State Government, Board or any other authority in respect of such institution or 
course of study and any admission made in excess of such intake shall be invalid. 
 (2) No student admitted in contravention of this section or section 3 shall be 
eligible to appear for any examination conducted by the State Government or the 
University or a Board or any authority. 
 Explanation.-  For the purpose of this section educational institution means, any 
institution or college conducting courses leading to a Degree or Diploma or 
Certificate in Education or Physical Education, Engineering, Medical, Pharmacy and 
Dental Education and such other institution as the State Government may, by 
notification, specify. 
 1. Inserted by Corrigendum published as No. 558 in Karnataka Gazette (Extraordinary)dt. 26.7.1993 
 5. Power to issue directions.-  Notwithstanding anything contained in this Act or 
in any law for the time being in force, where students have been admitted to a new 
college or to a new course of study in an existing college, to which affiliation has not 
been granted or where students have been admitted in excess of the intake prior to 
the commencement of this Act and where such students have not been allowed to 
appear for the examination held during the academic year 1991-92, the State 
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Government may, if it considers necessary so to do, issue direction to the Karnataka 
State Secondary Education Examination Board, the Pre-University Education Board, 
or any other authority which conducted such examination for the said academic year 
or to the University established under the Karnataka State Universities Act, 1976 
(Karnataka Act 28 of 1976) subject to the provisions of section 57 of the Karnataka 
State Universities Act, 1976 (Karnataka Act 28 of 1976) and subject to such 
conditions as may be specified in such direction, to conduct the examination for such 
students within four months from the date of commencement of this Act and to permit 
them to appear for such examination and it shall be the duty of such Board or 
authority or the University to comply with such directions. 
 6. Penalties.-   Whoever contravenes the provisions of this Act or the rules or 
order made or issued thereunder or any other  rules or order made or issued by the 
State Government in respect of admission or intake of students and matters 
connected therewith shall, on conviction, be punishable with imprisonment for a term 
which shall not be less than one year but which shall not exceed three years and with 
fine which may extend to three thousand rupees and when the offence is a 
continuing one with a daily fine not exceeding two hundred and fifty rupees during the 
period of the continuance of the offence. 
 7. Offence by companies.-   (1)  Where an offence against any of the provisions 
of this Act, or any rule made thereunder has been committed by a company, every 
person who at the time the offence was committed, was incharge of and was 
responsible to the company for the conduct of business of the company as well as 
the company shall be deemed to be guilty of the offence and shall be liable to be 
proceeded against and punished accordingly: 
 Provided that nothing contained in this sub-section shall render any such person 
liable to any punishment, if he proves that the offence was committed without his 
knowledge or that he has exercised all due deligence to prevent the commission of 
such offence. 
 (2)  Notwithstanding anything in sub-section (1) where any such offence has been 
committed by a company and it is proved that the offence has been committed with 
the consent or connivance of or is attributable to any neglect on the part of the 
company such director, manager, secretary or other officer shall be deemed to be 
guilty of the offence and shall be liable to be proceeded against and punished 
accordingly. 
 Explanation.- For the purpose of this section,- 
 (a) 'Company' means any body corporate and includes a trust, a firm, a society or 
other association of individuals, and 
 (b) 'Director' in relation to,- 
  (i) a firm means partner in the firm; 
  (ii) a society, a trust or other association of individuals means the person 
who is entrusted under the rules of the society, trust or other association with 
management of the affairs of the society, trust or other association as the case may 
be. 
 8. Cognizance of offences.- No court shall take cognizance of any offence 
punishable under the Act save on the complaint made by the competent authority or 
such officer authorised in this behalf by the competent authority. 
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 9. Act to override other laws.- The provisions of this Act shall have effect 
notwithstanding anything inconsistent therewith contained in any other law for the 
time being inforce. 
 10. Protection of act done in good faith.-  No suit, prosecution or other legal 
proceeding shall be instituted against the Government or any officer, authority or 
person empowered to exercise the powers or perform the functions by or under this 
Act for anything which is in good faith done or intended to be done under this Act or 
under the rules, notifications, or orders made thereunder. 
 11. Power to make rules.-  (1)  The Government may, by notification, make rules 
for carrying out all or any of the purposes of this Act. 
 (2) Every notification issued and every ru le made under this Act shall immediately 
after it is issued or made be laid before each House of the State Legislature if it is in 
session and if it is not in session in the session immediately following for a total 
period of thirty days which may be comprised in one session or two or more 
successive sessions and if before the expiration of the sessions in which it is so laid 
or the session immediately following both Houses agree in making any modification 
in the notification or rule or in the annulment of the notification or rule the notification 
or rule shall from the date on which the modification or annulment is notified, have 
effect only in such modified form or shall stand annulled 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 notification or rule. 
 12. Power to remove difficulties.-  If any difficulty arises  in giving effect to the 
provisions of this Act, the Government may by order not inconsistent with the 
provisions of this Act remove the difficulties: 
 Provided that no such order shall be made after the expiry of a period of two years 
from the date of commencement of this Act. 
 13. Repeal and savings.- (1) The Karnataka Prohibition of Admission of Students 
to the Un-recognised and Un-affiliated Education Institutions (No.2) Ordinance, 1992 
(Karnataka Ordinance 11 of 1992) is hereby repealed. 
 (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 the  ‘йÑþ©‘Ð ÀЦѹÐô³Ù »Ð®Ù¦ÐÔ·Ð ÀÐÔ³ÐÔê ÊÐ ¦ÙÖÓ£³ÐÀÑ—Ãö·Ð Ç‘Ðù± 
ÊЁÊÙë–ÐÏ–Ù Á·Ñô¶þ–ÐÎÐ »ÐõÀÙÓÆÐ ºÈÙÓ·°Ð ƒ¸°º ¦ÐÔÀÐÔ, 1992 as passed by both Houses of 
Legislature in the English Language was published in the Official Gazette 
Extraordinary Part IV-2B dated 13.05.1993 as No.316 under the Authority of the 
Governor of Karnataka under Clause (3) of Article 348 of the Constitution of India.) 
 
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