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The KARNATAKA STATE HIGHER EDUCATION COUNCIL ACT, 2010

Karnataka · state statute
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KARNATAKA ACT 26 OF 2010 
THE KARNATAKA STATE HIGHER EDUCATION COUNCIL ACT, 2010 
 
Arrangement of Sections 
Statement of Objects and Reasons: 
Sections: 
CHAPTER - I 
PRELIMINARY 
1. Short title and commencement 
2. Definitions 
CHAPTER - II 
CONSTITUTION, POWERS AND FUNCTIONS OF THE COUNCIL 
3. Constitution of the Council 
4. Disqualifications 
5. Powers and functions of the Council 
6. The Chairman 
7. The Vice-Chairman 
8. The Executive Director 
9. Term of the Council 
10. Meetings of the Council 
11. Terms and conditions of the Vice-Chairman, the Executive 
Director and members 
12. Removal from Membership of the Council 
13. Filling up of casual vacancy 
CHAPTER - III 
THE EXECUTIVE COMMITTEE 
14. The Executive Committee 
15. Powers and functions of the Executive Committee 
 2
16. Meetings 
CHAPTER - IV 
DIRECTIONS BY THE GOVERNMENT  
17. Directions by the Government 
CHAPTER - V 
FUNDS OF THE COUNCIL 
18. Funds of the Council 
19. Annual Accounts and Audit 
20. Annual Report 
CHAPTER - VI 
MISCELLANEOUS 
21. Protection of acts done in good faith 
22. Staff of the Council 
23. Members and Staff of the Council to be public servants 
24. Power to make regulations 
25. Power to make rules 
26. Power to remove difficulties 
27. Amendment of Karnataka Act 29 of 2001 
 
STATEMENT OF OBJECTS AND REASONS 
 
  Act 26 of 2010. - The National Education Policy, 1986 and the Task 
Force on Higher Education set up by the State Government in 2002 under 
the Chairmanship of Dr .M.R.Srinivasan, recommended that the State -level 
planning and  co -ordination of Higher Education including University 
Education shall be done through an independent, autonomous Council for 
Higher Education.  In order to bring out better excellence, inclus iveness and 
accessibility in the higher education sector, the Task Force has also 
recommended the abolition of the existing Inter University Board constituted 
under the Karnataka State Universities Act, 2000 and in its place suggested 
to constitute the State Council for Higher Education. 
 3
 
 2.  The Government considers it expedient to establish a State Council 
for Higher Education as a collective of the Government, Universities, 
academics and experts with a view to forge a synergic relationship among 
them by occupying an operational space between the Government and the 
Universities on one hand and between the Universities and apex level 
regulatory bodies on the other.  Government further considers that by 
establishing the Council it would create an enabling e nvironment for- 
 
(a) Promoting academic excellence and social justice by obtaining 
academic input for policy formulation and perspective planning;  
(b) ensuring autonomy and better accountability of all institutions of 
higher education in the State; and 
(c) guiding the growth of higher education in accordance with the socio -
economic requirements of the State.  
3.  Accordingly, it is proposed to establish the Karnataka State Council for 
Higher Education as an autonomous authority.  
Hence the Bill. 
[L.A.Bill No.28 of 2010, File No.Samvyashae 20 Shasana 2010]  
[Entry 25 of List III of the Seventh Schedule to the Constitution of India.]  
II 
Amending Act 42 of 2017. -It is considered necessary to amend the 
Karnataka State Higher Education Council Act, 2010 to, - 
 
(i) remove overla pping of certain provisions thereof relating to the 
meetings of  the Council and Executive Committee; and  
 
(ii) expunge ambiguity in some provisions pertaining to appointment of 
the Vice -Chairman and Executive Director and their salaries and 
allowances. 
 
Hence the Bill. 
 
[L.A. Bill No.27 of 2017, File No. Samvyashae 02 Shasana 2017]  
[entry 25 of List III of the Seventh Schedule to the Constitution of India.]  
- - - - 
 
 4
KARNATAKA ACT 26 OF 2010 
(First published in the Karnataka Gazette Extraordinary on the  Twenty sixth day of July, 
2010) 
THE KARNATAKA STATE HIGHER EDUCATION COUNCIL ACT, 2010 
(Received the assent of the Governor on the Twenty third day of July, 2010) 
(As amended by Karnataka Act 42 of 2017) 
   An Act to provide for the constitution of the  Kar nataka  State Higher Education 
Council. 
  Whereas the National Education Policy, 1986 and the Task Force on Higher 
Education set up by the State Government in 2002 recommended that State level 
planning and co -ordination of higher education shall be done th rough Council for Higher 
Education; 
  Whereas it is expedient to establish a State Higher Education Council as a 
collective of the Government, Universities, academics and experts in order to forge a 
synergic relationship among them by occupying an operatio nal space in between the 
Government and Universities and between Universities and apex level regulatory bodies, 
with the objects of (i) promoting academic excellence and social justice by the 
Government in policy formulation and perspective planning, (ii) ensuring the autonomy, 
accountability and co -ordination among all institutions of higher education in the State, 
and (iii) guiding the harmonious growth of  higher education in accordance with the socio -
economic requirements of the State; 
  BE it enacted b y the Karnataka State Legislature in the Sixty first year of the 
Republic of India, as follows:- 
CHAPTER - I 
PRELIMINARY 
 1. Short title and commencement. – (1) This Act may be called the Karnataka State 
Higher Education Council Act, 2010. 
  (2) It shall come into force on such date as the State Government, may by notification, 
appoint. 
(This Act has come into force w.e.f.9.8.2010 by Notification No.ED 179 URC 2010, 
Dated:09.08.2010.) 
 2. Definitions. -In this Act, unless the context otherwise requires,- 
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 (a) “Chairman” means the Chairman of the Council; 
 (b) “College” means any College or any institution maintained or approved by, or 
affiliated to, any University and providing courses of study for admission to the 
examination of the University and includes autonomous college;   
 (c) "Council" means the Karnataka State Higher Education Council constituted under  
Section 3; 
 (d) “Executive Committee” means the Executive Committee of the Council; 
 (e) “Executive Director” means Executive Director and the Member -Secretary of the 
Council 
 (f) "Government" means the Government of Karnataka; 
 (g) “Higher education” means an education, whether professional, technical or 
otherwise, and includes research studies leading to the award of a degree or 
diploma or certificate by a University or an institution approved by the University; 
 (h) "Institution" means an academic institution of higher education and research, not 
being a college, associated with and admitted to privileges of a University or 
maintained by a University; 
 (i) “Medical Council of India” means the Council constituted under the Indian Medical 
Council Act, 1956 (Central Act 102 of 1956); 
 (j) “Member” means a member of the Governing Council or the Executive Committee, 
as the case may be;  
 (k) "Prescribed" means prescribed by rules made under this Act; 
 (l) “Regulations” means the regulations made by the Governing Council under this 
Act; 
 (m) "State" means the State of Karnataka; 
 (n) "Statutes", "Ordinances" and "Regulations" of a University mean respectivel y, the 
Statutes, the Ordinances and the Regulations issued under the respective Acts of a 
University; 
 (o) “Teacher” means any regular teacher working in a University, Government College 
or Government aided or Unaided College or institution whose appointme nt has 
been made or approved by or on behalf of the Government or a University; 
 (p) "University" means any University in the State established by an Act of the State 
Legislature; 
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 (q) "University Grants Commission" means the Commission established under t he 
University Grants Commission Act, 1956 (Central Act 3 of 1956); 
 (r) “Vice-Chairman” means the Vice-Chairman of the Council. 
CHAPTER - II 
CONSTITUTION, POWERS AND FUNCTIONS OF THE COUNCIL 
 3. Constitution of the Council. - (1) The Government shall consti tute the Council to 
be called the Karnataka State Higher Education Council, which shall consist of the 
following, namely:- 
 (i) The Minister in charge of the Higher Education        Chairman 
 (ii) An eminent educationist who is or has been the 
Vice-Chancellor of the university or member of any 
apex body of Higher education nominated by the 
Government                                         
Vice-Chairman 
 
 (iii) the Executive Director Member-Secretary 
 (iv)  Vice-Chancellors of the State Universities  Members 
 (v)  A nominee of the University Grants Commission not 
below the rank of Joint Secretary 
Ex-officio member 
 (vi)  Ten academicians of repute from different Academic 
disciplines, of whom two shall be a woman and two 
belonging to the Scheduled Castes  or Scheduled 
Tribes, nominated by the Government. 
Members 
 (vii)  The Principal Secretary to Government, Finance 
Department 
Ex-officio Member 
(viii)  The Principal Secretary to Government, Higher 
Education Department 
Ex-officio Member 
 (ix)  The Princ ipal Secretary to Government, Medical 
Education  
 Ex-officio member 
 (x) The Principal Secretary to Government, Primary and 
Secondary Education  
 Ex-officio member 
 (xi) The Principal Secretary to Government,  Agriculture  Ex-officio member 
 (xii) The Principal Secretary to Government, Horticulture  Ex-officio member 
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(xiii) The Principal Secretary to Government, Animal 
Husbandry & Veterinary Sciences 
Ex-officio member 
(xiv) The Secretary to Government, Law and Justice Ex-officio member 
 (xv) The Pri ncipal Secretary to Government, Social 
Welfare  
 Ex-officio member 
(xvi) The Commissioner of Collegiate Education Ex-officio member 
(xvii) The Director of Technical Education  Ex-officio member 
(xviii) The Director of Medical Education  Ex-officio member 
(xix) The Commissioner for Pre-University Board. Ex-officio member 
 
 (2) The Council shall be a body corporate by the name aforesaid, having perpetual 
succession and a common seal and shall by the said name sue and be sued. 
 (3) The headquarters of the Council shall be at Bangalore. 
 4. Disqualifications.- (1) No person shall be qualified for nomination or to continue 
as a member of the Council, if on the date of such nomination he is,- 
(a) of unsound mind or a deaf, mute; or 
(b) adjudicated as an un-discharged insolvent; 
(c) sentenced by a criminal court to imprisonment for any offence involving moral 
turpitude; 
(d) directly or indirectly by himself or his partner has any share or interest in any work 
done by order of, or in any contract entered into on behalf of the Council; 
(e) a person who has been terminated from any Government or university service for 
guilty of misconduct or negligence.  
 (2) In case of dispute or doubt as to whether a person is disqualified under sub -section 
(1), the decision of the Government shall be final. 
 (3) Save as otherwise provided in this Act, no person who is not a graduate of any 
University established by law shall be eligible for nomination as a member of the Council 
under this Act. 
 (4) Notwithstanding anything contained in this Act but save as otherwise provided, any 
employee of the University, both teaching and non -teaching or ministerial or any person in 
the management of an affiliated college in whatever capacity shall not be eligible for 
nomination as member of the Council under this Act. 
 8
 5. Powers and functions of the Council. - The powers and functions of the Council 
shall be as follows, namely:- 
 A. General Functions:- 
 (i) It shall render advice to the Government, Universities and other institutions of 
higher education in the State; 
 (ii) It shall co -ordinate the roles of the Government, Universities and apex regulatory 
agencies in higher education within the State; 
 (iii) It shall evolve new concepts, programmes and perspective plans for development 
of higher education suo mot o or on the suggestion by the Government or requests 
from Universities or other institutions in the State; 
 (iv) It shall monitor the progress of implementation of the Developmental Programmes 
of Universities and colleges taken up in the State with the ass istance of National 
Regulatory Agencies. 
 (v) It shall promote co -operation and co -ordination of the educational institutions 
among themselves and explore the scope for inter action with industry and other 
related establishment;  
 (vi) It shall prepare an annual report making self -appraisal and showing details of its 
performance; 
 (vii) It shall suggest measures for the academic and financial accountability of the 
Universities and other Institutions of higher education in the State; 
 (viii) It shall prepare the annual budget and the audited statement of expenditure in such 
manner as may be prescribed. 
 (B) Academic Functions:- 
   (i)  It shall encourage and promote innovations in curricular development, restructuring 
of courses and updating of syllabi in the University and the colleges;  
  (ii)  It shall co -ordinate the programmes of autonomous colleges and monitor their 
implementation;  
 (iii) It shall devise steps to improve the standards of examinations conducted by 
Universities and suggest necessary reforms;  
  (iv) It shall  facilitate training of teachers in Universities and colleges;  
  (v) It shall promote and monitor publication of quality text book, monographs and 
reference books; 
 9
  (vi) It shall develop programmes for greater academic co -operation a nd interaction 
between University and College teachers and to facilitate mobility of students and 
teachers within and outside the State;  
  (vii) It shall advice on regulation of admission in Universities, colleges and institutions of 
higher education; 
  (viii) It shall encourage sports, games, physical education and cultural activities in the 
Universities and colleges;  
 (ix) It shall review periodically, the existing guidelines and furnish recommendations for 
regulating admissions to various courses and for appointments to the posts of 
teachers and teacher -administrators in Universities, colleges and other institutions 
of higher education; 
 (x) It shall prepare an overview report on the working of the Universities and colleges 
in the State and furnish a c opy thereof to the Government and such other 
authorities as the Government may specify; 
 (xi) It shall perform such other functions for the realization of the twin objectives of 
equality and excellence in higher education; 
 (C) Advisory Functions:- 
   (1) It shall advice the Government,- 
 (i) regarding the norms, if any relating to the establishment of new Universities and 
colleges besides additional subjects and departments in the existing Universities 
and colleges; 
 (ii) regarding the Statutes, Ordinances and Regulations of Universities in the State and 
to suggest modification wherever required to maintain uniformity in the 
administration without prejudice to the autonomy for the academic pursuits; 
 (iii) on any University, college or institution of higher  education or any other matter 
relating to higher education and research which  may be referred to the Council; 
 (iv) in determining the block maintenance grants and to lay down the basis for such 
grants; 
 (2) It shall perform any other functions necessary  for the furtherance of higher 
Education in the State. 
 10
 (D)  Powers of the Council.- 
 (i) It shall prepare a perspective plan for implementation of the policies, evolve various 
programmes and determine the priorities of such programmes for implementation; 
  (ii) It shall propose general guidelines for the release of grants by the Government to 
Universities and other institutions of higher education and advise the Government 
about the release of such grants to each University and other institutions of higher  
education; 
 (iii) It shall give such directions as may be necessary for effective functioning of the 
Executive Committee in accordance with its  objectives; 
 (iv) It shall frame regulations in accordance with this Act and the rules made there 
under; 
 (v) It shall have such other powers as may be prescribed for the effective 
implementation of the programmes for the furtherance of the objectives of this Act. 
 6. The Chairman. - (1) The Chairman shall have the right to call for report on any 
matter pertaining to the affairs of the Council and offer suggestions for the improvement of 
the functioning of the Council. 
 (2) The Chairman shall preside over the meetings of the Council 1[XXX]1. 
  1. Omitted by Act 42 of 2017 w.e.f. 05.09.2017. 
 7. The Vice-Chairman.-   1[(1) The Vice -Chairman shall preside over the meeting of 
the Executive 
Committee. The Vice -Chairman in absence of the Chairman shall also  preside over the 
meetings of the Council with permission of the Chairman.]1 
 (2) The Vice -Chairman shall exercise su ch other powers and perform such other 
functions as may be prescribed. 
       1[(3) The Vice -Chairman or any other member other than an  ex-officio member or any 
other person subject to sections 3 and 4 is  deemed fit for the post shall be appointed by 
the Government ordinarily for a term of five years or until he attains the age of seventy  
years whichever is earlier and he shall not be eligible for  reappointment for a second 
term.]1  
  Provided that a person who has not attained the age of seventy years sha ll be 
eligible to be appointed as the Vice-Chairman. 
1. Substituted by Act 42 of 2017 w.e.f. 05.09.2017. 
 11
 8. The Executive Director.- (1) A senior administrative officer, serving or retired, not 
below the rank of a Principal Secretary to the State Government,  having aptitude and 
experience in the field of education or who is or has been a Vice -Chancellor or a 
Professor with not less than ten years of experience shall be appointed by the 
Government as the Executive Director of the Council. 
       1[(2) The Exe cutive Director shall be appointed by the  Government ordinarily for a 
term of five years or until he attains the  age of sixty five years whichever is earlier and he 
shall not be eligible for reappointment for a second term.]1 
  Provided that a person who h as not attained the age of sixty -five years shall be 
eligible to be appointed as the Executive Director. 
 (3) The Executive Director shall be the Executive officer and responsible for the co -
ordination of the functions of the Council. 
 (4) The Executive Director shall exercise such  powers and perform such  functions as 
may be prescribed. 
1. Substituted by Act 42 of 2017 w.e.f. 05.09.2017. 
 9. Term of the Council. - The term of the Council shall be for a period of five years.  
The Government shall re-constitute the Council once in every five years: 
  Provided that in the event of delay in the constitution of the new Council, the 
existing Council may continue for a period of six months from the date of  expiry of the 
term or till the reconstitution of new council whichever is earlier. 
 10. Meetings of the Council. - (1) The Council shall meet as often as may be 
necessary, at such time and place and observe such rules of procedure as may be 
provided in the regulations, but it shall meet at least twice a year.  
 (2) It shall have power to act, notwithstanding any vacancy in the membership or any 
defect in the constitution thereof, and the proceedings of the Council shall be valid 
notwithstanding that some person, who was not entitled to be a member, had attended, or 
otherwise had taken part in the proceedings of the Council. 
 (3) The meeting of the Council  shall be convened by the Executive Director on the 
advice of the Chairman. 
 (4) The quorum of the meeting of the Council shall be one third of the total members of 
the Council. The decisions of the meeting may be taken by simple majority of those 
present and voting. 
 12
 11. Terms and conditions of the Vice -Chairman, the Executive Director and 
members.-   (1) The Vice -Chairman, Executive Director or any Member, may in wri ting 
under his signature, addressed to the Chairman, resign his membership to the Council: 
  Provided that he shall continue to hold such office until his resignation is accepted 
and communicated in writing. 
 (2) The salaries, allowances and other perquisi tes payable to the Vice Chairman shall 
be the same as that of a Vice Chancellor of a University. 
     1[(3) The salaries and allowances payable to the Executive  Director shall be the same 
as that of a Principal Secretary to the  Government, if he is a reti red officer, and his pay 
shall be reduced by  an amount equivalent to that of his pension and DCRG. If a serving  
officer is appointed, he is entitle to draw his own pay and allowances  admissible to his 
substantive post.]1 
      (4) Subject to the pleasure o f the Government, a non -official member shall hold the 
office for a term of five years or till the expiry of the term of the body represented by him 
whichever is earlier. 
 (5) The non-official member shall be eligible for such rate of travelling allowance,  daily 
allowance  and sitting fee as may be prescribed. 
 (6) Subject to the provisions of this section, the other terms and conditions of service 
of the Vice -Chairman, Executive Director and Members shall be such as may be 
prescribed. 
1. Substituted by Act 42 of 2017 w.e.f. 05.09.2017. 
 12. Removal from Membership of the Council. - (1) If, at any time, it appears to the 
Government that a member appointed or nominated has proved himself to be unfit to hold 
office or has been guilty of misconduct or neglect which  in the opinion of the Government 
renders his removal from the membership of the Council, as expedient, the Government 
may, after giving such member, a reasonable opportunity of showing cause as to why he 
shall not be removed from the Council and after exa mining the same decide whether to 
continue or remove such member, as the case may be, from his membership and in case 
of such removal from the membership of the Council it shall be made by notification. 
 (2) The Vice -Chairman or the Executive Director shal l not be removed except by an 
order of the State Government passed on the ground of willful omission or refusal to carry 
out the provisions of this Act or Rules or Regulations made there under or for abuse of the 
powers vested in him after consideration of  the report of an inquiry ordered by the State 
Government in this behalf. 
 13
 13. Filling up of casual vacancy. - If a casual vacancy arises in the office of a 
nominated or appointed Member, either by reason of his death, resignation, removal or 
otherwise, suc h vacancy shall be filled up by the Government by nomination or 
appointment as the case may be and such Member shall hold office only for the 
remainder of the term of the Member in whose place he was nominated or appointed. 
CHAPTER - III 
THE EXECUTIVE COMMITTEE 
 14. The Executive Committee. - There shall be an Executive Committee for the Council 
which shall consist of the following members, namely:- 
  (i) the Vice-Chairman of the council;                                            -   1[Head of the 
Executive Committee]1 
 (ii) the Executive Director;                                     - Member-Secretary 
 (iii) two Vice-Chancellors, nominated by rotation by the   
  Council for a period of one year                                  - Members 
 (iv) four of the ten academicians of repute 
       who are the members of the Council nominated  
       by it by rotation for a period of twenty months        -     Members 
 (v) the Principal Secretary to Government,  
       Higher Education Department,                                - Ex-officio member 
 (vi) the Principal Secretary to the Government,  
        Medical Education Department,                                -  Ex-officio member 
1. Substituted by Act 42 of 2017 w.e.f. 05.09.2017. 
 15. Powers and functions of the Exe cutive Committee.- The Executive Committee 
shall have the following powers and perform the following functions, namely:- 
 (i) It shall be competent  to take decisions on behalf of the Council, subject to the 
concurrence of the Council in all matters with policy implications: 
  Provided that in urgent circumstances the Executive Committee may take  a 
decision subject to ratification by the Council; 
 (ii) It shall incur such expenses as are necessary to fulfill the objectives set out in this 
Act and carry out all decisions taken by the Council; 
 (iii) It shall present before the Council the annual academic and financial audit reports 
of the Council for its approval; 
 14
 (iv) It shall have such other powers, functions and duties as may be prescribed. 
 16. Meetings.- (1) The meetings of the Executive Committee shall be convened by the 
Executive Director on the advice of the 1[Vice –Chairman]1. 
 (2)It shall meet, as often as may be necessary, at such time and place and observe such 
rules of procedure as may be provi ded in the regulations provided that it shall meet at 
least once in three months. 
 (3) The quorum for the meetings of the Executive Committee shall be one third of the 
filled up membership in each body and decisions may be taken in the meetings by simple 
majority of those present and voting.  
1. Substituted by Act 42 of 2017 w.e.f. 05.09.2017. 
 
CHAPTER - IV 
DIRECTIONS BY THE GOVERNMENT  
 17. Directions by the Government. - On the recommendation of the Council, or suo -
moto the Government may, direct any unive rsity with such modification as may be 
necessary to implement the reforms in such manner as may be specified therein. 
Notwithstanding anything contained in any law for the time being in force, it shall be 
obligatory on the part of the university to impleme nt the directions given by the 
Government and to report the action taken to the Government and the council 
accordingly.   The council shall review from time to time the compliance by the 
universities, of the direction given by the Government. 
CHAPTER - V 
FUNDS OF THE COUNCIL 
 18. Funds of the Council. - (1) The funds of the Council shall include all sums which 
may, from time to time, be paid to it by the Government and all other receipts including 
any sum from the Central Government, the University Grants Co mmission or any other 
authority, institutions or person. 
 (2)The Government may pay to the Council every financial year such sums as may be 
considered necessary for the functioning of the Council and for the discharge of its 
responsibilities and duties. 
 (3) All expenditure incurred by the Council under or for the purposes of this Act shall 
be defrayed from out of the Fund and any surplus remaining, after such expenditure has 
been met, shall be invested in such manner as may be prescribed. 
 15
 19. Annual Accounts and Audit.- (1) The accounts of the Council shall be maintained 
in such manner and in such form as may be prescribed. 
 (2) The Council shall prepare an annual statement of accounts in such form and in 
such manner as may be prescribed. 
 (3) The accounts of the Council shall be audited once in a year by such auditor as the 
Government may appoint in this behalf. 
 (4) The Executive Director to the Council shall cause the annual audit report to be 
printed and forward a printed copy thereof to each member an d shall place such report 
before the Governing Council for consideration at its next meeting. 
 (5) The Council shall take appropriate action forthwith to remedy any defect or 
irregularity that may be pointed out in the audit report. 
 (6) The accounts of the Council as certified by the auditor together with the audit report 
along with the remarks of the Council thereon shall be forwarded to the Government 
within such time as may be prescribed. 
 (7) The Government shall, as soon as may be after the receipt of  the annual accounts 
together with the audit report under sub-section (6), cause the same to be laid before both 
the Houses of Legislature. 
 20. Annual Report. - (1) The Council shall prepare for every year a report of its 
activities under this Act during that year and submit the report to the Government. 
 (2) The Government shall, as soon as may be after the receipt of a report under sub -
section (1), cause the same to be laid before both the Houses of Legislature. 
CHAPTER - VI 
MISCELLANEOUS 
 21. Protection of acts done in good faith. - No suit, prosecution or other legal 
proceeding shall lie against the Council or any member or officer or employee of the 
Council for anything which is done or intended to be done in good faith in pursuance of 
the provisions of this Act or any rules or regulations made there under. 
 22. Staff of the Council .- The Council shall, with prior approval of the Government 
appoint such officers and staff, as it deems necessary for the discharge of its functions 
under this Act. The terms and conditions of service of the officers and staff of the Council 
shall be such as may be specified in the regulations to be framed by the Council. 
 23. Members and Staff of the Council to be public servants. - The Chairman, Vice-
Chairman, Members, Officer s and Staff of the Council shall be deemed, when acting or 
 16
purporting to act in pursuance of any of the provisions of this Act or any rule or regulation 
or order or direction made or issued under this Act shall be deemed to be public servants 
within the meaning of section 21 of the Indian Penal Code (Central Act 45 of 1860). 
 24. Power to make regulations .- The Council may, with prior approval of the 
Government, make regulations not inconsistent with the provisions of this Act and rules 
made thereunder for carrying out all or any of the purposes of this Act. 
 25. 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 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 c ase may be, so however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously 
done under that rule. 
 26. Power to remove difficulties. - (1) If any difficulty arises in giving effect to the 
provisions of t his Act, the Government may, by order, as occasion may require, do 
anything not inconsistent with the provisions of this Act which appears to them to be 
necessary or expedient for the purpose of removing the difficulty. 
 (2) Every order issued under sub -section (1) shall, as soon as may be after it is made 
be laid before both the Houses of Legislature. 
 27. Amendment of Karnataka Act 29 of 2001. -  In the Karnataka State Universities 
Act, 2000 (Karnataka Act 29 of 2001), section 72 shall be omitted. 
  The ab ove translation of  PÀ£ÁðlPÀ gÁdå G£ÀßvÀ ²PÀët ¥ÀjµÀvÀÄÛ C¢s¤AiÀĪÀÄ, 
2010 (2010gÀ PÀ£ÁðlPÀ C¢s¤AiÀĪÀÄ ¸ÀASÉå: 26)  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, 
 17
 
G.K. BOREGOWDA 
Secretary to Government 
Department of Parliamentary Affairs and Legislation 
 
****** 
 
KARNATAKA ACT NO. 42 OF 2017 
(First Published in the Karnataka Gazette Extra-ordinary on the fifth day of September, 
2017) 
THE KARNATAKA STATE HIGHER EDUCATION COUNCIL  
(AMENDMENT) ACT, 2017 
(Received the assent of the Governor on the first day of September, 2017) 
 
An Act to amend the Karnataka State Higher Education Council  
Act, 2010. 
Whereas it is expedi ent to amend the Karnataka State Higher  
Education Council Act, 2010 (Karnataka Act 26 of 2010) for the 
purposes hereinafter appearing; 
Be it enacted by the Karnataka State Legislature in sixty -eighth 
year of the Republic of India as follows: 
 
1. Short title and commencement.- (1) This Act may be called 
the Karnataka State Higher Education Council (Amendment) Act, 
2017. 
           (2) It shall come into force at once. 
 
Sections 6,7,8,11,14 and 16 is Incorporated in the Principal Act.  
 
 
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