Amendment status not verified — confirm the current text below against the official source.
Repeal and savings. SCHEDULE I SCHEDULE II ***** STATEMENT OF OBJECTS AND REASONS I Act 1 of 1995.- It is considered necessary to provide for the planned development of educational institutions, inculcation of healthy educational practice, maintenance and improvement in the standards of education and better organisation discipline and control over educational institutions in the State with a view to fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education. Hence the Bill. (Published in Karnataka Gazette Part IV-2A, dated 7.7.1983 at page 291.) II Amending Act 8 of 1998.- When the Karnataka Education Bill, 1983 was pending for assent of the President of India, the Government of India sought clarifications from the State Government on certain matters. By way of response, the State Government proposed certain amendments to the said Bill and simultaneously a draft of the Karnataka Education (Amendment) Ordinance was also sent to Government of India. The Government of India, while conveying the assent of the President to 7 the said Bill also, conveyed previous instructions of the President to the Ordinance. The Karnataka Education Bill which has received the assent of the President was published as an Act on 20th January, 1995 and all the provisions of the Act were brought into force with effect from the 1st day of June, 1995. As the Amendment Ordinance could not be promulgated it is proposed to introduce a Bill incorporating all the amendments contained in the Ordinance, which are as below:- (1) Amendment of Section 1 to include in sub-section (3) certain education institutions affiliated to Council on India School Certificate Examination so as to exclude them from the application of the Act; (2) Public interest is defined by amendment of section 2; (3) Section 67 is being amended to restrict the period of taking over of management initially to one year with a power to extend it for a further period of one year; (4) A new section 67A is proposed for relinquishment of management of educational institutions; (5) Amendment of section 74 is consequential. Hence the Bill. (Obtained from L.A. Bill No. 15 of 1996.) III Amending Act 13 of 2003.- It is considered necessary to prepare upto date Codal Volumes of the Karnataka Acts and to repeal all the spent Acts and amendment Acts from time to time. The Government constituted One-man Committee for the above purpose. The Committee has reviewed the Karnataka Acts for the period from 1.1.1956 to 31.12.2000 and has proposed the "Repealing and Amending Bill, 2002" which seeks to repeal the following types of Acts,- (i) Acts which amended the Karnataka Acts whether they are now in force or not; (ii) Acts which amended regional Acts which are no longer in force; (iii) Appropriation Acts as they are spent Acts; (iv) Acts which have been struck down or by necessary implication struck down by the Courts; (v) Acts which are by implication repealed by Central Acts; (vi) Acts which are temporary and spent enactments; and (vii) Acts which amend the Central Acts and regional Acts which are in force. The Bill does not include Acts which are already repealed expressly. This Bill also seeks to amend certain Acts which are considered necessary. Hence the Bill. [L.C. Bill No. 4 of 2002] [Various entries of List II and III of the Seventh Schedule] 8 IV Amending Act 04 of 2015.- The State Government has admitted several Private Educational Institutions for grant in aid to improve the standard of education and reduce the burden of management by giving salary grant to teaching and non-teaching staff. Whereas no departmental examinations or Kannada language examinations were prescribed for employees in educational institutions receiving maintenance grant from State Government. Whereas the teaching staff in private management institutions admitted to grant-in-aid, claim extension of benefit of one increment for having passed SSLC examination with Kannada as a language or Kannada Language Examination, on par with the pay and emoluments of Government servants is upheld in W.P Nos.13715/2006 c/w W.P Nos. 17236/2008 and 10111-10681/2009 dated 30.06.2009 and Writ Appeal No. 4255/2009 and 4556-5155/2009 dated 25.03.2010. Accordingly Government has issued order No.ED 302 PMC 2006, dated 25.03.2011. Whereas the Government order dated 25.03.2011 was challenged in W.P No. 19846-20413/2012. The Hon'ble High Court of Karnataka allowed the said petition on 10.08.2012, with directions to keep in view the service particulars of the petitioners herein and calculate the additional increment payable to the petitioners as has been done in the case of teaching and non-teaching staff working in Government schools, who are similarly placed. Whereas the state filed appeals against the order dated 10.08.2012 made in W.P Nos.19846-20413/2012, in Writ Appeal No. 2779 and 4868- 5434/2013. The Hon'ble High Court has dismissed the said appeals on 28.08.2013. And, whereas the state of Karnataka preferred the appeal in the Hon'ble Supreme Court in Special Leave Petition No. 38205-38772/2013. Whereas C.C.C.No. 648/2013 was filed before the Hon'ble High Court to implement the decision of Judgment delivered in W.P.No.19846- 20413/2012 dated 10.08.2012. The petition was allowed by giving 15 days time to implement the said orders. Since, Service examination or Kannada Language Examination is not made obligatory for aided school employees, there appears no justification in sanction of additional increment for having passed service or Kannada Language examination to aided institution employees. Government had never contemplated this at any point of time. However, Government has issued order No. ED 286 PMC 2013, dated 11.11.2013 implementing the order dated: 10.08.2012 of the Hon'ble High Court, subject to the Order of the Hon'ble Supreme Court in S.L.P. Nos. 38205-38772/2013 which resulted in huge financial implication on the consolidated fund of the State. The above said Special Leave Petition Nos. 38205-38772/2013 were dismissed on 06.01.2014. Now therefore, it is considered necessary to review the matter and since no Service examinations or Kannada Language Examination has been prescribed for the employees of aided Educational Institutions the Government decided not to extend the additional increment payable to the 9 employees working in aided educational institutions as has been done in the case of employees working in Government Schools. As the matter was urgent and both houses of the Karnataka State Legislature were not in session, the Karnataka Education (Amendment) ordinance, 2014 (Karnataka ordinance 1 of 2014) was promulgated on 31.10.2014. This Bill seeks to replace the said ordinance. Hence the Bill. [L.A. Bill No. 57 of 2014, File No. Samvyashae 41 Shasana 2014] [entry 41 of List II and 25 of list III of the Seventh Schedule to the Constitution of India.] V Amending Act 18 of 2017.- With an object to stop leakage of question papers during examination and to eradicate malpractices by the students and others during examination or evaluation, a committee headed by Additional Chief Secretary to Government has recommended to strengthen the provisions of the Karnataka Education Act, 1983 to prevent malpractices. Therefore, it is considered necessary further to amend the said Act to provide for,- (a) expansion of the term "malpractice"; (b) definition of the term "question paper"; (c) prohibition of malpractice; (d) prohibition of leakage of question paper and penalties thereto; (e) enhancement of certain penalties; (f) empowering the examination Board or Department or Authority to debar students and to recommend for suspension or withdrawal of recognition of such Education institutions indulge in malpractices; and (g) certain consequential amendments are also proposed. Hence, the Bill. [L.A. Bill No.3 of 2017, File No. Samvyashae 06 Shasana 2017] [entry 25 of List III of the Seventh Schedule to the Constitution of India.] VI Amending Act 25 of 2017.- It is considered necessary further to amend the Karnataka Education Act, 1983 (Karnataka Act 01 of 1995) to,- (1) exempt Educational Institutions affiliated to or recognized by the Council of Indian School Certificate Examination or Central Board of Secondary Education, subject to condition that the provisions of section 5A, 48, 112A and 124A of this Act shall continue to apply to these institutions; (2) define District Education Regulatory Authority; (3) make provisions to ensure safety and security of students including protection from sexual offences, by the every Education Institution and employee; (4) provide penalty for contravention of the provisions of sections 5A, 48, 88, 89 and 90; 10 (5) certain consequential amendments are also proposed. Hence, the Bill. [L.A. Bill No. 18 of 2017, File No. Samvyashae 21 Shasana 2017] [entry 25 of List III of the Seventh Schedule to the Constitution of India.] 11 KARNATAKA ACT No. 1 OF 1995 (First published in the Karnataka Gazette Extraordinary on the Twentieth day of January, 1995) THE KARNATAKA EDUCATION ACT, 1983 (Received the assent of the President on the Twenty-Seventh day of October 1993) (As amended by Act 8 of 1998, 13 of 2003, 04 of 2015 ,18 of 2017 and 25 of 2017) An Act to provide for better organisation, development, discipline and control of the educational institutions in the State. WHEREAS it is considered necessary to provide for the planned development of educational institutions inculcation of healthy educational practice, maintenance and improvement in the standards of education and better organisation, discipline and control over educational institutions in the State with a view to fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education; BE it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows:- CHAPTER I GENERAL