Amendment status not verified — confirm the current text below against the official source.
Repeal and savings etc. ***** STATEMENT OF OBJECTS AND REASONS I Act 37 of 1984.- The practice of collecting capitation fees for admitting students in educational institutions is widespread in the State. This undesirable practice besides leading to large scale commercialisation of education, has not been conducive to the maintenance of educational standards. It is considered necessary to effectively curb the evil practice, in public interest and prohibit the collection of capitation fees for admission to educational institutions in the State of Karnataka and regulate certain matters relating thereto. As the matter was urgent and neither House of the State Legislature was in session an Ordinance was promulgated. This Bill seeks to be replace the said Ordinance. (Published in the Karnataka Gazette (Extraordinary) dated 25-1-1984 as No. 70 at page 10.) II Amending Act 17 of 1985.- The Karnataka Educational Institutions (Prohibition of Capitation Fee) Bill, 1984 as passed by both the Houses of Legislature was reserved by the Governor of Karnataka for consideration of the President under Article 200 of the Constitution of India. When the Bill was awaiting the assent of the President, Ordinance 14 of 1983, which it was intended to replace had lapsed and it become necessary to promulgate the Karnataka Educational Institutions (Prohibition of Capitation Fee) Ordinance, 1984 (Karnataka Ordinance 8 of 1984) with substantially the same provisions as the Bill and effective from 11 the July, 1983. It was 2 promulgated on 9th July, 1984 to provide legal validity to the rules, orders and notifications issued or validated under Karnataka Ordinance 4 of 1983 and to the rules, orders and notifications on the subject issued or to be issued for the academic year 1984-85. Subsequently the assent of the President was received to the Bill and it was published as the Karnataka Educational Institutions (Prohibition of Capitation Fee) Act, 1984 (Karnataka Act 37 of 1984) on 9th August 1984. Hence the Karnataka Ordinance 8 of 1984 had to be repealed, saving action taken or validated by it. While conveying the assent of the President Government of India also communicated directions that the Act may be amended to the effect that any contravention of the provisions of Act after the lapse of the Karnataka Ordinance 14 of 1983 but before the date of publication of the Act in the official Gazette shall not be punishable under section 7 or 8 of the Act as offences cannot be created retrospectively. In order to repeal the Karnataka Ordinance 8 of 1984 and to amend the Act in accordance with the directions of the Government of India and to make certain consequential amendments to the Act including validation of action taken or validated by Karnataka Ordinance 8 of 1984 the Karnataka Educational Institutions (Prohibition of Capitation Fee) (Amendment) Ordinance, 1984 was promulgated on 9th August, 1984 as Karnataka Ordinance 10 of 1984. As the said Ordinance lapsed on the tenth day of January, 1985 the Karnataka Educational Institutions (Prohibition of Capitation Fee (Amendment) Ordinance, 1985 (Karnataka Ordinance 2 of 1985) was promulgated. The Bill seeks to replace the said Ordinance. Hence the Bill. (Published in Karnataka Gazette (Extraordinary) Part IV-2A as No 163 dated 25.3.1985 at page 5-6.) III Amending Act 15 of 2003.- The Karnataka Educational Institutions (Prohibition of Capitation Fees) Act, 1984 (Karnataka Act 37 of 1984) has come into force with effect from 11th July 1983 to effectively curb the evil practice of collection of capitation fee for admission to educational institutions in public interest and matters connected therewith and incidental thereto. In clause (c) of section 2 of the said Act, Educational Institution has been defined to be an institution leading to a degree conferred by a university established under the Karnataka State Universities Act, 1976 (Karnataka Act 28 of 1976). Subsequent to the said enactment the Kannada University Act, 1991, Karnataka State Open University Act, 1992, Rajeev Gandhi University of Health Sciences Act, 1994, and Visveswariah Technological University Act, 1994 were enacted and the Karnataka University of Agricultural Sciences Act, 1963 was not covered with in the definition of Educational Institution. It is considered necessary to bring all the Institutions leading to a degree conferred by Universities established under any law for the time being in force. Hence the Bill. (vide LA Bill No. 18 of 2002 File No. SAMVYASHAE 6 SHASANA 2002) 3 KARNATAKA ACT No. 37 OF 1984 (First Published in the Karnataka Gazette Extraordinary on the Ninth day of August, 1984) THE KARNATAKA EDUCATIONAL INSTITUTIONS (PROHIBITION OF CAPITATION FEE) ACT, 1984 (Received the assent of the President on the Twentieth day of July, 1984) (As Amended by Act 17 of 1985 and 15 of 2003) An Act to prohibit the collection of capitation fee for admission to educational institutions in the State of Karnataka and matters relating thereto. WHEREAS the practice of collecting capitation fee for admitting students into educational institutions is widespread in the State ; AND whereas this undesirable practice beside contributing to large scale commercialisation of education has not been conducive to the maintenance of educational standards ; AND whereas it is considered necessary to effectively curb this evil practice in public interest by providing for prohibition of collection of capitation fee and matters relating thereto ; BE it enacted by the Karnataka State Legislature in the Thirty-fourth Year of the Republic of India as follows :-