KARNATAKA AGAMA SHIKSHANA SALAHA SAMITI AND AGAMA PAREEKSHA SAMITI RULES, 2008

PREAMBLE

In exercise of the powers conferred by Article 162 of the Constitution of India and in supersession of all previous rules on the subject, the Governor of Karnataka hereby makes the following rules, namely.

Rule - 1. Title, commencement and application.

(1)     These rules may be called the Karnataka Agama Shikshana Salaha Samiti and Agama Pareeksha Samiti Rules, 2008.

(2)     They shall come into force from the date of their publication in the Official Gazette.

(3)     These rules shall apply to Agama section of all Sanskrit Colleges and Agama Pathashalas which are recognised by the Government and controlled by the Hindu Religious and Charitable Endowment Department of Government.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires.

(i)       "Agamas" means and includes Shaivagama, Pancharatragama, Tantrasaragama, Vaikhanasagama, Veerashaivagama, Vathulagama and Jainagama;

(ii)      "Commissioner" means the Commissioner for Hindu Religious Institutions and Charitable Endowments appointed under Section 3 of the Karnataka Hindu Religious Institutions and Charitable Endowments Act, 1997 (Karnataka Act 33 of 2001);

(iii)     "Samiti" means the Karnataka Agama Shikshana Salaha Samithi and Agama Pareeksha Samithis constituted under Rules 3 and 14 respectively.

Rule - 3. Constitution of Samithis.

There shall be two samithis called Karnataka Agama Shikshana Salaha Samithi and Agama Pareeksha Samithi constituted for the purpose of these rules.

(1)     The Karnataka Agama Shikshana Salaha Samithi shall consist of the following members namely.

(a)      The Chairman appointed by the State Government from among the non-official members;

(b)      The Deputy Director of Public Instruction (Sanskrit Section).... Member

(c)      The Principal, Government Sanskrit College, Melkote... Member

(d)      Seven non-official members nominated by the State Government to represent each of the seven Agama namely, Shaivagama, Pancharatragama, Tantrasaragama, Vaikhanasagama, Veerashaivagama, Vathulagama and Jainagama. One shall be a person belonging to the Scheduled Caste or Scheduled Tribes and a woman:

Provided that preference may be given to those, who are qualified in Sanskrit or retired officers well-versed in Sanskrit......Member

(e)      The Principal who represents among these institutions organisation and association shall be member of the Samithi for a period of 1 1/2 year through rotation;

(f)       Principal, Maharaja Sanskrit College, Mysore shall be the Member-Secretary.

(2)     The Samithi unless sooner dissolved shall continue, for a period of three years from the date of its constitution or reconstitution.

(3)     Save as otherwise provided, Term of Office of the non-official members shall-be coterminous with the samithi.

Rule - 4. Restrictions for appointment as member of Samithi.

(1)     Mo person shall be appointed as a non-official member under clause (d) of sub-rule (1) of Rule 3 unless he:

(i)       has passed Praveena examination in the concerned Agama;

(ii)      has passed in Vidhwath Uttama in Shastra;

(iii)     has attained the age of forty years;

(iv)    has knowledge of Kannada language to read and write;

(v)      files an affidavit to the effect that there are no criminal cases against him.

(2)     The conditions of age, qualification specified at clauses (iii) to (v) are also applicable to the persons who are appointed under clauses (d) and (c) of Rule 3(1).

(3)     No person shall be eligible to become a member of the Samithi for more than two terms.

(4)     A member of the Samithi shall not be appointed as an oral examiner or valuator for the Agama examination.

Rule - 5. Procedure for Constitution of the Samithi.

(1)     The Member-Secretary shall notify the proposed constitution of the samithi and shall call for application in the specified from the persons, interested to become non-official members, two months before the expiry of the term of the Samithi. The applications which are submitted within the time specified in the notification shall be considered.

(2)     The publication shall be made by affixing a copy of the notification of the notice board of all.

(a)      offices of the Deputy Commissioners of the District;

(b)      offices of the Sanskrit colleges and Pathashalas where Agama Shikshana is taught;

(c)      all offices of the Assistant Commissioners for Hindu Religious Institutions and Charitable Endowments, at the district;

(d)      the office of the Commissioner, for Hindu Religious Institution and Charitable Endowments, Bangalore.

(3)     On receipt of the applications within the time specified in the notification, the Secretary of the Samithi shall after scrutiny of the applications relating to qualification and disqualification of any person forward the same to the Commissioner.

(4)     The Commissioner shall, on receipt of the applications from the Secretary of the Samithi, verify the same and with his recommendation send to the State Government for further action.

Rule - 6. Vacation of seat.

If a member of the Samithi absents himself for more than three consecutive meetings of the samithi without leave of the samithi, his seat shall be deemed to be, or to have become, as the case may be vacant.

Rule - 7. Powers and functions of the Samithi.

(1)     The Samithi shall be responsible to ensure standard of education in Agama and to implement any guidelines or directions issued by the State Government from time to time.

(2)     The Samithi shall offer its recommendation and opinion in respect of:

(a)      Syllabus for Agama classes;

(b)      Admission of students and policy for the admission;

(c)      Publication of Agama literature;

(d)      Teaching method in institution.

(3)     Commissioner may seek the opinion of the Samithi in respect of recognition of new Agama Schools/Pathashala. Samithi shall give its opinion within 3 months:-

Provided that the opinion of the Agama Saiaha Samithi should not be contrary to any of the norms specified by the Government:-

(1)     The Samithi may also give suggestions on any Agama to the Commissioner or the State Government;

(2)     The Headquarters of the Samithi shall be at Maharaja Sanskrit College, Mysore. The Samithi shall hold its meeting at least once in three months. The meeting may be called, by the Secretary with the permission of the Chairman. Notice of the meeting shall be sent to all the members of the Samithi seven days in advance of the date of meeting;

(3)     The quorum for the meeting shall be one-third of the total members of the Samithi;

(4)     The meeting of the Samithi shall be held either at Mysore or Bangalore;

(5)     The non-official members may be paid travelling and daily allowance at the rate as applicable to Group 'A' Officers of the State Government;

(6)     In the absence of Chairman, any member of the Samithi chosen by the members amongst them shall preside over the particular meeting of the samithi, and if the Chairman of the Samithi attends the meeting, subsequently the Chairman of the Samithi may proceed with the business of the meeting.

Rule - 8. Academic year.

The Academic year for Agama school and colleges shall be from the First day June to Thirty-first day of May of the ensuing year.

Rule - 9. Syllabus.

(1)     The Samithi may prescribe the Syllabus for each Agama class.

(2)     The draft syllabus shall be sent to the Commissioner along with the views of the Samithi for concurrence of the State Government. After concurrence of the State Government the syllabus deemed to be approved.

Rule - 10. Eligibility to appear for the Agama examination.

(i)       The candidate appearing for the Agama Pravara/Praveena exam should possess a pass certificate in Kavya exam and he should be student of the Agama Pathashala, which are recognised by the Department.

(ii)      The students who have completed three years course and two years course from the date of recognition of the Pathashala are eligible for appearance for Agama Pravara and Agama Praveena exams respectively.

(iii)     The students who have passed Sahitya exam conducted by the Karnataka State Secondary Board are eligible for exemption of the Sahitya paper in Agama section.

(iv)    Students who appear for the examination shall fill the application form and submit along with the fee prescribed by the Samithi. Students belonging to SC/ST shall pay fifty per cent of the examination foe specified.

(v)      To take examination students must have 75% of the Minimum attendance out of the total working days.

Rule - 11. Dissolution of Samithi.

(1)     The Agama Salaha Samithi' may be dissolved by the State Government before the expiry of the term of the Samithi for the following reasons, namely.

(i)       For misappropriation of any funds allotted;

(ii)      For mismanagement in any of the matter entrusted to the Samithi;

(iii)     Any malpractice with regard to the conducting of examination, paper valuation and announcement of results:

Provided that before passing any order of dissolution under clauses (i) to (iii) an opportunity shall be given to the Samithi to give explanation regarding the charges.

(2)     On receipt of the explanation from the samithi, the State Government may take decision, either to hold enquiry to ascertain the truth of such allegations by appointing of Enquiry Officer, or to pass appropriate orders dissolving the samithi.

(3)     If prima facie the charge is established against the samithi, the entire samithi may be placed under suspension and an Administrator may be appointed by the State Government till the completion of enquiry regarding the charges and the Administrator shall exercise and perform the powers and functions of the Samithi as laid down in these rules with the assistance of the Secretary and official members of the samithi.

(4)     If the findings of enquiry goes against the samithi, the entire samithi shall be dissolved and a new Samithi may be constituted in its place and if the charges are not proved during the enquiry, the suspension of the samithi may be revoked and the samithi shall be allowed to continue till completion of its term.

Rule - 12. Appointment of Administrator.

If for any reason, reconstitution of the Samithi could not be made in time, the State Government may appoint an Administrator who shall exercise and perform the powers and functions of the Samithi till the Samithi is duly constituted.

Rule - 13. Financial powers of the Samithi.

All financial powers shall vest with the Secretary of Agama Advisory Committee Recognition fees and other receipts shall remit to the Government Receipt Head of account. The required budget estimate under the following Heads shall be prepared by the Principal, Sanskrit College, Mysore and shall submit to Government for approval through the Endowment Commissioner;

(1)     Expenditure for conducting examination including remuneration of examiners;

(2)     Printing, Stationery and Contingent expenditure;

(3)     T. A. and D.A. to Advisory Committee Members;

(4)     Scholarship to students.

The allocated funds shall be incurred strictly as per the financial guidelines issued by the Government from time to time.

Rule - 14. Agama Pareeksha Samithi.

The Agama Pareeksha Samithi shall be constituted by the Agama Shikshana Salaha Samithi every year for the purpose of holding examinations and announcing the result consisting of 5 members among the members of Agama Shikshana Salaha Samithi, inducting the Member-Secretary. The Principal, Maharaja Sanskrit College, Mysore shall be the Member-Secretary of the Agama Pariksha Samithi:

Provided the members nominated for the Pareeksha Samithi shall not be nominated again for the next year.

Rule - 15. Powers and functions of the Pareeksha Samithi.

The Samithi shall function under the direct control of the Agama Shikshana Salaha Samithi.

Rule - 16. Setting of the question papers and conducting of the examination.

(1)     Pravara and Praveena examination in Agama shall be held every year and the pareeksha samithi shall take all steps for the smooth conduct of exams.

(2)     Except under special circumstances or for special reason, Agama exams may be held by the end of March/April every year and the results may be published by the end of May.

(3)     Preparation of question papers for the exams may be entrusted to any qualified person in the concerned Agama who is not a member of any' Samithi.

(4)     Setting of question papers and valuation of answer papers of each subject shall not be entrusted to the same person.

(5)     Pareeksha samithi shall have the list of qualified examiners and valuators from among the Adhyapaks, Professors, Assistant Professors of various Agama Schools and colleges which is approved by the Shikshana Salaha Samithi. Setting of question papers and valuation of answer papers and interviews to be entrusted only to these persons and the same shall be updated every year.

(6)     The setting of question papers shall be in three sets. The Pareeksha Samithi shall have the power to choose any one set of the question paper which includes previous set of question papers and other two sets shall be preserved.

(7)     The Principal, Maharaja Sanskrit College who is the Member-Secretary of the Pareeksha Samithi shall be entrusted with the work for arrangement of question papers printing, and safe custody of the same.

(8)     In examination the answers must be in Kannada or Sanskrit only.

Rule - 17. Safety of question papers.

It shall be the responsibility of Secretary of the Pareeksha Samithi as a Chief Superintendent of examination to make sufficient arrangement for the safety of question paper and other arrangements for conducting examinations and publication of results.

Rule - 18. Valuation of answer papers.

(1)     The Pareeksha Samithi shall make necessary arrangements for valuation of answer papers by appointing as many members of valuators as required. The list of valuators shall be approved by the Agama Shikshana Salaha Samithi.

(2)     A person who is appointed as valuator shall not be a member of any of the Samithis.

(3)     The valuators shall be appointed only from among the Adhyapak or Upapradhyapak or Pradhyapak of Agama Schools and Colleges.

(4)     No grace marks shall be given to any of the students.

(5)     After completion of the valuation of the answer papers, the marks scored by each candidate shall be entered in a register specified under attestation by the Secretary of the Samithi.

(6)     Before announcement of result by the Secretary, the approval of the Agama Shikshana Salaha Samithi shall be obtained.

(7)     After announcement of the result, the marks card in the prescribed form shall be issued by the Secretary of the Samithi under his signature.

Rule - 19. Remuneration.

The remuneration for the setting of question papers and for valuation of answer papers shall be as may be determined by the Government from time to time.

Rule - 20. Percentage of marks.

The percentage of marks for passing in Praveena and Pravara shall be specified by the Pareeksha Samithi after obtaining approval of the Commissioner.

Rule - 21. Scholarship.

Scholarship may be sanctioned by the Commissioner at the rate specified by the State Government.

Rule - 22. Conditions for recognition of Agama Classes.

(1)     There shall be minimum five students in each Agama class.

(2)     There shall be Adhyapak, Pradhyapak and Professors to teach Agama Veda and the person who teach Veda Bhaga shall also teach Sahitya Bhaga.

(3)     No person shall be appointed as Adhyapak unless he has passed in Agama Praveena examination and in poorvardha Vidwat in any Shastra.

(4)     No person shall be appointed as upapradhyapak unless he has passed in Praveena examination in concerned Agama and in Uttara Vidwat in any Shastra. Preference will be given to those who are having experience in teaching.

(5)     The salary of teaching staff shall be borne by the institution only.

(6)     There shall be sufficient furniture and the institution shall have its own library in Agama wing.

(7)     The institution must own its own building to conduct Agama Classes.

Rule - 23. Granting of recognition.

(1)     Any institution or association seeking recognition to conduct Agama Veda Classes shall send application of the Secretary of the Samithi, in such form as may be specified by the Samithi

(2)     On receipt of the application under sub-rule (1), the Secretary of the Samithi shall place the same before the next meeting of the Samithi. The application shall be forwarded to the Commissioner along with the resulting of the Samithi for further action.

(3)     Commissioner may, at his discretion, either grant recognition or subject to such conditions as he deems fit to impose or may reject the application for sufficient reason in writing.

(4)     The applicant/institution shall pay a sum of rupees two hundred fifty to the Government as fee along with the application for recognition.

(5)     The Agama Patashala after recognition shall render a none cashable deposit of not less than Rs. 20,000/- in the name of the Principal, Sanskrit College, Mysore. The institution is entitled for the interest thereon only which shall be spent for civic amenities of the students and for up keeping the library of the institution.

(6)     Inspection The pathashala may be inspected periodically by the Principal, Sanskrit College, Mysore or any of the officers authorised by the Commissioner in this behalf.

Rule - 24. Repeal and savings.

The Karnataka Agama Shikshana and Pareeksha Salaha Samithi Rules, 1991 are hereby repealed:

Provided that such repeal shall not affect.

(i)       the previous operation of the said rules, or anything done or any action taken thereunder; or

(ii)      any right, privilege or liability acquired, accrued or incurred under the repealed rules.