And whereas the said
Gazette was made available to the public on 14th November, 1995; And whereas the
objections and suggestions received in this regard have been duly considered by
the State Government; Now, therefore in
exercise of the powers conferred by subsection (1) of section 145 of the
Karnataka Education Act, 1983 (Karnataka Act 1 of 1995), the Government of
Karnataka hereby makes the following rules, namely:- (1)
These rules may be called
the Karnataka Educational Institutions (Classification, Regulation and
Prescription of Curricula etc.,) Rules, 1995. (2)
They shall come into force
from the date of publication the Official Gazette. ln these rules unless
the context otherwise requires,- (a)
?Act? means the Karnataka
Education Act, 1983, (Karnataka Act 1 of 1995); (b)
?Pre-Primary Education?
means informal education below first standard for children between the ages
three and five years by whatever name it is called, like play home,
kindergarden, nursery etc. (a)
?Primary Education? shall
have classes from 1 to VII standard; with I to IV as lower primary and V to VII
as upper primary; (b)
?Secondary Education? shall
have classes from VIII standard to X standard; (i)
it is located in healthy and
sanitary surroundings; (ii)
it is built with safe roof
and structure; (iii)
it is built in such a way as
to ensure sufficient air and light both inside the classrooms and in the
staircase, corridors and alleys; (iv)
the height of the building
from the floor to the ceiling in each storey is more than eight feet; (v)
it is of not more than seven
storeys from the ground level; (vi)
where it is of more than one
floor from the ground level, safe and proper staircases are provided; (vii)
where it is of more than
three storeys from the ground level, proper and safe lift facility is provided;
(viii)
it is not used in any part
of the day, week, month or year, for any purpose other than for the furtherance
of education; (1)
Every building of an
educational institution shall provide adequate and proper accommodation which
shall ensure,- (a)
a separate classroom for
each division/section of a standard; in the case of primary schools a separate
classroom for each teacher; (b)
carpet area for each student
of not less than six square feet; (c)
separate rooms, one for the
chambers of the head of the institution, one for the staff-room and one for
general office; (d)
separate accommodation for
library, reading room and stores, in institutions imparting secondary and
higher education; (2)
Every educational
institution shall provide sufficient area for play ground, enough for all the
students in the institution to assemble, and to play and watch atleast two
outdoor games at one time. (3)
All the classrooms,
chambers, staffrooms, office room, library, reading room and stores shall be
equipped with appropriate furniture of good quality material. (1)
Safe and potable drinking
water in quantities sufficient for all the students, located at convenient
points within the building. (2)
Adequate toilet facility,
urinal accommodation, dining hall and canteen within the premises of the
institution and maintained in good sanitary condition, ensuring sufficient
water supply at all points. Provided that toilet facility and urinal
accommodation shall be provided separately for boy students and girl students. All the educational institutions
existing as at the date of commencement of this rules shall provide the
facilities specified in rules 4, 5 and 6 within three years from such
commencement. No new educational institution shall begin classes unless it has
substantively complied with all the provisions of rules 4,5 and 6. ?It shall be the duty of the management to
ensure that all dangerous places and areas with in the premises of the
educational institution are fenced around for the safety of students. (1)
Every recognised educational
institution shall appoint only qualified teachers and other staff as specified
in the recruitment rules notified by the State Government or the competent
authority authorised in this behalf. (2)
In case of primary schools
there shall be a minimum of one teacher for every forty students or fraction
thereof. (3)
In case of secondary schools
and higher institutions the teachers shall be appointed as per the staff
pattern specified by the State Government from time to time. (1)
The procedure for collecting
fee in all classes from pre-primary upto the degree level in -all recognised
educational institutions shall be open, transparent and accountable. (2)
The fees to be collected
shall be classified as,- a)
Term fees b)
Tuition Fees c)
Special Development Fees (3)
(a) Term Fees,- (i)
No term fees shall be collected
from pre-primary and lower primary students; (ii)
In upper primary and higher
classes, term fees shall be collected at the rate specified by the State
Government or the Competent Authority authorised in this behalf through a
notification and shall be collected only for the items listed in the said
notification. (iii)
Term fees collected by the
recognised educational institutions for each term from the students shall be
subject to exemptions made by the State Government from time to time in this
regard. (b) Tuition
fees.- (i)
In case of Government and
recognised private aided institutions tuition fees shall be collected only from
the failed students at the rates specified by the State Government or the
Competent Authority authorised in this behalf. (ii)
In case of recognised
private unaided institutions tuition fees may be collected from all the
students which shall be commensurate with the expenditure incurred towards
salary of staff and the quality of education provided by the institution. (c) SPECIAL
DEVELOPMENT FEES.-Special development fees may be collected,- (i)
In the case of a recognised
aided educational institution upto a maximum of [Rupees Five hundred per year.][1] (ii)
in the case of a recognised
unaided educational institution upto a maximum of Rs. 600/- per year (4)
Every recognised private
educational institution shall maintain a brochure showing the details of items
of fees and the amount of fees prescribed for each item. The same shall be
displayed prominently on the notice board of the educational institution for
the information of parents and students. (5)
The fee specified shall not
be varied to the dis-advantage of the parents in the middle of the academic
year on any account. (6)
Details of specified fee
together with the brochure shall be sent to the Departmental Authorities for
information. The specified fee may be collected in cash if the amount of fee is
less than Rs. 1000/- and if such amount is Rs. 1000/- and above, either by cash
or demand Draft at the option of the parent. It shall be the duty of the head
of the Institution to issue official fee receipts for all fees received and it
shall be delivered immediately on production of cash or Demand Draft as the
case may be to the person making the payment. The receipt shall however be
issued in the name of the student concerned. (7)
While specifying the fee
structure, provision shall be made to make payment of the fee in monthly,
quarterly, half yearly instalments or in one lumpsum at the option of the
student or his parent. (8)
The amount of fee collected
amount under different items shall be accounted as per specified procedure. The
items due to be remitted to the State Government under term fees and tuition
fees shal be remitted immediately after collection and the remaining amount
pertaining to items of fees under term fees shall be kept in the official
personal Deposit Account of the Head of the institution. The Personnel Deposit
Account shall be opened for this purpose in any Post Office or any Nationalised
Bank located in the surrounding of the institution. All receipts on account of
tuition fee (in respect of recognised private unaided institutions) and the
special development fees shall be kept in the official joint account of the
Head Master and the Secretary/President of the managing committee. All the amount
of fees collected shall be accounted and the accounts shall be produced before
the competent authority for verification at the time of visits and inspections.
The Head of the Institution shall be responsible for safe custody of funds, its
proper accounting and for production of the accounts for verification before
the concerned authorities. (9)
Compelling students to
attend any tutorial class payment of fees, beyond the normal working hours of a
class in a recognised educational institution; is prohibited. (1)
Every recognised educational
institution may specify its own set of Uniform. Such uniform once specified
shall not be changed within the period of next five years. (2)
When an educational institution
intends to change the uniform as specified in subrule (1) above, it shall issue
notice to parents in this regard at least one year in advance. (3)
Purchase of uniform clothing
and text books from the school or from a shop etc., suggested by school authorities
and stitching of uniform clothing with the tailors suggested by the school
authorities, shall be at the option of the student or his parent. The school
authorities shall make no compulsion in this regard. (1)
It shall be the duty of the
head of every recognised educational institution, to constitute a Parent
Teacher Committee within thirty days of the commencement of each academic year; (2)
Till a Committee is
constituted, under sub-rule (1) the committee constituted in the preceding
academic year shall continue to function; (3)
The parent Teacher Committee
for each educational institution shall consist of the following:- (a)
Three representatives of the
parents of the students who have studied upto SSLC or above of whom one shall
be a woman and they shall be selected from among the willing parents. (b)
The head of the institution;
(c)
Three class teachers in the
institution selected by rotation; (d)
the Secretary of the
Governing Council of the Educational Institution; (4)
Whereas, the members of the
Parent teacher committee specified by clauses (b) and (d) of sub-rule (3) shall
be ex-officio, the members selected under clause (a) and (b) of sub-rule (3)
shall hold office, for the period till the next committee is constituted under
sub-rule (i). (5)
The functions of the
Parent-Teacher Committee shall be as follows:- (a)
to redress the grievances of
the students and their parents, if any; (b)
to devise such action programmes
as could be conducive for a healthy studentteacher, parent-teacher,
teacher-management, parent-management relations. (c)
any other activity conducive
to the welfare of the students; (6)
The Secretary of the
Governing Council shall be the Chairman of the Parent-Teacher Committee. (7)
The Head of the Institution
shall be the Member Secretary of the Parent-Teacher Committee. He shall call
for all the meetings of the committee, draw up proceedings of the Board and
give effect to the decisions of the committee under the orders of the Chairman
of the committee; All the proceedings of the committee shall be authenticated
by the Chairman. The correspondence and other secretarial activities shall be carried
on by the Member-Secretary. (8)
Every decision of the
Parent-Teacher Committee shall be taken by an ordinary majority of the elected
members present and voting. In case of equality of votes, the Chairman shall
have a casting vote. (9)
The Parent-Teacher Committee
shall meet atleast once in three months in the premises of the educational
institution. If the Chairman is unable to attend such quarterly meeting, he
shall authorise some other member to chair such meeting. (10)
Meeting notice shall be
despatched to the members of the parent Teacher Committee at least ten days in
advance. The quorum for the meeting shall be one-third of the total members of
whom atleast one shall be a parent member. (11)
The first meeting of every
monthly constituted parent-Teacher Committee shall be held on the day of its
constitution. An order constituting the committee shall be issued by the Head
of the Institution. (12)
Meetings of the
Parent-Teacher Committee shall be held during working hours of the school with
in the premises of the Institution. (1)
The State Government or the
Competent authority authorised in this behalf shall bynotification specify the
minimum and the maximum number of students to be admitted in a recognised
educational institution subject to the provisions of these rules. (a)
For primary including upper
primary schools the maximum admissions shall be Fifty students for each class. (b)
For secondary schools the
minimum admission shall be thirty students and the maximum admission shall be
sixty students in each class. (c)
For Pre-University College,
First Grade College and other Institutions of higher learning the minimum
admissions shall be thirty students and the maximum admissions shall be one
hundred for each class: Provided that in case of minority educational
institutions the minimum admission for any class shall be fifteen. (d)
Notwithstanding anything
contained in these rules, in case of private aided institutions from primary
and upto first grade college the maximum and minimum number of admissions for
each class shall be as stipulated in the Grant-in-aid rules. (2)
The State Government or the
Competent authority shall by notification specify the conditions of admission
regarding eligibility, minimum age, migration, removal of students etc., in any
recognised educational institution or class of such institutions. (3)
The State Government or the
Competent authority shall by notification specify the method of admission to
various courses, classes and categories of educational institutions. (1)
The procedure for admission
for any class or institution shall be open and transparent. (2)
Admissions shall commence after
a notification is issued and displayed prominently in the premises of the
educational institution, inviting applications for admission and specifying the
number of seats available for admission. Application forms shall be made
available to the parents for at least five working days of not less than four
working hours each. The parents shall be given a minimum of three working days
of not less than four working hours each for registering the application form.
The dates and working hours shall be clearly notified on the Notice Board. The
application fee prescribed if any shall not exceed five rupees. In additional a
brochure containing all the details may be made available to the parents at
their option, the cost of which shall not exceed twenty rupees. (3)
Every recognised educational
institution imparting education from pre-primary upto degree level and situated
within a largerer urban area or smaller urban area shall admit in each year
such number of students not exceeding twenty five percent of its total intake
in each class as may be specified by the State Government from time to time. EXPLANATION: ?Larger
Urban Area? and ?Smaller Urban area ? means the area specified as such under
the Karataka Muncipal Corporations Act, 1976 and the Karnataka Municipalities
Act, 1963: Provided that if
sufficient number of such students are not available within the specified area,
the educational institution may admit students from other areas. (4)
the State Government while
specifying the percentage of students and the distance under sub-rule (3),
shall have regard to; (i)
the density of population in
the vicinity of the educational institutions; (ii)
the location of the
educational institution; (iii)
the availability of
transport facility to school going children residing in the locality where
educational institution is situated; (iv)
the existence or other
similar educational institutions in the same area. The State government may
specify different percentage of students and different distances for different
urban areas of for different classes of recognised educational institutions
situate in the same urban area; (5)
Every recognised educational
institution from pre-primary upto degree level which is established, maintained
or aided by the State Government shall make provision for reservation of seats
for candidates belonging to Scheduled Castes and Scheduled Tribes and other
Backward Classes as per Government Orders in force from time to time. (6)
Every process of admission
from pre-primary upto degree classes in educational institutions allowing
co-education, shall ensure that fifty percent of the total available seats in
each institution in each category and reservation group shall be reserved for
girl students. If no sufficient number of girl students are available for
admission against such reservation the unfilled seats may be treated as
un-reserved: Provided that provisions of sub-rules (5) and (6) shall not apply
to minority educational institutions to the extent of admissions made by these
institutions from among their own community students. (7)
During the month of April of
every year the Head of the educational institution shall display on the notice
board the details regarding the calendar of events detailing the various stages
involve in the admission process like date of issue of applications, last date
fixed for receipt of applications, mode and place of issue of application
forms, date of announcement of list of selected candidates, last date for
admission etc., The process of admission shall be conducted accordingly. (8)
The Head of the educational
institution shall along with the calendar of events also display on the notice
board the details regarding the number of seats available for each class, the
fee structure specified and the criteria specified for selection of candidates.
(9)
The parent/guardian shall
tender the application in person and get proper acknowledgement from the
institution. The Head of the educational institution shall enter particulars of
every such application in the ?Register of Applications? maintained for that
purposes, in the order of their receipt. (10)
The Head of the educational
institution shall prepare a list of all eligible candidates who have registered
for admission in the institution. Separate sub-lists shall also be prepared in
respect of candidates of the Scheduled Castes and Scheduled Tribes and other
Backward Classes as the case may be. Every candidate shall be allotted a
registration number. (11)
The lists of eligible and
rejected candidates containing the name and registration number shall be
published on the Notice Board of the institution, inviting objections from any
aggrieved party within a date to be specified in the notice so however that a
minimum of five working days shall be allowed for filling objections. The
objections received shall be registered and proper acknowledgments shall be
issued. After considering the objections a final list shall be prepared and
published on the Notice Board. (12)
(a) The managing Committee
shall from among the list of eligible candidates as published in sub-rule (11)
and according to provisions made in sub-rules (2) to (7) shall prepare a list
of selected candidates. Separate sub-lists shall also be prepared for each
reservation groups in each category as per provision. (b)
In case of admissions to secondary, pre-University and degree courses the Head
of the educational institution shall after taking into consideration the total
number of seats available for admission in the institution shall allocate
eighty percent of such seats for admission through merit and allocate remaining
twenty percent for admission by the management. (c)
The procedure for selection shall be as follows:- (i)
The Head of the educational
institution, shall from among the list of eligible candidates published under
sub-rule (11) and according to provisions made in sub-rules (2) to (7) and
further taking into consideration the marks secured by the student in the
qualifying examination prepare a list of selected candidates in the order of
merit. Separate lists shall be prepared for each reservation group. (ii)
the Managing Committee shall
from among the list of eligible candidates published under sub-rule (11)
prepare a list of selected candidates on the basis of merit. (d)
Admissions to all classes shall be made on the basis of selection lists so published.
If any of the seats remain unfilled even after the exhaustion of the list, the
procedure as specified above shall be repeated till after all admissions are
completed. (13)
Educational institutions
which are composite in nature shall make admissions to higher classes run by
the same educational institution upto and inclusive of secondary level only to
the extent the seats in such higher classes are rendered vacant by the students
or their parents voluntarily refusing admission for higher classes. A student
admitted of lower kinder-garten course or any other course which forms the
initial course in that educational institution shall have a right to continue
his studentship in the same educational institution upto and inclusive of
secondary level provided he passes the terminal or the public examinations. In
case of composite educational institutions involving pre-university and degree
courses admissions .to pre-university course shall be completed in accordance
with clause (b) and (c) of sub-rule (12) Provided that a provision of fifteen
percent concession in the cut-off percentage shall be allowed to the students
of that institution and students of sister institutions run by the same
management. The admission to degree courses shall be automatic, subject to the
student passing the terminal or public examination. The institution authorities
shall have no right to ask the student to quit the educational institution on
any ground including his poor performance in examination, provided he has
secured a pass in the examination. (14)
These rules shall apply to
all admissions made by an educational institution not only to the initial
course or standard appeared in that institution but also to admissions made to
additional sections in any standard or course whether existing or newly opened. (15)
Not-withstanding anything
contained in these rules, the practice of institutions conducting interviews or
tests or both to students or to parents or both for admissions upto primary
level is expressly prohibited. (16)
The Head of the educational
institution shall be responsible for the strict compliance of provisions of
this rules. He shall maintain all records concerning admissions and shall
produce them for verification before the inspecting authority during visits and
inspections. Any deviation or violation of rules noticed by the inspecting
authority shall be referred to District level education regulating authority. (1)
[2]Any
parent who is aggrieved by,- (a)
violation of any of the
provisions of these rules with respect to admissions by the institutions; (b)
violation of any of
provisions of these rules with respect to collection of fees; may file a
petition in writing to the District Level Education Regulating Authority
constituted under 1 [rule 16][3] (2)
[4][?The
District Regulating Authority may also suo-moto or on complaint made by any
person interested orally or otherwise make an enquiry to satisfy themselves as
to the correctness of the complaint and may pass as if may consider fit, after
giving an opportunity to the party adversely affected by it an opportunity of
making representation?.][5] (1)
[6][?There
shall be a District Level Education Regulating Authority (hereinafter called
the Regulating Authority, for every district consisting of the following
members, namely:- (a)
Deputy Commissioner of the
District Chairman (b)
Chief Executive Officer
Zilla Panchayat Member (c)
Executive Engineer, Zilla
Panchayat Member (d)
Deputy Director
Pre-University Education, Member Department of the Concerned District. Member (e)
Deputy Director of Public
Instruction of the Member Concerned District. Secondary (2)
The State Government may by
notification, constitute an Additional Authority in a District having
Provisions of rules 3 to 8 shall apply mutatis-mutandis to additional
Regulating Authority. (3)
The terms of reference of
the Regulating Authority shall be as follows :- (i)
Jurisdiction ; The
authority shall have jurisdiction overall the instances pertaining to violation
of the rules by the Educational Institutions Consisting of Pre-Primary and
Secondary Institutions in a District. (ii)
Term of reference ; 1.
The authority shall have
power to investigate into all the instances as contemplated in rule 15. 2.
The authority shall act in
accordance with the provisions of sub-rules (4) to (9) of this rule, (iii)
conduct of meetings:- 1.
The Chairman shall preside
over all the meetings of the authority. 2.
The quorum of meeting shall
be three. 3.
Notice for the meeting shall
be issued by the Chairman, seven days in advance. (4)
Every petition shall
disclose details of violation and shall also cite evidence of such violation.
Petitions without concrete evidence may be rejected by the Regulating Authority
and endorsement may be given in this regard to the parent. The Petition shall
be affixed Court Fee Stamp of value Rupees ten . and shall be delivered in
person to the Regulating Authority or sent by Registered Post and Proper
acknowledgement obtained. (5)
The Regulating Authority
shall devise its own procedure in conducting the enquiry. If found necessary
the members of the Regulating Authority may visit the institution concerned,
make local enquiry and ascertain the factual position regarding the petition
filed by the parent upon examining the evidence stated in the petition and other
records with a view to verifying the truth of the petition. Sufficient
opportunity shall be given to the management of the educational institution and
the parent to substantiate their plea. (6)
Every decision of the
Regulating Authority shall be taken by an ordinary majority of the members
present and voting. (7)
In case of equality of votes
the Chairman shall have the right to exercise a second or casting vote. (8)
The quorum for the meeting
shall be three of whom atleast one shall be a parent member. (9)
The decision of the
Regulating Authority shall be communicated to the institution in writing by the
Chairman and he shall pass an order to this effect which shall be binding. Any educational
institution or parent aggrieved by the decision of the Regulating Authority may
file an appeal before the Commissioner for Public Instruction who shall act as
the Appellate Authority in this regard. The decision of the Appellate Authority
shall be final and binding. (1)
Except to the extent
provided by these rules, the working days and working hours of educational
institution shall be as may be specified by the Competent Authority. (2)
All educational institutions
from pre-primary to secondary education shall work for 51 /2 hours a day
excluding the duration of interval and 51 /2 days in a week from Monday to
Saturday, Saturdays being half-days having morning classes. (3)
The timing of working hours
in any educational institution shall be determined by the concerned school
authority taking into consideration the convenience the students and prevailing
local conditions. The Department shall be informed accordingly. (1)
The Competent Authority
shall specify curricula for each course or class, subject to the provisions of
these rules. (2)
The Curricula specified by
the Competent Authority shall not be a burden to the students particularly at
the primary level. It shall be in accordance with the objectives both short term
and long term specified by the Government or the Competent Authority from time
to time. (3)
Educational institutions
following state syllabus any other pattern shall strictly adhere to the
Curricula and text books prescribed by the concerned Competent Authority.The
institution shall not specify any additional curricula or text books of
whatever nature. (4)
The specified curricula
shall, as far as practicable, make efforts towards group exercises and group
achievements and inculcation of moral values. The home work given
to students shall be the barest minimum particularly at the primary level. As
far as practicable the home work should be of such type that it brings out the
creative talent of the student, without having to repeat from the text books or
the class notes. The State Government
or any other authority specified by the State Government in this behalf, may
relax the provisions of these rules or exempt from the application of the
provisions of these rules, in respect of any person or educational institution
or class of persons or class of educational institutions, if the State
Government or such authority is satisfied that the operation of any such rule
or rules causes an undue and avoidable hardship to such persons or educational
institutions. [1]
Substituted in Notification No. ED 4 Vivdha 2001 dt. 5,7.2001 [2]
Substituted in Notification No. ED 71 Vivdha 97 dt. 8.10.99 we f 28 10 99 [3][3]
Substituted in Notification No. ED 71 Vivdha 97 dt. 8.10.99 we f 28 10 99 [4] Inserted
in Notification No. ED 71 Vivdha 97 dt. 8.10.99 w.e.f. 28.m99 [5] Inserted
in Notification No. ED 71 Vivdha 97 dt. 8.10.99 w.e.f. 28.m99 [6] Sub-rules
(1), (2) and (3) Substituted in Notification No ED 71 Vivdha 97 dt 8 10 99
28.10.99Karnataka Educational
Institutions (Classification, Regulation and Prescription of Curricula etc.,)
Rules, 1995
Where as the draft of the Karnataka Educational Institutions (Classification,
Regulation and Prescription of Curricula) Rules, 1995 was published in No. ED
116 VIVIDHA 1995, dated 14th November, 1995 in Part-IV section 2c (i) of the
Karnataka Gazette Extraordinary dated 14th November, 1995, inviting objections
and suggestions from the persons likely to be affected thereby;
No educational institution or Part thereof shall function in a building,
unless,-
Every educational institution shall provide,-
?
?
Rule - 18. Working
days and working hours of educational institutions.-????????????????????????
?