Whereas,
the draft of the Karnataka Educational Institutions (Regulation of Certain Fees
and Donations) (Amendment) Rules, 2016 was published as required by sub-section
(1) of Section 145 read with Section 48 of the Karnataka Education Act, 1983
(Karnataka Act 1 of 1995), in Notification No. ED 317 PGC 2012(1), dated
5-10-2016, in Part IV-A of the Karnataka Gazette, Extraordinary No. 1153, dated
5-10-2016, inviting objections or suggestions from all persons likely to be
affected within thirty days from the date of its publication in the Official
Gazette; And
whereas, the said Gazette was made available to public on 5-10-2016; And
whereas, the objections and suggestions received in this behalf have been
considered by the Government; Now,
therefore, in exercise of the powers conferred by the sub-section (1) of
Section 145 read with Section 48 of the Karnataka Education Act, 1983
(Karnataka Act 1 of 1995), the Government of Karnataka hereby make the
following rules further to amend the Karnataka Educational Institutions
(Regulation of Certain Fees and Donations) Rules, 1999, namely.-- (1)
These rules may be called the Karnataka
Educational Institutions (Regulation of certain Fees and Donations) (Amendment)
Rules, 2018. (2)
They shall come into force from the
date of their publication in the Official Gazette. In
the Karnataka Educational Institutions (Regulation of Certain Fees and
Donations) Rules, 1999 (hereinafter referred to as the 'said rules'), for Rule
4, the following shall be substituted, namely. -- "4. Fee in unaided private educational institutions.-- (1)
Every private unaided educational
institutions shall disclose within 31st December of every calendar year its fee
structure for the ensuing academic year starting in the next calendar year, the
audit report of its finances in the previous financial year ended on 31st
March, details of teaching resources, result in the public examination and a
statement showing computation and compliance of the fee structure as per the
rules on the website of Primary and Secondary Education Department in the
manner specified through a notification. (2)
A private unaided educational
institution shall be allowed to collect fees not exceeding the fee structure
disclosed by the institution in the manner specified under sub-rule (1): Provided
that no fee shall be collected from the students admitted under clause (c) of
sub-section (1) of Section 12 of the Right of Children to Free and Compulsory
Education Act, 2009 (Central Act 35 of 2009). (3)
Notwithstanding anything contained in
any rules made in this behalf the tuition fee to be charged by a private
unaided educational Institution under sub-clause (ii) of clause (b) of sub-rule
(3) of Rule 10 of the Karnataka Educational Institutions (Classification,
Regulation and Prescription of Curricula, etc.) Rules, 1995 in the ensuing
academic year shall not exceed the value determined in the following manner,
namely-- (i)
The normative total expenditure for
the ensuing academic year shall be computed based on the actual salary
expenditure incurred on teaching and non-teaching staff, including outsourced
staff, in the previous financial year ended on 31st March plus an additional
amount towards contingency, operation and maintenance costs, rent, debt
servicing/ depreciation, etc, and the likely cost increase during the period
between the previous financial year and the ensuing academic year Explanation.--
For the purpose of this sub-rule, the salary expenditure may include as
applicable.-- (a)
Contribution towards Provident Fund,
EST made by the management; (b)
Encashment benefit, medical allowance,
conveyance allowance and other such allowance, if any, given to the staff of
the institution; and (c)
Concessions to weaker sections or any
special activity related to academic or extra co-curriculum improvements, (ii)
The additional amount shall not be
more than the value arrived on applying such percentage on the actual salary
expenditure in the previous financial year ended on 31st March referred in
clause (i) as specified in column (3) of the Table below, based on geographical
location of the institution specified in column (2) thereof: TABLE Sl. No. Geographical Location of Institution and Areas Percentage of additional amount on Actual Salary Expenditure (1) (2) (3) 1. Grama Panchayat/Town Panchayat/Town Municipal Council Seventy per cent 2, City Municipal Council Eighty per cent 3. Municipal Corporation other than BBMP Ninety per cent 4. Bengaluru Bruhat Mahanagara Palike One hundred per cent (iii)
The Normative Net Expenditure (NNE)
for the ensuing academic year shall be computed based on the Normative Total
Expenditure (NTE) under clauses (i) and (ii) of sub-rule (3) minus the total
of.- (a)
any money received under sub-rule (3)
of Rule 6 for the purpose of supporting recurring expenditure on teaching
activities; (b)
the term fee collected under
sub-clause (ii) of clause (a) of sub-rule (3) of Rule 10 during the previous
financial year ended on 31st March; and (c)
the special development fee collected
under clause (c) of sub-rule (3) of Rule 10 during the previous financial year
ended on 31st March, (iv)
The total tuition fee proposed to be charged
from all the students put together other than the students admitted under item
(c) of sub-section (1) of Section 12 of the Right of Children to Free and
Compulsory Education Act 2009 (Central Act No. 35 of 2009) as per the fee
structure disclosed under sub-rule (1) shall not exceed the Normative Net
Expenditure (NNE), computed under item (iii) of sub-rule (3): Provided
that the total number of students for purpose of this sub-rule shall be the
maximum number of students, other than the students admitted under clause (c)
of sub-section (1) of Section 12 of Right of Children to Free and Compulsory
Education Act 2009 (Central Act 35 of 2009), on the rolls of the educational
institution during the previous academic year ended on 31st May. (v)
The total tuition fee proposed to be
charged from all the students put together, other than the students admitted
under clause (c) of sub-section (1) of Section 12 of the Right of Children to
Free and Compulsory Education Act, 2009 (Central Act 35 of 2009), in the ensuring
academic year shall not be more than fifteen per cent over and above the total
tuition fee charged during the current academic year. (vi)
Subject to compliance with clauses
(iv) and (v) above, a private unaided educational institution shall have the
flexibility to opt for varying tuition fee for different classes. (4)
In addition to the tuition fee, a
private unaided educational institution may charge a term fee under sub-clause
(ii) of clause (a) of sub-rule (3) of Rule 10, not exceeding ten per cent of
the tuition fee. Such term fee will cover all co-curricular activities,
examination fee, lab fee, sports fee, culture event fee, fee for activities
complementary to regular teaching and any other activity specified by
notification. (5)
Notwithstanding the disclosure made by
a private unaided educational institution under sub-rule (1), Primary and
Secondary Education Department may cause a special audit of the finances and
fee computations of the institution in the manner specified through a
notification. In
Rule 6 of the said rules, in sub-rule (1), in the table, for figure
"25-00", wherever they occur, the figure "50-00""
shall be substituted. After
Rule 6 of the said rules, the following shall be inserted, namely.-- "7. Fine for violation.-- For
violation of any of the provisions of these rules or the Karnataka Educational
Institutions (Classification, Regulation and Prescription of Curricula, etc.)
Rules, 1995, the Private Unaided Educational Institutions are liable for
penalties as specified in Section 7 of the Karnataka Educational Institutions
(Prohibition of Capitation Fee) Act, 1984 and the fine as specified under
clause (a) of sub-section (2) of Section 13 of the Right of Children to Free
and Compulsory Education Act, 2009 (Central Act 35 of 2009), in addition to the
action under Section 39 of the Karnataka Education Act, 1983 (Karnataka Act 1
of 1995), for withdrawal of recognition."KARNATAKA EDUCATIONAL INSTITUTIONS
(REGULATION OF CERTAIN FEES AND DONATIONS) (AMENDMENT) RULES, 2018
PREAMBLE