Karnataka Educational Institutions (Regulation of certain fees and donations) Rules, 1999

[14 March 2000]

Whereas the draft of the Karnataka Educational Institutions (Regulation of certain fees and Donations) Rules 1999 was published as required by sub section 1 of section 145 of the Karnataka Education Act 1983 (Karnataka Act 1995) in Notification No ED 39 ViViDa 1999dated 9th August 1999, in part 4 section 2? c (i) of Karnataka Gazette extraordinary dated 9th August 1999 Inviting objections and suggestions from the person likely to be affected thereby.

Whereas the said Gazette was made available to the public on 9th August 1999.

And where as the objective of the said rules is to introduce a system of transparency

Openness and accountability in the matter of collection of notified fees for admission of students to unaided institutions and to prevent diversion of funds collected for purpose other than school development.

And whereas objections and suggestions received in this regard have been considered by the Government. Now therefore in exercise of the powers conferred by section 48, 51 read with section 145 of the Karnataka education act, 1983 (Karnataka Act 1 of 1995) the government of Karnataka hereby makes the following rules namely:-

Rule - 1.Title and Commencement :-

(1)     These rules may be called the Karnataka Educational Institutions (Regulation of certain fees and donations) Rules, 1999.

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

(3)     They shall be applicable to all private unaided primary, secondary and pre-university institutions in the state of Karnataka.

Rule ? 2. DEFINITION:-

In these rules, unless the context otherwise, requires:-

(a)      ?Act ?means the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995)

(b)      ?Section? means a section of the act.

Rule ? 3. Regulations of Donations etc:-

No donation or voluntary donation or any money by whatever name called shall be received by the Educational Institutions, other than prescribed fee as notified by the management before during or after admission and during entire stay of the student in the concerned educational institutions from parents or any person in connection with such admission. No donation made in connection with any admission shall be construed as voluntary donations, for the purpose of section 48 and 51 of the Act.

Explanation:- For the purpose of this rule, parents or persons, include (1) brother, sister, guardians or any other institutions by whatever name called in which the person or the parents have any proprietary rights or a manager or director of such institutions.

Rule ? 4. Fees in unaided Private Educational Institutions:-

(1)     Not with standing anything contained in any rules made in this behalf and in lieu of tuition fee charged under rule 10(2)(b)(ii) of the Karnataka Education institutions ( Classification, Regulation prescription of curricular etc)Rules 1995 , the maximum tuition fee in respect of private unaided educational institutions shall be fixed taking into consideration the salary expenditure on teaching and non teaching staff plus 30% of the salary expenditure towards contingency and maintenance costs divided by total number of students.

Provided that the salary expenditure includes contribution towards Provident fund by the management, encashment benefit LTC/HTC benefits medical allowance conveyance allowance if any given to the staff of the institution.

Provided further that the total number of students for calculation of the quantum of fees shall be the actual number of students on roll at the end of the previous academic year and the sanctioned intake in respect of approved additional sections if any for the ensuring year namely the year for which the fees is being notified.

(2)     And provided further that the above fees shall be collected by the management in addition to the special development fees and term fees stipulated in the Karnataka educational Institutions (Classification, Regulation and Prescription of curricula) Rules 1995.

(3)     the salary expenditure shall be as per the audited account of the management subject to the limitation of pay scales prescribed by Government as well as the prescribed staffing pattern and it has to be cross verified with reference to aquittance roll, Bank Account of the employee and Attendance Register.

Rule ? 5. Provision for meeting capital expenditure incurred by the education institutions:-

The management may also collect amounts towards construction and expansion of the building for the school in which the student is studying and for purchase of equipment for establishment of a computer centre/ laboratory.

Provide that such amount duly notified shall be collected only once at the time of the initial admission of the child to the institutions irrespective of the standard to which the child is admitted and irrespective of the number of years spent in the school.

Provided that collection of amount for construction and expansion of building and for establishment of computer centre shall under no circumstances exceed the total annual tuition fee notified and collected under Rule 4.