THE KARNATAKA EDUCATION (SECOND AMENDMENT) ACT, 2017
KARNATAKA ACT NO. 25 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the Twenty Second day of April, 2017)
THE KARNATAKA EDUCATION (SECOND AMENDMENT) ACT, 2017 (Received the assent of the Governor on the Eighteenth day of April, 2017
An Act further to amend the Karnataka Education Act, 1983. Whereas it is expedient further to amend the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995) for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty eighth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Education (Second Amendment) Act, 2017.
(2) It shall come into force at once.
2. Amendment of section 1.- In the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995) (hereafter referred to as the principal Act), in section 1, in sub-section (3), for clause (iiia), the following shall be substituted, namely:-
"(iiia) Educational Institutions affiliated to or recognized by the Council of Indian School Certificate Examination or Central Board of Secondary Education respectively but subject to condition that the provisions of section 5A, 48, 112A and 124A of this Act shall continue to apply to these institutions."
3. Amendment of section 1..- In section 2 of the principal Act, after clause (11), the following shall be inserted, namely:-
"(11A) "District Education Regulatory Authority" means an authority constituted under the Chairmanship of the Deputy Commissioner of a district with composition, role, functions and powers as may be prescribed by rules."
4. Insertion of new section 5A.- After section 5 of the principal Act, the following shall be inserted, namely:-
"5A. Safety and security of students.- Every educational institution and an employee of such educational institutions shall take such measures to ensure safety and security of students including protection from sexual offences, in the manner as may be prescribed."
5. Insertion of new section 112A.- After the heading of Chapter XVII of the principal Act, before section 113, the following shall be inserted, namely:-
"112A. Penalty for contravention of section 5A.- (1) Any employee or member of the management of an educational institution who contravenes section 5A shall on conviction, be punished with imprisonment for a minimum term of six months and with a fine which may extend to one lakh rupees.
(2) Whenever any educational institution is found to be in contravention of section 5A in an enquiry conducted, after giving an opportunity of being heard, by the District Education Regulatory Authority, it shall impose a penalty which may extend to ten lakh rupees.
(3) The District Education Regulatory Authority after such enquiry has found that any educational institution has contravened the provisions of section 5A shall also recommend to the competent authority or concerned authority for withdrawal of recognition or affiliation to such institution."
6. Insertion of new section 124A.- After section 124 of the principal Act, the following shall be inserted, namely:-
"124A. Penalty for contravention of section 48.- Any educational institution is found guilty of contravention of provisions of section 48 in an enquiry conducted, after providing an opportunity of being heard, by the District Education Regulatory Authority, it shall impose a penalty which may extend to ten lakh rupees and also direct for refund of amount so collected by the institution in excess of the amount prescribed under section 48.”
7. Insertion of new section 125A.- After section 125 of the principal Act, the following shall be inserted, namely:-
"125A. Penalty for contravention of sections 88, 89 and 90.- Any educational institution is found guilty of contravention of either of sections 88, 89 and 90 in an enquiry conducted, after giving an opportunity of being heard, by District Education Regulatory Authority, it shall impose a penalty which may extend to five lakh rupees."
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