THE KARNATAKA PROFESSIONAL EDUCATIONAL INSTITUTIONS (REGULATION OF ADMISSION AND DETERMINATION OF FEE) (AMENDMENT) ACT, 2017
KARNATAKA ACT NO. 22 OF 2017
(First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of April, 2017)
(Received the assent of the Governor on the Third day of April, 2017)
An Act further to amend the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006.
Whereas, it is expedient further to amend the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006) 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 Professional Educational Institutions (Regulation of Admission and Determination of Fee) (Amendment)
Act, 2017.
(2) Section 1 and 5 shall come into force at once and remaining provisions shall come into force on such date as the State Government may, by notification, in the official Gazette, appoint.
2. Amendment of section 2.- In the Karnataka Professional Educational Institutions (Regulation of Admission and Determination of Fee) Act, 2006 (Karnataka Act 8 of 2006) (hereinafter referred to as the principal Act), in section 2,-
(a) after clause (f), the following proviso shall be inserted, namely:-
"Provided that, in case Government of India or its agency conducts Common Entrance Test for any course the merit determined in such test shall be considered for making admission to such course."
(b) in clause (jj),-
(i) the words "conducted by association of non- minority or minority Private unaided Professional Education Institutions", shall be omitted; and
(ii) after clause (jj), as so amended the following shall be inserted, namely:-
"Provided that in case the Government of India or its agency conducts such Common Entrance Test then Centralized Counseling shall be conducted by such agency and in such manner as may be prescribed."
(c) in clause (n),the words “and includes persons of Indian origin and overseas citizen of India”, shall be inserted at the end.
(d) in clause (q), for the words "affiliated to an university" the words "affiliated to an university and includes private universities of the State" shall be substituted.
(e) for clause (s), the following shall be substituted, namely:-
"(s) "Reserved seats" means the seats reserved in Government colleges, constituent colleges of Universities, private aided and unaided professional educational institutions private universities in favour of persons belonging to the Scheduled Castes, the Scheduled Tribes and Other Backward Classes or Karnataka Students as may be notified by the State Government;"
3. Amendment of section 3.- In section 3 of the principal Act,-
(a) in sub-section (1), in the proviso, after the words "Private Unaided Professional Educational Institutions", occurring in two places the words "and Deemed University Institutions" shall be inserted;
(b) in sub-section(2),-
(i) for the words "Government Seats", the words "all seats" shall be substituted; and
(ii) after sub-section (2), the following proviso shall be inserted, namely:-
"Provided that in respect of any Professional Courses where Government of India or any of its agency conducts Common Entrance Test then Centralized Counseling shall be conducted by such agency as may be notified by the State Government for admission to all Government seats or seats in private unaided Professional Educational Institutions and for Professional Courses in deemed University on the basis of merit secured by the candidates in the Common Entrance Test."
(c) in sub-section(6),-
(i) the word "Government" shall be omitted; and
(ii) after sub-section(6), the following proviso shall be inserted, namely.-
"Provided that where Government of India or any of its agency conducts Common Entrance Test to any Course then the State Common Entrance Test Committee need not conduct Common Entrance Test but Centralized Counseling for all admission to Professional Courses in Government or Private unaided and deemed University Institutions shall be conducted by such agency and in such manner as may be prescribed."
4. Substitution of section 4.- For section 4 of the principal Act, the following shall be substituted, namely:-
"4. Method of Admission in Unaided Professional Educational Institutions.- All seats in unaided professional educational institutions whether minority or non-minority imparting professional education in any discipline shall make admission through Common Entrance Test conducted by the State Common Entrance Test Committee:
Provided that in case Government of India or its agency conducts Common Entrance Test for any Professional Course then for such Courses, Centralized Counseling for admission shall be conducted by such agency and in such manner as may be prescribed."
5. Amendment of section 4A.- In section 4A of the Principal Act, in sub-section (1),-
(i) in clause (D),-
(a) in sub-clause (ii) for the words "sixty percent" the words "fifty five percent" shall be substituted; and
(b) in sub-clause (iii) for the words "twenty percent" the words "twenty five percent" shall be substituted.
(ii) after the proviso, the following proviso shall be inserted, namely:-
"Provided further that, in case the Government of India or its agency conducts common entrance test to any course of professional education the centralised counselling for allotment of seats shall be conducted by such agency as may be prescribed.
Provided also that, not less than thirty percent of the institutional seats shall be filled by Karnataka Students and if sufficient number of Karnataka students are not available such seats may be filled by others.”
6. Amendment of sections 4B.- In section 4B of the principal Act,-
(a) after sub-section (2) the following proviso shall be inserted, namely:-
"Provided that, in case Government of India or its agency conducts Common Entrance Test for any of the Professional Educational Courses then for such Professional Educational Courses, the Deemed Universities shall make admission on the ranking secured in that Test but the Centralized Counselling shall be conducted by such agency and in such manner as may be prescribed for admission in such Deemed University Institutions."
(b) after sub-section (3), the following proviso shall be inserted, namely:-
"Provided further that, in case the Government of India or its agency conducts common entrance test to any course of professional education the centralised counselling for allotment of seats shall be conducted by such agency as may be prescribed on the basis of merit drawn from common entrance test. In case deemed universities fail to constitute association of deemed Universities counselling shall be done by such agency and in such manner as may be prescribed."
7. Amendment of section 5.- In section 5 of the principal Act, in sub-section (7), for the words "shall specify the standard and procedure" the words "shall enforce the standards and procedures as may be prescribed by State Government" shall be substituted.
8. Amendment of section 9.- In section 9 of the Principal Act,-
(a) in clause (ii),-
(i) in sub-clause (b), after the words "belonging to the Non – Resident Indian Quota" the words "and fifty percent of the remaining seats shall be filled by the Karnataka students" shall be inserted;
(ii) in the first proviso for the words "State Common Entrance Test Committee" the words "State Common Entrance Test Committee or Common Entrance Test conducted by the Government of India or its agency as the case may be" shall be substituted; and
(iii) in the second proviso the words "conducted by Association of unaided Private Professional Educational Institutions" shall be omitted.
(b) in clause (iii),-
(i) in sub-clause (a), the words "of the association of Private Professional educational institutions" shall be omitted.
(ii) in sub-clause (b), after the words "belonging to the Non – Resident Indian Quota" the words "and fifty percent of the remaining seats shall be filled by the Karnataka students" shall be inserted;
(iii) in first proviso, the words "or the Government of India or its agency as the case may be" shall be inserted at the end; and
(iv) in the second proviso, the words "conducted by the association of Unaided Private Professional Educational Institutions" shall be omitted.
(c) in clause (iv), for the words "specified by admission Overseeing Committee", the words "as may be prescribed" shall be substituted.
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