(1) The Karnataka Compulsory Primary Education Act, 1961 (Karnataka Act 9 of 1961) and the Karnataka Private Educational Institutions (Discipline and Control) Act, 1975 (Karnataka Act 10 of 1975) are hereby repealed.
(2) Notwithstanding such repeal, any act or thing done under the said Act shall be deemed to have been done under this Act and may be continued and completed under the corresponding provisions of this Act.
(3) Notwithstanding anything contained in this Act, all rules, orders, notifications, Grant-in-aid Codes, appointments, schemes, bye-laws, regulations, official memoranda-circulars or any other orders made or issued before the commencement of this Act and in force on the date of such 71 commencement providing for or relating to any of the matters for the furtherance of which this Act is enacted shall continue to be inforce and effective as if they are made under the corresponding provisions of this Act unless and until superseded by anything done or any action taken or any notification, Grant-in-aid code, rule, order, appointment. scheme, bye-law, regulation, official memorandum, circular or any other order made or issued under this Act.
SCHEDULE I Amendment of the Karnataka Secondary Education Examination Board Act, 1966 (Karnataka Act 16 of 1966) In the Karnataka Secondary Education Examination Board Act, 1966 (Karnataka Act 16 of 1966),-
(1) in section 2, after clause (d), the following clause shall be inserted:- "(da) 'Director' means the Director of the Board;"
(2) in section 4,-
(a) in sub-section (1) at the end, the following shall be inserted namely:- The Commissioner for public Instruction shall ex-officio be the Chairman of the Board;
(b) In sub-section (2) for the words Chairman and Joint Director the words "Director:" and "Additional Director" shall respectively be substituted:
(c) In sub-section (3), for the words The Joint Director of Public Instruction, incharge of secondary education the word "Director" shall be substituted;
(d) in sub-section (4),-
(i) after clause(d), the following clause shall be inserted namely:- "(da) Director of Text Books or his nominee".
(ii) in clause (e) for the word "seven" the word "eight" shall be substituted and after the words Sanskrit Education, a comma and the words "State Education Unit" shall be inserted:
(3) in sub-sections (2), (3) and (4) of section 17, section 18, section 19, section 20 1[and section 21]1, for the word "Chairman" wherever it occurs, the word "Director" shall be substituted;
(4) in section 17, in sub-section (4), for the words"The Director of Public Instruction" the words "The Chairman" shall be substituted; and
(5) In section 36, section 37 and section 38, for the words "Vice- Chairman" the words "Director or Vice Chairman" shall be substituted.
1. Substituted for section 21 and section 38 by Act No. 13 of 2003 we.f. 1.6.1995
SCHEDULE II
1. Any examination conducted by or under the authority of any University established by an Act of the State Legislature.
2. Any examination conducted by or under the authority of the Karnataka Secondary Education Examination Board.
3. Any examination conducted by the Karnataka State Board of Technical Education.
4. Any examination conducted by the Karnataka Pre-University Education Borad.
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5. Any examination conducted by the State Council for Vocational Education.
NOTIFICATION Bangalore, dated 30th May, 1995 [No.ED 2 MES 95].
S.O. 522.- In exercise of the powers conferred by sub-section (4) of section 1 of the Karnataka Education Act 1983, (Karnataka Act no. 1 of 1995) the Government of Karnataka hereby appoints the 1st day of June 1995 to be the day from which all provisions of the said Act shall come into force.
By order and in the name of the Governor of Karnataka, M.Pankaja Special Officer & Ex-Officio Deputy Secretary to Government, Education Dept (Planning) (Published in Karnataka Gazette Part IV 2c (ii) No. 761 dated 30.5.1995.)
***** 73 KARNATAKA ACT NO. 04 OF 2015 (First Published in the Karnataka Gazette Extra-ordinary on the Ninth day of January, 2015) THE KARNATAKA EDUCATION (AMENDMENT) ACT, 2014 (Received the assent of the Governor on the Seventh day of January, 2015) 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;
Whereas the State Government has admitted several Private Educational Institutions for grant in aid to improve the standard of education and reduce the burden of management by giving salary grant to teaching and non-teaching staff.
Whereas no departmental examinations or Kannada language examinations were prescribed for employees in educational institutions receiving maintenance grant from State Government.
Whereas the teaching staff in private management institutions admitted to grant-in-aid, claim extension of benefit of one increment for having passed SSLC examination with Kannada as a language or Kannada Language Examination, on par with the pay and emoluments of Government servants is upheld in W.P Nos.13715/2006 c/w W.P Nos. 17236/2008 and 10111-10681/2009 dated 30.06.2009 and Writ Appeal No. 4255/2009 and 4556-5155/2009 dated 25.03.2010. Accordingly Government has issued order No.ED 302 PMC 2006, dated 25.03.2011.
Whereas the Government order dated 25.03.2011 was challenged in W.P No. 19846-20413/2012. The Hon'ble High Court of Karnataka allowed the said petition on 10.08.2012, with directions to keep in view the service particulars of the petitioners herein and calculate the additional increment payable to the petitioners as has been done in the case of teaching and non-teaching staff working in Government schools, who are similarly placed.
Whereas the state filed appeals against the order dated 10.08.2012 made in W.P Nos.19846-20413/2012, in Writ Appeal No. 2779 and 4868- 5434/2013. The Hon'ble High Court has dismissed the said appeals on
28.08.2013.
And, whereas the state of Karnataka preferred the appeal in the Hon'ble Supreme Court in Special Leave Petition No. 38205-38772/2013.
Whereas C.C.C.No. 648/2013 was filed before the Hon'ble High Court to implement the decision of Judgment delivered in W.P.No.19846- 20413/2012 dated 10.08.2012. The petition was allowed by giving 15 days time to implement the said orders. Since, Service examination or Kannada Language Examination is not made obligatory for aided school employees, there appears no justification in sanction of additional increment for having passed service or Kannada Language examination to aided institution employees. Government had never contemplated this at any point of time.
However, Government has issued order No. ED 286 PMC 2013, dated
11.11.2013 implementing the order dated: 10.08.2012 of the Hon'ble High Court, subject to the Order of the Hon'ble Supreme Court in S.L.P. Nos.
74 38205-38772/2013 which resulted in huge financial implication on the consolidated fund of the State.
The above said Special Leave Petition Nos. 38205-38772/2013 were dismissed on 06.01.2014.
Now therefore, it is considered necessary to review the matter and since no Service examinations or Kannada Language Examination has been prescribed for the employees of aided Educational Institutions the Government decided not to extend the additional increment payable to the employees working in aided educational institutions as has been done in the case of employees working in Government Schools and for the matters connected therewith or incidental thereto for the purposes hereinafter appearing;
Be it enacted by the Karnataka State Legislature in the sixty fifth year of the Republic of India, as follows:-
1. Short title and commencement.- (1) This Act may be called the Karnataka Education (Amendment) Act, 2014.
(2) It shall be deemed to have come into force with effect from 1st day of June 1995.
Section 87 is Incorporated in the Principal Act
3. Cancellation of sanction of Additional increment and extinguishment of claims, if any.- (1) Notwithstanding anything contained in the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995), any order of the State Government or rules governing the conditions of employees of any Private aided Educational Institution or any other Law governing the Grant in aid to the above employees or any Judgment, decree or order of any Court or Tribunal or Authority no employees of an aided institution is required to pass any Service or Kannada Language examination or be eligible for or be granted any additional increment for having passed or deemed to have been passed any such examination as prescribed to Government Servants in the Karnataka Civil Services (Service and Kannada Language examination) Rules, 1974 and any claim of an employee of a Private Educational Institution for sanction of any additional increment for the above reason shall stand extinguished, accordingly,-
(a) the order issued by Government directing to sanction any additional increment for the above reason shall stand cancelled;
Provided that any amount paid as per the order now cancelled towards said additional increment shall not be recovered;
(b) no suit or other proceeding shall be maintained or continued in any Court against the Government by any employee of Private Aided Educational institution claiming additional increment for the said purpose or arrears thereof or for pensionary benefits by reckoning the said additional increment;
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(c) no Court shall enforce any decree or order directing release of grant in aid taking into account the additional increment for having passed or deemed to have been passed the Service examination or the Kannada Language Examination by an employee of Private aided Educational Institution.
4. Repeal and savings.- (1) The Karnataka Education (Amendment) Ordinance, 2014 (Karnataka Ordinance No.1 of 2014) is hereby repealed.
(2) Notwithstanding such repeal anything done or any action taken under the Principal Act as amended by the said Ordinance shall be deemed to have been done or taken under the principal Act as amended by this Act.
By Order and in the name of the Governor of Karnataka, S.B. GUNJIGAVI Secretary to Government Department of Parliamentary Affairs.
***** KARNATAKA ACT NO. 18 OF 2017 (First Published in the Karnataka Gazette Extra-ordinary on the Sixth day of April, 2017) THE KARNATAKA EDUCATION (AMENDMENT) ACT, 2017 (Received the assent of the Governor on the Third 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 (Amendment) Act, 2017.
(2) It shall come into force at once.
Sections 21,23, 115,118,122 and new section 24A and 121A are incorporated in the Principal Act.
**** 76 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.
Sections 1, 2 , 5A,112A,124A and 125A are incorporated in the Principal Act.
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