(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No: SDEL 79 ITA 2021 Karnataka Government Secretariat
Multistoried Building
Bengaluru, Dated:19/01/2023.
NOTIFICATION
The draft of the Karnataka Educational Institutions (Recognition of Minority
Educational Institution Terms and Conditions)(Technical Education) Rules, 2022
which the Government of Karnataka proposes to make in exercise of the powers
conferred by section 145 of the Karnataka Education Act, 1983 (Karnataka Act 1
of 1995) is hereby published as required by sub-section (1) of section 145 of the
said Act for the information of all persons likely to be affected thereby and notice
is hereby given that the said draft will be taken into consideration after fifteen days
from the date of its publication in the Official Gazette.
Any objection or suggestion which may be received by the State Government
from any person with respect to the said draft before the expiry of the period
specified above will be considered by the State Government. Objections and
suggestions may be addressed to the Principal Secretary to Government, Skill
development, Entrepreneurship and Livelihood Department, M.S. Building, Dr. B.R
Ambedkar Veedhi, Bengaluru– 560 001.
DRAFT RULES
1.
Title and commencement.-(1) These rules may be called the Karnataka
Industrial Training Institution (Recognition of Minority Educational Institutions
Terms and Conditions)(Technical Education) Rules,2022.
(2) They shall come into force from the date of their final publication in
the Official Gazette.
2. Definition.- (1) In these rules unless the context otherwise requires,-
(a) ‘Act’ means the Karnataka Education Act, 1983 (Karnataka Act 1
¨sÁUÀ – 4
Part – IV A
, 19
2023(¥ÀĵÀå 29
1944)
BENGALURU, THURSDAY, 19, JANUARY, 2023(PUSHYA, 29, SHAKAVARSHA, 1944)
. 31
No. 31
2
of 1995);
(b) “Form’” means form appended to these rules;
(c) “Industrial Training Institution” means an institution imparting
Technical Education affiliated to the National Council for Vocational
Education Training for imparting craftsman training according to the
norms specified in the Training Manual published by the Director General
Training, New Delhi;
(d) “Minority” means a community notified under the provisions of
the National Commission for Minority Educational Institutions Act, 2004
(Central Act 02 of 2005) ;
(e) “Minority Educational Institution” means minority educational
institutions as defined in clause (21) of section 2 of the Karnataka
Education Act 1983 (Karnataka Act 1 of 1995);
(f) “Section” means a section of the Act; and
(g) “Screening committee” means the screening committee constituted
under sub-rule (9) of rule 5.
(2) All other words and expressions used herein but not defined and
defined in the Act shall have the same meaning as respectively assigned to
them in the Act.
3. Competent Authority to declare Minority status.- The Secretary to
Government or the Principal Secretary or Additional Chief Secretary to
Government, Department of Skill Development, Entrepreneurship and
Livelihood shall be the Competent Authority for declaration of
Religious/Linguistic Minority status to Industrial Training Institutions
offering one/two year National Council for Vocational Education and
Training courses affiliated to the Directorate General of Training, New
Delhi at Industrial Training Institutions level.
4. Eligibility Criteria for Recognition.- (1) Those Industrial Training
Institution which have been declared as a Minority Educational Institution
by the department or by the State Government by a specific order or by
the National Commission for Minority Educational Institutions, New Delhi,
or by the order of any Court need not apply again for declaration of
minority status under these rules, but have to file periodical reports on
compliance of conditions specified in sub-rule (5) and (6) and regarding
any change in Management Committee or Governing Council of the
Institution.
3
Provided that, such Industrial Training Institution shall be subjected
to compliance of rule 10 and for renewal the provisions of rule 12 and for
periodical review by the competent authority about the compliance of the
conditions specified in sub-rule (5) and (6).
(2) The new Industrial Training Institution applying for the Minority
status shall be registered under the Act or as a Trust under the Bombay
Public Trust Act, 1950 as a Society under the Karnataka Societies
Registration Act, 1960(Karnataka Act 17 of 1960) or under any other
relevant law. The institution shall indicate in its bye laws or rules that it
has been formed to serve the interest of the minority community to which
it belongs.
(3) An Industrial Training Institution established by a Religious
Minorities notified by the Government of India and the Government of
Karnataka, shall be eligible to apply for declaration of minority status to
such Industrial Training Institution as Religious Minority Educational
Institution.
(4) An Industrial Training Institution established by the linguistic
minorities shall be eligible to apply for the declaration of minority status
to such institutions run by them, as Linguistic Minority Industrial Training
Institution.
(5) At least two-third of the trustees or members of the managing
committee of the Society of the Industrial Training Institution shall belong
to the Minority.
(6) Not less than Fifty percent of the children enrolled in the said
Institution shall belong to the said minority community to which applicant
the institution belongs to, out of which at least Seventy Five Percent of
students shall be from Karnataka.
(7) Subject to the provisions of Article 29(2) and Article 30 of the
Constitution of India, an Industrial Training Institution shall provide forty
percent seats in its total intake to the Government.
5. Procedure for declaration of minority status:- (1) The Industrial
Training Institution seeking declaration of minority status as a Religious
or Linguistic Minority Educational Institution, shall apply to the
competent authority in Form-A, along with documents specified in rule 7
indicating specifically whether they are seeking declaration of minority
status either as Religious or Linguistic Minority Educational Institution,
along with the attested photo copies of the relevant documents to prove
that such Institution has fulfilled the conditions specified in rule 4 and 6.
4
(2) Non Judicial Court Fee stamp of Rupees five hundred only shall be
affixed on each application.
(3) New Industrial Training Institution which seek declaration of
minority status shall pay non-refundable processing fee of Rupees ten
thousand only. The fee shall be paid by a Demand Draft in the name of the
Commissioner of Industrial Training and Employment.
(4) The Applicant Educational Institution shall also file a notarized
affidavit in Form-B on Non Judicial stamp paper of Rupees two hundred
only.
(5) The members of the Governing Council and the managing committee
shall produce community/linguistic certificate to which they belong issued
by the Tahasildar in the prescribed form.
(6) Details of the students belonging to Minority studying in that
institution along with relevant certificate.
(7) The application received by the Competent Authority shall be
scrutinized by the Commissioner of Industrial Training and Employment
on the day of submission of the application itself. The incomplete
applications and applications not filed in the prescribed form, without the
prescribed fees or without supporting documents shall be informed to the
applicant during preliminary scrutiny and acknowledgement and if
applicant still pursues the application, rejection of application due to
incomplete information or document shall be informed to the applicant in
writing within sixty days from the date of application through the
Competent Authority.
(8) In case where applications are accepted the Commissioner of
Industrial Training and Employment shall constitute a Verification
Committee headed by an officer not below the rank of Joint Director and
two other members including a woman member from the cadre of Principal
Grade-I, which shall visit the concerned Institution and verify the
documents and actual position, as per the check list prescribed in Form-
“C” and the application along with recommendations shall be submitted to
the Commissioner of Industrial Training and Employment within twenty
days, form the date of receipt. The Commissioner shall verify the proposal
as per the check list processed by the Verification Committee, pass
remarks and submit to the Government within ten days from the receipt
of the report of verification Committee.
(9) There shall be a Screening Committee at Government Level of
applications recommended by the Commissioner for verification or
enquiry which shall consist of the following members, namely:-
5
Designation
1)Deputy/Joint/Additional
Secretary
to
Government,
Department
of
Skill
Development,
Entrepreneurship
and
Livelihood
Chairman
2) The Under Secretary, Department of Skill
Development, Entrepreneurship and
Livelihood.
Member
Secretary
3) The Under Secretary, Minority Welfare
Department
Member
(10) The Screening Committee shall review claims of minority status of
the applicant and submit the proposal to the competent authority within 2
months from the date of receipt of application.
(11) The Screening committee in case of any matter to be enquired /
verified shall entrust or authorize the concerned Joint Director to verify
the actual position. The concerned Joint Director shall verify the factual
position as observed by the screening committee, and shall submit the
report in Form-“D’.
(12) The Competent Authority shall hear the Applicant Institution,
through its authorized representatives, with prior notice of at least ten
days, before deciding the application. The Applicant shall be required to
furnish all information at the time of the hearing of the application, which
are required to be furnished while filing the application under sub-rule (5)
and (6).
(13) After hearing the Applicant, the competent authority may issue a
certificate in Form-E.
(14) In case of rejection, the Competent Authority shall issue a speaking
order to the applicant institution recording the reasons for rejection.
(15) The Competent authority shall decide the status of the minority
Institution and the decision shall be communicated to the Applicant within
a period of 40 days from the date of receipt of the proposal from the
Screening Committee.
6. Terms and Conditions for the declaration of minority Industrial Training
Institution:- (1) The declaration of Minority status shall be accorded to
each Industrial Training Institution and not to the Parent Trust or Body.
(2) The Applicant Institution shall abide by all the criteria indicated in
rule-4. Any change in the composition of the trust or society or
management committee or shortfall in the intake of Minority Students
shall be intimated to the Competent Authority within fifteen days of such
a change being affected.
6
(3) Managements having headquarters outside Karnataka are not
entitled to claim linguistic minority status in Karnataka.
7.
Copies of Documents to be attached with application - The
following documents shall be attached with the application:-
(1) Attested Photo Copy of Trust Deed or Society Registration;
(2) Attested photo copy of schedule indicating the names of the original
Trustees/members of Managing committee;
(3) Attested photo copy of change report if any, regarding change in
the names of Trustees/members of Managing Committee;
(4) Proof of Religious affiliation or linguistic background of the
Trustees/members of managing Committee such as baptism certificate,
school leaving certificate etc.,
(5) Proof of running educational institution, by the applicant trust/
Society;
(6) An affidavit by the Industrial Training Institution to ensure that
fifty percent of the children enrolled in the said institution belong to the
minority community of the applicant institution; and
(7) Attested photo copy of the admission register or extract of the
admission register of the Industrial Training Institution which indicate the
religious or Linguistic status of the children.
8. Procedure for review of minority status to the existing institution.- (1)
Industrial Training Institution which have been declared or deemed to
have been declared as Minority institutions by the Government or by the
Commissioner
Industrial
Training
and
Employment
before
the
commencement of these rules shall file a periodical report on the change
of the management or governing council and regarding compliance of sub-
rule (5) and (6) of rule 4.
(2) The Institution shall send the proposal to the Commissionerate
before the end of November of an academic year. The Commissionerate
shall scrutiny the application and send report to the Competent Authority
before the end of January of an academic year. The Competent Authority
will issue the minority status to the institution before the end of March of
an academic year.
9.
Filing of Returns by Minority Industrial Training Institution.-
On the completion of the admission process, every year every Minority
Industrial Training Institution declared as minority institution under these
provisions, shall file a return through the Commissioner Industrial
Training and Employment within fifteen days with the breakup of girls and
boys, admitted belonging to minority and non-minority.
7
10.
Redressal of grievance.- If any complaint is received by the State
Government with regard to the veracity of the Minority status of an
Institution which has been declared as religious/linguistic minority
institution under these rules, or as regards injustice to any minority
student in the admission process, or any such matter, the Competent
Authority may enquire into the matter by giving a reasonable opportunity
of being heard, to the institution concerned, by conducting a hearing and
examining the parties and verifying the records of the institution or cause
the matter to be enquired into by the Commissioner. The issue of notices
of enquiry to all the concerned parties shall be followed by the hearing of
the applicant Institution, taking the evidence from the affected parties and
checking the records of the institution etc. The Commissioner shall then
submit a report to the Competent Authority who shall then pass necessary
speaking orders in the matter.
11.
Grounds for Revoking status of minority.- The declaration of
Religious or Linguistic Minority Educational status to an Institution once
accorded, can be revoked any time on the following grounds namely:-
(1)
When the Institution has obtained the status of minority by
submitting false information to the Competent Authority.
(2)
Non-filling of Returns under Rule-9;
(3)
Violations of any of the provisions of Sub-rule (2), (3), (4), (5) and
(6) of rule-4;
(4) If a complaint is received by the Government as regards the veracity
of the Minority status or the fraudulent admission process adopted by the
institution to the detriment of the concerned Minority Community
students and the complaint is found to be true on enquiry.
Provided that, it shall be necessary for the Competent Authority to hear
the Institution before passing any orders of Revocation of declaration of
status of minority.
12.
Appeals against orders of the Competent Authority.- An appeal
shall lie the National Commission for Minority Educational Institutions,
New Delhi, against any order passed by the Competent Authority rejecting
the declaration of Minority status or revoking the declaration of Minority
status to an Industrial Training Institution in Karnataka or any order
passed in terms of these rules.
8
13.
Procedure for the renewal of minority status certificate.-(1) The
tenure of minority status certificate of Industrial Training Institution shall
be valid for five years from the date of issue or whenever there is
change/transfer of management or relocation of the management or the
non-compliance sub-rule (5) and (6) of rule 4 as the case may be,
whichever is earlier the institution shall apply for renewal along with a fee
of Rupees ten thousand only in the same manner specified rule 5.
(2) Whenever there is change in management or transfer of
management, the new management shall submit a fresh application to the
Commissionerate who in turn shall submit the same to the screening
committee.
By order and in the name
of Governor of Karnataka
(RANGANATHA)
Under Secretary to Government
Skill Development, Entrepreneurship and
Livelihood Department
9
FORM-A
[See rule 5(1) ]
(APPLICATION TO GET THE MINORITY STATUS TO INDUSTRIAL
TRAINING INSTITUTION /S)
SL.
NO.
SUBJECT
DETAIL/PARTICULARS
1
Name and address of the Managing
committee (In Block letters)
2
1. Name of the Industrial Training
Institute:
2. Date of establishment :
3. Medium of instruction :
3
1. No. of institutions run by the
management:
2. Enclose the list :
3. Submit the proposal for each
Industrial Training Institute
separately :
4
1.
Whether the managing committee
is registered? (enclose the Copy)
2. If Yes, Registration No. and date :
3. Last date of renewal of registration :
4. Furnish the latest renewal copy of
registration :
5
1. Whether the institution has
affiliated to NCVET Director General
Training, New Delhi? If yes, furnish the
details.
2.Enclose the NCVET Affiliation letter:
3.Last date of Affiliation of recognition:
4.Enclose the copy of the same:
6
Type of management:
1.
Religious: Muslims/ Christians/
Buddhist/ Sikhs/ Jains/Parsis
2.Linguistic : (Mention the language)
7
1. Are the members of the managing
committee belong to religious minority
group? If Yes, Furnish the Names,
addresses and religious details.
10
2. Is the members of the managing
committee belongs to linguistic minority
group? If Yes, Furnish the Names,
addresses and language detail.
8
Are the two third of the managing
committee belongs to minority Group? If
Yes, Furnish the details.
9
If
the
members
belong
to
religious/
linguistic
minority,
Enclose
the
certificate issued by the Tahasildar
individually.
10
Type of Industrial Training Institute
(Aided or Unaided)
11
According to the census data, Total area
population, where the institution is
located:
1. Total Population:
2. Population of the concerned religion/
linguistic minority where the institution
is located:
12
1. Enclose
the
list
of
students
Trade/unit wise, religion wise and
language wise.
2. Trade/unit wise student abstract for
the current year with % of concern
minority students.
Seal and signature of the Seal and Signature of the
Secretary of the Management Principal of the Institution
Date: Date:
11
Form – B
[See rule 5(4)]
I, ____________(name of chairman of the society /Trust ) S/o or D/o
______________ aged ____ years the chairman of _______________ Society / Trust
running ___________ Industrial Training Institute at _______________ do hereby
solemnly affirm, state and undertake in connection with our application for
extension of Minority Status to _____________ (Institute name & address) as under;
1. That I am the Chairman of _____________________ Society / Trust.
2. That the information given by __________________ (Name & address of
Institute) in the application made for extension of Minority Status to
Government of Karnataka is true and complete. Nothing is false & nothing
material has been concealed.
3. That any of the information is found to be false, incomplete, misleading and
/ or that the institute fails to disclose all the information and / or suppress
any information and / or misrepresentation the information I shall be liable
to government.
4. The department shall also be free to take any action including withdrawing
of approval and / or any other action as deemed necessary against the
institution and others as the case may be and or the individuals associated
with institution.
5. That the facts stated in this affidavit are true to my knowledge. No part of
the same is false and nothing material has been concealed there from.
6. That two-third of the trustees or members of the managing committee of the
Society, of the Industrial Training Institution belong to the Minority
community.
7. I hereby declare that 50% of students enrolled in _____________ (Institute
name) belongs to ___________ (Religion name) Minority Community to which
applicant the institution belongs to, out of which at least Seventy Five
Percent of students are from Karnataka.
Sd/-
Chairman
Deponent
12
Verification
I, the above named deponent do hereby verify that the facts stated in the above
affidavit are true to my knowledge. No part of the same is false and nothing material
has been concealed there from.
Verified on this date _____________
Chairman
Deponent
13
FORM-C
[See rule 5(8)]
CHECK LIST FOR THE RECOMMENDATION OF AN INSTITUTION
FOR DECLARATION OF MINORITY STATUS
SL.
NO
SUBJECT
DETAIL/
PARTICULA
RS
RECOMMENDATION
/REJECTION
(If rejection furnish
reasons)
1
Name and address of the
Managing committee (In Block
letters)
2
1.
Name of the Industrial Training
Institute:
2.
Date of establishment :
3.
Medium of instruction :
3
1. No. of institutions run by the
management:
2. Enclose the list :
3. Submit the proposal for each
Industrial
Training
Institute
separately :
4
1. Whether the managing
committee is registered? (enclose
the Copy)
2. If Yes, Registration No. and date :
3. Last date of renewal of
registration :
4. Furnish the latest renewal copy of
registration :
5
1. Whether the institution has
affiliated
to
NCVET
Director
General Training, New Delhi? If Yes
furnish the details.
2. Enclose the NCVET Affiliation
letter:
3. Last date of Affiliation of
recognition:
4. Enclose the copy of the same:
6
Type of management:
1. Religious: Muslims/Christians/
Buddhist/ Sikhs/Jains/Parsis
2. Linguistic : (Mention the language)
14
7
1. Are the members of the managing
committee
belong
to
religious
minority group? If Yes, Furnish the
Names, addresses and religious
details.
2. Is the members of the managing
committee belongs to linguistic
minority group? If Yes, Furnish the
Names, addresses and language
detail.
8
Are the two third of the managing
committee
belongs
to minority
group? If Yes, Furnish the details.
9
If the members belong to religious/
linguistic minority, Enclose the
certificate issued by the Tahasildar
individually.
10
Type of Industrial
Training Institute
(Aided or Unaided)
11
According to the census data, Total
area
population,
where
the
institution is located:
1. Total Population:
2. Population of the concerned
religion/ linguistic minority where
the institution is located:
12
1. Enclose the list of students
Trade/Unit wise, religion wise and
language wise.
2. Trade/unit wise student abstract
for the current year with % of
concern minority students.
Signature and Seal Signature and Signature and Seal of
of Chairman,
Seal of Member Member Verification
Verification Verification Committee
Committee Committee Date:
Date:
Date:
15
FORM-D
[See rule 5 (11)]
REPORT FOR THE RECOMMENDATION OR REJECTION AT REVIEW COMMITTEE
Sl.
No
Name of
the
Institutio
n
Name of the
Managing
committee
Registration
details of
the
managing
committee
Recognitio
n details
(from the
department
of DGT
New Delhi)
Type of
Manageme
nt
Religious/
Linguistic
Minority
Medium of
Instruction
Whether all
the
members
have
enclosed
their
religious
linguistic
proof (with
document)
Type of
Industrial
Training
Institute
Aided/
Unaided
Population
of the area
where the
institution
is located
Total No.
of
students
in the
institutio
n
No. of
students
belongs to
that
particular
minority
Recommend
ation ( If
reject
furnish
details)
1
2
3
4
5
6
7
8
9
10
11
12
13
16
FORM-E
[See rule 5(13)]
CERTIFICATE FOR ACCEPTANCE OR REJECTION OF
APPLICATION BY COMPETENT AUTHORITY
SL.
NO.
PARTICULAR
ACCEPTED
(WITH
REASONS)
REJECTED
(WITH
REASONS)
1
Name
and
address
of
the
Managing
committee (In Block letters)
Information
enclosed
Information not
enclosed
2
1. Name of the Industrial Training Institute:
2. Date of establishment :
3. Medium of instruction :
Information
enclosed
Information not
enclosed
3
1. No. of institutions run by the management:
2. Enclose the list :
3. Submit the proposal for each Industrial
Training Institute separately :
Information
enclosed
Information not
enclosed
4
1. Whether the managing committee is
registered ? (enclose the Copy)
2. If Yes, Registration No. and date :
3. Last date of renewal of registration :
4. Furnish the
latest
renewal
copy
of
registration :
Information
enclosed
Information not
enclosed
5
1. Whether the institution has affiliated
to NCVET Director General Training, New
Delhi? If Yes, furnish the details.
. 2.Enclose the NCVET Affiliation letter:
3.Last date of Affiliation of recognition:
4. Enclose the copy of the same:
Information
enclosed
Information not
enclosed
6
Type of management:
1. Religious: Muslims/Christians/ Buddhist/
Sikhs/Jains/Parsis
2. Linguistic : (Mention the language)
Information
enclosed
Information not
enclosed
7
1. Are the members of the managing
committee belong to religious minority
group?
If
Yes,
Furnish
the
Names,
addresses and religious details.
2. Is
the
members
of
the
managing
committee belongs to linguistic minority
group?
If
Yes,
Furnish
the
Names,
addresses and language detail.
Information
enclosed
Information not
enclosed
8
Are the two third of the managing committee
belongs to minority group? If Yes, Furnish
the details.
Information
enclosed
Information not
enclosed
9
If the members belongs to religious/
linguistic minority, Enclose the certificate
issued by the Tahasildar individually.
Information
enclosed
Information not
enclosed
10
Type of Industrial Training Institute (Aided
or Unaided)
Information
enclosed
Information not
enclosed
17
11
According to the census data, Total area
population, where the institution is located:
1. Total Population:
2. Population of the concerned religion/
linguistic minority where the institution is
located:
Information
enclosed
Information not
enclosed
12
1. Enclose the list of students- Trade/Unit
wise, religion wise and language wise.
2.
Trade/Unit wise student abstract for
the current year with % of concern
minority students.
Information
enclosed
Information not
enclosed
By order and in the name
of Governor of Karnataka
(RANGANATHA)
Under Secretary to Government
Skill Development, Entrepreneurship and
Livelihood Department
ಮುದÎಕರು ²ಾಗೂ ಪÎಾಶಕರು:- ಸಂಕಲ£ಾĩಾĸಗಳ…, ಕ£ಾಟಕ ªಾಜÍಪತÎ, ಸಾĸ ೇಂದÎ ಮುದΞಾಲಯ, ¦ೆಂಗಳˆರು
R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19
Licensed to post without prepayment WPP No. 297
SUNIL GARDE
Digitally signed by SUNIL GARDE
DN: c=IN, o=GOVERNMENT OF KARNATAKA, ou=DEPARTMENT OF PRINTING STATIONERY AND PUBLICATIONS, postalCode=560001, st=Karnataka,
2.5.4.20=0d2a54c0803756f290179cb9f9000f3d464698fc8897aa98c5aa60a83745b840, pseudonym=8499EAD368C135C9145AA762342F528AD8CBC17E,
serialNumber=B7508F7C8EEFE07770324A79C1527CCCD5A7FD1D517E905423FC54F607B5AC46, cn=SUNIL GARDE
Date: 2023.01.20 18:26:42 +05'30'