(1)
Ļ¯ೇಷ ªಾಜÍ ಪĦÎೆ
GOVERNMENT OF KARNATAKA
No: SDEL 79 ITA 2021 Karnataka Government Secretariat
Multistoried Building
Bengaluru, Dated:18/05/2023.
NOTIFICATION
Whereas the draft of the Karnataka Industrial Training Institution (Recognition
of Minority Educational Institutions Terms and Conditions)(Technical Education)
Rules,2022 was published as required by sub-section(1) of section 145 of the
Karnataka Education Act, 1983 (Karnataka Act 01 of 1995) in Notification No.SDEL
79 ITA 2021 dated:19.01.2023 in part- IV A of the Karnataka Gazette dated
19.01.2023 inviting objections and suggestions from all the persons likely to be
affected thereby within fifteen days from the date of its publication in the Official
Gazette.
Whereas, the said Gazette was made available to the public on 19th day of
January 2023.
And whereas, objections and suggestions received in this behalf have been
considered by the State Government.
Now, therefore, in exercise of the powers conferred by clause (e) of sub section
(2) of section 3 read with sub section (1) of section 49 and section 145 of the
Karnataka Education Act, 1983 (Karnataka Act 01 of 1995), the Government of
Karnataka hereby makes the following rules, namely:-
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, 2023.
(2) They shall come into force from the date of their publication in the Official
Gazette.
¨sÁUÀ – 4J
Part – IVA
18
2023(
, 28
1945)
BENGALURU, THURSDAY, 18, MAY, 2023(VAISHAKHA, 28, SHAKAVARSHA, 1945)
. 188
No. 188
2
2.
Definition.- (1) In these rules unless the context otherwise requires,-
(a) ‘Act’ means the Karnataka Education Act, 1983(Karnataka Act 1 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.
(2) Non Judicial Court Fee stamp of Rupees five hundred only shall be affixed
on each application.
4
(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:-
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
5
(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 is 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.
(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
6
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.
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:-
7
(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.
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
(SRIRANGAMMA)
Under Secretary to Government (I/c)
Skill Development, Entrepreneurship and
Livelihood Department
8
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)
9
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 belongs 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
Secretary of the Management
Date:
Seal and Signature of the
Principal of the Institution
Date:
10
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
11
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
FORM-C
[See rule 5(8)]
CHECK LIST FOR THE RECOMMENDATION OF AN INSTITUTION FOR
DECLARATION OF MINORITY STATUS
SL.
NO
SUBJECT
DETAIL/
PARTICULAR
S
RECOMMENDATION/RE
JECTION
(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)
12
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 of
Chairman, Verification
Committee
Date:
Signature and Seal of
Member Verification
Committee
Date:
Signature and Seal of
Member Verification
Committee
Date:
(1)
FORM-D
[See rule 5 (11)]
REPORT FOR THE RECOMMENDATION OR REJECTION AT REVIEW COMMITTEE
Sl.
No
Name of the
Institution
Name of the
Managing
committee
Registration
details of the
managing
committee
Recognition
details (from
the
department
of DGT New
Delhi)
Type of
Management
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
Populatio
n of the
area
where the
institutio
n is
located
Total
No. of
studen
ts in
the
institut
ion
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
(1)
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
1. Are the members of the managing
committee belong to religious minority
group? If Yes, Furnish the Names,
Information
7
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
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 belong 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
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
(SRIRANGAMMA)
Under Secretary to Government (I/c)
Skill Development, Entrepreneurship and
Livelihood Department
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Date: 2023.05.20 11:57:51 +05'30'