Karnataka Educational Institutions (Issue of No Objection Certificate and control) Rules, 2022.

(cid:315)(cid:175)ೇಷ (cid:170)ಾಜ(cid:205) ಪ(cid:294)(cid:206)(cid:144)ೆ ¨Ás U À – 4ಎ 13 2022 ( 23 1944) . 277 Part – IVA BENGALURU, FRIDAY, 13, MAY, 2022 ( VAISHAKHA, 23, SHAKAVARSHA, 1944) No. 277 Government of Karnataka No: ED 63 PGC 2013 Karnataka Government Secretariat, Multi Storied Building, Bengaluru, Dated:11-05-2022.

NOTIFICATION

Whereas the draft of the Karnataka Educational Institutions (Issue of No Objection Certificate and control) Rules, 2022 in supersession of Notification No.

ED 4 PGC 2009, dated: 02.12.2010 published in part IVA of Karnataka Gazette

dated: 30.12.2010, by clause (XXXVIII) and (XL) of sub-section (2) of section 145 of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995) read with section 21 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899) was published in Notification No. ED 63 PGC 2013, dated: 21.01.2022 in part IV-A No.63 of the Karnataka Gazette Extraordinary dated: 21.01.2022 inviting objections and suggestions from all persons likely to be effected thereby within thirty days from the date of its publication in the official Gazette.

And whereas the said Gazette was made available to public on

21.01.2022.

And whereas the objections and suggestions received in this behalf have been considered by the Government.

(1)2

Now, therefore, in exercise of the powers conferred by clause (XXXVIII) and

(XL) of sub-section (2) of section 145 of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995) read with section 21 of the Karnataka General Clauses Act, 1899 (Karnataka Act III of 1899), the Government of Karnataka hereby make the following rules, namely:- RULES

1. Title and Commencement.- (1) These rules may be called the Karnataka Educational Institutions (Issue of No Objection Certificate and control) Rules, 2022.

(2) They shall come into force from the date of their publication in the Official Gazette.

2. Definitions.-(1)In these rules unless the context otherwise requires.-

(a) “Act” means the Karnataka Education Act,1983 (Karnataka Act 1 of 1995);

(b) “BEO” means the Block Education Officer of the concerned jurisdiction;

(c) “Commissioner” means the Commissioner for Public Instruction, Bengaluru for the Bengaluru or Mysuru Division, the Additional Commissioner for Public Instruction, Dharwad for Dharwad Division and the Additional Commissioner for Public Instruction, Kalaburagi for Kalaburagi Division;

(d) “Deputy Director” means the Deputy Director for Public Instruction Administration of the Concerned educational district;

(e) “CBSE” means the Central Board of Secondary Education;

(f) “CISCE” means Council for Indian School Certificate Examinations;

(g) “Board” shall mean any Board or Council recognized under The Delhi School Education Act, 1973 to conduct public examinations or any other Board or Examination Authority at the International level which is recognized by the Government of India or approved by the Government of Karnataka for affiliation of schools;

(h) “Management” means the governing body which is responsible for the Affairs of the Private Educational Institution;

(i) “Private Educational Institution” means an Educational Institution established or maintained and administered by any3 person or body of persons registered in accordance with the manner specified under the Act; and

(j) “Web Portal” means such portal as designated for the purposes of these rules by the Government.

(k) “NOC” means No Objection Certificate issued by the State Government to seek affiliation from the Central Board for Secondary Education(CBSE) or the Council for Indian School Certificate Examinations (CISCE) or other recognized Boards for classes 1 to 10.

(2) All the words and expressions used but not defined under these rules, shall have the same meaning as respectively assigned to them under the Act.

3. Conditions for Grant of No Objection Certificate.- (1) Any private educational institution which seeks affiliation with any Board may apply to obtain a No Objection Certificate which shall be granted only in accordance with these rules.

(2) Any private educational institution seeking a No Objection Certificate shall indicate in the manner specified under these rules that they are in legal possession of land as per the norms of affiliation of the appropriate Board they are seeking affiliation to.

(3) Any private educational institution seeking grant or modification of No Objection Certificates under these rules shall make an application for the same in such manner as specified in these rules and such application shall be accompanied by the following documents, namely:-

(a) Valid School Registration Certificate.

(b) Valid School Recognition Certificate.

(c) Valid Building Safety Certificate.

(d) Valid Fire Safety Clearance Certificate.

(4) Any private educational institution seeking grant or modification of No Objection Certificates shall furnish an affidavit in Form-A duly attested by a Notary along with the application.

4. Procedure for Grant of No Objection Certificate.- (1) Private educational institutions seeking for No Objection Certificate shall file their applications on the4 Web Portal in Form-I along with such documents as specified under these rules and mentioned in Form-I.

(2) Every application made under sub-rule (1), shall be accompanied by a processing fee of Rupees Two Lakhs payable in such manner as specified by the Government.

(3) Every application shall be verified by the BEO to confirm its adherence to these rules, the Act and other applicable rules made there under, who shall then make a site visit to the private educational institution and forward a report to the concerned Deputy Director on the compliance of the private educational institution in accordance with the Act and these rules.

(4) The Deputy Director, after being satisfied that the report is complete in all material respects, shall forward it to the Commissioner.

(5) If the Commissioner, upon examination of the report, is satisfied that the private educational institution is in compliance with these rules, the Act and rules made there under, he may recommend to the Government to issue the No Objection Certificate to the Institution.

(6) All officers mentioned in these rules shall have the power to seek clarifications from the private educational institutions through the Web Portal on the particulars submitted while applying for a No Objection Certificate.

(7) A No Objection Certificate issued under these rules shall be valid coterminous with the Certificate of Recognition issued to the private educational institution under the Act.

(8) Where the No Objection Certificate issued to a private educational institution stands lapsed, such institution may apply for the same through a fresh application as provided for in these rules and the same may be granted in accordance with these rules.

(9) Every application made under sub-rule (8), shall be accompanied by a processing fee of Rupees fifty thousand payable in such manner as specified by the Government.5

5. Issue of No Objection Certificate.- (1) The Government after verifying the proposal regarding the fulfillment of norms specified under rule 4 as per detailed checklist in Form-B may issue No Objection Certificate (NOC) in Form-II which shall be valid for a period of two years only.

(2) The institution shall obtain affiliation from the CBSE or the Council for ICSE and other recognized Boards within two years from the date of issue of No Objection Certificate (NOC). The NOC may be renewed after the expiry of the validity period specified in rule 8.

6. Role of the State Government.- (1) All the schools affiliated to CBSE or the Council for ICSE or other recognized Boards shall come under the purview of the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995).

(2) Kannada language shall be taught either as Second or Third language as per the provisions of the Kannada Language learning Act, 2015 (Karnataka Act 22 of 2015).

(3) The District Education Regulating Authority [DERA] shall also have jurisdiction over the schools affiliated to various boards.

(4) No classes shall be started by the Institution, prior to the affiliation with CBSE or the Council for ICSE and other recognized Boards. The Institution shall submit their affiliation certificate to the concerned DDPI/BEO before commencement of the school.

(5) The State Government may withdraw the NOC granted to the Institution in case of violation of any provisions of these rules.

(6) The Institution after getting approval from the Minister for Primary and Secondary Education Department or the concerned Additional Chief Secretary or Principal Secretary or Secretary to the Government, Department of Primary and Secondary Education, if so delegated, has to remit a processing fee of Rs. Two Lakhs to the Head of Account designated for the purpose through Khajane-2 online portal or as specified by the State Government.

7. Procedure for modification of No Objection Certificate.- (1) No modifications shall be made in the NOC. However, if the Institution seeks change6 in the name, such applications shall be recommended by the Commissioner for Public Instruction or Additional Commissioner for Public Instruction or the concerned Director and the Government may pass suitable orders as per these rules. Such applications shall be submitted to the jurisdictional BEO or Deputy Director as the case may be.

(2) The Institution seeking change in the management shall have to submit a fresh application as if it is seeking for new NOC, through online as required under rules 3, 4 and 5.

8. Renewal of No Objection Certificate.- If the Institution fails to seek or obtain affiliation within the stipulated period of two years, the NOC shall stand lapsed. However, the Institution may seek for renewal of NOC within one year from the lapse of such NOC or as may be. Such application for renewal shall be submitted online and the Government may pass suitable orders based on the recommendations of Commissioner by considering the following documents,

namely:-

(a) Meeting proceedings resolving for the modification or renewal of the NOC by the concerned Management or Institution.

(b) A report from the Commissioner or Additional Commissioner for public instruction after inspection of the school or Institution.

(c) The Institution shall produce an undertaking in Form-A along with request as per Form-III for modification or renewal of No objection certificate. Renewal/Modification Certificate will be issued in Form III-A.

(d) The Institution shall also submit the records pertaining to conversion of land and lease deed as per specifications with adequate infrastructure with a valid fire safety certificate and building safety certificate obtained from the competent authorities as required under the National Building Code.

(e) The school or institution shall also produce a compliance regarding the fulfillment of child safety norms as notified by the Government from time to time.7

(f) The Institution after getting an approval shall remit an amount of Rs.50,000-00 (Rupees fifty thousand only) towards the processing fees to the designated head of account through Khajane-2 portal online or as may be specified by the Government.

9. Miscellaneous.- (1) The services provided under these rules shall be covered under the provisions of the Karnataka Sakala Services Act, 2011.

(2) The Institution which furnishes for false information or document shall be liable for disciplinary action under the Act and the Code of Criminal Procedure, 1973 and the Institution shall be de-recognition.

(3) The Management of any Institution submitted forged document in relation to building safety, fire safety shall liable for action as laid down under the National Building Code and Indian Penal Code and the official responsible for issue of such false certificates shall be liable accordingly.

By order and in the name of The Governer of Karnataka, (H.S. Shivakumar) Under Secretary to Government, Education Department (Primary Education)8 Form-I Application format for securing of NOC from the State Government for the affiliation of CBSE, CISCE or other international Boards of Education ( such as IB/IGCSE etc) Sl.No. Particulars Details /feedback from the institution

1. The full name and address of the Institution seeking No Objection certificate i. Whether the institution is registered society/Trust ? provide the constitution details of the institution ( full details of the managing committee ) ii. To which Board affiliation is sought( CBSE or CISCE) ? or International curriculum like IB/IGCSE etc. ? please specify clearly.

2. The name and address of the school

3. If the school is already functioning please provide the following details. i. Whether the school is run with registration from State Government ? ii. Details of permission/registration iii. If the school is running from 1-5th in the respective medium the details of letter issued from BEO/DDPI iv. Whether the Institution has renewed the registration in succeeding years ? v. The details of class and students in each class.

vi. Provide the copies of Audit Reports of previous 3 years vii. The latest financial position of the school and the school having registered in SATS online plus any other documents which may be required .

4. The details of school in five km radius : i. Whether Kendriya Vidyalaya is run in the vicinity of the school. ii. Whether Nayodaya School is being run or sanctioned lately ? iii. Whether KVS is planning to commence central syllabus based school in this area ? iv. If any other school following the central school is located please provide the details of the said school.

v. Details of the English medium schools located in this area following the state syllabus9

5. An approximate profile of people/community residing at this area i. Whether children belonging to All India Service or in public sector enterprises of Union Government or those prone to be transferred to the state.

ii. Whether children of the parents belonging to Banks having branches in more than one state or firms and establishments similarly placed . iii. Temporary migrants/outside states iv. Linguistic minorities ( Anglo Indians ) v. Personnel of Industries association having inter-state trading

6. Any big project, industries or commercial projects etc that may come up in this area ( please provide details )

7. The school should have a minimum 1 acre of land in metropolitan cities with exceeding population of 25 Lakhs and in other places having 2 acres of land with buildings ( copies of the relevant records to be attached ) 8 Whether the school is being run in non-agricultural converted land? Attach the relevant copies of records.

9. City survey map/revenue cadastral map/area plan related records have to be provided ( please provide copies of the relevant documents )

10. Copies of the Approved building plan and approved site plan

11. The photos of school building, school site depicting the play ground and photos of classes with computer laboratory and library .

12. Whether the school has obtained NOC for anyone of either CBSE/CISCE/IB/IGCSE or any other boards? If so, whether separate infrastructure with separate compound is facilitated? Applicant’s name and Designation with seal10 FORMAT FOR ISSUING NOC FORM-II (SEE RULE-5) GOVERNMENT OF KARNATAKA No: Karnataka Government Secretariat, 6th Floor, M.S. Building, Bengaluru, dated:

CERTIFICATE I. Certified that the Education Department of the Government of the State of Karnataka has no objection to the affiliation of ________________________________, run by __________________________________________________, to the Central Board of Secondary Education, New Delhi.

[or whichever Board the institution opts for] II. This No Objection Certificate is issued subject to the following conditions:-

1. The relevant rules applicable in this regard and the instruction issued by Government in Education Department in this regard shall be followed by the management.

2.This No Objection Certificate shall not be construed as a letter of permission, recognition or registration to start a school. The School shall not be started until and unless the CBSE, as the case may be, accords affiliation. Starting of pre-primary, primary or secondary classes merely on the basis of this NOC without obtaining prior formal affiliation to CBSE is not permissible. However, the institution can start pre-primary, primary, secondary classes after registering and obtaining recognition under the Karnataka Education Act and the rules made there under till it obtains affiliation to CBSE, If any institution starts pre-primary, primary or secondary classes without prior registration and recognition under the State Act and the rules and also without prior affiliation to the CBSE, it would be in violation of the provisions of the Karnataka Education Act and rules and will be liable for penal action under the said Act/rules.

3. The fees collected by the Educational Institutions following CBSE for each term from the students shall be subject to rules made by the State Government from time to time in this regard. No capitation fee or voluntary donations for gaining admission in the school or for any other purpose should be charged/collected in the name of the school.

4. In case a student leaves the school for such compulsion as transfer of parents or for health reason or in case of death of the student before completion of the session, pro-rata return of quarterly/term/annual fees should be made.

5. The school should consult parents through parents representatives before revising the fees.

6. The fee should not be revised during the mid-session.

After obtaining affiliation to CBSE, the management shall teach Kannada language compulsorily as a subject.

7. The management shall provide infrastructure as per the norms prescribed.

8. The Management/School should appoint teachers with TET qualifications and this must be reflected in their resolutions.

9. The management shall not collect any donation from the students or their parents/guardians and collect only the fees prescribed by Government from time to time as per the provisions of the11 Karnataka Educational Institutions (Abolition of Capitation Fee) Act, 1984 or as prescribed by the CBSE, as the case may be.

10. Children of those belonging to the All India Services/Central Services liable to inter-state transfer, migrants from out of State who are temporarily put up in the State of Karnataka/employees of all India level business/commercial and industrial establishments and Anglo-Indians shall get preference in admissions.

11. The School/college student enrollment and attendance as well as supervision of building facilities and administrative matters of the Department of Primary and Secondary Education in the context of the issue under the State Government’s duty to maintain and be bound by the orders and circulars.

12. The NO OBJECTION CERTIFICATE along with the conditions subject to which the same has been issued should be exhibited in a conspicuous place in the office of the school next to the notice board for the benefit of general public.

13. For starting the pre-primary school (Nursery /LKG/UKG etc) the management shall obtain prior permission by registering the same in accordance with the Karnataka Educational Institutions (Classification and Registration) Rules, 1997.

14. The management shall extend all co-operation to the officials of the State Education Department whenever they visit their schools for inspection even after getting affiliation to CBSE.

15. In case any of the conditions mentioned above is violated, the officers concerned in the Department of Public Instruction shall be free to take action as per law and Government of Karnataka shall be free to withdraw the NOC given by it.

16. Admission to pre-primary stage should be done in the month of April every year.

17. The school being governed by Government of Karnataka’s regulations for safety and security of students.

18. The school should admit the students under RTE Act during 2021-22 and in future years.

19. Any other conditions that may be imposed in future.

3. The school shall not claim any grant-in-aid ever.

4. Institution get affiliated with CBSE Board within the period two years from the date of issue of No Objection Certificate. If fails, the No Objection Certificate should be renewed further.

5. The application seeking issue of this NOC was recommended by the Commissioner for Public Instruction through online file No. _____________________.

Under Secretary to Government Education Department (Primary) To:

The president/Secretary, ___________________________________________.

Copy to :-

1.The Commissioner for Public Instruction, / The Addl Commissioner For Public Instruction. 2.The Deputy Director of Public Instruction, _______________.

3.The Block Education Officer, _______________.

4.Section Guard File/Spare copy.12 CHECKLIST FOR RENEWAL /MODIFICATION OF NOC FORM-III (SEE RULE-8)

1. Resolution copy authorizing the renewal/modification of NOC issued by the Management of the School.

2. Proposal letter from the Commissioner/ Addl. commissioner for public instruction

3. Undertaking Affidavit submitted in Rs.100/- stamp paper duly certified by the Notary.

4. Copy of the letter issued by the concerned Deputy commissioner/Tahasildar authorizing conversion of the school land copy of the registered sale deed or if not owned, the lease deed for 30 years entered into by the trust/society.

5.Apart from which building safety certificate, Fire safety certificate and compliance of other basic infrastructure by the school.

6. The steps taken to comply child safety measures as per Government directives issued from to time.

FORMAT FOR RENEWAL OF NOC FORM-III A (SEE RULE-8) GOVERNMENT OF KARNATAKA No: Karnataka Government Secretariat, 6th Floor, M.S. Building, Bengaluru, dated:

RENEWAL / MODIFICATION OF N.O.C.

The No Objection Certificate issued Vide File No. _____________, dated:___________ affiliated to CBSE / ICSCE (Or any other board) the affiliation/renewal of affiliation of __________________________(School) , run by __________________________Trust / Society is renewed / modified to be read as _____________________.

2. This Certificate is issued, subject to the following conditions:-  The concerned Dy. Director of Public Instruction shall ensure that the concerned school is registered and recognized by the Competent Authority of the State Government, otherwise the school will be considered as Unauthorized School and legal action will be taken as per Karnataka Education Act, 1983.

 The management shall obtain the permission from the concerned Board and submit the same to the concerned Dy. Director of Public Instruction, before commencing the CBSE syllabus school.  Compliance of RTE Act 2009 Section 12(1) (c) from academic year 2021-22 to extent of seats as prescribed under the Act.

 The school has to teach Kannada as a Second language/Third language as the case may be.  The school being governed by Government of Karnataka regulations for safety and security of students issued from time to time.13  The Management/School should submit/comply with CBSE / ICSCE (Or any other board specified) affiliation norms and submit all the records and credentials accordingly.

Under Secretary to Government Education Department (Primary Education) To:

The President/Secretary, ___________________________.

Copy to :-

1.The Commissioner for Public Instruction, / The Addl Commissioner For Public Instruction.

2.The Deputy Director of Public Instruction, _______________.

3.The Block Education Officer, _______________.

4.Section Guard File/Spare copy.

Form-A [see rule 3] UNDERTAKING We, the Management of_____________________________________ _____________________________________________________________ Hereby agree to be abide by the following conditions and any other conditions that may be imposed by the State Government from time to time, in case our institution gets affiliated to CICSE/CBSE, New Delhi / IB/IGCSE. In case there is any breach of agreement from the Management side, the State Government may withdraw the No Objection Certificate issued to the Management and write to the CICSE/CBSE, New Delhi / IB / IGCSE to cancel the affiliation to the school run by the management.

(1) All the rules made by Government in Education Department in this regard shall be followed by the management.

(2) This No Objection Certificate shall not be construed as letter of permission, recognition or registration to start a school, School shall not be started until and unless the CBSE or CISCE or IB or IGCSE, as the case may be, accords affiliation, Starting of pre-primary, primary, secondary classes after registering and obtaining recognition under the Karnataka Education Act and should run the school in state syllabus and rules made there under till it obtains affiliation to CBSE / CISCE /14 IB / IGCSE. In such cases it has to comply with the medium of instruction policy of the State Government namely, mother tongue or Kannada should be medium of instruction from standard 1 to 5. If any institution starts pre-primary, primary or secondary classes without prior registration and recognition under the State Act and rules and also without prior affiliation to the CBSE/CISCE, it would violate provisions of the Karnataka Education Act and rules and will be liable for penal action under the said Act/rules.

(3) After obtaining affiliation from concerned Board, the management shall teach Kannada language compulsorily as a subject.

(4) The management shall provide infrastructure as per the norms prescribed.

(5) The management shall not collect any donation from the students or their parents/guardians and collect only the fees prescribed by Government from time to time as per the provisions of the Karnataka Educational Institutions (Abolition of Capitation Fee) Act, 1984 or as prescribed by the concerned Board i.e., CBSE / CISCE / IB / IGCSE, etc..

(6) Children of those belonging to the All India Services/Central Services liable to inter-state transfer, migrants from out of State who are temporarily put up in this State/employees of all India level business/commercial and industrial establishments and Anglo-Indians shall get preference in admissions.

(7) Admission to pre- primary stage should be done in the month of April every year.

(8) The NO OBJECTION CERTIFICATE along with the conditions subject to which the same has been issued should be exhibited in a conspicuous place in the Chambers of the Principal/Head Master/Head Mistress, for the benefit of general public.

(9) For starting the pre-primary school (Nursery/LKG /UKG etc.,) the management shall obtain prior permission by registering the same in accordance with the Karnataka Educational Institutions (Classification and Registration) Rules, 1997.

(10) Any other conditions that may be imposed in future.

(11) The management shall extend all Co-Operation with the officials of the State Education Department whenever they visit their schools for15 inspection even after getting affiliation for CBSE / CISCE / IB / IGCSE.

(12) In case any of the conditions mentioned above is violated, the officers concerned in the Department of Public Instruction shall be free to take action as per law and Government of Karnataka shall be free to withdraw the No Objection Certificate given by it.

*** Form –B Check list for securing No Objection Certificate Sl.No. Necessary Information Information provided Page 1 Form -I

2. Information reg. the registration of location and Trust/Society

3. Information reg. registration of school name and location .

4.. Sl.no. Class Registration No & Date

1. 1-5

2. 6-8

5. Copies of renewal of Registration

6. Copy of the certificate from BEO regarding the running of school from 1-5th std in Kannada medium

7. Certification from BEO regarding the teaching of Kannada as 1st or 2nd language

8. Enrolment of students as per SATS report Class 1 2 3 4 5 6 7 Total Admission Attendance

9. Faculty/Teaching Staff details as per NCTE norms

10. Bank details regarding Salaries paid to teaching staff and their service details

11. The order relating to Conversion of land for Educational purposes.

12. The details of land registered in favour of trust/society or the information relating to 30 years lease with registration details.R.N.I. No. KARBIL/2001/47147 POSTAL REGN. No. RNP/KA/BGS/2202/2017-19 Licensed to post without prepayment WPP No. 297 16

13. BBMP or other corporation limits

14. The Building sketch approved by Town planning authority and sketch copy of the site

15. The photos of Basic Infrastructure including CCTV, fire extinguishers provided in the school.

16. An undertaking from the Management of the school in RS.100/- stamp paper

17. The details of children admitted under RTE Act 2009, if any

18. The compliance regarding child safety norms as per the guidelines issued from Education and transport Department

19.

Registration under RTE obtained from the concerned DDPI and compliance made there under.

Academic Class No. of No. of No. of Year Students Students Admitted fixed Students under RTE

20. The details regarding no cases being pending in a court of law or from the public in any forum.

21 Copy of the fixed deposit tendered by the school/trust as per rules

22. The list of furniture’s and sports equipments including teaching aids

23. Previous three years Audit Reports signed by a chartered Accountant

24. Whether there is any recommendation made from the Commissioner/Addl. Commissioner ಮುದ(cid:206)ಕರು (cid:178)ಾಗೂ ಪ(cid:206)(cid:144)ಾಶಕರು:- ಸಂಕಲ(cid:163)ಾ(cid:297)(cid:144)ಾ(cid:312)ಗಳ(cid:133), ಕ(cid:163)ಾ(cid:143)ಟಕ (cid:170)ಾಜ(cid:205)ಪತ(cid:206), ಸ(cid:144)ಾ(cid:143)(cid:312) (cid:144)ೇಂದ(cid:206) ಮುದ(cid:206)(cid:158)ಾಲಯ, (cid:166)ೆಂಗಳ(cid:136)ರು