The Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and Other Benefits) Act, 2014

KARNATAKA ACT NO. 07 OF 2014 THE KARNATAKA PRIVATE AIDED EDUCATIONAL INSTITUTIONS EMPLOYEES (REGULATION OF PAY, PENSION AND OTHER BENEFITS) ACT, 2014

(1) This Act may be called the Karnataka Private Aided Educational Institutions Employees (Regulation of Pay, Pension and other benefits) Act, 2014.

1. (2) It shall be deemed to have been come into force with effect from the 1 st June, 1995.

(a) “Automatic or time bound Advancement Scheme” means Higher Scale of pay granted to an employee of an Educational Institutions after completion of specified period of service in a post; (b) "Career Advancement Scheme" means Higher Scale of pay granted to a lecturer, librarian and physical education directors working in a college or B.Ed college or technical institution after completion of specified period of service in a post; (c) "Educational Institution" means an Educational Institution imparting education at various levels of Primary, Secondary, Pre-University College, Teacher Training institutes, including colleges or Technical Institutions or B.Ed Colleges leading to degree, diploma or certificate courses established and administered or maintained by anybody of persons and recognized by the State Government and affiliated to any University, Wherever applicable; (d) "Employee" means an employee of an Educational Institution; (e) “Government” means Government of Karnataka; (f) “Grant-in-Aid” means any sum of money paid as salary grant out of State funds to any posts in a Private Educational Institution; and (g) “Private Aided Educational Institution” means an Educational Institution receiving Grant- in-aid by the State Government. (2) Other words and expressions used in this Act but not defined shall have the same meaning assigned to them in the Karnataka Education Act, 1983 (Karnataka Act 1 of 1995).

career Advancement and finalization of the pensionary benefits by non-reckoning service rendered in non-grant period as qualifying years and extinguishment of claims if any,-

1. (1) Notwithstanding anything contained in the Karnataka Education Act, 1983, any order of the Government or rules governing service conditions of employees of any Educational Institution or any other Law Governing Grant in aid to the above employees or any judgment, decree or order of any Court or Tribunal or Authority, Grant-in-aid that may be sanctioned to a post held by an employee of a Private Aided Educational Institution shall be fixed and calculated at the minimum of pay in the time scale allowed to the post from the date of admission to grant-in-aid and the service rendered prior to admission for grant-in-aid shall not be reckoned for purpose of pay, leave, seniority and pension and finalization of the pensionary benefits shall be by non-reckoning service rendered in non-grant period as qualifying years and the financial liability of the Government in respect of Automatic Advancement Scheme and Career Advancement Scheme extended, if any, to such employee shall be limited to the quantum of Grant-in-aid sanctioned to the post.
2. (2) Notwithstanding anything contained in any order of the Government or any judgment of any Court or Tribunal, the claims of employees of Private Aided Educational Institution for release of Grant-in-Aid by counting the increments drawn prior to the date of admission of post to grant-in-aid and finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years shall stand extinguished and accordingly,-
   • (i) the orders issued by the Government directing to take into account the increments earned by an employee or for payment of additional amount on extension of Time bound Advancement Scheme or Automatic Promotion or Career Advancement Scheme of a Private aided Educational Institution, prior to the date of admission of post to Grant-in-aid, while releasing grant-in-aid and for finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years shall stand cancelled: Provided that any amount paid as per the order now cancelled and towards Time Bound Advancement, or Automatic promotion or Automatic Advancement, Career Advancement Schemes and Pensionary benefits shall not be recovered.
   • (ii) No suit or other proceedings shall be maintained or continued in any court against the Government by any employee of Private Aided Educational Institutions claiming for release of Grant-in-aid taking into account the increments earned in the post prior to the date of admission of Grant-in-aid or for payment of additional amount on the extension of the Time bound Advancement Scheme or Automatic Promotion Scheme or the Automatic Advancement Scheme and Career Advancement Scheme and for finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years to such employee except the quantum of Grant-in-aid sanctioned to the post
   • (iii) No Court shall enforce any decree or order directing release of Grant-in-aid taking in to account the increments earned in the post, prior to the date of admission of grant-in-aid in favour of any employee of a Private Aided Educational Institutions and for payment of additional amount of the extension of the Time Bound Advancement or Automatic promotion or Automatic Advancement Scheme or Career Advancement Scheme to such employee and finalization of the pensionary benefits by reckoning service rendered in non-grant period as qualifying years except the quantum of grant-in-aid sanctioned to the post.

published in the official Gazette under clause (3) of Article 348 of the Constitution of India.

H.R. BHARDWAJ GOVERNOR OF KARNATAKA

By Order and in the name of the Governor of Karnataka,

S.B. GUNJIGAVI Secretary to Government, Department of Parliamentary Affairs and Legislation

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