Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002

No: 22 Dated: Apr, 23 2002

THE JAMMU AND KASHMIR PRIVATE COLLEGES (REGULATION AND CONTROL) ACT, 2002

(Act No. XXII of 2002

    An Act to provide for the regulation and control of Private Colleges in the State.

Be it enacted by the Jammu and Kashmir State Legislature in the Fifty-third Year of the Republic of India as follows

1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002.

(2) It shall be extend to the whole of the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions. - In this Act, unless the context otherwise requires-

(a) "Act" means the Jammu and Kashmir Private Colleges (Regulation and Control) Act, 2002;

(b) "Aided College" means a private college which is recognized by and is or has been receiving grant-in-aid from the Government;

(c) "College" means an educational institution meant for imparting education above Higher Secondary (10+2 level) and up to Bachelor's/Master's degree affiliated to the University of Kashmir or the University of Jammu and includes;

(i) BA., B.Sc., B.Com., B.B.A., B.C.A., B Ed., L.L.B. and B.P. Ed. Courses, and any other courses for which affiliation can be granted to the University of Kashmir or University of Jammu; and

(ii) the land, buildings, playgrounds, hostel and movable properties such as furniture, books, apparatus, map and equipment, owned by and used for the activities of the educational institution.

(d) "competent authority" means any officer not below the rank of a Principal of a Government Degree College appointed by the Government for carrying out the purposes of this Act and different authorities may be appointed for different areas;

(e) "educational agency" means any person or body of persons, a society or a Trust duly registered to establish, run or maintain any private college under this Act;

(f) "Government" means the Government of Jammu and Kashmir;

(g) "prescribed" means prescribed by the rules made under this Act;

(h) "private colleges" means a college (aided or unaided) established, run or maintained by any educational agency;

(i) "State" means the State of Jammu and Kashmir;

(j) "University" means the University of Kashmir or the University of Jammu as established under the Kashmir and Jammu University Act, 1969.

3. No private college to be established or run without prior permission. - (1) No private college shall be established or run without the prior permission, in writing, of the Government or the competent authority.

(2) Notwithstanding anything contained in the Kashmir and Jammu University Act, 1969, the Government may, by notification in the Government Gazette, appoint the competent authority for the accord of permission for the purposes of this Act.

(3) Any person or education agency aggrieved of any order of the competent authority may, within thirty days from the date of order, prefer an appeal to the Government.

(4) The Government, may, after affording reasonable opportunity to such person or agency and the competent authority pass such orders as it may deem fit.

(5) The Government shall prescribe the procedure to be followed for the grant of permission to establish and run a private college.

(6) Existing private colleges shall be deemed to have been set up with the permission of the Government under this Act from the date of its commencement.