The JAMMU AND KASHMIR BOARD OF PROFESSIONAL ENTRANCE EXAMINATION ACT, 2002

BOARD OF PROFESSIONALENTRANCE EXAMINATION ACT, 2002
( Act XXV of 2002 )
162 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
THE JAMMU AND KASHMIR BOARD OF
PROFESSIONAL ENTRANCE EXAMINATION ACT, 2002
(Act No. XXV of 2002)
CONTENTS
SECTION.
1. Short title and commencement.
2. Definitions.
3. Constitution of Board.
4. Chairman.
5. Remuneration.
6. Term of office.
7. Removal.
8. Powers and duties of Chairman.
9. Powers and duties of the Board.
10. Officers of the Board.
11. Secretary.
12. Controller of Examinations.
13. Financial Advisor.
14. Law Officer.
15. Conduct of examinations.
16. Eligibility of candidates.
164 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
17. Ranking.
18. Fee.
19. Funds of the Board.
20. Chairman, Members etc. to be public servants.
21. Casual vacancy.
22. Committees.
23. Power to make rules.
24. Power to make regualtions.
25. Removal of difficulties.
26. Reports of the Board.
–––––––
SECTION.
PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002 165
THE JAMMU AND KASHMIR BOARD OF PROFESSIONAL
ENTRANCE  EXAMINATION ACT, 2002
(Act No. XXV of 2002)
[Received the assent of the Governor on 21st April, 2002 and
published in the Government Gazette dated 23rd April, 2002].
An Act to provide for conduct of entrance tests and making
selection for admission to various professional courses and matter
connected therewith or incidental thereto.
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 and commencement. ––(1) This Act may be called
the Jammu and Kashmir Board of Professional Entrance Examinations Act,
2002.
(2) It shall come into force from the date of its publication in the
*[Government Gazette].
2. Definitions.–– In this Act, unless the context otherwise
requires,––
(a) ‘Act’ means the Jammu and Kashmir Board of Professional
Entrance Examination Act, 2002 ;
(b) ‘Board’ means the Board of Professional Entrance
Examinations constituted under section 3 ;
(c) ‘Chairman’ means the Chairman of the Board of
Professional Entrance Examinations ;
(d) ‘Government’ means the Government of Jammu and
Kashmir ;
(e) ‘Member’ means the member of the Board of Professional
Entrance Examinations ;
* Now Official Gazette.
166 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
(f) ‘Prescribed’ means prescribed by rules made under this
Act ;
(g) ‘Professional Courses’ means the courses prescribed as
professional courses from time to time by the Government
and shall initially include MD, MS, Diploma Courses (PG)
MBBS, BUMS, B. E. and Diploma Courses ;
(h) ‘Professional Institutions’ means the institutions prescribed
as such by the Government from time to time and shall
initially include Government Medical Colleges, Jammu/
Srinagar, 1[Kathua, Rajouri, Doda, Baramulla, Anantnag],
SKIMS, Srinagar, Government Dental College, Srinagar,
Regional Engineering College, Srinagar, Govt. College of
Engineering and Technology Jammu, Government
Polytechnic Male/Female, Srinagar/Jammu, Government
College of Education, Jammu/Kashmir, Sher-i-Kashmir
University of Agricultural Sciences and Technology,
Jammu/Srinagar and all other private recognised
Professional Colleges for which seats are allotted by the
Government ;
(i) ‘Section’ means a section of this Act ;
2(j) Omitted.
3. Constitution of Board.––(1) There shall be a Board to be called
‘Board of Professional Entrance Examinations’ for conducting entrance
tests and making selection of candidates for admission to various
professional courses in the State.
(2) The Board shall consist of a Chairman and such other members
as the Government may appoint.
4. Chairman. ––3[(1) The Chairman shall be whole time paid
officer of the Board and shall be appointed by the Government on the
recommendations of a Screening Committee consisting of the Vice
Chancellors of Kashmir and Jammu Universities to be headed by the Chief
Secretary to Government].
1. Substituted by Act No. VI of 2007, s. 2.
1. Inserted by S.O. 1229(E) of 2020 dated 31st March, 2020.
2. Clause (j) omitted ibid.
3. Substituted by Act No. VI of 2007, s. 2.
PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002 167
(2) A person shall not be eligible for appointment as Chairman
unless he is––
1[(a) omitted]
2[(b) an academician or educationist of high repute having
served for not less than 25 years or a person who holds
or has held the post of a Secretary to Government or its
equivalent].
(3) A person shall not be eligible for appointment as Member
unless he is––
1[(a) omitted]
(b) an academician of repute having served in the 3[Union
territory of Jammu and Kashmir] for not less than 20
years.
5. Remuneration.–– The Chairman and members shall receive such
salary and shall be entitled to such allowances and facilities as may be
prescribed.
6. Term of office. ––(1) The Chairman and Member shall hold office
for two years and shall be eligible for re-appointment for another such
term or until he attains the age of 65 years whichever earlier.
(2) The Chairman and member may at any time, by writing under
his hand addressed to the *[Chief Minister], resign his office and on such
resignation being accepted, he shall be deemed to have vacated his office.
7. Removal.–– The Chairman or a Member shall not be removed
from his office except by order of the Government passed on the
recommendations of the Council of Ministers on grounds of misconduct
or incapacity or if it appears to the Government that the continuance of
the Chairman or such a Member in office is detrimental to the public
interest.
1. Words “a permanent resident of the State” omitted vide S.O. 1229 (E) of 2020 dated
31.03.2020.
2. Substituted by Act No. VI of 2007, s. 2.
3. Substituted for “State” by S.O. 1229 (E) of 2020.
* Now Leutinent Governor.
168 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
8. Powers and duties of Chairman. ––(1) The Chairman shall be
the Principal Executive Officer of the Board and shall preside at the
meetings of the Board, Advisory Committee and of such bodies or
authorities as might be provided under the provisions of this Act and
the Regulations made thereunder.
(2) The Chairman shall ensure that provisions of this Act and
Regulations made thereunder are faithfully observed and he shall have
powers necessary for the purpose.
9. Powers and duties of the Board. ––(1) The Board shall have
the following powers and duties :––
(a) to conduct written tests and hold interviews/counselling
and take such other steps as may be considered necessary
for making selection of candidates to the professional
courses in the professional institutions ;
(b) to select and invite experts and appoint examiners for the
purpose specified in clause (a) ;
(c) to appoint Committees of persons specified in clause (b)
for the purpose of assisting the Board in making selection
to professional courses ; and
(d) to incur such expenditure as shall be necessary for the
due discharge of its powers under this section out of the
funds placed at its disposal by the Government, from time
to time.
(2) Subject to the orders issued by the Government in this behalf
from time to time, the Board shall be fully independent for exercise of
the powers vested in it under this Act.
10. Officers of the Board.–– The following shall be the officers
of the Board :––
1. Secretary ;
2. Controller of Examinations ;
3. Financial Advisor ;
PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002 169
4. Law Officer ;
5. Such other officer(s) as the Regulations may declare to
be the officers of the Board or as the Government may
appoint.
11. Secretary. ––(1) The Secretary shall be a whole time officer
of the Board appointed by the Government.
(2) The Secretary shall be appointed from amongst the Principals
of Degree Colleges or members of the Jammu and Kashmir Administrative
Service Officers of equivalent rank in other 1[State Services or an
academician from any University or Institute not below the rank of
Reader].
(3) The Secretary shall conduct official correspondence on behalf
of the Board.
(4) The Secretary shall be the Administrative Officer for the
ministerial and other staff.
(5) The Secretary shall have powers to realize the fees and other
dues and disburse the salary and other expenditure on account of the
Board, subject to the provisions of regulations and approval of the
Chairman.
(6) The Secretary shall have a term of office for three years and
shall be eligible for re-appointment for another term of three years.
12. Controller of Examinations.––(1) The Controller of Examinations
shall––
2[(a) be a whole time officer of the Board and shall be
appointed by the Government from amongst the officers
not below the rank of Principal of a Degree College or
an academician from any University or Institute not
below the rank of Associate Professor or Assistant
Professor or Reader with at least 15 years experience in
teaching and conduct of examination] ;
1. Substituted for the words “State Services” by Act No. VI of 2007 s. 3.
2. Clause (a) of section 12 substituted ibid, s. 4.
170 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
(b) make arrangements connected with the conduct of
examinations including setting and printing of question
papers for all tests to be held by the Board including
maintenance of secrecy and safe custody and all other
matters connected therewith ;
(c) arrange all items of examination work such as despatch
and transit of Question Booklets, Answer Scripts, their
evaluation, tabulation of results, publication of results
and other related matters ;
(d) discharge such other duties and exercise such powers as
may be prescribed under rules and regulations framed
from time to time.
(2) In the execution of his duties and exercise of his powers, the
Controller of Examinations shall be subject to the immediate direction and
control of the Chairman and shall render such assistance to the Chairman
as may be required by him in the performance of his official duties.
(3) The term of office of Controller of Examination shall be three
years.
13. Financial Advisor.–– The Financial Advisor shall––
(a) be a whole time salaried officer of the Board and shall be
appointed by the Government from amongst the members
of the Jammu and Kashmir Accounts (Gazetted) Service not
lower than the rank of Chief Accounts Officer ;
(b) be responsible to Chairman and shall advise him on
financial matters ;
(c) be responsible for the preparation of the annual budget
and maintenance of income and expenditure accounts ;
(d) exercise such other powers and perform such other duties
as may be assigned to him by the Chairman or prescribed
by Regulations.
14. Law Officer. ––(1) The Law Officer shall by a whole time
salaried officer of the Board as shall be appointed by the Government
PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002 171
from amongst the members of the Jammu and Kashmir Legal (Gazetted)
Service not lower than the rank of Deputy Legal Remembrancer.
(2) The Law Officer shall advise the Board on the legal issues
and shall take all such steps as are necessary for conduct of cases on
behalf of the Board.
15. Conduct of examinations. ––(1) The Board shall conduct
entrance test annually for such professional courses in the 1[Union
territory of Jammu and Kashmir] as the Government may,  from time to
time, notify in this behalf.
(2) The Board shall take decisions from time to time, on the
following aspects of the entrance test, namely :––
(a) pattern of the question papers which should be in English
and which should as far as possible consist of objective
type questions ;
(b) fixing up of maximum marks for each paper ;
(c) fixing up of duration of the test for each of the papers
in Physics, Chemistry, Mathematics and Biology ; and any
other paper ;
(d) syllabus content, provided that it shall not be more than
the Syllabus of Higher Secondary Part II ;
(e) centres for conducting the test ;
(f) fixing dates and time for conducting the test ;
(g) date of announcement of results ;
(h) norms for payment of remuneration for different items of
work connected with the entrance test ;
(i) approval of merit list for Engineering Colleges, Medical/
Dental Colleges and other Colleges/Professional
Institutions ;
1. Substituted for “State” by S.O.1229 (E) of 2020.
172 PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002
(j) general guidelines and directions in regard to all matters
connected with the conduct of the test ;
(k) appointment of Chief Superintendent, Deputy Chief
Superintendents for each Examination Centre ;
(l) appointment of Supervisors/Invigilators for each Centre
of the Examination ;
(m) to appoint paper setters, moderators, printing presses and
other matters connected with preparation of question
papers ; and
(n) such other issues as may be referred to it by its Chairman
or Government from time to time.
16. Eligibility of candidates.–– No candidate shall be eligible to
appear for the entrance test for any professional course unless he
possesses such eligibility and qualification as the Government may
prescribe for such professional course.
17. Ranking.–– Candidates shall be assigned the ranking in such
manner as may be laid down by Regulations.
18. Fee.–– The candidates shall be entitled to appear in the
entrance test on payment of such fee as the Board fix in respect of any
professional course.
19. Funds of the Board.–– The fee collected from the candidates
appearing for the entrance test towards cost of application forms and
examination fee shall be deposited in the Jammu and Kashmir Bank Limited
by opening an account in the name of the Financial Advisor. The Financial
Advisor or such officer as the Chairman may authorise in this behalf shall
operate the account on behalf of the Board.
20. Chairman, Members etc. to be public servants.–– The Chairman,
Members and other officers of the Board shall be deemed to be public
servants within the meaning of section 21 of the 1[Indian Penal Code (45
of 1860)].
1. Substituted for “Ranbir Penal Code, Samvat 1989” by S.O. 1229 (E) of 2020
dated 31.03.2020.
PROFESSIONAL ENTRANCE EXAMINA TION ACT, 2002 173
21. Casual vacancy.––No  act or proceedings of the Board shall
be questioned or shall be invalidated merely on the ground of existence
of any vacancy or defect in the constitution of the Board.
22. Committees.––(1) The Government may appoint an Advisory
Committee to formulate policies regarding selection of candidates to
various professional courses.
(2) The Board may constitute a Committee of Experts for each
professional course to be called the Curriculum Committee to formulate
syllabus for conduct of entrance test for selection to such course.
23. Powers to make rules.–– The Government may, be notification
in the *[Government Gazette], make rules for carrying out the purpose of
this Act.
24. Powers to make Regulations.–– The Board may, subject to
the provisions of this Act and the rules made thereunder, make Regulations
for carrying out the objects of this Act.
25. Removal of difficulties. ––(1) If any difficulty arises in giving
effect to the provisions of this Act, the Government may, by order, do
anything which appears to it necessary for the purpose of removing the
difficulty.
(2) No order made under sub-section (1) shall be questioned in
any Court of law on the ground that no difficulty, as is referred to in
the said sub-section, existed to be removed.
26. Reports of the Board.–– It shall be the duty of the Board to
present annually to the Government a report as to the work done by the
Board and the Government on receipt of such report, shall cause a copy
thereof to be laid before the legislature.
––––––––
* Now Official Gazette.

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