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

PRIV ATE COLLEGES (REGULATION
AND CONTROL) ACT, 2002
(Act No. XXII of 2002)
THE JAMMU AND KASHMIR PRIV ATE COLLEGES
(REGULATION AND CONTROL) ACT, 2002
(Act No. XXII of 2002)
CONTENTS
Section
1. Short title, extent and commencement.
2. Definition.
3. No private college to be established or run without prior permission.
4. Publication of list of colleges.
5. Grant-in-aid.
6. Management of private colleges.
7. Restriction on alienation of property of aided colleges.
8. Property to be in the name of educational agency.
9. Selection and appointment of teaching and non-teaching staff in private
colleges.
10. Conditions of service of staff in private colleges.
11. Withdrawal of permission.
12. Private colleges to furnish returns etc.
13. Maintenance of accounts in aided colleges.
14. Audit.
15. Fees.
16. Admission.
17. Unauthorized colleges.
Section
18. Indemnity.
19. Courts not to grant injunction.
20. Power to remove difficulties.
21. Delegation of powers.
22. Penalty.
23. Power to make rules.
24. Repeal.
–––––––
 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 200291
THE JAMMU AND KASHMIR PRIVATE COLLEGES
(REGULATION AND CONTROL) ACT, 2002
(Act No. XXII 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 the regulation and control of Private Colleges
in the 1[Union territory of Jammu and Kashmir].
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 extend to the whole of 2[the Union territory of Jammu and
Kashmir].
3(3) It shall come into force on such date as the Government may, by
notification in the 4[Official 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) B.A., B.Sc., B.Com. B.B.A., B.C.A., B.Ed., LL.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
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
2. Substituted ibid for “the State of Jammu and Kashmir”.
3. Enforced vide SRO 513 dated 18th  December, 2002 w.e.f. 20-12-2002.
4. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
92 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 2002
(ii) the land, buildings, playgrounds, hostels 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 ;
1[(f) “Government” means the Government of the Union territory of
Jammu and Kashmir ;]
(g) “prescribed” means prescribed by the rules made under this Act ;
(h) “private college” means a college (aided or unaided) established,
run or maintained by any educational agency ;
2[(i) “State” means the Union territory 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 3[Official Gazette],
appoint the competent authority for the accord of permission for the purposes of
this Act.
(3) Any person or educational agency aggrieved of any order of the
competent authority may, within thirty days from the date of order, prefer an
appeal to the Government.
1. Clause (f) substituted by S.O. 1229(E) dated 31.03.2020.
2. Clause (i) substituted ibid.
3. Substituted ibid for “Government Gazette”.
 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 200293
(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.
4. Publication of list of colleges.–– The Government shall on or before the
first day of May each year, publish in the 1[Official Gazette] and in two local
dailies a list containing the names of aided and unaided colleges which have
been set up under this Act together with such particulars of such colleges as it
may consider necessary.
5. Grant-in-aid.–– The Government may, give grant-in-aid to the recognized
private colleges. The quantum of such grant-in-aid and the conditions to be
fulfilled by such private colleges for the receipt of such grant-in-aid shall be
prescribed.
6. Management of private colleges.–– All private colleges recognized under
this Act shall be maintained and run by the educational agencies in the prescribed
manner.
7. Restriction on alienation of property of aided colleges. ––(1)
Notwithstanding anything contained in any law for the time being in force, no
sale, mortgages, pledge or transfer of possession in respect of any immovable
property of an aided college shall be made or created except with the prior
permission of the competent authority. No such permission shall be granted, if,
in the opinion of the competent authority, such permission can adversely affect
the working of the college.
(2) Any transaction made in contravention of sub-section (1) shall be null
and void.
8. Property to be in the name of educational agency.–– Any property or
assets owned, held or acquired by any person for or on behalf of any private
college, shall for the purposes of this Act, be deemed to be the property of the
educational agency notwithstanding that such property stands in the name of
any individual.
9. Selection and appointment of teaching and non-teaching staff in private
colleges. ––(1) All selections and appointments of teaching staff in private
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “Government Gazette”.
94 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 2002
colleges shall be made by Selection/Appointment Committee which shall be
constituted by the educational agency in the prescribed manner.
(2) The academic and other qualifications required for teaching and non-
teaching posts shall not be lower than those prescribed for corresponding posts
in Government service.
10. Conditions of service of staff in private colleges.–– The general
conditions of service of teaching and non-teaching staff in private colleges
including conditions relating to minimum eligibility, pay, gratuity, provident fund
and age of retirement shall be such as may be determined by the concerned
educational agency in the prescribed manner.
11. Withdrawal of permission.–– The competent authority may in public
interest withdraw permission to run a private college if in its opinion the
educational agency is not running the college in accordance with the provisions
of this Act or the rules made thereunder :
Provided that no such order of withdrawal of permission shall be passed
by the competent authority without affording to the educational agency a
reasonable opportunity of being heard :
Provided further that an educational agency aggrieved by the decision
of the competent authority under this section may prefer an appeal to the
Government against such decision within a period of thirty days from the date
such decision is conveyed to it and the Government, after affording a reasonable
opportunity of being heard to such educational agency and the competent
authority, may pass such orders as it may deem fit. Such an order shall be final
and binding on all parties.
12. Private colleges to furnish returns etc.–– Every private college shall
within such time as may be fixed by the competent authority furnish such returns,
statistics and any other information as the competent authority may from time to
time require.
13. Maintenance of accounts in aided colleges. - (1) The Government shall
prescribe the manner in which the accounts of aided colleges shall be maintained.
(2) Violation of sub-section (1) by an aided college shall render it liable to
suspension of grant-in-aid facility.
14. Audit. ––(1) The accounts of aided colleges shall be audited manually
by an agency to be appointed by the competent authority.
 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 200295
(2) The accounts of the aided colleges shall be audited in such manner as
may be prescribed.
(3) The agency so appointed shall prepare report of the accounts and
submit the same to the competent authority.
15. Fees.–– The Government shall from time to time prescribe norms and
procedures to fix the rate of fee to be charged from the students in private
colleges.
16. Admission.–– Admissions in all private colleges shall be made in
prescribed manner.
17. Unauthorized colleges. ––(1) A private college or a private institution
imparting education in academic or technical fields beyond 10+2 standard which
has been established without permission of the Government as laid down in
“The Jammu and Kashmir Private Education Institution (Regulation and Control)
Act, 1967” and affiliated to a University with its seat outside the 1[Union territory
of Jammu and Kashmir] in contravention of Kashmir and Jammu University Act,
1969, shall for the purposes of this Act, be treated as unauthorized.
(2) Franchise institutions sponsored by or affiliated with any non-
Governmental organizations based within or outside the 1[Union territory of
Jammu and Kashmir] shall also be treated as unauthorized institutions for the
purposes of this Act.
(3) Unauthorized institutions shall be liable to closure with effect from the
date of commencement of this Act :
Provided that an institution running courses after the affiliation with or
accreditation from Shri Mata Vaishno Devi University, Indira Gandhi National
Open University (IGNOU), Department of Electronics Accreditation of Computer
courses Society (DOEACC Society) and other such autonomous organizations
shall not be liable to closure if it seeks permission on the commencement of this
Act, from the Government to run the recognized courses.
18. Indemnity.–– No suit, prosecution or other legal proceeding shall lie
against the Government or any authority or any officer in respect of anything
which is in good faith done or intended to be done under any provision of this
Act or the rules framed thereunder.
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “State”.
96 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 2002
19. Courts not to grant injunction.–– Notwithstanding anything contained
in 1[the Code of Civil Procedure, 1908 (5 of 1908)] or in any other law for the time
being in force, no court shall grant any injunction or make any interim order
restraining any proceeding which is being or about to be taken under this Act.
20. Power to remove difficulties.–– If any difficulty arises in giving effect
to the provisions of this Act, the Government may be order do anything not
inconsistent with such provisions which appear to it to be necessary or expedient
for the purposes of removing the difficulties :
Provided that no such order shall be passed after the expiry of two years
from the commencement of this Act.
21. Delegation of powers.–– The Government may, by notification in the
Government Gazette and subject to such conditions, if any, as may be specified,
authorize any officer or authority subordinate to it to exercise any or all of the
powers except the power to make rules, exercisable by it under this Act.
22. Penalty. ––(1) Whoever contravenes any of the provisions of this Act
or rules framed thereunder shall, on conviction before the First Class Judicial
Magistrate, be liable to a fine which shall not be less than fifty thousand rupees
and may extend up to two lakh rupees.
(2) In case of an educational agency consisting of a group of persons, all
members of such agency shall be liable to fine under sub-section (1) individually.
23. Power to make rules. ––(1) The Government may make rules for the
purposes of carrying into effect the provisions of the Act.
(2) In particular and without prejudice to the generality of the foregoing
provisions, such rules may provide for all or any of the following, namely :––
(a) the procedure for obtaining the permission of the competent authority
for the establishment of a private college ;
(b) the giving of grant-in-aid by the Government ;
(c) the conditions of service of staff in private colleges ;
(d) the selection of staff in private colleges ;
1. Substituted by S.O. 1229(E) dated 31.03.2020 for “the Code of Civil Procedure, Samvat
1977”.
 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 200297
(e) the manner in which accounts shall be maintained in aided
colleges ;
(f) inspection ; and
(g) any other matter which is or may be prescribed under this Act.
24. Repeal.–– The Jammu and Kashmir Private Educational Institutions
(Regulation and Control) Act, 1967 and the Jammu and Kashmir Private Colleges
(Regulation and Control) Act, 1984 are hereby repealed.
–––––––
98 PRIV A TE COLLEGES (REGULA TION AND CONTROL) ACT, 2002

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