The JAMMU AND KASHMIR STATE BOARD OF TECHNICAL EDUCATION ACT, 2002

BOARD OF TECHNICAL EDUCATION
ACT, 2002
(Act No. XXIV of 2002)
208 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 209
THE JAMMU AND KASHMIR STATE BOARD OF
TECHNICAL EDUCATION ACT, 2002
(Act No. XXIV of 2002)
CONTENTS
SECTION.
1. Short title, extent and commencement.
2. Definitions.
3. Establishment of Board.
4. Consequences of estab-lishment of the Board.
5. Composition of the Board.
6. Co-option of Experts.
7. Term of office of the Members.
8. Resignation of the Members.
9. Removal of Member.
10. Casual vacancies.
11. Re-nomination or re-co-option of a member.
12. Acts and proceedings of Board not to be invalidated by vacancy, etc.
13. Powers and duties of the Board.
14. Committees of the Board.
15. Powers and functions of the Committees.
16. Powers and duties of Chairman.
17. Powers and duties of Secretary.
18. Conditions of service of new employees.
19. Payment to the Board.
210 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
SECTION. SECTION.
20. Fund of the Board.
21. Annual Report.
22. Annual Accounts.
23. Authentication of decisions and other instruments of the Board.
24. Powers of revision by Government.
25. Finality of orders by Government.
26. Powers to supersede the Board.
27. Appeals.
28. Directions by the Government.
29. Inspection.
30. Certain Persons to be public servant.
31. Protection of action taken in good faith.
32. Removal of difficulties.
33. Power to make rules.
34. Powers to make regulations.
35. Bye-laws.
36. Savings.
–––––––
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 211
THE JAMMU AND KASHMIR STATE BOARD OF
TECHNICAL EDUCATION ACT, 2002
(Act No. XXIV 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 establishment of State Board of Technical
Education to regulate matters pertaining to Diploma Level Technical
Education in the 1[Union territory of Jammu and Kashmir], to develop the
standards of Technical Education and to monitor the performance of the
affiliated institutions and for other matters 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, extent and commencement. ––(1) This Act may be
called the Jammu and Kashmir State Board of Technical Education
Act, 2002.
(2) It extends to the 2[whole of 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 *{Government Gazette}, appoint].
2. Definitions.–– In this Act, unless the context otherwise
requires :––
(a) “Academic Committee” means the academic committee of
the Board ;
(b) “Affiliated Institution” means an institution affiliated to the
Board in respect of any course of study in accordance with
the provisions of this Act, or the rules or regulations made
thereunder ;
(c) “Affiliation and Accreditation Committee” means the
affiliation and accreditation committee of the Board ;
1. Substituted for “State” by S.O. 1229 (E) of 2020 dated 31.03.2020.
2. Substituted ibid for “whole of the State of Jammu and Kashmir.”
3. Enforced vide SRO-143 dated 16th April, 2003 w.e.f. 20th April, 2003.
* Now Official Gazette.
212 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(d) “Board” means the Board of Technical Education
established under section 3 of this Act ;
(e) “Certificate” means a certificate awarded by the Board of
any course of study in accordance with the provisions of
this Act, or the rules or regulations made thereunder ;
(f) “Chairman” means Chairman of the Board ;
(g) “Council” means the All India Council for Technical
Education, New Delhi established under section 3 of the
All India Council for Technical Education Act, 1987 ;
(h) “Department” means the Department of Technical Education
of the 1[Union territory of Jammu and Kashmir] ;
(i) “Diploma” means a diploma awarded to a person for
successfully completing, in an affiliated institution, such
recognised course of study as may from time to time be
specified by regulations ;
(j) “Examination Committee” means the examination
committee of the Board ;
(k) “Executive Committee” means the executive  committee of
the Board ;
(l) “Finance Committee” means the finance committee of the
Board ;
(m) “General Body” means the General Body of the Board and
all other members of the Board as appointed, nominated or
co-opted under section 5 and section 6 of this Act ;
2[(n) “Government” means Government of the Union territory
of Jammu and Kashmir] ;
(o) “Industrial Training Institute (ITI)” means an institution
approved by the Government, Director General,
Employment and Training, Government of India, National
Council of Vocational Trainings or State Council for
Vocational Trainings for imparting industrial training in any
specified discipline ;
1. Construed for “State” by sub-clause (8) of clause (2) of S.O. 3912 (E) dated 30.10.2019.
2. Clause (n) substituted by S.O. 1229 (E) dated 31.03.2020.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 213
(p) “Institution” means an institution imparting technical
education or industrial training or both ;
(q) “Member” means a member of the Board and includes the
Chairman and Secretary thereof ;
(r) “Prescribed” means prescribed by the rules made under this
Act ;
(s) “Recognised Course” means a course recognised by the
Board under the provisions of this Act, or the rules or
regulation made thereunder ;
(t) “Regulations” means the regulations made under section
34 of this Act ;
(u) “Rules”  means the rules made under section 33 of this Act ;(v) “Secretary” means the Secretary of the Board ;
1[(w) Omitted] ; and
(x) “Technical Education” means programmes of education
research and training in engineering, technology,
architecture, town planning, management, pharmacy,
applied arts and crafts and such other programmes or areas,
as the Government may, by notification in the *[Government
Gazette], declare from time to time.
3. Establishment of Board. ––(1) The Government shall, by notification
in the *[Government Gazette], establish a Board of Technical Education with
effect from such date as may be specified in the notification.
(2) The Board shall be a body corporate by the name aforesaid
and shall have perpetual succession and a common seal with power to contract
and do all other things necessary for the purpose of its constitution and shall,
by the said name, sue and be sued.
(3) The Board shall have its headquarters at such place as may be
notified by the Government in the *[Government Gazette].
4. Consequences of establishment of the Board. ––On the
establishment of the Board under section 3 :––
1. Clause (w) omitted by S.O. 1229 (E) of 2020 dated 31.03.2020.
* Now Official Gazette.
214 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(a) the Jammu and Kashmir State Board of Technical Education
(hereinafter referred to as (‘Dissolved Board’) as existing
on the commencement of this Act, shall stand dissolved ;
(b) any property whether movable or immovable belonging to
the Dissolved Board, shall vest in the Board ;
(c) all rights and liabilities of the Dissolved Board shall be
deemed to be the rights and liabilities of the Board ; and
(d) every institution affiliated to the Dissolved Board,
immediately before the date of establishment of the Board,
shall be deemed to be affiliated to the Board, subject to
provisions of this Act.
5. Composition of the Board.–– The Board shall consist of the
following members, namely :––
(a) Minister incharge of Technical Education, J&K Chairman,
ex officio ;
(b) Secretary to Government, Education Department incharge
of Technical Education, ex officio ;
(c) Secretary to Government, Finance Department, ex officio ;
(d) Secretary to Government, Planning and Development
Department  ex officio ;
(e) Secretary to Government, I&C Department, ex officio ;
(f) Secretary to Government, PWD, ex officio ;
(g) Two Principals from amongst the principals of the approved/
recognised Engineering College nominated by the
Government in rotation ;
(h) Four Engineers or professionals representing various
engineering disciplines not below the rank of
Superintending Engineers or a Professor or a Senior lecturer
of Engineering Colleges nominated by the Government ;
(i) Director, Industries & Commerce, ex officio ;
(j) An officer of the Government of India, Ministry of Human
Resource Development to the nominated by the Government
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 215
of India ;
(k) A representative of the Council to be nominated by it ;
(l) Principal, T.T.T.I. Chandigarh or his representative not
below the rank of a professor ;
(m) Director, Technical Education, ex officio ;
(n) Two industrialists of repute nominated by the Government ;
(o) Secretary, J&K State Board of School Education ; ex
officio;
(p) Three Principals from amongst the Principals of the
Polytechnics (one each from Government, Private and
Women’s Polytechnics) nominated by the Government ;
(q) Two representatives of teaching faculty of the Polytechnics
nominated by the Government ; and
(r) Member-Secretary, to be appointed by the Government.
6. Co-option of Experts.–– The Board may co-opt experts in the
field of technical education as members on such terms and conditions as
may be prescribed.
7. Term of office of the Members.–– The term of office of the
members, other than the ex officio members, shall be three years :
Provided that a person shall cease to be a member if he ceases to
hold the office by virtue of which he is appointed or nominated, as the case
may be, as a member.
8. Resignation of the Members. ––(1) Any member, not being an ex
officio, may resign his office at any time by tendering resignation in writing
to the Government and such member shall be deemed to have vacated his
office as soon as the Government accepts his resignation.
(2) A co-opted member may resign his office at any time by tendering
resignation in writing to the Secretary and such member shall be deemed to
have vacated office on the acceptance of the resignation by the Board.
9. Removal of Member.–– The Government may, by order in writing,
remove any member from office on all or any of the following grounds,
namely :––
216 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(i) that the member has abused his position ;
(ii) that the member has been convicted by a court of law of an
offence involving moral turpitude ;
(iii) that the member is guilty of disgraceful conduct which in
the opinion of the Government renders him unfit to continue
as member ;
(iv) that the member has continuously absented himself from
three consecutive meetings of the Board without the prior
permission of the Chairman :
Provided that before issuing such order the Government shall give
such member an opportunity of being heard.
10. Casual vacancies.–– The casual vacancies among the members
of the Board shall be filled, as soon as may be, by appointment, nomination
or election, as the case may be, and the person appointed, nominated or
elected in the casual vacancy shall hold office only so long as the member in
whose place he is appointed, nominated or elected, as the case may be, would
have held it, as if the vacancy had not occurred.
11. Re-nomination or re-co-option of a member.–– Subject to the
provisions of this Act a member, except the one who is removed under section
9, shall be eligible for re-nomination or re-cooption, as the case may be.
12. Acts and proceedings of Board not to be invalidated by vacancy,
etc.–– No act or proceeding of the Board shall be invalid merely by reason
of––
(a) any vacancy or defect in the constitution thereof ;
(b) any defect in the nomination or appointment of any person
acting as a member thereof ; or
(c) any irregularity in its procedure not affecting the merits of
the case.
13. Powers and duties of the Board. ––(1) The Board may ordinarily
meet once in every six months but shall hold at least one meeting in a year.
(2) The Board shall, in addition to the meeting referred to in sub-
section (1), hold a meeting to be known as annual meeting to consider and
approve its annual report, audited annual accounts and balance sheets.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 217
(3) Subject to the provision of this Act and the norms of guidelines,
if any, laid down by the Council, the powers and duties of the Board shall be
following, namely :––
(i) to recognize or affiliate any Polytechnic situated within or
outside the 1[Union territory of Jammu and Kashmir] :
Provided that, where any Polytechnic situated outside the
1[Union territory of Jammu and Kashmir] is recognised or
affiliated, an intimation of such recognition/affiliation shall
forthwith be given by the Board to the Council as well as to
the Government and the Board of the State in which such
recognised or affiliated institution is located ;
(ii) to inspect or cause to be inspected any institution seeking
affiliation ;
(iii) to specify the nature of study and instructions leading to
the examinations to be conducted by it ;
(iv) to fix norms and standards for infrastructure and equipment
for affiliated institution ;
(v) to specify the educational and other qualifications of
persons to be appointed on the faculty of recognised/
affiliated polytechnics ;
(vi) to refuse to affiliate any institution which :––
(a) does not fulfil or is unable to fulfil the standards
laid down by the Board  for staff, instructions,
equipment and building ; or
(b) does not abide by the conditions for affiliation laid
down by the Board :
Provided that affiliation to an institution shall not be refused
without giving a reasonable opportunity of being heard and
without passing an order in writing by recording reasons
therefor.
(vii) to withdraw affiliation of any institution which is unable to
adhere to or make a provision for standards of staff,
instruction, equipment or building as laid down by the Board
1. Substituted for “State” by S.O. 1229 (E) of 2020 dated 31.03.2020.
218 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
or on its failure to observe the conditions of affiliation to
the satisfaction of the Board :
Provided that affiliation of an institution shall not be
withdrawn without giving it a reasonable opportunity of being
heard and without passing an order in writing by recording
reasons therefor ;
(viii) to specify the educational and other qualifications for
admission of students to recognised/affiliated Polytechnics
and the terms and conditions upon which, and manner in
which, students shall be admitted to such polytechnics ;
(ix) to conduct examinations for the students admitted to
recognised/affiliated polytechnics from time to time leading
to the award of diplomas ;
(x) to provide for the conditions including examinations fees
for admission  to examinations conducted by it ;
(xi) to call report from Head of the affiliated institutions in
respect of any act done in contravention of the rules,
regulations, decisions, instructions or directions of the
Board in such manner, as may be specified in the
Regulations ;
(xii) to inspect or cause to be inspected an affiliated institution
for purpose of ensuring due observance of the specified
courses of study and also to ensure that the facilities for
instructions are fully provided and availed of ;
(xiii) to provide for the publication of the results of the
examinations and for the grant of certificates and diplomas
to students who have satisfactorily completed the course of
study in any recognised Polytechnic and passed the
examination conducted for the purpose ;
(xiv) to advise the Government on all matters relating to technical
education and training in the 1[Union territory of Jammu
and Kashmir] at Polytechnic level ;
(xv) to coordinate and maintain standards of technical education
at Polytechnic level and to affect reorientation of such
education in conformity with the norms and standards of
1. Substituted for “State” by S.O. 1229 (E) of 2020 dated 31.03.2020.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 219
courses laid down by the Council so as to serve the needs
of commerce and industry and to promote cooperation
amongst recognised Polytechnics and industrial and
commercial organisations ;
(xvi) to institute an award, fellowships (including travelling
fellowships), scholarships, studentships and to award prizes
and distinction certificates ;
(xvii) to prescribe norms and procedure for grant of assistance to
the affiliated institution for improving the quality of
technical education ;
(xviii) to cooperate with the Council and its regional Committee
and Boards of Studies and other All India Organizations
and authorities for the purpose of effective functioning of
the Board, to effect uniformity in standards in recognised
Polytechnics and to increase the potential for the
employment of those successfully completing the course in
a Polytechnic ;
(xix) to exercise disciplinary jurisdiction over the students with
regard to any matter pertaining to the conduct of
examination or the award of certificates or diplomas ;
(xx) to borrow money, with the prior approval of the Government
and on the security of its property, for carrying out its duties
imposed by or under this Act ;
(xxi) to delegate, by notification, such of its powers and functions
subject to such conditions as it may think fit, to any
recognised Polytechnic ;
(xxii) to recommend to Government introduction of new courses ;
(xxiii) to refer any question arising in the course of exercise of its
powers or in the discharge of its duties and functions under
this Act, to any appropriate committee and consider the
Committee’s recommendations thereon ;
(xxiv) to instruct the affiliated institution to make available
infrastructure, faculty, and such other facilities as may be
required by the Board for smooth conduct of examination
and for proper discharge of functions under this Act or the
rules or the regulations made thereunder ;
220 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(xxv) to develop and launch a job placement module, to be made
available on the website, for the information of the
prospective employees of the pass outs about the availability
of the candidates for job in their organisation. The feed back
on the job acceptability of the pass outs shall in turn be
utilized in reorienting the course curriculum to the needs
of the industry ;
(xxvi) to formulate schemes for initial and in-service training of
teachers and identify institutions or centres and set up new
centers for staff development programmes including
continuing education of teachers ;
(xxvii) to take all necessary steps to prevent commercialization of
technical institutions ;
(xxviii) to lay down policy and procedures for migration or transfer
of students from one institution to another ;
(xxix) to carry out such other duties as may be imposed on it under
this Act, or the rules or regulations made thereunder and
also such other functions and powers as may be assigned or
delegated to it by the Government. This may include conduct
of examination of the students admitted in the Industrial
Trainings Institutes (ITIs) in the 1[Union territory of Jammu
and Kashmir].
14. Committees of the Board.––(1) The Board shall for the purpose
of carrying out the provisions of this Act, and the rules and regulations made
thereunder, appoint the following committees, namely :––
(a) Academic Committee ;
(b) Finance Committee ;
(c) Examination Committee ;
(d) Affiliation and Accreditation Committee ;
(e) Executive Committee ; and
(f) Such other committees as may be prescribed.
(2) The Board shall, subject to the rules made in this behalf,
1. Substituted for “State” by S.O. 1229 (E) of 2020 dated 31.03.2020.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 221
constitute the committees in such manner and for such period as it may deem
fit.
(3) Each committee shall consist of such number of members as
the Board may, subject to rules, determine.
(4) Every committee shall submit its report to the Board for such
decisions thereon, as the Board may consider necessary.
15. Powers and functions of the Committees.–– Subject to the control
of the Board :––
(A) the Academic Committee shall––
(i) consider all academic matters relating to the examination
conducted by the Board, including the conditions to be
fulfilled and tests to be passed by the candidates and report
thereon to the Board ;
(ii) recommend to the Board syllabi and courses of study for
the examination held by the Board after considering the
recommendation of the committee on courses ;
(iii) constitute sub-committees for preparation and revision of
syllabi in various courses ;
(iv) advise the Board on general matters relating to technical
and vocational education ; and
(v) constitute such other sub-committee and delegate such
powers to it as it may consider necessary ;
(B) the Finance Committee shall––
(i) act as advisory body in all matters relating to the finances
of the Board ;
(ii) prepare the annual Budget of income and expenditure and
submit it to the Board for its approval ; and
(iii) perform such other functions as may be prescribed or
delegated to it by the Board ;
(C) the Committee for Examination shall––
222 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(i) make arrangement for conduct of the examination in
conformity with the provisions of this Act, and rules and
regulations made thereunder ;
(ii) constitute a sub-committee for appointment of paper setters
and examiners after considering the recommendation of the
Committee on Courses ;
(iii) propose the opening and closing of examination centres ;
(iv) appoint supervisory and other related staff for smooth
conduct of the examinations of the Board ;
(v) appoint vigilance squads and inspectors for various
examinations of the Board ;
(vi) authorise declaration and publication of results of the
examination conducted by the Board ;
(vii) amend or cancel the results of an examination for any
bonafide error of the Board in the declaration of the result
of the examination :
Provided that the result of an examination shall not be
cancelled on the ground of bonafide error of the Board, after
the expiry of the period of ninety days from the date of
declaration of the result of the examination ;
(viii) consider and decide the case relating to misconduct and
use of unfair means in the examination conducted by the
Board and cancel an examination or withhold results of an
examination of a candidate or disallow him from appearing
in any examination who is found to be guilty of :––
(a) using unfair means in the examination ; or
(b) making any incorrect statement or suppressing
material information or fact in the application form
for admission to the institution or to the
examination ; or
(c) fraud or impersonation at the examination ; or
(d) securing admission to the examination in
contravention of the rules or regulations governing
admissions to such examinations ; or
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 223
(e) any act of gross indiscipline in the examination :
Provided that the candidate against whom an action
under this section is proposed to be the taken, shall be
given a reasonable opportunity of being heard before
passing final orders in this behalf ; and
(ix) constitute such other sub-committee and delegate such
powers to it as it may consider necessary ;
(D) the Affiliation and Accreditation Committee shall––
(i) fix norms and standards for building, equipment and faculty
for affiliation of institution ;
(ii) scrutinize applications received from institution desiring
to be affiliated or recognised for purposes of an examination
conducted by the Board, call for any information necessary
for purposes of affiliation or recognition, appoint panel or
experts inclusive of the officers of the Board, conduct the
inspection of the institution and to make such
recommendation to the Board as may be considered
appropriate for affiliation or otherwise of institution ;
(iii) conduct inspection of an institution affiliated with the Board
at such intervals as may be prescribed to assess whether
the institution has adhered to or made a provision for
standards of staff, instructions, equipment and buildings as
laid down by the Board and on its failure to observe the
conditions of affiliation, shall make appropriate
recommendation to the Board for withdrawal of affiliation
of an institution ;
(iv) based on the annual inspection of the affiliated institution,
submit annual report to the Board regarding the working of
all affiliated/recognised institutions ; and
(v) constitute such other sub-committee and assign such
responsibility to it as it may be considered necessary ;
(E) the Executive Committee shall––
(i) consider all matters of importance concerning the
functioning of the Board and take appropriate decision or
make suitable recommendation to the Chairman or to the
Board, as the case may be, for consideration ;
224 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(ii) consider all issues related to the service matters of the
employees of the Board and take appropriate decision
thereon as per the delegation prescribed ;
(iii) exercise disciplinary jurisdiction over the employees of the
Board in all matters ;
(iv) arrange to prepare and submit the annual report of the Board
to the General Body of the Board for approval under section
21 of this Act ;
(v) constitute such other sub-committee and delegate such
powers to it as it may be necessary ; and
(vi) perform such other functions as may be prescribed or
delegated to it by the Board ;
(F) the other committees constituted by the Board under clause (f)
of sub-section (1) of section 14 of this Act shall exercise such
power and discharge such duties as the Board may, subject to
rules or regulations made in this behalf, determine.
16. Powers and duties of Chairman. ––(1) The Chairman shall,
subject to the superintendence, control and direction of the Board, have
power to––
(a) do all acts required for implementing the decisions of the
Board and perform such other duties in relation thereto as
may be prescribed ; and
(b) make such orders, as he may deem fit, on the decisions of
the Committees appointed under section 14 or any matter
falling within the jurisdiction of the Board.
(2) The Chairman, and in his absence a Member nominated by him,
shall convene and preside over the meetings of the Board.
(3) Subject to the provisions of this Act, and the rules and regulations
made thereunder, if the Chairman is satisfied that immediate action has to
be taken on any matter which is within the competence of the Board, he may
by order in writing take such action as he may deem necessary.
(4) The Chairman shall at the earliest meeting thereafter of the
Board, inform the Board of every action taken by him under clause (b) of
sub-section (1) or sub-section (3).
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 225
(5) The Chairman shall consider and approve migration or transfer
of students from one institution to another in accordance with such policy
or procedures as may be prescribed.
17. Powers and duties of Secretary. ––(1) The Secretary shall,
subject to the superintendence, control and direction of the Chairman and
the Board, be the Principal Executive of the Board and shall be :––
(a) responsible for the preparation of the estimates of accounts
and annual statement of income and expenditure of the
Board ;
(b) responsible for ensuring that the money allotted to the Board
is spent for the purpose for which it is allotted ;
(c) responsible for keeping the minutes of the meeting of the
Board ;
(d) responsible of preparation of the annual report of the Board
under section 21 for submission to the General Body for its
approval ; and
(e) entitled to be present at the meetings of the Board and take
part in its proceedings and shall have the right to vote.
(2) The Secretary shall exercise all such other powers, as may either
be conferred on him under the rules or the regulations, or delegated to him
by the Board.
18. Conditions of service of new employees. ––(1) Every person
who is appointed to the services of the Board shall be appointed on such
terms and conditions and in such manner as may be prescribed :
Provided that such officers/officials who will be on deputation to
the Board, their terms and conditions of services shall be governed by
standard terms of deputation provided in the Jammu and Kashmir Civil
Service Regulations.
19. Payment to the Board.–– The Government may, after the due
appropriation made by the 1[Legislature of the Union twrritory of Jammu
and Kashmir] by law in this behalf, pay to the Board in each financial year
such sums as may be considered necessary for the performance of functions
of the Board under this Act.
1. Construed by S.O. 3912(E) of dated 30.10.2019 for “State Legislature”.
226 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
20. Fund of the Board. ––(1) The Board shall have its own fund,
and the following moneys shall be credited thereto––
(a) amounts placed at its disposal, from time to time, by the
Government by way of grants ;
(b) the fees and other charges leviable under this Act ; and
(c) the other money received by or on behalf of it.
(2) The fund, except permanent advance as may be authorised by
the Board to meet petty expenditure, shall be kept in the Jammu and Kashmir
Bank or at the discretion of the Board, be invested in securities authorised
by the Government.
(3) The funds of the Board shall be utilised only for the payment of
charges and expenses authorised by or under this Act or for carrying out any
of the purposes of this Act and shall be operated in such manner as may be
prescribed.
21. Annual Report. ––(1) The Annual Report of Board shall be
prepared by the Secretary under the direction of the Executive Committee
and shall be submitted to the General Body of the Board for approval within
such time as may be prescribed and the General Body of Board shall consider
the same at its annual meeting.
(2) The Board shall submit the annual report together with its
comments, to the Government within such time as may be prescribed.
22. Annual Accounts. ––(1) The  annual accounts and balance sheet
of the Board shall be prepared by the Secretary under the supervision of the
Finance Committee.
(2) The annual accounts and balance sheet as prepared by the
Secretary shall be audited every year by such auditor as may be appointed
by the Government on payment of such amount as may be specified from
amongst persons qualified for appointment as auditors of companies under
section 226 of the Companies Act, 1956 and there shall not be interval of
more than fifteen months between two successive audits.
(3) The audited annual accounts shall be published by the Secretary
in the Gazette and a copy thereof together with the auditors reports shall be
presented by him to the General Body and forwarded to the Government
together with the comments, if any, of the Finance Committee.
(4) The Government may make such comment on the annual
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 227
accounts as it may deem appropriate and every such comment shall be placed
by the Secretary before the Chairman and the General Body for their
observations. The observations made by the Chairman and the General Body
shall be placed by the Secretary before the Finance Committee which shall
duly consider them and make its own observations and forward them to the
Government.
(5) The Government shall soon after the submission of annual report
alongwith audited annual accounts and balance sheet of the Board cause the
same to be laid before 1[the Legislative Assembly of the Union territory of
Jammu and Kashmir] before the close of the financial year following the
year to which the report relates.
23. Authentication of decisions and other instruments of the Board. ––
(1)  All the decisions of the Board shall be taken by the Board by passing
resolutions and shall be authenticated by the signature of the Chairman or in
his absence by such other Member as may be authorised by the Board in this
behalf.
(2) All instruments on behalf of the Board shall be authenticated
under the signature of the Secretary :
Provided that the Board may, by order, authorise any Member or
officer of the Board to authenticate an instrument by affixing signature in
the absence of Secretary or where the Board consider it necessary under the
circumstance of any case that the instrument should be authenticated by any
such Member or officer of the Board.
24. Powers of revision by Government.–– Without prejudice to the
generality of the powers conferred on it under this Act, the Government
may, by order in writing annul any proceeding of the Board or of any of its
authorities, which on the face of it is not in conformity with the provisions
of this Act or the rules or regulations or bye-laws made thereunder :
Provided that before making any such order the Government shall
give the Board an opportunity to show cause why such an order shall not be
made.
25. Finality of orders by Government.––Every order passed by the
Government under section 24 or section 28 or section 29 shall be final and
binding.
26. Powers to supersede the Board.––(1) If the government is of the
opinion that the Board is unable to perform, or has persistently made default
1. Construed for “both houses of the State Legislature” by S.O. 3912 (E) dated 30.10.2019.
228 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
in the performance of, the duty imposed in it by or under this Act or has
exceeded or abused its powers, or has wilfully or without sufficient cause,
failed to comply with any direction issued by the Government under section
28 or section 29, the Government may, by notification in the *Government
Gazette, supersede the Board for such period as may be specified in the
notification :
Provided that before issuing a notification under this sub-section, the
Government shall give a reasonable time to the Board to show cause why it
should not be superseded and shall consider the explanation and objections,
if any, of the Board.
(2) Upon the issuance of the notification under sub-section (1)
superseding the Board :––
(a) all the members of the Board shall, notwithstanding that their
term of office had not expired, as from the date of supersession,
vacate their offices as a members ;
(b) all the powers and duties which may, by or under the provisions
of this Act, be exercised or performed by or on behalf of  the
Board shall, during the period of supersession be exercised and
performed by such persons as the Government may direct ; and
(c) all property vested in the Board shall, during the period of
supersession, vest in the government.
(3) On the expiration of the period of supersession specified in the
notification issued under sub-section (1), the Government may––
(a) extend the period of supersession for such further period as it
may consider necessary ; or
(b) reconstitute the Board in the manner provided in section 5 of
this Act.
27. Appeals.––(1) Any employee of the Board or any student of a
recognised Polytechnic who is aggrieved by any action taken by any of the
committees of the Board constituted under section 14 of this Act, may within
thirty days from the date of issue of the communication about the action
taken, appeal to the Chairman who shall pass such orders thereon as he may
deem fit.
(2) Any recognised Polytechnic whose recognition is withdrawn by
the Board under clause (vii) of sub-section (3) of section 13 may, within
* Now Official Gazette.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 229
thirty days from the date on which Board issued a communication about the
withdrawal of its recognition, appeal to the Government which may, after
making such inquiry as it may deem fit and after giving the Board and the
polytechnic a reasonable opportunity to state their case, pass such order as
it may deem fit and every such order shall be binding on the Board and the
polytechnic.
28. Directions by the Government.––(1) In the discharge of its functions
under this Act, the Board shall be guided by such directions on questions of
policy as may be given to it by the Government.
(2) If any dispute arises between the Government and the Board as to
whether the question is or is not a question of policy, decision thereon of the
Government shall be final.
29. Inspection.––The Government may, at any time, arrange for an
inspection of or inquire into the affairs of the Board by such authority or
person as it may specify, to satisfy about the proper and effective functioning
of the Board and also upon any matter connected with the administration or
the finance of the Board.
(2) The Board may authorise any person to represent it at the inspection
or inquiry referred to above.
(3) On receipt of the report of inspection or inquiry referred to in sub-
section (1), the Government may examine the same and give such directions
as it may consider necessary to the Board.
30. Certain Persons to be public servant.––(1) Every person entrusted
with the duty of supervising or doing invigilation work at any centre where
an examination is conducted by the Board, shall for one month prior to the
date of commencement of, and two months immediately after the closing of,
such examination be deemed to be public servant within the meaning of
section 21 of the 1[Indian Penal Code (45 of 1860)].
(2) An assault on, or the use of criminal force to, any person entrusted
with the duty of supervising or doing invigilation work at any such centre
shall, during the period mentioned in sub-section (1), be deemed to be an
obstruction voluntarily caused to a public servant in the discharge of his
public functions, punishable under section 186 of the 1[Indian Penal Code
45 of 1860)] and shall notwithstanding anything contained in the 2[Code of
Criminal Procedure, 1973 (2 of 1974)] be a cognizable offence.
1. Substituted for “Jammu and Kashmir State Ranbir Penal Code, Samvat 1989” by S.O.
1229 (E) dated 31.03.2020.
2. Substituted for “Code of Criminal Procedure, Samvat 1989” ibid.
230 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
31. Protection of action taken in good faith.––No suit or other local
proceeding shall liabe against the Board, its authorities, or any employee or
officer of the Board for anything which is in good faith done or intended to
be done in pursuance of the provisions of this Act or of the rules, regulations
or bye-laws made thereunder.
32. Removal of difficulties.––(1) If any difficulty arises in giving effect
to the provisions of this Act, particularly in relation to the first constitution
of the Board and its functions the Government may, by order published in
the *Government Gazette, make such provisions not inconsistent with the
purpose of this Act as appear to it to be necessary or expedient for removing
the difficulty.
(2) No order under sub-section (1) shall be made after the expiration
of three years from the commencement of this Act.
(3) Every order made under this section shall be laid, as soon as may
be after it is made, before each House of the State Legislature.
33. Power to make rules.––(1) The Government may, by notification
in the *Government Gazette, make rules to carry out the purposes of this
Act.
(2) Without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely :––
(a) the term of office of the members of various committees
constituted under section 14 of this Act ;
(b) the number of members of the Finance Committee, Academic
Committee, Affiliation and Accreditation Committee,
Examination Committee, Executive Committee and Other
Committees referred to in section 14 and the manner of their
selection ;
(c) the powers which the Chairman shall exercise and the duties
which he shall perform under section 16 ;
(d) the time within which the Annual Reports of the Board shall be
submitted to the General Body under section 21 ;
(e) the period within which the intimation referred to in section 22
shall be sent to the Government ; and
* Now Official Gazette.
STA TE BOARD OF TECHNICAL EDUCATION ACT, 2002 231
(f) any other matter in relation to which a rule is required to be or
may be made.
34. Powers to make regulations.––(1) The Board may make regulations
consistent with this Act and the rules made thereunder.
(2) Without prejudice to the generality of the foregoing powers, such
regulations may provide for––
(a) the admission of students to recognised polytechnics ;
(b) the courses of study and training to be provided by recognised
polytechnics ;
(c) the award of diplomas, certificates and other academic
distinctions and the requirements which students should fulfil
for obtaining the same ;
(d) the fees to be charged for admission to the examinations leading
to diplomas and certificates of the Board ;
(e) the conditions for the award of fellowships, scholarships,
studentship and academic distinctions ;
(f) the conduct of examination, including the terms of office,
manner of appointment and duties of the examining bodies,
examiners and moderator ;
(g) the conditions and criteria for grant of assistants, if any, to the
affiliated/recognised institution to promote technical
education ;
(h) the remuneration to be paid to paper setters, examiners,
moderators, supervisors, invigilators and tabulators etc. who
assist in the conduct of the examination ;
(i) the manner of recognition of the courses of study and the type
of training and examinations to be conducted by recognised
polytechnics for the purposes of eligibility for the diplomas,
certificates and other academic distinctions ;
(j) the collaboration with universities with a view to effecting
coordination and avoiding conflicts ; and
(k) any other matter which may be connected with or incidental to
any of the matters aforesaid.
232 STATE BOARD OF TECHNICAL EDUCATION ACT, 2002
(3) No regulation shall take effect until it has been confirmed by the
Government and published in the *Government Gazette, and the Government
in confirming the regulation may make any change therein which appears to
be necessary.
(4) The Government may, by notification in the *Government Gazette,
cancel or modify any regulation, which it has confirmed and thereupon such
regulation shall cease to have effect or be effective with such modifications,
as the case may be.
35. Bye-laws.––The Board may make its own bye-laws not
inconsistent with the provisions of this Act or the rules or regulations made
thereunder for the following matters, namely :––
(a) the procedure to be followed at its meeting ;
(b) the number of members required to constitute a quorum at its
meetings ;
(c) the manner in which decision shall be taken at any of its meetings
on any subject coming before it for decisions ;
(d) the period of notice to be given to the members regarding the
dates fixed for meeting and the agenda for the same ;
(e) the manner of keeping record of the proceedings of the  meetings ;
(f) any other matter solely concerning the conduct of its proceedings
and matters connected therewith ; and
(g) any matter which is required to be laid down in the by-laws in
accordance with the provisions of the Act, rules of regulations
made thereunder.
36. Savings.––The Examination Rules of 1979 of Jammu and Kashmir
Board of Technical Education will remain in force for carrying out day-to-
day work till rules/regulations under this Act come into force.
————
* Now Official Gazette.

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