The Jammu and Kashmir Private Colleges (Regulation and Control) Act, 1984

Short title, extent and commencement.-

1. (1) This Act may be called the Jammu and Kashmir Private Colleges (Regulation and Control) Act, 1984.
2. (2) It shall extend to the whole of the State 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.

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

1. (a) "Act" means the Jammu and Kashmir Private Colleges (Regulation and Control) Act, 1984;
2. (b) "Aided College" means a private college which is recognized by and is or has been receiving grant-in-aid from the Government;
3. (c) "College" means an educational institution meant for imparting education above Higher Secondary (10+2 level) and up to Bachelor's degree affiliated to the University of Kashmir or University of Jammu and includes-
   • (i) Honours courses, Colleges of Education; and
   • (ii) Lands, buildings, playgrounds, hostels and movable properties such as furniture, books, apparatus, maps and equipment, owned by and used for the activities of the educational institution.
4. (d) "Competent authority" means any officer not below the rank of a Principal of a Degree College appointed by the Government for carrying out the purposes of this Act;
5. (e) "Educational Agency" means any person or body of persons, society or a Trust duly registered with the Government and permitted to establish, run or maintain any private college under this Act;
6. (f) "Government" means Government of Jammu and Kashmir;
7. (g) "prescribed" means prescribed by the rules made under this Act;
8. (h) "Private College" means a college established, run or maintained by an educational agency;
   • (i) "Recognised College" means;
9. (j) "University" means the University of Kashmir or the University of Jammu as established under any law by the State Legislature.

No private colleges to be established or run without prior permission.-

1. (1) No private college shall be established, run or maintained without the prior permission, in writing of the
2. (2) The Government shall prescribe the grant of permission to establish, run or

Recognition of private colleges.-

1. (2) The Government shall grant of such recognition.
2. (3) Existing colleges shall be deemed to be recognised for a period of one year from the date of commencement of this Act, whereafter they shall have to follow the prescribed procedure.

Publication of list of colleges.- The shall on or before the first day of May each year, publish in Gazette, a list containing the name of every college which Act together with such particulars of necessary.

Grant-in-aid.- The Government aid to the recognised private the conditions to be fulfilled grant-in-aid shall be

Management of private colleges.- All private colleges recognised under this Act and duly registered with the shall be maintained and run by the educational agencies in

Restriction on alienation of property of aided colleges.

1. (1) Notwithstanding anything contained in any law for the time being in force, no sale, mortgage, pledge or transfer in respect of any property of an aided college shall be made or created except with the previous permission of competent authority. No such permission shall be granted if, in the opinion of the competent authority, such permission will adversely affect the working of the college.
2. (2) Any transaction made in contravention of sub-section
3. (1) shall be null and void.

Property to be in the name of the 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.

Qualifications of teaching and non-teaching staff in aided colleges.

1. (2) The academic and other qualifications required for teaching and non-teaching posts in Government service.

Conditions of service of staff in aided colleges. The conditions of service of teaching and non-teaching staff in aided colleges including conditions relating to pay, gratuity, provident fund and age of retirement shall be such as may be prescribed by the Government.

Taking over of aided colleges.

1. (1) The Government may in the public interest take over the management of an aided college for a period not exceeding five years whenever it is convinced that the educational agency running the college has not fulfilled any of the provisions of this Act or the rules framed thereunder or whenever it appears that the aided college has not been run satisfactorily. Before taking over any such college under this provision, the Government shall give due notice to the educational agency concerned to show cause against the proposed take over.
2. (2) In case of emergency, where the Government is satisfied that such a course of action is necessary in the interests of the students of the college, they may, without any notice under sub-section
3. (1) to the educational agency, take over the management of any aided college after the publication of a notification to that effect in the Government Gazette.
4. (3) Where any college has been taken over under sub-section
5. (2) the educational agency may subsequently apply to the Government for

Maintenance of [ILLEGIBLE] in aided colleges.

Audit Audit.

Fees Fees.

Indemnity Indemnity.

Courts not to [ILLEGIBLE] Courts not to [ILLEGIBLE].

Power to remove difficulties Power to remove difficulties.

[ILLEGIBLE] [ILLEGIBLE].

Penalties Penalties.

Power to make rules Power to make rules.

Repeal Repeal.