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Jammu and Kashmir School Education Act, 2002

The Jammu and Kashmir School Education Act, 2002

Education200231 sections

The Jammu and Kashmir School Education Act, 2002 regulates school education across the region, aiming to achieve universal elementary education. It applies to all government and private schools, educational management agencies, and parents of children aged six to fourteen. Under the law, the state must provide free and compulsory education up to class eight, while parents are legally required to send their children to school. The law also establishes guidelines for registering, recognizing, and managing private schools, ensures proper qualifications for teachers, and penalizes interference with school attendance. Ultimately, it matters because it protects children's basic right to education and standardizes school quality.

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  1. 0. Preamble
  2. 1. Short title, extent and commencement — (1)This Act may be called the Jammu and Kashmir School Education Act, 2002.
  3. 2. Definitions — In this Act, unless the context otherwise requires,
  4. 3. Application of the Act — The provisions of this Act shall apply to all schools in the State.
  5. 4. Compulsory education up to class eight — The Government shall provide for free and compulsory education for children up to the level of class eight throughout the State within a period of ten years from the commencement of this Act and for this purpose it shall take appropriate steps to provide the necessary facilities.
  6. 5. Establishment of schools — The Government may, for the purpose of providing adequate facilities for school education;
  7. 6. Manner for establishing and running Government schools — The Government shall, by notification in the Government Gazette, stipulate the manner in which Government schools shall be established and run.
  8. 7. Local Area Education Committee and its functions — (1)The Government shall, in such manner and for such period, as may be prescribed, constitute a Committee, to be called the Local Area Establishment Committee, for each Panchayat Halqa, Town Area, Notified Area and Municipal ward for implementation of the provisions of this Act regarding compulsory education up to the level of class eight.
  9. 8. Obligation of guardian to send children to school — The parent of every child shall cause the child to attend a school, whether Government or private, and also ensure that such child completes the full course of elementary education up to class eight, unless there be a reasonable cause for his non-attendance within the meaning of section 10.
  10. 9. Warning for failure to discharge obligation and for interference
  11. 10. Exemption from attendance — The Government may prescribe the grounds on which a child may be exempted from attending school.
  12. 11. No private school to be established or run without permission
  13. 12. Recognition of private schools
  14. 13. Management of private schools
  15. 14. Duties of Manager — The duties of Manager shall include the following:-
  16. 15. Permission for starting new classes and their recognition — Every private school shall have to seek the prior permission of the competent authority before adding any higher classes. Any higher classes so added in a school shall require recognition by the Government. The Government shall, by notification in the Government Gazette, prescribe the procedure for the grant of such permission and recognition.
  17. 16. De-recognition of schools
  18. 17. Restrictions on alienation of property of aided schools
  19. 18. 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 school, shall, for the purposes of this Act, be deemed to be property of the educational agency notwithstanding that such property stands in the name of any individual.
  20. 19. Teaching and non-teaching staff in private schools — The academic and other qualifications of the teaching and non-teaching staff in the private schools shall not be lower than those prescribed for corresponding posts in Government.
  21. 20. Conditions of service of staff in private schools — All the private schools shall frame and notify their own terms and conditions of service of teaching and non-teaching staff including conditions relating to pay, gratuity, provident fund and age of retirement.
  22. 21. Grant-in-aid — The Government may give grant-in-aid to private schools. The Government shall frame rules prescribing manner in which grant-in-aid is to be given and the conditions to be fulfilled by the schools for the receipt of such grant-in-aid.
  23. 22. State Education Advisory Board
  24. 23. Alteration in the designation of a Government Officer — Where any provision of this Act or the rules made thereunder refers to any officer of the Government by designation, then, if that designation is altered or the office held by such officer ceases to exist, the reference to that designation or office shall be construed as reference to the altered designation or, as the case may be, to such corresponding office as the Government may direct.
  25. 24. Indemnity — No suit, prosecution or other legal proceeding shall lie against the Government or any authority or 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.
  26. 25. Courts not to grant injunction — Notwithstanding anything to the contrary contained in the Code of Civil Procedure, Samvat 1977 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 is about to be taken under this Act.
  27. 26. Delegation of powers — The Government may, by notification in the Government Gazette and subject to such conditions as it may specify, authorize any officer or authority subordinate to it to exercise any of the powers, except the power to make rules, exercisable by the Government under this Act.
  28. 27. Penalties — Whoever contravenes any of the provisions of this Act or rules there-under shall on conviction before the Judicial Magistrate be liable to a fine not less than rupees ten thousand for the first offence and rupees twenty thousand for every subsequent offence.
  29. 28. Power to remove difficulties — If any difficulty arises in giving effect to the provisions of this Act, the Government may by order, do anything not inconsistent with such provisions which appear to it to be necessary or expedient for the purpose of removing the difficulty: Provided that no such order shall be framed after the expiry of two years from the commencement of this Act.
  30. 29. Power to make rules — (1)The Government may make rules for the purpose of carrying into effect the provisions of the Act.
  31. 30. Repeal and saving

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