Jammu and Kashmir School Education Act, 2002

No: 21 Dated: Apr, 23 2002

THE JAMMU AND KASHMIR SCHOOL EDUCATION ACT, 2002

(Act No. XXI of 2002)

    An Act to provide for achieving the goal of universalisation of elementary education and to provide for better organization and development of school education in the State.

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 School Education Act, 2002.

(2) It shall extend to the whole of the State of Jammu and Kashmir.

(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 year" means the year beginning on such date as the Government may specify with respect to any area or school,;

(b) "aided school" means a private school which is recognized by and is, or has been receiving grant-in-aid from the Government;

(c) "Board" means the State Education Advisory Board constituted under section 22 of this Act;

(d) "child" means a boy or a girl who is in such age group not being less than 6 years and not more than 14 years at the beginning of the academic year;

(e) "competent authority" means any officer not below the rank of a District Education Officer appointed by the Government for carrying out the purposes of this Act and different authorities may be appointed for different areas;

(f) "educational agency" means any individual, Society, Trust or body of persons registered with the Government and permitted to establish, run or maintain any private school, under this Act;

(g) "existing school" means any Government school or Government aided or recognized school established before the commencement of this Act and continuing as such at the time of such commencement;

(h) "Government" means the Government of Jammu and Kashmir;

(i) "Government school" means a school run by the Education Department of the Government;

(j) "Parent" in relation to any child includes a guardian and any other person who has the actual custody of the child;

(k) "prescribed" means prescribed by rules made under this Act;

(l) "private school" means a school established, run or maintained by any educational agency and recognized by the Government;

(m) "recognized school" means a school recognized under this Act;

(n) "school" means an educational institution primarily meant for imparting education up to, and including, the higher secondary level and includes-

(i) such institutions as are meant for providing instructions and training for teachers;

(ii) lands, 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;

(o) "State" means the State of Jammu and Kashmir.

3. Application of the Act — The provisions of this Act shall apply to all schools in the State.

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.