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R.1 Title and commencement

(1) These rules may be called The Assam Education Service Rules, 1982.

(2) These rules shall come into force with immediate effect.

R.2 Definitions

In these rules unless there is anything repugnant in the subject or context—

(a) “ Appointing Authority” means the Governor of Assam.

“ Commission” means the Assam Public Service Commission;

(c) “ Director” means the Director of Public Instruction;

(d) “ Government Degree College” means Cotton College, Diphu College, Haflong College and any other College as may be declared by the Government to be Government Degree College from time to time.

(e) “ Government” means the State Government of Assam;

(f) “ Member” means a member of Assam Education Service

(g) “ Select List” means the select list as referred to in Rule 12

(h) “ Selection Board” means the Selection Board as referred to in Rule 13

(i) “ Service” means the Assam Education Servic

R.3 Class and cadre

(1) The service shall consist of the following:

(a) Class 1

(i) Director of Public Instruction;

(ii) Additional Director of Public Instruction/Director of Elementary Education/Director of Adult Education, hereinafter referred to as Additional Director;

(iii) Principal, Government Degree Colleges;

(iv) Principal Science College;

(v) Principal, State Institute of Education;

(vi) Joint Director, Public Instruction/Joint Director, Elementary Education/Joint Director, Adult Education/Joint Director, Public Instruction, Hills/Joint Director, Plains Tribal Education/Joint Director, Vocational Education/Director, Institute of Science Education, hereinafter referred to as Joint Director;

(vii) Principal Government Law College;

(viii) Deputy

R.4 Strength of service

The strength of each cadre in the service shall be such as determined by the Government from time to time. The strength of the cadres of the service on the date of commencement of these rules shall be as shown in Schedule I.

R.5 Method of recruitment

Recruitment to the service shall be made in the manner prescribed hereinafter—

(1) Recruitment to the post of Director of Public Instruction Principal State Institute of Education Principal Government Law College, Principal Hindi Teachers training College Lecturers, Government Degree Colleges, Assistant Director, Vocational Guidance Bureau, Lecturers of other Colleges, Lecturers, SIE/SISE shall be made by direct recruitment only with qualifications prescribed under Rule 8 :

Provided that if no suitable person is found to fill up the post of Director and if it is necessary to fill up the post urgently but cannot be in accordance with the procedure laid down above or under the APSC (Limitation of Functions) Regulation, 1951, the appointing authority reserves the right to fill up the post of Director temporarily from the members of the Administrative Services of the State and such appointment shall not extend beyond the peri

R.6 Direct recruitment

(1) Direct recruitment to the posts mentioned in sub-rule (1) of Rule 5 shall be made by the Government on the basis of recommendation made by the Commission in accordance with procedure hereinafter provided—

(a) Before the end of each year the Government shall make an assessment regarding the likely number of vacancies to be filled up by direct recruitment during the next year and shall intimate the same to the Commission, together with the details about reservation for candidates belonging to Scheduled Castes and Scheduled Tribes or any other category as provided under Rule 15.

(b) The Government shall simultaneously, request the Commission to recommend a list of candidates for direct recruitment in order of preference.

(c) The Commission may hold such test or interview as may be considered necessary.

(d) The Commission shall furnish to the Government a list of candid

R.7 .

A candidate for direct recruitment to the service shall be within the following age limits on the first January of the year of the advertisement with candidates belonging to special categories like Scheduled Castes, Scheduled Tribes and any other category as laid down by the Government from time to time :

(i) Director of Public Instruction Maximum 50 years

(ii) Principal State Institute of Education Maximum 40 years.

(iii) Principal Government Law College Maximum 40 years.

(iv) Dy. D.P.I./Inspector of Schools Maximum 40 years.

(v) Principal H.T.T.C. Maximum 40 years.

(vi) Lecturer Government Degree Colleges Maximum 30 years.

(vii) Assistant Director, Vocational Guidance Maximum 40 years.

(viii) Assistant Inspector of Schools Maximum 30 years.

R.8 Academic qualification

The academic qualification of a candidate for direct recruitment shall be as prescribed by the appointing authority from time to time. The qualifications and experience prescribed as on the date of commencement of these rules, are given in Schedule II.

R.9 Physical fitness

A candidate for direct recruitment shall be—

(1) of sound health both mentally and physically and free from organic defect or bodily infirmity likely to interfere with the due performance of his duties; and

(2) required to undergo necessary medical examination before appointment to the service.

R.10 Character

A candidate for direct recruitment shall produce to the Commission certificates of good character from—

(a) the Principal Academic Officer of the University or College in which studied last;

(b) two respectable persons, who are well-acquainted with (but not related to) the candidate.

R.11 Recruitment by promotion

Recruitment to the posts mentioned in sub-rule (2) of Rule 5 shall be made in the manner shown below:

(a) The post of Additional Director shall be filled up from the select list of Joint Director/Principal S.I.E. and Director, State Institute of Science Education.

(b) The post of Principal Government Degree College shall be filled up from the select list of professors of Government Degree College.

(c) The post of Joint Director shall be filled up from the select list of Deputy Directors.

(d) The post of Principal, Science College, Principal, Post Graduate Training College, Principal Government Sanskrit College, shall be filled up from the select list of Professors and Readers of respective colleges as the case may be.

(e) The post of Professors of Government Degree College shall be filled up from the lecturers of Government Degree College.

(1) Before the end of each year the Government shall make an assessment of the likely number of vacancies to be filled up by the promotion in the next year in each cadre.

(2) The appointing authority shall then furnish to the Selection Board the following documents and information with regard to as many officers in order of seniority as four times the number of vacancies as assessed under sub-rule (1)—

a) Information about the number of vacancies,

b) List of Officers in order of seniority eligible for promotion (separate list for promotion to different cadres shall be furnished) indicating the cadre to which the case of promotion to be considered.

(c) Character Rolls and other records of the officers listed.

(d) Any other documents and informations as may be considered by the appointing authority or required by the Board.

The Selection Board as referred to in Rule 12 shall consist of the following :

(1) Selection Board for considering promotion to the post of Addl. Director, Principal, Government Degree Colleges and Joint Director and Deputy Director—

(i) Chief Secretary or his nominee Chairman.

(ii) Member, A.P.S.C. Member.

(iii) Secretary, Education Member-Secretary.

(2) Selection Board for considering promotion to other posts—

(i) A member of the Commission nominated by Chairman Chairman.

(ii) Secretary, Education Member-Secretary,

(iii) D.P.I. Assam Member.

R.14 Disqualification

(1) No person shall be eligible for appointment to the Service—

(a) unless he is a citizen of India, and

(b) if he has more than one wife living or in case of female candidate who has married a person who has one wife living; provided that the Government may, if it is satisfied that there are special grounds for doing so, exempt any person from the operation of this rule.

(2) No person who attempts to enlist support for his candidature directly or indirectly by any recommendation either written or oral by other means shall be appointed to the service.

R.15 Reservation

There shall be reservation in favour of candidates belonging to Scheduled Caste, Scheduled Tribes in accordance with the provisions of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Service and Posts) Act, 1978 both in respect of direct recruitment and promotion.

R.16 Probation

Subject to availability of permanent vacancy in the respect cadre, a member on appointment to the service shall be placed on probation for one year.

R.17 Confirmation

A member shall be confirmed on the basis of merit-cum-seniority, if he is considered fit otherwise for confirmation by the appointing authority:

Provided that Officers liable to undergo training and to pass departmental examination under any general rules or special orders of the Government shall be confirmed only after having successfully completed the training and passed the departmental examination.

R.18 Discharge

A member on probation shall be liable to be discharged form service or reverted to his next lower post or to his previous service to which he holds a lien, as the case may be, if his performance of duty has not been satisfactory or if the appointing authority finds him unfit for holding the post.

R.19 Scale of pay

The scale of pay admissible to members of the different cadres of the service shall be such as shown in Schedule I, subject to such revision as may be made by the Government from time to time.

R.20 Fixation of initial pay

On promotion of a member from a lower to a higher cadre in service initial pay shall be fixed in accordance with principles governing such fixation under the Assam fundamental rules and subsidiary rules or any rules for the time being in force.

R.21 Increment

(1) The first increment of a member of the service appointed on a time scale shall accrue on the expiry of one year from the date of his probation, but further increment shall be admissible only on his confirmation.

(2) A member of the service on confirmation shall draw pay at the rate corresponding to his position in the time scale but he shall not be entitled to any arrear in pay on account of withholding of due increments for the period prior to the date of his confirmation.

(3) A member of the service appointed against a temporary vacancy in a cadre shall be eligible to draw his usual increments in the time scale under the provisions of Assam Fundamental Rules and Subsidiary Rules subject to the condition that as and when placed on probation, he shall remain at the stage of pay in the time scale where he was on the date of probation till his confirmation.

R.22 Crossing of efficiency bar

A member of the service shall not be allowed to cross E.B. in the time scale of pay unless the appointing authority is satisfied about his ability and integrity or he has passed the prescribed departmental examination.

R.23 Seniority

(1) Inter-se seniority of the members of the service belonging to each of the cadres shall be in the order in which their names appear in the select list prepared under Rule 6(d) or the list prepared under Rule 12(5) as the case may be, provided he joins his appointment within 15 days from the date of receipt of the order or within the extended period :

Provided that if a member is prevented from joining within this period by the circumstances of public nature or for reasons beyond his control the Appointing Authority may extend it for a further period of 15 days. If the period is not so extended the seniority shall be determined according to the date of jointing.

(2) If two persons are appointed on the recommendation of the Commission in two different batches, then the person who was recommended in the earlier batch shall be senior to the person who was recommended in the latter batch.<

R.24 Gradation List

A gradation list of the members of the service shall be published cadre-wise every year indicating their relative seniority and date of birth, date of appointment etc.

R.25 Code of conduct

Every member of service shall maintain high standard of public services, discipline and conduct and scrupulopusly follow the general provisions of the Assam Service (Conduct) Rules as amended from time to time.

R.26 Transfer

Every member of the service shall be liable to be transferred at any time to any place in the interest of public service.

R.27 Other provisions

Save as provided in these rules, all matters relating to pay, allowance, leave, pension, discipline and other conditions of service shall be regulated by the general rules framed by Government from time to time.

Provided that in case of all teaching and non-teaching employees of Diphu Government College and Haflong Government College retiring on superannuation on attaining the age of 58 years and all Grade IV employees of the said Colleges retiring on superannuation on attaining the age of 60 years the entire period of service from the date of appointing shall be counted towards pension and gratuity notwithstanding anything contained in the Assam Services (Pension) Rules, 1969.

Explanation.—For the purpose of this proviso, ‘period of service’ means the period of continuous service and the ‘date of appointment’ means in relation to any employee, the date eon which he joined the service of the said Colleges on and from the

R.28 Maintenance of Register

The Appointing Authority shall maintain such registers in suitable form as may be prescribed by Government from time to time with a view to recording the service particulars of the service.

R.29 Relaxation

Where the Government is satisfied that operation of any of these rules may cause undue hardship in any particular case it may dispense with or relax the recruitment of that rule to .such extent and subject to such condition as it may consider necessary for dealing with the case in a just and equitable manner :

Provided that the case of any person shall not be dealt with in any manner less favourable to him than that provided in any of these rules.

R.30 Interpretation

If any question arises relating to the interpretation of these rules it shall be referred to the Government in the Education Department whose decision therein shall be final.

R.31 Repeal and savings

Any rules, corresponding to these rules in force immediately before the commencement of these rules, are hereby repealed :

Provided that all orders made or actions taken under the rules so repealed or under any general orders ancillary thereto shall be deemed to have been validly made or taken under the corresponding provision of these rules.

Sch.I .

SCHEDULE I

[Under Rule 4]

Sch.II .

SCHEDULE II

[See Rule 8, 5 (1)]

1. Director of Public Instruction.—First Class or High Second Class Master Degree in Arts/Science/Commerce from any recognised Indian University or its equivalent and at least 10 years teaching experience with at least 5 years administrative experience.

Members of Assam Education Service having minimum 5 years administrative experience will be eligible to apply to the post provided they are within prescribed age limit.

2. Principal, S.I.E.—Second Class Master Degree in Arts/Science and a Degree or Diploma in teaching or equivalent qualification with at least 10 years experience in teaching or educational administration specially in elementary education.

3. Inspector/lnspectress of Schools and Deputy D.P.I.—Second Class Master Degree having uniformly brilliant career and possessing teaching experience in schools and colleg