Preliminary No. LGL. 68/2017/6

NOTIFICATION

The 11^th April, 2017

No. LGL. 68/2017/6.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 6th April, 2017 is hereby published for general information.

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S.1 Short title, extent and commencement

1 Short title, extent and commencement:- (1) This Act may be called The Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017.

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Act or for diff

S.2 Definitions

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

(a) "Assam Higher Secondary Education Council" or "AHSEC" means the Assam Higher Secondary Education Council constituted under the provisions of the Assam Higher Secondary Education Act, 1984 (Assam Act No. XVII of 1984)

(b) "Block Elementary Education Officer" means the Block Elementary Education Officer in the concerned Block;

3 Eligibility criteria for selection of educational institution for provincialisation of services of teachers/tutors:- (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Educational Institutions shall be eligible for being considered for provincialisation of the services of their teachers and tutors:-

(i) The Venture Educational

S.4 Teachers and/or tutors to be government servants

4 Teachers and/or tutors to be government servants:- (1) Subject to fulfillment of all other provisions of this Act, the services of the teachers and/or tutors of all Venture Educational Institutions eligible under section 3 shall be deemed to have been provincialised on the date of publication of the provincialisation order by Notification in the Official Gazette and they shall become employees of the State Government with effect from such date.

(2) The teachers and/or tutors to

S.5 Land, building etc to vest with the Government

5 Land, building etc to vest with the Government:- (1) With effect from the date of provincialisation of the services of the teachers and/or tutors of the Venture Educational Institutions under this Act, the land, building and other assets of the concerned educational institution shall vest with the Government.

(2) In case of merger/or amalgamation of one educational institution with other educational institution, the land, building and other assets vacated by any such merged educational

S.6 Education and Professional qualification of teacher

6 Education and Professional qualification of teacher:- (1) The services of teachers in a Venture Educational Institution from the Primary level up to the Degree Level, shall be considered for provincialisation in the post of teachers or relevant teaching faculty in appropriate nomenclature, as the case may be, subject to fulfillment of the eligibility criteria relating to educational and professional qualifications as laid down under the following Acts, Rules and Regulations:-

7 Educational and Professional qualification of tutor:- (1) The tutor must acquire the prescribed educational and professional qualifications within a period of five years from the date of publication of the order of provincialisation of services of the teachers and or tutors of the concerned Venture Educational Institutions in the Official Gazette and after acquirement of required qualification, they shall be upgraded to the post of teacher in appropriate cadre.

S.8 Terms and conditions of service

8 Terms and conditions of service:- (1) Subject to the provisions of this Act and the Rules made hereunder all rules including service rules and rules of conduct and discipline which are applicable to State Government servant of corresponding ranks, shall be applicable to all teachers of educational institution whose services have been or to be provincialised under the provisions of this Act.

(2) The teachers whose services have been provincialised under this A

S.9 Management of the educational institution where services of teachers are provincialised

9 Management of the educational institution where services of teachers are provincialised:- With effect from the date of publication of the notification under sub-section (1) of section 4, the administration, management and control of all provincialised educational institutions coming within the purview of this Act shall vest in the State Government.

S.10 Managing committee in respect of primary/upper primary schools

10 Managing committee in respect of primary/upper primary schools:- The constitution, composition, powers, functions and duties of the Managing Committee in respect of the Primary and Upper Primary Schools shall be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) and the rules made there under.

S.11 Managing committee/governing body in respect of other educational institutions

11 Managing committee/governing body in respect of other educational institutions:- (1) The State Government or an officer authorized by the State Government not below the rank of a District Elementary Education Officer in case of Elementary Schools or the Inspector of schools of the District in case of High School, High Madrassa, Higher Secondary School by order passed in that behalf shall constitute a Managing Committee in respect of High School, High Madrassa or Higher Secondary School and a Governing Body in respect of

S.12 Amalgamation/merger and shifting or expansion of educational institution

12 Amalgamation/merger and shifting or expansion of educational institution:- (1) In appropriate cases, if there is already an existing educational institution nearby, and the enrolment of the students do not justify for more than one institution in the same locality, or there are other sufficient reasons so to do, the State Government, in the public interest and for reasons to be recorded in writing may, order for transfer or shifting of the institution and the incumbents of the institution from one place to another, or may orde

S.13 District Scrutiny Committee and State Level Scrutiny Committee

13 District Scrutiny Committee and State Level Scrutiny Committee:- (1) There shall be District Scrutiny Committees in each district separately for Elementary, Secondary and for Higher Education to scrutinize service records and other related issues of the serving teachers of Venture Educational Institutions pertaining to provincialisation of their services.

(2) The Deputy Commissioner of the District, by an order, shall constitu

S.14 Appellate authority

14 Appellate authority:- The State Level Scrutiny Committee shall be the appellate authority against any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority against any recommendation of the State Level Scrutiny Committee.

S.15 Educational institution not provincialised to function as private/non-government institutions

15. Educational institution not provincialised to function as private/non-government institutions:- (1) The services of teachers of the Venture Educational Institutions which have been established on or after 1-1-2006, shall not be provincialised and no such educational institution shall be allowed to remain functional unless it has obtained,-

(i) affiliation from the affiliating University, if it is a Degree College; .

(ii) permission unde

S.16 Offences and Penalties

16 Offences and Penalties:- (1) Whoever provides misleading, incorrect or false information to and suppresses material information from or abets the providing or suppression of such information to the District Scrutiny Committee or to any other authority under this Act shall commit an offence under this Act which shall be punishable with imprisonment for a term which may extend to two years.

S.17 Offences to be cognizable and non-bailable

17 Offences to be cognizable and non-bailable:- Offences committed under this Act shall be cognizable and Central non-bailable under the provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974)

S.18 Trial of cases

18 Trial of cases:- (1) Offences under section 17 shall be triable by a Judicial Magistrate of the competent Jurisdiction under the of Criminal Procedure, 1973 (Central Act No. 2 of 1974 (Central Act No.2 of 1974)

(2) Cases under this section shall be tried summarily under the Code of Criminal Procedure, 1973.

S.19 Suit and proceedings

19 Suit and proceedings:- (1) No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with the previous sanction of the State Government.

(2) To adjudicate disputes for redressal of grievances relating to the teaching staff of the Non-Government Educational Institution as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching sta

S.20 personal post and maintenance of reservation policy

20 personal post and maintenance of reservation policy:- (1) If any difficulty arises in interpretation of any provisions of this Act, the interpretation of the State Government shall be final.

(2) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order do anything not inconsistent with the provisions of this Act and the rules framed there under, which appear to be necessary or expedient f

S.21 Creation of personal post and maintenance of reservation policy

21 Creation of personal post and maintenance of reservation policy:- (1) For the purpose of provincialisation of services of the teachers and tutors under this Act, the Government shall create and sanction such number of ex-cadre posts which shall be personal to the incumbents. These personal posts shall stand abolished on cessation of the services of the teachers for any reason whatsoever including retirement, resignation, death etc. Since these are personal as well as ex-cadre

S.22 Creation of fund

22 Creation of fund:- The State Government shall create a special pool of fund to facilitate implementation of the provisions of this Act in consultation with the Finance Department of the Government of Assam in due course of time.

S.23 Power to make rules

23 Power to make rules:- (1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Without prejudice to the generality of the foregoing provisions, such roles may provide for all or any of the following matters, namely:-

(i) prescribing service conditions and specifying the duties and responsibilities of all teachers whose services have be

S.24 Repeal and saving

24 Repeal and saving:- The Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 (Assam Act No. XVII of 2011) as amended vide the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2012 (Assam Act No. XXI of 2012) and the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2013 (Assam Act No. Read more document