ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF NON-TEACHING STAFF OF VENTURE EDUCATIONAL INSTITUTIONS) ACT 2018
NOTIFICATION
The 16th May, 2018
No. LGL. 243/2017/7.- The following Act of the Assam Legislative Assembly which received the assent of the Governor on 9th May, 2018 is hereby published for general information.
to provincialise the services of the non-teaching staff of the Venture Educational Institutions in the State of Assam.
Preamble:- Whereas it is expedient to provincialise the services of the non-teaching staff of the Venture Educational Institutions in the State of Assam;
It is hereby enacted in the Sixty-ninth Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018.
(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 dales may be appointed for different provisions of the Act or for different category of educational institutions.
2. Definitions:- (1) In this Act, unless the context otherwise requires,-
(a) "Base School" means either an existing provincialised or a Venture Educational Institution identified for the purpose of provincialisation of services of teachers and/or tutors under the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 (Assam Act No.XXV of 2017), within the radius of 1 km in case of Lower Primary schools, within the radius of 3 kms in case of Upper Primary schools, within the radius of 5 kms in case of High Schools or High Madrassas and within the radius of 7 kms in case of Higher Secondary schools or Senior Secondary Schools and which posses satisfactory norms and standards in relation to enrollment of students. adequate infrastructure and having DISE Code for the year 2009-2010 or before;
(b) "District Scrutiny Committee" means the District Scrutiny Com
3. Eligibility criteria for selection of educational institution for provincialisation of services of non-teaching staff:- Subject to the provisions of Article 30 of the Constitution of India, the Venture Educational Institutions which have been considered for provincialisation of services of teacher/tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), shall be eligible for 'being considered for provincialisation of services of their non-teaching staff
4. Non-teaching staff to be Government Servants:- (1) Subject to fulfillment of all other provisions of this Act, the services of the non-teaching staff 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 for the provincialisation of services of teacher/tutor of that school/college, and they shall become employees of the State Government with effect from such date. Further their services shall also be utilized in the base school where the services of teachers/tutors of that school are utilized:
Provided that where the numbers of the non-teaching staff serving in such Venture Educational Institutions exceed the numbers as specified in the Schedule, the provincialisation of the services of the employees shall be on the basis of seniority of service in the respective category in the conc
5. Educational and Professional qualification of non-teaching staff:- The services of non-teaching staff in a Venture Educational Institution from the Elementary level up to the Degree Level, shall be considered for provincialisation subject to fulfillment of the eligibility criteria required for the respective post.
6. Terms and conditions of service:- (1) Subject to the provisions of this Act and the Rules made thereunder, 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 employees of educational institutions whose services have been or to be provincialised under the provisions of this Act.
(2) The non-teaching staff whose services have been provincialised under this Act shall get fixed pay as specified in the Schedule with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before, provincialisation and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. However their fixed salary shall not be less than the mini
7. District Scrutiny Committee and State Level Scrutiny Committee:- (1) The District Scrutiny Committees and State Level Scrutiny Committee as constituted under section 13 of the Assam Education (Provincialisation of Services and Re-organisation of Educational Institutions) Act 2017 (Assam Act No. XXV of 2017), in each district and at the State level shall scrutinize service records and other related issues of the non-teaching staff of Venture Educational Institutions for the purpose of provincialisation of their services under this Act. The list of the non-teaching staff whose services shall be provincialised under this Act, shall be finalized in the manner prescribed under the aforesaid Act.
8. Appellate authority:- The State Level Scrutiny Committee shall be the appellate authority in respect of any recommendation of the District Scrutiny Committee and the State Government in the concerned administrative department shall be the Appellate Authority in respect of any recommendation of the State Level Scrutiny Committee.
9. Offences and Penalties:-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 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.
10. Offences to be cognizable and non-bailable:- Offences committed under this Act shall be cognizable and non-bailable under the provisions of the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
11. Trial of cases:- (1) Offences under section 10 shall be triable by a Judicial Magistrate of the competent jurisdiction under the Code of Criminal Procedure, 1973 (Central Act No. 2 of 1974).
(2) Cases under this section shall be tried summarily under the Code of Criminal Procedure. 1973.
12. Suit and proceedings:-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.
13 Power of interpretation and removal of difficulties:- (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 thereunder, which appear to be necessary or expedient for the purpose of removing the difficulty.
14. Creation of personal post and maintenance of reservation policy:- For the purpose of provincialisation of services of the non-teaching staff 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 posts, the present cadre strength of the concerned service shall not be impacted in any way due to creation of these posts.
15. 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 rules may provide for all or any of the following matters, namely:
(i) prescribing service conditions and specifying the duties and responsibilities of all non-teaching staff whose services have been provincialised under this Act;
(ii) preparation and maintenance of service records of the non-teaching staff whose services have been provincialised;
(iii) prescribing the scope of work, emoluments and remuneration, and other terms and condition of service of non-teaching staff provincialised under this Act.
(3) All rules made by the State Government under this Act shall, as soon as may be after they are made, be l
16. Savings:- Notwithstanding the repeal of 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. XX of 2013), by the Assam Educati
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