ASSAM VENTURE EDUCATIONAL INSTITUTIONS (PROVINCIALISATION OF SERVICES) ACT, 2011
1. Published in the Assam Gazelle Extraordinary No. 292, dated 5th September, 2011.
(ASSAM ACT NO. XVII OF 2011)
[Dated the 5th September, 2011]
No.LGL.98/2011/21.- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.
AN ACT
to provincialise the services of the employees of the Venture Educational Institution in the State of Assam and to restrict further establishment of Stl.ch Educational Institutions in the State.
Preamble:-Whereas it is expedient to provincialise the services of employees of the Venture Educational Institutions in the State of Assam and to restrict further establishment of such
1. Short title, extent and commencement:- (1) This Act may be called the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011.
(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 different category of educational institutions.
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 Assam Higher Secondary Education Act, 1984; (Assam Act XVII of 1984);
(b) "Block Elementary Education Officer" means the Block Elementary Education Officer in the concerned Block;
(c) "Board of Secondary Education, Assam" or "SEBA" means the Board of Secondary Education, Assam constituted under the provisions of the Assam Secondary Education Act, 1961 (Assam Act XXV of 1961);
(d) "Deputy Inspector. of Schools" means the Deputy Inspector of Schools in the concerned Sub-division;
(e) "Director"" means the Director of Elementary Education in case of a Primary or a Upper Primary School; Director of Secondary Education in case of a High Schoo
3. Eligibility criteria for selection of educational institutions for provincialisation of services of its employees:- (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 its employees:-
(i) the Venture Educational Institutions which have been established and had obtained the required permission or recognition or affiliation or concurrence, as the case may be, from the respective competent Authority or Authorities 1[on or before] 1.1.2006;.
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1. Substituted for the words "prior to" by the Assam Act No. XXI of 2012 (w.e.f. 15.11.2011 except S. 4).
2[(ii) it has a minimum total enrolment of 25 students if it is a Primary School (both L
4. Employees to be Government servant:- 1[(1) The services of the employees of all eligible Venture Educational Institutions under Section 3 shall be deemed to have been provincialised on the date of coming into force of this Act and they shall become employees of the State Government with effect from that date, provided such institutions have completed at least 2[7] years of imparting education from the date of affiliation, recognition, concurrence or permission, as the case may be, as on the date of coming into force of this Act:
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1. Substituted sub-section (1) and (2) of Section 4 by the Assam Act No. XXI of 2012 (w.e.f. 15.11.2011). Before substituted read as:
[(1) The services of the employees of all eligible Venture Educational Institutions under Section 3 and who have already completed ten years of services in such Educational Institution wi
5. Terms and conditions of Service:- (1) Subject to the provisions of this Act and the Rules made there under 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 institution whose services have been or would be provincialised under the provisions of this Act.
(2) All such employees shall get such emoluments as salary and allowances as may be prescribed with effect from the date of provincialisation of their services and the past service rendered by them shall not be counted for any purpose whatsoever, and all such employees shall get same pay and allowances as if they are fresh appointees and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank.
(3) The employees, who have completed six
1[6. Superintendence and control of the educational institutions where services of employees are provincialised:- With effect from the date of publication of the notification under sub-section (4) of Section 10, the superintendence and control of all educational institutions coming within the purview of this Act shall vest in the State Government.]
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1. Substituted "Section 6" by the Assam Act No. XXI of 2012 (w.e.f. 15.11.2011). Before substituted read as:-
[6. Management of the educational institution where services of employees are provincialised.- With effect from the date of publication of the notification under sub-section (4) of Section 10, the administration, management and control of all provincialised educational institutions coming within the purview of this Act shall vest in the State Government.]
7. 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.
8. Managing Committee/Governing Body in respect of other Educational Institutions:- (1) The State Government or an officer authorised by the State Government, by an order, constitute a Managing Committee in respect of High School or Higher Secondary School and a Governing Body in respect of a Junior College or a Degree College, for managing the affairs of such Educational Institutions.
(2) The Governing Body and the Managing Committee, as the case may be, of such Institutions shall exercise such powers and shall perform such functions as may be specified by the State Government under the Rules made under this Act.
(3) The State Government or the officer so authorized by the State Government may, at any time, re-constitute the Managing Committee or the Governing Body, as the case may be, whenever it is considered necessary.
(4) The composition of the Managing Committee or Governing Body shall
9. Amalgamation, 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 does not justify 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 may, order transfer or shifting of the institution from one place to another, or may order amalgamation of two or more existing institutions.
(2) In appropriate cases, if the State Government is of the view that and existing educational institution need be expanded so as to have more classes, the State Government may order expansion of an existing educational institution from Primary to Upper-Primary and from Upper-Primary to Secondary and Secondary to Higher Secondary or vice-versa.
(3) All employees teaching or non-teaching whose services
10. District Scrutiny Committee:- (1) There shall be one District Scrutiny Committee in each district separately for Elementary, Secondary and for Higher Education to scrutinize service records and other related issues of the serving teachers and staff of Venture Educational Institutions pertaining to provincialisation of their services.
(2) The Deputy Commissioner of the District, by an order, shall constitute the District Scrutiny Committee for the respective district under preceding sub-section.
(3) The District Committee shall first scrutinize and prepare a list of all Venture Educational Institutions within the district, which are eligible in terms of the provisions of this Act and shall thereafter proceed to scrutinize and verify the service records of all the serving employees, who are eligible or would become eligible for being considered for provincialisation of their services.
(4) T
11. Educational Institution not provincialised, to function as Private/Non-Government Institutions:- (1) The service of employees 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 under the provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act IV of 2007), in case of all other educational institutions; and
(iii) recognition from the authority notified under the provisions of Section 18 of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009).
(2) All such Venture Educational Institutions, which have obtained the requ
12. 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 three years.
(2) Offences committed under this Act shall be cognizable offences under the provisions of the Code of Criminal Procedure, 1973 (Central Act No. 1 of 1974).
13. 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.
14. 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 which appear to be necessary or expedient for the purpose of removing the difficulty.
15. Delegation of powers:-(1) The State Government may delegate all its powers, except the powers conferred under Section 14 and 16 of the Act to concerned Director or to the Deputy Commissioner or to an Inspector of Schools or a District Elementary Education Officer of the District.
(2) The Officer or Authority to whom the powers are delegated under sub-section (1) shall exercise the same subject to overall supervision and control of the State Government and subject to such limitations as may be specified by the State Government.
16. 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 responsibility of all employees whose services have been provincialised under this Act;
(ii) preparation and maintenance of service records of the employees whose services have been provincialised;
(iii) for management of the educational institutions;
(iv) specifying the powers, duties and responsibility of the Managing Committee or Governing Body of the educational institutions.
(3) Every rule made under this section shall be laid as soon as may be after it
*[See Sections 4(2) and 10(4)]
Maximum number of employees per Educational Institution whose services shall be provincialised
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