Assam act 015 of 2012 : The Assam Junior Colleges (Provincialisation) Act, 2012

ASSAM GAZETTE,

EXTR

AORDINARY^{, MAY 19,}

20122022

AN

ACT

to

provincialise

certain

Junior

Colleges

which were

brought

under the

deficit

system

of

grants - in -^{aid in}

the

State

of

Assam . Whereas it ^is

expedient

to

provincialise

certain

Junior

Colleges which were

brought under

die

deficit

system of grants

in -^{aid ;} It

is

hereby

enacted ^{in the}Sixty - third

Year

of

the

Republic ^of

India as^*

Preamble

follows: - Short

title , extent ¹. ⁽¹⁾

This ^Actmaybecalled ^the

Assam Junior

Colleges⁽Provincialisation⁾ and

commencement

Act, 2012 .

( 2 )

It extends

to the whole

of

Assam.

( 3 )

It

shall

come

into

force

at once . Definitions ^{In this Act}

unless

there ^is

anything

repugnant ^{to the}

subject^or context ( a )

" Appointing Authority "

in

respect of the

teaching

and

non - teaching employees ^of

the

Junior

Colleges

means ^theGoverning Body of ^the

respective Junior College who appoints

.^the employees

as ^per

decision

of

the

Governing ^{Body and}approved by

the

Director, ( b )

" Director "

means

the Director

of

Secondary

Education ,

Assam^' which

shall

include ^the

Director ^of

Educationⁱⁿ

respect

of ^BTC area, Additional

Director, Hillsⁱⁿ

respect ^{of Hill}areas ^{or such} other

authorities as

may be prescribed^by

the State

Govemnpent^; ( c )

" employees " means

and

includes

all

existing

employee ^¹

both teaching

and

non - teaching , working

in

a

Junior

College

brought under

the deficit system of

grants - in - aid

against

a ^{post duly} Sanctioned by^the

State

Government^; ( d )

" Governing

Body "

means

the

Governing

Body

of

a Junior College duly

constituted

under^sub- section ⁽²⁾

of

section

7

of this Act and

approved ^{by th}^ 'Director ^for

carrying ^out

themanagement of the

Junior

Colleges ; ( e )

" Junior

College "

means

a College

Which are ⁱⁿ

receipt of deficit

system ^ofgrants -ⁱⁿ-^aidfromthe

State Government ^for imparting general

education

in

Arts,

Commerce

and Science stream in plus

2

stages^;

2.

»

SiM* *..| f c

<

* _ _ * _

ASSAM

GAZETTE^,

EXTRA ORDINARY,^{MAY 19,20122023}

( f )

" prescribed "

means

prescribed ^by

the rules made under

this

Act ; ( g )

" President "

means

the

President of

Governing

Body

of

a

Junior College ^duly

constituted under^{this Act and}

approved ^{by the} Director,

( h )

" provincialised " means

taking the

liabilities

in

respect of

the employees

of the Junior

Colleges for payment of salaries including

Dearness

Allowance, Medical Allowance and such other allowances as admissible to the

State

Government employees

of

similar

category

and

gratuity, pension, leave encashment ^etc,

as admissible under the existing

rules, s &ve and except

the

pension

of

the

employees appointed

or

coining

under deficit

system ^of

grants - in - aid on

or after 1.1.2005^,

which shall also

include

vesting

of

land, building and

other properties of

the Junior

Colleges^{to the}

State Government^; ( i )

" Schedule "

means the Schedule

appended

to this Act; (^j)

" State

Government"

means the Government

of Assam in

the Education ⁽Secondary)

Department; ( k )

" valid sanctioned

post "

means

teaching

or non - teaching

posts of Junior

Colleges

which^havebeenallotted against ^{eachof the} Junior

College^bythe

State Government with

due

approval

of

the Finance Department

3. Subject

to

the

provisions

of Article 30 of the

Constitution

of India, ail existing

employees

both

teaching and non - teaching

of

die Junior Colleges

as

specified

in

the

Schedule , shall be deemed to have

been *

provincialised

and become

employees of the State

Government on and

from the date

on

which

they

were

brought

under deficit system of grants - in - aid and

their

services

rendered

under

such deficit

system

of grants*in - aid

shall

be

counted

for

the

purpose

of determination of pensionary

benefits:

Employees to be Government

servant

Provided

that ^theservices ^oftheemployees

appointed after the date

of

coming

the Junior

Colleges under deficit

system

of grafts - in - aid, shall be counted

with

effect from the

respective

date of

their joining

in

a

valid sanctioned post. Vesting

of Land, 4. Building andother properties

The

Land , Building

and other

properties owned

or held

by Junior Colleges coitiing

within the

purview

of this

Act and the services of whose

employees

are

provincialised under

section

3

shall vest

in

the State

Government.

ASSAM

GAZETTE^,

EXTRAORDINARY^{,MAY19, 2012}2024

5. ⁽¹⁾

Subjftct^totheprovisions of this ^{Act andthe}

rules ^madether

under, all rules

including

Service Rules ^{to be}

framed under ^theproviso ^to Article 309

of the Constitution

of

India ^and

rules

of

conduct and discipline

which are

applicable ^toGovernment

servant of corresponding

ranks^,

shall^beapplicable ^{to all}employees of Junior Colleges whose services ^{have been}

provincialised

under ^{this Act.}

( 2)

The

existing

employees

whose

services

are

provincialised under this Act

shall

continue ^to

receive

their

respective

existing scale^ofpay and

other

allowances ^etc.

as

admissible ^{to them}

under the

relevant•* * '

»

^ rules

and

order

of

the

State

Government^.

( 3⁾

The

services^.of

ail

employees

shall

be encadred

in appropriate cadre in

accordancerwith

the Service

Rules ^{asmay be}

framed ^by

the

State Government

fbr this purpose. ( 4 ) The inter - se - seniority

of the

employees

of

a cadre

or

class shall

be deteaumd

Junior

College - wise on the

basis

of

the

Service Rules as may

be framed

by^theState

Government^.

( 5⁾

Recruitment ^and

other

conditions of

service

of

the

employees

shall

be b

governed

by

the

Service Rules as

may be ^made

by the State Government^, Terms and conditions^{- of} service

• K

nqt tfi c

m

Ohy

.qq»

D

f Superannuation

and ^{6. (1)}

Notwithstanding

anything

contained

in ^the

preceding sections,

all employees of

a

Junior

College

coming within

the purview ^of

this ^Act, shall ^{go on}superannuation ^on

attaining ^theageofsixty

years.

( 2 )

All employees

who

have

been

duly

appointed

by

the

competent Appointing Authority against

valid

sanctioned ^postprior^to 01:01*2005.in ^the

Junior

CoHegeirought

under^thedeficit - system ^of grantwn - aid ,

shall

be

entitled ^topension ^and

other

pensionary benefit *

under^the

Assam

Service ⁽Pension⁾

Rules^,1969.

( 3 )

The

employees

appointed or

coming

under

deficit

system of grants - in - aid on or

after 01.01.2005 shall ^notbeentitled^to

pension^and other pensionary benefits

under

Assam

Service ⁽Pension⁾

Rules,

1 969,^but

shall ^be

covered

under ^theNew

Contributory Pension Scheme introduced ^{by the}State Government.

( 4⁾

The services of the

employees

under

sub - section ⁽2 ) shall

be counted towards

pension^andpensionary

benefits ^witheffect^{from thedateon} which

the

Junior

College

was

brought under^diedeficit

system^of grantsrin - aid^; Pension ^etc. hV

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