Assam act 003 of 2012 : The Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011

288 THEASSAMGAZETTE,EXTRAORDINARY, JANUARY 21,2012

Preamble

Short title, extent

AN

ACT.

to provincialise the services of the employees of the Venture Madrassa Educational Institutions in the State of Assam and to restrict further establishment of such Educational Institutions in the State

Whereas it is expedient to provincialise the services

of employees of Venture Madrassa Educational

Institutions in the State of Assam and to restrict

further establishment of such educational

institutions in the State;

It is hereby enacted in .the Sixty-second Year of the

Republic of India as follows:-

1. (1) This Act may be called the Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011

(2) It extends to the whole of Assam

(3) It shall come into force on such dale as the State Government may, by notification in the Official Gazettc, appoint and di fie-rent dates may be appointed for different provisions of the Act. or for different category of Madrassa Educational Institutions.

and commencement

Application

Definitions

2. ^TheActshall^notapply^toanyMadrassa Educational Institution or Arabic College, established or claiming protection under Article 30 of the Constitution ofIndia.

In this Act, unless the context otherwise requires,-

(a) "Deputy Director of Madrassa Education"

means the Deputy Director of Madrassa Education and includes Assistant Director of Madrassa Education,

(b) "Director of Madrassa Education" means Director of Madrassa Education, Assam and includes Deputy Director, Additional Director or Assistant Director of Madrassa Education. Assam;

3.

2

2 ':J

Itfr.A~:SAM(jALcl1c,cX.lKAUKUlNAKY, JAl,\/UAKY^Ll,LUlL

(c) "District Elementary Education Officer"

means the District Elementary Education Officer of the concerned District;

(d) "District Scrutiny Committee" means the District Scrutiny Committee constituted under section 11 of this Act for each District to recommend names of Venture Madrassa Educational Institutions which are considered eligible for provincilisation of the services of the employees serving therein;

(c) "employee" means andincludes all serving employees, both teaching and nOI1- teaching, of Venture Madrassa Educational Institutions, who have been appointed by the Governing Body / Managing

Committee of the concerned Venture Madrassa Educational Educational Institution before first day of January, 2011 1L'1 \ 1105 ser ice are provincialised or would be considered for being

provincialised under this Act;

(f) "Governing Body" means the Governing Body of an Arabic College or Title Madrassa approved by the appropriate authority as notified by the State Government for carrying out the management of the College or the Title Madrassa, as the case may be;

(g) "Inspector of Schools" means the Inspector of School in the concerned District and unless the context otherwise requires, it includes an Assistant Inspector of Schools of the same District;

(h) "Madrassa Education" means a system of special education in which instruction is imparted in Arabic. Urdu, Persian, Quran, Tafsir, Hadith, Fiqh, Usul, Aquaid, Mantiquc, Hiqmat, Balagat, Islamic History alongwith same or all general subjects like Modem Indian Language,

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Science, ocial cience, Comp er. Technical and Vocational education upto Secondary School level; the syllabi, curriculum and examination for which are regulated by the State Madrassa Education Board, Assam upto the level of Fadilul- Ma'rif (F.M.) and Mumtaz-ul-Muhaddithin (M.M.);

(i) "Madrassa Educational Institutions" means enture Madrassa Educational Institutions such as Pre-Senior Madrassa, Senior Madrassa, Title Madrassa and Arabic College which have been established by the people of the locally before 1.1.2006 and which have received permission and recognition from the 'tate Madrassa Education Board, Assam before 1.1.2006 and not 'provinvialised under any Act enacted by the State Legislature so far;

(j) "Managing Committee" means the Ianaging Committee approved by the appropriate au hority as notified by the tate Go emment for carrying out the management of the concerned Madrassa Educational Institutions;

(k) "Provincialised Madrassa Educational Institution" or "Provincialised Arabic College" means a Venture Madrassa Educational Institution wherein the services of employees are provincilised or would be considered to be provincili cd under this Act;

(I) "State Government" means the State Government of Assam in the Education (Secondary) Department;

(m) "State Madrassa Education Board" means the State Madrassa Education Board, Assam constituted under the provisions of the Assam Education Department Rules and Orders;

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(n) "Venture Arabic College" means a Venture Arabic College imparting Islamic-cum- General education upto F.M. (Fadilul- Ma'rif) and upto M.M. (Mumtazul- Muhaddithin) level for Islamic education which has been established by the people of the locality prior to ) .1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;

(0) "Venture Pre-Scnior Madrassa" means a Madrassa Educational Institution imparting Islamic-cum-General education upto Upper Primary level and which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the [are Iadras a Educa ion Board efore 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;

(p) "Venture Senior Madrassa" means a Venture Senior Madrassa Educational Institution imparting Islamic and General education upto F.M. (Fadilul-Ma'rif) and includes a Senior Madrassa imparting Islamic and General education upto Intermediate stage which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far;

(q) "Venture Title Madrassa" means a Venture Title Madrassa imparting Islamic education upto M.M. (Mumtazul-Muhaddithin) which has been established by the people of the

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Eligibility criteria for selection of Venture Madrassa Educational

Institutions for provincialisation of services of its employees

locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not pronincialised under any of the Act enacted by the State Legislature so far;

(r) "F.M. (Fadilul-Ma'rif)" means a course of instruction in Islamic education in theological subjects which is equivalent to a Degree Course at graduate level and equivalent to HSLC in General Education;

(s) "M.M. (Mumtazul-Muhaddithin)" means a course of instruction in Islamic education upto Post-Graduate level in theological subjects;

(t) "prescribed" means prescribed by rules made under this Act.

(l) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Madrassa Educational Institutions shall be eligible for being considered for provincialisation of the services of its employees :-

(i) the Venture Madrassa Educational Institutions which have been established by the people of the locality and had obtained the required permission and recognition from the State Madrassa Education Board, before 1.1.2006; and it has a minimum enrolment of 20 students in the highest class i.e. class- VIn (Pre-Senior 3^rd

year) if it is Pre- Senior Madrassa; 15 students in class-XI (Intermediate class) if it is Senior Madrassa upto Intermediate Stage, and 10 students in F.M. Final year class if it is a Senior Madrassa upto F.M. stage; and a minimum enrolment of 7 students in M.M. Final year class if it is a Title Madrassa or an Arabic College, during last three sessions from the date of

4.

(ii) commence

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(2) The concerned Madrassa Educational Institution must have required infrastructure as specified in section 10 of the Assam Non-Government Assam

. Act IV ofEducational Institutions (Regulation and 2007 Management) Act, 2006.

An institution, which does not have the required infrastructure specified in sub-section (2) above, may be considered as eligible for provincialisation of the services of its employees, provided such institution acquires the required infrastructure within two years from the date of commencement

(iii) 111 case of a enior Madrassa (upto Intermediate stage or F.M. stage) or an Arabic College or a Title Madrassa, the concerned Madrassa Educational Institution must have a consistent good academic performance which would mean that at least 20% of the candidates appearing for the final examination must have passed in any three examinations held since 1.1.2006.

(3)

of this Act. Subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 in case of all Pre-Senior Madrassa Educational Institutions and in case of all other Madrassa Educational Institutions subject to the provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006, a Madrassa Educational Institution which does not fulfil the eligibility criteria as on the date of coming into force of this Act or does not acquire eligibility under sub-section (3) above within two years period as aforesaid shall not be eligible to be considered for provincialasiation of the services of its employees. but may be allowed to run as a Private Institution or Cl Non-Government Educational Institution.

(5) 'ave and except an institution covered under le 30 of t e ons 'tu ion of India which is

(4)

295 - , ;

Central Act No. 35 of

2009

Assam Act IV of

2007

29(

Employees to be 5. Government Servant no Private or . on-Governrnen Madrassa Educational Institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date of coming into force of this Act.

(1) The Services of the employees of all eligible Venture Madrassa Educational Institutions under section 4 who have already completed ten years of services in such Madrassa Educational Institution without any break from the date of permission and recognition of such Madrassa Educational Institute, as on the date of coming into force of this Act, shall be deemed to have been provincialised and they shall become employ ees of State Government with effect from that da c.

(2) The services of all the teaching and non-teaching employees, who ha e no yet completed ten years of continuous services without break in that Venture Madrassa Educational Institutions on the date of coming into force of this Act, shall be provincialised with effect from the date on which they complete the required ten years of service:

Provided that the numbers of

employees in both teaching and non-teaching cadre in each of the institution, services of whom are provincialised or to be provincialised under this Act, shall not exceed as specified in the Schedule appended to this Act:

Provided further that where the

number of such employees serving in such Venture Madrassa Educational Institutions exceeds the numbers as specified in the Schedule, the provincialisation of the services of the employees shall be on the basis of seniority in the respective category in the concerned Madrassa Educational Institution. The State Government shall have no liability whatsoever in regard to such employees.

(3) The services of a teaching or non-teaching employee in a Venture Madrassa Educational Institution shap be considered for provincialisation. only if they have the requi i e aca

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ARY 21,2012

professional qualifications prescribed by the State Madrassa Education Board at the time of their initial appointment:

Provided that if an employee is required to acquire any prescribed academic or professional qualifications, services of such employee may be considered for provincialisation if otherwise eligible, but in such case the provincialisation would be subject to acquisition of such prescribed qualifications within a period of five years from the date of coming into force of this Act, and during this intervening period, the State Government shall have no liability in respect of his pay and allowances and he may continue to work under the existing terms and conditions under which he was working, until his services are provincialised. In case of his failure to acquire the required academic or professional qualifications within the stipulated period his services shall stand terminated with the da e of e piry of stipulated period of Terms and

conditions of

Service

five years.

6. (l) 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 the State Government servants of corresponding ranks, shall be applicable to all employees of Madrassa Educational Institutions whose services have been or would be

provincialised under the provisions of this Act.

(2) All such employees shall get such emoluments as alarv 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 the 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 sixty years of

295

..

Terms and conditions of Service

professional qualifications prescribed by the State Madrassa Education Board at the time of their initial appointment:

Provided that if an employee is required to acquire any prescribed academic or professional qualifications, services of such employee may be considered for provincialisation if otherwise eligible, but in such case the provincialisation would be subject to acquisition of such prescribed qualifications within a perio,d of five years from the date of coming into force of this Act, and during this intervening period, the State Government shall have no liability in respect of his pay and allowances and he may continue to work under the existing terms and conditions under which he was working, until his services are provincialised. In case of his failure to acquire the required academic or professional qualifications within the stipulated period, his services shall stand terminated with effect from the date of expiry of stipulated period of five years.

6. (l) 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 the State Government servants of corresponding ranks, shall be applicable to all employees of Madrassa Educational Institutions 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 the 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 sixty years of age as on the date of coming into force of this Act,

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Management of the Madrassa

Educational

Institution where services of

employees are provincialised Managing

Committer in respect of

provincialised Pre- Senior Madrassa Managing

Committee/

Governing Body in respect of other Madrassa

Educational

In titutions

:>11<111

reu IU na\ e re if

o

7.

that date and they shall have no claim v hatsoever from the State Government as regards their pay, allowances and retirement benefits for services already rendered by them in such Madrassa Educational Institutions.

(4) Services of all employees shall be encadred in appropriate cadres in accordance with the rules as may be prescribed by the State Government for this purpose.

With effect from the date of publication of the notification under sub- et' on (-+) of section 11, the administration. management and control of all provincialised Madras a Educational Institutions coming within the purvie \ f this Act shall vest in the tate Government.

The constitution, composition, powers, functions and duties of the Managing Committee inrespect of Pre-Senior Madrassa shall be governed by the Centralprovisions of the Right of Children to Free and A' 1- f. ct. ) 0 Compulsory Education Act. 2009 and the rules 2009 framed thereunder.

8.

9. (1) The State Government or an officer authorized by the State Government, by an order, constitute a Managing Committee in respect of Senior Madrassa and a Governing Body in respect of a Title Madrassa or an Arabic College. for managing the affairs of such Madras a Educational Institutions.

(2) The Governing Body and the Managing Committee, as the case may be, of such institutions shall c .ercise uch powers and shall perform such functions as may be specified by the State Government under the rules made under this Act.

(3) The State Govenunent 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 the Governing Body shall be such as may be prescribed by the State Government.

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Amalgamation, shifting or expansion of Madrassa

Educational

Institution

(5) Subject to overall control and supervision of the Director, Madrassa Education all teaching and non- teaching employees whose services are or would be provincialised, shall be accountable and remain subject to the control of the Managing Committee or the Governing Body, as the case may be.

(6) All teachers, whose services have been provincial ised shall render their services under the control and supervision of the Head of the Institution and if so required their services may be utilized in the lower classes.

10. (1) In appropriate cases, if there is already an existing Madrassa Educational Institution nearby, and the enrolment of the students does ;ot justi fy more than one in titution 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 maIgamation of two or more existing institutions.

(2) In a propriate cases, if the State Government is of the view that an existing Madrassa Educational Institution need be expanded so as to have more classes, the State Government may order expansion of an existing institution from Pre-Scnior to Senior (Intermediate Stage) or from Senior (Intermediate Stage) to Senior (F.M.) Stage, or from Senior (F.M.) stage to Arabic College or Title Madrassa.

(3) All employees teaching and non-teaching whose services have been provincialised under the provisions of this Act and who are working in one of the Madrassa Educational Institution in respect of which an order under sub-sections Cl) and (2) above has been passed, shall be. liable to be

. transferred and posted in any such provincialised Madrassa Educational Institution in the same rank and grade.

(4) All teachers working on a higher grade in an institution in respect of which an order under sub- section (2) has been passed may be required to teach in the lower classes also.

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2

--_ ••..•. --- ---- •...•...•..•..1 .•..., Committee each District for Pre-Seruor • Iadrassa, Senior Madrassa and for Title Madrassa or Arabic College to scrutinize service records and 0'her related issues of the serving teachers and staff of Venture Madrassa 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 crutiny Committee shall first scrutmize and pr pare a lit of all Venture Madrassa Educational Instiru ion 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 v ouId become eligible for being considered for provincialisation of their services.

(4) The District Scrutiny Committee shall forward the verified list of eligible teachers Madrassa-wise m accordance with the number of posts specified m the Schedule appended to this Act, to the Director of Madrassa Education who shall, after making such further scrutiny as may be required, forward the same to the State Government for consideration and for issuing lotification in respect of the eligible Madrassa Educational Institutions and employees eligible for getting their services provincialised.

(5) The District Scrutiny Committee shall have the powers to inspect all documents and records produced before it and call for such further records and documents as may be required for the purpose of causing verification and scrutiny and examine witnesses for the purpose, if considered necessary and while doing so it shall have the powers of a Civil Court for the purpose of compelling attendance of persons and production of documents.

(6) The District Scrutiny Committee for all categories of the Venture Madrassa Educational Institutions

Madrassa Educational Institutions not provincialised to function as

rivateINon-

ovemment

nstitutions. shall be constituted with the following members, namely:-

(i) The Deput ' Commissioner or his nominee not below the rank of Additional Deputy Commissioner - Chairman;

(ii) The Inspector of Schools (Member- Secretary in ea e of Senior MadrassaITitle Madrassa or Arabic College, otherwise member) - Member;

(iii) The District Elementary Education Officer (Member-Secretary in case of Pre-Senior Madrassa, otherwise member) - Member;

(iv) Superintendent of a Provincialiscd Senior Madrassa either serving or retired) to be nominated by the Inspector of

Schools. - Member;

(v) One eminent person in the field of Madrassa Education to be nominated by the Depu y Commissioner - Member. The State Government may, by an order re- constitute the District Scrutiny Committee or may change i s composition, if the circumstances so warrant.

12 (1) The service of employees of the Venture Madrassa Educational Institutions which have been established on or after 1.1.2006 shall not be

(2)

provincilased and no sue! educational institution shall be allowed to remain functional unless it has obtained :-

(i) perrmssion under provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006;

(ii) recognition from the authority un er the provisions of section 18 of the Right of Childre to Free and Compulsory Education Act, 2009 except in case of a Title Madrassa All such Venture Madrassa Educational Institutions, which have obtained the required permission ana recognition as the case may be, shall be allowed to function as purely Private or on-Government edu ation Institution. Assam

Act IV of

2007

Central Act o. 35 of

2009

300 THEASSAMGAZEITE,EXTRAORDINARY, JANUARY 21,2012

2

Offences andPenalties Suits and

proceedings

Power of

interpretation and removal of

difficulties

Delegation of

powers

13 (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 Central

. bl ff d th . . h Act No. Icogmza e 0 rences un er e provisions or t e of 1972 Code of Criminal Procedure, 1973.

No suit, prosecution or other legal proceeding shall

lie for anything in good faith d ne WIder this Act,

except with previous sancti n of the State

14.

Government.

15. (1) If any difficulty arises 111 interpretation of any provisions of this Act, interpretation of the State Government shall be final.

(2) If any difficulty arises in giving effect to provisions of this Act. the State Government may, by order do anything not inconsistent with the provisions of this A t which appear to be nece sary or expedient for the purpose of removing the difficulty.

16. (1) The State Government may delegate all its powers, e cept he powers conferred WIder sections 15 and 17 of the Act to the Director ID puty Director of Madrassa Education.

(2) Th Officer or Auth rity to whom the powers are delegated under sub-sectio (1) shall exercise the same bject to overall up rvision and control of the State Goverrunent and subject to such limitations as may be specified by the State Government.

Power to make rules 17 (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 :-

THE ASSAM GAZETTE, EXTRAORDlNARY, JANUARY 21,2012 301

(i) prescribing service conditions and specifying the duties and responsibilities 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;

(Hi) for constitution and composition of the Governing Body or the Managing

Committee, as the case may be, of the provincialised Madras sa Educational lnsti uions;

(iv) specifying the powers, functions, duties and responsibility of the Managing Committee or the Governing Body of the adrassa Educational Institutions, as the ea e may be.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive session and if: before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Ass mbly agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect as the case may be, however, that any such modification or annulment shall be without prejudice to the validity of anything reviously don under that rule.

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SCHEDULE

f See ections 5(2) and 11(4) J Maximum number of employees for Madrassa Educational Institutions for provincialisation of their services.

--

Category of Institution

f-.- Category_~.r S.ta!f Existing

1 2 3 --

-- Pre-Senior Magrassa (Upper Head Mudarris 1 - - -.Primary Section) : {3 classes) F.M. (Assistant Teacher)

2

Higher Secondary (Assistant 2 Teacher) -

I

Graduate / Intermediate Teacher

11

(Science & Mathematics)

-- --Hindi teacher (Junior Grade) 1 -- .^-

Assamese Language Teacher 1 (Jr. Grade) (only for Barak Valley)

- -----

Intermediate and Hafiz ( si:stant 1 Teacher) ~

Grade - IV

I - --

- .- Total

-- t ~ IlQ_ f---. Senior Madrassa : Superintendent (From Pre-Senior Section to -- -

- ^.-i--._-^{."- -}M. M. (Post Gradual . is ant 4 F.M. level containing Teacher)

3 + 3 + 3 == 9 classes) F. M. (Graduate Assistant Teacher) .-

4 .-

"1 Arts Graduate (Assi tant feacher) 3 ~ Science Graduate (Assistant 2 Teacher)

-

---

Hindi Langua e Teacher 1 (Graduate Assistant Teacher) Assames Language te^cher

1

( enior Grade) (Only

B

Valley) ^./

. Intermediate Assistar Tcache;

1

I (General) -. - ...----. Intermediate & Hafiz (Assistant 1 Teacher) ~-

Librarian (F.M) 1

Junior Assistant

I

.- ..- Grade - IV ¹ Total 20/21 Arabic College: Principal 1 (From Pre-Senior Section to Lecturer

'5 M.M. Le 'el containing .__ .

M. M. (Post Graduate Assistant 4 3 + 3 + 3 + 2 == 11 classes) Teacher) .- --

F.M. (Graduate Assistant Teacher) 4

- -----

Arts (Graduate Assistant "!'eacher) 3 Science G aduate (Assistant 2

l Teacher)

-

-----Hindi Language Teacher

1

(Graduate Assistant Teacher)

I

Intermediate A sistant Teacher 1

I

JGeneral) --.

-,----1Intermediate and Hafiz (Assistant I Teacher) I

Librarian (F.M.) ¹

-j Junior Assistant 1

-- Grade - IV 2' Total 26 -

THE ASSAM GAZETIE, EXTRAORDINARY, JANUARY 21,2012 303 ,

Category of Institution, ,Category of Staff Existinl!

1

2 3 -Title Madrassa : Principal 1 Post Graduate Level (M.M.) of2 , Lecturer 5 classes containing different Librarian (F.M)

1Departments of Theological Junior Assistant 1 subjects and others. Grade-IV 1

Total 09

~~(.'HD. ABDVL rlAUUE.

secr'etary te the G-.vt. of As sam ,

Legisl~~ive De~~rtment.

Di~p..lr • --

•

Registered No. 768/97

THE ASSAM GAZETTE

~q

EXTRAORDINARY

m~·~~~ ~ ~4>lFl~

PUBLISHED BY THE AUTHORITY

"f~ 214 m~, r~, 30 tIf, 2013, 9~, 1935 (¥jq)) No. 214 Dispur, Thursday, 30th May, 2013, 9th Jaistha, 1935 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATJVE DEPARTMENT:: LEGISLATIVE BRANCH

The 30th May, 2013

NOTIFICATION

No. LGL.13612011176.- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.

ASSAM ACT NO. XII OF 2013.

(Received the assent of the Governor on 2'QtbMay, 2013.) THE ASSAM VENTURE MADRASSA EDUCATIQNAL INSTITUTIONS - (pROVINCIALI.SATION OF SERVICES) (AMENDMENT) ACT, 2013

19

1346 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30,2013

AN

ACf

. .

tu amend the Assam VentureMadr.assa :ijd~cationa1 Institutions 7,' cialisation of Services) Act, 2011. . :

it is expedient to amend the ~Assam en,tur.e Mach.assa· ~ c '0 I .'tu 'OI1.!f (PrOViilcitilisatiOR of setvic~) Aqt, lOll, .AdNo. here~ referred to as to the principal Act, in e manner hereafter 'tuof a earing; 1011

t .s 1ereby in the Sixty~i

a$£o ws »

e Rep blk of India

hortijtl ,

extent and

conunencem t

1. (J This Act may be called the Assam enture Mad{assa ducational Institutions' (Provincialisanorifs Clf 8ervi~) (Amendment) Act, 2013.

(2)

(3)

.It 'shall have the like extent as principal Act. .~. . It shall be deemed to have come into force on and from $e 21^st

day of [anaary, 2012 save and except section 2 which shall come into force on such dare as may be appointed by the State Government by notification in the Official Gazette under sub-section(3) of section 1 of the principal Act . Amendment of 2.

seen n3

In the principal Act, in section 3, -

(i) in clause (i), for the word "before", the words lion or before" shall-be substituted" ~

. .

(Ii) in clause (n), for the words '''prior to 11and "before", the words lion or before" respectively shall be substituted;

. .

, (ill) in clause (0), for the words "prior to" and" before", the

. words lion or before" respectively shall be.su~tuted; (iv)in clause (p), for .the words" prior to" and "before", the wordaton or before" respectively shall be substituted;

(v) in clause (q), for the words "prior to" and "before", the words "on or before" respectively shall be substituted.

20

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 1347

Amendment

of section 4 '

3. ^Inthepr¥pa1^Act,insection^4,insub-section^(1),-

(i) in clause (i), for the word "before", the words lion or before" shall be substituted;

(ii) for clause (ii), the following shall be substituted, namely:-

"(li) it has a minimum total enrolment of 2~ stude~ts,~ it is a Pre-senior Madxassa, 30 students in semor section if it is a Senior Madrassa, 50 students if it 18 an Amalgamated Senior Madrassa Le. from class - VI (Pre-Sr, 1^st

year) upto EM. stage and a minimum enrolment of 7 students ~ M.M. Pmal year Class if it is a Title Madrassa or an Arabic College, as on the date of coming into force of this Act; and".

Amendment of 4. (I)

section 5

In the principal Act in section 5, for Sub-section (I), the following shall be substituted, namely»

"(1) The services. of the employees of all eligible Venture Madrassa Educational Institutions under section 4 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 Madrassa educational institutions have completed at least 10 years of imparting education from the date of permission orreeogniflon, as-the case may be, as o~ date of coming into force of this Act :

Provided that the services of those' employees of the Venture Madtassa Bducatiena] InStitUfio:ns eligible for provoncialisation under section 4 which have not completed 10 years of their imparting education form the .date of their permission or recognition, as the ease may be, as on the date of coming. into force of this Act, shall be /J?!0vinciaJlsed'as' arta 'wtlcli. the concerned Madrassa Educational Institutions complete 10 years of imparting education from the date of such recognition or permission, as the case may be."

Amendment

of section 12

5. In the principal Act, in section 12, in sub-section (1), the words" oft.or", appearing after the word "established" and before the word" after", shall be deleted.

MOHD. ABDUL HAQUE,

Commissioner and Secretary to the Government of Assam, Legislative Department.

GUWAHATI :Printed and Published by the Deputy Director (P&S),_ Directorate of Ptg. & Sty., Assam,Guwahati-21 , (Ex-Gazette) No. 426-300+ 100-30-5-20 13.

21

· , Registered No:-768/97 ~~

THE ASSAM GAZETTE

~~Gt

EXTRAORDINARY

ett~qsi~~~ ~

PUBLISHED BY THE AUTHORITY

~203~~,~,18~'fOI4,27~, 1936~) No. 203 Dispur, Thursday, 18th September, 2014, 27th Bhadra, 1936 (S. E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT: : : LEGISLATIVE BRANCH

NOTIFICATION

The 18th September, 2014 No. LG L.136/20 11/90.- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information.

ASSAM ACT NO. VIII OF 2014

(Received the assent of the Governor on 15th September, 2014)

THE ASSAM VENTURE MADRASSA EDUCATIONAL INSTITUTIONS

(PROVINCIALISATION OF SERVICES) (AMENDMENT) ACT, 2014

22

AN

ACT

888 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 18, 2014

further to amend the Assam Venture Madrassa Educational Institutions (provincialisation of Services) Act, 201 I . Preamble Whereas it is expedient further to amend the Assam Venture Madrassa Educational Institutions (Provincialisation of Services)Act, 2011, hereinafter referred to as the principal Act, in the manner hereinafter appearing;

Assam Act,

No. III of

2012

It is hereby enacted in the Sixty-fifth Year of the Republic of India as follows;

Short title,

extent and

commencement

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