Assam act 019 of 1977 : The Assam Secondary Education (Provincialisation) Act, 1977

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,, 902 THE ASSAM GAZETTE, EXTRAORDINARY, DEC. 12, 1977

ASSAM ACT No. XIX OF 1977

(Received the a ssent of the Gover nor on 10th D ecember 1977)

THE ASSAM SECONDARY EDUCATION

(PROVINCIALISATION) ACT, .., 1977.

An

Act

to provide for t he provincialisation of Secondary Educa- tion covered by the Deficit Scheme of the Government of Assam.

Pre ambk .. Whereas it is expedient to provincialise secondary Education covered by the Deficit Scheme of the Gover nment of Assam foy its improvement and for better control and m anagem ent of such educa- tion in the State of Assam ;

Short t itle,

extent and

com mence•

ment.

It is hereby enacted in the Twenty-eighth

year of the Republic of India as follows:-

1. (1) This Act may be called the Assam Secon- dary Education (Provincialisat ion) Act, 1977.

(2) It shall extend to the whole of the State of Assam except the autonomous district s :

Provided that t he State G overnment may, in consultation with the District Council of any auto- nomous district extend this Act to that autono- .mous district by a notification published in the Assam Gazette.

(3) It shall come into force on the first day of October, 1977.

D efinitions . 2. In this Act unless there is anything repug- nant in t he subject or context;

(i) "appointed day" in Telation to any area means the day on which this Act cornea into force in +hat area;

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-~HE ASSAM GAZETTE. EXTRAORDINARY, DBC. 12, 1977 9b3

(ii) "date or appointment" means, in relation to any employee, the date on which he joined the service of a school imparting Secon- dary Education on and from the date of its comming under adhoc syst~m of grants in aid;

(iii) "deficit school" means a school rece1vmg grants from the State Government under the Deficit Scheme of Grants-in-aid ; (iv ) "Director" means the Director of Public Instruction, Assam, or when sp2cifically appointed by the State Government. the Additional Director of Public Instruction, Assam;

(v), "employee" means a person in the employ- ment of a school working against a regu- larly sanctioned post and whose appoint- ment has been approved by the School authority wherever such approval was necessary;

(vi) "existing enployee" means an employee who is, on the appe>inted day, in the regu- lar pay roll. employee against regular sanction and whose appointment has been approved by the school authority;

(vii) "Inspector" means, in relation to any secondary school, the Inspector of Schools under whose jurisdiction the · school i~ situated;

(viii) "Managing Committee" in relation to any school means the Managing Committee approved by the State Government and functioning on the appointed day ;

(ix) "Prescribed" means prescribed by rules made under this Act ;

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904 THE ASSAM GAZETTE EXTRAORDINARY, DEC. 12 1977

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(x) "secondary education" means education imparted upto Class XII in different types of schools including Middle English Schools, Middle Madrassas, High Schools, High 'IVIadrassas, and Higher Secondary "

Schools;

(xi) "secondary school" means a deficit school where the secondary education is impart- ed;

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(xii) "school authority" means the "Director"

or "Inspector" whose approval is necessary for the appointment or regularisation of the appointment of an employee of a secondary school.

:l111ployees 3. Subject to the provision of Article 30 of Go~~rn~cnt the Constitution of India, on and from the s~rvanti. appointed day all employees of all secondary '

schools in the State of Assam shall be deemed to have become employees of the State Govern- ment of Assam with effect from the date of appointment on the following terms and condi- tions;

(1) All rules including service rules and rules of conduct and discipline which are ap- plicable to Government servants of corresponding ranks shall be applicable to all employees.

(2) All employees shall get such emoluments as salary and allowances as may be prescribed :

Provided that no employee shall get as emoluments any amount which is less than the amount he was getting immediately before the appointed day.

(3) Services of all the employees shall be encadred in appropriate cadres in accordance with the rules framed by the State Government for this purpose.

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\..- ".rHE ASSAM GAZETTE, EX'rRADRDINARY, bEC. ___ ~~~- ~977 ~05 ( 4) The inter-se seniority of the employees ~£ a cadre or class shall be determined on the basis of principles laid down in the rules framed under this Act.

Su1mannuii- 4. (1) Notwithstanding anything in the t10n and d . S t. 11 1 h "cnsi ) n, etc. prece mg ec 10n a emp oyees ot er than Grade IV employees of a Secondary School coming

within the purview of this Act shall, on attaining

the age of 58 years, go on superannuation. Grade

IV employees shall go on superannuation on at-

taining the age of 60 yeB:rS.

(2) All employees going on superannuation under the preceding sub-section shall be eligible to pension or gratuity or both in accordance with the Pension Rules applicable to the Government Servants of equivalent rank. In such a case the · employer's contribution along with accumulated inter est therein made towards the Provident Fund of the existing employee concerned before such superannuation shall be paid back to and recover ed by the State Government of Assam.

(3) Any existing employee, other than the Grade IV employees, who does not intend to go on superannuation on attaining the age of 58 years shall have the option to continue upto the completion of the age of 60 years under the same terms and conditions which were applicable to him before the appointed day in which case he shall not be entitled to any pension or gratuity. ( 4) Any existing employee, other than Grade IV employees, who does not intend to go on superannuation on attaining the age of 58 years but wants to continue till the completion of 6() years shall give an option in writing to that effect in the manner prescribed within a period of three months from the appointed day. Any existing employee who does not give such option in writing within the date specified above shall be deemed to have opted for going on superannua- tion on attaining the age of 58 years.

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906 THE ASSAM GAZETTE.) EXTRAORDIN~~Y, DEC. 12, _gt7 Functi~nof 5 (1 ) The administration management and M anaging , · '

Committees. control of a il employees of all secondary schools coming within the purview of this Act shall vest in the S tate Government from the appointed day. ( ~) Th e Managing Corrimttiees of such secon- daTy t::chocls shall exercise such functions as may be specified by the State Government or under the rules made under this / _ct until such Com- mittees arc either reconstituted or replaced under the rules prescribed.

Suiu a~d 6 No suit prosecution or other legal proce-Proceedmgs. · • Power to

make rules.

eding shall lie for anything in good faith done under this Act except with the pTevious sanction of the Sta1.2 Government.

7. The State Government may, by notifica- tion published in the Official Gazette make such rules as may be necessary for provjncialisation of services of employees of other schools not falling within the purview of this Act.

8. (1) The State Government may, by n otification published in the official gazette, make rules for giving effect to the provisions of this Act.

(2) Without pre:judice to the generality of the foregoing provision, the State Government may make rules to provide for all or any of the following matters, namely :-

(i) fixation of the powers, duties and Tesponsibilities of all employees of the secondary schools ;

(ii) the manner in which option shall be

exercised under the provisions of Sec- tion 4;

(iii) the manner in which the contribution made towards the provident fund of an employee shall be paid back to and recovered by the State Government;

(iv) preparation and maintenance of service records of employees;

(v) for the management of the secondary schools.

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907 THE ASSAM OAZBTTE, EX1RAORDINARY, DEC. 12, 1977

(3) Every yule made under this Section shall be laid as soon as may be af ter it is made, before the Assam Legislative Assembly w hile it is in session for a total period of fourteen days which may be comprised in one session or in two suc- cessive sessions and if, before the expiry of the session "in which it is so laid or the session im- mediately following, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislat ive Assembly agree that the rule should not be made, the rule shall thereafter h ave effect only in such m odified form or be of no effect as the case may be, so however, that any such modification or annulment shall be without pr ej udice to the validity of anything previously done l1nder that r u le .

. Power of . 9. {l) If any dispute arises · about the inter- 1nterpretat1on t t " f • · f h ' A t th' and removal p:i;e a 10n 0 any prov1s10n 0 L IS c .e ~r difficul· interpretation of the State Government shall be

ties. fin al. # ~" •. ~ l

R epeal and

savings.

(2) If any difficulty arises in giving effect to the provisions of this Act, the Governor may by or der do anything not inconsistent with the provisions of this Act which ap-z>ear to him to be necessary or expedient for the purpose of remov- ing that difficulty .

(3) Every order made under the preceding sub-section shall be laid before the Assam Legis- lative Assembly in the manner laid down in sub- section (3) of Section 8 ~bove.

10. (1) The Assam Secondary Education (Pr ovincialisation) Ordinance, 1977 (Assam Ordinance No. V of 1977), is hereby :r:epealed.

(2) Notwithstanding such repeal, any oyder passed, any notification issued, anything _done or' any action taken under the Ordinance so repeal- ed, shall be deemed tct have been passed, issued. done or taken under the correspon ding provisions of t h is Act.

V . TAHBILDAR,

Secretary to the Govt. of Assam, Law Department.

- -'----------------- ·--------·- -- GAUHATJ-Printed and published by the Supdt .. i/c .. Assam Govt. Printing Pres~ (EX-Gazette) No.327- 11700-5,C00-12-12-1977,

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