Notification 11 04 2017 2
Notification 11 04 2017 2
Notification 11 04 2017 2
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THEASSAM GAZETTE
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EXTRAORDINARY
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PUBLIST{ED BY THE AUTHORITY
GOVERNMENTOFASSAM
ORDERS BY TFIE GOVERNOR
NOTIFICATION
No. LGL. 6812017 t6.- The following Act of the Assam Legislative Assembly
which received the assent of the Governor on 6th Ap ril,20l7 is hereby published for
general information.
AN
ACT
to provincialise the services of the teachers of the Venture Educational Institutions and
also to re-organise and s[reamline the Educational Institutions up to degree level in the
State of Assam.
Short title, l. (1) This Act may be oalled The Assam Education
ertent and (Provincialisation of Services of Teachers and Re-Organisation
commencemont.
of Fxlucational lnstitutions) Act, 20L7.
instir.rtion;
(n) "Mixed Medium School" mea$s a Primary School (both
Upper Primary a*d Lower Primary) and a High School as
defirled in section Z(za),2(zb) and 2(x) respectively situaled in
the same campus imparting education in more than one medium
educational institution under this Act who are not eligible for
provincialisation of their services and whose services cannot be Cental
provincialised in the post of Teacher under this Act due to lack Act No.
35 of
of his,/her educational and professional qualifications required
2AA9;
as per the Right of Children to Free and Compulsory Educatiou Central
Act No.
Act, 2009, National Council for Teachers Education Act, 1993, 73 of
University Grants Commission Act, 1956 and tfue relevant rules 1993,
Central
and regulations framed thereunder and any other Act, as the Act No.3
case may be, as applicable on the date of provincialisation, of 1956
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966 THE AS SAM GAZETTE, EXTRAORDINARY APRIL 11, 2OL7
institution;
(ii) The land, building and other infrastructure of such Venture
Educational Institutions in case of Venture Primary and
Upper Primary Schools shall be as far as practicable at par Central
Act No'
with the provisions under tle Right of Children to Froe and 35 of
Compulsory Education Act, 2009 and Rules framed there 2009;
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972 THEASSAM GAZETTE, EXTRAORDINARY APRIL ll,20l7
Act, such institutions shall not remain under the ambit of the
provisions of Artiole 30 of the Constitution of lndia with effect
from the date of suchprovincialisation'
(6) (a) The Governme,nt of Assarn shall identiff Base School for
the ptgpose of provincialisation of services of teachers of the
Venture Educational lnstihrtions so as to fulfill the norrrs and
Kms;
(iii) at least one High School or High Madrassa within a radius
of 5 Kms; and
(iv) at least one Higher Secondary School or Junior College
within a radius of 7l(ms'
(b) If
aoy Provincialised school already exists within the
aforesaid radius, the existing Provincialised School shall be
identified as the Base School at the exclusion of a Venture
Educational Institution within the said radius:
Provided that in case of two or more existing provincialised
Educational Institutions within the radius of the area as
specified in clause (a), the District Scrutiny Commiftee shall
identi$ only one of such educational institgtions as tbe Base
School, considering the existing infiastructrge and other
amenities aod facilities available in such educational institution.
Teachersand/or 4 (1) Subjeot to fulfillment of all other provisions of this Act, the
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974 THE AS SAM GAZETTE, EXTRAORDINARY, APRIL I I, 2OI7
Land, building 5 (1) With effect from the date of provincialisation of the services of
etc to vest with the teachers and/or tfiors of the Venture Educational
the Goverxrent Institutions turder this Act, the land, building and other assets of
the concerned educational institution shall vest with the
Govemment.
Educationaland 7 (l) The tutor must acquire the prescribed educational and
Professional professional qualifications within a period of five years from
qualification of the date of publication of the order of provincialisation of
hrtor. services of the teachers and or tutors of the concerned Venture
Educational Institutions in the Official Garet1,r, and after
acquirement of required qualification, they shall be upgraded to
the post ofteacher in appropriatE eadre.
Te,nns and 8 (1) Subject to the provisions of this Act and the Rules made
conditions of hereunde,r all rules including sewice rules and rules of conduct
service. and discipline which are applicable to State Govenment
r"I
976 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL II, 2OT7
District Scnxiny 13. (1) There shall be Distict scrutiny committees in each district
Corurnittee and separately for Elernentary, secondary and for Higher Rlucation
State Level to scrutinize service records and othsr related issues of the
concemed district---Member-Secrttary;
(iii) One representative of the Deputy Cornmissioner of the
newly created district if the instittrtion falls wittrin the
jurisdiction of newly crtated district-'--Member;
(iv) The Depury Inspectors of schools of all subdivisions
within the concemcd disrict--Members;
(v) The Block Elernentary Education officer of all Blocks
within the concerned distict- *'Membersl
(vi) one ernincnt person in the field of educatiou who is an
ordinary resident within the distict to be nominarcd by
the Deputy Commissioner*--Member.
... Chairman.
(ii) Joint DirectorlDeputy Director of the concerned
Directorate- ..MemberSecretary.
(iii) One representative nominated by the conoorned
Appellarc 14, The State l;vel Scrutiny Committee shall be the appellate
authority. authority against any recommendation of the District Scrutiny
Committee aud the Statc Government in the conoerned
administrative department shall be the Appellate Authority
against any recornmendation of the State Level Scrutiny
Committee.
Educational ls. (l) The services of teachers of the Venture Educational Institutions
instihsion not which have been established on or aftcr I-1-2006, shall not be
provincialised to provincialised aud no such educational institution shall be
fiustion as allowed to remain functional unless it has obtained,-
pnvate / non- (i) affiliation &om the affiliating University, if it is a Degree
govemment College;
institutions. (ii) permission under the provisions of the Asmm Non-
Assam
Governrnent Educatioaal Institutions (Regulation and Act No.
IV of
Managerrent) Aot, 2006, in case of all other educational
2007
institutions; and
Central
(iii) certificate of rccognition from the authority notified under
Act No.
the provisions of section 18 of the Right of Children to 35 of
2009
Free and Compulsory Education Act, 2009.
Offences and 16. (1) Whoever provides misleading, incorrect or false information to
Penalties. and suppresses materid information from or abets the providing
or of such information to the District Scrutiny
suppression
Committee or to any other authority under this Act shall
commit an offence under this Act which shatl be puni$able
with imprisonment for a temr which may extend to two ye{rs.
'1
THE AS SAM GAZETTE, EXTRAORDINARY APRIL IT, 2OI7 983
Offencestobe 17. Offences committed under this Act shall be cognizable and Central
cognizable and non-bailable under the provisions of the Code of Crinninal ffIil}'
non-bailable. Procedus,e, 1973.
Trial of cases 18. (1) Offences under section 17 shall be tiable by a Judicial Cental
Magistrate of the competent jurisdiction under the Code of ffl#l'
Criminal Procedure, I 973.
(2) Cases trnder this sestion shatl be tried summarily under the
Code of Criminal Procedure, 1973.
Suit and 19. No suit, prosecution or other legal proceeding shall lie for
proccedings anything in good faith done under this Act, except with the
t previous sanction ofthe State Government.
Power of 20. (l) If any difficulty arises in interpretation of any provisions of this
Creation of 2r. (l) For the purpose of provincialisation of services of the teachers
personal post and tutors under this Act, the Crovernment shall create and
and mainteaance sanction suoh number of ex*adre posts whioh shall be personal
Creation of fund 22 The State Government shall create a special pool of fund to
facilitare implementation of the provisions of this Act in
consultation with the Finance Department of the Government of
Assam in due course of time.
Power to make 23 (1) The State Govemment may, by notification published in the
nrles. Official Gazette, make nrles for carrying out the provisions of
this Act.
educational iastitutions;
(v) prescribing the scope of work, emoluments and
(3) All rules made by the State Govemment under this Act shall, as
soon as may be after they are made, be laid before the Assam
Legislative Assembly while it is in session, for a total period of
not less thao fourteen days whioh may be comprised in one
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THE AS SAM GAZETTE, EXTRAORDINARX APRIL I L, 2017 985
Repeal and 24. The Assam Venture Educational Instinrtions (Provincialisation Assant
savings. of Services) Act, 2011 as amended vide the Assam Venttre ffjr|l;
Educational Institutions (Provincialisation of Services) 201 l;
Assam
(Amendment) Act, 2012 and the Assam Venture Educational
Act No.
I Institutions (Provincialisation of Services) (Amendment) Act )OC of
2012;
2013, which have been struck down by the Hon'ble Gauhati
Assam
High Conrt vide order dated 23.09.2016 in WP(C) No. ActNo.
319012012, and atl rules, orders, notifications issued
ffir*
therpunder, shall strnd repealed, however, all the teacher;
whose services were provincialised prior to 23.9.2016, shall
continue and their cases shall be reviewed as per the eligibility
nonns set forth for provincialisation under this Act.
Schedule
Hieh ScbooU
Crraduate Teacher (BAIB. Com/B. S c) 12600 r4000
High Madrassa
Sr. Hindi Teacher t2600 14000
M. BUZARBARUAH,
S.
Commissioner & Secretaryto the Govt. ofAssam,
kgislative Departnent, Dispw, Guwahati-6.
5
Assam, Guwahati-2l
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing and Stationery
ExtraGazetreNo.2T5 -200+ l0 - 11 -a4-2017