The Assam College Employees (Provincialisation) Act, 2005

- TOstr /o>3 Registered No. 768/97 THE ASSAM GAZETTE EXTRAORDINARY aw aiafW PUBLISHED BY THE AUTHORITY 408 ?33W4, 23 2005, 2 tp , 1927 ( l ? ) No. 408 Dispur, Friday, 23rd December, 2005, 2nd Pausha, 1927 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : LEGISLATIVE BRANCH NOTIFICATION The 22nd December, 2005 No.LGL. 112/2005/158 The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XLVI OF 2005 (Received the assent of the Governor on 19th December, 2005) THE ASSAM COLLEGE EMPLOYEES (PROVINCIALISATION) ACT, 2()05 AN ACT to provide for provincialisation of the services of employees of the Non-Govemment Colleges in receipt of deficit grants-in-aid in the State of Assam. Preamble. Whereas it is expedient to provincialise the services of employees of the Non-Govemment Colleges in receipt of deficit grants-in-aid from the Government of Assam. It is hereby enacted in the Fiftysixth Year of the Republic of India as follows :- 1.(1) This Act may be called the Assam College Employees (Provincialisation) Act, 2005. (2) It extends to the whole of Assam except the Autonomous Council areas under the Sixth Schedule to the Constitution of India : Provided that the State Government may, in consultation with the said Autonomous Councils, extend this Act to the Autonomous Council areas by notification published in the Official Gazette. (3) It shall be deemed to have come into force on and from the 1st day of December, 2005. Short title, extent and commencement. N. 3248 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. Definitions. 2. In this Act, unless the context otherwise requires, - (a) "College" means any Non-Govemment College in Assam in receipt o f defic it grants-in-aid from the G overnm ent and im parting general education in Arts, Commerce or Science stream in Graduate lev e l; (b) "employee" means an employee o f a College both teaching or non-teaching appointed substantively against a sanctioned p o s t ; (c) "existing employee" means an employee o f a College both teaching and non-teaching appointed substantively against a sanctioned post and who is or has been in service on or after the 1st day o f January, 2005 ; (d) "Governing Body" means the body constituted by the Government in accordance with the provisions o f the Assam Non-Govemment College Management Rules, 2001 ; (e) “Government” means the Government o f Assam; (f) “provincialisation” means taking the liabilities for payment o f salaries including dearness allow ance, m edical allow ance and such other allow ances as adm issible to the governm ent em ployees o f sim ilar category and gratuity, pension, leave encashment, etc. as admissible, under the existing rules, to the employees o f the State Government serving under the Government o f Assam; (g) “prescribed” means prescribed by rules made under this Act; (h) “retired employee” means an employee who has retired on attaining the age o f superannuation or otherwise. Employees 3. to be provincialised < Subject to the provisions o f Article 30 and 309 o f the Constitution o f India, all employees o f the Colleges, save and excep t the em ployees who exercise option to continue in the existing terms and conditions of service under clause (d) below, shall be deemed to have become the employees o f the Government on and from the date on which the Colleges have been brought under the deficit system o f grants-in-aid, on the following terms and conditions, namely (a) all rules including the rules o f conduct and discipline, which are applicable to the Government servants o f corresponding grade similarly situated shall be applicable; (b) the existing employees will continue to receive their respective existing scales o f pay and other allowances etc. as admissible to them under relevant rules and orders o f the Government; (c) the posts in each provincialised College shall constitute an independent cadre for each category o f employees. No intercadre transfer from one college to another including mutual transfer shall be allowed; (d) the existing employees who want to continue in the existing terms and conditions o f service shall give an option in writing to the Director, Higher Education, Assam within a period o f three months from the date o f coming into force o f this Act: THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. 3249 Colleges to be known as Assam Provincialised Colleges. Government to take over the services of employees. Selection and appointment of employees. Rules to be followed for settlement of pension. Provided that the option once exercised by an existing employee is final and cannot be changed afterwards ; (e) any existing employee who does not exercise option under clause(d) shall be deemed to have opted for p rov inc ia lisa tion under the provisions o f this Act; (f) the employees o f the Colleges provincialised after coming into force o f this Act shall have no right o f option under clause (d); and (g) all existing employees who do not exercise option under clause (d) shall have to refund the State G o vernm en t’s share o f the Contributory Provident Fund with interest within six months from the date o f coming into force o f this A c t : Provided that if any existing employee who fails to refund the State Government’s share o f Contributory Provident Fund with interest within the said stipulated period such employee shall be deemed to have been opted to remain under the existing terms and conditions o f service applicable to them before provincialisation. 4. After coming into force o f this Act the Colleges provincialised under this Act shall be known as the Assam Provincialised Colleges as distinct from the Government Colleges in Assam. 5. The services o f all the employees, who do not exercise the option within the stipulated period under clause (d) o f section 3, shall vest with the Government with effect from the respective date o f provincialisation o f the Colleges. 6. Appointm ents o f both teaching and non-teaching posts in the Colleges shall be made by the Director o f Higher Education, Assam on the basis o f selection and recommendation o f the Governing Body o f the respective College in accordance with the Rules and Procedure o f the Government in force. 7. (1) The existing employees shall be governed by the existing pension Rules o f the Government for the time being in force: Provided that the employees who jo in on or after the 1 st day o f February, 2005 shall not be covered by the existing pension Rules o f the Government. They shall be governed by such pension Rules or Scheme, as the case may be, as may be framed by the Government from time to time. (2) The Director o f Higher Education, Assam shall process all pension cases and send them to the Accountant General, Assam as per laid down procedure. GUWAHATI- Printed and published by the Dy. Director (P. & S.) Directorate of Ptg. and Sty., Assam, Guwahati-21 (Ex. Gazette) No. 815-500+600-23-12-2005. 3250 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. 1 Mode of pension to employees who retired/died prior to 1st January, 2005. 8. Employees who retire<i/died, as the case may be, prior to 1st January, 2005 shall be given only superannuation pension or the family pension, as may be applicable under the existing pension Rules of the Government. They shall not be entitled to any other pensionery benefits: Provided that the payment of such superannuation or family pension, as the case may be, are subject to refund of the Government’s share of their Contributory Provident Fund within six months from the date of coming into force of this Act: Provided further that if the Government’s share of Contributory Provident Fund is not refunded in respect of a retired/ deceased employee within the aforesaid stipulated period no superannuation pension or family pension shall be admissible in respect of such employee. Age of superannuation. 9. The provincialised employees shall go on superannuation on attaining such age at which a Government servant similarly situated superannuates. • Suits and Proceeding. 10. No suit, prosecution and other legal proceedings shall lie for anything done in good faith under this Act, except with the previous sanction of the Government. Power of interpretation and removal of difficulties. 11 .(1) If any difficulty arises as to the interpretation of any provision of this Act, the interpretation of the Government shall be final; (2) If any difficulty arises in giving effect to the provisions of this Act, the Governor may, by order do anything, not inconsistent with the provisions of this Act, which appear to him to be necessary for the purpose of removing the difficulty. Power of the Government to make Rules. 12.(1) Except for the purpose of payment of pension which will be governed by the Assam Services Pension Rules 1969, the State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) All rules made by the State Government under this Act shall, as soon as may be after they are made, be laid before the State Legislature, while it is in session, for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions, and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislature may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder. M. K. DEKA, Commissioner and Secretary to the Govt, of Assam, Legislative Department, Dispur.