The Assam Junior Colleges (Provincialisation) Act, 2012

/ -> Registered No. 768/97 ^ I'Sr^nsrww. THE ASSAM GAZETTE wiw EXTRAORDINARY srr<3 TUT PUBLISHEDBY THE AUTHORITY 7 ) f ^ 227 ftn^Jpr, TFTCK, l9 ar\ 2012, 29 0̂*1, 1934 - (*W) No. 227 Dispur, Saturday, 19th May, 2012, 29th Baisakha, 1934 (S.E.) . % i* IA %» 1 GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT ::: LEGISLATIVE BRANCH i 5. / T i * r K' I NOTIFICATIONT* I The 19th May, 2012 No. LGL. 44/2010/23 -The following Act .of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. \ \ ASSAM ACT NO. XV OF 2012 (Received the assent of the Governor on 14th May, 2012) THE ASSAM JUNIOR COLLEGES (PROVINCIALISATION) ACT, 2012 5 •• 4 y *f 5- At- THE 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 Act may be called 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 the Governing 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 Education in respect of BTC area, Additional Director, Hills in 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 the management of the Junior Colleges; (e) “Junior College” means a College Which are in receipt of deficit system of grants-in-aid from the State Government for imparting general education in Arts, Commerce and Science stream in plus 2 stages; 2. » SiM**..|f c < * _ _ * _ THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2012 2023 (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 have been allotted against each of the Junior College by the 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 the services of the employees 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. Buildingandother 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. I.WIW'IW1* ' - *i Jaw-**-*- . . THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 20122024 5. (1) Subjftct to the provisions of this Act and the rules made ther under, all rules including Service Rules to be framed under the proviso to Article 309 of the Constitution of India and rules of conduct and discipline which are applicable to Government servant of corresponding ranks, shall be applicable 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 of pay 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 as may 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 the State 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 the age of sixty years. (2) All employees who have been duly appointed by the competent Appointing Authority against valid sanctioned post prior to 01:01*2005.in the Junior CoHegeirought under the deficit-system of grantwn-aid, shall be entitled to pension and other pensionary benefit* underthe 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 not be entitled to pension and other pensionary benefits under Assam Service (Pension) Rules, 1969, but shall be covered under the New Contributory Pension Scheme introduced by the State Government. (4) The services of the employees under sub-section (2)shall be counted towards pension and pensionary benefits with effect from the date on which the Junior College was brought under die deficit system of grantsrin-aid; Pension etc. hV > I i 9 .JiatSUL- JS=» . r ¥ .*