The Assam Non-Government School and College Employees Centralised Provident Fund Scheme Act, 1969

o ASSAM ACT XV OF 1969 [Received the assent of the Governor on the 8th May 1969 ) THE ASSA\1 NON-GOVERNMENT SCH O O L AND COLLEGE EMPLOYEES CENTRALISED PROVIDENT FUND SCHEME ACT, 1969 (Published in th e A ssam Gazette, Extraordinary, dated th e 16th M ay 1969) An Act to rnake provision for the creation of a Centralised Provident Fund and fralDing of a Scherne thereof fo r the ernployees of the Non~ Gevexnrnent Schools and Colleges in AssalD and its adIDinis­ tration by a Board of T rustees 9 reamble. WHEREAS itis expedient to m ake provision for the creation of a Centralised Provid ent Fund and framing of a Scheme thereof for th e employees of the Non­ Government Schools and Colleges in Assam ; AND WHEREAS it is further expedient to a dmin ister and control th e said fund by a Board of T ru stees to safeguard the interest of the subscribers by proper investment of deposits and to extend additional retire­ ment and other benefits to th e subscribers in gradual stages: I, It is hereby enacted in the Twent ieth Ye ar of th e Republic of India as fo1iows :- Short title, extent and commence­ ment. 1~ (1) This ACt may be ca!led the Assam Non­ Government School and College Employees Centralised Provident Fund Scheme Act , 1969. (2) It extends to the State of Assam . (3) It shall come into forc e on such date or ' dates as the State Government m ay, by notification in the official Gazette, appoint and different date s may be appointed for different categories of Schools and Coll eges and different provisions of the Act . ;'efinitions. 2. In th is Act, unless there is anything rep ugna nt in the subject or context :- (a) "Act " means the Assam Non-Government School and College Employees Centralised Pro. vident Fund Scheme Act , 1969 ; 2. (b) "Board of Trustees" means the Board , of Trustees to be constituted by the State Govern­ ment as per scheme framed under section 4(1)- for administration of the fund ;, • (c) "Centralised Provident Fund" means the fund established 'u nder section 3 of this Act ; (d ) "Employer" means and includes :- (i) S~cretafY of the 9~)Vernirg.l!.o~y in, case of employees of Aided Colleges; (ii ) Secretary of Managing Committee in case of employees of Aided Secondary Schools and .Elemen tary Schools not under the control of "the Elementary Edu'cation Board " or.' District Councils '; , ~ . ' "~I .' , .' ~ (iii ) Secretary, State Board of Elementary Education in respect of the employees of his 'own office and Assistan t Secretary of the State Boards in ' resp ect of the EI~nientaiY School Teachers, m-nisterial' and 'other 'sta ff in the respective edhcat:lOlial '" 8uI:idivision ' in respect of whom they are, appointing author~~y.; . (e ) "F;IIJp'loye~s " means and includes:- N (i) Teachers and Miu'isterial 'sta ff in Aided Secondary Schools and 'Aide'd" College's';" U (ii) Elementary School teachers and Ministerial staff . and other whole-time' employe~ under the State Board "of Elementary! Education; ( f) "~xisting Fund~' means accumulation in individual Postal Savings ' Bank or in any 'other Bank account of the contributions of the employers and employees in respect of the Contributory Provident Fund' .. . ' I " ,, ' , • s, r (g) "Existing Contribution" means the deduc­ tion from .the s~hlfies of an e~ploye<1~' for , deposit to the Contributory Provident Fund an~ , the amount payable by the ew,pl(jyer) l}- _re~pect,~f e~,ch employ~e to ' the said . fund under the Rules and at the rate 1Dforce; oJ - .. v~.. ·.n -, 1 . .. . ,T.' _ • • (h) "Non-Government Schools and Oolleges" means"a nd iiicludes :..:- . (i ) Elementary Schools maintained with Go- , verrimerit grant-in-aid sanctioned through th e State Board of'.Elerneritary Education and Elementary Schoolli " 'wHere ' main­ tenance grant-in-aid is sanctioned direct by the Government: o 3 (ii) Higher Secondary and Multipurpose Schools, High Schools, High Madrassas, Middle English Schools, Middle Madrassas as are in receipt of maintenance grant und er deficit system sanctioned by die Government under the Rules in force; (iii) Colleges as are in receipt of maintenance grant und er th e deficit system sanctioned by th e Government under the Rules in force .; (i ) " Scheme" means the Assam Non-Government School and College Employees Centralised Provident Fund Scheme, 1969 framed under section 4 (1) of this Act ; and (j ) "Subscriber" means an emp loyee who has been admitted. to and eligible for the benefit, of Contributory Provident Fund under; the provisions of the Rules in force. c r d 3. (1) The Sta te Governmen t may, by notification ;r~~kJ~~t in the official Gazette, constitute afund to be called)the Fund. Assam Non-Government School and College EmployeGs Centralised P roviden t Fund wherein shall be credited ;- (i) Existing fund of the subscribers ; (ii) Contributions of the employers and emplo­ yees after the constitution of the fund ; (iii) Grant-in-aid , if any , by the State Govern- ment. . '. (2) The State Government shall , by notification in the official Gazette, further direct the period within which the employers shall credit to the Centralised Pro­ vident Fund the existing funds 0'£ the subscribers. I .Centralised 4 . (1) The . State Oovernment may, by notifica- Provident tiqn. ip. the .~ftiCial Gazette, frame a scheme to be called Fund "The Assam Non-Government School and College Scheme. Employees C entralised Provident Fund Scheme" to be administered by a " Board of Trustees" to be constituted by"'tr.e Government under theSch eme, . . " (2) A Scheme fra med under the provisions ofsub. section (I ) may provide for all Or any of the matters specified in the Schedule. Date of .5. A Scheme fram ed under this Act may provide operation of that any of its provis ions shall corne into force with the Schem e. effect from such date as may be specified in th is behalf in th~ Scheme ~~d different dates maybe appointed for different prOVISIOns of the Scheme. . Modification 6. The State Government may, by notification in S ~f the the official Gazette, add to, amend or vary a Scheme c erne. framed under this Act. Responsibi- 7. Every employer shall be responsible for collec- lity of collec- tion of the conn ibutions, their remittance in accor­ ti?n o.f con- dance with the provisions of the Scheme and main­ tributlon, tenance of necessary records in respect of their emplo- yees. H e shall be responsible for furnishing within th ir ty days information under the Scheme that may be cal led for by the Board of Trustees. Inspectors. 8. (I) The State Government may, by.notification in the official Gazette, appoint such Government officials as it thinks fit to be Ex-officio Inspectors for the purpose of the Scheme and may define their juris­ dic tion. (2) Every Inspector sh':L11 be deemed to be a ' Act XLV Public Servant within the meaning of section 21 of the of 1860 Indian Penal Code, 1860. (3) An I nspector may in respect of any School or College within his jurisdiction:- (a) require an employer or subscriber to furnish information as he may consider necessary for the purpose of the scheme ; (b) during the office hours, i, e., from IO A.(M. to . 4-30 P. M. on all working days except on Satur­ day when it wil1 be from 10 A. M. to 1-30 p. ,M. enter into any of its office and require anyone in charge thereof to produce before him such acco unts books, registers and other documents relating to the Scheme as he may consider necessary; (c) examine, with regard to any matter relevant to any of the purposes aforesaid, the employer or any other persons found in charge of its office; (d) exercise such other powers as may be assigned to him by the State Government or by the Board of Trustees constituted in accordance with the provisions of the Scheme with the previous approval of the Government. ,.-i / 5 Penalties. 9. Whoever for the purposes of this Act or under the Scheme framed u nder the Act fail to make the required contribution within the prescribed time limit or makes a false statement or does not furnish the required information shall be punishable by- _ (i ) d irect recovery from the, Grant-in-aid or other existing fund of the School/College by the Board of Trustees with interest and/or .such other compensation as may be decided by the Board of Trust ees ; (ii) stoppage of Grant-in-aid of the Schoolj Co llege; (iii) imposition of compensati on not exceeding 25 per cent of th e amount du e, as may be decided, by the Board of Trustees, provi­ ded that the em ployer shall be given an opportunity for his defence within 30 days from the date of issue of the notice, provided further that if in the opinion of th e Board of Trustees, any contribution is delay ed fo r reasons bey ond the control of the employer, he shall not be punish­ able under the pro vision of this Ac t. Pewer to 10_. (1) The State Government may for the pur­ rnak e Rules. pose of carrying out the provisions of this Act, make rules subject to p revious publication in the official Gazette . (2) Every rule made under this section shall be laid, as soon as may be, after it is made, before the Assam Legislative Assemb ly while it is in session for a total period of fourteen days wh ich may be com­ prised in one session or in two successive sessions and if, before the ' expiry of the session in which it is so laid or the sessions immediately following the Assa m Legisla tive Assembly, agr ee in · making any modifica tion in the rule or the Assam Legis­ la tive Assembly agree that the rule should not be made, the rule shall thereafter. ha ve effect only in such modified form or be of no effect, as the case may be ; so however, that any such modification or annulment shall be ' without prejudice to the validity of anything previously done under that rule. SCHEDULE ' [See section 4 (I » MNlwrERS TO BE PROVIDED IN THE SCHEME 1. The constitution of a Board of Trustees with four nominees of ,}rlVernment of whom one shall be the Chairman (ii) five representatives of th e emplovres of whom at least one each shall be from Aided Colleges, 6 SecondarySchools and Elementary Schools, (iii) one person having special knowledge in Banking, investment, etc., to be nominated by Govern ment . o 2:The appointment of officers and servants of the Board and their service conditions. .: 0 3. The manner in which account shall be kept, the preparation of budget, audit .of accounts and the submission of report to the State Govern- · ment, . 4. The conditions under which withdrawals from the Fund may be per­ mitted or any deduction may be made. 5. The manner of investment of the whole or any portion of the Fund in Government Securities or otherwise by the Board of Trustees and con­ siderat ion of varions retirement and other benefits to the subscribers with the previous approval of the State Government. 6. The form in which the employer shall furnish the accounts and various other returns to be furnished by him. 7. The Registers and records relating to the Scheme to he maintained by the employer. 8. Any other matter which may be necessar y or proper for tl.~ purpose .of implementation .of the Scneme, AGP (Leg) N'o.l6/69-4,OOo-24.6.6Q. ...." .