The Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011

v5PH Registered No. 768/97 THE ASSAM GAZETTE w im EXTRA ORDINARY W ’aWI PUBLISHED BY T1 IE AUTHORITY 39 f r ’f’F , 21 2012, 1 WT, 1933 (“Rs) No. 39 Dispur. Saturday, 21st January. 2012. 1st Magha. 1933 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : : LEGISLATIVE BRANCH NOTIFICATION The 21st January. 2012. No. LGL. 136/2011/38. - The following Act ofthe Assam Legislative Assembly which received the assent ofthe Governor is hereby published for general information. ASSAM ACT NO. Ill OF 2012 (Received the assent of the Governor on 18th January, 2012 THE ASSAM VENTURE MADRASSA EDUCATIONAL INSTITUTIONS (PROVINCI ALISATION OF SERVICES) ACT, 2011 288 THE ASSAM GAZETTE, EXTRA ORDINARY, JANUARY 21, 2012 Preamble AN ACT to provincialise the services of the employees o f the Venture Madrassa Educational Institutions in the State o f Assam and to restrict further establishment o f such Educational Institutions in the State Whereas it is expedient to provincialise the services o f employees o f Venture Madrassa Educational Institutions in the State o f Assam and to restrict further establislunent o f such educational institutions in the State; Short title, extent and commencement It is hereby enacted in the Sixty-second Year o f the Republic of India as follows:- 1. (1) This Act may be called the Assam Venture Madrassa Educational Institutions (Provincialisation o f Services) Act, 2011 (2) It extends to the whole of Assam (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions o f the Act. or for different category o f Madrassa Educational Institutions. Application 2. The Act shall not apply to any Madrassa Educational Institution or Arabic College, established or claiming protection under Article 30 o f the Constitution of India. Definitions 3. In this Act, unless the context otherwise requires,- (a) “Deputy Director o f Madrassa Education” means the Deputy Director o f Madrassa Education and includes Assistant Director o f Madrassa Education, (b) “Director o f Madrassa Education” means Director o f Madrassa Education, Assam and includes Deputy Director, Additional Director or Assistant Director o f Madrassa Education. Assam; 1 H b A b b A M U A Z b 1 1 b , b X 1 K A U K D IN A K Y, JA N U A R Y Z l , ZU1Z (c) “District Elementary Education Officer” means the District Elementary Education Officer of the concerned District; (d) “District Scrutiny Committee” means the District Scrutiny Committee constituted under section 11 of this Act for each District to recommend names of Venture Madrassa Educational Institutions which are considered eligible for provincilisation of the services of the employees serving therein; (e) “employee” means and includes all serving employees, both leaching and non­ teaching, of Venture Madrassa Educational Institutions, who have been appointed by the Governing Body I Managing Committee of the concerned Venture Madrassa Educational Educational Institution before first day of January, 2011 and whose services are provincialised or would be considered for being provincialised under this Act; (f) “Governing Body” means the Governing Body of an Arabic College or Title Madrassa approved by the appropriate authority as notified by the State Government for carrying out the management of the College or the Title Madrassa, as the case may be; (g) “Inspector of Schools” means the Inspector of School in the concerned District and unless the context otherwise requires, it includes an Assistant Inspector of Schools of the same District; (h) “Madrassa Education” means a system of special education in which instruction is imparted in Arabic, Urdu, Persian, Quran, Tafsir, Hadith, Fiqh, Usui, Aquaid, Mantiquc. Hiqrnat, Balagat, Islamic History alongwith same or all general subjects like Modem Indian Language, Science, Social Science. Computer, Technical and Vocational education upto Secondary School level; the syllabi, curriculum and examination for which are regulated by the Slate Madrassa Education Board, Assam upto the level of Fadilul- Ma’rif (F.M.) and Mumtaz-ul-Muhaddithin (M.M.); (i) “Madrassa Educational Institutions” means Venture Madrassa Educational Institutions such as Pre-Senior Madrassa, Senior Madrassa. Title Madrassa and Arabic College which have been established by the people of the locally before 1.1.2006 and which have received permission and recognition from the State Madrassa Education Board, Assam before 1.1.2006 and not provinvialised under any Act enacted by the State Legislature so far; (j) “Managing Committee” means the Managing Committee approved by the appropriate authority as notified by the Slate Government for carrying out the management of the concerned Madrassa Educational Institutions; (k) “Provincialised Madrassa Educational Institution” or "Provincialised Arabic College" means a Venture Madrassa Educational Institution wherein the services of employees are provinciUsed or would be considered to be provincilised under this Act; (l) “State Government” means the Stale Government of Assam in the Education (Secondary) Department; (m) “State Madrassa Education Board” means the State Madrassa Education Board, Assam constituted under the provisions of the Assam Education Department Rules and Orders; (n) “Venture Arabic College” means a Venture Arabic College imparting Islamic-cum- General education upto F.M. (Fadilul- Ma'rif) and upto M.M. (Mumtazul- Muhaddithin) level for Islamic education which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far; (o) “Venture Prc-Scnior Madrassa” means a Madrassa Educational Institution imparting Islamic-cum-Gcneral education upto Upper Primary' level and which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far; (p) “Venture Senior Madrassa” means a Venture Senior Madrassa Educational Institution imparting Islamic and General education upto F.M. (Fadilul-Ma'rif) and includes a Senior Madrassa imparting Islamic and General education upto Intermediate stage which has been established by the people of the locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not provincialised under any of the Act enacted by the State Legislature so far; (q) “Venture Title Madrassa” means a Venture Title Madrassa imparting Islamic education upto M.M. (Mumtazul-Muhaddithin) which has been established by the people of the Eligibility criteria 4. (1) for selection of Venture Madrassa Educational Institutions for provincialisation of services of its employees locality prior to 1.1.2006 and which has also received permission and recognition from the State Madrassa Education Board before 1.1.2006 and not pronincialised under any of the Act enacted by the State Legislature so far; (r) “F.M. (Fadilul-Ma’rif)” means a course of instruction in Islamic education in theological subjects which is equivalent to a Degree Course at graduate level and equivalent to HSLC in General Education; (s) “M.M. (Mumtazul-Muhaddithin)" means a course of instruction in Islamic education upto Post-Graduate level in theological subjects; (t) “prescribed" means prescribed by rules made under this Act. Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Madrassa Educational Institutions shall be eligible for being considered for provincialisation of the services of its employees (i) the Venture Madrassa Educational Institutions which have been established by the people of the locality and had obtained the required permission and recognition from the State Madrassa Education Board, before 1.1.2006; and (ii) it has a minimum enrolment of 20 students in the highest class i.e. class- VIII (Prc-Senior 3rd year) if it is Pre­ Senior Madrassa; 15 students in class-Xl (Intermediate class) if it is Senior Madrassa upto Intermediate Stage, and 10 students in F.M. Final year class if it is a Senior Madrassa upto F.M. stage; and a minimum enrolment of 7 students in M.M. Final year class if it is a Title Madrassa or an Arabic College, during last three sessions from the date of commencement of this Act; and 295 (iii) in case of a Senior Madrassa (upto Intermediate stage or F.M. stage) or an Arabic College or a Title Madrassa, the concerned Madrassa Educational Institution must have a consistent good academic performance which would mean that al least 20% of the candidates appearing for the final examination must have passed in any three examinations held since 1.1.2006. (2) The concerned Madrassa Educational Institution must have required infrastructure as specified in section 10 of the Assam Non-Govemment Educational Institutions (Regulation and Management) Act, 2006. Assam Act IV of 2007 (3) An institution, which does not have the required infrastructure specified in sub-section (2) above, may be considered as eligible for provincialisation of the services of its employees, provided such (4) institution acquires the required infrastructure within two years from the date of commencement of this Act. Subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 in case Central Act No. 35 of of all Pre-Senior Madrassa Educational Institutions 2009 and in case of all other Madrassa Educational Institutions subject to the provisions of the Assam Non-Govemment Educational Institutions .Assam (Regulation and Management) Act, 2006, a Act IV of Madrassa Educational Institution which docs not fulfil the eligibility criteria as on the date of coming into force of this Act or does not acquire eligibility under sub-section (3) above within two years period as aforesaid shall not be eligible to be considered for provincialasiation of the services of its employees, but may be allowed to run as a Private Institution or a Non-Govemment Educational Institution. (5) Save and except an institution covered under Article 30 of the Constitution of India which is already getting financial assistance or grants-in-aid, 29( Employees to be 5. (I) Government Servant no Private or Non-Govemment Madrassa Educational Institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date of coming into force of this Act. The Services of the employees of all eligible Venture Madrassa Educational Institutions under section 4 who have already completed ten years of services in such Madrassa Educational Institution without any break from the date of permission and recognition of such Madrassa Educational Institute, as on the date of coming into force of this Act, shall be deemed to have been provincialised and they shall become employees of State Government with effect from that date. The services of all the teaching and non-teaching employees, who have not yet completed ten years of continuous services without break in that Venture Madrassa Educational Institutions on the date of coming into force of this Act, shall be provincialised with effect from the date on which they complete the required ten years of sen ice : Provided that the numbers of employees in both teaching and non-teaching cadre in each of the institution, services of whom arc provincialised or to be provincialised under this Act, shall not exceed as specified in the Schedule appended to this Act: Provided further that where the number of such employees serving in such Venture Madrassa Educational Institutions exceeds the numbers as specified in the Schedule, the provincialisation of the sendees of the employees shall be on the basis of seniority in the respective category in the concerned Madrassa Educational Institution. The State Government shall have no liability whatsoever in regard to such employees. The services of a teaching or non-teaching employee in a Venture Madrassa Educational Institution shall be considered for provincialisation. only if they have the requisite academic and THE ASSAM GAZETTE. EXTRA ORDINARY, JANUARY 21. 2012 295 Ferms and conditions of Service Ferms and conditions of Service professional qualifications prescribed by the State Madrassa Education Board at the time o f their initial appointm ent: Provided that if an employee is required to acquire any prescribed academic or professional qualifications, services o f such employee may be considered for provincialisation if otherwise eligible, but in such case the provincialisation would be subject to acquisition o f such prescribed qualifications within a period o f five years from the date of coming into force of this Act, and during this intervening period, the State Government shall have no liability in respect o f his pay and allowances and he may continue to work under the existing terms and conditions under which he was working, until his services are provincialised. In case of his failure to acquire tire required academic or professional qualifications within the stipulated period, his services shall stand terminated with effect from the date o f expiry o f stipulated period of five years. 6. (1) Subject to the provisions o f this Act and the rules made thereunder, all rules including service rules and rules of conduct and discipline which are applicable to the State Government servants of corresponding ranks, shall be applicable to all employees o f Madrassa Educational Institutions whose services have been or would be provincialised under the provisions o f this Act. (2) All such employees shall get such emoluments as salary' and allowances as may be prescribed with effect from the date o f provincialisation o f their services and the past service rendered by them shall not be counted for any purpose whatsoever, and all such employees shall get the same pay and allowances as if they are fresh appointees and in respect o f pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. (3) The employees, who have completed sixty years of Terms and conditions of Service professional qualifications prescribed by the State Madrassa Education Board at the time of their initial appointment: Provided that if an employee is required to acquire any prescribed academic or professional qualifications, services of such employee may be considered for provincialisation if otherwise eligible, but in such case the provincialisation would be subject to acquisition of such prescribed qualifications within a period of five years from the date of coming into force of this Act, and during this intervening period, the State Government shall have no liability in respect of his pay and allowances and he may continue to work under the existing terms and conditions under which he was working, until his services are provincialised. In case of his failure to acquire the required academic or professional qualifications within the stipulated period, his services shall stand terminated with effect from the date of expiry of stipulated period of five years. 6. (1) Subject to the provisions of this Act and the rules made thereunder, all rules including service rules and rules of conduct and discipline which are applicable to the State Government servants of corresponding ranks, shall be applicable to all employees of Madrassa Educational Institutions whose services have been or would be provincialised under the provisions of this Act. (2) All such employees shall get such emoluments as salary and allowances as may be prescribed with effect from the date of provincialisation of their services and the past service rendered by them shall not be counted for any purpose whatsoever, and all such employees shall get the same pay and allowances as if they are fresh appointees and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. (3) The employees, who have completed sixty years of age as on the date of coming into force of this Act, Mian uvc iiic u to iiavc rcureu v>un e iiec i irom that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and retirement benefits for services already rendered by them in such Madrassa Educational Institutions. (4) Services of all employees shall be encadrcd in appropriate cadres in accordance with the rules as may be prescribed by the State Government for this Management of the Madrassa Educational Institution where services of employees are provincialised Managing Committee in respect of provincialised Pre­ Senior Madrassa ■ Managing Committee/ Governing Body in respect of other Madrassa Educational Institutions purpose. With effect from the date o f publication o f the notification under sub-section (4) o f section 11, the administration, management and control o f all provincialised Madrassa Educational Institutions coming within the purview of this Act shall vest in the State Government. The constitution, composition, powers, functions and duties of the Managing Committee inrespect of Pre-Senior Madrassa shall be governed by the provisions o f the Right o f Children to Free and Compulsory Education Act. 2009 and the rules framed thereunder. The State Government or an officer authorized by the State Government, by an order, constitute a Central Act 35 oil 2009 (2) (3) Managing Committee in respect o f Senior Madrassa and a Governing Body in respect o f a Title Madrassa or an Arabic College, for managing the affairs o f such Madrassa Educational Institutions. The Governing Body and the Managing Committee, as the case may be, o f such institutions shall exercise such powers and shall perform such functions as may be specified by the State Government under the rules made under this Act. The State Government or the Officer so authorized by the State Government may, at any lime, re­ constitute the Managing Committee or the Governing Body, as the case may be, whenever it is considered necessary. The composition of the Managing Committee or the Governing Body shall be such as may be prescribed by the State Government. (4) Amalgamation, shifting or expansion of Madrassa Educational Institution (5) Subject to overall control and supervision of the Director, Madrassa Education all teaching and non­ teaching employees whose services are or would be provincialised, shall be accountable and remain subject to the control of the Managing Committee or the Governing Body, as the case may be. (6) All teachers, whose services have been provincialised shall render their services under the control and supervision of the Head of the Institution and if so required their services may be utilized in the lower classes. 10. (1) In appropriate cases, if there is already an existing Madrassa Educational Institution nearby, and the enrolment of the students does not justify more than one institution in the same locality, or there are other sufficient reasons so to do, the State Government, in the public interest and for reasons to be recorded may, order transfer or shifting of the institution from one place to another, or may order amalgamation of two or more existing institutions. (2) In appropriate cases, if the State Government is of the view that an existing Madrassa Educational Institution need be expanded so as to have more classes, the State Government may order expansion of tin existing institution from Pre-Scnior to Senior (Intermediate Stage) or from Senior (Intermediate Stage) to Senior (F.M.) Stage, or from Senior (F.M.) stage to Arabic College or Title Madrassa. (3) Al! employees teaching and non-teaching whose services have been provincialised under the provisions of this Act and who are working in one of the Madrassa Educational Institution in respect of which an order under sub-sections (1) and (2) above has been passed, shall be. liable to be transferred and posted in any such provincialised Madrassa Educational Institution in the same rank and grade. (4) All teachers working on a higher grade in an institution in respect of which an order under sub­ section (2) has been passed may be required to teach in the lower classes also. Committee each District for Pre-Senior Madrassa, Senior Madrassa and for Title Madrassa or Arabic College to scrutinize service records and o’her related issues of the serving teachers and staff of Venture Madrassa Educational Institutions pertaining to provincialisation of their services. (2) The Deputy Commissioner of the District, by an order, ' shall constitute the District Scrutiny Committee for the respective District under preceding sub-section. (3) The District Scrutiny Committee shall first scrutinize and prepare a list of all Venture Madrassa Educational Institutions within the District, which are eligible in terms of the provisions of this Act and shall thereafter proceed to scrutinize and verify the service records of all the serving employees, who are eligible or would become eligible for being considered for provincialisation of their services. (4) The District Scrutiny Committee shall forward the verified list of eligible teachers Madrassa-wise in accordance with the number of posts specified in the Schedule appended to this Act, to the Director of Madrassa Education who shall, after making such further scrutiny as may be required, forward the same to the State Government for consideration and for issuing Notification in respect of the eligible Madrassa Educational Institutions and employees eligible for getting their services provincialised. (5) The District Scrutiny Committee shall have the powers to inspect all documents and records produced before it and call for such further records and documents as may be required for the purpose of causing verification and scrutiny and examine witnesses for the purpose, if considered necessary and while doing so it shall have the powers of a Civil Court for the purpose of compelling attendance of persons and production of documents. (6) The District Scrutiny Committee for all categories of the Venture Madrassa Educational Institutions Madrassa Educational Institutions not provincialised to function as Private/Non- povemment Institutions. shall be constituted with the following members, namely (i) Tire Deputy Commissioner or his nominee not below the rank of Additional Deputy Commissioner Chairman; (ii) The Inspector of Schools (Member- Secretary in case of Senior Madrassa/Title Madrassa or Arabic College, otherwise member) - Member; (iii) The District Elementary Education Officer (Member-Secretary in case of Pre-Senior Madrassa, otherwise member) - Member; (iv) Superintendent of a Provincialised Senior Madrassa (either serving or retired) to be nominated by the Inspector of Schools. - Member; (v) One eminent person in the field of Madrassa Education - to be nominated by the Deputy Commissioner - Member. (7) The State Government may, by an order re­ constitute the District Scrutiny Committee or may change its composition, if the circumstances so warrant. 12 (1) The service of employees of the Venture Madrassa Educational Institutions which have been established on or after 1.1.2006 shall not be provincilased and no such educational institution shall be allowed to remain functional unless it has obtained (i) permission under provisions of the Assam Non-Govemment Educational Institutions (Regulation and Management) Act, 2006; (ii) recognition from the authority under the provisions of section 18 of the Right of Children to Free and Compulsory Education Act, 2009 except in case of a Title Madrassa (2) All such Venture Madrassa Educational Institutions, which have obtained the required permission an’d recognition as the case may be, shall be allowed to function as purely Private or Non-Govemment education Institution. Assam Act IV of 2007 Central Act No 35 of 2009 300 THE ASSAM GAZETTE, EXTRA ORDINARY, JANUARY 21, 2012 Offences and Penalties 13 (1) Whoever provides misleading, incorrect or false information to and suppresses material information from or abets the providing or suppression of such information to the District Scrutiny Committee or to any other authority under this Act shall commit an offence under this Act which shall be punishable with imprisonment for a term which may extend to three years. (2) Offences committed under this Act shall be Central cognizable offences under the provisions or the Code of Criminal Procedure, 1973. Suits and proceedings 14. No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with previous sanction o f the Slate Government. Power of interpretation and removal of ditTiculties Delegation of powers Power to make rules 15. (1) If any difficulty arises in interpretation o f any provisions of this Act, interpretation o f the State Government shall be final. (2) If any difficulty arises in giving effect to provisions of this Act. the State Government may, by order do anything not inconsistent with the provisions o f this Act which appear to be necessary or expedient for the purpose o f removing the difficulty. 16. (1) The State Government may delegate all its powers. except the powers conferred under sections 15 and 17 of the Act to the Director /Deputy Director of Madrassa Education. (2) The Officer or Authority to whom the powers are delegated under sub-section (1) shall exercise the same subject to overall supervision and control of the State Government and subject to such limitations as may be specified by the State Government. 17 (1) The State Government may, by notification published in the Official Gazette, make rules for carrying out the provisions o f this Act. (2) Without prejudice to the generality o f the foregoing provisions, such rules may provide for all or any of the following matters, namely THE ASSAM GAZETTE, EXTRAORDINARY, JANUARY 21, 2012 (i) prescribing service conditions and specifying the duties and responsibilities of all employees whose services have been provincialised under this Act; (ii) preparation and maintenance o f service records o f the employees whose services have been provincialised; (iii) for constitution and composition of the Governing Body or the Managing Committee, as the case may be, of the provincialised Madrassa Educational Institutions; (iv) specifying the powers, functions, duties and responsibility of the Managing Committee or the Governing Body of the Madrassa Educational Institutions, as the case may be. (3) Every rule made under this section shall be laid as soon as may be alter it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two or more successive session and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees that the rule should not be made, the rules shall thereafter have effect only in such modified form or be of no effect as the case may be, however, that any such modification or annulment shall be without prejudice to the validity o f anything previously done under that rule. SCHEDULE | See Sections 5(2) and 11(4) ] Maximum number of employees for Madrassa Educational Institutions for provincialisation of their services. THE ASSAM GAZETTE, EXTRA ORDINARY, JANUARY 21, 2012 303 ____ L Category of Institution Category of Staff Existing 1 2 3 Title Madrassa : Post Graduate Level (M.M.) of 2 classes containing different Departments o f Theological subjects and others. Principal 1 Lecturer 5 Librarian (F.M) 1 Junior Assistant 1 Grade - IV 1 Total 09 ABDUL rlAUUE, S e c r e t a r y t » t h * J * v t , © f A ssam , L e g i s l a t i v e D e p a r t m e n t , D i s p u r . Registered No. 768/97 THE ASSAM GAZETTE EXTRAORDINARY srro sht __________ PUBLISHED BY THE AUTHORITY__________ 214 f^TtU> 30 CT, 2013, 9 U5&, 1935 ( ’T?) No. 214 Dispur, Thursday, 30th May, 2013, 9th Jaistha, 1935 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH NOTIFICATION The 30th May, 2013 No. LGL.136/2011/76. - The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. XII OF 2013 (Received the assent of the Governor on 20th May, 2013.) THE ASSAM VENTURE MADRASSA EDUCATIONAL INSTITUTIONS • (PROVINCIALISATION OF SERVICES) (AMENDMENT) ACT, 2013 1346 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 30, 2013 Preamble Short title, extent and commencement AN ACT to amend the Assam Venture Madrassa Educational Institutions (Provmdahsation of Services) Act, 2011. - Whereas it is expedient to amend the Assam Venture Madrassa Assam Educational Institutions (Provindalisation of Services) Act, 2011, Act No. hereafter referred to as to the principal Act, in the manner hereafter HI of appearing; 2012It is hereby in the Sixty-fourth Year of the Republic of India as follows:- f ‘ 1. (1) This Act may be called the Assam Venture Madrassa Educational Institutions (Provincialisations of Service) (Amendment) Act, 2013. Amendment of section 3 (2) It shall have the like extent as principal A c t(3) It shall be deemed to have come into force on and from the 21st day of January, 2012 save and except section 2 which shall come into force on such date as m ay be appointed by the State Government by notification in the Official Gazette under sub-section(3) of section 1 o f tire principal Act. 2. In the principal Act, in section 3, - (i) in clause (i), for the word "before", the words "on or before" shall be substituted";(ii) in clause (n), for the words "prior to "and "before", the words "on or before" respectively shall be substituted; ' (iii) in clause (o), for the words "prior to" and " before", the words "on or before" respectively shall be substituted; (iv)in clause (p), for the words "prior to" and "before", the words "on or before" respectively shall be substituted;(v) in clause (q), for the words ’’prior to” and "before” , the words "on or before" respectively shall be substituted. THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 30, 2013 1347 Amendment 3. of section 4 In the principal Act, in section 4, in sub-section (1), -(i) in clause (i), for the word "before", the words "on or before ” shall be substituted; (ii) for clause (ii), the following shall be substituted, "(ii) it has a minimum total enrolment of 20 students if it is a Pre-senior Madrassa, 30 students in senior section if it is a Senior Madrassa, 50 students if it is an Amalgamated Senior Madrassa i.e. from class - V I (Pre-Sr. 1st year) upto F.M . stage and a minimum enrolment of 7 students in M .M . Pinal year C a s s if rt is a Title Madrassa or an Arabic College, as on the date of com ing into force of this Act; and".Amendment of 4. (1) In the principal Act, in section 5, for sub-section (1), the section 5 following shall be substituted, namely:-"(1) The services, of the employees of all eligible Venture Madrassa Educational Institutions under section 4 shall be deemed to have been provincialised on the date of coming into force of this Act and they shall become employees of the State Government with effect from that date, provided such Madrassa educational institutions have completed at least 10 years of imparting education from the date of permission or recognition, as the case may be, as on date of coming into force of this A c t : Amendment 5. of section 12 Provided that the services of those employees of the Venture Madrassa Educational Institutions eligible for provoncialisation under section 4 which have not completed 10 years of their imparting education form the date of their permission or recognition, as the case may be, as on the date of coming into force of this Act, shall be provincialised as and when the concerned Madrassa Educational Institutions complete 16 years of imparting education from the date of such recognition or permission, as the case may be."In the principal Act, in section 12, in sub-section (1), the words "oh or", appearing after the word "established" and before the word "after", shall be deleted. MOHD. ABDUL HAQUE,Commissioner and Secretary to the Government o f Assam , Legislative Department. G U W A H A T I :Printed and Published by the Deputy Director (P & S), Directorate o f Ptg. & Sty., Assam,Guwahati-21, (Ex-Gazette) No. 426-300+100-30-5-2013. Registered No.-768/97 THE ASSAM GAZETTE EXTRAORDINARY ai$ w i PUBLISHED BY THE AUTHORITY 203 18 2014, 27 W , 1936 (*fa) No. 203 Dispur, Thursday, 18th September, 2014, 27th Bhadra, 1936 (S. E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 18th September, 2014 5 No. LG L. 136/2011/90 - The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. ASSAM ACT NO. VIII OF 2014 (Received the assent of the Governor on 15th September, 2014) THE ASSAM VENTURE MADRASSA EDUCATIONAL INSTITUTIONS (PROV1NCIALISATION OF SERVICES) (AMENDMENT) ACT, 2014 5* 888 THE ASSAM GAZETTE, EXTRAORDINARY, SEPTEMBER 18, 2014 AN ACT further to amend the Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011. Preamble Whereas it is expedient further to amend the Assam Venture Madrassa Educational Institutions (Provincialisation o f Services)Act, 2011, hereinafter referred to as the principal Act, in the manner hereinafter appearing; Assam Act, No. Ill o f 2012 Short title, 1. extent and commencement It is hereby enacted in the Sixty-fifth Year of the Republic o f India as follows; (1) This Act may be called the Assam Venture Madrassa Educational Institutions (Provincialisation of Services) (Amendment) Act, 2014. (2) It shall have the like extent as the principal Act. (3) It shall come into force on such date as may be appointed by the State Government by notification in the Official Gazette under sub-section (3) of section 1 of the principal Act. Amendment of section 5 2. In th6 principal Act, in section 5, in sub-sections (1) and (2), for the word ‘ten’ wherever it occurs, the word ‘seven’ shall be substituted. tftxnriorrfw vldrn: -rfT - 0V' 1 I * i T/ S. M. BUZAR BAKU AH, Secretary to the Government of Assam, Legislative Department, Dispur. Guwahati: Printed and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-21. Ex Gazette No. 405 - 300 + 300 - 18 - 09 - 2014.