The Assam Venture Sanskrit and Pali Educational Institutions (Provincialisation of Services) Act, 2012

Registered No.-768/97 THE ASSAM GAZETTE 'SFHtWt EXTRAORDINARY : PUBLISHED BY THE AUTHORITY 169 11 <4zm,.2O12,22 U\5, 1934 (“fr) No.169 Dispur, Wednesday, 11th April, 2012, 22nd Chaitra, 1934 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT : : : LEGISLATIVE BRANCH NOTIFICATION The 11th April, 2012 No. LOL 135/2011/58.—The folio wing Act of the Assam Legislative Assembly which received the assent o f the Governor is hereby published for general information. o ASSAM ACT NO. VIII OF 2012 (Received the assent of the Governor on 5th April, 2012) THE ASSAM VENTURE SANSKRIT AND PALI EDUCATIONAL INSTITUTIONS (PROVINCIALISATION OF SERVICES) ACT, 2012 1074 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012 Preamble Short title, extent and commencement. Definitions 2. AN ACT to provincialise the services o f the employees o f the Venture Sanskrit and Pali Educational Institutions in the Slate 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 the employees o f the Venture Sanskrit and Pali Educational Institutions in the State o f Assam and to restrict further establishment o f such educational institutions in the State; It is hereby enacted in the Sixty-third Year o f the Republic of India as follows:- 1. (1) This Act may be called the Assam Venture Sanskrit and Pali Educational Institutions ( Provincialisation o f Services) Act, 2012. (2) It extends to the whole o f Assam. (3) It shall come into force on such dale as the Stale 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 Venture Sanskrit and Pali Educational Institutions. In this Act, unless the context otherwise requires,- (a) “Deputy Director o f Sanskrit Education” means the Deputy Director o f Sanskrit Education and includes Assistant Director o f Sanskrit Education; (b) “Director” means Director o f Higher Education, Assam and includes Additional Director or Deputy Director o f Sanskrit Education or Assistant Director o f Sanskrit Education; (c) "Employee" means and includes all serving employees both teaching and non-teaching o f Venture Sanskrit and Pali Educational Institutions who have been appointed by the Governing BodyZManagiag Committee o f the concerned Venture Sanskrit and Pali Educational Institution before first day o f January,2012 and whose services are being or would be considered for being provincialised under this Act; THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1075 (d) "Governing Body" means the Governing Body o f Sanskrit College approved by the appropriate authority as notified by the State Government for carrying out the management o f the college; (e) “ Inspector o f Schools" means the Inspector o f Schools in the concerned District and unless the context otherwise requires, it includes an Assistant Inspector o f Schools o f the same District; (f) "Managing Committee" means the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management o f the concerned Venture Sanskrit and Pali Education Institution; (g) “provincialised Sanskrit and Pali Educational Institution" or "Provincialised Sanskrit College" means a Venture Sanskrit or Pali Educational Institution o r Venture Sanskrit College wherein the services o f employees are provincialised or being considered to be provincialised under this Act; (h) "prescribed" means prescribed by the rules made under this Act; ( i) "State Sanskrit Education Board" means the Assam Sanskrit Board, constituted under the provisions o f the Assam Education Department. Rules and orders; (j) “State Government" means the State Government o f Assam in the Education (Higher) Department; (k) "Scrutiny Committee" means the scrutiny committee constituted under section 10 o f this A ct to recommend names o f Venture Sanskrit and Pali Educational Institutions which are considered eligible fo r provincialisation o f the services o f the employees serving therein; ( l) "Sanskrit Education" means a system o f special classical education in which lessons are imparted on the subjects o f Sanskrit, Pali, Veda, Vedanta, Jyotish, Karmakanda, Kalap, Ratnamala, Panini, Mughdhabodh, Kavya, Mimangsha along with general subjects like Modem Indian Language, English, Mathematics, General Science, Social Science upto Secondary level, the syllabi, curriculum, and examination which are regulated by the Assam Sanskrit Board upto the level o f Prayesika Examination, the second level is Madhyama and third level is Shastri (title); 1076 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 Eligibility criteria for selection of educational institutions for provincialisation o f services o f its employees. (m) "Venture Sanskrit and Pali Educational Institution" means Venture Sanskrit Educational Institution such as Tol, Vidyalaya, Chotuspathi, Vidyapith and Sanskrit College or Venture Pali Educational Institution such as • Tol or Vidyalaya, as the case may be, which have been established by the people o f the locality before 1.1.2006 and which have received permission and recognition from the Assam Sanskrit Board before 01.01.2006 and which have not been provincialised under any Act enacted by the State Legislature so far. 3. (1) Subject to the provisions of Article 30 o f the Constitution o f India, the following categories of Venture Sanskrit and Pali Educational Institutions shall be eligible for being considered for provincialisaton o f the services o f its cmployees:- (i) the Venture Sanskrit and Pali Educational Institutions which have been established by the people o f the locality and had obtained the required permission and recognition from the Assam Sanskrit Board before 01.01.2006; and (ii) it has a minimum enrollment of 20 students in Pravesika class which is equivalent to H.S.LC, and a minimum enrollment of 15 irudents in Shastri in Final Year Class as on the date of coming into force of this Act; and (iii) the concerned educational institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination at the Pravesika and Shastri level must have passed in any three examinations held since 01.01.2006. (2) The concerned educational institutions must have required infrastructure as specified in section 10 o f the Assam Non­ Government Educational Institutions (Regulation and Management) Act, 2006. (3) An Institution which does not have the required infrastructure specified in subsection (2) above, may be considered as eligible for provincialisation o f the services o f its employees, provided such institutions acquire the required infrastructure within two years from the date o f commencement o f this Act. fasaxa Act IV of2007 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1C77 Employees to be Government Servant. (4) Subject to the provisions o f the Assam Non-Govemment Educational Institutions (Regulation and Management) Act, 2006, a Venture Sanskrit and Pali Education Institution which does not fu lfil the elig ibility criteria as on the date o f coming into force o f this Act Or does not acquire eligibility under sub-section (3) above w ithin two years period as aforesaid shall not be eligible to be considered for provincialisation o f the services o f its employees, but may be allowed to nin as a Private Institution or a Non- Govemment Educational Institution. (5) Save and except an institution covered under Article 30 o f the Constitution o f India which Is already getting financial assistance, no other Venture Sanskrit and Pali Educational Institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date o f coming into force o f this Act. 4. (1) The services o f the employees o f all eligible Venture Sanskrit and Pali Educational Institutions under section 3 and who have already completed ten years o f services in such Venture Sanskrit and Pali Educational Institutions without any break from the date o f permission and recognition o f such institution, as on the date o f coming into force o f this Act, shall be deemed to have been provincialised and they shall become employees o f the State Government with effect from that date. (2) The services o f all the teaching and non-teaching employees, who have not yet completed ten years o f continuous services without break in that Venture Sanskrit and Pali Educational Institutions on the date o f coming into force o f this Act. shall be provincialised with effect from the date on which they complete the required ten years o f service: Provided that the number o f employees in both teaching and non-teaching cadre in each o f the institutions, services o f whom are provincialised or to be provincialised under this Act, shall not exceed as specified in the Schedule, appended to this A c t: Assam A c t TV o f 2007 1078 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 Terms and Conditions o f service Provided farther that where the number o f such employees serving in such Venture Sanskrit and Pali Educational Institutions exceeds the numbers as specified in the Schedule, the provincialisation o f the services o f the employees shall be cm the basis o f seniority in the respective category in the concerned educational institution. The State Government shall have no liability whatsoever in regard to such excess employees. (3) The services o f a teaching or non-teaching employees in a Venture Sanskrit and Pali Institutions shall be considered for provincialisation, only i f they have the requiste academic and professional qualifications prescribed by the Assam Sanskrit Board at the time o f their initial appointment: 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 o f coming into force o f 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 o f his failure to acquires the 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, 5. (I) Subject to the provisions o f this Act and the rules made thereunder, all rules including service rules and rules o f conduct and discipline which are applicable to the State Government servants o f corresponding ranks, shall be applicable to all employees o f the provincialised Sanskrit and Pali Educations Institutions. (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 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 o f the corresponding rank. THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1079 Management o f the educational institutions where services o f employees are provincialised. Governing Body/Managing Committee in respect o f provincialised Institutions Power o f Governing Body/Managing Committee (3) The employees, who have completed sixty years o f age as on the date o f coming into force o f this Act, shall be deemed to have retired with effect from that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and retirement benefits Lot services already rendered by them in such educational institutions. (4 ) Services o f all employees shall be encadred in appropriate cadres in accordance with the rules as may be prescribed by the State Government for this purpose. 6. W ith effect from the date o f publication o f the notification under sub­ section (4) o f section 10 , the administration, management and control o f all provincialised Sanskrit and Pali Educational Institutions coming within the purview o f this Act shall vest in the State Government 7. The Constitution, composition, powers, functions and duties o f Governing Body in case o f provincialised Sanskrit College and o f the Managing Committee in case o f all other provincialised Sanskrit and Pali Educational Institutions shall be governed by the rules framed by the State G o vrnment under this A c t 8. ( I ) The State Government or an officer authorised by the State Government, by an order, constitute a Governing Body in case o f a provincialised Sanskrit College and a Managing Committee in respect o f all other provincialised Sanskrit and Pali Educational institutions for managing the affairs o f such Institutions. (2) The Managing Comnoittee/Goveming Body, as the case may be, o f such Institutions shall exercise such powers and shall perform such functions as may be prescribed by the State Government under the rules made under this Act (3) The State Government or the Officer so authorised by the state Government may, at any time, re-constitute the Managing Committee or the Governing Body, as the case may be, whenever it is considered necessary. (4 ) The composition o f the Managing Committee or Governing Body shall be such as may be prescribed by the State Government. 1080 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012 Amalgamation, shifting or expansion of Provincialised Institution Scrutiny Committee (5) Subject to overall control and supervision of the Director/ Deputy Director o f Sanskrit Education, al! teaching and non-teaching employees whose sereices 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 if and so required, their services may be utilised in the lower classes, 9. (1) In appropriate cases, if there is already an existing Sanskrit and Pali Educational Institution nearby, and the enrollment of the students does not justify more than one institution in the same locality, or there are other sufficient reasons so to do, the Stale Government, in the -public interest and for reasons to be recorded may order, transfer or shilling of the institution from one place to another, or may order amalgamation of two or more existing institutions. (2) In appropriate poses, if the State Government is of the view- that an existing institution need be expanded so as to have more classes, the State Government may order expansion of an existing institution so as to include lower and higher classes or introduce new courses of study or subjects. (3) AH employees teaching and non-teaching whose services have been provincialised under the provisions of this Act and who arc working in one o f the provincialised Sanskrit and Pali Educational Institution in respect of which an order under sub-scction (1) and section (2) has been passed shall be liable to be transferred and posted in any such provincialised 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 leach in the lower classes also 1<L(I) There shall be one Scrutiny Committee to scrutinize service records and other related issues of the serving teachers and Non-teaching staff of Venture Sanskrit and Pali liducational Instituion pertaining to provincialisation of their services. (2) The Deputy Director,Sanskrit Education by an order, shall constitute the Scrutiny Committee under preceding sub-section. THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1081 (3) The Scrutiny Committee shall first scrutinize and prepare a list of all Venture Sanskrit and Pali Educational Institutions within the State, which are eligible in terms of the provisions o f this Act and shall thereafter proceed to scrutinize and verify the service records o f all the serving employees, who are eligible or would become eligible for being considered for provincialisation oftheir services. (4) The Scrutiny Committee shall forward the verified list o f eligible teachers school-wise in accordance with the number of posts specified in the Schedule appended to this Act , to the concerned Director who shall, after making such further scrutiny as may be required, shall forward the same to the concerned Department of the State Government for consideration and for issuing Notification in respect o f the eligible institutions and employees eligible for getting their services provincialised. (5) The 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 o f a Civil Court for the purpose of compelling attendance of persons and production o f documents. (6) The Scrutiny Committee for all categories o f the Venture Sanskrit and Pali Educational Institutions shall be constituted with the following members namely:- (i) The Deputy Director, Sanskrit Education -— Chairman; (ii) The Inspector of Schools,Kamrup -— Member; (iii) One Deputy Director/ Assistant Director (to be nominated by Director, Higher Education)— Member; (iv) One Pradhan Adhyapaka (Principal) o f a Provincialised Sanskrit and Pali Educational Institution (either serving or retired ) to be nominated by the Director----- Member; (v) One eminent person in the field o f Sanskrit Education to be nominated by the Director-—-Member. (7) The State Government may ,by an order re- constitute the Scrutiny Committee or may change its composition, if the circumstances so warrant. 1082 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 Educational Institution not provincialised to function a» Private/ Non* Government Institutions. Offencesand. Penalties Suitsand proceedings Power o f interpretation and removal o f difficulties. 11. (1 ) The service o f employees o f the Venture Sanskrit and Pali Educational Institutions which have been cstabliscd on or after 01.01.2006 shall not be provincialised and no such Institution shall be allowed to remain functional unless it has obtained,- ( i) permission and recognition from the Assam Sanskrit Board; ( i i) pcrmission under the provisions o f the Assam Non- Govemment Education Institutions ( Regulation and Managment) Act, 2006, in case all other educational institutions: (2) All- such Venture Sanskrit and Pali Educational Institutions, which have obtained the required permission or recognition, as the case may be, shall be allowed to function s purely private or Non- Ciovemment Educational Institution. 12. (1) Whoever provides misleading, incorrect or false information to and suppresses material information from or abets the providing or suppression o f such information to the Scrutiny Committee or to any other authority under this Act, shall commit an offenceunder 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 cognizable offences under the provisions o f the Code o f Criminal NoProcedure, 1973. 13. No slut, prosecution or other legal proceeding shall lie fo r anything in good faith done under this Act, except w ith the previous sanction o f the State Government. 14. (1) I f any d ifficu lty arises in interpretation o f any provisions o f this Act, the interpretation o f the State Government shall be final. (2) I f any d ifficu lty arises in giving effect to provisions o f 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. Assam Act IV of 2007 Central Act 1 o f 1974 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11,2012 1083 Delegation o f powers. 15.(l)Thc State Government may delegate all its powers. except the powers conferred under sections 14 and 16 o f the Act to any other Authority or to Director/ Deputy Director. (2 ) The O fficer or Authority to whom the powers are delegated under sub-section (1 ) shall exercise the same subject to overall supervision and control o f the State Government and subject to such limitations as may be specified by the State Government. Power to make rules. 16.(1) The State. Government may. by notification published in the Official Gazette, make rules for carrying out provisions o f this Act. (2) W ithout prejudice to the generality o f the foregoing provisions, such rules may provide for all or any o f the following matters, namely (i) prescribing service conditions and specifying the duties and responsibilities o f all employees whose services have beenprovincialised 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 o f the Governing Body o f the provincialised Sanskrit College and the Managing Committee o f all provincialised Sanskrit and Pali Educational Institutions; (iv ) specifying the powers, functions, duties and responsiblitics o f the Managing Committee or Governing Body o f the provincialised Sanskrit and Pali Educational Institutions. as the case may be. (3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period o f fourteen days which may be comprised in one session or in two o r more successive sessions and i f , before the expiry o f the session in which it is, 3® la id o r the session immediately following, the Assam: Legjstafae Assssssbl '̂ agree in making any modification i * tfte rufe o r thtt Asaam. Legislative Assembly agrees that A r mrft should! not be madte. Ate rules shall thereafter haveaffievtuafe iifc sushi modified form or b e o f no effect, as the case- ivag, b it howcKcr. that any such modification or annultmoA sh a l Le w A o u t prejudice to the- valdhQi o f anything pacKuMtdy A tD eaaA tr Am suite. I 1084 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 schedule. [ See Sections 4(2) and 10(4) ] Maximum o f em ployees for Venture Sanskrit and Pali Educations Institution for provincialisation o f their services Total : - 5 (five) SI. No. Category o f Staff. N o. o f posts 1 2 3 1. Pradhan Adhyapaka. 1 2. Second Adhyapaka 1 3. Graduate Teacher (Arts) 1 4. Science Graduate (Asstt. Teacher) 1 ■ 5. G ra d e-IV . 1 MOHD. ABDUL HAQUE, Secretary to the Govt, o f Assam, Legislative Department, Dispur G u w a h a tiP rin te d and Published by the Dy. Director (P & S), Directorate o f Ptg. & Sty. Assam, Guwahati-21. Ex. Gazette N o. 3 3 7 -3 0 0 + 6 0 0 - 11 - 4 - 2 0 1 2 .