The ASSAM COLLEGE EMPLOYEES (PROVINCIALISATION) ACT, 2005
Registered No. 768/97

## THE ASSAM GAZETTE

\5PTT~'T

##### EXTRAORDINARY

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##### PUBLISHED BY THE AUTHORITY

'1"~ 408 Wr~, ~t!l><ITT", 23 ~~. 2005, 2 ~. 1927 (irtq>)

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, ,~9~~ •.

AN
ACT ---.,.

to provide for provincialisation of the services of employees of the Non-Government
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-Government Colleges in receipt of deficit grants-in-aid from
the Government of Assam.

It is hereby enacted in the Fiftysixth Year of the Republic oflndia
as follows:-

Short title, 1.(1) This Act may be called the Assam College Employees
extent and (Provincialisation) Act, 2005.
commencement. (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 Co~cils, extend this Act to the Autonomous
Council areas by notification published i_n the Official Gazette.
(3) It shall be deemed to have come into force on and from the
1st day of December, 2005.


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3248 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005.

Definitions. 2. In this Act, unless the context otherwise requires, -

(a) "College" means any Non-Government College in Assam in receipt of
deficit grants-in-ai~ from the Government and imparting general
education in Arts, Commerce or Science stream in Graduate level ;

(b} "employee" means an employee ofa College both teaching or non-teaching
appointed substantively against a sanctioned post;

( c) "existing employee" means an employee of 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 of January, 2005;

( d) "Governing Body" means the body constituted by the Government in
accordance with the provisions of the Assam Non-Government College
Management Rules, 2001 ;

( e) "Government" means the Government of Assam;

(f) "provincialisation" means taking the liabilities for payment of salaries
including dearness allowance, medical allowance and such other
allowances as admissible to the government employees of similar
category and gratuity, pension, leave encashment, etc. as admissible, under
the existing rules, to the employees of the State Government serving
under the Government of Assam;                  -

(g) "prescribed" means prescribed by rules made under this Act;

(h) "retired employee" means an employee who has retired on attaining the .

age of superannuation or otherwise.

Employees 3. Subject to the provisions of Article 30 and 309 of the Constitution of
to be India, all employees of the Colleges, save and except the employees

provincialised •

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 of the Government on and from the date on which the Colleges
have been brought under the deficit system of grants-in-aid, on the
following terms and conditions, namely :-

(a) all rules including the rules of conduct and discipline, which are applicable
to the Government servants of corresponding grade similarly situated
shall be applicable;

(b) the existing employees will continue to receive their respective existing
scales of pay and other allowances etc. as admissible to them under
relevant rules and orders of the Government;

(c) the posts in each provincialised College shall constitute an independent
cadre for each category of 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 of service shall give an option in writing to the Director, Higher
Education, Assam within a period of three months from the date of coming
into force of this Act:


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### ,_j .'-_ _____ T_HE __ A_S_SA_M_G_A_Z_E_T_T_E_, E_X_T_RA_O_RD_IN_A_R_Y_, _D_E_C_E_M_B_E_R_23_;_,_. _2o_o_s. __ 3_2_49

###### +

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 provincialisation under the
provisions of this Act;

(f) the employees of the Colleges provincialised after coming into force
of this Act shall have no right of option under clause ( d); and

(g) all existing employees who do not exercise option under clause ( d)
shall have to refund the State Government's share of the
Contributory Provident Fund with interest within six months from
the date of corning into force of this Act :

Provided that if any existing employee who fails to refund
the State Government's share of Contributory Provident Fund with
interest within the said stipulated period ~uch employee shall be
deemed to have been opted to remain under the existing terms and
conditions of service applicable to them before provincialisation.

Colleges to be 4. After coming into force of this Act the Colleges provincialised

known as Assam under this Act shall be known as the Assam Provincialised Colleges
Provincialised 1;!S distinct from the Government Colleges in Assam.
Colleges.

Government to 5. The services of all the employees, who do not exercise the option
take over the within the stipulated period under clause (d) of section 3, shall
services of vest with the Government with effect from the respective date of
employees. provincialisation of the Colleges.

Selection and 6, Appointments of both teaching and non-teaching posts in the

appointment of Colleges shall be made by the Dire~tor of Higher Education, Assam
employees. on ·the basis of selection and recommendation of the Governing

Body of the respective College in accordance with the Rules and

Procedure of the Government in force.

Rules to be 7. (1) The existing employees shall be governed by the existing pension
followed for Rules of the Government for the time being in force:
settlement of Provided that the employees who join on or after the 1st day
pension.

###### of February, 2005 shall not be covered by the existing pension
Rules of 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 of Higher Education, Assam shall process all pension
cases and send them to the Accountant General, Assam as per laid
down procedure.


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3250 THE ASSAM GAZETTE, EXTRA.ORDINARY, DECEMBER 23, 2005.

Mode of 8. Employees who retired/died, as the case may be, prior to 1st
pension to January, 2005 shall be given only superannuation pension or
employees who

the family pension, as may be applicable under the existing pension

retired/died

Rules of the Government. They shall not be entitled to any other

prior to 1st
January, 2005 • 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 9. The provincialised employees shall go on superannuation on

superannuation. attaining such age at which a Government servant similarly situated
superannuates. ·

Suits and 10. No suit, prosecution and other legal proceedings shall lie for

Proceeding. anything done in good faith under this Act, except with the previous
sanction of the Government.

Power of 11.( 1) If any difficulty arises as to the interpretation of any provision of
interpretation this Act, the interpretation of the Government shall be final;
and removal of (2) If any difficulty arises in giving effect to the provisions of this Act,
difficulties.

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 12.(1) Except for the purpose of payment of pension which will be
Government to governed by the Assam Services Pension Rules 1969, the State
make Rules. 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 otie 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.

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.


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