The Assam Junior Colleges (Provincialisation) Act, 2012
w.

# w

###### [I]['][Sr][^][nsr]
### ^

###### THE ASSAM GAZETTE
 wiw
 EXTRAORDINARY

_7_

###### srr<3 TUT
 PUBLISHED BY THE AUTHORITY )

**.** f

###### ^ [227][ ftn][^][Jpr][,][ TFTCK][,][ l][9][ ar][\] 2012, 29 0*1, 1934 -(*W)
##### ^

**%** No. 227 Dispur, Saturday, 19th May, 2012, 29th Baisakha, 1934 (S.E.[)]

_*_ _i_

A %» I
1

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR               -

**_iLEGISLATIVE DEPARTMENT5._** ::: LEGISLATIVE/ T i [BRANCH] r

_I_ K'

                                                       - T **NOTIFICATION**

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]
## -


-----

**2022** THE ASSAM GAZETTE, EXTR AORDINARY, MAY 19, 2012

###### AN
 ACT

 to provincialise certain Junior Colleges which were brought under

the deficit system of grants-in-aid in the State of Assam.

**Preamble** 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                    -

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 2. 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;

1

###### (c) “employees” means and includes all existing employee 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;

|                                                             - _ _                                                             - _ SiM**..


-----

(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

Employees to be 3. Subject to the provisions of Article 30 of the Constitution of India, ail
Government

existing employees both teaching and non-teaching of die Junior

###### servant

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:

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. The Land, Building and other properties owned or held by Junior

Building and other

Colleges coitiing within the purview of this Act and the services of

properties

whose employees are provincialised under section 3 shall vest in the

State Government.


-----

Terms and 5. (1) Subjftct to the provisions of this Act and the rules made ther under,
conditions -of    - all rules including Service Rules to be framed under the proviso to
service

**_nqt_** tfi Article 309 of the Constitution of India and rules of conduct and

c

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.

m

(5) Recruitment andb other conditions of service of the employees shall be

governed by the Service Rules as may be made by the State

**_Ohy_**

Government,

###### .qq» D f

Superannuation and 6. (1) Notwithstanding anything contained in the preceding sections, all

Pension etc. 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

_hV_ 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;

### I

_i_


-----

