The Assam College Employees (Provincialisation) Act, 2005
                   - TOstr /o>3 Registered No. 768/97

# THE ASSAM GAZETTE

### EXTRAORDINARY

## aw aiafW

### PUBLISHED BY THE AUTHORITY

#### 408 ?33W4, 23 2005, 2 tp , 1927 ( l ? )
 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, 2()05
 AN
 ACT
 to provide for provincialisation of the services of employees of the Non-Govemment
 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-Govemment Colleges in receipt of deficit grants-in-aid from
 the Government of Assam.

 It is hereby enacted in the Fiftysixth Year of the Republic of India
 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 Councils, extend this Act to the Autonomous Council areas by notification published in 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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N.

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

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

(a) "College" means any Non-Govemment College in Assam in receipt of

deficit grants-in-aid from the Government and imparting general
education in Arts, Commerce or Science stream in Graduate level;

(b) "employee" means an employee of a College both teaching or non-teaching

appointed substantively against a sanctioned p o st;

(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-Govemment College
Management Rules, 2001 ;

(e) “Government” means the Government of Assam;

(f) “provincialisation” means taking the liabilities for payment of salaries

including dearness allowance, m edical 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 em ployees

**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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THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. 3249

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 G overnm ent’s share o f the
Contributory Provident Fund with interest within six months from
the date of coming into force of this A c t:

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 such 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** as 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 Director 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 o f 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 1 st 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, EXTRAORDINARY, DECEMBER 23, 2005.
1

**Mode of** 8. Employees who retire<i/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**
**prior to 1st** Rules of the Government. They shall not be entitled to any other
**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 one 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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