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 of the Governor is hereby published for general information.

**ASSAM ACT NO. VIII OF 2012**

o (Received the assent of the Governor on 5th April, 2012)

**THE ASSAM VENTURE SANSKRIT AND PALI EDUCATIONAL INSTITUTIONS**

**(PROVINCIALISATION OF SERVICES) ACT, 2012**


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**1074** **THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012**

##### 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 of such Educational Institutions in the State.**

**Preamble** **Whereas it is expedient to provincialise the services of the**

**employees o f the Venture Sanskrit and Pali Educational Institutions in**

**the State o f Assam and to restrict further establishment of such**

**educational institutions in the State;**

**It is hereby enacted in the Sixty-third Year o f the Republic of**

**India as follows:-**

**Short title, extent** **1. (1) This Act may be called the Assam Venture Sanskrit and Pali**
**and**

**Educational Institutions ( Provincialisation o f Services) Act, 2012.**

**commencement.**

**(2) It extends to the whole of 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.**

**Definitions** 2. **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 of Sanskrit Education;**

**(c) "Employee" means and includes all serving employees both teaching**

**and** **non-teaching of 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;**


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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 or 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 Act to recommend names o f Venture

Sanskrit and Pali Educational Institutions which are considered

eligible for 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);


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**1076** **THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012**

**(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 of 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.**

**Eligibility criteria** **3.** **(1) Subject to the provisions of Article 30 o f the Constitution of India,**
**for selection of**

**the following categories of Venture Sanskrit and Pali Educational**

**educational**
**institutions for** **Institutions** **shall** **be** **eligible** **for** **being** **considered** **for**
**provincialisation**

**provincialisaton of the services of its cmployees:-**

**o f services o f its**

**employees.** **(i)** **the Venture Sanskrit and Pali Educational Institutions which**

**have been established by the people of 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** _fasaxa_

**Act IV**

**infrastructure as specified in section 10 of the Assam Non­**

**of2007**

**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 of the services of its employees, provided**

**such institutions acquire the required infrastructure within two**

**years from the date of commencement of this Act.**


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THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1C77

(4) Subject to the provisions o f the Assam Non-Govemment Assam

A ct TV

Educational Institutions (Regulation and Management) Act, 2006,

o f 2007

a Venture Sanskrit and Pali Education Institution which does not

fulfil the eligibility criteria as on the date o f coming into force o f

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 provincialisation of 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 of coming into force of this

Act.

**Employees to be** 4. (1) The services of the employees o f all eligible Venture Sanskrit and
**Government**

Pali Educational Institutions under section 3 and who have already

**Servant.**

completed ten years o f services in such Venture Sanskrit and Pali

Educational Institutions without any break from the date of

permission and recognition o f such institution, as on the date of

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 of 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 of

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:


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1078 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012

**Provided farther that where the number of 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 if** **they have the requiste academic and**

**professional qualifications prescribed by the Assam Sanskrit 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 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 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 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,**

**Terms and** **5. (I) Subject to the provisions of this Act and the rules made thereunder,**
**Conditions of**

**all rules including service rules and rules of conduct and discipline**

**service**

**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 of 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 of pension, they shall be governed by the**

**New Pension Scheme applicable to the State Government employees**

**o f the corresponding rank.**


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THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1079

**(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.**

**Management of** **6.** **W ith effect from the date o f publication o f the notification under sub­**
**the educational**

**section** **(4) o f section 10 , the administration, management and**

**institutions where**
**services of** **control o f all** **provincialised Sanskrit and Pali Educational**
**employees are**

**Institutions coming within the purview o f this Act shall vest in the**

**provincialised.**

**State Government**

**Governing** **7.** **The Constitution, composition, powers, functions and duties o f**
**Body/Managing**

**Governing Body in case of provincialised Sanskrit College and o f**

**Committee in**
**respect o f** **the Managing Committee** **in case o f** **all other provincialised**
**provincialised**

**Sanskrit and Pali Educational Institutions shall be governed by the**

**Institutions**

**rules framed by the State G o vrnment under this A ct**

**Power o f** **8. ( I ) The State Government or an officer authorised by the State**
**Governing**

**Government, by an order, constitute a Governing Body in case o f a**

**Body/Managing**
**Committee** **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.**


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1080 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012

(5) Subject to overall control and supervision of the Director/ Deputy

Director of 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,

Amalgamation, 9. (1) In appropriate cases, if there is already an existing Sanskrit and Pali
shifting or

Educational Institution nearby, and the enrollment of the students

expansion of
Provincialised does not justify more than one institution in the same
Institution

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 of 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

Scrutiny

and other related issues of the serving teachers and Non-teaching

Committee

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.


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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 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 oftheir services.

(4) The Scrutiny Committee shall forward the verified list of 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 of 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 of a Civil Court for the purpose of compelling attendance of

persons and production of documents.

(6) The Scrutiny Committee for all categories of 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) of 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 of 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.


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1082 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012

Educational 11. (1) The service o f employees o f the Venture Sanskrit and Pali
Institution not

Educational Institutions which have been cstabliscd on or after

provincialised to
function a» 01.01.2006 shall not be provincialised and no such Institution
Private/ Non*

shall be allowed to remain functional unless it has obtained,-

Government

Institutions.

(i) permission and recognition from the Assam Sanskrit Board; Assam

Act IV

(ii) pcrmission under the provisions o f the Assam Non-

of 2007

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.

Offencesand. 12. (1) Whoever provides misleading, incorrect or false information to

Penalties

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 Central

Act 1 o f

under the provisions o f the Code o f Criminal NoProcedure, 1973.

1974

Suitsand 13. No slut, prosecution or other legal proceeding shall lie for anything
proceedings

in good faith done under this Act, except with the previous

sanction o f the State Government.

Power o f 14. (1) I f any difficulty arises in interpretation o f any provisions o f this
interpretation

Act, the interpretation o f the State Government shall be final.

and removal o f
difficulties. (2) I f any difficulty 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.


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**THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11,2012** **1083**

**Delegation o f** **15.(l)Thc State Government may delegate all its powers. except the**
**powers.**

**powers conferred under sections 14 and 16 of the Act to any other**

**Authority or to Director/ Deputy Director.**

**(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 o f the State Government and subject to**

**such limitations as may be specified by the State Government.**

**Power to make** **16.(1) The State. Government may. by notification published in the**
**rules.**

**Official Gazette, make rules for carrying out provisions o f this Act.**

**(2) Without 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 or more successive sessions and**

**i f , before the expiry o f the session in which it is, 3® laid 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 be**

**o f no effect, as the case-** **ivag,** **b it howcKcr. that any such**

**modification or annultmoA** **sh al** **Le** **w A o u t** **prejudice to the-**

**valdhQi o f anything pacKuMtdy A tD eaaA tr Am suite.**

## I


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###### schedule.

**[ See Sections 4(2) and 10(4) ]**

**Maximum** **o f employees for Venture Sanskrit and Pali Educations Institution**

**for provincialisation o f their services**

**SI. No.** **Category o f Staff.** **No. 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 rad e-IV .** **1**

**Total** **:** **- 5 (five)**

**MOHD. ABDUL HAQUE,**

**Secretary to the Govt, of 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 .**


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