The Assam Non-Government School and College Employees Centralised Provident Fund Scheme Act, 1969
ASSAM ACT XV OF 1969

[Received the assent of the Governor on the 8th May 1969 )

THE ASSA\1 NON-GOVERNMENT SCH OO L AND COLLEGE
EMPLOYEES CENTRALISED PROVIDENT FUND
SCHEME ACT, 1969

(Published in th e A ssam Gazette, Extraordinary, dated the 16th M ay 1969)

An
Act

to rnake provision for the creation of a Centralised Provident Fund

###### and fralDing of a Scherne thereof fo r the ernployees of the Non~

Gevexnrnent Schools and Colleges in AssalD and its adIDinis-

###### tration by a Board of T rustees

9 reamble. WHEREAS itis expedient to make provision for the

cr eation of a Centralised Provid ent Fund and framing
of a Scheme thereof for th e employees of the Non-
Government Schools and Colleges in Assam ;

AND WHEREAS it is further expedient to administer
and control th e said fund by a Board of T ru stees to
safeguard the interest of the subscribers by proper
investment of deposits and to extend additional retire-
ment and other benefits to the subscribers in gradual
stages: I,

It is hereby enacted in the Twentieth Year of th e

Republic of India as fo1iows :-

Short title, 1~ (1) This ACt may be ca!led the Assam Non-
extent and Government School and College Employees
commence-

Centralised Provident Fund Scheme Act ,

ment.

1969.

(2) It extends to the State of Assam.

(3) It shall come into force on such date or

'dates as the State Government m ay, by
notification in the official Gazette, appoint
and different dates may be appointed for
different categories of Schools and Colleges
and different provisions of the Act .

;'efinitions. 2. In this Act, unless there is anything repugna nt
in the subject or context :-
(a) "Act" means the Assam Non-Government

School and College Employees Centralised Pro.

vident Fund Scheme Act, 1969 ;


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2.

(b) "Board of Trustees" means the Board , of
Trustees to be constituted by the State Govern-
ment as per scheme framed under section 4(1)                  -
for administration of the fund ;,                   -

(c) "Centralised Provident Fund" means the fund
established 'under section 3 of this Act ;

(d ) "Employer" means and includes :-
(i) S ~cretafY of the 9 ~)Vernirg.l!.o~y in, case of
employees of Aided Colleges;

(ii) Secretary of Managing Committee in case of
employees of Aided Secondary Schools and

.Elementary Schools not under the control
of "the Elementary Edu'cation Board " or.'

District Councils'; , ~ . ' "~I .' , .' ~

(iii) Secretary, State Board of Elementary
Education in respect of the employees of
his 'own office and Assistant Secretary of the
State Boards in 'resp ect of the EI~nientaiY

School Teachers, m-nisterial' and 'other 'staff
in the respective ed hcat:lOlial '" 8uI:idivision '

in respect of whom they are, appointing

author~~y.; .

(e) "F;IIJ p'loye~s " means and includes:-

N (i) Teachers and Miu'isterial 'staff in Aided
Secondary Schools and 'Aide'd" College's';" U

(ii) El ementary School teachers and Ministerial

staff . and other whole-time' emp lo ye~

under the State Board "of Elementary!

Education;

( f) "~xisting Fund~' means accumulation in
individual Postal Savings' Bank or in any 'other Bank
account of the contributions of the employers and
employees in respect of the Contributory Provident
###### Fund' .. . ' I " ,, ' , •
s,

r

(g) "Existing Contribution" means the deduc-
tion from .the s ~hlfies of an e~ploye<1~' for, deposit to
the Contributory Provident Fund an~ , the amount
payable by the ew,pl(jyer) l}- _re~pect ,~f e~,ch employ~e
**force;to ' the said.oJ - fund..** v~.. under·.n the-, Rules1 . and.. . ,T.' at_ • • the rate 1D

(h) "Non-Government Schools and Oolleges"
means"and iiicludes :..:- .

(i) Elementary Schools maintained with Go-

, verrimerit grant-in-aid sanctioned through
the State Board of'.Elerneritary Education
and Elementary Schoolli " 'wHere ' main-
tenance grant-in-aid is sanctioned direct
by the Government:


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(ii) Higher Secondary and Multipurpose
Schools, High Schools, High Madrassas,
Middle English Schools, Middle Madrassas
as are in receipt of maintenance grant
und er deficit system sanctioned by die

Government under the Rules in force;

(iii) Colleges as are in receipt of maintenance
grant und er th e deficit system sanctioned by

the Government under the Rules in force .;

(i) " Scheme" means the Assam Non-Government

School and College Employees Centralised Provident
Fund Scheme, 1969 framed under section 4 (1)
of this Act ; and
###### (j ) "Subscriber" means an employee who has
been admitted. to and eligible for the benefit, of
Contributory Provident Fund under; the provisions
of the Rules in force.

###### c r d 3. (1) The Sta te Government may, by notification

;r~~kJ~~t in the official Gazette, constitute afund to be called)the
Fund. Assam Non-Government School and College EmployeGs
Centralised Provident Fund wherein shall be
credited ;-

(i) Existing fund of the subscribers ;
(ii) Contributions of the employers and emplo-
yees after the constitution of the fund ;

(iii) Grant-in-aid , if any, by the State Govern-

ment. .
# ' .

(2) The State Government shall, by notification

in the official Gazette, further direct the period within
which the employers shall credit to the Centralised Pro-
vident Fund the existing funds 0'£ the subscribers.

I
.Centralised 4. (1) The . State Oovernm ent may, by notifica-
Provident tiqn. ip. the . ~fti Ci a l Gazette, frame a scheme to be called
Fund "The Assam Non-Government School and College
Scheme. Employees Centralised Provident Fund Scheme" to be
administered by a " Board of Trustees" to be constituted
by"'tr.e Government und er theSch eme, . . "

(2) A Scheme fra med under the provisions of sub.
section (I) may provide for all Or any of the matters
specified in the Schedule.

Date of .5. A Scheme fram ed under this Act may provide
operation of that any of its provisions shall corne into force with

the Schem e. effect from such date as may be specified in this behalf
in th~ Scheme ~ ~d differ ent dates maybe appointed
for different prOVISIOns of the Scheme. .


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Modification 6. The State Government may, by notification in
S ~f the the official Gazette, add to, amend or vary a Scheme
c erne. framed under this Act.

Responsibi- 7. Every employer shall be responsible for collec-
lity of collec- tion of the conn ibutions, their remittance in accor-

ti?n o.f con- dance with the provisions of the Scheme and main-
tributlon, tenance of necessary records in respect of their emplo-
yees. H e shall be responsible for furnishing within

thirty days information under the Scheme that may
be called for by the Board of Trustees.

Inspectors. 8. (I) The State Government may, by.notification

in the official Gazette, appoint such Government
officials as it thinks fit to be Ex-officio Inspectors for

the purpose of the Scheme and may define their juris-
diction.

(2) Every Inspector sh':L11 be deemed to be a ' Act XLV
Public Servant within the meaning of section 21 of the of 1860
I ndian Penal Code, 1860.

(3) An I nspector may in respect of any School

or College within his jurisdiction:-

(a) require an employer or subscriber to furnish
information as he may consider necessary for the
purpose of the scheme ;

(b) during the office hours, i, e., from IO A.(M. to

. 4-30 P. M. on all working days except on Satur-
day when it wil1 be from 10 A. M. to 1-30 p. ,M.

enter into any of its office and require anyone
in charge thereof to produce before him such
acco unts books, registers and other documents
relating to the Scheme as he may consider
necessary;

(c) examine, with regard to any matter relevant
to any of the purposes aforesaid, the employer
or any other persons found in charge of its
office;

(d) exercise such other powers as may be assigned
to him by the State Government or by the
Board of Trustees constituted in accordance
with the provisions of the Scheme with the
previous approval of the Government.


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Penalties. 9. Whoever for the purposes of this Act or under
the Scheme framed u nder the Act fail to make the
required contribution within the prescribed time limit
or makes a false statement or does not furnish the
required information shall be punishable by- _

(i) direct recovery from the, Grant-in-aid or

other existing fund of the School/College
by the Board of Trustees with interest

and/or .such other compensation as may be
decided by the Board of Trust ees ;

(ii) stoppage of Grant-in-aid of the Schoolj

College;

(iii) imposition of compensati on not exceeding
25 per cent of the amount du e, as may be
decided, by the Board of Trustees, provi-
ded that the employer shall be given an
opportunity for his defence within 30 days
from the date of issue of the notice,

provided further that if in the opinion of

the Boa rd of Trustees, any contribution
is delayed for reasons bey ond the control
of the employer, he shall not be punish-
able under the pro vision of this Act.

Pewer to 10_. (1) The State G overnment may for the pur-

,. rnak e Rules. pose of carrying out the provisions of this Act, make

rules subject to p revious publication in the official

## -i

Gazette .

(2) Every rule made under this section shall be
laid, as soon as may be, after it is made, before the
Assam Legislative Assemb ly while it is in session for
a total period of fourteen days which may be com-

prised in one session or in two successive sessions
and if, before the ' expiry of the session in which
it is so laid or the sessions immediately following
the Assam Legisla tive Assembly, agree in · making
any modification in the rule or the Assam Legis-
lative Assembly agree that the rule should not be
made, the rule shall thereafter. have effect only in
such modified form or be of no effect, as the case
may be ; so however, that any such modification or

annulment shall be ' without prejudice to the validity
of anything previously done under that rule.

SCHEDULE '

_[See section 4 (I »_

MNlwrERS TO BE PROVID ED IN THE SCHEME
1. The constitution of a Board of Trustees with four nominees of
,}rlVernment of whom one shall be the Chairman (ii) five representatives
of th e emplovres of whom at least one each shall be from Aided Colleges,


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SecondarySchools and Elementary Schools, (iii) one person having special
knowledge in Banking, investment, etc., to be nominated by Govern ment. _o_
### 2: The appointment of officers and servants of the Board and their

service conditions. .: 0

3. The manner in which account shall be kept, the preparation of
budget, audit .of accounts and the submission of report to the State Govern- ·
ment, .

4. The conditions under which withdrawals from the Fund may be per-
mitted or any deduction may be made.

5. The manner of investment of the whole or any portion of the Fund
in Government Securities or otherwise by the Board of Trustees and con-

sideration of varions retirement and other benefits to the subscribers with
the previous approval of the State Government.

6. The form in which the employer shall furnish the accounts and
various other returns to be furnished by him.

7. The Registers and records relating to the Scheme to he maintained
by the employer.

8. Any other matter which may be necessar y or pr oper for tl.~ purpose

.of implementation .of the Scneme,

...." .

**AGP (Leg)** N'o.l6/69-4,OOo-24.6.6Q.


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