The ASSAM CLASSICAL - INSTITUTIONS (SANSKRIT AND PALI-PRAKRIT) .(PROVINCIALISATION) ACT
.. Registered No. A·l~

##### The Assam Gazette

###### '!flTilfF{Cf
 EXTRAORDINARY

 PlJBLISHED BY AUTHORITY.

 - - -------- ---- ;i, 46 ~'!.... ~~~, 26 ~n5', 1996, 6 "''~ 1918 (llf<11)

N:}. 46 Dl~ i)ilt, Tuesday, e6th March, 1996, .. 6th Chaitra

                            - 1918 (S. B.)
## ---·-- -------

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

###### LEGISLATIVE, DEPARTME:'-.! T: LEGISLATIVE BRANCH '

NOTIFICATION

, . . .
###### The 26th March, 1996

                        - ~r No~ LGL. 192/95/61.:_The ·following Act of the Assam
###### Legislative Assembly wbici received t]f e assent of the

 · Governor is hereby publlshed for general information.


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###### . ASSAM -ACT NO 1v -0F 1996
(Received the Assent of the · Governor on 26th March- I 996)
###### THE ASSAM . . 0LASS ! CAL - INSTITUTIONS (SANSKRIT

       - AND PALI-PRAKRIT) .(PROVINGIALISA TION)

ACT; 1996

. _.: AN ._

. ACT
###### to provide for provinci~Jisation of ~ctvices ' of teaching
and non-teaching staff of Classical (Sanskrit and Pali-Prakrit
Institutions and th_c -Assam Sanskrit Board in the State of
Assam

Pieamb!e. WJ:lereas it is expedient to provide for provin-

###### - cialisation ~f services of teaching and non-teaching staff of Classfoial (Sanskrit and Pali-Prakrit) Ins-

,.

###### -titutions for its _improvement and for better management and control of such Education in the

 · State · of '.Assam.
 It is hereby enacted in the Forty-seventh

 · Year of the Republic 9f India as .follows :-

Short title. 1. (1) This Act m~y be.         - alled the

extent alilcd . ':A.ssam elassical _l_ Institutions (Sanskrit and Pali-
commen e       -       -

ment. Prakrit) (Provincialtsation) Act, 1996,

(2) It extends to the whole of Assam .

. (3) It .shall be deemed to have come into-force

###### ·on such cfate 6n 'which the Assam Classtcal
 -Institutions (Sanskrit . and Pali-Prakrit)

1 ,            - Provincialisation) Ordinance, 1995 came

###### · · · . into force. . "

          - Deffuiti; ns.          - 2. Tn _ihls_ Act, linless the 'Context dtlfor-

###### Wise requires : _ _
 (a) "appointed day" in relation to the provi- sions of -s~·ction 3 meaI)s the date on which the Assam Classical Institutions ($anskrit andi?ali-Prakrit) (Provincialisa- tion) Ordinance, _ 1995 came into ·
 force 'and . in 'telation to sec-
 tion 7' the date ·from . whicn
 the service of 'the employees of an eligible institution are provincialised under the

. ' provisions of this Act;

###### (b) "Chairma~' mea~s the Chairman o:ll the Board appointed by · the Government 0:£
 Assam in Education Department;


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THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26,.1991i, 293

''

_I_                                                                                                                            -                                                                                                                            -

###### (c) "Classical lnstitutiQD$' ~ :means .. the up-
 : . gradeq Sanskrit anq Pali-prfikrit. ·,Tols in

. ~ssam in~luding - Nalbad Sanskrit Col-
###### lege; · ,, · · -' -

11

(q) Employee ~ · means a person in the teach-

###### . ing · or non-te~cl)ing employment· in a 'Classical Institutio;n or Assam Sanskrit Board workihg . ag~inst ~a- regular
 sanctione.d I>PSf as p~:r standard staffing

P.att~rn and· whose appointm~nt has been

ap:P.r.o:v~d by th_.e . Deputy Director of
###### Sans!trit Edµcat~on, Assam ;

11

###### (e) existing emplq;ye~ '. ' m~ans an employee
 who is on the . a,ppointed dav in . the regu- lar pay roll, employed against regular sanction as per standard staffing pattern and wh9se appointment has been approv- ed by the Deputy Director. of Sanskrit EducaUon, Assam. ~

(f) "Goverruiig a-ody/Managing. Committee''
###### in relation to N albari Sanskrit College means the Governing Bodv and in rela-
 tion. to ot'1er Classical li;i.st~tutions · means

.the Managing Pommitiee              - s constituted by

the-:'Gc;werni:nerit:

(g) ''GOverrtincnt"means the Government of Assam ;
###### (h) ''Institution'' me11ns a Classical Institution or

' the . Ass~ril Sanskrit . Beard; ,               -

###### (i) ' 'Offici~f Q-~zette" means .the ·Official .Gaze.tte of the Government of Assam, ;namely · the Assam Gazette. ·
 (j) "Pr~scribed~! means pte,scrib~d by rules made
 unqet.) his . Act .; . . . ' .

(k} . "Pto~incialis~tiOn'~ . means ~king over the
###### liabilities for · payment of ~&hides including

dearnes~ allowat;J;_ce, ,medic~} relief and _such

other allowances               - s admissible to the Oovern-

meni~ervants Of_SiJtlilar .c.ri'!eg?ry and gratuity,

pen~i<?'n, le ~vc e~c~_shm~nt, etc., as admissible

###### under the existing rules to. the Government ser-

vJt.nts .. serY.ihg t\nder the Government of Assam ;

U) "Sansk.rjt Board ~~ .means the board constituted

###### by ft\l~ . GOvernIJ.lent of Ass~ in Education

Dcp~tm.~nt..... !f ... _,._ . ; .                       -


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294 TliE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26, --1996

(m) ''Secretary" means the Deputy Director of

                   - Sanskrit Education, Assam who shall be the
Ex-Officio Secretary to the · Sanskrit Board.·

Bmptoyees 3 Sµ bject to the provisions of Articles 30 and
to tho Gover-        - f
nment acr· 309 of the Constitution - o India, all employees

ants. of         - upgraded Sauskrit and Pali-Prakrit · Tols,
Nalbari Sanskrit College or Assam Sanskrit
Board cevered by deficit. scheme of grants-in-aid
under Gov~rnment of Assam shall·be deemed
###### to . have become thy employees of the Govern-
ment on and from the appointed day on the ,

           - following terms- and conditions, namely:-
(a) all rules including service ru1es and rules of con-

duct and discipline, which are aFplicable to the
Government servants of corresponding grade,

.similarly placed, shall be applicable to all

: employees of _ the ClassiCal Institutions and

Assam Sanskrit Board;
(b) all employees sh£11l be entitled to such emolu-

ments as salary and allowances, etc., as admissi-

ble to- th_em: - '

Provided th at, no employee shall g-tt as emc-

luments any amount which is less than the amount he
was lawfully getting immediately before the appointed
###### day; .

(c) services of all employees shall be encadred
1n appropriate cadres in accordance with the rules
as may be prescribed by ·the Government for this
purpose;

(d) the inter-se-seniority ofthe employees of a
cadre or class shall be determined on the basis of
the rules as may be pr~scribed by the Government.

Superannua- 4. (1) Notwithstanding anything contained in the
tion and pon-

sioµ, etc. ' proceedin1 section, all employees other than

Grade IV employees of Classical lnstitu-

tions or Assam Sanskrit Board coming
within the purview of this Act shall,
on attainin.g the age of 58 years, go on
superannuation, and · the Grade IV emplo-
yees shall g·o .on superannuation on
attaining the.'age of 60 years.


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THE ASSAM GA~ETTE. EXTRAORt/INARY. MAR.26, 1996! 295

_(2)_ All employees eligible to go on superannu-

###### ation under sub-section (1) shall be eligible to pension or gratuity or both inaccor- dance with the pension rules applicable to Government servants of equivalent rank subject, however, to the condition that for the pensionery penefits of the employees whose services are provincialised tinder the provisions of this Act~ the services of any such employees shn 11 be counted - .

(a) in case such employee has joined the Insti-

###### tution. subsequent to the date of this Insti- tution receiving the grant under ad-hoc system of grants- i n~aid, from the date of his
 joining the service · on regular appointment

in the Institution receiving grants under

###### · ad-hoc system of grants-in·aid ; or

~b) in case· such employee had joined the

###### instituti'm on regular '. appointment prior to the institution receiving grant under the ad-hoc system of grants-in-aid. from the date of this institution receiving grant under ad· hoc system of grants-in-aid.
(3) Any existing employee other than the

###### Grade IV employee who does not intend ~
 to go on superannuation on attaining the · age 9f 58 years shall have the option to continue the 'upto the completion of the age of 60 years under the same terms and conditions, which were applicable to him immediately before the date of provin- cialisation. ,
 S.uch existing employees other than a Gra~e IV employee who does not intend to go orr supera-
 nnuation on attaining the ag~ .58 -years but wants
 to continue till the completion of 60 years shall
 intimate the same in writing to the Deputy Director
 of Sanskrit Education, Assam· within a period - (a) Which shall be 3 months from the date
 of publication of the Assam classical · Institutions
 (Sanskrit and Pali-Prakrit) (Provincialisation) Ordina.
 nee, 1995 in the Official Gazette in case of any institu- tions whose · employees services are provincialised with effect from the date of · commencement of the Assam Classical IQ.stitutions (Sanskrit and Pali-Prakrit) (Prcvincialisation) Ordinance, 1995 under the provi-
 sions of section 3 ;

-;z                     - ;-,- -


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29.6_. THE; A,~SAM GAZET';l'E. E;~TRA.OEDI?jA~Y: MA~_: _t6,_ !~~~
###### - --- - -- -·- --- --,--·

(b) Which sh~ll be 3 mopths . from the date
of pr.ovincialisation in case of any iristitution who!'e
employees· servi~es are provincialised under the
provision of section 7 :

<      - Provided that in . the absence of any such inti-

mation in writing, every existiµg employee, other
than the Grade IV employees _shall be deemed to

~ave opted for going on super.apnuation on attain-

              - ng the age of 58 years. .              -

Goycrnment
to take over 5. (1) W~th effect from the app~jpted da)', ~he admi- .

institutions            - m stration management and control of all

and employ• .

ee3 thereof employees of all institutions, · the services

of ·whose employees are provincialised under

the provisions of section 3 or section 7,

as the case may he, shall vest in the Go-
vernment and the Managing Committee or
the Governing Body, as the case may be,
###### of such i:i;i.stitutions . shal) ~xercise such func- .

tions as may be specified hy the Govern-
ment or · under the rules made under this
Act, until · such Managing Commi-
ttee or . the Governing Body, as the case

                - may J>e, _is .ei_ther reqgn_stituted or replaced

qndcr the rul,es prescribed.
(2) The selecJion for recruitment · to any post

te~ ching or non-teaching in the Classical

Institution except the post _of Principal

and/or Pradhan Adhyapaka shall be made
by Selection -Board ·-Which shall be con-
stituted by the Presidt(nt of the Managing
Committee or the :GQver~ning Body as the

case may be, of the . Cla~sicti;l · Institution
as stated below .:-

(i) President of the Governing ·Body} :--Chairman

/ Managing Committee 9f . the.:.                        -

Classical Institution,
(ii) Ptincipal/Praqhan AQhyapak•- Member-

Secretary

(iii) Two a cademjc~ans to be selected- Members
by the GoverJJ.ing Bcdy/M an~ging

Committee.               -


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'
##### .

(iv) Two members to be selected by- Members

Governing Body /Managing Com-

. mittee from amongst the Gover-

ning Body/Managing Committee.

'(v) Oµe represcntativ.e to be nomi- - Member

# -

nated by the Deputy Director
###### of Sanskrit Education, Assam.
(3) The selection for appointment to the post o

Principal/Pradhan Adhyapaka shall be made
###### by State · Selection Board which shall be
constituted by the Government as stated

###### below: --

(i) Chairman, A~ sa m Sanskrit Board-Chairman

tii) Deputy Dire.ct or of Sanskrit- Mem her- ·

Education, Assam. Secretary

I (iii) ·one Scholar of Sanskrit to be - :Member .

nominated by the Deputy Director
###### of Sanskrit -Education, Assam.
(iv) One expert from secular subject - Members

to be nominated by the Deputy
Director of Sanskrit Education,
Assam.
(v). One Seniormost;Principal/Pradhan - Member
Adhyapaka to be nc,minated by ·

. the Deputy Director of Sanskrit
E<luca tion, Assam.
(vi) Two m~mbers from the]:Assam- Members

Sanskrit -Boafd.               - ,

'suits and 6. No suit, prosecution or other legal procee-

Procecdings. ding shall be filed for anything dcne in good faith
under this Act except with · the previous

           - anction of tlie Government.

Provincialisa- 7. The Gover nment. may, by notification in
tion .or ' newthe Official Gazette, · provincialise on the same .

~~~:~~ns. terms and conditions as provided in sections 3 and
4 of this A ct the services of the employees

.... of the Classical Institution which may be recognised
after tliis Act ha-; come into force.

'Power to 8. (1) The Government may;by notification in the

make rules official Gazette make rules for c.u rying out the
provisions of this Act.

              - (2) Every rules ·made . under this section
-. -
shall, as soon as may be after th@.Y

###### are made, be laid before the Assam


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Legislative Assembly, while if 'is jn

ses_sion, for a total period of not less
than. '"fo~rteen days which may be com-

prised in one se111ion or two or more
suecessive sessions, and before the exp-
iry of , the session in which it is so

laid or the session immediately .follow-
ing the Assam Legislative Assembly

agree -that the rules should not be.

madef the rules shall thereafter have
effect . only in. such modified form of

be of no effect, as the case may be;

so, however that any such modifica-

tion or annulment , sh all be without

prejudice to the validity of anything
previously done under that rules.

Power of 9. ( 1) If any difficulty arises in the interpreta-

~~i~~pra~d . tio~ of any provisions ,_ ofh thisb Act the interpre-

removal of tatlon of the Government s a . 11 e fina . 1

difficulty (2) If any difficulty arises in giving effect

to the provisions of this ACt.· the

Governor may by ord.er do anything

###### not inconsistant with the provisions
 of this Act which appear to him

to be necessary or expedient for the

purpose of removing the difficulty.

(3) Every order made under sub- section

(2) shall be laid before the Assam ·

Legislative Assemb1y in the manner laid

down in sub:-section (2) of section 8.
Vesting of d

1[a11d ] [build-] 10. The land, buil ings or f.lny other property

ngs anct owned by the Cla -.,sical Institutions whose employees,
oiher pr p           - . h .
perti es. services are provincta ised 1. as per t e provisions o

this Act shall continue to be owned by the

respective Institution after such provincialisation.

Repeal and 11. (1) The Assam Classical Institutions Ordinance

0
saving (Sanskrit and Pali-Prakrit) (Provincialisation) 1t99J r

Ordinance, 1996 is hereby repealed.            -

(2) No twithstanding such repeal anything done

or any action taken under the Ordinance

so repealed shall be deemed to have heen
do ne or taken under the correspon.ding

provisions of this Act.

M. K. DEKA,

i/c. Secy.

to the Govt. of Assam. Legislative Deptt.

GUWAHATI- Printed & Published by the Dy. Director (P.&S.), Directorate
ef Ptg. and Sty., Assam, GHY- 21 (Ex-Gazette) No. 91-740-409·27·3·1996·


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