The ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT, 2017
Registered No.-768/97

# THE ASSAM GAZETTE

##### ~~q

###### EXTRAORDINARY

 eli~<fS~~~~~

 PUBLISHED BY THE AUTHORITY

'1~ 138 ~~, }Oj5fif\<H~, 11 \Qi!c1, 2017, 21 D~ , 1 9 3 9~ )

No. 138 Dispur, Tuesday, 11 thApril, 2017, 21st Chaitra, 1939 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT ::LEGISLATIVE BRANCH

NOTIFICATION

. The 11 th April, 2017

No. LGL. 6812017/6.- The following Act of the Assam Legislative Assembly

which received the assent of the Governor on 6th April, 2017 is hereby published for

general information.

ASSAM ACT NO. XXV OF 2017

(Received the assent of the Governor on 6th April, 2017)

###### THE ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT, 2017


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962 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

###### AN

ACT

to provincialise the services of the teachers of the Venture Educational Institutions and

also to re-organise and streamline the Educational Institutions up to degree level in the

State of Assam.

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

the Venture Educational Institutions and also to re-organise and streamline

the Educational Institutions up to Degree Level in Assam so as to conform to

the prevailing statutory norms and standards with a further objective to

restrict any further growth of such Venture Educational Institutions in the

State of Assam;

It is hereby enacted in the Sixty-eighth Year of the Republic of India

as follows:-

Short title, 1. (1) This Act may be called The Assam Education
extent and

(Provincialisation of Services of Teachers and Re-Organisation

commencement.

of Educational Institutions) Act, 2017.

(2) It extends to the whole of Assam.

(3)

It shall come into force on such date as the State Government

may, by notification in the Official Gazette, appoint and

different dates may be appointed for different provisions of the

Act or for different category of educational institutions.

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

(a) "Assam Higher Secondary Education Council" or

Assam

"AHSEC" means the Assam Higher Secondary Education

Act No.

Council constituted under the provisions of the Assam Higher XVII of

1984

Secondary Education Act, 1984;

(b) "Block Elementary Education Officer" means the Block

Elementary Education Officer in the concerned Block;

(c) "Board of Secondary Education, Assam" or "SEBA" means Assam

Act No.

the Board of Secondary Education, Assam constituted under the

XXV of

provisions of the Assam Secondary Education Act, 1961; 1961

(d) "Base School" means either an existing provincialised or a

Venture Educational Institution identified for the purpose of

. provincialisation of services of teachers and/or tutors, as the


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case may be, within the radius of 1 km in case of Lower

Primary schools, within the radius of 3 kms in case of Upper

Primary schools, within the radius of 5 kms in case of High

Schools or High Madrassas and within the radius of 7 kms in

case of Higher Secondary schools or Junior Colleges and

which posses satisfactory norms and standards in relation to

enrollment of students, adequate infrastructure and having

DISE Code for the year 2009-2010 or before;

(e) "Deputy Inspector of Schools" means the Deputy Inspector

of Schools in the concerned Sub-division;

(f) "Director" means the Director of Elementary Education in

case of a Primary or a Upper Primary School; Director of

Secondary Education in case of a High School or High

Madrassa or a Higher Secondary School or a Junior College;

and Director of Higher Education in case of a Degree College;

Provided that in case of amalgamated High or Higher

Secondary Schools, where primary or upper primary education

is also imparted, the Director would mean the concerned

Director in respect of the teachers and matters concerning their

service conditions and emoluments but for the purpose of

administration and all other purposes the Director would mean

the Director of Secondary Education;

(g) "District Elementary Education Officer" means the District

Elementary Education Officer of the concerned district:

Provided that in case of newly created districts, the

concerned district shall mean the erstwhile district until the

District Elementary Education Officer for the newly created

district is appointed.

(h) "District Scrutiny Committee" means the District Scrutiny

Committee constituted under section 12 for each District to

recommend names of Venture Educational Institutions along

with the names of teachers and tutors whose services are

considered eligible for provincialisation under this Act;

(i) "DISE Code" means District Information System for

Education Code prepared by the Sarba Sikhsa Abhijan, Assam

and as available in the records of the National University of

Educational Planning and Administration, New Delhi;

U) "employee" means and includes all serving teachers and

tutors as the case may be, of Venture Educational Institutions

who have been appointed and joined in the concerned Venture

Educational Institution before the 1~1 day of January, 2011 and


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###### 964 THE ASSA.l\1 GAZETTE, EXTRAORDINARY; APRlL 11,2017

whose services are being or would be provincialised under this

Act;

(k) "Governing Body" means the Governing Body of a College

or a Junior College approved by the appropriate authority as

notified by the State Government, for carrying out the

management of the College or the Junior College, as the case

may be;

(1) "Inspector of Schools" means the Inspector of Schools in the

concerned district and unless the context otherwise requires, it

includes an Assistant Inspector of Schools of the same district:

Provided that in case of newly created districts, the

concerned district shall mean the erstwhile district, until the

Inspector of Schools of the newly created district is appointed;

(m) "Managing Committee" means the Managing Committee Central

Act No.

constituted under the provisions of the Right of Children to

35 of

Free and Compulsory Education Act, 2009 or the rules made 2009

thereunder in the case of a Primary or Upper Primary School

and in case of High School, High Madrassa and Higher

Secondary School, the Managing Committee approved by the

appropriate authority as notified by the State Government for

carrying out the management of the concerned educational

institution;

(n) "Mixed Medium School" means a Primary School (both

Upper Primary and Lower Primary) and a High School as

defined in section 2(za), 2(zb) and 2(x) respectively situated in

the same campus imparting education in more than one medium

like Assamese, Bodo etc;

(0) "newly created district" means district created by the State

Government by Notification in the Official Gazette all or after

01.01.2013;

(P) "provincialisation" means taking over the liabilities for

payment of salaries including dearness allowance, medical

allowances and such other allowances to the teachers and/or

tutors, as admissible to the Government servant of similar

category ·and gratuity, pension, leave encashment etc. as

admissible, under the existing rules to the Government servants

serving under the Government of Assam;

(q) "Provincialised School" or 'Provincialised College" means

an existing provincialised school or college or a Venture

Educational Institution wherein the services of teachers and

tutors are provincialised under this Act;


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 965

(r) "State Government" means the State Government of Assam

in the concerned Education Department i.e. Elementary

Education Department in case of Primary and Upper-Primary

Schools; Secondary Education Department in case of

Secondary, Higher Secondary Schools and Junior Colleges;

Higher Education Department in case of Degree Colleges;

(s) "State Level Scrutiny Committee" means the State Level

Scrutiny Committee constituted under section 12 (10) to cause

physical verification of the institutions as recommended by the

District Scrutiny Committee for final recommendation in the

matter of provincialisation;

(t) "teacher" means Teachers, Assistant Teachers, Classical

: Teachers and also includes Lecturers, Assistant Professors,

Associate Professors, Professors, Principal, Vice-Principal,

Demonstrator, Headmaster, Assistant Headmaster,

Superintendent, Assistant Superintendent and any person of the

teaching faculty working in the Venture Educational Institution

Central

having required educational and professional qualification as Act No.

###### 35 of

per norms and standards fixed by the Right of Children to Free

2009;

and Compulsory Education Act, 2009, National Council for Central

Aet No.

Teachers Education Act, 1993, University Grants Commission

73 of

Act, 1956 and the relevant rules and regulations framed 1993;

Central

thereunder and any other Act as the case may be, as applicable

Act No.3

on the day of provincialisation and whose services are of 1956

provincialised under this Act in the post of teacher or in any

other post in the teaching faculty but, not as tutor under this

Act;

(u) "tutor" means and includes Teachers, Assistant Teachers,

Classical Teachers and also includes Lecturers, Assistant

Professors, Associate Professors, Professors, Principal, Vice-

Principal, Demonstrator, Headmaster, Assistant Headmaster,

Superintendent, Assistant Superintendent in a provincialised

educational institution under this Act who are not eligible for

provincialisation of their services and whose services cannot be

Central

provincialised in the post of Teacher under this Act due to lack AetNo.

###### 35 of

of his/her educational and professional qualifications required

2009;

as per the Right of Children to Free and Compulsory Education Central

Act No.

Act, 2009, National Council for Teachers Education Act, 1993,

73 of

University Grants Commission Act, 1956 and the relevant rules 1993,

Central

and regulations framed thereunder and any other Act, as the

Act No.3

case may be, as applicable on the date of provincialisation, of1956


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966 THE ASSAM GAZETTE, EXTRAORDINARY, APRlL 11 ,2017

however, his/her service is provincialised as tutor with separate

tenus and conditions of service, to be notified by the competent

Administrative Department:

Provided that a tutor shall not be eligible to hold the post of

Professors, Principal, Vice-Principal, Headmaster, Assistant

Headmaster, Superintendent, Assistant Superintendent, as the

case may be, in an educational institution provincialised under

this Act;

(v) "University" means the Universities which have got the

status of an affiliating University under .the relevant Acts

constituting such Universities;

(w) ."Venture Degree College" means a Degree College

imparting education beyond Higher Secondary stage

established by the people of the locality prior to 1.1.2006 and

which has also received affiliation up to the highest class from

the concerned University and concurrence from the State

Government on or before 1.1.2006 and whereof the services of

teachers have not been provincialised under any Act enacted by

the State legislature so far;

(x) "Venture High School" means High _School imparting_

education up to class X and established by the people of the

locality prior to 1.1.2006 which has received permission from

the State Government and recognition from the Board of

Secondary Education, Assam on or before 1.1.2006 and

whereof the services of the teachers have not been

provincialised under any Act enacted by the State legislature so

far;

(y) "Venture Higher Secondary School" means a Higher

Secondary School imparting education up to Class XII and

established by the people of the locality prior to 1.1.2006 which

has received permission from the State Government on or

before 01.01.2006 and whereof the services of teachers have

not been provincialised under any Act earlier enacted by the

State legislature so far;

(z) "Venture Junior College" means a Venture Junior College

established by the people of the locality prior to 1.1.2006 which

has received concurrence from the Government and permission

from the Assam Higher Secondary Education Council on or

before 01.01.06 and whereof the services of teachers have not

been provincialised under any Act earlier enacted by the State

legislature so far;


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967

(za) "Venture ME School" including "Venture ME Madrassa"

means an Upper-Primary School imparting education from

class VI up to class VIn and established by the people of the

locality prior to 1.1.2006 which has received recognition from

the competent authority on or before 01.01.2006 and captured

in the DISE Code up to 2009-10 and whereof the services of the

teachers have not been provincialised under any Act enacted by

the State legislature so far:

Provided that the DISE Code shall have to be issued on

or before 2009-10 and DISE Code issued thereafter shall not be

considered for the purpose of provincialisation of services of

any employee of the institution;

(zb) "Venture Lower Primary School" or "Venture LP School"

means a School imparting education up to Class V and

established by the people of the locality prior to 1.1.2006 whose

name figure in the DISE Code up to 2009-10 and prior to that

and whereof the services of the teachers have not been

provincialised under any Act enacted by the State legislature so

far:

Provided that the DISE Code shall have to be issued on or

before 2009-10 and DISE Code issued thereafter shall not be

considered for the purpose of provincialisation of services of

any employee of the institution;

(zc) "Venture Upper Primary School" means a School

imparting education from class VI up to class VIII and

established by the people of the locality prior to 1.1.2006 which .

has received recognition from the competent authority on or

before 01.01.2006 and captured in the DISE Code up to 2009-

10 and whereof the services of the teachers have not been

provincialised under any Act enacted by the State legislature so

far;

(zd) "Venture Educational Institutions" means and includes

Venture Degree College, Venture Higher Secondary School,

Venture Junior College, Venture High School, Venture High

Madrassa, Venture ME School, Venture ME Madrassa, Venture

Upper Primary School and Venture Lower Primary School

situated within the State of Assam excluding the areas covered

under the Sixth Schedule of the Constitution of India unless a

separate Notification for inclusion of the Venture Educational

Institution in such areas is issued and published by the

Government in the Official Gazette :


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Provided that the educational institutions which are running

professional courses and private institutions run with the fees

received from the students shall not come within the purview of

the definition of Venture, Educational Institution under this

clause.

Eligibility 3. (1) Subject to the provisions of Article 30 of the Constitution of

criteria for India, the following categories of Venture Educational

selection of Institutions shall be eligible for being considered for

educational provincialisation of the services of their teachers and tutors:-

institution for (i) The Venture Educational Institutions which have been

provincialisation established and had obtained the required permission,

of services of recognition, affiliation, concurrence, as the case may be,

teachersl tutors. up to the last and highest class required for the concerned

institution from the respective competent Authority or

Authorities on or before 1.1.2006:

Provided that the order for such permission,

recognition, affiliation, concurrence etc. shall have to be

issued on or before 01.01.2006 and any order issued

thereafter with any retrospective effect, shall not be

considered for the purpose of provincialisation of services

of any teacher and tutor, as the case may be, of the

institution;

(ii) The land, building and other infrastructure of such Venture

Educational Institutions in case of Venture Primary and

Upper Primary Schools shall be as far as practicable at par Central

Act No .

with the provisions under the Right of Children to Free and

35 of

Compulsory Education Act, 2009 and Rules framed there 2009;

under; Venture Educational Institutions in the case of

Venture Secondary and Higher Secondary Schools and

Junior Colleges shall be as far as practicable at par with the

Assam

provisions under Assam Non-Government Educational Act No-

IV of

Institutions (Regulation and Management) Act., 2006 and

2007

Rules framed thereunder, and in case of Degree Colleges,

same shall be as per norms set by University Grants

Commission.

(iii) The concerned Venture Educational Institution must have

land in the name of the Institution with clear and exclusive

title and possession over the land before 01.01.2006 and no

lease or rent or donor agreement executed at any point of

time, shall not be considered in any manner for this purpose:


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Provided that in case of institutions situated in Forest

area, Forest Possession Certificate from the competent

Forest Authority certifying that the institution has been in

possession of Forest Land prior to 01.01.2006 and in case

of institutions situated in Tea Gardens, certificate from Tea

Garden Authority certifying that the institution has been in

possession of Tea Garden Land prior to 01.01.2006, shall

have to produced by the concerned educational institution

before the District Scrutiny Committee constituted under

section 13.

(iv) Venture Educational Institutions has a mnumum total

.enrolment of 30 students if it is a Venture Primary or

Upper Primary School as on the date of coming into force

###### of this Act;

(v) The Venture Educational Institutions has a minimum total

enrolment of 25 students in class-X, if it is a Venture High

School; 25 students in Class-Xll if it is a Venture Higher

Secondary School or a Venture Junior College; 30 students

in the Final year of Three Year Degree Course. if it is a

Venture Degree College, as on the date of coming into

force of this Act;

(vi) In case of a Venture High School or a Venture Higher

Secondary School or a Venture Junior College or a

Venture Degree College, the concerned Venture

Educational Institution must have a consistent good

academic performance which would mean that at least

30% of the candidates appearing for the final examination

as a whole must have passed in the last three consecutive

examinations held during previous three consecutive years

prior to the date of coming into force of this Act.

(vii) In addition to the provision under clause (v) above, at

least 10 students must have appeared in the last final

examination in any subject in case of Venture High

School, Venture High Madrassa, or Venture Higher

Secondary School or Venture Junior College. At least 15

students in any subject must have appeared in case of

Venture Degree College in the last final examination.

(viii) In case of Venture ME School, there must be one

Science teacher or tutor to teach Science and Mathematics

subject. In case of Venture High School, there must be one


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teacher or tutor to each core subject i.e. Mathematics,

Science, English, MIL and Social Studies;

(ix) There shall be additional post in the same ' subject in

Venture Higher School, High Madrassa, Venture Higher

Secondary School" Venture Junior College and Venture

Degree College,if the minimum students appearing in the

last final examination of the highest class for that subject

exceeds eighty in each class for the second post and

exceeds 150 in each class for the third post;

(x) Two numbers of teachers and lor tutors of the Venture LP

School shall be provincialised under this Act and their

services shall be merged with the Base School identified in

respect of the area wherein the said venture school was

Central

situated. After so merger in the Base School, the minimum Act No.

35 of

number of teacher as specified in the schedule of the Right

2009

of Children to Free and Compulsory Education Act, 2009

shall be followed. The deficit in number of post of teacher

In-the.Base School'sball-be filled up:in.aecordanee with ,the

.'"                                 - nomls.' ,and.,;~~'Of,~ Ttb:e)~a1d: Act:,:amh.£oUoWing ·the

provisiori,oti"reie:vanti.ACt,and,Rules in force for filling up

###### of vacant post.

(xi) In case of Venture Upper Primary School there shall be

minimum three teachers or tutors at least one teacher each

for (a) Science and Mathematics (b) Social Studies and (c)

Languages:

Provided that for additional posts it shall be considered

in accordance with the norms and standard stipulated in the Central

Act No.

Schedule under sections 19 and 25 of the Right of Children

35 of

to Free and Compulsory Education Act, 2009. 2009

(xii) The enrolment shall be verified with the data as per DISE

Code 2009-10 or before as available in the records of the

National University of Educational Planning and

Administration, New Delhi. There shall be physical

verification of students and checking of records of

attendance of students of last three years.

(xiii) In case of mixed medium school for provincialisation of

teacher and _lor tutor each medium of instruction of such_

school shall be treated as a separate school except for the

post of Head of the institution who shall be the Head of the

Institution in respect of both the schools.


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THEASSAM GAZETTE, EXTRAORDlNARY; APRlL 11 ,2017 971

(2) In case of a Venture Degree College and a Venture Higher

Secondary School or a Venture Junior College the eligibility

criteria specified in sub-section (l) above regarding date of

recognition, affiliation or concurrence, minirnum enrolment and

performance would mean in respect of each of the subjects with

or without 'Major' as the case may be, and the services of the

teachers appointed or engaged in connection with such subject

or subjects shall be considered for provineialisation under the

provisions of this Act, only if the specified eligibility criteria as Central

AetNo.3

per University Grants Commission Act, 1956, National Council

of 1956;

for Teachers Education Act, 1993 and relevant rules and Central

Act No.

regulations framed thereunder, as the case may be, as

73 of

applicable on the date of provincialisation, are satisfied and 1993,

having sufficient enrolment in the concerned School or

Colleges including in the concerned subject.

(3) The concerned Venture Educational Institution must have the

required infrastructure as specified by the concerned University

to which the College is affiliated in case of Venture Degree

Colleges; and as specified in the Schedule of the Right of

Children to Free and Compulsory Education Act, 2009 as far as Central

Act No.

practicable and having DISE Code for the year 2009-2010 or

35 of

prior to that in case of Venture Primary or Upper Primary 2009

School and in case of all other Educational Institutions, the

concerned institution must have the required infrastructure as

Assam

specified in section 10 of the Assam Non-Government

Act No.

Educational Institutions (Regulation and Management) Act, IV of

2007

2006 as far as practicable.

(4) Subject to the provisions of the Statutes, Ordinances and

Regulations made by the concerned affiliating University, in

case of a Venture Degree College; subject to the provisions of Central

Act No.

the Right of Children to Free and Compulsory Education Act,

35 of

2009, in case of a Venture Primary or Venture Upper Primary 2009

School ; and, in case of all other institutions, subject to the

provtsions of the Assam Non-Government Educational Assam

Act No.

Institutions (Regulation and Management) Act, 2006, if an

IV of

educational institution which does not fulfill the eligibility 2007

criteria as stated herein above on the date of coming into force

of this Act, such institution, shall not be eligible to be


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972 THEASSAM GAZETTE, EXTRAORDINARY; APRIL 11,2017

considered for provincialisation of the services of its teachers,

but, may be allowed to run as a Private Institution or a Non-

Government Educational Institution as before subject to

fulfillment of other statutory norms in force.

(5) If any Venture Educational Institution established and

administered under Article 30 of the Constitution of India

prefers to corne under the ambit of this Act and if the services

of teachers of such institutions are provincialised under this

Act, such institutions shall not remain under the ambit of the

provisions of Article 30 of the Constitution of India with effect

from the date of such provincialisation.

(6) (a) The Government of Assam shall identify Base School for

the purpose of provincialisation of services of teachers of the

Venture Educational Institutions so as to fulfill the norms and

standards required for providing educational institutions within

a specified area as follows:-

(i) at least one Lower Primary School within a radius of 1

KIn;

(ii) at least one Upper Primary School within a radius of 3

Krns;

(iii) at least one High School or High Madrassa within a radius

of5 Kms; and

(iv) at least one Higher Secondary School or Junior College

within a radius of 7 Kms.

(b) If any Provincialised School already exists within the

aforesaid radius, the existing Provincialised School shall be

identified as the Base School at the exclusion of a Venture

Educational Institution within the said radius:

Provided that in case of two or more existing provincialised

Educational Institutions within the radius of the area as

specified in clause (a), the District Scrutiny Committee shall

identify only .one of such educational institutions as the Base

School, considering the existing infrastructure and other

amenities and facilities available in such educational institution.

(7) All the Teachers including Tutors and the students of an

Educational Institution provincialised under this Act shall be

merged with the Base School, to fulfill and maintain norms and

standard of Educational Institution including Pupil Teacher


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THEASSAMGAZETTE, EXTRAORDINARY; APRIL11,2017 973

Ratio (PTR) and all other Statutory requirements for the

purpose to re-organise in education sector in all levels. The

Base School can be an existing provincialised School or it may

be a Venture Educational Institution eligible for

provincialisation under this Act having adequate infrastructure:

Provided that the existing provincialised School shall be

preferred over a Venture Educational Institution for

identification as a Base School.

(8) Educational institution which are running professional courses

and private institution run with the fees realised from the

students shall not be considered for provincialisation of services

###### of the teachers under this Act.

(9) Save and except an institution covered under Article 30 of the

Constitution of India which is already getting financial

assistance or grants-in-aid from the Government, no other

Private or Non-Government 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.

(10) If any eligible Venture Educational Institution intends to remain

outside the purview of provincialisation of services of their

teachers and/ or tutors under this Act, such institution shall give

their option in writing expressing their intention to remain

outside the purview of this Act, before the District Scrutiny

Committee within one year from the date of coming in to force

###### of this Act.

Teachers and/ or 4. (1) Subject to fulfillment of all other provisions of this Act, the

tutors to be services of the teachers and/or tutors of all Venture Educational

government Institutions eligible under section 3 shall be deemed to have

servants. been provincialised on the date of publication of the

provincialisation order by Notification in the Official Gazette

and they shall become employees of the State Government with

effect from such date.

(2) The teachers and/or tutors to be provincialised under this Act,-

(i) must have been working as a teacher in the concerned

Venture Educational Institution that have been fully

recognized up to the last and highest class required for

such Institution by the competent authority on or before

01.01.2006;


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(ii) must have minimum educational and professional

qualifications as laid down under different Acts, Rules and

Regulations as mentioned under section 6 or any other

relevant statutory provisions, as the case may be;

(iii) must have rendered at least six years continuous service as

on 1.1.2017 from the date of joining in the concerned

Venture Educational Institution which must be on

.31.12.20 I 0 or prior to that date.

(iv) in case of teachers and/or tutors of the Schools for special

subject like Sanskrit, Arabic, Hindi, Craft Teacher, Music

Teacher and other Classical Teachers, the number of

students appeared in the concerned final examination like

HSLC and HS (10 + 2) conducted by the SEBA or the

ASHEC, as the case may be, shall not be less than 10

students in each class per year during last three years.

Land, building 5. (1) With effect from the date of provincialisation of the services of

etc to vest with the teachers and/or tutors of the Venture Educational

the Government. Institutions under this Act, the land, building and other assets of

the concerned educational institution shall vest with the

Government.

(2) In case of merger/or amalgamation of one educational

institution with other educational institution, the land, building

and other assets vacated by any such merged educational

institution shall be used by the Government for other suitable

purpose whatsoever.

Educational and 6. (1) The services of teachers in a Venture Educational Institution

Professional from the Primary level up to the Degree Level, shall be

qualification of considered for provincialisation in the post of teachers or

teachers. relevant teaching faculty in appropriate nomenclature, as the

case may be, subject to fulfillment of the eligibility criteria

relating to educational and professional qualifications as laid

Central

down under the following Acts, Rules and Regulations ;- Act No.

35 of

(a) The Right of Children to Free and Compulsory Education

2009;

Act, 2009 and its Rules;
Central
(b) The National Council for Teachers Education Act, 1993 Act No.

and its Regulations in force at the time of 73 of
, iali . f . 1993;
prOVIDCl isanon 0 services.

(c) The Assam Secondary Education (Provincialised)

Service Rules, 2003, as amended in 2012;


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(d) The University Grants Commission Act, 1956 and Central

U nrversity[·] . Grants Comrmssion., Regu anonslati on M'mimum . ofAct NO.3 1956

Qualifications for Appointment of Teachers and other

Academic Staff in Universities and Colleges and

Measures for the Maintenance of Standards in Higher

Education, 2010, framed thereunder, as the case may be.

(2) The services of a teaching employee in a Venture Educational

Institution shall be considered for provincialisation as teacher

only if they have the requisite academic and professional

qualifications prescribed under the relevant Acts, Rules or

Regulations as mentioned in sub-section C1) of this section .

. which are applicable for the time being in force , otherwise their

services shall be provincialized as tutor.

(3) In case of teachers for special subjects like Sanskrit, Arabic,

Hindi, Craft Teacher, Music Teacher, and any other Classical

Teachers, the qualification should be as per the qualification

prescribed by the relevant statutory Rules of the State

Government in force,

Educational and 7. (1) The tutor must acquire the prescribed educational and

Professional professional qualifications within a period of five years from

qualification of the date of publication of the order of provincialisation of

tutor. services of the teachers and or tutors of the concerned Venture

Educational Institutions in the Official Gazette and after

acquirement of required qualification, they shall be upgraded to

the post of teacher in appropriate cadre.

(2) If such tutor fail to acquire such prescribed qualifications

within a period of five years from the date of publication of the

order of provincialisation in the Official Gazette, their cases

shall not be considered for up-gradation to the post of teacher

after the lapse of a period of five years from the date of

publication of provincialisation order in the Official Gazette

and they shall continue to function as tutor as per same terms

and conditions which were applicable to them before

provincialisation of the concerned Venture Educational

Institution.

Terms and 8. (1) Subject to the prOVISIOns of this Act and the Rules made

conditions of hereunder all rules including service rules and rules of conduct

service. and discipline which are applicable to State Government


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servant of corresponding ranks, shall be applicable to all

teachers of educational institution whose services have been or

to be provincialised under the provisions of this Act.

(2) The teachers whose services have been provincialised under

this Act shall get full scale of pay and such emoluments as

salary and allowances as per norms of the State Government

applicable to the employees of the corresponding rank with

effect from the date of provincialisation of their services, as if

they are fresh appointees and they cannot claim any benefit

whatsoever in respect of past services rendered by them before

provincialisation and in respect of pension, they shall be

. governed by the New Pension Scheme applicable to the State

Government teachers of the corresponding rank.

(3) For the tutors whose services are provincialised as tutors under

this Act, their scope of work and other condition of service

shall be notified by the concerned administrative department

separately. The emoluments for tutor shall be paid at the rate as

specified in the Schedule appended to this Act subject to the

condition that the enhanced emoluments after 2(two) years as

per schedule shall be admissible in respect of a tutor on

submission of a satisfactory performance report by the head of

the concerned educational institution to the Drawing and

Disbursing Officer after completion of 2(two) years service

from the date of provincialisation. In the event of subsequent

acquirement of educational and professional qualification by

such tutors within 5 years from the date of provincialisation of

the services of teachers in the concerned Venture Educational

Institution, they shall be eligible for upgrading their posts as

teachers. In the event of failure in acquiring required

qualification within five years from the date of provincialisation

of the Venture Educational Institutions, he shall continue as a

tutor only under the terms and conditions of service including

their salary and allowances as may be notified by the

Government under sub-section(4) of this section.

(4) The scope of work and other terms and conditions of service of

the tutors shall be notified by the respective administrative

departments separately.

(5) The teachers, who have completed sixty years of age as on the

date of coming into force of 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 for services already rendered

by them in such educational institutions before the date of

provincialisation.

(6) The teachers and tutors provincialised under this Act shall hold

personal posts to ' be created for provincialisation of their

services. These posts shall be outside the cadre which shall

stand abolished on cessation of services by the concerned

teacher or tutor. .as the case may be, due to retirement, death,

resignation or any other reason whatsoever.

Management of 9. With effect from the date of publication of the notification

the educational under sub-section (1) of section 4, . the administration,

institution where management and control of all provincialised educational

services of institutions coming within the purview of this Act shall vest in

teachers are the State Government.

provincialised .

Managing 10. The constitution, composition, powers, functions and duties of

committee in the Managing Committee in respect of the Primary and Upper

respect of Primary Schools shall be governed by the provisions of the Central

Act No.

primary/upper Right of Children to Free and Compulsory Education Act, 2009

35 of

primary schools. and the rules made thereunder. 2009

Managing II. (1) The State Government or an officer authorized by the State

committee Government not below the rank of a District Elementary

/governing body Education Officer in case of Elementary Schools or the

in respect of Inspector of schools of the District in case of High School,

other High Madrassa, Higher Secondary School by order passed in

educational that behalf shall constitute a Managing Committee in respect of

institutions. High School, High Madrassa or Higher Secondary School and a

Governing Body in respect of a Junior College.

(2) The State Government or an Officer authorized by the State

Government not below the rank of the Director of Higher

Education, in case of Degree College, shall constitute a

Governing Body in respect of a Degree College.

(3) The Governing Body and the Managing Committee, as the case

may be, of such institutions shall exercise such powers and

shall perform such functions as specified in the relevant Acts

and rules prescribed thereunder.

(4) The State Government or the officer so authorized by the State

Government may, re-constitute the Managing Committee or the

Governing Body, as the case may be, as may be required under

the relevant statutory provision.


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(5) The composition of the Managing Committee or Governing

Body, as the case may be, shall be such as provided in the

relevant Act, rules or orders etc. in respect of the concerned

Educational Institution.

(6) Subject to overall control and supervision of the Director, all

teachers and/tutors whose services are or would be

provincialised under this Act, shall be accountable and remain

subject to the control of the Managing Committee or the

Governing Body, as the case may be.

(7) All teachers, whose services have been provincialised under

this Act, .shall render their services under the control and

supervision of the Head of the Institution and if so required

their services may be utilized in the lower classes also, for

smooth running of the concerned Educational Institution.

Amalgamation! 12. (1) In appropriate cases, if there is already an existing educational

merger and institution nearby, and the enrolment of the students do not

shifting or justify for more than one institution in the same locality, or

expansion of there are other sufficient reasons so to do, the State

educational Government, in the public interest and for reasons to be

institution. recorded in writing may, order for transfer or shifting of the

institution and the incumbents of the institution from one place

to another, or may order amalgamation or merger of two or

more existing institutions as per Siksha Khetra Scheme.

(2) In appropriate cases, if the State Government is of the view that

an existing educational institution needs be expanded so as to

have more classes, the State Government may, by order, make

expansion of an existing educational institution from Primary to

Upper-Primary and from Upper-Primary to Secondary and

Secondary to Higher Secondary or reverse the said educational

institutions to a lower level in the case of lose or absence of

such necessity of more classes in any such Educational

Institution.

(3) All incumbents whose services have been provincialised under

the provisions of this Act and who are working in one of the

schools in respect of which an order under sub-sections (1) and

(2) above has been passed, shall be liable to be transferred and

posted in any other provincialised institution in the same rank

and grade.

(4) All teachers working in a higher grade in an institution in

respect of which an order under sub-section (2) has been passed

may be required to teach in the lower classes also.


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
979

District Scrutiny 13. (1) There shall be District Scrutiny Committees in each district

Committee and separately for Elementary, Secondary and for Higher Education

State Level to scrutinize service records and other related issues of the

Scrutiny serving teachers of Venture Educational Institutions pertaining

Committee. to provincialisation of their services.

(2) The Deputy Commissioner of the District, by an order, shall

constitute the District Scrutiny Committee for the respective

district under preceding sub-section:

Provided that in case of newly created districts, the

Deputy Commissioner of the erstwhile district with the help of

Deputy commissioner of the newly created district shall

scrutinize all cases of entire erstwhile district.

(3) The District Scrutiny Committee for Higher Education shall be

constituted with the following members, namely:-

(i) The Deputy Commissioner or his nominee not below the

rank of Additional Deputy Commissioner of the

concerned district -v-Chairman;

(ii) The Inspector of Schools of the concerned district-------

Member-Secretary;

(iii) One nominee of the Deputy Commissioner of newly

created district if the institution falls within the

jurisdiction of the newly created district; .

Member;

(iv) One Principal of College situated within the district to

be nominated by the Inspector of Schools-c--Member;

(v) One retired Principal of College of the concerned district

to be nominated by the Inspector of Schools ---Member;

(vi) One eminent person in the field of education who is an

ordinary resident of the concerned district to be

nominated by the Deputy Commissioner-Member.

(4) The District Scrutiny Committee for Secondary Education shall

be constituted with the following members, namely»

(i) The Deputy Commissioner or his nominee not below the

rank of Additional Deputy Commissioner of the

concerned district ---Chairman;

(ii) The Inspector of Schools of the concerned district-------

Member-Secretary;

(iii) One nominee of the Deputy Conunissioner of newly

created district if the institution falls within the


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980 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017

jurisdiction of newly created district; Member;

(iv) One Principal of Junior College situated within the

district to be nominated by the Inspector of Schools---

Member;

(v) One Principal of Provincialised Higher Secondary

School situated in the district to be nominated by the

Inspector of Schools ---Member;

(vi) One Headmaster of Provincialised High School/High

Madrassa situated within the district to be nominated by

the Inspector of Schools - Member;

(vii) One eminent person in the field of education who is an

ordinary resident of the District to be nominated by the

Deputy Commissioner-Member;

(viii) One retired Principal/Headmaster of an Educational

Institution situated within the district to be nominated

by the Inspector of Schools-v-Member.

(5) The District Scrutiny Committee for Elementary Education

shall be constituted with the following members, namely:-

(i) The Deputy Commissioner or his nominee not below the

rank of Additional Deputy Commissioner of the

concerned district ---Chairman;

(ii) The District Elementary Education Officer of the

concerned district-s-Member-Secretary;

(iii) One representative of the Deputy Commissioner of the

newly created district if the institution falls within the

jurisdiction of newly created district------Member;

(iv) The Deputy Inspectors of Schools of all Sub-divisions

within the concerned district----Members;

(v) The Block Elementary Education Officer of all Blocks

within the concerned district-- ---Members;

(vi) One eminent person in the field of education who is an

ordinary resident within the district to be nominated by

the Deputy Commissioner-----Member.

(6) The District Scrutiny Committee shall first scrutinize and

prepare a list of all Venture Educational Institutions within the

district, which are eligible in tenus of the provisions of this Act

and shall thereafter proceed to scrutinize and verify the service

records of all the serving teachers, who are eligible or would

become eligible for being considered for provincialisation of


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 981

their services. The District Committee shall identify a Base

School for each category of school and recommend the name of

teacher! tutor to be associated against each Base School.

(7) The District Scrutiny Committee shall forward the verified list

of eligible teachers Base school-wise in accordance with this

Act, to the concerned Director who shall place the matter

before the State Level Scrutiny Committee to be constituted

under sub-section (10) of this section and 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 teachers eligible for getting their

services provincialised.

(8) The District Scrutiny Committee shall have the powers to

inspect physical existence of school and 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.

(9) The State Government may, for reasons to be recorded in

writing, by an order re-constitute the District Scrutiny

Committee or may change in its composition, if the

circumstances so warrant, from time to time.

(10) There shall be one State Level Scrutiny Committee at State

level for verification of recommendation received from the

District Scrutiny Committees with the following member,

namely i-

(i) Director of the concerned Department of Education-

.......... Chairman.

(ii) Joint Director/Deputy Director of the concerned

Directorate- Member Secretary.

(iii) One representative nominated by the concerned

Administrative Department- Member.

(11) The State Level Scrutiny Committee shall have to cause

physical verification of all institution and will also inspect all

documents and records produced before it and call for such

other records and documents as may be required for the purpose

of causing verification.


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982 THE ASSAM GAZETTE, EXTRAORDINARY, APRlL 11, 2017

(12) When there arises difference in between the recommendation of

the District Scrutiny Committee and the Physical verification

report caused by the State Level Scrutiny Committee, the

matter shall be placed before the State Level Scrutiny

Committee and the decision of the State Level Scrutiny

Committee shall be final.

**Explanation:- for the purposes of this section the Deputy**

Commissioner in relation to Districts included in the areas

covered under the Sixth Schedule of the Constitution of India

shall mean the Principal Secretary of the respective council.

Appellate 14. The State Level Scrutiny Committee shall be the appellate

authority. authority against any recommendation of the District Scrutiny

Committee and the State Government in the concerned

administrative department shall be the Appellate Authority

against any recommendation of the State Level Scrutiny

Committee.

Educational 15. (1) The services of teachers of the Venture Educational Institutions

institution not which have been established on or after 1-1-2006, shall not be

provincialised to provincialised and no such educational institution shall be

function as allowed to remain functional unless it has obtained,-

private I non- (i) affiliation from the affiliating University, if it is a Degree

government College; .

institutions. (ii) permission under the provisions of the Assam Non-

Assam

Government Educational Institutions (Regulation and AetNo.

###### rv er

Management) Act, 2006, in case of all other educational

2007

institutions; and

Central

(iii) certificate of recognition from the authority notified under

Act No .

the provisions of section 18 of the Right of Children to 35 of

2009

Free and Compulsory Education Act, 2009.

(2) All such Venture Educational Institutions which have obtained

the required affiliation, permission or recognition, as the case

may be, shall be allowed to function as purely Private or Non-

Government Educational Institution.

Offences and 16. (l) Whoever provides misleading, incorrect or false information to

Penalties. and suppresses material information from or abets the providing

or suppression of such information to the District Scrutiny

Committee or to any other authority under this Act shall

commit an offence under this Act which shall be punishable

with imprisonment for a term which may extend to two years.


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THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 ,2017 983

Offences to be 17. Offences committed under this Act shall be cognizable and Central

cognizable and non-bailable under the provisions of the Code of Criminal ~;1 ~~. [2]

non-bailable. Procedure, 1973.

Trial of cases 18. (1) Offences under section 17 shall be triable by a Judicial Central

                                      - f h . . d" d th C d f Act No.2
M agistrate 0 t e competent juns iction un er e 0 e 0 of 1974

Criminal Procedure, 1973.

(2) Cases under this section shall be tried summarily under the

Code of Criminal Procedure, 1973.

Suit and 19. (1) No suit, prosecution or other legal proceeding shall lie for

proceedings. anything in good faith done under this Act, except with the

previous sanction of the State Government.

(2) To adjudicate disputes for redressal of grievances relating to the

teaching staff of the Non-Government Educational Institution

as well as disputes concerning disciplinary action, genuineness

of establishment of school and claim for provincialisation in

respect of teaching staff of Venture Educational Institution,

there shall be an Educational Tribunal for each district within

their respective Territorial Jurisdiction. The District and

Sessions Judges and the Additional District and Sessions

Judges of each District are designated as Educational Tribunal.

Power of 20. (1) If any difficulty arises in interpretation of any provisions of this

interpretation Act, the interpretation of the State Government shall be final.

and removal of (2) If any difficulty arises in giving effect to the provisions of this

difficulties. Act, the State Government may, by order do anything not

inconsistent with the provisions of this Act and the rules framed

thereunder, which appear to be necessary or expedient for the

purpose of removing the difficulty.

Creation of 21. (1) For the purpose of provincialisation of services of the teachers

personal post and tutors under this Act, the Government shall create and

and maintenance sanction such number of ex-cadre posts which shall be personal

of reservation to the incumbents. These personal posts shall stand abolished

policy. on cessation of the services of the teachers for any reason

whatsoever including retirement, resignation, death etc. Since

these are personal as well as ex-cadre posts, the present cadre

strength of the concerned service shall not be impacted in any

way due to creation of these posts.


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(2) The Administrative Department may retain the posts of any

Educational Institution provincialised under 'this Act, after

cessation of the services of the teachers which may be deemed

to be necessary to run the institution.

(3) The posts so retained as per sub-section (2), shall be en-cadred

in appropriate cadre and shall continue as permanent posts.

(4) While making retention of posts under sub-section (2) and in

creating additional posts as may be required under this Act, the

prescribed percentage of reservation for Scheduled Castes and

Scheduled Tribes and other reserved categories, as applicable

under the relevant Acts and rules, shall be maintained.

Creation of fund 22. The State Government shall create a special pool of fund to

facilitate implementation of the provisions of this Act in

consultation with the Finance Department of the Government of

Assam in due course of time.

Power to make 23. (1) The State Government may, by notification published in the

rules. Official Gazette, make rules for carrying out the provisions of

this Act.

(2) Without prejudice to the generality of the foregoing provisions,

such rules may provide for all or any of the following matters,

namely:-

(i) prescribing service conditions and specifying the duties

and responsibilities of all teachers whose services have

been provincialised under this Act;

(ii) preparation and maintenance of service records of the

teachers whose services have been provincialised;

(iii) for management of the educational institutions;

(iv) specifying the powers, duties and responsibilities of the

Managing Committee or Governing Body of the

educational institutions;

(v) prescribing the scope of work, emoluments and

remuneration, and other terms and condition of service of

tutors provincialised under this Act.

(3) All rules made by the State Goverrunent under this Act shall, as

soon as may be after they are made, be laid before the Assam

Legislative Assembly while it is in session, for a total period of

not less than fourteen days which may be comprised in one


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|Category of Institution|Category ofpost held by the employee in the institution prior to provincialisation|Fixed salary for 1st to 2nd year. (in Rs)|Fixed sal~ for 3rd to s' year. (in Rs)|
|---|---|---|---|
|Degree College|Principal|36000|40000|
||Assistant Professor|27000|30000|
|Junior College|Principal|20700|23000|
||Lecturer|16200|18000|
||Demonstrator|14400|16000|
|Higher Secondary School|Subject Teacher|16200|18000|
||Demonstrator|14400|16000|


THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 985

session or 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 Legislative Assembly 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.

Repeal and 24. The Assam Venture Educational Institutions (Provincialisation Assam

Act No.

savings. of Services) Act, 2011 as amended vide the Assam Venture

XVII of

Educational Institutions (Provincialisation of Services) 2011 ;

Assam

(Amendment) Act, 2012 and the Assam Venture Educational

Act No.

Institutions (Provincialisation of Services) (Amendment) Act, XXI of

2012;

2013, which have been struck down by the Hon'ble Gauhati

Assam

High Court vide order dated 23.09.2016 in WP(C) No. Act No.

###### xx of

3190/2012, and all rules, orders, notifications issued

2013

thereunder, shall stand repealed, however, all the teachers

whose services were provincialised prior to 23.9.2016, shall

continue and their cases shall be reviewed as per the eligibility

norms set forth for provincialisation under this Act.

###### Schedule

 [See section 8(3)]

Fixed salary admissible to a Tutor

Fixed salary Fixed sal~
Category of post held by the employee

Category of for 1st to 2[nd] for 3[rd] to s'

in the institution prior to year. year.
Institution

(in Rs) (in Rs)
provincialisation

Principal 36000 40000
Degree College
Assistant Professor 27000 30000

Principal 20700 23000

Lecturer 16200 18000
Junior College

Demonstrator 14400 16000

Higher Secondary Subject Teacher 16200 18000
School
Demonstrator 14400 16000


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|High School! High Madrassa|Headmaster/Superintendent|16200|18000|
|---|---|---|---|
||Asstt. Headmaster/ Asstt. Superintendent|14400|16000|
||Graduate Teacher (BAIB.Com/B.Sc)|12600|14000|
||Sr. Hindi Teacher|12600|14000|
||Music Teacher/ Classical Teacher|12600|14000|
||Craft Teacher|9900|11000|
|Upper Primary School (ME SchoollME Madrassa)|Headmaster|12150|13500|
||Assistant Teacher|10800|12000|
||Graduate (Science & Mathematics) Teacher|11700|13000|
||Hindi Teacher /Arabic Teacher /Language Teacher|10800|12000|
|Primary School (L.P School)|Assistant Teacher|10800|12000|


986

Headmaster/Superintendent 16200 18000

Asstt. Headmaster/
###### 14400 16000
Asstt. Superintendent

High School!
Graduate Teacher (BAIB.Com/B.Sc) 12600 14000
High Madrassa

Sr. Hindi Teacher 12600 14000

Music Teacher/ Classical Teacher 12600 14000

Craft Teacher 9900 11000

Headmaster 12150 13500

Upper Primary Assistant Teacher 10800 12000
School (ME
SchoollME Graduate (Science & Mathematics) 11700 13000
Madrassa) Teacher
Hindi Teacher /Arabic Teacher
###### 10800 12000
/Language Teacher
Primary School
Assistant Teacher 10800 12000
_(L.P School)_

S. M. BUZAR BARUAH,
Commissioner & Secretary to the Govt, ofAssam,

Legislative Department, Dispur, Guwahati-6.

Guwahati ;- Printed and Published by the Dy. Director (P & S), Directorate of Printing and Stationery, Assam , Guwahati-2 1.

Extra Gazette No.275 - 200 + 10 - 11 - 04 - 20 17.


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