The Assam Secondary Education (Provincialisation) Act, 1977
Registered No. A-12

### The Assam Gazette

\?51'11UltC1

EXTRAORDINARY

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.PUBLISHED BY AUTHORITY
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No. 164 Dispur, Monday, 12th December, l !l 77, 21st Agrahayana,

1899 (S. E.)

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GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LAW DEPARTMENT

NOTIFICATION

The 12th December 1977

.

No.LGL.124/7 7765.-The follcwinr Act of the Assam Legislative

A$semhly which recdved the assent of the Governor is hereby pub-
Jished fo r general informaion.


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ASSAM AC T No. XIX OF 1977

(Receiv ed the a ssent of the Gover nor on 10th D ecember 1977)

THE ASSAM SECONDARY EDUCATION

(PROVINCIALISATION) ACT, .., 1977.

An

Act

to _provide_ _for t he_ _provincialisation_ _of_ _Secon_ _dary_ _Educa-_
###### tion covered by the Deficit Scheme of the Government
 of Assam.

Pre ambk .. Wher eas it is expedient to provincialise secon dary

Education covered by the Deficit Scheme of the

Gover nment of Assam _foy_ its improvement and
for better control and m anagem ent of such educa-
tion in the State of Assam ;

###### It is hereby enacted in the Twenty-eighth

year of the Republic of India as follows:-

Short title, 1. (1) This Act may be called the Assam Secon-
extent and
com mence• dary Education (Provincialisation) Act, 1977.
men t.

(2) It shall extend to the whole of the State

of Assam except the autonomous districts :

Provided that the State Gover nment may, in

consultation with the District Council of any auto-

nomous district extend this Act to that autono-

.mous district by a notification published in the

Assam Gazette.

(3) It shall come into for ce on the first day

of October, 1977.

Definitions. 2. In this Act unless there is anything repug-

n ant in t he subject or context;

(i) "appointed day" in Telation to any area

means the day on which this A ct cornea
into force in +hat area;


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-~HE ASSAM GAZETTE. EXTRAORDINARY, DBC. 12, 1977 _9b3_

(ii) "date or appointment" means, in relation to

###### any employee, the date on which he joined the service of a school imparting Secon-
 dary Education on and from the date of

its comming under adhoc syst~m of grants
###### in aid;

(iii) "deficit school" means a school rece1vmg

###### grants from the State Government under
 the Deficit Scheme of Grants-in-aid ;

(iv) "Director" means the Director of Public

Instruction, Assam, or when sp2cifically

appointed by the State Government. the
Additional Director of Public Instruction,
###### Assam;

(v), "employee" means a person in the employ-

###### ment of a school working against a regu- larly sanctioned post and whose appoint-
 ment has been approved by the School
 authority wherever such approval was necessary;

(vi) "existing enployee" means an employee

who is, on the appe>inted day, in the regu-
###### lar pay roll. employee against regular

sanction and whose appointment has been
approved by the school authority;

(vii) "Inspector" means, in relation to any

secondary school, the Inspector of Schools
###### under whose jurisdiction the · school i~ situated;

(viii) "Managing Committee" in relation to any

school means the Managing Committee
approved by the State Government and

functioning on the appointed day ;

(ix) "Prescribed" means prescribed by rules

made under this Act ;


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904 THE ASSAM GAZETTE EXTRAORDINARY, DEC. 12 1977
###### -- ·----- -- ' --- ___ __s;;-_

(x) "secondary education" means education

###### imparted upto Class XII in different types
of schools including Middle English

Schools, Middle Madrassas, High Schools,
High 'IVIadrassas, and Higher Secondary "

Schools;

(xi) "secondary school" means a deficit school

###### where the secondary education is impart-
 ed; /

(xii) "school authority" means the "Director"

or "Inspector" whose approval is necessary
for the appointment or regularisation of
###### the appointment of an employee of a

secondary school.

:l111ployees 3. Subject to the provision of Article 30 of

Go~~rn~cnt the Constitution of India, on and from the

s~rvanti. appointed day all employees of all secondary

schools in the State of Assam shall be deemed
to have become employees of the State Govern-
###### ment of Assam with effect from the date of appointment on the following terms and condi-
 tions; L

'

(1) All rules including service rules and

rules of conduct and discipline which are ap-

plicable to Government servants of corresponding
ranks shall be applicable to all employees.

(2) All employees shall get such emoluments

as salary and allowances as may be prescribed :

Provided that no employee shall get as

emoluments any amount which is less than the
amount he was getting immediately before the
appointed day.

(3) Services of all the employees shall be

encadred in appropriate cadres in accordance

###### with the rules framed by the State Government

for this purpose.


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\..- ".rHE ASSAM GAZETTE, EX'rRADRDINARY, bEC. ___ ~~~ - ~977 ~05

( 4) The inter-se seniority of the employees ~£

a cadre or class shall be determined on the basis
of principles laid down in the rules framed under
this Act.

Su1mannuii- 4. (1) Notwithstanding anything in the

t10n and d. S t. 11 1 h
"cnsi )n, etc. prece mg ec 10n a emp oyees ot er than Grade
IV employees of a Secondary School coming

within the purview of this Act shall, on attaining
the age of 58 years, go on superannuation. Grade
IV employees shall go on superannuation on at-

taining the age of 60 yeB:rS.

(2) All employees going on superannuation
###### under the preceding sub-section shall be eligible
to pension or gratuity or both in accordance with

the Pension Rules applicable to the Government
###### Servants of equivalent rank. In such a case the ·
employer's contribution along with accumulated
inter est therein made towards the Provident

###### Fund of the existing employee concerned before
such superannuation shall be paid back to and

recover ed by the State Government of Assam.

(3) Any existing employee, other than the
Grade IV employees, who does not intend to go
on superannuation on attaining the age of 58
years shall have the option to continue upto the
completion of the age of 60 years under the same
###### terms and conditions which were applicable to
him before the appointed day in which case he
shall not be entitled to any pension or gratuity.

( 4) Any existing employee, other than Grade
IV employees, who does not intend to go on

superannuation on attaining the age of 58 years
###### but wants to continue till the completion of 6()
years shall give an option in writing to that
effect in the manner prescribed within a period
of three months from the appointed day. Any
existing employee who does not give such option
###### in writing within the date specified above shall
be deemed to have opted for going on superannua-
tion on attaining the age of 58 years.


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906 **THE** ASSAM GAZETTE.) EXTRAORDIN~~Y, DEC. 12, _gt7

Functi~nof 5 (1 ) The administration management and
M anaging ,       - '

C ommittees. control of a il employees of all secondary schools

coming within the purview of this Act shall vest
###### in the State Government from the appointed day.

( ~) The Managing Corrimttiees of such secon-

daTy t::chocls shall exercise such functions as may
be specified by the State Government or under
###### the rules m ade under this / _ct until such Com- mittees arc either reconstituted or replaced under the rules prescribed.

Suiu a~d 6 No suit prosecution or other legal proce-
Proceedmgs.       -       -

eding shall lie for anything in good faith done
###### under this Act except with the pTevious sanction
of the Sta1.2 Government.

7. The State Government may, by notifica-
tion published in the Official Gazette make such
###### rules as may be necessary for provjncialisation
of services of employees of other schools not
falling within the purview of this Act.

Power to 8. (1) The State Government may, by
make rules.

n otification published in the official gazette, make
###### rules for giving effect to the provisions of this
Act.
(2) Without pre:judice to the generality of

###### the foregoing provision, the State Government
 may make rules to provide for all or any of the
following matters, namely :-
(i) fixation of the powers, duties and

Tesponsibilities of all employees of the

secondary schools ;

(ii) the manner in which option shall **be**

exercised under the provisions of Sec-

tion 4;
(iii) the manner in which the contribution

made towards the provident fund of an
employee shall be paid back to and

recovered by the State Government;
(iv) preparation and maintenance of service

records of employees;

(v) for the management of the secondary
schools.


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(3) Every yule made u nder this Section shall
be laid as soon as may be af ter it is made, before
t he Assam Legislative Assembly w hile it is in
session for a total period of fourteen days which
###### may be comprised in one session or in two suc-
cessive sessions and if, before the expiry of the
session "in which it is so laid or the session im-

mediately following, the Assam Legislative
Assembly agree in making any modification in
###### the rule or the Assam Legislative 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 how ever,
###### that any such modification or annulment shall be
without prejudice to the validity of any thing

###### previously done l1nder that ru le .

. Power of . 9. {l) If any dispute arises             - about the inter-
1nterpretat1on t t " f            - · f h' A t th'
and removal p:i;e a 10n 0 any prov1s10n 0 L IS c .e

~r difficul· interpretation of the State G overnm ent shall be

ties. final. # ~" •. ~ l

(2) If any difficulty arises in giving effect to
###### the provisions of this Act, the Govern or may by
or der do anything not inconsistent with the

provisions of this Act which ap-z>ear to him to be
necessary or expedient for the purpose of remov-
ing that difficulty.

(3) Every order made under the preceding
sub-section shall be laid before the Assam Legis-
lative Assembly in the manner laid down in sub-
section (3) of Section 8 ~bove.

R epeal and 10. (1) The Assam Secondary Education
savings. (Pr ovincialisation) Ordinance, 1977 (Assam

Ordinance No. V of 1977), is hereby :r:epealed.

(2) Notwithstanding such repeal, any oyder
passed, any notification issued, anything _done or'
###### any action taken under the Ordinance so repeal-
ed, shall be deemed tct have been passed, issued.
done or taken under the correspon ding provisions
of this Act.

_V ._ TAHBILDAR,

Secretary to the Govt. of Assam,

Law Department.

###### - -'----------------GAUHATJ-Printed and published by the Supdt .. i/c - ·.. Assam --Govt. --Printin----g ·- -P r- es~

(EX-Gazette) No.327- 11[7][00-][5,][C]00-12-12-1977,


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