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

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ASSAM ACT XV OF 1969
[Received the assent of the Governor on the 8th May 1969 )
THE ASSA\1 NON-GOVERNMENT SCH O O L AND COLLEGE
EMPLOYEES CENTRALISED PROVIDENT FUND
SCHEME ACT, 1969
(Publi shed in th e A ssam Gazette, Extraord inary , dated th e 16th M ay 1969)
An
Act
to rnake provisio n 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 r eamble. WHEREAS iti s expedi ent t o m ake provision for the
creation of a Centr alised Provid ent Fun d and framin g
of a Scheme thereof for th e e mployees of the N on­
Governm ent Schoo ls and Colleges in A ssam ;
ANDWHEREAS it is furth er expedi ent to a dmin ister
and con trol th e said fund by a Board of T ru stees to
safeguard the intere st of the sub scriber s by proper
investment of deposit s and to ex tend addit ion al retir e­
ment and other benefits to th e su bscribers in gradual
stages: I,
It is hereb y enacted in the Twentieth Ye ar of th e
Republic of India as fo1io ws :-
Short title,
extent and
commence­
ment.
1~ (1) This ACt may be ca!led the Assam Non­
Government School and College Employees
Central ised Prov ident Fund Schem e Act ,
1969.
(2) It extends to the State of As sam .
(3) It shall come into forc e on such dat e or
'da tes as the State Government m ay, by
notification in the official Gazett e, appoint
and different date s may be app ointed for
different categories of Schools and Coll eges
and different provi sions of the Act .
;'efinitions. 2. In th is Act, unle ss t here i s anyth ing re p ugna nt
in the subject or contex t :-
(a) "Act " means the Assam Non-Go vernm ent
School and College Empl oyees Centrali sed Pro.
vident Fund Schem e Act , 1969 ;
2.
(b) "Board of Trustees" means the Board , of
Tru stees to be constituted by the State Govern­
ment as per scheme framed under section 4(1) -
for administration of the fund ;, •
(c) "Cen tralis ed Provident Fund" means the fund
established 'u nder section 3 of this Act ;
(d ) "Employ er" means and includes :-
(i) S ~cret a fY of the 9~)Vernirg.l!.o~y in, case of
employees of Aided Colleges;
(ii) Secretary of Managing Committee in case of
empl oyees of Aided Secondary Schools and
.Elemen tary Schools not under the control
of "the Elementary Edu'cation Board " or.'
Distri ct Council s'; , ~ . ' "~I .' , .' ~
(iii ) Secretary , Stat e Board of Elementary
Educa tion in r espect of the employees of
his 'own office and Assistan t Secretary of the
Sta te Boards in ' resp ect of the EI ~nientaiY
School Teachers, m-nisterial' and 'other 'staff
in the respective edhcat: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 'sta ff in Aided
Secondary School s and 'Aide'd" College's';" U
(ii) El ementary School teachers and Ministerial
staff . and other whole-time ' e mpl o ye ~
under the State Board "of Elementary !
Education;
( f) "~xisting Fund ~' means accumulation in
individual Postal Savin gs ' Bank or in any 'other Bank
account of the contributions of the employers and
employees in respect of the Contributory ProvidentFund' .. . ' I " ,, ' , •
s,
r
(g) "Existing Contribution " means the deduc­
tion from .the s ~hlfie s of an e~ploye<1~' for, deposit to
the Contributor y Pro vident Fund an~ , the amount
payable by the ew,pl(jyer) l}- _re~pect ,~f e~,ch employ~e
to ' the said . fund under the Rules and at the rate 1Dforce; oJ - .. v~.. ·.n -, 1 . .. . ,T.' _ • •
(h) "Non-Gov ernment Schools and Oolleges"
mean s"a nd iiiclu des :..:- .
(i) Elementary School s maintained with Go-
, verrimerit grant-in-aid sanctioned through
th e 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) High er Secondary and Multipurpose
Schools , High Schools, High Madrassas,
Midd le Eng lish Schools, Middl e Madrassas
as are in receipt of maint enance grant
und er deficit sys tem sanctioned by die
Government unde r the Rules in force;
(iii) Coll eges as a re in re ceipt of m aintenance
grant und er th e deficit system s ancti oned by
th e Go vernment under the Rule s in force .;
(i) " Schem e" means the Assam N on- Government
School and College Empl oyees Centr alised Provident
Fund Schem e, 1969 framed under section 4 (1)
of thi s Act ; an d
(j ) "Subs crib er" means an emp loyee who has
been admitted . to and eligible for the benefit , of
Contribut ory Provident Fund under; the provisions
of the Rul es in for ce.
c r d 3. ( 1) The S ta te Govern men t may, by notification
;r~~kJ ~~t in the official G azette , c onstitute afund to be called )the
Fund. Assam Non-Government School a nd C ollege EmployeGs
Centr alised P roviden t Fund wherein shall be
credited ;-
(i) Existin g fund o f the subscribers ;
(ii) Contributions of the empl oyers and emplo­
yees after th e cons titution of the fund ;
(iii) G rant- in-aid , i f any, by the St ate Govern-
ment. . '.
(2) The State G overn ment sh all, by notification
in the official Gazette , furth er direct the period within
which the employe rs shall credit to the Centralised Pro­
vident Fund the existing funds 0'£ the subscribers.
I
.Centralised 4. (1) The . State Oover nm ent may, by notifica-
Provid ent tiqn. ip. the .~fti Ci a l Gazette , frame a scheme to be called
Fund "The Assam Non-Government School and College
Scheme. Employees C entralis ed Provident Fund Scheme" to be
admini stered by a " Board of Tru stees" to be constituted
by"'tr.e Governme nt und er theSch eme, . . "
(2) A Scheme fra me d under the provisions of sub.
section (I ) may provid e for all Or any of the matters
specified in the S chedul e.
Date of .5. A Sch eme fram ed unde r this Act may provide
operation of that any of its provis ions shall corne into force with
the S chem e. effect from such date as may be specified in this behalf
in th~ Schem e ~ ~d different date s maybe appointed
for different prOVISIOnsof the Scheme . .
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 c on- dan ce w ith the provision s of the Scheme and main­
trib utlon, 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 c alled for by the Board of Trustees.
Inspectors. 8. (I) The State Government may, by.notification
in t he 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
dic tion.
(2) Every Inspector sh':L11 be deemed to be a ' Act XLV
Public Servant within the meaning of section 21 of the of 1860
Indian Penal Code, 1860.
(3) An I nspector may in respect of any School
or College wit hin his jurisdiction:-
(a) require an employer or subscriber to furnish
information as he may consider necessary for the
pur pose 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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Pena lties. 9. Whoever for the purposes of this Act or under
th e Schem e framed u nder the Act fail to make the
requir ed contribution within the prescribed time limit
or make s a fa lse stat ement or does not furnish the
required informat ion shall be punishabl e by- _
(i) d irect recovery from t he , Grant-in-aid or
othe r e xisting fund of the School/College
by the Board of Tru stees with interest
and/ or .such o ther c ompensati on as may be
decid ed by the Board of Trust ees ;
(ii) stop page of Gran t-in-aid of the Schoolj
Co llege;
(iii) impo sition of compen sati on not e xceeding
25 per cent of th e amou nt du e, as may be
decided, by the Board of Truste es, provi­
ded t hat the em ployer sha ll be given an
opportun ity fo r hi s defence within 30 days
from the date of issue of the notice,
provided further tha t if in the opinion of
th e Bo ard of Trust ees, a ny contribution
is delay ed for reason s bey ond the control
of the emplo yer, he shall not be punish­
abl e u nder the pro vision of thi s Act.
Pew er to 10_. (1) The State Governm ent may for the pur­
rnak e Rules. pose of carrying out the provisions of this Act, make
rul es subject to p rev ious publication in the official
Gazette .
(2) Every rule made under this section shall be
laid, as soon as m ay be, after it is made, before the
Assam Legislati ve A ssemb ly while it is in session for
a tot al period of fourteen days wh ich 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 l aid or the sessions i mmediat ely following
the Assa m Legisla tive Assembly, agr ee in · making
any modifica tion in t he rule or the Assam Legis­
lative Assembly agree that the rule should not be
made, the rul e sh all thereafter. ha ve effe ct only in
such m odified f orm or be of no effect, as the case
may be ; s o h owever, that any such modification or
annulm ent shall be ' wit hout preju dice to the validity
of anything previously done und er 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 th e Chairman (ii) five representatives
of th e emplov res of whom at least one each shall be from Aided Colleges,
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SecondarySchool s 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 thei r
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 Securitie s or otherwise by the Board of Trustees and con­
siderat ion 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 rela ting to the Scheme to he maintained
by the employer .
8. Any othe r matt er 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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