LexThe Assam Secondary Education (Provincialisation) Act, 1977
Assam · state statute
Open in Lexace · Ask the AI about this actRegistered No. A-12
The Assam Gazette
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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 for general informaion.
....
,, 902 THE ASSAM GAZETTE, EXTRA ORDINAR Y, DEC. 12, 1977
ASSAM ACT No. XIX OF 1977
(Rece ived the a ssent of the Gove r nor on 10th D ecember 1977)
THE ASS AM SECONDARY EDUCA TION
(P ROVINCIALISATION ) ACT , .., 1977.
An
Act
to pro vide for t he provincialisation of Sec ondary Educa
tion covered by the Deficit Sc heme of the Government
of Ass am.
Pre ambk .. Wher eas it is expedient to provin cialise secondary
Education covered by the Defici t Scheme of the
Gover nment of Assam foy its improv ement and
for better control and m anagem ent of such educa
tion in the State of Assam ;
Short title,
extent and
com mence•
ment.
It is hereby enacted in the Twenty- eighth
year of the Repu blic of India as foll ows:-
1. (1) This Act may be called the Assam Secon
dary Educat ion (Provincia lisation) Act, 1977.
(2) It shall extend to the whole of the State
of Assam except the autonomou s distri cts :
Provided that t he State G overnmen t may, in
consultation with the District Cou ncil of any auto
nomous district extend this Act to that autono
.mous district by a notification publishe d in the
Assam Gazette.
(3) It shall come into for ce on the first day
of October, 1977.
D efinitions . 2. In this Act unless there is anyt hin g repug-
nant i n t he subject or context;
(i) "appointed day " in Telat ion to any area
means the day on which this Act corne a
into force in +hat area;
-~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 rece1v mg
grants from the State Government under
the Deficit Scheme of Grants-in-aid ;
(iv) "Director" means the Directo r of Public
Instruction, Assam, or when sp2cifically
appointed by the State Governm ent. the
Additional Director of Public Instructi on,
Assam;
(v), "employee" means a person in the employ
ment of a school working against a regu
larly sanctioned post and whos e appoint
ment has been approved by the Sch ool
authority wherever such approva l 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 relati on to any
secondary school, the Inspector of Schools
under whose jurisdiction the · school i~
situ ated;
(viii) "Managing Committee" in relation to any
school means the Managing Committee
approved by the State Governm ent and
functi oning on the appointed day ;
(ix) "Prescri bed" means prescri bed by rul es
made under this Act ;
904 THE ASSAM GAZETTE EXTRAOR DINARY, DEC. 12 1977 --·--- -- -- ' - -- ___ __s;;-_
(x) "secondary education" means education
imparted upto Class XII in different types
of schools including Middle English
Schools, Middle Madrass as, 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 followi ng terms and condi
tions;
(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 employ ee shall get as
emoluments any amount which is less than the
amount he was getting immed iately 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.
L
\..- ".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 "c nsi ) 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
inte r est therein made towards the Provident
Fund of the existing employee concerned before
such superannuation shall be paid back to and
recove r 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 .
906 THE ASSAM GAZETTE.) EXTRAORDIN~~Y, DEC. 12, _gt7
Functi~nof 5 (1 ) The administration management and M anaging , · '
Comm ittees. con trol of ail emp loyee s of all secondary schools
com ing within the purview of this Act shall vest
in the S tate Government from the appointed day.
( ~) Th e Managing Corrimttiees of such secon
daTy t::chocls shall exercise such functions as may
be specified by the State Governme nt or under
the rules m ade under this / _ct until such Com
mitte es arc either reconstitu ted or replaced under
the rules prescribed .
Suiu a~d 6 No suit pro secution or other legal proce-Pro ceedmgs. · •
Power to
make rules.
eding shall lie for anything in good faith done
under thi s 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 pro vjncialisation
of service s of empl oyees of other schools not
falling within the purvi ew of this Act.
8. (1) The State Government may, by
n otifi cation 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 Governm ent
may make rules to pro vide for all or any of the
following matters , namel y :-
(i) fixation of the powers, duties and
Tesponsibilities of all employees of the
secondary scho ols ;
(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 .
907 THE ASSAM OAZBTTE, EX1RAORDIN ARY, DEC. 12, 1977
(3) Every yule mad e u nder this Section shall
be laid as soon as may be af ter it is made, before
the Assam Legislative Assem bly w hile it is in
session for a total period of fourt een days which
may b e c omprised in one session or in two suc
cessive ses sions and if, before the expi ry of the
session "in which it is so laid or the session im
mediat ely following, the Assam Legi slat ive
Assembly agree in makin g any modification in
the rule or the Assam Legisla t ive A ssembl y agree
that the rul e should not be made, the rule shall
therea fter h ave e ffect onl y in such m odified form
or be of n o effect as the case may be, so however,
that a ny such modification or annul men t shall be
with out pr ej udice to the validity of anything
previously don e l1nder tha t r ule .
. Power of . 9. {l) If any disput e arises · about the inter-
1nterpr etat1on t t " f • · f h ' A t th' and remov al p:i;e a 10n 0 any prov1s10n 0 L IS c .e
~r difficul· int erp retat ion of the State Gover nment shall be
ties. fin al. # ~" •. ~ l
R epeal and
savings.
(2) If any d ifficulty arises in giv ing effect to
the provis ions of this Act, the Gove rnor may by
or de r do anythin g not inconsistent with th e
provisions of this Act whi ch ap-z>ear to him to be
necessary or expedient for the purp ose of rem ov
ing that difficult y.
(3) Every order made und er the precedi ng
sub-section shall be laid before the Assam Legis
lative Ass embl y in the mann er laid down in sub
section (3) of Section 8 ~bove.
10. (1) The Assam Secondar y Education
(Pr ovincialisation ) Ord inance , 1977 (Ass am
Ordinance No. V of 1977) , is hereby :r:epealed.
(2) Notw ithstandin g such repea l, any oyde r
passed, any notification issued , anything _done or'
any a ction taken under the Ordinance so repeal
ed, shall be deemed tct have been passed , issued.
done or tak en und er the corr espon ding provi sions
of this Act.
V . TAHBILDAR,
Secretary to the Gov t. of Assam,
Law Department.
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GAUH ATJ- Print ed and publi shed by the Supdt .. i/c .. Assam Govt. Printin g P r es~
(EX-Gazette) No.327- 11700- 5,C00-12-12-1977,
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