LexThe ASSAM CLASSICAL - INSTITUTIONS (SANSKRIT AND PALI-PRAKRIT) .(PROVINCIALISATION) ACT
Assam · state statute
Open in Lexace · Ask the AI about this act.. Registered No. A·l~
The Assam Gazette
'!flTilfF{Cf
EXTRAORDINARY
PlJBLISHED BY AUTHORITY .
- - ------- - ----;i, 46 ~'!.... ~~~, 26 ~n5', 1996, 6 "''~ 1918 (llf<11)
N:}. 46 Dl~ i )ilt, Tuesday, e6th March, 1996, .. 6th Chaitra
· 1918 (S. B.) ---·-- -------
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE, DEPARTME :'-.! T: LEGISLATIVE BRANCH '
NOTIFICATION
.
, . . The 26th March, 1996
- ~r No~ LGL. 192/95/61.:_The ·following Act of the Assam
Legislative Assembly wbici received t]f e assent of the
· Governor is hereby publlshed for general information.
,.
292 THE ASSAM GAZETTE. E~TRAORDINARY. MAR. 26, 1996
. ASSAM -ACT NO 1v -0F 1996
(Received the Assent of the · Governor on 26th March - I 996)
THE ASSAM . . 0LASS ! CAL - INSTITUTIONS (SANSKRIT
· AND PALI-PRAKRIT) .(PROVINGIALISA TION)
ACT; 1996
AN . .: .
. ACT
to provide for provinci~Jisation of ~ctvices ' of teaching
and non-teaching staff of Classical (Sanskrit and Pali-Prakrit
Institutions and th_c -Assam Sanskrit Board in the State of
Assam
Pieamb !e. WJ:lereas it is expedient to provide for provin-
- cialisation ~f services of teaching and non-teaching
staff of Classfoial (Sanskrit and Pali-Prakrit) Ins
-titutions for its _improvement and for better
management and control of such Education in the
· State · of '.Assam.
It is hereby enacted in the Forty-seventh
· Year of the Republic 9f India as .follows :-
Short title . 1. (1) This Act m~y be. ·called the
extent alilcd . ':A.ssam elassical l Institutions (Sanskrit and Pali-commen e - ·
ment. Prakrit) (Provincial tsation) Act, 1996,
(2) It extends to the whole of Assam .
. (3) It .shall be deemed to have come into -force
·on such cfate 6n 'which the Assam Classtcal
-Institutions (Sanskrit . and Pali-Prakrit)
1 , ·(Provincialisation) Ordinance, 1995 came
· · · . into force. . "
· Deffuiti; ns. · 2. Tn ihls Act, linless the 'Context dtlfor-
. '
Wise requires : _ _
(a) "appointed day" in relation to the provi
sions of -s~·ction 3 meaI)s the date on
which the Assam Classical Institutions
($anskrit andi?ali-Prakrit) (Provincialisa
tion) Ordinance, _ 1995 came into ·
force 'and . in 'telation to sec
tion 7' the date ·from . whicn
the service of 'the employees of an eligible
institution are provincialised under the
provisions of this Act;
(b) "Chairma~' mea~s the Chairman o:ll the
Board appointed by · the Government 0:£
Assam in Education Department;
/
• :<'·· ~· .
THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26,.1991i, 293
I • -
(c) "Classical lnstitutiQD$' ~ :means .. the up
: . gradeq Sanskrit anq Pali-prfikrit. ·, Tols in
. ~ssam in~luding - Nalbad Sanskrit Col-lege; · ,, · · - ' -
(q)
11
Employee~ · means a person in the teach-
. ing · or non-te~cl)ing employment · in a
'Classical Institutio;n or Assam Sanskrit
Board workihg . ag~inst ~a- regular
sanctione.d I>PSf as p~:r standard staffing
P.att~rn and · whose appointm~nt has been
ap:P.r.o:v~d by th_.e . Deputy Director of
Sans!trit Edµcat~on, Assam ;
(e)
11
existing emplq;ye~ '. ' m~ans an employee
who is on the . a,ppointed dav in . the regu
lar pay roll, employed against regular
sanction as per standard staffing pattern
and wh9se appointment has been approv
ed by the Deputy Director. of Sanskrit
EducaUon, Assam. ~
(f) "Goverruiig a-ody/Managing . Committee''
in relation to N albari Sanskrit College
means the Governing Bodv and in rela
tion. to ot'1er Classical li;i.st~t utions · means
.the Managing Pommitiee ·as constituted by
the -:'Gc;werni:nerit:
(g) ''GOverrtincnt"means the Government of Assam ;
(h) ''Institution'' me11ns a Classical Institution or
' the . Ass~ril Sanskrit . Beard; , ·
(i) ' 'Offici~f Q-~zette" means .the ·Official .Gaze.tte
of the Government of Assam, ;namely · the
Assam Gazette . ·
(j) "Pr~scribed~! means pte,scrib~d by rules made
unqet .) his . Act .; . . . ' .
(k} . "Pto~incialis~tiOn'~ . means ~king over the
liabilities for · payment of ~&hides including
dearnes~ allowat;J;_ce, , medic~} relief and _such
other allowances ·as admissible to the O overn
meni~ervants Of_SiJtlilar .c.ri'!eg?ry and gratuit y,
pen~i<?'n, le ~ vc e~c~_shm~nt, etc., as admissible
under the existing rules to. the Government ser
vJt.nts .. serY.ihg t\nder the Government of Assam ;
U) "Sansk.r jt Board ~~ .means the board constituted
by ft\l~ . GOvernIJ.lent of Ass~ in Education
Dcp~tm.~nt. ; . · ..... !f ... ,.
''
I
294 TliE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26, -- 1996
(m) ''Secretary" means the Deputy Director of
· Sanskrit Education, Assam who shall be the
Ex-Officio Secretary to the · Sanskrit Board. ·
Bmptoyees 3 Sµ bject to the provisions of Articles 30 and to tho Gover- • f nment acr· 309 of the Constitution - o India, all employees
ants. of · upgraded Sauskrit and Pali-Prakrit · Tols,
Nalbari Sanskrit College or Assam Sanskrit
Board cevered by deficit. scheme of grants-in-aid
under Gov~rnment of Assam shall·be deemed
to . have become thy employees of the Govern-
ment on and from the appointed day on the ,
- following terms - and conditions, namely:-
(a) all rules including service ru1es and rules of con
duct and discipline, which are aFplicable to the
Government servants of corresponding grade,
.similarly placed, shall be applicable to all
: employees of _ the ClassiCal Institutions and
Assam Sanskrit Board;
(b) all employees sh£11l be entitled to such emolu
ments as salary and allowances, etc., as admissi
ble to- th_em: - '
Provided th at, no employee shall g-tt as emc
luments any amount which is less than the amount he
was lawfully getting immediately before the appointed
day; .
(c) services of all employees shall be encadred
1n appropriate cadres in accordance with the rules
as may be prescribed by ·the Government for this
purpose;
(d) the inter-se-seniority ofthe employees of a
cadre or class shall be determined on the basis of
the rules as may be pr~scribed by the Government.
Superannua
tion and pon
sioµ, etc. '
4. (1) Notwithstanding anything contained in the
proceedin1 section, all employees other than
Grade IV employees of Classical lnstitu
tions or Assam Sanskrit Board coming
within the purview of this Act shall,
on attainin.g the age of 58 years, go on
superannuation, and · the Grade IV emplo
yees shall g·o .on superannuation on
attaining the.'age of 60 years.
/
THE ASSAM GA~ETTE. EXTRAORt/INARY. MAR.26, 1996! 295
-;z - ;-, - -
(2) All employees eligible to go on superannu
ation under sub-section (1) shall be eligible
to pension or gratuity or both inaccor
dance with the pension rules applicable to
Government servants of equivalent rank
subject, however, to the condition that for
the pensionery penefits of the employees
whose services are provincialised tinder the
provisions of this Act~ the services of any
such employees shn 11 be counted - .
(a) in case such employee has joined the Inst i
tution. subsequent to the date of this Insti
tution receiving the grant under ad-hoc
system of grants- i n~aid, from the date of his
joining the service · on regular appointment
in the Institu tion receiving grants under
· ad-hoc system of grants-in·aid ; or
~b) in case· such employee had joined the
instituti'm on regular '. appointment prior
to the institution receiving grant under
the ad-hoc system of grants-in-aid. from
the date of this institution receiving grant
under ad· hoc system of grants-in-aid.
(3) Any existing employee other than the
Grade IV employee who does not intend ~
to go on superannuation on attaining the ·
age 9f 58 years shall have the option to
continue the 'upto the completion of the
age of 60 years under the same terms and
conditions, which were applicable to him
immediately before the date of provin-
cialisation. ,
S.uch existing employees other than a Gra~e IV
employee who does not intend to go orr supera
nnuation on attaining the ag~ .58 -years but wants
to continue till the completion of 60 years shall
intimate the same in writing to the Deputy Director
of Sanskrit Education, Assam· within a period -
(a) Which shall be 3 months from the date
of publication of the Assam classical · Institutions
(Sanskrit and Pali-Prakrit) (Provincialisation) Ordina.
nee, 1995 in the Official Gazette in case of any institu
tions whose · employees services are provincialised
with effect from the date of · commencement of the
Assam Classical IQ.stitutions (Sanskrit and Pali-Prakrit)
(Prcvincialisation) Ord inance, 1995 under the provi
sions of section 3 ;
< •
29.6_. THE; A,~SAM GAZET';l'E. E;~TRA.OEDI?jA~Y: MA~_: t6, !~~~ - --- - -- -·- --- --,--·
(b) Which sh~ll be 3 mopths . from the date
of pr.ovincialisation in case of any iristitution who!'e
employees· servi~es are provincialised under the
provision of section 7 :
Provi ded that in . the absence of any such inti
mation in writin g, every existiµg employee, other
than the Grade IV employees _shall be deemed to
~ave opted for going on super.apnuation on attain-
·tng the age of 58 years. . -
Goycrnment
to take over
ins titutions
and employ• .
5. (1) W~th effect from the app~jpted da)', ~he admi- .
· mstra tion management and control of all
employees of all institutions, · the services
of ·whose employees are provincialised under
ee3 thereof
the provi sions of section 3 or section 7,
as the case may he, shall vest in the Go
vernment and the Managing Committee or
the Governing Body, as the case may be,
of such i:i;i.stitutions . shal) ~xercise such func- .
tions as may be specified hy the Govern
men t or · under the rule s made under this
Act, until · such Managing Commi
ttee or . the Governing Body, as the case
· may J>e, _is .ei_ther reqgn_stituted or replaced
qndcr the rul,es prescribed.
(2) The selecJion for recruitment · to any post
te~ ching or non-teaching in the Classical
Institution except the post _of Principal
and/or Pradhan Adhyapaka shall be made
by Selection -Board ·-Which shall be con
stituted by the Presidt(nt of the Managing
Committee or the : GQver~ning Body as the
case may be, of the . Cla~sicti;l · Institution
as stated below .:-
(i) President of the Governing ·Body} :--Chairman
/ Managing Committee 9f . the .:. ·
Classical Institution,
(ii) Ptincipal/Praqhan AQhyapak•-
(iii) Two a cademjc~ans to be selected
by the GoverJJ.ing Bcdy/M an~ging
Commit tee. ·
Member
Secretary
Members
THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26 1996, 291
' .
(iv) Two members to be selected by- Members
Governing Body /Managing Com-
. mittee from amongst the Gover-
ning Body/Managing Committee.
'(v) Oµe represcntativ.e to be nomi- - Member
nated by the Deputy Director
of Sanskrit Education, Assam.
(3) The selection for appointment to the post o
Principal/Pradhan Adhyapaka shall be made
by State · Selection Board which shall be
constituted by the Government as state d
below: --
(i) Chairman, A~ s a m Sanskrit Board-Chairman
tii) Deputy Dire.ct or of Sanskrit- Mem her- ·
Education, Assam. Secretary
I (iii) ·one Scholar of Sanskrit to be - :Member .
nominated by the Deputy Director
of Sanskrit -Education, Assam.
(iv) One expert from secular subject - Members
to be nominated by the Deputy
Director of Sanskrit Education,
Assam.
(v). One Seniormost ;Principal/Pradh an - Member
Adhyapaka to be nc,minated by ·
. the Deputy Director of Sanskrit
E<luca tion, Assam.
(vi) Two m~mbers from the ]:Assam- Members
Sanskrit -Boafd. - ,
'suits and 6. No suit, prosecution or other legal proce e
Procecdings. ding shall be filed for anything dcne in good faith
under this Act except with · the previous
·sancti on of tlie Government.
Provincialisa- 7. The Gover nment . may, by notifi cation in
tion .or ' newthe Official Gazette, · provincialise on the same .
~~~:~~ns. terms and conditions as provided in sections 3 and
4 of this A ct the services of the employees
.... of the Classical Institution which may be recognised
after tliis Act ha-; come into force.
'Power to 8. (1) The Government may;by notification in the
make rules official Gazette make rules for c.u rying out the
provisions of this Act.
-. - · (2) Every rules ·made . under this section
shall, as soon as may be after [email protected]
are made, be laid before the Assam
-
298 THE ASSAM GAZETT E. EXTRAORDINARY. MAR. 26, 1996
Legislative Assembly, while if 'is jn
ses_sion, for a total period of not less
than. '" fo~rteen days which may be com
prised in one se111ion or two or more
suecessive sessions, and before the exp
iry of , the session in which it is so
laid or the session immediately .follow
ing the Assam Legislative Assembly
agree -that the rules should not be.
madef the rules shall thereafter have
effect . only in. such modified form of
be of no effect , as the case may be;
so, however that any such modifica
tion or annu lment , sh all be without
prejudi ce t o the validity of anything
previ ously done under that rules.
Power of 9. ( 1) If any difficulty arises in the interpreta
~~i~~pra~d . tio~ of any provisions ,_ ofh t
1
h
1
isb Act t
1
he interpre
removal of tatlon of the Govern ment s a . e fina .
difficulty (2) If any difficulty arises in giving effect
to the provisions of this ACt.· the
Govern or may by ord.er do anything
not incons istant with the provisions
of this A ct which appear to him
to be necessary or expedient for the
purpose of removing the difficulty.
(3) Every order made under sub- section
(2) shall be laid before the Assam ·
Legislative Assemb1y in the manner laid
down in sub:-section (2) of section 8. Vesting of d
1a11d build- 10. The land, buil ings or f.lny other property
ngs anct owned by the Cla-.,sical Institutions whose employees, oiher pr p • .
1. h . perties. services are provincta ised as per t e provisions o
this Act shall continue to be owned by the
respective Institution after such provincialisation.
Repea l and 11. (1) The Assam Classical Insti tutions Ordinance
saving (Sanskrit and Pali-Prakrit) (Provincialisation) 1t99J
0
r
Ordinance, 1996 is hereby repealed. ·
(2) No twithstan ding such repeal anything done
or any action taken under the Ordinance
so repeale d shall be deemed to have heen
do ne or taken under the correspon .ding
provisions of this Act .
M. K. DEKA,
i/c. Secy.
to the Go vt. of Assam . Legislative Deptt.
GUWAHATI - Prin ted & Published by the Dy. Director (P.&S.), Directorate
ef Ptg. and Sty., Assam, GHY- 21 (Ex-Gazette) No. 91-740-409·27·3·1996·