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

' 77
Registered N o.-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, T uesday, 11 thApril, 201 7, 21st Chaitra, 1939 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGIS LATIVE DEPARTMENT ::LEGISLATIVE BRAN CH
NOTIFICATION
. The 11 th April , 2017
No. LGL. 6812017/6.- The following Act of the Assam Legislative As sembly
which received the assent of the Governor on 6th April, 2017 is hereby publi shed for
gener al 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
------ -
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,
extent and
commencement.
Definitions
1.
2.
(1)
(2)
(3)
This Act may be called The Assam Education
(Provincialisation of Services of Teachers and Re-Organisation
of Educational Institutions) Act, 2017.
It extends to the whole of Assam.
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.
In this Act, unless the context otherwise requires,-
(a) "Assam Higher Secondary Education Council" or
"AHSEC" means the Assam Higher Secondary Education
Council constituted under the provisions of the Assam Higher
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
the Board of Secondary Education, Assam constituted under the
provisions of the Assam Secondary Education Act, 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
Assam
Act No.
XVII of
1984
Assam
Act No.
XXV of
1961
---- --
THEASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
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
963
964 THE ASSA.l\1GAZETTE, 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
constituted under the provisions of the Right of Children to
Free and Compulsory Education Act, 2009 or the rules made
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;
Central
Act No.
35 of
2009
:
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
(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
having required educational and professional qualification as
per norms and standards fixed by the Right of Children to Free
and Compulsory Education Act, 2009, National Council for
Teachers Education Act, 1993, University Grants Commission
Act, 1956 and the relevant rules and regulations framed
thereunder and any other Act as the case may be, as applicable
on the day of provincialisation and whose services are
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
provincialised in the post of Teacher under this Act due to lack
of his/her educational and professional qualifications required
as per the Right of Children to Free and Compulsory Education
Act, 2009, National Council for Teachers Education Act, 1993,
University Grants Commission Act, 1956 and the relevant rules
and regulations framed thereunder and any other Act, as the
case may be, as applicable on the date of provincialisation ,
965
Central
Act No.
35 of
2009;
Central
Aet No.
73 of
1993;
Central
Act No.3
of 1956
Central
AetNo.
35 of
2009;
Central
Act No.
73 of
1993,
Central
Act No.3
of1956
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 b y
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;
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
(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 there after 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 legi slature 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" mean s 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" mean s 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 :
967
968
Eligibility 3.
criteria for
selection of
educational
institution for
provincialisation
of services of
teachers l tutors.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
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.
(1) Subject to the provisions of Article 30 of the Constitution of
India, the following categories of Venture Educational
Institutions shall be eligible for being considered for
provincialisation of the services of their teachers and tutors:-
(i) The Venture Educational Institutions which have been
established and had obtained the required permission,
recognition, affiliation , concurrence, as the case may be,
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 b e
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
with the provisions under the Right of Children to Free and
Compulsory Education Act, 2009 and Rules framed there
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
provisions under Assam Non-Government Educational
Institutions (Regulation and Management) Act., 2006 and
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 :
Central
Act No .
35 of
2009;
Assam
Act No­
IV of
2007
THEASSAi\1GAZETTE,EXTRAORDINARY, APRIL 11 ,2017
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
969
970 THE ASSAM GAZETTE, EXTRAORDINARY; APRIL 11,2017
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
situated. After so merger in the Base School, the minimum
number of teacher as specified in the schedule of the Right
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
Schedule under sections 19 and 25 of the Right of Children
to Free and Compulsory Education Act, 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.
Central
Act No.
35 of
2009
Central
Act No .
35 of
2009
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
per University Grants Commission Act, 1956, National Council
for Teachers Education Act, 1993 and relevant rules and
regulations framed thereunder , as the case may be, as
applicable on the date of provincialisation, are satisfied and
having sufficient enrolment in the concerned School or
Colleges including in the concerned subject .
Central
AetNo .3
of 1956;
Central
Act No .
73 of
1993 ,
(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
practicable and having DISE Code for the year 2009-2010 or
prior to that in case of Venture Primary or Upper Primary
School and in case of all other Educational Institutions, the
concerned institution must have the required infrastructure as
specified in section 10 of the Assam Non-Government
Educational Institutions (Regulation and Management) Act,
2006 as far as practicable.
Central
Act No.
35 of
2009
Assam
Act No .
IV of
2007
(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
the Right of Children to Free and Compulsory Education Act,
2009, in case of a Venture Primary or Venture Upper Primary
School ; and, in case of all other institutions, subject to the
provtsions of the Assam Non-Government Educational
Institutions (Regulation and Management) Act, 2006, if an
educational institution which does not fulfill the eligibility
criteria as stated herein above on the date of coming into force
of this Act, such institution, shall not be eligible to be
Central
Act No.
35 of
2009
Assam
Act No .
IV of
2007
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
THEASSAM GAZETTE,EXTRAORDINARY;APRIL11,2017
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.
973
Teachers and/ or 4.
tutors to be
government
servants.
(1) Subject to fulfillment of all other provisions of this Act, the
services of the teachers and/or tutors of all Venture Educational
Institutions eligible under section 3 shall be deemed to have
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 full y
recognized up to the last and highest class required for
such Institution by the competent authority on or before
01.01.2006;
974 THE ASSAM GAZETTE, EXTRAORDINARY, APRlL 11, 2017
(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.
Central
Act No .
35 of
2009;
Land, building
etc to vest with
the Government .
Educational and
Professional
qualification of
teachers.
5.
6.
(1)
(2)
(1)
With effect from the date of provincialisation of the services of
the teachers and/or tutors of the Venture Educational
Institutions under this Act, the land, building and other assets of
the concerned educational institution shall vest with the
Government.
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.
The services of teachers in a Venture Educational Institution
from the Primary level up to the Degree Level, shall be
considered for provincialisation in the post of teachers or
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
down under the following Acts, Rules and Regulations ;-
(a) The Right of Children to Free and Compulsory Education
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;
TI-IEASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2017 975
Educational and
Professional
qualification of
tutor .
Terms and
conditions of
service.
7.
8.
(d) The University Grants Commission Act, 1956 and Central
U · . G C ., R lati M' . Act NO.3nrversity rants omrmssion egu anons on mimum of 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,
(1) The tutor must acquire the prescribed educational and
professional qualifications within a period of five years from
the date of publication of the order of provincialisation of
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.
(1) Subject to the prOVISIOns of this Act and the Rules made
hereunder all rules including service rules and rules of conduct
and discipline which are applicable to State Government
976 THE ASSAM GAZETTE , EXTRAORDINARY, APRIL 11 ,2017
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 ,
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 977
Central
Act No.
35 of
2009
The constitution, composition, powers, functions and duties of
the Managing Committee in respect of the Primary and Upper
Primary Schools shall be governed by the provisions of the
Right of Children to Free and Compulsory Education Act, 2009
and the rules made thereunder .
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.
With effect from the date of publication of the notification
under sub-section (1) of section 4, . the administration,
management and control of all provincialised educational
institutions coming within the purview of this Act shall vest in
the State Government.
The State Government or an officer authorized by the State
Government not below the rank of a District Elementary
Education Officer in case of Elementary Schools or the
Inspector of schools of the District in case of High School,
High Madrassa, Higher Secondary School by order passed in
that behalf shall constitute a Managing Committee in respect of
High School, High Madrassa or Higher Secondary School and a
Governing Body in respect of a Junior College.
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.
Management of 9.
the educational
institution where
services of
teachers are
provincialised .
Managing 10.
committee in
respect of
primary/upper
primary schools.
Managing II. (1)
committee
/governing body
in respect of
other
educational
institutions.
(2)
978
Amalgamation!
merger and
shifting or
expansion of
educational
institution.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 ,2017
(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.
12. (1) In appropriate cases, if there is already an existing educational
institution nearby, and the enrolment of the students do not
justify for more than one institution in the same locality, or
there are other sufficient reasons so to do, the State
Government, in the public interest and for reasons to be
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.
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 979
District Scrutiny 13.
Committee and
State Level
Scrutiny
Committee .
(1) There shall be District Scrutiny Committees in each district
separately for Elementary, Secondary and for Higher Education
to scrutinize service records and other related issues of the
serving teachers of Venture Educational Institutions pertaining
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
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
THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017
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 shal

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