The Assam Junior Colleges (Provincialisation) Act, 2012

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Registered
No
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No
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227
Dispur
,
Saturday
,
19
th
May
,
2012
,
29
th
Baisakha
,
1934
(
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.
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.
)
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1
GOVERNMENT
OF
ASSAM
ORDERS
BY
THE
GOVERNOR
LEGISLATIVE
DEPARTMENT
:
:
:
LEGISLATIVE
BRANCH
i
5
.
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NOTIFICATION
T
*
I
The
19
th
May
,
2012
No
.
LGL
.
44
/
2010
/
23
-
The
following
Act
.
of
the
Assam
Legislative
Assembly
which
received
the
assent
of
the
Governor
is
hereby
published
for
general
information
.
\
\
ASSAM
ACT
NO
.
XV
OF
2012
(
Received
the
assent
of
the
Governor
on
14
th
May
,
2012
)
THE
ASSAM
JUNIOR
COLLEGES
(
PROVINCIALISATION
)
ACT
,
2012
5


4
y
*
f
5
-
At
-
THE
ASSAM
GAZETTE
,
EXTR
AORDINARY
,
MAY
19
,
2012
2022
AN
ACT
to
provincialise
certain
Junior
Colleges
which
were
brought
under
the
deficit
system
of
grants
-
in
-
aid
in
the
State
of
Assam
.
Whereas
it
is
expedient
to
provincialise
certain
Junior
Colleges
which
were
brought
under
die
deficit
system
of
grants
in
-
aid
;
It
is
hereby
enacted
in
the
Sixty
-
third
Year
of
the
Republic
of
India
as
*
Preamble
follows
:
-
Short
title
,
extent
1
.
(
1
)
This
Act
may
be
called
the
Assam
Junior
Colleges
(
Provincialisation
)
and
commencement
Act
,
2012
.
(
2
)
It
extends
to
the
whole
of
Assam
.
(
3
)
It
shall
come
into
force
at
once
.
Definitions
In
this
Act
unless
there
is
anything
repugnant
to
the
subject
or
context
(
a
)
“
Appointing
Authority
”
in
respect
of
the
teaching
and
non
-
teaching
employees
of
the
Junior
Colleges
means
the
Governing
Body
of
the
respective
Junior
College
who
appoints
.
the
employees
as
per
decision
of
the
Governing
Body
and
approved
by
the
Director
,
(
b
)
“
Director
”
means
the
Director
of
Secondary
Education
,
Assam
'
which
shall
include
the
Director
of
Education
in
respect
of
BTC
area
,
Additional
Director
,
Hills
in
respect
of
Hill
areas
or
such
other
authorities
as
may
be
prescribed
by
the
State
Govemnpent
;
(
c
)
“
employees
”
means
and
includes
all
existing
employee
^
1
both
teaching
and
non
-
teaching
,
working
in
a
Junior
College
brought
under
the
deficit
system
of
grants
-
in
-
aid
against
a
post
duly
Sanctioned
by
the
State
Government
;
(
d
)
“
Governing
Body
”
means
the
Governing
Body
of
a
Junior
College
duly
constituted
under
sub
-
section
(
2
)
of
section
7
of
this
Act
and
approved
by
th
^
'
Director
for
carrying
out
the
management
of
the
Junior
Colleges
;
(
e
)
“
Junior
College
”
means
a
College
Which
are
in
receipt
of
deficit
system
of
grants
-
in
-
aid
from
the
State
Government
for
imparting
general
education
in
Arts
,
Commerce
and
Science
stream
in
plus
2
stages
;
2
.
»
SiM
*
*
.
.
|
f c
<
*
_
_
*
_
THE
ASSAM
GAZETTE
,
EXTRA
ORDINARY
,
MAY
19
,
2012
2023
(
f
)
“
prescribed
”
means
prescribed
by
the
rules
made
under
this
Act
;
(
g
)
“
President
”
means
the
President
of
Governing
Body
of
a
Junior
College
duly
constituted
under
this
Act
and
approved
by
the
Director
,
(
h
)
“
provincialised
”
means
taking
the
liabilities
in
respect
of
the
employees
of
the
Junior
Colleges
for
payment
of
salaries
including
Dearness
Allowance
,
Medical
Allowance
and
such
other
allowances
as
admissible
to
the
State
Government
employees
of
similar
category
and
gratuity
,
pension
,
leave
encashment
etc
,
as
admissible
under
the
existing
rules
,
s
&
ve
and
except
the
pension
of
the
employees
appointed
or
coining
under
deficit
system
of
grants
-
in
-
aid
on
or
after
1.1
.
2005
,
which
shall
also
include
vesting
of
land
,
building
and
other
properties
of
the
Junior
Colleges
to
the
State
Government
;
(
i
)
“
Schedule
”
means
the
Schedule
appended
to
this
Act
;
(
j
)
“
State
Government
”
means
the
Government
of
Assam
in
the
Education
(
Secondary
)
Department
;
(
k
)
“
valid
sanctioned
post
”
means
teaching
or
non
-
teaching
posts
of
Junior
Colleges
which
have
been
allotted
against
each
of
the
Junior
College
by
the
State
Government
with
due
approval
of
the
Finance
Department
3
.
Subject
to
the
provisions
of
Article
30
of
the
Constitution
of
India
,
ail
existing
employees
both
teaching
and
non
-
teaching
of
die
Junior
Colleges
as
specified
in
the
Schedule
,
shall
be
deemed
to
have
been
*
provincialised
and
become
employees
of
the
State
Government
on
and
from
the
date
on
which
they
were
brought
under
deficit
system
of
grants
-
in
-
aid
and
their
services
rendered
under
such
deficit
system
of
grants
*
in
-
aid
shall
be
counted
for
the
purpose
of
determination
of
pensionary
benefits
:
Employees
to
be
Government
servant
Provided
that
the
services
of
the
employees
appointed
after
the
date
of
coming
the
Junior
Colleges
under
deficit
system
of
grafts
-
in
-
aid
,
shall
be
counted
with
effect
from
the
respective
date
of
their
joining
in
a
valid
sanctioned
post
.
Vesting
of
Land
,
4
.
Building
and
other
properties
The
Land
,
Building
and
other
properties
owned
or
held
by
Junior
Colleges
coitiing
within
the
purview
of
this
Act
and
the
services
of
whose
employees
are
provincialised
under
section
3
shall
vest
in
the
State
Government
.
I
.
WIW
'
IW
1
*
'
-
*
i
Jaw
-
*
*
-
*
-
.
.
THE
ASSAM
GAZETTE
,
EXTRAORDINARY
,
MAY
19
,
2012
2024
5
.
(
1
)
Subjftct
to
the
provisions
of
this
Act
and
the
rules
made
ther
under
,
all
rules
including
Service
Rules
to
be
framed
under
the
proviso
to
Article
309
of
the
Constitution
of
India
and
rules
of
conduct
and
discipline
which
are
applicable
to
Government
servant
of
corresponding
ranks
,
shall
be
applicable
to
all
employees
of
Junior
Colleges
whose
services
have
been
provincialised
under
this
Act
.
(
2
)
The
existing
employees
whose
services
are
provincialised
under
this
Act
shall
continue
to
receive
their
respective
existing
scale
of
pay
and
other
allowances
etc
.
as
admissible
to
them
under
the
relevant

*
*
’
»
^
rules
and
order
of
the
State
Government
.
(
3
)
The
services
.
of
ail
employees
shall
be
encadred
in
appropriate
cadre
in
accordancerwith
the
Service
Rules
as
may
be
framed
by
the
State
Government
fbr
this
purpose
.
(
4
)
The
inter
-
se
-
seniority
of
the
employees
of
a
cadre
or
class
shall
be
deteaumd
Junior
College
-
wise
on
the
basis
of
the
Service
Rules
as
may
be
framed
by
the
State
Government
.
(
5
)
Recruitment
and
other
conditions
of
service
of
the
employees
shall
be
b
governed
by
the
Service
Rules
as
may
be
made
by
the
State
Government
,
Terms
and
conditions
-
of
service

K
nqt
tfi
c
m
Ohy
.
qq
»
D
f
Superannuation
and
6
.
(
1
)
Notwithstanding
anything
contained
in
the
preceding
sections
,
all
employees
of
a
Junior
College
coming
within
the
purview
of
this
Act
,
shall
go
on
superannuation
on
attaining
the
age
of
sixty
years
.
(
2
)
All
employees
who
have
been
duly
appointed
by
the
competent
Appointing
Authority
against
valid
sanctioned
post
prior
to
01
:
01
*
2005
.
in
the
Junior
CoHegeirought
under
the
deficit
-
system
of
grantwn
-
aid
,
shall
be
entitled
to
pension
and
other
pensionary
benefit
*
under
the
Assam
Service
(
Pension
)
Rules
,
1969
.
(
3
)
The
employees
appointed
or
coming
under
deficit
system
of
grants
-
in
-
aid
on
or
after
01.01
.
2005
shall
not
be
entitled
to
pension
and
other
pensionary
benefits
under
Assam
Service
(
Pension
)
Rules
,
1969
,
but
shall
be
covered
under
the
New
Contributory
Pension
Scheme
introduced
by
the
State
Government
.
(
4
)
The
services
of
the
employees
under
sub
-
section
(
2
)
shall
be
counted
towards
pension
and
pensionary
benefits
with
effect
from
the
date
on
which
the
Junior
College
was
brought
under
die
deficit
system
of
grantsrin
-
aid
;
Pension
etc
.
hV
>
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9
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JiatSUL
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¥
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