The Assam Venture Sanskrit and Pali Educational Institutions (Provincialisation of Services) Act, 2012

Registered No.-768/97
THE ASSAM GAZETTE
'SFHtWt
EXTRAORDINARY :
PUBLISHED BY THE AUTHORITY
169 1 1  <4zm,.2O12,22 U\5, 1934 (“fr)
No.169 Dispur, Wednesday, 11th April, 2012, 22nd Chaitra, 1934 (S.E.)
GOVERNMENT OF ASSAM  
ORDERS BY THE GOVERNOR  
LEGISLATIVE DEPARTMENT : : :  LEGISLATIVE BRANCH
NOTIFICATION
The 11th April, 2012
No. LOL 135/2011/58.—The folio wing Act of the Assam Legislative Assembly which received 
the assent o f the Governor is hereby published for general information.
o
ASSAM ACT NO. VIII OF 2012
(Received the assent of the Governor on 5th April, 2012)
THE ASSAM VENTURE SANSKRIT AND PALI EDUCATIONAL INSTITUTIONS  
(PROVINCIALISATION OF SERVICES) ACT, 2012

1074 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012
Preamble
Short title, extent  
and 
commencement.
Definitions 2.
AN 
ACT
to provincialise the services o f the employees o f the Venture Sanskrit  
and Pali Educational Institutions in the Slate o f Assam and to restrict  
further establishment o f such Educational Institutions in the State.
Whereas it is expedient to provincialise the services o f the  
employees o f  the Venture Sanskrit and Pali Educational Institutions in  
the State o f Assam and to restrict further establishment o f such  
educational institutions in the State;
It is hereby enacted in the Sixty-third Year o f the Republic of  
India as follows:-
1. (1) This Act may be called the Assam Venture Sanskrit and Pali  
Educational Institutions ( Provincialisation o f Services) Act, 2012.
(2) It extends to the whole o f Assam.
(3) It shall come into force on such dale as the Stale Government may,  
by notification in the Official Gazette, appoint and different dates  
may be appointed for different provisions o f the Act or for different  
category o f Venture Sanskrit and Pali Educational Institutions.
In this Act, unless the context otherwise requires,-
(a) “Deputy Director o f Sanskrit Education” means the Deputy Director  
o f  Sanskrit Education and includes Assistant Director o f Sanskrit  
Education;
(b) “Director” means Director o f Higher Education, Assam and  
includes Additional Director or Deputy Director o f Sanskrit  
Education or Assistant Director o f Sanskrit Education;
(c) "Employee" means and includes all serving employees both teaching  
and non-teaching o f Venture Sanskrit and Pali Educational  
Institutions who have been appointed by the Governing  
BodyZManagiag Committee o f  the concerned Venture Sanskrit and  
Pali Educational Institution before first day o f January,2012 and  
whose services are being or would be considered for being  
provincialised under this Act;
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1075
(d) "Governing Body" means the Governing Body o f Sanskrit College 
approved by the appropriate authority as notified by the State 
Government for carrying out the management o f the college;
(e) “Inspector o f Schools" means the Inspector o f Schools in the 
concerned District and unless the context otherwise requires, it 
includes an Assistant Inspector o f Schools o f the same District;
(f) "Managing Committee" means the Managing Committee approved 
by the appropriate authority as notified by the State Government for 
carrying out the management o f the concerned Venture Sanskrit and 
Pali Education Institution;
(g) “provincialised Sanskrit and Pali Educational Institution" or 
"Provincialised Sanskrit College" means a Venture Sanskrit or Pali 
Educational Institution or Venture Sanskrit College wherein the 
services o f employees are provincialised or being considered to be 
provincialised under this Act;
(h) "prescribed" means prescribed by the rules made under this Act;
(i) "State Sanskrit Education Board" means the Assam Sanskrit Board, 
constituted under the provisions o f the Assam Education Department. 
Rules and orders;
(j) “State Government" means the State Government o f Assam in the 
Education (Higher) Department;
(k) "Scrutiny Committee" means the scrutiny committee constituted 
under section 10 o f this A ct to recommend names o f Venture 
Sanskrit and Pali Educational Institutions which are considered 
eligible for provincialisation o f the services o f the employees serving 
therein;
(l) "Sanskrit Education" means a system o f special classical education in 
which lessons are imparted on the subjects o f Sanskrit, Pali, Veda, 
Vedanta, Jyotish, Karmakanda, Kalap, Ratnamala, Panini, 
Mughdhabodh, Kavya, Mimangsha along with general subjects like 
Modem Indian Language, English, Mathematics, General Science, 
Social Science upto Secondary level, the syllabi, curriculum, and 
examination which are regulated by the Assam Sanskrit Board upto 
the level o f Prayesika Examination, the second level is Madhyama 
and third level is Shastri (title);

1076 THE ASSAM  GAZETTE, EXTRA ORDINARY, APRIL 11, 2012
Eligibility criteria 
for selection of  
educational 
institutions for 
provincialisation 
o f services o f its 
employees.
(m) "Venture Sanskrit and Pali Educational Institution" means Venture  
Sanskrit Educational Institution such as Tol, Vidyalaya,  
Chotuspathi, Vidyapith and Sanskrit College or Venture Pali  
Educational Institution such as • Tol or Vidyalaya, as the case may  
be, which have been established by the people o f the locality before  
1.1.2006 and which have received permission and recognition from  
the Assam Sanskrit Board before 01.01.2006 and which have not  
been provincialised under any Act enacted by the State Legislature so  
far.
3. (1) Subject to the provisions of Article 30 o f the Constitution o f India,  
the following categories of Venture Sanskrit and Pali Educational  
Institutions shall be eligible for being considered for  
provincialisaton o f the services o f its cmployees:-
(i) the Venture Sanskrit and Pali Educational Institutions which  
have been established by the people o f the locality and had  
obtained the required permission and recognition from the  
Assam Sanskrit Board before 01.01.2006; and
(ii) it has a minimum enrollment of 20 students in Pravesika class  
which is equivalent to H.S.LC, and a minimum enrollment of  
15 irudents in Shastri in Final Year Class as on the date of  
coming into force of this Act; and
(iii) the concerned educational institution must have a consistent  
good academic performance which would mean that at least  
30% o f the candidates appearing for the final examination at  
the Pravesika and Shastri level must have passed in any three  
examinations held since 01.01.2006.
(2) The concerned educational institutions must have required  
infrastructure as specified in section 10 o f the Assam Non­
Government Educational Institutions (Regulation and  
Management) Act, 2006.
(3) An Institution which does not have the required infrastructure  
specified in subsection (2) above, may be considered as eligible  
for provincialisation o f the services o f its employees, provided  
such institutions acquire the required infrastructure within two  
years from the date o f commencement o f this Act.
fasaxa 
Act IV 
of2007
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE ASSAM  GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1C77
Employees to be 
Government 
Servant.
(4) Subject to the provisions o f the Assam Non-Govemment 
Educational Institutions (Regulation and Management) Act, 2006, 
a Venture Sanskrit and Pali Education Institution which does not 
fu lfil the eligibility criteria as on the date o f coming into force o f 
this Act Or does not acquire eligibility under sub-section (3) above 
within two years period as aforesaid shall not be eligible to be 
considered for provincialisation o f the services o f its employees, 
but may be allowed to nin as a Private Institution or a Non- 
Govemment Educational Institution.
(5) Save and except an institution covered under Article 30 o f the 
Constitution o f India which Is already getting financial assistance, 
no other Venture Sanskrit and Pali 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 o f this 
Act.
4. (1) The services of the employees o f all eligible Venture Sanskrit and 
Pali Educational Institutions under section 3 and who have already 
completed ten years o f services in such Venture Sanskrit and Pali 
Educational Institutions without any break from the date o f 
permission and recognition o f such institution, as on the date of 
coming into force o f this Act, shall be deemed to have been 
provincialised and they shall become employees o f the State 
Government with effect from that date.
(2) The services o f all the teaching and non-teaching employees, who 
have not yet completed ten years o f continuous services without 
break in that Venture Sanskrit and Pali Educational Institutions on 
the date o f coming into force o f this Act. shall be provincialised with 
effect from the date on which they complete the required ten years o f 
service:
Provided that the number o f employees in both teaching 
and non-teaching cadre in each o f the institutions, services o f whom 
are provincialised or to be provincialised under this Act, shall not 
exceed as specified in the Schedule, appended to this A c t:
Assam 
A ct TV 
o f 2007

1078 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012
Terms and 
Conditions o f 
service
Provided farther that where the number o f such  
employees serving in such Venture Sanskrit and Pali Educational  
Institutions exceeds the numbers as specified in the Schedule, the  
provincialisation o f the services o f the employees shall be cm the  
basis o f seniority in the respective category in the concerned  
educational institution. The State Government shall have no liability  
whatsoever in regard to such excess employees.
(3) The services o f a teaching or non-teaching employees in a Venture  
Sanskrit and Pali Institutions shall be considered for  
provincialisation, only if  they have the requiste academic and  
professional qualifications prescribed by the Assam Sanskrit Board  
at the time o f their initial appointment:
Provided that if an employee is required to acquire any  
prescribed academic or professional qualifications, services o f such  
employee may be considered for provincialisation if otherwise  
eligible, but in such case the provincialisation would be subject to  
acquisition o f such prescribed qualifications within a period o f five  
years from the date o f  coming into force o f this Act, and during  
this intervening period, the State Government shall have no  
liability in respect o f his pay and allowances and he may continue  
to work under the existing terms and conditions under which he  
was working, until his services are provincialised. In case o f his  
failure to acquires the required academic or professional  
qualifications within the stipulated period, his services shall stand  
terminated with effect from the date o f expiry o f stipulated period,  
5. (I) Subject to the provisions o f this Act and the rules made thereunder,  
all rules including service rules and rules o f conduct and discipline  
which are applicable to the State Government servants o f  
corresponding ranks, shall be applicable to all employees o f the  
provincialised Sanskrit and Pali Educations Institutions.
(2) All such employees shall get such emoluments as salary and  
allowances as may be prescribed with effect from the date o f  
provincialisation o f their services and the past service rendered by  
them shall not be counted for any purpose whatsoever, and all such  
employees shall get same pay and allowances as if they are fresh  
appointees and in respect o f pension, they shall be governed by the  
New Pension Scheme applicable to the State Government employees  
o f the corresponding rank.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1079
Management o f  
the educational  
institutions where  
services o f 
employees are 
provincialised.
Governing  
Body/Managing  
Committee in  
respect o f 
provincialised  
Institutions
Power o f  
Governing  
Body/Managing  
Committee
(3) The employees, who have completed sixty years o f age as on the  
date o f coming into force o f 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, allowances and  
retirement benefits Lo t services already rendered by them in such  
educational institutions.
(4) Services o f all employees shall be encadred in appropriate cadres in  
accordance with the rules as may be prescribed by the State  
Government for this purpose.
6. W ith effect from the date o f publication o f the notification under sub­
section (4) o f section 10 , the administration, management and  
control o f all provincialised Sanskrit and Pali Educational  
Institutions coming within the purview o f this Act shall vest in the  
State Government
7. The Constitution, composition, powers, functions and duties o f  
Governing Body in case o f provincialised Sanskrit College and o f  
the Managing Committee in case o f all other provincialised  
Sanskrit and Pali Educational Institutions shall be governed by the  
rules framed by the State G o vrnment under this A c t
8. ( I )  The State Government or an officer authorised by the State
Government, by an order, constitute a Governing Body in case o f a  
provincialised Sanskrit College and a Managing Committee in  
respect o f all other provincialised Sanskrit and Pali Educational  
institutions for managing the affairs o f such Institutions.
(2) The Managing Comnoittee/Goveming Body, as the case may be, o f  
such Institutions shall exercise such powers and shall perform such  
functions as may be prescribed by the State Government under the  
rules made under this Act
(3) The State Government or the Officer so authorised by the state  
Government may, at any time, re-constitute the Managing  
Committee or the Governing Body, as the case may be, whenever it  
is considered necessary.
(4) The composition o f the Managing Committee or Governing Body  
shall be such as may be prescribed by the State Government.
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1080 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11, 2012
Amalgamation, 
shifting or 
expansion of 
Provincialised 
Institution
Scrutiny 
Committee
(5) Subject to overall control and supervision of the Director/ Deputy 
Director of Sanskrit Education, al! teaching and non-teaching 
employees whose sereices are or would be provincialised, shall be 
accountable and remain subject to the control of the Managing 
Committee or the Governing Body, as the case may be.
(6) All teachers, whose services have been provincialised shall render, 
their services under the control and supervision of the Head of the 
Institution if and so required, their services may be utilised in the 
lower classes,
9. (1) In appropriate cases, if there is already an existing Sanskrit and Pali 
Educational Institution nearby, and the enrollment of the students 
does not justify more than one institution in the same 
locality, or there are other sufficient reasons so to do, the Stale 
Government, in the -public interest and for reasons to be recorded 
may order, transfer or shilling of the institution from one place to 
another, or may order amalgamation of two or more existing 
institutions.
(2) In appropriate poses, if the State Government is of the view- that an 
existing institution need be expanded so as to have more classes, the 
State Government may order expansion of an existing institution so 
as to include lower and higher classes or introduce new courses of 
study or subjects.
(3) AH employees teaching and non-teaching whose services have been 
provincialised under the provisions of this Act and who arc working 
in one o f the provincialised Sanskrit and Pali Educational Institution 
in respect of which an order under sub-scction (1) and section (2) has 
been passed shall be liable to be transferred and posted in any such 
provincialised Institution in the same rank and grade.
(4) All teachers working on a higher grade in an institution in 
respect of which an order under sub-section (2) has been passed may 
be required to leach in the lower classes also
1<L(I) There shall be one Scrutiny Committee to scrutinize service records 
and other related issues of the serving teachers and Non-teaching 
staff of Venture Sanskrit and Pali liducational Instituion pertaining 
to provincialisation of their services.
(2) The Deputy Director,Sanskrit Education by an order, shall constitute 
the Scrutiny Committee under preceding sub-section.

THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012 1081
(3) The Scrutiny Committee shall first scrutinize and prepare a list of all 
Venture Sanskrit and Pali Educational Institutions within the State, 
which are eligible in terms of the provisions o f this Act and shall 
thereafter proceed to scrutinize and verify the service records o f all 
the serving employees, who are eligible or would become eligible 
for being considered for provincialisation oftheir services.
(4) The Scrutiny Committee shall forward the verified list o f eligible 
teachers school-wise in accordance with the number of posts 
specified in the Schedule appended to this Act , to the concerned 
Director who shall, after making such further scrutiny as may be 
required, shall forward the same to the concerned Department of the 
State Government for consideration and for issuing Notification in 
respect o f the eligible institutions and employees eligible for getting 
their services provincialised.
(5) The Scrutiny Committee shall have the powers to inspect all 
documents and records produced before it and call for such further 
records and documents as may be required for the purpose of 
causing verification and scrutiny and examine witnesses for the 
purpose, if considered necessary and while doing so it shall have the 
powers o f a Civil Court for the purpose of compelling attendance of 
persons and production o f documents.
(6) The Scrutiny Committee for all categories o f the Venture Sanskrit 
and Pali Educational Institutions shall be constituted with the 
following members namely:-
(i) The Deputy Director, Sanskrit Education -— Chairman;
(ii) The Inspector of Schools,Kamrup -— Member;
(iii) One Deputy Director/ Assistant Director (to be nominated by 
Director, Higher Education)—  Member;
(iv) One Pradhan Adhyapaka (Principal) o f a Provincialised
Sanskrit and Pali Educational Institution (either serving or 
retired ) to be nominated by the Director----- Member;
(v) One eminent person in the field o f Sanskrit Education to be 
nominated by the Director-—-Member.
(7) The State Government may ,by an order re- constitute the Scrutiny 
Committee or may change its composition, if the circumstances so
warrant.

1082 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012
Educational
Institution not 
provincialised to 
function a» 
Private/ Non* 
Government 
Institutions.
Offencesand. 
Penalties
Suitsand 
proceedings
Power o f 
interpretation 
and removal o f 
difficulties.
11. (1) The service o f employees o f the Venture Sanskrit and Pali
Educational Institutions which have been cstabliscd on or after 
01.01.2006 shall not be provincialised and no such Institution 
shall be allowed to remain functional unless it has obtained,-
(i) permission and recognition from the Assam Sanskrit Board;
(ii) pcrmission under the provisions o f the Assam Non- 
Govemment Education Institutions ( Regulation and 
Managment) Act, 2006, in case all other educational 
institutions:
(2) All- such Venture Sanskrit and Pali Educational Institutions, which 
have obtained the required permission or recognition, as the case 
may be, shall be allowed to function s purely private or Non- 
Ciovemment Educational Institution.
12. (1) Whoever provides misleading, incorrect or false information to
and suppresses material information from or abets the providing or 
suppression o f such information to the Scrutiny Committee or to 
any other authority under this Act, shall commit an offenceunder 
this Act which shall be punishable with imprisonment for a term 
which may extend to three years.
(2) Offences committed under this Act shall be cognizable offences 
under the provisions o f the Code o f Criminal NoProcedure, 1973.
13. No slut, prosecution or other legal proceeding shall lie for anything 
in good faith done under this Act, except with the previous 
sanction o f the State Government.
14. (1) I f  any difficulty arises in interpretation o f any provisions o f this
Act, the interpretation o f the State Government shall be final.
(2) I f  any difficulty arises in giving effect to provisions o f this Act, the 
State Government may, by order, do anything not inconsistent with 
the provisions o f this Act which appear to be necessary or 
expedient for the purpose o f removing the difficulty.
Assam 
Act IV 
of 2007
Central
Act 1  o f
1974

THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11,2012 1 0 8 3
Delegation o f  
powers.
15.(l)Thc State Government may delegate all its powers. except the  
powers conferred under sections 14 and 16 o f the Act to any other  
Authority or to Director/ Deputy Director.
(2) The O fficer or Authority to whom the powers are delegated under  
sub-section (1 ) shall exercise the same subject to overall  
supervision and control o f the State Government and subject to  
such limitations as may be specified by the State Government.
Power to make  
rules.
16.(1) The State. Government may. by notification published in the  
Official Gazette, make rules for carrying out provisions o f this Act.
(2) W ithout prejudice to the generality o f the foregoing provisions,  
such rules may provide for all or any o f the following matters,  
namely
(i) prescribing service conditions and specifying the duties and  
responsibilities o f all employees whose services have  
beenprovincialised under this Act;
(ii) preparation and maintenance o f service records o f  the  
employees whose services have been provincialised;
(iii) for constitution and composition o f the Governing Body o f  
the provincialised Sanskrit College and the Managing  
Committee o f all provincialised Sanskrit and Pali  
Educational Institutions;
(iv) specifying the powers, functions, duties and responsiblitics  
o f the Managing Committee or Governing Body o f the  
provincialised Sanskrit and Pali Educational Institutions. as  
the case may be.
(3) Every rule made under this section shall be laid as soon as may be  
after it is made, before the Assam Legislative Assembly w hile it is  
in session for a total period o f fourteen days which may be  
comprised in one session or in two o r more successive sessions and  
i f  , before the expiry o f the session in which it is, 3® laid o r the  
session immediately following, the Assam: Legjstafae Assssssbl^'  
agree in making any modification i *  tfte rufe o r thtt Asaam.  
Legislative Assembly agrees that A r  mrft should! not be madte. Ate  
rules shall thereafter haveaffievtuafe iifc sushi modified form or b e  
o f no effect, as the case- ivag, b it howcKcr. that any such  
modification or annultmoA s h a l Le w A o u t prejudice to the-  
valdhQi o f anything pacKuMtdy A tD eaaA tr Am  suite.
I

1084 THE ASSAM GAZETTE, EXTRA ORDINARY, APRIL 11, 2012
schedule .
[ See Sections 4(2) and 10(4) ]
Maximum o f  em ployees for Venture Sanskrit and Pali Educations Institution  
for provincialisation o f  their services
Total : - 5  (five)
SI. N o. Category o f  Staff. N o. o f  posts
1 2 3
1. Pradhan Adhyapaka. 1
2. Second Adhyapaka 1
3. Graduate Teacher (Arts) 1
4. Science Graduate (Asstt. Teacher) 1
■
5. G ra d e-IV . 1
MOHD. ABDUL HAQUE,  
Secretary to the Govt, o f Assam,  
Legislative Department, Dispur
G u w a h a tiP rin te d  and Published by the Dy. Director (P &  S), Directorate o f Ptg. &  Sty. Assam, Guwahati-21.
Ex. Gazette N o. 3 3 7 -3 0 0  +  6 0 0 - 11 - 4 - 2 0 1 2 .
 
 
 

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