The Assam College Employees (Provincialisation) Act, 2005

- TOstr /o>3 Registered No. 768/97
THE ASSAM GAZETTE
EXTRAORDINARY
aw aiafW
PUBLISHED BY THE AUTHORITY
408 ?33W4, 23 2005, 2 tp , 1927 ( l ? )
No. 408 Dispur, Friday, 23rd December, 2005, 2nd Pausha, 1927 (S.E.)
GOVERNMENT OF ASSAM 
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT : :  LEGISLATIVE BRANCH
NOTIFICATION
The 22nd December, 2005
No.LGL. 112/2005/158 The following Act of the Assam Legislative Assembly which 
received the assent of the Governor is hereby published for general information.
ASSAM ACT NO. XLVI OF 2005
(Received the assent of the Governor on 19th December, 2005)
THE ASSAM COLLEGE EMPLOYEES (PROVINCIALISATION) ACT, 2()05  
AN
ACT
to provide for provincialisation of the services of employees of the Non-Govemment 
Colleges in receipt of deficit grants-in-aid in the State of Assam.
Preamble. Whereas it is expedient to provincialise the services of employees
of the Non-Govemment Colleges in receipt of deficit grants-in-aid from 
the Government of Assam.
It is hereby enacted in the Fiftysixth Year of the Republic of India 
as follows :-
1.(1) This Act may be called the Assam College Employees 
(Provincialisation) Act, 2005.
(2) It extends to the whole of Assam except the Autonomous Council 
areas under the Sixth Schedule to the Constitution of India :
Provided that the State Government may, in consultation with 
the said Autonomous Councils, extend this Act to the Autonomous 
Council areas by notification published in the Official Gazette.
(3) It shall be deemed to have come into force on and from the 
1st day of December, 2005.
Short title,  
extent and  
commencement.
 
 
 
N.
3248 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005.
Definitions. 2. In this Act, unless the context otherwise requires, -
(a) "College" means any Non-Govemment College in Assam in receipt o f 
deficit grants-in-aid from  the G overnm ent and im parting general 
education in Arts, Commerce or Science stream in Graduate le v e l;
(b) "employee" means an employee o f a College both teaching or non-teaching
appointed substantively against a sanctioned p o s t;
(c) "existing employee" means an employee o f a College both teaching and 
non-teaching appointed substantively against a sanctioned post and who 
is or has been in service on or after the 1st day o f January, 2005 ;
(d) "Governing Body" means the body constituted by the Government in 
accordance with the provisions o f the Assam Non-Govem ment College 
Management Rules, 2001 ;
(e) “Government” means the Government o f Assam;
(f) “provincialisation” means taking the liabilities for payment o f salaries
including dearness allow ance, m edical allow ance and such other 
allow ances as adm issible to the governm ent em ployees o f sim ilar 
category and gratuity, pension, leave encashment, etc. as admissible, under 
the existing rules, to the employees of the State Government serving 
under the Government o f Assam;
(g) “prescribed” means prescribed by rules made under this Act;
(h) “retired employee” means an employee who has retired on attaining the
age o f superannuation or otherwise.
Employees 3. 
to be  
provincialised <
Subject to the provisions o f Article 30 and 309 o f the Constitution of 
India, all employees o f the Colleges, save and except the em ployees 
who exercise option to continue in the existing terms and conditions of 
service under clause (d) below, shall be deemed to have become the 
employees o f the Government on and from the date on which the Colleges 
have been brought under the deficit system o f grants-in-aid, on the 
following terms and conditions, namely
(a) all rules including the rules of conduct and discipline, which are applicable 
to the Government servants o f corresponding grade similarly situated 
shall be applicable;
(b) the existing employees will continue to receive their respective existing 
scales o f pay and other allowances etc. as admissible to them under 
relevant rules and orders o f the Government;
(c) the posts in each provincialised College shall constitute an independent
cadre for each category o f employees. No intercadre transfer from one 
college to another including mutual transfer shall be allowed;
(d) the existing employees who want to continue in the existing terms and
conditions o f service shall give an option in writing to the Director, Higher 
Education, Assam within a period of three months from the date o f coming 
into force o f this Act:
 
THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005. 3249
Colleges to be 
known as Assam 
Provincialised 
Colleges.
Government to  
take over the  
services of  
employees.
Selection and  
appointment of  
employees.
Rules to be 
followed for 
settlement of  
pension.
Provided that the option once exercised by an existing 
employee is final and cannot be changed afterwards ;
(e) any existing employee who does not exercise option under clause(d)
shall be deemed to have opted for p ro v in cialisatio n  under the 
provisions o f this Act;
(f) the employees o f the Colleges provincialised after coming into force
o f this Act shall have no right o f option under clause (d); and
(g) all existing employees who do not exercise option under clause (d)
shall have to refund the State G o v ern m en t’s share o f  the 
Contributory Provident Fund with interest within six months from 
the date o f coming into force of this A c t:
Provided that if any existing employee who fails to refund 
the State Government’s share o f Contributory Provident Fund with 
interest within the said stipulated period such employee shall be 
deemed to have been opted to remain under the existing terms and 
conditions o f service applicable to them before provincialisation.
4. After coming into force o f this Act the Colleges provincialised 
under this Act shall be known as the Assam Provincialised Colleges 
as distinct from the Government Colleges in Assam.
5. The services o f all the employees, who do not exercise the option 
within the stipulated period under clause (d) o f section 3, shall 
vest with the Government with effect from the respective date of 
provincialisation o f the Colleges.
6. Appointm ents o f both teaching and non-teaching posts in the 
Colleges shall be made by the Director of Higher Education, Assam 
on the basis o f selection and recommendation o f the Governing 
Body o f the respective College in accordance with the Rules and 
Procedure o f the Government in force.
7. (1) The existing employees shall be governed by the existing pension
Rules o f the Government for the time being in force:
Provided that the employees who join on or after the 1  st day 
o f February, 2005 shall not be covered by the existing pension 
Rules o f the Government. They shall be governed by such pension 
Rules or Scheme, as the case may be, as may be framed by the 
Government from time to time.
(2) The Director o f Higher Education, Assam shall process all pension 
cases and send them to the Accountant General, Assam as per laid 
down procedure.
 
 
 
 
 
 
 
 
 
 
 
GUWAHATI- Printed and published by the Dy. Director (P. & S.) Directorate of Ptg. and Sty., Assam, Guwahati-21 
(Ex. Gazette) No. 815-500+600-23-12-2005.
3250 THE ASSAM GAZETTE, EXTRAORDINARY, DECEMBER 23, 2005.1
Mode of  
pension to  
employees who  
retired/died 
prior to 1st  
January, 2005.
8. Employees who retire<i/died, as the case may be, prior to 1st  
January, 2005 shall be given only superannuation pension or 
the family pension, as may be applicable under the existing pension 
Rules of the Government. They shall not be entitled to any other 
pensionery benefits:
Provided that the payment of such superannuation or family 
pension, as the case may be, are subject to refund of the 
Government’s share of their Contributory Provident Fund within 
six months from the date of coming into force of this Act:
Provided further that if the Governm ent’s share of 
Contributory Provident Fund is not refunded in respect of a retired/ 
deceased employee within the aforesaid stipulated period no 
superannuation pension or family pension shall be admissible in 
respect of such employee.
Age of  
superannuation.
9. The provincialised employees shall go on superannuation on 
attaining such age at which a Government servant similarly situated 
superannuates. •
Suits and  
Proceeding.
10. No suit, prosecution and other legal proceedings shall lie for 
anything done in good faith under this Act, except with the previous 
sanction of the Government.
Power of  
interpretation  
and removal of  
difficulties.
11 .(1) If any difficulty arises as to the interpretation of any provision of 
this Act, the interpretation of the Government shall be final;
(2) If any difficulty arises in giving effect to the provisions of this Act, 
the Governor may, by order do anything, not inconsistent with the 
provisions of this Act, which appear to him to be necessary for the 
purpose of removing the difficulty.
Power of the  
Government to  
make Rules.
12.(1) Except for the purpose of payment of pension which will be 
governed by the Assam Services Pension Rules 1969, the State 
Government may, by notification in the Official Gazette, make 
rules for carrying out the purposes of this Act.
(2) All rules made by the State Government under this Act shall, as 
soon as may be after they are made, be laid before the State 
Legislature, while it is in session, for a total period of not less than 
fourteen days which may be comprised in one session or in two or 
more successive sessions, and shall, unless some later date is 
appointed, take effect from the date of their publication in the 
Official Gazette subject to such modifications or annulments as 
the Legislature may, during the said period agree to make, so 
however, that any such modification or annulment shall be without 
prejudice to the validity of anything previously done thereunder.
M. K. DEKA,
Commissioner and Secretary to the Govt, of Assam, 
Legislative Department, Dispur.
 
 
 
 
 
 
 
 
 
 
 
 
 

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