Assam College Education (Provincialisation) Act, 1996
No: 2 Dated: Mar, 26 1996
THE ASSAM COLLEGE EDUCATION (PROVINCIALISATION) ACT, 1996
[Act No. 02 of 1996]
An Act to provide for provincialisation of the services of employees of certain colleges covered by deficit scheme of grants-in-aid in the State of Assam.
Preamble:- Whereas it is expedient to provincialise the services of the employees of certain colleges covered by deficit scheme of grants-in-aid in the State of Assam.
It is hereby enacted in the Forty-seventh Year of the Republic of India as follows:
1. Short title, extent and Commencement:- (1) This Act may be called the Assam College Education (Provincialisation) Act, 1996.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. Definition:- In this Act, unless the context otherwise requires.
(a) "College" means an institution imparting general education in Arts, Commerce or Science stream in Degree level and receiving grants from the Government under the deficit scheme of grants-in-aid;
(b) "employee" means a person in the teaching or non-teaching employment of a college against a regularly sanctioned post as per standard staffing pattern and whose appointment has been approved by the Director of Higher Education, Assam;
(c) "existing employee" means an employee who is in the regular pay roll, employed against a regularly sanctioned post as per the standard staffing pattern on the date of commencement of this Act or the date of provincialisation of the college, as the case may be, and whose appointment has been approved by the Director of Higher Education, Assam;
(d) "Governing Body" means the body of members constituted by toe Government in accordance with the provisions of the Assam Aided College Management Rule, 1976;
(e) "Government" means the Government of Assam;
(f) "prescribed" means prescribed by rules made under this Act.
(g) "provincialisation" means taking over the liabilities for payment of salaries including dearness allowances medical allowance and such other allowances as admissible to the Government employees of similar category and gratuity, pension, leave encashment, etc., as admissible, under the existing rules, to the employees of the State Government serving under the Government of Assam;
(h) "Schedule" means Schedule appended to this Act.
3. Employee to be Government Servants:- Subject to the provisions of Articles 30 and 309 of the Constitutions of India and section 7 of this Act, all employees of the colleges selected on the basis of seniority in the district in accordance with the date of establishment and specified in the Schedule and now covered by the deficit scheme of grants-in-aid under the Government shall be deemed to have become the employees of the Government on and from the date of this Act coming into force, in the following terms and conditions, namely:
(a) all rules including the rules of conduct and discipline, which are applicable to the Government servants of corresponding grade, similarly, placed, shall be applicable to all employees of the colleges;
(b) all employees shall be entitled to such emoluments as salary and allowances etc. as admissible to them as per orders of the Government;
Provided that no employees shall get as emoluments any amount which is less than the amount he was lawfully getting immediately before the coming into force of this Act.
(c) notwithstanding anything contained in the Assam Public Service Commission (limitation of Functions) Regulations, 1951 services of all employees against sanctioned posts and whose appointments have been approved by the Director, Higher Education, Assam, shall be encadred in the appropriate cadres in accordance with the rule as may be prescribed by the Government for this purpose;
(d) the inter-se-seniority of the employees in a cadre or class shall be determined on the basis of the rules as may be prescribed by the Government;
4. Superannuation and pension etc.:- (1) Notwithstanding anything contained in the preceding section but subject to the provisions of sub-sections (3) and (4), all employees other than Grade-IV employees of a college coming within the purview of this Act, shall, on attaining the age of 58 years, go on superannuation. Grade-IV employees shall go on superannuation on attaining the age of 60 years.
(2) All employees going on superannuation under sub-section (1) shall be eligible to pension or gratuity or both in accordance with the pension rules applicable to the Government servants or equivalent rank subject, however, to the condition that for the pensionary benefits of the employees whose services are provincialised under the provisions of this Act the services of such employees, who have joined the service on regular appointment in the College receiving deficit system of grants-in-aid, shall be counted;
(a) in case such employees has joined the College subsequent to the date of this College receiving the grants under ad-hoc system of grants-in-aid from the date of his joining the service on regular appointment in the College receiving grants under ad-hoc system of grants-in-aid; or
(b) in case such employees has joined the College on regular appointment prior to the Institution receiving grants under ad-hoc system of grants-in-aid, from the date of this College receiving the grant under ad-hoc system of grants-in-aid;
(3) Any existing employees other than the Grade-IV employee who does not intend to go on superannuation on attaining the age of 58 years, shall have the option to continue 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 provincialisation, in which case he shall not be entitled to any pension or gratuity or leave encashment benefit.
(4) Any existing employee, other than Grade--IV employees, who does not intend to go on superannuation on attaining the age of 58 years but wants to continue till the completion of 60 years shall give on option in writing to that effect in the manner prescribed within a period of six months from the coming into force of this Act. Any employee who does not exercise such option in writing within the period specified shall be deemed to have opted for going on superannuation on attaining the age of 58 years.