Assam Junior College Education (Provincialisation) Act, 1996
No: 3 Dated: Mar, 26 1996
THE ASSAM JUNIOR COLLEGE EDUCATION (PROVINCIALISATION) ACT, 1996
[Act No. 03 of 1996]
An Act to provide for provincialisation of the services of teaching and non-teaching employees of certain Junior Colleges in the State of Assam.
Preamble:- Whereas it is expedient to provincialise the services of the teaching and non-teaching employees of certain Junior Colleges 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 Junior College (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 there is anything repugnant in the subject or context--
(a) "appointed day" in relation to a Junior College means the date from which the services of the employees of the Junior College are provincialised under Section 3 or Section 7 as the case may be;
(b) "concurrence" means the concurrence issued by the Government by notification;
(c) "Council" means the Council for Higher Secondary Education established under the Assam Higher Secondary Education Act, 1984;
(d) "Director" means the Director of Secondary Education, Assam;
(e) "employee" means a person in the teaching or non-teaching employment of a Junior College working against a regularly sanctioned post as per standard staffing pattern and whose appointment has been approved by the Government of Assam;
(f) "Governing Body" means the Governing Body of the Junior College;
(g) ''Government" means the Government of Assam in the Education Department;
(h) "Junior College" means a college which have received the concurrence of the Government as such college for giving instructions in plus two stage and preparing students for Higher Secondary School Leaving Certificate Examination but does not include a college that has received the permission to open degree classes;
(i) "Official Gazette" means the Official Gazette of the Government of Assam, namely the Assam Gazette;
(j) "prescribed" means prescribed by the rules made under this Act;
(k) "President" means the President of the Governing Body;
(l) "provincialisation" means taking over the liabilities for payment of salaries including dearness allowance, medical relief and such other allowances as admissible to the Government servants 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; and
(m) "Schedule" means the schedule appended to this Act.
3. Employees to be Government servants:- Subject to the provisions of Articles 30 and 309 of the Constitution of India all employees of the Junior Colleges specified in the Schedule which have received the concurrence of the Government as Junior College shall be deemed to have become the employees of the Government on and from the date of coming into force of this Act on 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 Junior College;
(b) all employees shall be entitled to such emoluments as salary and allowances etc. as admissible to them:
Provided that no employee shall get as emoluments any amount which is less than the amount he was lawfully getting immediately before the appointed day.
(c) services of all employees shall be encadred in appropriate cadres in accordance with the rules as may be prescribed by the Government for this purpose;
(d) the inter-se-seniority of the employees of a cadre or class shall be determined on the basis of the rules that may be prescribed by the Government.
4. Superannuation and pension etc. :- (1) Notwithstanding anything contained in the preceding section all employees other than Grade IV of a Junior College coming within the purview of this Act shall, on attaining the age of 58 years, go on superannuation and the 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 of 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 any such employees with effect from the date of concurrence shall be counted.