Assam Junior Colleges (Provincialisation) Act, 2012
No: 15 Dated: May, 19 2012
Amendment:- Assam Junior Colleges (Provincialisation) Act, 2017
Assam Junior Colleges (Provincialisation) Act, 2012
(Assam Act No. 15 of 2012)
An Act to provincialise certain Junior Colleges which were brought under the deficit system of grants-in-aid in the State of Assam.
Preamble:- Whereas it is expedient to provincialise certain Junior Colleges which were brought under the deficit system of grants in-aid ;
It is hereby enacted in the Sixty-third Year of the Republic of India as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the Assam Junior Colleges (Provincialisation) Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come into force at once.
2. 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 Colleges 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 Government;
(c) "employees" means and includes all existing employees both teaching and non-teaching, working in a Junior Colleges 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 Colleges duly constituted under sub-section (2) of section 7 of this Act and approved by thy Director for carrying out the management of the Junior Colleges;
(e) "Junior Colleges" 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;
(f) "prescribed" means prescribed by the rules made under this Act;
(g) "President" means the President of Governing Body of a Junior Colleges 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, sdve and except the pension of the employees appointed or coming 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 Colleges by the State Government with due approval of the Finance Department.
3. Employees to be Government servant. - Subject to the provisions of Article 30 of the Constitution of India, all existing employees both teaching and non-teaching of the 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:
Provided that the services of the employees appointed after the date of coming the Junior Colleges under deficit system of grants-in-aid, shall be counted with effect from the respective date of their joining in a valid sanctioned post.
4. Vesting of Land, Building and other properties. - The Land, Building and other properties owned or held by Junior Collages coming within the purview of this Act and the services of whose employees are provincialised under section 3 shall vest in the State Government.
5. Terms and conditions of service. - (1) Subject to the provisions of this Act and the rules made thereunder, 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 all employees shall be encadred in appropriate cadre in accordance with the Service Rules as may be framed by the State Government for this purpose.
(4) The inter-se-seniority of the employees of a cadre or class shall be determined Junior Colleges-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 governed by the Service Rules as may be made by the State Government.
6. Superannuation and Pension etc. - (1) Notwithstanding anything contained in the preceding sections, all employees of a Junior Colleges 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 Colleges brought under the deficit-system of grants-in-aid, shall be entitled to pension and other pensionary benefits 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 Colleges was brought under the deficit system, of grants-in-aid:
Provided that the services of the employees appointed after the date of coming the Junior Colleges under the deficit system of grants-in-aid shall be counted with effect from the respective date of their joining in a valid sanctioned post.
(5) The employees who retired or died, as the case may be, prior to the date of coming in to force of this Act but appointed against a valid sanctioned vacant post before 01.01.2005, shall be given only superannuation pension or the family pension, as the case May be, as may be applicable under the existing Pension Rules of the State Government and they shall not be entitled to any other pensionary benefits.
7. Management of Junior Collages. - (1) With effect from the date of coming into force of this Act, the administration, management and control of all the Junior Colleges coming within the purview of this Act, shall vest in the State Government.
(2) There shall be a Governing Body for each Junior Colleges to be constituted in such manner and following such procedures, consisting of such number of members possessing such qualification as may be prescribed.
Provided that the existing Governing Bodies of the Junior Colleges which are now under the deficit system of grants-in-aid would continue to function till the time these are reconstituted under the rules and shall exercise the powers and perform the functions till they are replaced by a Governing Body duly constituted under the rules prescribed :
Provided further that the power of Governing Body shall not include power to appoint or engage any staff, teaching or non-teaching, or to allow the engagement without a post duly sanctioned by the. State Government unless the power to engage or make an appointment is explicitly delegated by the State Government or unless regular rules relating to recruitment are framed by the State Government.
(3) The employees, whose services have been provincialised, shall be accountable and remain subject to the disciplinary control of the Appointing Authority.
(4) Subject to overall control and supervision of Governing. Body, all employees, whose services have been provincialised under this Act, (4) shall render their services under the control and supervision of the Appointing Authority.
8. Power of interpretation and removal of difficulties. - (1) If any difficulty arises in interpretation of any provisions of this Act the interpretation of the State Government shall be final.
(2) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order, do anything not inconsistent with the provisions of this Act, which appear to be necessary or expedient for this purpose of removing the difficulty.
9. Delegation of Powers. - (1) The State Government may, by an order, delegate all its powers except the powers conferred under sections 9 and 10 of this Act t the -Director or to an InspeCtor of Schools or any other authorities as may be specified therein.
(2) The Officer or Authority to whom the powers are delegated under sub-section (1), shall exercise the same subject to overall superVision and control of the State Government and subject to such limitation as may be specified by the State Government.
10. Suits and Proceedings. - No suit, prosecution or other legal proceeding shall lie for anything in good faith done under this Act, except with the previous sanction of the State Government.