Assam Secondary Education (Provincialisation) Act, 1977

No: 19 Dated: Dec, 12 1977

THE ASSAM SECONDARY EDUCATION (PROVINCIALISATION) ACT, 1977

ASSAM ACT No. XIX OF 1977

    An Act to provide for the provincialisation of Secondary Education covered by the Deficit Scheme of the Government of Assam.

    Preamble. - Whereas it is expedition to provincialise Secondary Education covered by the Deficit Scheme of the Government of Assam for its improvement and for better control and management of such education in the State of Assam ;

    It is hereby enacted in the twenty-eighth year of the Republic of India as follows :

1. Short title, extent and commencement. - (1) This Act may be called the Assam Secondary Education (Provincialisation) Act, 1977.

(2) It shall extend to the whole of the State of Assam except the autonomous districts :

Provided that the State Government may, in consultation with the District Council of any autonomous district extend this Act to that autonomous district by a notification published in the Assam Gazette.

(3) It shall come into force on the first day of October, 1977.

2. Definitions. - In this Act unless there is anything repugnant in the subject or context-

(i) "appointed day" in relation to any area means the day on which this Act comes into force in that area ;

(ii) "date of appointment" means in relation to any employee, the date on which he joined the service of a school imparting Secondary Education on and from the date of its coming under ad hoc system of grants-in-aid;

(iii) "deficit school" means a school receiving grants from the State Government under the Deficit Scheme of Grants-in-aid ;

(iv) "Director" means the Director of Public Instruction, Assam, or when specifically appointed by the State Government, the Additional Director of Public Instruction, Assam ;

(v) "employee" means a person in the employment of a school working against a regularly sanctioned post and whose appointment has been approved by the school authority wherever such approval was necessary;

(vi) "existing employee" means an employee who is, on the appointed day, in the regular pay roll, employee against regular sanction and whose appointment has been approved by the school authority ;

(vii) "Inspector" means, in relation to any secondary school, the Inspector of Schools under whose jurisdiction the school is situated ;

(viii) "Managing Committee" in relation to any school means the Managing Committee approved by the State Government and functioning on the appointed day;

(ix) "Prescribed" means prescribed by rules made under this Act ;

(x) "secondary education" means education imparted up to Class XII in different types of schools including Middle English Schools, Middle Madrassas, High Madrassas, and Higher Secondary Schools ;

(xi) "secondary school" means a deficit school where the secondary education is imparted ;

(xii) "school authority" means the "Director" or "Inspector" whose approval is necessary for the appointment regularisation of the appointment of an employee of a secondary school.

3. Employees to be Government servants. - Subject to the provisions of Article 30 of the Constitution of India, on and from the appointed day all employees of all secondary schools in the State of Assam shall be deemed to have become employees of the State Government of Assam with effect from the date of appointment on the following terms and conditions :

(1) All rules including service rules and rules of conduct and discipline which are applicable to Government servants of corresponding ranks shall be applicable to all employees.

(2) All employees shall get such emoluments as salary and allowances as may be prescribed :

Provided that no employee shall get as emoluments any amount which is less than the amount he was getting immediately before appointed day.

(3) Services of all the employees shall be encadred in appropriate cadres in accordance with the rules framed by the State Government for this purpose.

(4) The inter-se seniority of the employees of a cadre or class shall be determined on the basis of principles laid down in the rules framed under this Act.

4. Superannuation and pension etc. - (1) Notwithstanding anything in the preceding section all employees other than Grade IV employees of a Secondary School coming within the purview of this Act shall, on attaining the age of 60 years.

(2) All employees going on Superannuation under the preceding sub-section shall be eligible to pension or gratuity or both in accordance with the Pension Rules applicable to the Government Servants of equivalent rank. In such a case the employer's contribution along with accumulated interest thereon made towards the Provident Fund of the existing employee concerned before such annuation shall be paid back to and recovered by the State Government of Assam.

(3) Any existing employee, other than the Grade IV employees, who does not intend to go on superannuation on attaining the age of 58 years shall have the option to continue up to the completion of the age of 60 years under the same terms and conditions which were applicable to him before the appointed day in which case he shall not be entitled to any pension or gratuity.

(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 given an option in writing to that effect in the manner prescribed within a period of three months from the appointed day. Any existing employee who does not give such option in writing within the date specified above shall be deemed to have opted for going on superannuation on attaining the age of 58 years.

5. Functions of Managing Committees. - (1) The administration, management and control of all employees of all secondary schools coming within the purview of this Act shall vest in the State Government from the appointed day.

(2) The Managing Committees on such secondary schools shall exercise such functions, as may be specified by the State Government or under the rules made under this Act until such Committees are either reconstituted or replaced under the rules prescribed.

6. Suits and proceedings. - No suit, prosecution or other legal proceedings shall lie for anything in good faith done under this Act except with the previous sanction of the State Government.

7. The State Government may, by notification published in the official Gazette, make such rules as may be necessary for provincialisation of services of employees of other schools not falling within the purview of this Act.

8. Power to make rules. - (1) The State Government may, by notification published in the official Gazette, make rules for giving effect to the provisions of this Act.

(2) Without prejudice to the generality of the foregoing provision, the State Government may make rules to provide for all or any of the following matters, namely :-

(i) fixation of the powers, duties and responsibilities of all employees of the secondary school;

(ii) the manner in which option shall be exercised under the provisions of Section 4;

(iii) the manner in which the contribution made towards the provident Fund of an employee shall be paid back to and recovered by the State Government ;

(iv) preparation and maintenance of service records of employees ;

(v) for the management of the secondary schools.

(3) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if, before the expiry of the session in which it is so laid or the session immediately following, the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be to no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

9. Power of interpretation and removal of difficulties. - (1) If any dispute arises about the interpretation of any provision 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 Governor may by order do anything not inconsistent with the provisions of this Act which appear to him to be necessary or expedient for the purpose of removing that difficulty.

(3) Every order made under the preceding sub-section shall be laid before the Assam Legislative Assembly in the manner laid down in sub-section (3) of Section 8 above.

10. Repeal and savings. - (1) The Assam Secondary Education (Provincialisation) Ordinance, 1977 (Assam Ordinance No. V of 1977), is hereby repealed.

(2) Notwithstanding such repeal, any order passed, any notification issued anything done or any action taken under the Ordinance so repealed shall be deemed to have been passed, issued, done or taken under the corresponding provisions of this Act.