Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011
No: 17 Dated: Sep, 05 2011
THE ASSAM VENTURE EDUCATIONAL INSTITUTIONS (PROVINCIALISATION OF SERVICES) ACT, 2011
ASSAM ACT NO. XVII OF 2011
An Act to provincialise the services of the employees of the Venture Educational Institutions in the State of Assam and to restrict further establishment of such Educational Institutions in the State.
Preamble:- Whereas it is expedient to provincialise the services of employees of the Venture Educational Institutions in the State of Assam and to restrict further establishment of such educational institutions in the State;
It is hereby enacted in the Sixty-second Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint end different dates may be appointed for different provisions of the Act or for different category of educational institutions.
2. Definitions:- In this Act, unless the context otherwise requires,-
(a) “Assam Higher Secondary Education Council” or “AHSEC” means the Assam Higher Secondary Education Council constituted under the provisions of Assam Higher Secondary Education Act, 1984;
(b) “Block Elementary Education Officer” means the Block Elementary Education Officer in the concerned Block;
(c) “Board of Secondary Education, Assam” or “SEBA” means the Board of Secondary Education, Assam constituted under the provisions of the Assam Secondary Education Act, 1961;
(d) “Deputy Inspector of Schools” means the Deputy Inspector of Schools in the concerned Sub-division;
(e) “Director” means the Director of Elementary Education in case of a Primary or a Upper Primary School; Director of Secondary Education in case of a High school or a Higher Secondary School or a Junior College; and Director of Higher Education in case of a Degree College :
Provided that in case of amalgamated High or Higher Secondary Schools, where primary or upper primary education is also imparted, the Director would mean the concerned Director in respect of the teachers and matters concerning their service conditions and emoluments but for the purpose of administration and all other purposes the Director would mean the Director of Secondary Education;
(f) “District Elementary Education Officer” means the District Elementary Education Officer of the concerned district;
(g) “District Scrutiny Committee” means the District Scrutiny Committee constituted under section 10 for each District to recommend names of Venture Educational Institutions which are considered eligible for provincialisation of the services of the employees serving therein;
(h) “Employee” means and includes all serving employees both teaching and non-teaching of Venture Educational Institutions who have been appointed by the concerned Venture Educational Institution before the 1st day of January, 2011 and whose services are being or would be provincialised under this Act;
(i) “Governing Body” means the Governing Body of a College or a Junior College approved by the appropriate authority as notified by the State Government, for carrying out the management of the College or the Junior College, as the case may be;
(j) “State Government” means the State Government of Assam in the concerned Education Department i.e. Education (Elementary) Department in case of Primary and Upper-Primary Schools, Education (Secondary) Department in case of Secondary, Higher Secondary Schools and Junior Colleges, Education (Higher) Department in case of Degree Colleges;
(k) “Inspector of Schools” means the Inspector of Schools in the concerned district and unless the context otherwise requires, it includes an Assistant Inspector of Schools of the same district;
(l) “Managing Committee” means the Managing Committee constituted under the provisions of Right of Children to Free and Compulsory Education Act, 2009 or the rules made thereunder in the case of a Primary or Upper Primary School and in case of High School and Higher Secondary School, the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management of the concerned educational institution;
(m) “Provincialised School” or ‘Provincialised College” means a Venture Educational Institution wherein the services of employees are provincialised under this Act;
(n) “University” means the affiliating University in the state, namely; the Gauhati University, the Dibrugarh University, or the Assam University, as the case may be;
(o) “Venture Degree College” means a Degree College imparting education beyond Higher Secondary stage established by the people of the locality prior to 1.1.2006 and which has also received affiliation from the concerned University and concurrence from the State Government on or before 1.1.2006 and not provincialised under any Act enacted by the State legislature so far;
(p) “Venture High School” means High School including a High Madrassa imparting education upto class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and not provincialised under any Act enacted by the State legislature so far;
(q) ’’Venture Higher Secondary School” means a Higher Secondary School imparting education upto Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government prior to 01.01.2006 and not provincialised under any Act earlier enacted by the State legislature so far and it includes a Junior College established by the people of the locality prior to 1.1.2006 which has received concurrence from the Government and permission from the Assam Higher Secondary Education Council on or before 01.01.06;
(r) “Venture ME School” including “ME Madrassa” means an Upper-Primary School imparting education upto Class VID and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 01.01.2006 and not provincialised under any Act enacted by the State legislature so far;
(s) “Venture Primary School” means a Primary School imparting education upto Class V and established by the people of the locality prior to 1.1.2006 and not provincialised under any Act enacted by the State legislature so far;
(t) “Venture Educational Institutions” means and includes Venture Degree College, Venture Higher Secondary School, Venture High School, Venture ME School and Venture Primary School situated within the State of Assam.