Assam Venture Sanskrit and Pali Educational Institutions (Provincialisation of Services) Act, 2011
No: 8 Dated: Apr, 11 2012
THE ASSAM VENTURE SANSKRIT AND PALI EDUCATIONAL INSTITUTIONS (PROVINCIALISATION OF SERVICES) ACT, 2012
ASSAM ACT NO. VIII OF 2012
An Act to provincialise the services of the employees of the Venture Sanskrit and Pali Educational Institutions in the Slate of Assam and to restrict further establishment of such Educational Institutions in the State.
Preamble:- Whereas it is expedient to provincialise the services of the employees of the Venture Sanskrit and Pali 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-third Year of the Republic of India as follows:-
1. Short title, extent and commencement:- (1) This Act may be called the Assam Venture Sanskrit and Pali Educational Institutions ( Provincialisation of Services) Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come intoforce on such dale as the Stale Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of the Act or for different category of Venture Sanskrit and Pali Educational Institutions.
2. Definitions:- In this Act, unless the context otherwise requires,-
(a) “Deputy Director of Sanskrit Education” means the Deputy Director of Sanskrit Education and includes Assistant Director of Sanskrit Education;
(b) “Director” means Director of Higher Education, Assam and includes Additional Director or Deputy Director of Sanskrit Education or Assistant Director of Sanskrit Education;
(c) "Employee" means and includes all serving employees both teaching and non-teaching of Venture Sanskrit and Pali Educational Institutions who have been appointed by the Governing BodyZManagiag Committee of the concerned Venture Sanskrit and Pali Educational Institution before first day of January,2012 and whose services are being or would be considered for being provincialised under this Act;
(d) "Governing Body" means the Governing Body of Sanskrit College approved by the appropriate authority as notified by the State Government for carrying out the management of the college;
(e) “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;
(f) "Managing Committee" means the Managing Committee approved by the appropriate authority as notified by the State Government for carrying out the management of the concerned Venture Sanskrit and Pali Education Institution;
(g) “provincialised Sanskrit and Pali Educational Institution" or "Provincialised Sanskrit College" means a Venture Sanskrit or Pali Educational Institution or Venture Sanskrit College wherein the services of employees are provincialised or being considered to be provincialised under this Act;
(h) "prescribed" means prescribed by the rules made under this Act;
(i) "State Sanskrit Education Board" means the Assam Sanskrit Board, constituted under the provisions of the Assam Education Department. Rules and orders;
(j) “State Government" means the State Government of Assam in the Education (Higher) Department;
(k) "Scrutiny Committee" means the scrutiny committee constituted under section 10 of this A ct to recommend names of Venture Sanskrit and Pali Educational Institutions which are considered eligible for provincialisation of the services of the employees serving therein;
(l) "Sanskrit Education" means a system of special classical education in which lessons are imparted on the subjects of Sanskrit, Pali, Veda, Vedanta, Jyotish, Karmakanda, Kalap, Ratnamala, Panini, Mughdhabodh, Kavya, Mimangsha along with general subjects like Modem Indian Language, English, Mathematics, General Science, Social Science upto Secondary level, the syllabi, curriculum, and examination which are regulated by the Assam Sanskrit Board upto the level of Prayesika Examination, the second level is Madhyama and third level is Shastri (title);
(m) "Venture Sanskrit and Pali Educational Institution" means Venture Sanskrit Educational Institution such as Tol, Vidyalaya, Chotuspathi, Vidyapith and Sanskrit College or Venture Pali Educational Institution such as:- Tol or Vidyalaya, as the case may be, which have been established by the people of the locality before 1.1.2006 and which have received permission and recognition from the Assam Sanskrit Board before 01.01.2006 and which have not been provincialised under any Act enacted by the State Legislature sofar.
3. Eligibility criteria for selection of educational institutions for provincialisation of services of its employees:- (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Sanskrit and Pali Educational Institutions shall be eligible for being considered for provincialisaton of the services of its cmployees:-
(i) the Venture Sanskrit and Pali Educational Institutions which have been established by the people of the locality and had obtained the required permission and recognition from the Assam Sanskrit Board before 01.01.2006; and
(ii) it has a minimum enrollment of 20 students in Pravesika class which is equivalent to H.S.LC, and a minimum enrollment of 15 irudents in Shastri in Final Year Class as on the date of coming intoforce of this Act; and
(iii) the concerned educational institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination at the Pravesika and Shastri level must have passed in any three examinations held since 01.01.2006.
(2) The concerned educational institutions must have required infrastructure as specified in section 10 of the Assam NonGovernment Educational Institutions (Regulation and Management) Act, 2006.
(3) An Institution which does not have the required infrastructure specified in subsection (2) above, may be considered as eligible for provincialisation of the services of its employees, provided such institutions acquire the required infrastructure within two years from the date of commencement of this Act.
(4) Subject to the provisions of the Assam Non-Govemment Educational Institutions (Regulation and Management) Act, 2006, a Venture Sanskrit and Pali Education Institution which does not fu lfil the eligibility criteria as on the date of coming intoforce of this Act or does not acquire eligibility under sub-section (3) above within two years period as aforesaid shall not be eligible to be considered for provincialisation of the services of its employees, but may be allowed to nin as a Private Institution or a NonGovemment Educational Institution.
(5) Save and except an institution covered under Article 30 of the Constitution of India which Is already getting financial assistance, no other Venture Sanskrit and Pali Educational Institution shall be entitled to get any aid or assistance from the State Government in any form with effect from the date of coming intoforce of this Act.