.. Registered No. A·l~ The Assam Gazette '!flTilfF{Cf EXTRAORDINARY PlJBLISHED BY AUTHORITY.
- - -------- ----;i, 46 ~'!.... ~~~, 26 ~n5', 1996, 6 "''~ 1918 (llf<11) N:}. 46 Dl~ i)ilt, Tuesday, e6th March, 1996, .. 6th Chaitra · 1918 (S. B.) ---·-- ------- GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE, DEPARTME:'-.! T: LEGISLATIVE BRANCH ' NOTIFICATION .
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The 26th March, 1996 - ~r No~ LGL. 192/95/61.:_The ·following Act of the Assam Legislative Assembly wbici received t]f e assent of the · Governor is hereby publlshed for general information.
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292 THE ASSAM GAZETTE. E~TRAORDINARY. MAR. 26, 1996 . ASSAM -ACT NO 1v -0F 1996 (Received the Assent of the · Governor on 26th March- I 996) THE ASSAM . . 0LASS! CAL - INSTITUTIONS (SANSKRIT · AND PALI-PRAKRIT) .(PROVINGIALISA TION) ACT; 1996 AN . .: .
. ACT to provide for provinci~Jisation of ~ctvices ' of teaching and non-teaching staff of Classical (Sanskrit and Pali-Prakrit Institutions and th_c -Assam Sanskrit Board in the State of Assam Pieamb!e. WJ:lereas it is expedient to provide for provin- - cialisation ~f services of teaching and non-teaching staff of Classfoial (Sanskrit and Pali-Prakrit) Ins -titutions for its _improvement and for better management and control of such Education in the · State · of '.Assam.
It is hereby enacted in the Forty-seventh · Year of the Republic 9f India as .follows :- Short title. 1. (1) This Act m~y be. ·called the extent alilcd . ':A.ssam elassical l Institutions (Sanskrit and Pali-commen e - · ment. Prakrit) (Provincialtsation) Act, 1996,
(2) It extends to the whole of Assam .
. (3) It .shall be deemed to have come into-force ·on such cfate 6n 'which the Assam Classtcal - Institutions (Sanskrit . and Pali-Prakrit) 1 , ·(Provincialisation) Ordinance, 1995 came · · · . into force. . " · Deffuiti; ns. · 2. Tn ihls Act, linless the 'Context dtlfor- . ' Wise requires : _ _
(a) "appointed day" in relation to the provi sions of -s~·ction 3 meaI)s the date on which the Assam Classical Institutions ($anskrit andi?ali-Prakrit) (Provincialisa tion) Ordinance, _ 1995 came into · force 'and . in 'telation to sec tion 7' the date ·from . whicn the service of 'the employees of an eligible institution are provincialised under the provisions of this Act;
(b) "Chairma~' mea~s the Chairman o:ll the Board appointed by · the Government 0:£ Assam in Education Department;
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THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26, .1991i, 293 I • -
(c) "Classical lnstitutiQD$'~ :means .. the up : . gradeq Sanskrit anq Pali-prfikrit. ·,Tols in . ~ssam in~luding - Nalbad Sanskrit College; · ,, · · - ' -
(q) 11Employee~· means a person in the teach- . ing · or non-te~cl)ing employment · in a 'Classical Institutio;n or Assam Sanskrit Board workihg . ag~inst ~a- regular sanctione.d I>PSf as p~:r standard staffing P.att~rn and· whose appointm~nt has been ap:P.r.o:v~d by th_.e . Deputy Director of Sans!trit Edµcat~on, Assam ;
(e) 11existing emplq;ye~'. ' m~ans an employee who is on the . a,ppointed dav in . the regu lar pay roll, employed against regular sanction as per standard staffing pattern and wh9se appointment has been approv ed by the Deputy Director. of Sanskrit EducaUon, Assam. ~
(f) "Goverruiig a-ody/Managing. Committee'' in relation to N albari Sanskrit College means the Governing Bodv and in rela tion. to ot'1er Classical li;i.st~tutions · means .the Managing Pommitiee ·as constituted by the-:'Gc;werni:nerit:
(g) ''GOverrtincnt"means the Government of Assam ;
(h) ''Institution'' me11ns a Classical Institution or ' the . Ass~ril Sanskrit . Beard; , ·
(i) ' 'Offici~f Q-~zette" means .the ·Official .Gaze.tte of the Government of Assam, ;namely · the Assam Gazette. ·
(j) "Pr~scribed~! means pte,scrib~d by rules made unqet.) his . Act .; . . . ' .
(k} . "Pto~incialis~tiOn'~ . means ~king over the liabilities for · payment of ~&hides including dearnes~ allowat;J;_ce, ,medic~} relief and _such other allowances ·as admissible to the O overn meni~ervants Of_SiJtlilar .c.ri'!eg?ry and gratuity, pen~i<?'n, le~vc e~c~_shm~nt, etc., as admissible under the existing rules to. the Government ser vJt.nts .. serY.ihg t\nder the Government of Assam ;
U) "Sansk.rjt Board~~ .means the board constituted by ft\l~ . GOvernIJ.lent of Ass~ in Education Dcp~tm.~nt. ; . · ..... !f ... ,.
'' I 294 TliE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26, -- 1996
(m) ''Secretary" means the Deputy Director of · Sanskrit Education, Assam who shall be the Ex-Officio Secretary to the · Sanskrit Board. · Bmptoyees 3 Sµ bject to the provisions of Articles 30 and to tho Gover- • f nment acr· 309 of the Constitution - o India, all employees ants. of · upgraded Sauskrit and Pali-Prakrit · Tols, Nalbari Sanskrit College or Assam Sanskrit Board cevered by deficit. scheme of grants-in-aid under Gov~rnment of Assam shall·be deemed to . have become thy employees of the Government on and from the appointed day on the , - following terms- and conditions, namely:-
(a) all rules including service ru1es and rules of con duct and discipline, which are aFplicable to the Government servants of corresponding grade, .similarly placed, shall be applicable to all : employees of_ the ClassiCal Institutions and Assam Sanskrit Board;
(b) all employees sh£11l be entitled to such emolu ments as salary and allowances, etc., as admissi ble to- th_em: - '
Provided th at, no employee shall g-tt as emc luments 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 1n appropriate cadres in accordance with the rules as may be prescribed by ·the Government for this purpose;
(d) the inter-se-seniority ofthe employees of a cadre or class shall be determined on the basis of the rules as may be pr~scribed by the Government.
Superannua tion and pon sioµ, etc. '
4. (1) Notwithstanding anything contained in the proceedin1 section, all employees other than Grade IV employees of Classical lnstitu tions or Assam Sanskrit Board coming within the purview of this Act shall, on attainin.g the age of 58 years, go on superannuation, and · the Grade IV emplo yees shall g·o .on superannuation on attaining the.'age of 60 years.
/ THE ASSAM GA~ETTE. EXTRAORt/INARY. MAR.26, 1996! 295 -;z - ;-,- -
(2) All employees eligible to go on superannu ation under sub-section (1) shall be eligible to pension or gratuity or both inaccor dance with the pension rules applicable to Government servants of equivalent rank subject, however, to the condition that for the pensionery penefits of the employees whose services are provincialised tinder the provisions of this Act~ the services of any such employees shn 11 be counted - .
(a) in case such employee has joined the Insti tution. subsequent to the date of this Insti tution receiving the grant under ad-hoc system of grants-in~aid, from the date of his joining the service · on regular appointment in the Institution receiving grants under · ad-hoc system of grants-in·aid ; or ~b) in case· such employee had joined the insti tuti'm on regular '. appointment prior to the institution receiving grant under the ad-hoc system of grants-in-aid. from the date of this institution receiving grant under ad· hoc system of grants-in-aid.
(3) Any existing employee other than the Grade IV employee who does not intend ~ to go on superannuation on attaining the · age 9f 58 years shall have the option to continue the 'upto the completion of the age of 60 years under the same terms and conditions, which were applicable to him immediately before the date of provincialisation. , S.uch existing employees other than a Gra~e IV employee who does not intend to go orr supera nnuation on attaining the ag~ .58 -years but wants to continue till the completion of 60 years shall intimate the same in writing to the Deputy Director of Sanskrit Education, Assam· within a period -
(a) Which shall be 3 months from the date of publication of the Assam classical · Institutions (Sanskrit and Pali-Prakrit) (Provincialisation) Ordina.
nee, 1995 in the Official Gazette in case of any institu tions whose · employees services are provincialised with effect from the date of · commencement of the Assam Classical IQ.stitutions (Sanskrit and Pali-Prakrit) (Prcvincialisation) Ordinance, 1995 under the provi sions of section 3 ;
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29.6_. THE; A,~SAM GAZET';l'E. E;~TRA.OEDI?jA~Y: MA~_: t6, !~~~ - --- - -- -·- --- --,--·
(b) Which sh~ll be 3 mopths . from the date of pr.ovincialisation in case of any iristitution who!'e employees· servi~es are provincialised under the provision of section 7 :
Provided that in . the absence of any such inti mation in writing, every existiµg employee, other than the Grade IV employees _shall be deemed to ~ave opted for going on super.apnuation on attain- ·tng the age of 58 years. . - Goycrnment to t ake over institutions and employ• .
5. (1) W~th effect from the app~jpted da)', ~he admi- .
· mstration management and control of all employees of all institutions, · the services of ·whose employees are provincialised under ee3 thereof the provisions of section 3 or section 7, as the case may he, shall vest in the Go vernment and the Managing Committee or the Governing Body, as the case may be, of such i:i;i.stitutions . shal) ~xercise such func- .
tions as may be specified hy the Govern ment or · under the rules made under this Act, until · such Managing Commi ttee or . the Governing Body, as the case · may J>e , _is .ei_ther reqgn_stituted or replaced qndcr the rul,es prescribed.
(2) The selecJion for recruitment · to any post te~ching or non-teaching in the Classical Institution except the post _of Principal and/or Pradhan Adhyapaka shall be made by Selection -Board ·-Which shall be con stituted by the Presidt(nt of the Managing Committee or the :GQver~ning Body as the case may be, of the . Cla~sicti;l · Institution as stated below .:-
(i) President of the Governing ·Body} :--Chairman / Managing Committee 9f . the.:. · Classical Institution,
(ii) Ptincipal/Praqhan AQhyapak•-
(iii) Two a cademjc~ans to be selected by the GoverJJ.ing Bcdy/M an~ging Committee. · Member Secretary Members THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26 1996, 291 ' .
(iv) Two members to be selected by- Members Governing Body /Managing Com- . mittee from amongst the Governing Body/Managing Committee.
'(v) Oµe represcntativ.e to be nomi- - Member nated by the Deputy Director of Sanskrit Education, Assa m.
(3) The selection for appointment to the post o Principal/Pradhan Adhyapaka shall be made by State · Selection Board which shall be constituted by the Government as stated below: --
(i) Chairman, A~sam Sanskrit Board-Chairman tii) Deputy Dire.ct or of Sanskrit- Mem her- · Education, Assam. Secretary I (iii) ·one Scholar of Sanskrit to be - :Member .
nominated by the Deputy Director of Sanskrit -Education, Assam.
(iv) One expert from secular subject - Members to be nominated by the Deputy Director of Sanskrit Education, Assam.
(v). One Seniormost;Principal/Pradhan - Member Adhyapaka to be nc,minated by · . the Deputy Director of Sanskrit E<luca tion, Assam.
(vi) Two m~mbers from the]:Assam- Members Sanskrit -Boafd. - , 'suits and 6. No suit, prosecution or other legal procee Procecdings. ding shall be filed for anything dcne in good faith under this Act except with · the previous ·sanction of tlie Government.
Provincialisa- 7. The Government. may, by notification in tion .or ' newthe Official Gazette, · provincialise on the same .
~~~:~~ns. terms and conditions as provided in sections 3 and 4 of this A ct the services of the employees .... of the Classical Institution which may be recognised after tliis Act ha-; come into force .
'Power to 8. (1) The Government may;by notification in the make rules official Gazette make rules for c.u rying out the provisions of this Act.
-. - · (2) Every rules ·made . under this section shall, as soon as may be after th@.Y are made, be laid before the Assam - 298 THE ASSAM GAZETTE. EXTRAORDINARY. MAR. 26, 1996 Legislative Assembly, while if 'is jn ses_sion, for a total period of not less than. '"fo~rteen days which may be com prised in one se111ion or two or more suecessive sessions, and before the exp iry of , the session in which it is so laid or the session immediately .follow ing the Assam Legislative Assembly agree -that the rules should not be.
madef the rules shall thereafter have effect . only in. such modified form of be of no effect , as the case may be;
so, however that any such modifica t ion or annulment , sh all be without prejudice to the validity of anything previously done under that rules.
Power of 9. ( 1) If any difficulty arises in the interpreta ~~i~~pra~d . tio~ of any provisions ,_ ofh t 1 h 1 isb Act t 1 he interpre removal of tatlon of the Government s a . e fina .
difficulty (2) If any difficulty arises in giving effect to the provisions of this ACt.· the Governor may by ord.er do anything not inconsistant with the provisions of this Act which appear to him to be necessary or expedient for the purpose of removing the difficulty.
(3) Every order made under sub- section
(2) shall be laid before the Assam · Legislative Assemb1y in the manner laid down in sub:-section (2) of section 8.
Vesting of d 1a11d build- 10. The land, buil ings or f.lny other property ngs anct owned by the Cla-.,sical Institutions whose employees, oiher pr p • .1. h .
perties. services are provincta ised as per t e provisions o this Act shall continue to be owned by the respective Institution after such provincialisation.
Repeal and 11. (1) The Assam Classical Insti tutions Ordinance saving (Sanskrit and Pali-Prakrit) (Provincialisation) 1t99J0 r Ordinance, 1996 is hereby repealed. ·
(2) No twithstanding such repeal anything done or any action taken under the Ordinance so repealed shall be deemed to have heen done or taken under the correspon.ding provisions of this Act.
M. K. DEKA, i/c. Secy.
to the Govt. of Assam. Legislative Deptt.
GUWAHATI- Printed & Published by the Dy. Director (P.&S.), Directorate ef Ptg. and Sty., Assam, GHY- 21 (Ex-Gazette) No. 91-740-409·27·3·1996·