(1) 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.
(2) To adjudicate disputes for redressal of grievances relating to the teaching staff of the Non-Government Educational Institution as well as disputes concerning disciplinary action, genuineness of establishment of school and claim for provincialisation in respect of teaching staff of Venture Educational Institution, there shall be an Educational Tribunal for each district within their respective Territorial Jurisdiction. The District and Sessions Judges and the Additional District and Sessions Judges of each District are designated as Educational Tribunal.
Power of 20.
interpretation and removal of difficulties.
Creation of 21.
personal post and maintenance of reservation policy.
(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 and the rules framed thereunder, which appear to be necessary or expedient for the purpose of removing the difficulty.
(1) For the purpose of provincialisation of services of the teachers and tutors under this Act, the Government shall create and sanction such number of ex-cadre posts which shall be personal to the incumbents. These personal posts shall stand abolished on cessation of the services of the teachers for any reason whatsoever including retirement, resignation, death etc. Since these are personal as well as ex-cadre posts, the present cadre strength of the concerned service shall not be impacted in any way due to creation of these posts.
984 THE ASSAM GAZETTE, EXTRAORDINARY, APRlL 11 ,2017
(2) The Administrative Department may retain the posts of any Educational Institution provincialised under 'this Act, after cessation of the services of the teachers which may be deemed to be necessary to run the institution.
(3) The posts so retained as per sub-section (2), shall be en-cadred in appropriate cadre and shall continue as permanent posts.
(4) While making retention of posts under sub-section (2) and in creating additional posts as may be required under this Act, the prescribed percentage of reservation for Scheduled Castes and Scheduled Tribes and other reserved categories, as applicable under the relevant Acts and rules, shall be maintained.
Creation of fund 22.
Power to make rules .
23.
The State Government shall create a special pool of fund to facilitate implementation of the provisions of this Act in consultation with the Finance Department of the Government of Assam in due course of time.
(1) The State Government may , by notification published in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-
(i) prescribing service conditions and specifying the duties and responsibilities of all teachers whose services have been provincialised under this Act;
(ii) preparation and maintenance of service records of the teachers whose services have been provincialised;
(iii) for management of the educational institutions;
(iv) specifying the powers, duties and responsibilities of the Managing Committee or Governing Body of the educational institutions;
(v) prescribing the scope of work , emoluments and remuneration, and other terms and condition of service of tutors provincialised under this Act .
(3) All rules made by the State Goverrunent under this Act shall , as soon as may be after they are made, be laid before the Assam Legislative Assembly while it is in session, for a total period of not less than fourteen days which may be comprised in one THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 session or two or more successive sessions and shall, unless some later date is appointed, take effect from the date of their publication in the Official Gazette subject to such modifications or annulments as the Legislative Assembly may, during the said period agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.
985 Repeal and savings .
24. The Assam Venture Educational Institutions (Provincialisation of Services) Act, 2011 as amended vide the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2012 and the Assam Venture Educational Institutions (Provincialisation of Services) (Amendment) Act, 2013 , which have been struck down by the Hon'ble Gauhati High Court vide order dated 23.09.2016 in WP(C) No.
3190/2012, and all rules, orders, notifications issued thereunder, shall stand repealed, however, all the teachers whose services were provincialised prior to 23.9.2016, shall continue and their cases shall be reviewed as per the eligibility norms set forth for provincialisation under this Act.
Schedule [See section 8(3)] Fixed salary admissible to a Tutor Assam Act No.
XVII of 2011 ;
Assam Act No.
XXI of 2012;
Assam Act No.
xx of 2013 Category of post held by the employee Fixed salary Fixed sal~ Category of for 1st to 2nd for 3rd to s' Institution in the institution prior to year. year.
provincialisation (in Rs) (in Rs) Principal 36000 40000 Degree College Assistant Professor 27000 30000 Principal 20700 23000 Junior College Lecturer 16200 18000 Demonstrator 14400 16000 Higher Secondary Subject Teacher 16200 18000 School Demonstrator 14400 16000 986 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 ,2017 Headmaster/Superintendent 16200 18000 Asstt. Headmaster/ 14400 16000 Asstt. Superintendent High School!
Graduate Teacher (BAIB.Com/B.Sc) High Madrassa 12600 14000 Sr. Hindi Teacher 12600 14000 Music Teacher/ Classical Teacher 12600 14000 Craft Teacher 9900 11000 Headmaster 12150 13500 Upper Primary Assistant Teacher 10800 12000 School (ME SchoollME Graduate (Science & Mathematics) 11700 13000 Madrassa) Teacher Hindi Teacher /Arabic Teacher 10800 12000 /Language Teacher Primary School Assistant Teacher 10800 12000 (L.P School) S. M. BUZAR BARUAH, Commissioner & Secretary to the Govt , of Assam, Legislative Department, Dispur, Guwahati-6.
Guwahati ;- Pr inted and Publis hed by the Dy. Director (P & S), Directorate of Printing and Stationery, Assam , Guwahati-2 1.
Extra Gazette No. 275 - 200 + 10 - 11 - 04 - 20 17.
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