Amendment status not verified — confirm the current text below against the official source.
In this Act, unless the context otherwise requires, - (a) "College" means any Non-Government College in Assam in receipt of deficit grants-in-ai~ from the Government and imparting general education in Arts, Commerce or Science stream in Graduate level ; (b} "employee" means an employee ofa College both teaching or non-teaching appointed substantively against a sanctioned post; ( c) "existing employee" means an employee of a College both teaching and non-teaching appointed substantively against a sanctioned post and who is or has been in service on or after the 1st day of January, 2005; ( d) "Governing Body" means the body constituted by the Government in accordance with the provisions of the Assam Non-Government College Management Rules, 2001 ; ( e) "Government" means the Government of Assam; (f) "provincialisation" means taking the liabilities for payment of salaries including dearness allowance, medical allowance and such other allowances as admissible to the government employees of similar category and gratuity, pension, leave encashment, etc. as admissible, under the existing rules, to the employees of the State Government serving under the Government of Assam; · (g) "prescribed" means prescribed by rules made under this Act; (h) "retired employee" means an employee who has retired on attaining the . age of superannuation or otherwise. Employees 3. to be Subject to the provisions of Article 30 and 309 of the Constitution of India, all employees of the Colleges, save and except the employees who exercise option to continue in the existing terms and conditions of service under clause ( d) below, shall be deemed to have become the employees of the Government on and from the date on which the Colleges have been brought under the deficit system of grants-in-aid, on the following terms and conditions, namely :- provincialised • (a) all rules including the rules of conduct and discipline, which are applicable to the Government servants of corresponding grade similarly situated shall be applicable; (b) the existing employees will continue to receive their respective existing scales of pay and other allowances etc. as admissible to them under relevant rules and orders of the Government; (c) the posts in each provincialised College shall constitute an independent cadre for each category of employees. No intercadre transfer from one college to another including mutual transfer shall be allowed; (d) the existing employees who want to continue in the existing terms and conditions of service shall give an option in writing to the Director, Higher Education, Assam within a period of three months from the date of coming into force of this Act: t ~ ,_j .'-_ _____ T_HE __ A_S_SA_M_G_A_Z_E_T_T_E_, E_X_T_RA_O_RD_IN_A_R_Y_, _D_E_C_E_M_B_E_R_23_;_,_. _2o_o_s. __ 3_2_49 + Colleges to be known as Assam Provincialised Colleges. Government to take over the services of employees. Selection and appointment of employees. Rules to be followed for settlement of pension. Provided that the option once exercised by an existing employee is final and cannot be changed afterwards ; ( e) any existing employee who does not exercise option under clause( d) shall be deemed to have opted for provincialisation under the provisions of this Act; (f) the employees of the Colleges provincialised after coming into force of this Act shall have no right of option under clause ( d); and (g) all existing employees who do not exercise option under clause ( d) shall have to refund the State Government's share of the Contributory Provident Fund with interest within six months from the date of corning into force of this Act : Provided that if any existing employee who fails to refund the State Government's share of Contributory Provident Fund with interest within the said stipulated period ~uch employee shall be deemed to have been opted to remain under the existing terms and conditions of service applicable to them before provincialisation.