Amendment status not verified — confirm the current text below against the official source.
criteria for selection of educational institution for provincialisation of services of teachersl tutors. THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 Provided that the educational institutions which are running professional courses and private institutions run with the fees received from the students shall not come within the purview of the definition of Venture, Educational Institution under this clause. (1) Subject to the provisions of Article 30 of the Constitution of India, the following categories of Venture Educational Institutions shall be eligible for being considered for provincialisation ofthe services of their teachers and tutors:- (i) The Venture Educational Institutions which have been established and had obtained the required permission, recognition, affiliation, concurrence, as the case may be, up to the last and highest class required for the concerned institution from the respective competent Authority or Authorities on or before 1.1.2006: Provided that the order for such permission, recognition, affiliation, concurrence etc. shall have to be issued on or before 01.01.2006 and any order issued thereafter with any retrospective effect, shall not be considered for the purpose of provincialisation of services of any teacher and tutor, as the case may be, of the institution; (ii) The land, building and other infrastructure of such Venture Educational Institutions in case of Venture Primary and Upper Primary Schools shall be as far as practicable at par with the provisions under the Right of Children to Free and Compulsory Education Act, 2009 and Rules framed there under; Venture Educational Institutions in the case of Venture Secondary and Higher Secondary Schools and Junior Colleges shall be as far as practicable at par with the provisions under Assam Non-Government Educational Institutions (Regulation and Management) Act., 2006 and Rules framed thereunder, and in case of Degree Colleges, same shall be as per norms set by University Grants Commission. (iii) The concerned Venture Educational Institution must have land in the name of the Institution with clear and exclusive title and possession over the land before 01.01.2006 and no lease or rent or donor agreement executed at any point of time, shall not be considered in any manner for this purpose: Central Act No . 35 of 2009; Assam Act No- IV of 2007 THEASSAi\1 GAZETTE,EXTRAORDINARY, APRIL 11 ,2017 Provided that in case of institutions situated in Forest area, Forest Possession Certificate from the competent Forest Authority certifying that the institution has been in possession of Forest Land prior to 01.01.2006 and in case of institutions situated in Tea Gardens, certificate from Tea Garden Authority certifying that the institution has been in possession of Tea Garden Land prior to 01.01.2006, shall have to produced by the concerned educational institution before the District Scrutiny Committee constituted under section 13. (iv) Venture Educational Institutions has a mnumum total .enrolment of 30 students if it is a Venture Primary or Upper Primary School as on the date of coming into force of this Act; (v) The Venture Educational Institutions has a minimum total enrolment of 25 students in class-X, if it is a Venture High School; 25 students in Class-Xll if it is a Venture Higher Secondary School or a Venture Junior College; 30 students in the Final year of Three Year Degree Course. if it is a Venture Degree College, as on the date of coming into force ofthis Act; (vi) In case of a Venture High School or a Venture Higher Secondary School or a Venture Junior College or a Venture Degree College, the concerned Venture Educational Institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination as a whole must have passed in the last three consecutive examinations held during previous three consecutive years prior to the date of coming into force of this Act. (vii) In addition to the provision under clause (v) above, at least 10 students must have appeared in the last final examination in any subject in case of Venture High School, Venture High Madrassa, or Venture Higher Secondary School or Venture Junior College. At least 15 students in any subject must have appeared in case of Venture Degree College in the last final examination. (viii) In case of Venture ME School, there must be one Science teacher or tutor to teach Science and Mathematics subject. In case of Venture High School, there must be one 969 970 THE ASSAM GAZETTE, EXTRAORDINARY; APRIL 11,2017 teacher or tutor to each core subject i.e. Mathematics, Science, English, MIL and Social Studies; (ix) There shall be additional post in the same ' subject in Venture Higher School, High Madrassa, Venture Higher Secondary School" Venture Junior College and Venture Degree College,if the minimum students appearing in the last final examination of the highest class for that subject exceeds eighty in each class for the second post and exceeds 150 in each class for the third post; (x) Two numbers of teachers and lor tutors of the Venture LP School shall be provincialised under this Act and their services shall be merged with the Base School identified in respect of the area wherein the said venture school was situated. After so merger in the Base School, the minimum number ofteacher as specified in the schedule of the Right of Children to Free and Compulsory Education Act, 2009 shall be followed. The deficit in number of post of teacher In-the.Base School'sball-be filled up:in.aecordanee with,the .'" ·nomls.',and.,;~~'Of,~ Ttb:e)~a1d: Act:,:amh.£oUoWing ·the provisiori,oti"reie:vanti.ACt,and,Rules in force for filling up ofvacant post. (xi) In case of Venture Upper Primary School there shall be minimum three teachers or tutors at least one teacher each for (a) Science and Mathematics (b) Social Studies and (c) Languages: Provided that for additional posts it shall be considered in accordance with the norms and standard stipulated in the Schedule under sections 19 and 25 of the Right of Children to Free and Compulsory Education Act, 2009. (xii) The enrolment shall be verified with the data as per DISE Code 2009-10 or before as available in the records of the National University of Educational Planning and Administration, New Delhi. There shall be physical verification of students and checking of records of attendance of students of last three years. (xiii) In case of mixed medium school for provincialisation of teacher andlor tutor each medium of instruction of such school shall be treated as a separate school except for the post of Head ofthe institution who shall be the Head ofthe Institution in respect of both the schools. Central Act No. 35 of 2009 Central Act No. 35 of 2009 THEASSAM GAZETTE, EXTRAORDlNARY; APRlL 11,2017 971 (2) In case of a Venture Degree College and a Venture Higher Secondary School or a Venture Junior College the eligibility criteria specified in sub-section (l) above regarding date of recognition, affiliation or concurrence, minirnum enrolment and performance would mean in respect of each of the subjects with or without 'Major' as the case may be, and the services of the teachers appointed or engaged in connection with such subject or subjects shall be considered for provineialisation under the provisions of this Act, only if the specified eligibility criteria as per University Grants Commission Act, 1956, National Council for Teachers Education Act, 1993 and relevant rules and regulations framed thereunder, as the case may be, as applicable on the date of provincialisation, are satisfied and having sufficient enrolment in the concerned School or Colleges including in the concerned subject. Central AetNo.3 of 1956; Central Act No. 73 of 1993, (3) The concerned Venture Educational Institution must have the required infrastructure as specified by the concerned University to which the College is affiliated in case of Venture Degree Colleges; and as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 as far as practicable and having DISE Code for the year 2009-2010 or prior to that in case of Venture Primary or Upper Primary School and in case of all other Educational Institutions, the concerned institution must have the required infrastructure as specified in section 10 of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 as far as practicable. Central Act No. 35 of 2009 Assam Act No. IV of 2007 (4) Subject to the provisions of the Statutes, Ordinances and Regulations made by the concerned affiliating University, in case of a Venture Degree College; subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009, in case of a Venture Primary or Venture Upper Primary School ; and, in case of all other institutions, subject to the provtsions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006, if an educational institution which does not fulfill the eligibility criteria as stated herein above on the date of coming into force of this Act, such institution, shall not be eligible to be Central Act No. 35 of 2009 Assam Act No. IV of 2007 972 THEASSAM GAZETTE, EXTRAORDINARY; APRIL 11,2017 considered for provincialisation of the services of its teachers, but, may be allowed to run as a Private Institution or a Non- Government Educational Institution as before subject to fulfillment of other statutory norms in force. (5) If any Venture Educational Institution established and administered under Article 30 of the Constitution of India prefers to corne under the ambit of this Act and if the services of teachers of such institutions are provincialised under this Act, such institutions shall not remain under the ambit of the provisions of Article 30 of the Constitution of India with effect from the date of such provincialisation. (6) (a) The Government of Assam shall identify Base School for the purpose of provincialisation of services of teachers of the Venture Educational Institutions so as to fulfill the norms and standards required for providing educational institutions within a specified area as follows:- (i) at least one Lower Primary School within a radius of 1 KIn; (ii) at least one Upper Primary School within a radius of 3 Krns; (iii) at least one High School or High Madrassa within a radius of5 Kms; and (iv) at least one Higher Secondary School or Junior College within a radius of 7 Kms. (b) If any Provincialised School already exists within the aforesaid radius, the existing Provincialised School shall be identified as the Base School at the exclusion of a Venture Educational Institution within the said radius: Provided that in case oftwo or more existing provincialised Educational Institutions within the radius of the area as specified in clause (a), the District Scrutiny Committee shall identify only .one of such educational institutions as the Base School, considering the existing infrastructure and other amenities and facilities available in such educational institution. (7) All the Teachers including Tutors and the students of an Educational Institution provincialised under this Act shall be merged with the Base School, to fulfill and maintain norms and standard of Educational Institution including Pupil Teacher THEASSAMGAZETTE, EXTRAORDINARY; APRIL11,2017 Ratio (PTR) and all other Statutory requirements for the purpose to re-organise in education sector in all levels. The Base School can be an existing provincialised School or it may be a Venture Educational Institution eligible for provincialisation under this Act having adequate infrastructure: Provided that the existing provincialised School shall be preferred over a Venture Educational Institution for identification as a Base School. (8) Educational institution which are running professional courses and private institution run with the fees realised from the students shall not be considered for provincialisation of services of the teachers under this Act. (9) Save and except an institution covered under Article 30 of the Constitution of India which is already getting financial assistance or grants-in-aid from the Government, no other Private or Non-Government 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 into force of this Act. (10) If any eligible Venture Educational Institution intends to remain outside the purview of provincialisation of services of their teachers and/ or tutors under this Act, such institution shall give their option in writing expressing their intention to remain outside the purview of this Act, before the District Scrutiny Committee within one year from the date of coming in to force of this Act. 973 Teachers and/ or