Bare ActsThe ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT, 2017

Section 8

(d) The University Grants Commission Act, 1956 and Central U ·

Amendment status not verified — confirm the current text below against the official source.

(d) The University Grants Commission Act, 1956 and Central U · . G C ., R lati M' . Act NO.3 nrversity rants omrmssion egu anons on mimum of 1956 Qualifications for Appointment of Teachers and other Academic Staff in Universities and Colleges and Measures for the Maintenance of Standards in Higher Education, 2010, framed thereunder, as the case may be. (2) The services of a teaching employee in a Venture Educational Institution shall be considered for provincialisation as teacher only if they have the requisite academic and professional qualifications prescribed under the relevant Acts, Rules or Regulations as mentioned in sub-section C1) of this section . . which are applicable for the time being in force , otherwise their services shall be provincialized as tutor. (3) In case of teachers for special subjects like Sanskrit, Arabic, Hindi, Craft Teacher, Music Teacher, and any other Classical Teachers, the qualification should be as per the qualification prescribed by the relevant statutory Rules of the State Government in force, (1) The tutor must acquire the prescribed educational and professional qualifications within a period of five years from the date of publication of the order of provincialisation of services of the teachers and or tutors of the concerned Venture Educational Institutions in the Official Gazette and after acquirement of required qualification, they shall be upgraded to the post ofteacher in appropriate cadre. (2) If such tutor fail to acquire such prescribed qualifications within a period of five years from the date of publication of the order of provincialisation in the Official Gazette, their cases shall not be considered for up-gradation to the post of teacher after the lapse of a period of five years from the date of publication of provincialisation order in the Official Gazette and they shall continue to function as tutor as per same terms and conditions which were applicable to them before provincialisation of the concerned Venture Educational Institution. (1) Subject to the prOVISIOns of this Act and the Rules made hereunder all rules including service rules and rules of conduct and discipline which are applicable to State Government 976 THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11 ,2017 servant of corresponding ranks, shall be applicable to all teachers of educational institution whose services have been or to be provincialised under the provisions of this Act. (2) The teachers whose services have been provincialised under this Act shall get full scale of pay and such emoluments as salary and allowances as per norms of the State Government applicable to the employees of the corresponding rank with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be . governed by the New Pension Scheme applicable to the State Government teachers of the corresponding rank. (3) For the tutors whose services are provincialised as tutors under this Act, their scope of work and other condition of service shall be notified by the concerned administrative department separately. The emoluments for tutor shall be paid at the rate as specified in the Schedule appended to this Act subject to the condition that the enhanced emoluments after 2(two) years as per schedule shall be admissible in respect of a tutor on submission of a satisfactory performance report by the head of the concerned educational institution to the Drawing and Disbursing Officer after completion of 2(two) years service from the date of provincialisation. In the event of subsequent acquirement of educational and professional qualification by such tutors within 5 years from the date of provincialisation of the services of teachers in the concerned Venture Educational Institution, they shall be eligible for upgrading their posts as teachers. In the event of failure in acquiring required qualification within five years from the date of provincialisation of the Venture Educational Institutions, he shall continue as a tutor only under the terms and conditions of service including their salary and allowances as may be notified by the Government under sub-section(4) of this section. (4) The scope of work and other terms and conditions of service of the tutors shall be notified by the respective administrative departments separately. (5) The teachers, who have completed sixty years of age as on the date of coming into force of this Act, shall be deemed to have retired with effect from that date and they shall have no claim 'whatsoever from the State Government as regards their pay, THE ASSAM GAZETTE, EXTRAORDINARY, APRIL 11,2017 977 Central Act No. 35 of 2009 The constitution, composition, powers, functions and duties of the Managing Committee in respect of the Primary and Upper Primary Schools shall be governed by the provisions of the Right of Children to Free and Compulsory Education Act, 2009 and the rules made thereunder. allowances and retirement benefits for services already rendered by them in such educational institutions before the date of provincialisation. (6) The teachers and tutors provincialised under this Act shall hold personal posts to ' be created for provincialisation of their services. These posts shall be outside the cadre which shall stand abolished on cessation of services by the concerned teacher or tutor. .as the case may be, due to retirement, death, resignation or any other reason whatsoever. With effect from the date of publication of the notification under sub-section (1) of section 4, . the administration, management and control of all provincialised educational institutions coming within the purview of this Act shall vest in the State Government. The State Government or an officer authorized by the State Government not below the rank of a District Elementary Education Officer in case of Elementary Schools or the Inspector of schools of the District in case of High School, High Madrassa, Higher Secondary School by order passed in that behalf shall constitute a Managing Committee in respect of High School, High Madrassa or Higher Secondary School and a Governing Body in respect of a Junior College. The State Government or an Officer authorized by the State Government not below the rank of the Director of Higher Education, in case of Degree College, shall constitute a Governing Body in respect of a Degree College. (3) The Governing Body and the Managing Committee, as the case may be, of such institutions shall exercise such powers and shall perform such functions as specified in the relevant Acts and rules prescribed thereunder. (4) The State Government or the officer so authorized by the State Government may, re-constitute the Managing Committee or the Governing Body, as the case may be, as may be required under the relevant statutory provision. Management of

Section 8 – The ASSAM EDUCATION (PROVINCIALISATION OF SERVICES OF TEACHERS AND RE-ORGANISATION OF EDUCATIONAL INSTITUTIONS) ACT, 2017 | DailyLaw.ai