Amendment status not verified — confirm the current text below against the official source.
(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 of the services of its employees :- (i) the Venture Educational Institutions which have been established and had obtained the required permission or recognition or affiliation or concurrence, as the case may be, from the respective competent Authority or Authorities before 1.1.2006; (ii) it has a minimum enrolment of 25 students in the highest class i.e. Class-V, if it is a Primary School; Class-VIII, if it is an upper-Primary School; Class-X, if it is a High School; and Class-XII, if it is a Higher Secondary School or. a Junior College ; and Final year of Three Year Degree Course, if it is a Degree College, as on the date of coming into force of this Act; (iii) in case of a High School or a Higher Secondary School or a Junior College or a Degree College, the concerned educational institution must have a consistent good academic performance which would mean that at least 30% of the candidates appearing for the final examination must have passed in any three examinations held since 01.01.2006. (2) In case of a Degree College and a Junior College, the eligibility criteria specified in sub-section (1) above regarding date of recognition, affiliation or concurrence, minimum 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 employees appointed or engaged in connection with such subject or subjects shall be considered for provincialisation under the provisions of this Act, only if the specified eligibility criteria are satisfied. (3) The concerned educational institution must have the required infrastructure (i) in case of Degree College as specified by the concerned University to which the College is affiliated; (ii) if it 35 of 2009 is Primary or Upper Primary School as specified in Item-2 of the 1742 Employees to be Government servant THE ASSAM GAZETTE._EXTTLAORDINARY_SEPTEMBER 5^201 Schedule of the Right of Children to Free and Compulsory Education Act, 2009 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- Govemment Educational Institutions (Regulation and Management) Act, 2006. (4) An institution, which does not have the required infrastructure specified in sub-section (3) above, may be considered as eligible for provincialisation of the services of the employees, provided such institution acquires the required infrastructure within two years from the date of commencement of this Act. (5) Subject to the provisions of the Statutes, Ordinances and Regulations made by the concerned affiliating University, in case of a Degree College and subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009, in case of a Primary or Upper Primary School and in case of all other institutions, subject to the provisions of the Assam Non- Govemment Educational Institutions (Regulation and Management) Act, 2006, an educational institution which does not fulfil the eligibility criteria as on the date of coming into force of this Act or does not acquire eligibility under sub-section (4) above within the two years period as aforesaid shall not be eligible to be considered for provincialisation of the services of its employees, but may be allowed to run as a Private Institution or a Non-Government Educational Institution. (6) Save and except an institution covered under Article 30 of the Constitution of India which is already getting some financial assistance or grants-in-aid, no 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.