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PTJBLISHT-D BY TIIE AUTIIORITY

rr(258 fttIr, '1ft<R, rsc{" 2018, 2e{kt?t, 1940(t+)

No.258 Dispur, Saturday, lgth May, 2018, 2gthvaisakha, 19l()(5.8.)

COVERNMENTOFASSAM
ORDERS BY TIIE C,OVERNOR
LEGISI..AilVE DEPARTMENT::: LEGISLAIWE BRANCH :: DISPUR

The l6th May,2018

No. LGL.2431201717.- The following Act of the Assam legislative Asseurbly

which rpceived the assent of the Governor on 9th May 2018 is herebypublished for
general

ASSAM ACT NO. XYIII OF 2O1E

@ecelved the asrent of the Govcmor on 9th May, 20f e

TEE ASSAM EDUCATION (PROVINCIALTSAUON OF SERVTCES OF

NON.TEACEING SIAI]F OF VENTT'RE EDUCATIONAL INSTITUTIONS)
ACT,20rg.
\ir..

2t86 ., ASSAM EXTRAORDINARY, MAY I 9, 2OI 8

4N
AgT "

, ,1..,

to provincialiw the scrvices of the non-tcaghing staff of the Venture Edtrcational

Institutions in the Stats of Assam.
Prcamblc Whercas it is expcdient to provincialise the scrvices of the non-tcaching
staff of the Venture Educational lnstitutions in the State of Assem;
It is hcreby enacted in the Sixty-ninth Year of thc Republic of India as

follows:-

Short title, l. (l) This Act rnay bc called the Assam Education (Provincialisation of
cxtent and
Services of Non-teaching Staff of Venture Educational Institutions)
conrmencemgnt.
Act,2018.
(2) It exEads to the whole of Assam.
(3)
It shall come into force on such datc as the State Government may,
by norification in the Official Gazette, appoint and differe'nt dates
may be ap,pointd for diffe,rent provisions of the Act or for different
category of educational institutions.

flcfinitions 2. (t) In this Act, unless the context otherwise requires,-

(a) *Base School" meailI either an existing provincialised or a
Venture Educational Institution idenrified for the purpose of
provincialimtion of scrvices of teachcrs andlor tutors under the
Assam Blucation (hovincialisation of Servicee of Teachers and Re- Assam
Act No.
organisation of Educational Institutions) Acr, 201?, within the radius XXV of
of I km in case of [.ower Primary schools, within the radius of 3 afr17

kms in case of Upper Primary schools, within the radiw of 5 kms in

case of High Schools or High Madrassas and within thc radius of 7
kms in ease of Higher Secondary schools or Senior Secondary
Schools and which posses satisfactory nomx and standards in
retation to enrollmcnt of students, adequate infrastructure and
having DISE Code for the yew 20A9'2010 or before;
(b) "District Scrutiny' Conrmittee" mcans the District Scrutiny
Committee . coustilut€d under s€ction 7 for each Disuict to
reommend nasles of Vcnture Educational Institutions along with
the names of non+eaching staff whoee services are considered
el i gi ble f'or provincialisation under this Act ;
TIIEASSAM GAZETTE, MAY 19,2018 2187

(c) "DISE Code" mcans District Infiormation Systcrn for Educadon

Code prepared by the Sarba Sikhsa Abhijal Assam arul as availablc

in the rccords of the Natioml University of Educatioml Planning

and Administration New Delhi:
(d) "employee" means and includes all serving non-teaching staff of
Vcnture Educational Institutions who havc bcen appointed and
joined in the concemcd Venturc Educational Institution before the
Is day of January, 201 I and whose serviccs are being or would be

pmvilcialiscd under this Act;

(c) "non+eaching star?' means and includes the Librarian, Assist€nt
Librarian, Sr. Assist&nt, Juaior Assisant, Library A$sistant,

Labonuory Assistant, Luboratory Bearer, GradcJV as specificd in

the Schedulc;
($ "provincialisation" mcans taking over the liabililies for payment
of fixed salaries and grstuity, pension, leave encashment etc. as
admissible, undcr ttp cxisting rules to the Govcnrrrcnt servants

sewing under thc Government of Assam;

(g) "Provirrcialised Sctrool" or 'Provincialised Collegc" rnsans an

existing provincialiscd sclrool or college or a Vcntlrc Educational Assam

ActNo.
lnstitution whercin thc serviccs of teachcrs and tuton are
XXV of
povincialised undcr the As.sam Education (Pmvincidisation of 2017
Services of Teachers and of Educational
Institutions) Act 20 I 7;
(h) 'SchcdulC'means the Schedule appended to this Act;
(i) 'Staie Govcmment" mcans thc State Govemment of Assam in
the concemcd Education Departmcnt i.e. Elemcntary Education
Department in case of and Upper-kimary Schools;
Primary
Secondary Education Department in casc of Secondary, Highcr
Secondrry Schools and Senior Sccondary Schools, Highcr Education
Department in case of Dcgrce Collegps;
() "St*e kvel Scrutiny Committee" mcans thc State Level
Scrutiny Committee constituted under section 7 to catree physical
vcrification of the institutions r rccoormended by the Distric{
Scnrtiny Committee for linal in thc mauer of
2188 THE ASS4M GAZETTE, EXTRAOF.DTNARY, Mly 19, 2018 -
(k) "Venlure Dcgree Collcge" mcaru a Degree Collegc imparting
education beyond Class XtI stage establislrcd by the people of the
Iocatity prior to 1.1,2006 and wtrich has also received affiliation at
least for ltr year degrcc class ftom ths concsrcd University and
conclnr€nce frorn the State Governrnent on or before 1.1.2006 and
whereof the services of non-teaching staffhave not been
prrovincialised trnder any Act enactd by the State legislature so far;

(l) *Venture High School" means High School imparting education

up to class X and establishcd by the people of tfp locality prior to

1.1.2006 which has received permission from the Statc Govcrnment
and recognition fum the Board of Secondary Education, Assam on
or beforc l.l.2m6 and whereof the services of the non-teaching
staff have not been provincialised under any Act enactcd by the
Sute legislature so far;
(m) "Venturc Higher Secoudary Sclrool'msans a Higher Secandary
$chool imparting education up to Class XII and establishcd by the
people of the locality prior to 1.1.2006 rphich has reoeived
permission from the State Covernment on or before 01.01.2006 and
whercsf the services of non*taaching staff have not been

provincialised under any Act carlier enacted by the State legislaturr

so far;
(n) *Venture Senior Secondary School " means a Venture $enior
Secondary School (erstwhile Junior College) established by the
pcople of the locality prior to 1.1.2006 which has received
concurreflce from the Governrnent and permission from the Assam
Higlrc Sccondary Education Cormcil on or before 01.01.06 and
wlrereof the services of non-teaching saff luve not been
provincialised under any Act earlicr cnacted by the State legislature
so far:
(o) "Venture ME School" including'*Ventute ME Madrass&" means
an Upper-Primary School imparting education from class V[ up to
classVIII and established by the people of the locdity prior to
I.1.2006 which has rcccived recognition from the competent
authority on or beforc 01.01.2006 and captured in the DISE Code up
to 200$10 and whc'rcof the scrvices of the non+erching suffhave
not been provincialised under any Act enacted by the State

legislature so far:
 THEASSAM GAZETTE, EXTRAORDINARX MAY 19,2018 2189

ftat th€ DISE Code shall hsve to be issucd on or

Provided
before 2009-10 and DISE Codc issued thereafter shall not be
considered for the purposc of provincialisation of services of any
employce of the institution;

h) "Venture Upper Primary School" mcans a School importing

education from class VI up o class VIII and established by the

people of the locality prior to 1.1.2006 which has receivcd

recognition fronr the competent authority on or bcfore 0t.01.2006
and capturcd in the DISE Code up to 2@9- l0 and wlrereof ttre
sonices of the non+eaching suff have not bccn provincialiscd under
any Act enacrcd by rhe Stare legislature so far;
(q) *Venture Educatioml Institutions" mcans and includes Venturc
Degrree College, Venture Higher Secondary School, Vcnture Senior

Secondary School, Ventuc High School, Vcnture High Madrassa,

Venture ME School, Venturc ME Madrassa, Ventur€ Uppcr Primary
School and Venturc Lower Primary School situatcd within thc SEte
of Assam whprcol ths scrviccs of the staff havc not
becn provincialised under any Act enacted by thc State Legislature
so far:
Provided lhat the educational institutions which arc running
prcfessional courses and priwtc institutioos run with thc fecs
received from the strdents shall not mme within tlrc pundcw of the
definition of Venturc &lrcational Institution under this clause.
(2) Words and expressions used in this Act and not defincd but dcfincd Asearrr
ActNo.
in tbe Assam Educqtion (Provincialisation of Servic€s of Teachers
XXV of
and of Educational Instirutions) Act, 2017, siall 2017

have the same meanings rcspectively assigred to thcm in thc said

Act.
Eligibility 3. Subject to the provisions of Article 30 of the Constitution of India,
oitcria for
ihe Venturc Eduoatioml Instimions which havc boan considcrcd for Assam
selcction of
ActNo-
cducatiml provincialisation of services of tcacher/tutors urder the Assam
XXV of
institrtion for
Education (Pmvincialisation of Serviccs of Teachers and Re- 2017
of scfiiccs of organisation of Educational Instiutions) Ac\ 2017 shall be eligible

stafr.
for being cottsidercd for provincialisation of scrviccs of their non-
teaching saff.
2190 THEASSAM GAZETTE, EXTRAORDh{ARY, MAY 19, 2018

Non-teadring 4. (l) Subject to fulfillment of all other provisions of this Act, the scnrices
staff to bc
Governrnent
of the non-teaching staff of all Venturc Eclucational Institutions
Scryuts. eligible under scction 3 shall be deemed to have been provincialised
on the date of publication of the provincialisation order by
. Notification in the Ofiicial Gazettc for the provincialisation of
services of teacher/tutor of that schooUcollege, and they shatl
become enrployees of the Stal+ Govcrnment with effect fiom such
&te. Further tteir service shdl also be utilized in the base sctrcol
where the seivices of teachers/nrnors of that school are utiliaed:

Provided tlut where the numbers of the non+eaching staff

scrving in such Venture Educational Institutiqrs excced the nurabers
as specified in thc Schedule, the provincialisation of the services of
tlrc employees strall be on the basis of seniority of service in thc
rcspective category in tlrc concerned educational institutiom, 'I'he
State Government shall have rm such liability wlutsoever in regard
to such excess employees.
(2) The employe to be provincialisGd undor this Act,-
(0 mrst have bcen working in the conoerned Vcntrue Edtrcational
Institution that have bccn recognizcd by thc compctcnt
authodty on or beforr 01.01.2@6;
(ii) must have minimum educalionat and p'rofcssional
qualifications as laid down under rclevant Scrvicc Rules as on
01.0r.201r;
(iii) musrt have rendered at least six years continuous scrvice as oa
1.1.2017 fiqn tho datc of joining in the conccnred Veoturs
Educational tnstitution which rmrst be on 31.12.2010 or prior to
that date.

Educ*ional ard 5. The services of non-tclching staff in a Venturc Educational

Plofe$ioml
Instinrtion from the Elementary level up to ttre Dcgrce [.evcl, shall
qrutificaionof
non-tcaching be considered for pmvincialisation subject to fulfillmeot of the
staff.
eligibility ctiteria required for tlrc rcspective post

Tenns and 6. (t) Subiect to the provisions of this Act and the Rules rnade thcrcuudcr,
corditiom of
all rulcs iucluding servicc nrlcs and rules of conduct and disciplim
svioc.
which are applicable to Etetc Govemmcnt ser"ant of oorresponding
THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2OI8 2t9l

ranks, shall bc applicsble to all employccs ofeducational institutions

whose scnrices have boen or to be p,rovincialiscd under the

pmvisions of this Act.
(2) Thc non-te,aching suff whose serviccs have bcen provincialised
undcr this Acl shall get fxd pay as spccified in thc Schdule with

effoct from the datc of of thcir scwices, as if drey

ale fiestr appoiotecs and orey cannot claim any benclit whatsoever
in rcspcct ofpast scrviccs rcndcrcd by them before provincialisation
and in rcspect of pension, thcy shall bc govemed by the New

Pension Scheme applicable to the StaE Governrnent employees of

thc concsponding rank. However their fixcd salary shall not be less Ccolral
Act No.
than the minimum wagcs fixed by the Govcnuncnt from time o llof
timc undcr the pmvisions of thc Minimum Wages Act, l9it. 1948

(3) Dcpcnding upon the relrision of minimum *agps nxed Uy drc

Govemmcnt from time to time undcr the Minimum Wages Act, Central
ActNo.
I94& the Governmcnt may rcvise the fixcd salary of thc ll of
provincialiscd non-teachhg stalf by notificstiofl in the OfEcid t948

Gazcttc, so that their lixed salary shall not be less than the minimum
wagcs fixed by thc Governmeni urder the Minimum Wages Act,
1948 and on such notification having becn issued, the Schcdule shall

bc dccnred to barrc bccn amcnded.

(4) The non-tcaching $rlf, yrro havc cooplctcd sixty ycars of agc as on
thc date of coming into forcc of rhis Act, shall be deerned to havc
rrtired wi& effert from that date and they shall have no claim
whatsoever from the State Govemment as r€gards thcir pey,
allowanccs and rctircment benefits for services alrcady rendcrcd by
drcm in such educational institurions beforc thc darc of

(5) The non-teaching staff whosc scrvices havc bcen provincialised

under this Act shall hold pcrsonal posts to be creatcd for
provincialisation of thcir senriccs. These posts shall be outside thc
cadrr which shall stand abolished on casation of scrviccs by the
conccmcd emplope due to retircnrem, dcath rcsignation or any
other reas<in whatsoevcr.
 2t92 TIIE ASSAM GAZETTE, EXTRAORDINARY MAY 19, 2018

District Scntiny ? (l) the District Scrutiny Committeee and State Level Scrutiny
Committce ard
comminee as constitutcd undcr section 13 of the Asaur Frtrration
Stae kvcl
Scrutiny (Provincialisation of services aud Re-orgmisarion of klucational Assaur
Committe.
Instinrtions ) Act 2017, in each district and at rhe state level shs[ Act No.
)U(V of
scnrtinize service records urd oltrer related issues of thc non- 20t7
rcaching staffof Venrure Educdional lnstitutions for the purpoae of
provincialisarion of their services under this Act. The list of the non-
tcaching staff whose services shall be provincialised urrder this Act,
shall be finalizecl in ilrc manner prescribed under the aforesaid Act.

Appellatc 8. The State Lcvel Senrtiny Committee shall be the appcllate authority
autlority.
in r€spcct of any rccommendation of ths District Scnrtiny
Committee and the State Governrnent in the concerned
administiative dspartnrent strall be the Appellarc Auhority in
respect of any rccommendation of the Sate lrr.cl Scrutiny
Committee.

Offe,neesard 9. Whoever provides misleading incorrcct or false information to and

Pe,naltics.
supprB$ps material information from or abets thc providing or
srrp'prcssion of such information to, the Diseic;t Scnrtiny Commifiee
or any other authority under this Act, shall commit an offence under
this Act which shall be puniSrable with imprisonrnent for a term
rvhich may er<tend to two )rcars.

Oftncesto be 10. Offenccs committcd under this Act shall be cognizable and non- Central
cognizablc and Act No.
bailable under the provisions of the Codc of Criminal Procedure,
non-baihble. 2of
1973. t974

Trial of eascs I l. (l) Offcoccs under sccilion l0 slnll be uiablc by a Judicial Magistrate of Cenral
ActNo.
the competent juridiaion under the Code of Criminal Prooedurq
2of
19?3. t971

@ Cascs under this section shall be tried zummarily urder thc Code of
Criminal Procodue, 1973.

$uit and 12. No srit, prosecution or otkr lcgat procecding shall lie for anything
Eoccedin$. in good faith done under this Act, except with ttr previous sanction
 THE ASSAM GAZETTE, EXTRAORDINARY, MAY 19, 2018 2t93

of the Statc Crovernment

Forrtrof 13. (l) If any difficutty ariscs in intcrprctation of any provisious of&is Act"
intsrp!ffiiort the interprrtxion of the Sate Oovernrnent shotl be fiml.
ald rtrnoval of
difliculties. (2) If any difficulty ariscs in giving effwt to the pruvisions of this Act,
tbe Starc Goverument rnay, by order do anything not inconsistcnt
with the prrovisions of this Act and tlrc rules frarncd thercwrder,
which appcar m be ncc*sary or expcdient for the purposc of
rcrnoving the diffi culty.

Creation of 14. For the purposc of provircialisation of scrvioes of the ron-tcaching

pcrsonat poat
stafrunder this Act, thc Governmcnt shall crcate and sanction such
andmaintaaace
ofrssondion numbcr of ex-cadre posts which shall be personal to thc incumbents.
pohsy.
These persorul post$ sball staud abolished on cessation of the

services of ttre teachers for any reasotr whatsocvcr including

Etirorrent, resignation, death erc. Since these are personal as well as
ex-cadre pos, the present cadre strsngth of thc concerned servie
shall not be impacted in any way due to creation of thcse posts.

Powprto make rs. (r) The Starc Government may, by notilication published in the Official
ntlcs.
Gazette, make rules forcarrying out the provisions of this Act.

a) lVithont prejtrdice to thc gcne,rality of tbc foregoing provisiorrs, such

rules may provide for all or ury of the following mattcts, namely:-
(i) prescribing service conditions and specifring the dtrties and
responsibilities of all non+eaching staff whorc services luve
been povincialised under this Ast;
(ii) prepration and mrintenancc of service records of the non-
teaching staff whose servicos have becn provincialised;
(iii) prescribing thc scope of worlq e,rnoluments and rcmuneration,
and other terms and condition of sewice of non-teaching staff
provincialised undcr this Act.

(3) AII ruhs mde by thc StaE Crovernment urder this Act shall, as soon

as msy bc aftcr they are rnadc, be laid before the Assut tcgislative
Asscmbly while it is in scssion, for a total period of not lcss than
fourtcca days wtrich may be comprised in onc session m tuo or
more successirre sessions and shall, unless some later dae is
 2194 THEASSAM GAZETTE, MAY 19,2018

appointc4 take clfect fiom the dac of thcir publicaticr in the

Official GazotE *bject to such modifications or amrlmcnts as the

Lrgislative Asscmbly may, during the said pcriod agree to makc, so

howevet, that any such modificarion or annulment shall bc without
prejrdice to thc validity of anything prwiously donc tlrcreunder.
Savingr I6. Notwithsrarding the rcpcal of the Atsam Ventur,e Blucaional A$arn
bstihtions (hrovincialication of Scnriccs) Act. 20ll as amcrded Act No.
XVII of
vidc the Assam Vcnture Educational lnstihrtions (Pmvinchlisation 201 l;
Assam
of Scrviccs) (Ameodncnt) Act, 2012 and thc Assam Venture
Act No.
&lucational Institrions of Scrvicer) XXI of
(Amendmcnt) Act, 2013, by the Ae.rm Education (Prrovirrcialisation 20t2;
Assam
of Scrvices of Tcachcrs ard of Educational Act No.
Insrimtioas) Act, 2017. all thc non-tcaching staff of lhe Vcnturc XX of
2013
Educational imtitution$ whose scrviccs uere provimialised prior to
23.09.20t6, shall cominue in thcir serviccs and thcir crscs shdl bc
Act No.
XXV of
rcviswcd as pcr the cligibility norms set forfh for Provincialisation 20t7
under this Act.

[See scctions 2(s), 4(l) and 6(2[

Fixed salary admissible for non tcaching staff
Maximum Fixod monthly Fixed monthly
ofpost hcld by thc number ofposts salary fqr the salary from
of craployee in the institution to b€ Iirst lfu€c fourth year
Insdnilion. ycars.
prior to rn onwards-
cach institution.
fllrril:tlTt I 12600 14000

Scnior Assiscant 2 vmn r3800

Assistont 2 ifrEil0 lt
Assistant for I I ll
IhicnccSrear.
Ubrary Assistant I r0600 llE00
Irboralory Bcarcr for I 8700 1

Scicnce Sream. ia each stream

6 8700 ililifin
 THEASSAM GAZETTE, EXTRAORDINARY, MAY 19,2018 2t95

Scnior Assistant I 2.{O0 r3E00

Jrmior Assisffiit I l06m I1800

Library Assistant I 10600 I 1800
Scnior
Scoondary
Iaboratory Bearu for 3 8700 r0000
SchooVHigh- $cience Sueam
er Sccon&ry
School.
(Subject haYfurg practical
ckrsca).
Grade-IV 3 I0000
Hieh SchooU Jrrnior Assistant I t0600 il 800
High
Grade-IV I 10000
Madr$sa.

Upper Crade-fV I t:ftXn 10000

Piimary
Sshool (ME
Sctrool/ME

S. M. BUZAR BARUAII,
Commissioner & Secretary to the Govemment ofAssam,
Legislative Department, Dispur, Guwahati-6.

Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate of Printing & Stationery Assam, Guwahati-2l
Ex. Gazette No. 515 - 300 + 10 - 19 - 05 - 2018. (visit at-dpns.assam.gov.in)