Section 5 in Assam Venture Madrassa Educational Institutions (Provincialisation of Services) Act, 2011
5. Employees to be Government Servant.
(1)The Services of the employees of all eligible Venture Madrassa Educational Institutions under section 4 who have already completed ten years of services in such Madrassa Educational Institution without any break from the date of permission and recognition of such Madrassa Educational Institute, as on the date of coming into force of this Act, shall be deemed to have been provincialised and they shall become employees of State Government with effect from that date.(2)The services of all the teaching and non-teaching employees, who have not yet completed ten years of continuous services without break in that Venture Madrassa Educational Institutions on the date of coming into force of this Act, shall be provincialised with effect from the date on which they complete the required ten years of service:Provided that the numbers of employees in both teaching and non-teaching cadre in each of the institution, services of whom are provincialised or to be provincialised under this Act, shall not exceed as specified in the Schedule appended to this Act:Provided further that where the number of such employees serving in such Venture Madrassa Educational Institutions exceeds the numbers as specified in the Schedule, the provincialisation of the services of the employees shall be on the basis of seniority in the respective category in the concerned Madrassed Educational Institution. The State Government shall have on liability whatsoever in regard to such employees.(3)The services of a teaching or non-teaching employee in a Venture Madrassa Educational Institution shall be considered for provincialisation, only if they have the requisite academic and professional qualification prescribed by the State Madrassa Education Board at the time of their initial appointment;Provided that if an employee is required to acquire any prescribed academic or professional qualifications, services of such employee may be considered for provincialisation if otherwise eligible, but in such case the provincialisation would be subject to acquisition of such prescribed qualifications within a period of five years from the date of coming into force of this Act, and during this intervening period, the State Government shall have no liability in respect of his pay and allowances and he may continue to work under the existing terms and conditions under which he was working, until his services are provincialised. In case of his failure to acquire the require academic or professional qualification within the stipulated period, his services shall stand terminated with effect from the date of expiry of stipulated period of five years.
