Section 3(1) in The Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017
(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 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, required for the concerned institution from the respective competent Authority or Authorities on or before 1.1.2006: [Substituted by Assam Act No. 19 of 2018, dated 9.5.2018.]Provided that the permission for 1st year HS clauses in respect of Higher Secondary School, concurrence for 1st year HS classes in respect of Senior Secondary School (erstwhile [Senior Secondary School]), recognition from Board of Secondary Education, Assam for class-IX in respect of High School, concurrence for TDC Part-I in respect of Degree College received from the Government on or before 1.1.2006 shall be treated as the permission, concurrence or recognition as the case may be, for the purpose of provincialisation of services of teachers and/or tutors under this Act:Provided further that the order for such permission, recognition and concurrence shall have to be issued on or before 1.1.2006 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 (Central Act No.35 of 2009) and rules framed thereunder; Venture Educational Institutions in the case of Venture Secondary and Higher Secondary Schools and [Senior Secondary School] [Substituted 'Junior College' by Assam Act No. 19 of 2018, dated 9.5.2018.] shall be as far as practicable at par with the provisions under Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007) 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 1.1.2006 and no lease or rent or donor agreement executed at any point of time, shall not be considered in any manner for this purpose: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 1.1.2006 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 1.1.2006, shall have to be produced by the concerned educational institution before the District Scrutiny Committee constituted under section 13.(iv)Venture Educational Institutions has a minimum total enrollment 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 enrollment of 25 students in class-X, if it is a Venture High School; 25 students in Class-XH if it is a Venture Higher Secondary School or a Venture [Senior Secondary School] [Substituted 'Junior College' by Assam Act No. 19 of 2018, dated 9.5.2018.]; 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 of this Act;(vi)In case of a Venture High School or a Venture Higher Secondary School or a Venture [Senior Secondary School] [Substituted 'Junior College' by Assam Act No. 19 of 2018, dated 9.5.2018.] 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)[ For provincialisation of services of one teacher or tutor, as the case may be, in each subject including the core subjects, in case of Venture High School or Venture High Madrassa or Venture Higher Secondary School or Venture Senior Secondary School, at least 10 students must have appeared in the last final examination in that particular subject from that institution. Further, for provincialisation of services of maximum limit of three teachers or tutors in a particular subject, as the case may be, in case of a Venture Degree College, at least 15 students in that particular subject, must have appeared in the last final examination from that college;] [Substituted by Assam Act No. 19 of 2018, dated 9.5.2018.](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 teacher or tutor to each core subject, i.e., Mathematics, Science, English, MIL and Social Studies;(ix)[ For provincialisation of services of additional teacher or tutor, as the case may be, for a particular subject including the core subjects, in addition to the post mentioned in section 3(l)(vii), in any Venture High School or Venture High Madrassa or Venture Higher Secondary School or Venture Senior Secondary School, the minimum students appearing in the last final examination of the highest class of the said school for that particular subject must exceed eighty for one additional post and one hundred fifty for the second additional post. Further, for provincialisation of services of additional teacher or tutor, as the case may be, for a particular subject, in addition to the posts mentioned in section 3(l)(vii), in a Venture Degree College, the minimum students appearing in the last final examination of the highest class for that particular subject must be more than one hundred fifty for one additional post;] [Substituted by Assam Act No. 19 of 2018, dated 9.5.2018.](x)Two numbers of teachers and/or 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 of teacher as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) shall be followed. The deficit in number of post of teacher in the Base School shall be filled up in accordance with the norms and standards of the said Act and following the provision of relevant Act and Rules in force for filling up of vacant 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 (Central Act No. 35 of 2009).(xii)The enrollment 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 and/or tutor each medium of instruction of such school shall be treated as a separate school except for the post of Head of the institution who shall be the Head of the Institution in respect of both the schools.
