Section 3 in The Assam Education (Provincialisation of Services of Teachers and Re-Organisation of Educational Institutions) Act, 2017
3. Eligibility criteria for selection of educational institution for provincialisation of services of teachers/ tutors.
(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.(2)In case of a Venture Degree College and 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.] the eligibility criteria specified in sub-section (1) above regarding date of recognition, affiliation or concurrence, minimum enrollment 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 teachers 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 as per University Grants Commission Act, 1956 (Central Act No.3 of 1956), National Council for Teachers Education Act, 1993 (Central Act No.73 of 1993) and relevant rules and regulations framed thereunder, as the case may be, as applicable on the date of provincialisation, are satisfied and having sufficient enrollment in the concerned School or Colleges including in the concerned subject.(3)The concerned Venture Educational Institution must have the required infrastructure as specified by the concerned University to which the College is affiliated in case of Venture Degree Colleges; and as specified in the Schedule of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009) as far as practicable and having DISE Code for the year 2009-10 or prior to that in case of Venture Primary or Upper Primary School 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-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007) as far as practicable.(4)Subject to the provisions of the statutes, ordinances and regulations made by the concerned affiliating University, in case of a Venture Degree College ; subject to the provisions of the Right of Children to Free and Compulsory Education Act, 2009 (Central Act No. 35 of 2009), in case of a Venture Primary or Venture Upper Primary School; and, in case of all other institutions, subject to the provisions of the Assam Non-Government Educational Institutions (Regulation and Management) Act, 2006 (Assam Act No. IV of 2007), if an educational institution which does not fulfill the eligibility criteria as stated herein above on the date of coming into force of this Act, such institution, shall not be eligible to be considered for provincialisation of the services of its teachers, but, may be allowed to run as a Private Institution or a Non-Government Educational Institution as before subject to fulfillment of other statutory norms in force.(5)If any Venture Educational Institution established and administered under article 30 of the Constitution of India prefers to come under the ambit of this Act and if the services of teachers of such institutions are provincialised under this Act, such institutions shall not remain under the ambit of the provisions of article 30 of the Constitution of India with effect from the date of such provincialisation.(6)(a)The Government of Assam shall identify Base School for the purpose of provincialisation of services of teachers of the Venture Educational Institutions so as to fulfill the norms and standards required for providing educational institutions within a specified area as follows :(i)at least one Lower Primary School within a radius of 1 km;(ii)at least one Upper Primary School within a radius of 3 kms;(iii)at least one High School or High Madrassa within a radius of 5 kms; and(iv)at least one Higher Secondary School or [Senior Secondary School] [Substituted 'Junior College' by Assam Act No. 19 of 2018, dated 9.5.2018.] within a radius of 7 kms.(b)If any Provincialised School already exists within the aforesaid radius, the existing Provincialised School shall be identified as the Base School at the exclusion of a Venture Educational Institution within the said radius :Provided that in case of two or more existing provincialised Educational Institutions within the radius of the area as specified in clause (a), the District Scrutiny Committee shall identify only one of such educational institutions as the Base School, considering the existing infrastructure and other amenities and facilities available in such educational institution.(7)All the Teachers including Tutors and the students of an Educational Institution provincialised under this Act shall be merged with the Base School, to fulfill and maintain norms and standard of Educational Institution including Pupil Teacher Ratio (PTR) and all other Statutory requirements for the purpose to re-organise in education sector in all levels. The Base School can be an existing provincialised School or it may be a Venture Educational Institution eligible for provincialisation under this Act having adequate infrastructure :Provided that the existing provincialised School shall be preferred over a Venture Educational Institution for identification as a Base School.(8)Educational institution which are running professional courses and private institution run with the fees realised from the students shall not be considered for provincialisation of services of the teachers under this Act.(9)Save and except an institution covered under article 30 of the Constitution of India which is already getting financial assistance or grants-in-aid from the Government, no other 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.(10)If any eligible Venture Educational Institution intends to remain outside the purview of provincialisation of services of their teachers and/or tutors under this Act, such institution shall give their option in b writing expressing their intention to remain outside the purview of this Act, before the District Scrutiny Committee within one year from the date of coming in to force of this Act.
