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State of Assam - Section

Section 2 in Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018

2. Definitions.

(1)In this Act, unless the context otherwise requires, -
(a)"Base School" means either an existing provincialised or a Venture Educational Institution identified for the purpose of provincialisation of services of teachers and/or tutors under the Assam Education (Provincialisation of Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), within the radius of 1 km in case of Lower Primary Schools, within the radius of 3 kms. in case of Upper Primary Schools, within the radius of 5 kms. in case of High Schools or High Madrassas and within the radius of 7 kms. in case of Higher Secondary schools or Senior Secondary Schools and which possess satisfactory norms and standards in relation to enrollment of students, adequate infrastructure and having DISE Code for the year 2009-2010 or before;
(b)"District Scrutiny Committee" means the District Scrutiny Committee constituted under section 7 for each District to recommend names of Venture Educational Institutions along with the names of non-teaching staff whose services are considered eligible for provincialisation under this Act;
(c)"DISE Code" means District Information System for Education Code prepared by the Sarba Siksha Abhijan, Assam and as available in the records of the National University of Educational Planning and Administration, New Delhi;
(d)"employee" means and includes all serving non-teaching staff of Venture Educational Institutions who have been appointed and joined in the concerned Venture Educational Institution before the 1st day of January, 2011 and whose services are being or would be provincialised under this Act;
(e)"non-teaching staff" means and includes the Librarian, Assistant Librarian, Sr. Assistant, Junior Assistant, Library Assistant, Laboratory Assistant, Laboratory Bearer, Grade-IV as specified in the Schedule;
(f)"provincialisation" means taking over the liabilities for payment of fixed salaries and gratuity, pension, leave encashment, etc., as admissible, under the existing rules to the Government servants serving under the Government of Assam;
(g)"Provincialised School" or 'Provincialised College" means an existing provincialised school or college or a Venture Educational Institution wherein the services of teachers and tutors are provincialised under the Assam Education (Provincialisation of 2017 Services of Teachers and Re-organisation of Educational Institutions) Act, 2017 (Assam Act No.XXV of 2017);
(h)"Schedule" means the Schedule appended to this Act;
(i)"State Government" means the State Government of Assam in the concerned Education Department, i.e., Elementary Education Department in case of Primary and Upper Primary Schools; Secondary Education Department in case of Secondary, Higher Secondary Schools and Senior Secondary Schools, Higher Education Department in case of Degree Colleges;
(j)"State Level Scrutiny Committee" means the State Level Scrutiny Committee constituted under section 7 to cause physical verification of the institutions as recommended by the District Scrutiny Committee for final recommendation in the matter of provincialisation;
(k)"Venture Degree College" means a Degree College imparting education beyond Class XII stage established by the people of the locality prior to 1.1.2006 and which has also received affiliation at least for 1st year degree class from the concerned University and concurrence from the State Government on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(l)"Venture High School" means High School imparting education up to class X and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government and recognition from the Board of Secondary Education, Assam on or before 1.1.2006 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(m)"Venture Higher Secondary School" means a Higher Secondary School simparting education up to Class XII and established by the people of the locality prior to 1.1.2006 which has received permission from the State Government on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act earlier enacted by the State Legislature so far;
(n)"Venture Senior Secondary School" means a Venture Senior Secondary School (erstwhile Junior College) established by the people of the locality prior to 1.1.2006 which has received concurrence from the Government and permission from the Assam Higher Secondary Education Council on or before 1.1.2006 and whereof the services of non-teaching staff have not been provincialised under any Act earlier enacted by the State Legislature so far;
(o)"Venture ME School" including "Venture ME Madrassa" means an Upper-Primary School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 1.1.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far:
Provided that the DISE Code shall have to be issued on or before 2009-10 and DISE Code issued thereafter shall not be considered for the purpose of provincialisation of services of any employee of the institution;
(p)"Venture Upper Primary School" means a School imparting education from class VI up to class VIII and established by the people of the locality prior to 1.1.2006 which has received recognition from the competent authority on or before 1.1.2006 and captured in the DISE Code up to 2009-10 and whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far;
(q)"Venture Educational Institutions" means and includes Venture Degree College, Venture Higher Secondary School, Venture Senior Secondary School, Venture High School, Venture High Madrassa, Venture ME School, Venture ME Madrassa, Venture Upper Primary School and Venture Lower Primary School situated within the State of Assam whereof the services of the non-teaching staff have not been provincialised under any Act enacted by the State Legislature so far:
Provided that the educational institutions which are running professional courses and private institutions run with the fees received from the students shall not come within the purview of the definition of Venture Educational Institution under this clause.
(2)Words and expressions used in this Act and not defined but defined in the Assam Education (Provincialisation of Services of Teachers and Reorganisation of Educational Institutions) Act, 2017 (Assam Act No. XXV of 2017), shall have the same meanings respectively assigned to them in the said Act.