Section 3 in The Assam College Employees (Provincialisation) Act, 2005
3. Employees to be provincialised.
- Subject to the provisions of Articles 30 and 309 of the Constitution of India, all employees of the Colleges, save and except the employees who exercise option to continue in the existing terms and conditions of service under Clause (d) below, shall be deemed to have become the employees of the Government on and from the date on which the Colleges have been brought under the deficit system grants-in-aid, on the following terms and conditions, namely :-(a)all rules including the rules of conduct and discipline, which are applicable to the Government servants of corresponding grade similarly situated shall be applicable;(b)the existing employees will continue to receive their respective existing scales of pay and other allowances etc. as admissible to them under relevant rules and orders of the Government;(c)[ The posts in each provincialised College shall constitute an independent cadre for each category of employees including the post of the Principal. No inter cadre transfer from one college to another shall be allowed. Government may, however, for reasons to be recorded in writing, and in public interest, transfer a Principal from one Collage to another;] [Substituted by Assam Act No. 30 of 2017, dated 24.5.2017.](d)the existing employees who want to continue in the existing terms and conditions of service shall give an option in waiting to the Director, Highest Education, Assam within period of three months from the date of coming into force of this Act:Provided that the option once exercised by an existing employee is final and cannot be changed afterwards ;(e)any existing employee who does not exercise option under clause (d) shall be deemed to have opted for provincialisation under the provisions of this Act;(f)the employees of the Colleges provincialised after coming into force of this Act shall have no right of option under clause (d); and(g)all existing employees who do not exercise option under clause (de) shall have to refund the State Government's share of the Contributory Provident Fund with interest within six months from the date of coming into force of this Act:Provided that if any existing employee who fails to refund the State Government's share of Contributory Provident Fund with interest within the said stipulated period such employee shall be deemed to have been opted to remain under the existing terms and conditions of service applicable to them before provincialisation.
