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State of Assam - Section

Section 6 in Assam Education (Provincialisation of Services of Non-teaching Staff of Venture Educational Institutions) Act, 2018

6. Terms and conditions of service.

(1)Subject to the provisions of this Act and the Rules made thereunder, all rules including service rules and rules of conduct and discipline which are applicable to State Government servant of corresponding ranks, shall be applicable to all employees of educational institutions whose services have been or to be provincialised under the provisions of this Act.
(2)The non-teaching staff whose services have been provincialised under this Act shall get fixed pay as specified in the Schedule with effect from the date of provincialisation of their services, as if they are fresh appointees and they cannot claim any benefit whatsoever in respect of past services rendered by them before provincialisation and in respect of pension, they shall be governed by the New Pension Scheme applicable to the State Government employees of the corresponding rank. However, their fixed salary shall not be less than the minimum wages fixed by the Government from time-to-time under the provisions of the Minimum Wages Act, 1948 (Central Act No. 11 of 1948).
(3)Depending upon the revision of minimum wages fixed by the Government from time-to-time under the Minimum Wages Act, 1948, the Government may revise the fixed salary of the provincialised non-teaching staff by notification in the Official Gazette, so that their fixed salary shall not be less than the minimum wages fixed by the Government under the Minimum Wages Act, 1948 and on such notification having been issued, the Schedule shall be deemed to have been amended.
(4)The non-teaching staff, who have completed sixty years of age as on the date of coming into force of this Act, shall be deemed to have retired with effect from that date and they shall have no claim whatsoever from the State Government as regards their pay, allowances and retirement benefits for services already rendered by them in such educational institutions before the date of provincialisation.
(5)The non-teaching staff whose services have been provincialised under this Act shall hold personal posts to be created for provincialisation of their services. These posts shall be outside the cadre which shall stand abolished on cessation of services by the concerned employee due to retirement, death, resignation or any other reason whatsoever.