Assam Elementary Education (Provincialisation) Act, 1974
[Act No. VI of 1975]1
Preamble
An
Act
to provide for provincialisation of the Elementary Education in the State of Assam;
Whereas it is expedient to provincialise the services of the teachers of Elementary School including Pre-primary Schools and the employees of the respective Boards;
And whereas it is expedient that the management and control of Elementary Education hitherto vested in the authorities under the provisions of the Assam Elementary Education Act, 1968, be taken over by the State Government;
It is hereby enacted in the Twenty-Fifth year of the Republic of India as follows-
Statement of Objects and Reasons2
The objective is to provincialise the services of the employees of the different categories of the State Board and Regional Boards for Elementary Education and bringing them under direct management and control of the State Government.
Under this Act all assets and liabilities of the State Board and all Regional Boards shall vest in the Government.
Arrangement of Sections
Statement of Objects and Reasons
(Assam Amendment Act No. VI of 1987)3
Prior to the enactment of Assam Elementary Education (Provincialisation) Act, 1974 (hereinafter called the principal Act) the following Acts were made to make provisions for management and control of free and compulsory education in the State of Assam.
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The Assam Basic Education Act 1954 (Act XXVI of 1954).
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The Assam Elementary Education Act, 1962 (Act XXX of 1962).
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The Assam Elementary Education Act, 1968 (Act XVII of 1969).
But no where in the principal Act it has been provided that past services of the teachers and employees rendered during the Board's regime under the above repealed Acts shall qualify and be counted towards pension and other benifits. For the purpose of pension, the services of such and other employees taken over on provincialisation on 5th September, 1975 should be substantive and permanent under the Government. Further, the teachers and employees who rendered services during the above repealed Acts were paid out of the fund created by the State Government. But this was not mentioned for the purpose of pension in the principal Act.
Hence the
Bill .Footnotes:
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Received the assent of the Governor on 9.6.1975, Published in the Assam Gazette, Extraordinary No. 64, Dated 17.6.1975, (pp.344-358).
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Published in the Assam Gazette, Extraordinary No. 133, Dated 18.9.1974.
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Published in the Assam Gazette Extraordinary No.21, dated the 5th March, 1987.
Section 1 - Short title, extent and commencement
(1) This Act may be called the Assam Elementary Education (Provincialisation) Act, 1974.
(2) It extends to the whole of Assam except the autonomous districts:
Provided that the Governor may, with the consent of the District Council concerned, extend all or any of the provisions of this Act to all or any of the autonomous districts on such date or dates as may be notified in this behalf.
(3) It shall come into force on such date of as the State Government may, by notification in the official Gazette, appoint1.
Footnote:
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With effect from 5th September 1975, vide Not. No.EPS. 15/73, dated 2nd September, 1975. Published in the Assam Gazette Extraordinary No.109, dt. 3/9/1975.
And the Act was extended to Karbi Anglong Hills District vide notification No. EPE.59/82, Dt. 6.7.1982 and published in the Assam Gazette, Part-IIA, Dt. 29.9.1982, at page 2004 with immediate effect.
Section 2 - Definition
In this Act, unless there is anything repugnant in the subject or context.-
(a) "Area of compulsion" means an area specified for the purpose of making Elementary Education compulsory under section 14;
(b) "Autonomous district" means the district under the Sixth Schedule to the Constitution of India;
(c) "Child" means a person of either sex who has completed five years of age and has not exceeded fourteen years or of such age as the State Government, may from time to time, prescribe;
(d) "District Council" means a District council constituted under sub-paragraph (1) of paragraph 2 of the Sixth Schedule to the Constitution of India;
(e) "Elementary Education" means education of such class or standard, as may be prescribed;
(f) "Elementary School" means a School where elementary education is imparted;
(g) "Guardian" means the person to whom the duty of (p) taking care of, bringing up or the custody of the child has been entrusted by law or Custom or by any lawful authority or who has in fact accepted or assumed such duty or has actual custody of such child or where such guardian cannot be readily ascertained or such person as the local authority shall decide;
(h) "Local Authority" means the Guwahati Municipal Corporation, a Municipal Board as defined in the Assam Municipal Act, 1956, a Town Committee established under the said Act and a Mahkuma Parishad and a Gaon...
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