THE ASSAM SECONDARY EDUCATION (MIDDLE ENGLISH SCHOOLS AND HIGH SCHOOLS) (PROVINCIALISATION) RULES, 1979

[THE ASSAM SECONDARY EDUCATION (MIDDLE ENGLISH SCHOOLS AND HIGH SCHOOLS) (PROVINCIALISATION) RULES, 1979][1]

PREAMBLE

In exercise of the powers conferred by Section 7 of the Assam Secondary Education (Provincialisation) Act, 1977, the Governor of Assam is pleased to notify the Assam Secondary Education (Middle English Schools and High Schools) (Provincialisation) Rules, 1979 for provincialisation of Services of the Employees not falling within the purview of the said Act

Now, in exercise of the powers conferred by Section 7 of the Assam Secondary Education (Provincialisation) Act, 1977, the Governor of Assam is pleased to make the following rules for provincialisation of the Services of the Employees of the Secondary Schools, namely-

Rule - 1. Short title, extent and commencement.

(1)     These Rules may be called the Assam Secondary Education (Middle English Schools and High Schools) (Provincialisation) Rules, 1979.

(2)     These rules shall come into force with immediate effect.

(3)     These rules shall extend to the areas where the Assam Secondary Education (Provincialisation) Act, 1977 is in operation.

Rule - 2. Definitions.

(1)     In these rules, unless there is anything repugnant in the subject or context-

(i)       "Act" means the Assam Secondary Education (Provincialisation) Act, 1977 (Act No. XIX of 1977);

(ii)      "Fixed date" will mean the 1st day of the month in which the services of the employees of a School are provincialised;

(iii)     "Government" means the State Government of Assam;

(iv)    "Governor" means the Governor of Assam;

(v)      "Graduate" means a person holding a Bachelor's Degree in Arts, Science or Commerce stream from a recognised University.

(2)     Words and phrases used in these rules but not defined will bear the same meaning as in the Act.

Rule - 3. Eligibility of High Schools for Provincialisation.

The minimum requirement as on the fixed date for a High School to have the services of its employees provincialised shall be as given below-

(i)       Minimum enrolment shall be 120 in case of 3 Class High School and 240 in case of 6 Class High Schools provided that this minimum shall be 70 in case of Secondary Schools meant only for female students and 140 in case of any School in the areas administers under the provisions of the Sixth Schedule of the Constitution of India;

(ii)      Every such School must have-

(a)      trained Graduate Teacher with at least 5 years teaching experience as Head Master;

(b)      Where there are 6 classes, an Assistant Head Master who is Graduate with minimum 3 years teaching experience;

(c)      Graduate teachers, excluding the Head Master and the Assistant Head Master equal to the number of Sections in the upper three classes and at least one of them must be a graduate in Science. In case of a School where there is co-education, there should be at least one graduate lady teacher;

(d)      one graduate with classical subject in the Degree course or holder of Matric title for every classical subject;

(e)      One Hindi teacher having qualification in Hindi equivalent to Bachelor's Degree;

(f)       One office Assistant :

Provided that the Government may relax any of the minimum requirements in the public interest in the areas prescribed in the Sixth Schedule of the Constitution.

Rule - 4. Eligibility of Middle English Schools for Provincialisation.

The minimum requirement as on the fixed date of a Middle English School to have the services of its employees provincialised shall be as given below-

(i)       One Intermediate passed or Matric Normal or Normal passed teacher for every Section of Classes V to VIII. There should be at least 2 Intermediate passed teacher amongst them;

(ii)      minimum total enrolment 70 relaxableupto 50 at the discretion of the Director of Public Instruction or the Director of Elementary Education, as the case may be, in areas administered under Sixth Schedule of the Constitution of India and other more backward areas as defined by the Government from time to time;

(a)      a Head Master who is a Graduate relaxableupto Intermediate/P.U. (two year) by the Government in exceptional cases;

(b)      Assistant Teachers who are either Normal, Matric or Intermediate passed;

(c)      minimum one teacher (including Headmaster) for each Section;

(d)      One Hindi teacher having qualification in Hindi equivalent to Intermediate Examination :

Provided that the Government may relax any of the minimum requirements in the public interest in the areas prescribed in the Sixth Schedule of the Constitution.

Rule - 5.

The State Government may by notification to be published in the official Gazette, provincialise the services of employees any High School or Middle English Schools and consequent upto such provincialisation, all the provisions of the Act and the rules framed thereunder shall apply to the employees.

Rule - 6. Power to relax rules etc.

If any difficulty arises in giving effect to these rules, the Government may by order relax the provisions of these rules where Government is satisfied that such relaxation is necessary or expedient for the purpose of removing that difficulty.