Assam Govt amends Teachers Transfer Act 2020. New rules for teacher transfer eligibility from remote areas & revised penalty adjudication process now effective.
The Government of Assam, through its Legislative Department, has officially published an amendment to the existing regulations governing the posting and transfer of Elementary and Secondary School Teachers. This significant update, known as “The Assam Elementary and Secondary Schools Teachers (Regulations of Posting and Transfer) (Amendment) Act, 2025”, received the Governor’s assent on December 26, 2025, and came into force on December 30, 2025. This amendment introduces crucial changes impacting teacher transfer eligibility and the process for adjudicating penalties related to posting and transfer.
What Changed in the Act?
The amendment introduces several key modifications to the principal Act of 2020. Here’s a breakdown of the major changes:
| Particulars | Revised Provision |
|---|---|
| Amendment to Section 7 (a) – Teacher Transfer Eligibility | A new proviso has been inserted stating that female teachers who have completed 5 (five) years of continuous service and male teachers who have completed 7 (seven) years of continuous service in the remote and difficult areas of the border districts adjoining Bangladesh (specifically Dhubri, South Salmara, and other riverine islands) may now apply for transfer. |
| Insertion of New Section 13A – Adjudication of Penalties & Appeals |
13A (1): The Government shall appoint an Officer not below the rank of Director of Higher/Secondary/Elementary Education as the Adjudicating Officer to determine penalties under Section 13. This officer will hold inquiries and impose penalties in the prescribed manner, after providing a reasonable opportunity of being heard. 13A (2): Any person aggrieved by an order of the adjudicating officer may prefer an appeal to the Secretary of the Department within thirty (30) days of receiving the order. 13A (3): An appeal may be admitted after thirty days if sufficient cause for delay is shown. 13A (4): No appeal will be disposed of without giving the appellant a reasonable opportunity of being heard. 13A (5): Appeals must be disposed of within ninety (90) days from the date of filing. 13A (6) – Recovery: Penalties not deposited shall be recovered as an arrear of land revenue, salary, etc. |
| Amendment to Section 14 (2) – Consequential Changes | New clauses (e) and (f) have been inserted to specify the manner of holding inquiry and imposing penalty under Section 13A(1), and the form and manner of preferring appeal under Section 16A(2) (which refers to the new appeal provisions). The existing clause (d) has been renumbered as (g). |
Reason for the Amendment
The Government of Assam deemed it expedient to amend the Assam Elementary and Secondary Schools Teachers (Regulation of Posting and Transfer) Act, 2020, to streamline the process of posting and transfer, particularly for teachers serving in challenging geographical areas, and to establish a clear framework for adjudicating penalties related to these regulations. This aims to ensure fair practices and address the long-standing demands of teachers.
Action Required & Implications for Teachers
This amendment primarily impacts two groups of teachers:
- For Teachers Seeking Transfer: Female teachers with 5 years and male teachers with 7 years of continuous service in the specified remote/difficult border areas of Assam (like Dhubri, South Salmara, and riverine islands) are now explicitly eligible to apply for transfer under the revised regulations. Teachers in these areas should review the full official notification and the principal Act for detailed application procedures once transfer windows open.
- For Teachers Facing Penalties: The new Section 13A establishes a formal process for the adjudication of penalties and a clear appeal mechanism. Teachers who may be subject to penalties under the Act now have a defined pathway for inquiry, penalty imposition, and the right to appeal to the Secretary of the Department within 30 days.
All Elementary and Secondary School Teachers in Assam are advised to familiarize themselves with these updated regulations to understand their rights and responsibilities concerning posting, transfer, and disciplinary actions.
Important Dates
| Event | Date |
|---|---|
| Assent by Hon’ble Governor of Assam | 26th December, 2025 |
| Publication in Assam Gazette (Effective Date) | 30th December, 2025 |
Frequently Asked Questions (FAQs)
When did the Assam Teachers Transfer Act Amendment 2025 come into effect?
The amendment officially came into force on December 30, 2025, upon its publication in The Assam Gazette Extraordinary.
Who is eligible for transfer under the new rules?
Under the amended Section 7(a), female teachers with 5 years of continuous service and male teachers with 7 years of continuous service in remote and difficult border districts (like Dhubri, South Salmara, and riverine islands) adjoining Bangladesh are now eligible to apply for transfer.
What is the new process for penalty adjudication?
A new Section 13A establishes that an Adjudicating Officer (not below the rank of Director) will be appointed to hold inquiries and impose penalties. Aggrieved individuals can appeal to the Secretary of the Department within 30 days.
What is the deadline for filing an appeal against a penalty order?
An appeal against an order from the Adjudicating Officer must be filed with the Secretary of the Department within thirty (30) days from the date of receipt of such order.
How long will it take for an appeal to be disposed of?
Appeals under the new Section 13A(2) shall be disposed of within ninety (90) days from the date of filing.
Does this amendment affect all teachers in Assam?
While the amendment applies to all Elementary and Secondary School Teachers in Assam, its direct impact is most significant for those seeking transfers from remote/difficult areas and those who may be subject to penalties related to posting and transfer regulations.
Where can I find the full text of the amended Act?
The full text of “The Assam Elementary and Secondary Schools Teachers (Regulations of Posting and Transfer) (Amendment) Act, 2025” is published in The Assam Gazette Extraordinary, available on the official website of the Directorate of Printing & Stationery, Assam (dpns.assam.gov.in).