ASSAM ACCOUNTS SERVICE RULES, 2017

PREAMBLE

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India, the Governor of Assam is hereby pleased to make the following rules, regulating the recruitment and conditions of service of the persons appointed to the Assam Accounts Service, namely .-

Rule - 1. Short title and commencement.

(1)     These rules may be called the Assam Accounts Service Rules, 2017.

(2)     They shall come into force on the date of their publication in the Official Gazette.

Rule - 2. Definitions.

In these rules, unless these is anything repugnant in the subject or context ,-

(a)      "Appointing Authority" means the Governor of Assam in respect of "Assistant Director of Accounts", "Accounts Officer" and "Deputy Accounts Officer" and the Director of Accounts and Treasuries in respect of "Assistant Accounts Officer";

(b)      "Board" means the Selection Board constituted under rule 14;

(c)      "Commission" means the Assam Public Service Commission;

(d)      "Constitution" means the Constitution of India;

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

(f)       "Government" means the Government of Assam;

(g)      "Member" means a member of the Assam Accounts Service;

(h)     "Select List" means the list referred in clause (d) of sub-rule (1) of rule 6 and the lists finally approved under clause(a) of sub-rule(6) and clause(b)of sub-rule(6) of rule 13;

(i)       "Service" means the Assam Accounts Service; (j) "Schedule" means schedules appended to these rules;

(j)       "Year" means the calendar year i.e. from January to December.

Rule - 3. Class And Cadre.

(1)     The Service shall consist of the following classes and cadres: -

(a)      Assistant Director of Accounts;

(b)      Accounts Officer;

(c)      Deputy Accounts Officer;

(d)      Assistant Accounts Officer,

(2)     The members of the service in the cadre of Assistant Director of Accounts shall belong to class I(Grade-I) Government Service.

(3)     The members of the service in the cadre of Accounts Officer shall belong to Class II (Grade-II) Government Service.

(4)     The members of the service in the cadre of Deputy Accounts Officer shall belong to Class II (Grade-II) Government Service.

(5)     The member of the service in the cadre of Assistant Accounts Officer shall belong to Class III (Grade-Ill) Government Service.

(6)     The Service may also include,

(i)       any post equivalent to a post in any of the cadres mentioned in sub-rule (1), and

(ii)      any cadre of post laid down by Government to be included in a cadre or the service.

Rule - 4.Strength Of Service.

The strength of each cadre of the service shall be such as determined by the Governor from time to time. The strength of the cadres of the service on the date of commencement of these rules shall be as shown in Schedule I:

Provided that the Governor may hold in abeyance any post as and when considered necessary.

Rule - 5. Method of Recruitment.

Recruitment to the cadres of the service shall be made in the manner prescribed hereinafter:-

(1)     Recruitment to the cadres of Assistant Director of Accounts, Accounts Officer and Deputy Accounts Officer shall be made by promotion only.

(2)     Recruitment to the cadre of Assistant Accounts Officer shall be made by direct recruitment through the Commission in accordance with rule 6.

Rule - 6.Direct Recruitment.

(1)     Subject of sub rule (2) of rule 5 and rule 8, direct recruitment to the cadre shall be made on the basis of recommendations made by the Commission in accordance with the procedure hereinafter provided:-

(a)      Before the end of each year (i.e. in the month of December), the Appointing Authority shall make an assessment regarding the likely number of vacancies to be filled up by direct recruitment during the next year and shall intimate the same to the Commission, together with the details about reservation for candidates belonging to Scheduled Caste, Scheduled Tribes or any other category as laid down by the Government from time to time and as provided under rule 16. The Appointing Authority shall follow the provision of Section 7 of the Assam Fiscal Responsibility and Budget Management (AFRBM) Act, 2015 at the time of recruitment.

(b)      The Appointing Authority shall simultaneously request the Commission to recommend a list of candidates for direct recruitment, in order of preference.

(c)      The Commission shall make selection in accordance with the scheme of selection prescribed by the Government and may conduct such competitive examination as per syllabus as at Schedule-II and undertake scrutiny of documents as may be considered necessary.

(d)      The Commission shall prepare a list of all candidates who shall qualify in order of merit in accordance with the aggregate marks obtained by each candidate in the competitive examination. If two or more candidates obtain equal marks, the Commission shall arrange them in order of their relevant merit which shall be determined in accordance with the general suitability of the candidates to the service and accordingly the Commission shall prepare a select list.

(e)      The Commission shall furnish to the Appointing Authority, the list of candidates recommended by as per indent given by the Government. The number of candidates in such a list shall be equal to the number of vacancies notified.

(f)       The Commission shall simultaneously publish the list in the Assam Gazette and such other places as the Commission may consider proper.

(2)     The list mentioned in clause (d) and (e) of sub-rule (1) of this rule shall remain valid for 12 calendar months from the date of recommendation.

(3)     In the event of the Commission being unable to recommend sufficient number of candidates to fill all the vacancies in a year, it shall in consultation with the Appointing Authority, repeat the procedure as mentioned here in before under sub-rule (1) of this rule, for recommending a subsequent list in the year:

Provided that the Appointing Authority shall not make appointment of any candidate from the subsequent list until all the candidates of the earlier list of the same year, eligible for appointment have been offered the appointment.

Rule - 7.Age For Direct Recruitment.

A candidate for direct recruitment to the service shall not be less than 21 years of age and shall not exceed 38 years of age on the first January of the year of advertisement, with relaxation in case of candidates belonging to special categories like Scheduled Castes, Scheduled Tribes and any other category as laid down by the Government in accordance with the orders of the Government in force from time to time.

Rule - 8.Academic Qualification.

The academic qualification of a candidate for direct recruitment shall be as prescribed by the Government from time to time. The qualification and experience prescribed as on the date of commencement of the rules are as below:-

(1)     A candidate for the post of Assistant Accounts Officer must possess a Bachelors degree in Arts or Science or Commerce from a recognized university by the Government of Assam or equivalent.

(2)     A candidate for the post of Assistant Accounts Officer must possess computer skills for handling data and text on computer.

Rule - 9.Physical Fitness.

A candidate for direct recruitment shall be,

(1)     of sound health, both mentally and physically, and free from organic defect or bodily infirmity likely to interfere with the efficient performance of his duties; and

(2)     required to undergo medical examination before the appointment to the service.

Rule - 10.Character.

A candidate for direct recruitment shall produce to the Commission, certificates of good character from,

(i)       the Principal/Academic Officer of the University or College or such educational institutions in which he studies last; and

(ii)      two respectable persons, who are well acquainted with (but not related to) the candidate.

Rule - 11.Recruitment By Promotion.

Appointment by promotion in the cadre shall be made in the manner provided hereinafter:

(1)     Subject to suitability as may be decided by the Board and by the Appointing Authority, an Officer belonging to the Assam Accounts Service and possessing the qualifications and experience as set forth herein below shall be eligible for promotion from one cadre to another next higher cadre of the service in the manner provided in rule 13 and 14.

(2)     A member of the cadre of Accounts Officer in the Assam Accounts Service shall be eligible for promotion as Assistant Director of Accounts subject to the following conditions:

(a)      A member of the service in the cadre of Accounts Officer shall be eligible for promotion to the cadre of Assistant Director of Accounts on completion of minimum 10 years of continuous service in the cadre of Accounts Officer on the first January of the year in which the promotion is considered.

(b)      He/She has successfully undergone the training and passed departmental examination as may be prescribed for the purpose.

(3)     A member of the cadre of Deputy Accounts officer in the Assam Accounts Service shall be eligible for promotion as Accounts officer subject to the following conditions:

(a)      A member of the service in the cadre of Deputy Accounts Officer shall be eligible for promotion to the cadre of Accounts Officer on completion of minimum 7 years of continuous service in the cadre of Deputy Accounts Officer on the first January of the year in which the promotion is considered.

(b)      He/She has successfully undergone the training and passed the Departmental Examination after training as may be prescribed for the purpose.

(4)     A member of the cadre Assistant Accounts Officer in the Assam Accounts Service shall be eligible for promotion as Deputy Accounts Officer subject to the following conditions:

(a)      A member of the service in the cadre of Assistant Accounts Officer shall be eligible for promotion to the cadre of Deputy Accounts Officer on Completion of minimum 5 years of continuous service in the cadre of Assistant Accounts Officer on the first January of the year in which the promotion is considered.

(b)      He has successfully undergone the training and passed the departmental examination after training as prescribed in the syllabus in Schedule-Ill for the purpose.

Rule - 12.Promotion.

(1)     Vacancies in the cadre of Assistant Director of Accounts, Accounts Officer and Deputy Accounts Officer to the extent as specified in sub-rule (1) of rule 5 shall be filled up by promotion.

(2)     In case of specialization of a member of the service posted in connection with the specialized subject, shall be retained in the same specialized work, on his promotion in the normal course by creation of higher post in the cadre to which he is so promoted, keeping the lower post in abeyance, if the Government considers that such an officer cannot be withdrawn from the specialized work due to non-availability of any other officer of the lower or equivalent cadre in the service to perform the specialized work.

Rule - 13.General Procedure Of Promotion.

(1)     Before the end of each year the Appointing Authority shall make an assessment of the likely number of vacancies to be filled by promotion in the next year in each cadre.

(2)     The Appointing Authority shall then furnish to the Board the following documents and information with regard to as many officers in order, of seniority as is eligible for promotion: -

(a)      information about the number of vacancies;

(b)      list of officers in order of seniority, eligible for promotion (separate list for promotion to different cadres shall be furnished) indicating the cadre to which the case of promotion is to be considered;

(c)      character rolls and personal files of the officer listed;

(d)      details about reservation of vacancies in case of promotion to the cadre meant for reserved categories;

(e)      any other documents and information as may be considered necessary by the Appointing Authority or required by the Board.

(3)     The Appointing Authority shall simultaneously request the Board to recommend within one month a list of officers, found suitable for promotion in order of preference, in respect of promotion to each of the cadre in which recruitment is to be made by promotion.

(4)     The selection shall be made on the basis of seniority with due regard to merit in case of promotions as stated above under rule 12 and rule 11.

(5)     The Board, after examination of the documents and information furnished by the Appointing Authority shall recommend to the Appointing Authority, shall recommend a list of officers against the number of vacancies, in order of preference, found suitable for promotion.

(6)     The Appointing Authority on receipt of the lists recommended by the Board in respect of Assistant Director of Accounts and Accounts Officer and Deputy Accounts Officer shall,

(a)      consider the list prepared by the Board along with character rolls and personal files of the employees and approve the list unless it considers any change necessary. If the Appointing Authority considers it necessary to make any change in the list received from the Board, he shall inform the Board of the change proposed and after taking into account the comments, if any, of the Board may approve the list finally with such modifications if any, as may, in his opinion be just and proper.

(b)      forward the lists for the post of Assistant Director of Accounts, Accounts Officer, Deputy Accounts Officer, to the Commission together with the information on the documents as referred to in sub-rule (2) of rule 13 requesting to approve the list.

(c)      the Commission shall consider the list recommended by the Board together with the information as may be required by the Commission and obtained from the Appointing Authority. The Commission shall finally approve the list with such modification as it considers just and proper:

Provided that the Appointing Authority shall keep the promotion of an officer under seal cover who has Departmental proceeding or any enquiry pending and cannot be disposed of immediately and till its finalization. If the Departmental enquiry is not finalized within one year the matter may further be placed before the Board.

(7)     The inclusion of a candidate's name in a select list shall confer no right to promotion unless the Appointing Authority is satisfied after such enquiry as may be considered necessary that a candidate is suitable for promotion.

(8)     The list finally approved by the Appointing Authority and by the Commission as the case may be, shall be published by the Appointing Authority within 15 days from the date of final approval.

(9)     The select list shall remain valid for 12 calendar months from the date of approval by the Commission or by the Board as the case may be.

(10)   The promotion shall be in accordance with the list finally approved by the Appointing Authority.

Rule - 14.Selection Board.

The Board, as referred to in rules 11, 12 and 13 shall consist of the following:

(1)     Board for considering promotion to the posts of Assistant Director of Accounts, Accounts Officer and Deputy Accounts Officer shall be constituted with the following members:-

(i)       The Senior most Secretary to the Government of Assam, Finance Department.- Chairman

(ii)      The Senior most Secretary to the Government of Assam, Personnel Department or his Nominee who shall not be below the rank of 'Deputy Secretary'. - Member

(iii)     Director of Accounts and Treasuries, Assam - Member

(iv)    Deputy Secretary or Under Secretary to the Government of Assam - Finance (Estt.-B) Deptt. as may be decided by the Department.- Member Secretary

Rule - 15.Disqualification.

(1)     No person shall be eligible for appointment to the service,

(a)      unless he is a citizen of India; and

(b)      if he has more than one wife living or in case of a female candidate who has married a person who has one wife living:

Provided that the Governor may if he is satisfied that there is a special ground for doing so, exempt any person from the operation of this clause.

(2)     No person who attempts to enlist support for his candidature directly or indirectly by any recommendation, either written or oral or by any other means, shall be appointed to the service.

Rule - 16.Reservation.

In all cases of appointment by direct recruitment as well as by promotion there shall be reservation in case of candidates belonging to the member of Scheduled Castes, Scheduled Tribes as per provision of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Service and Post) Act. 1978 (Assam Act No. XII of 1978) and rules framed there under with up- to -date amendments. There shall be also reservation for candidates belonging to Other Backward Class as per Government instructions contained in O.M. No. TAD/OBC/1/2004/55 dtd. 31-5-2005 for direct recruitment only. Reservation in favour of women as per the Assam Women (Reservation of Vacancies in Service and Post) Act, 2005 (Assam Act No. XXIX of 2005) and Person with Disabilities (Equal opportunities, Protection of Right and full Participation) Act. 1995 (Central Act No. 1 of 1996) shall also be followed in direct recruitment.

Rule - 17.Appointment.

(1)     Subject to the provision of sub-rule (2) of this rule, appointment under rule 6 shall be made by the Appointing Authority in accordance with the order of preference determined in the list referred to in clause (d) of sub-rule (1) of rule 6.

(2)     The inclusion of a candidate's name in the list mentioned in clause (d) of sub-rule (I) of rule (6) shall confer no right to appointment unless the Appointing Authority is satisfied after such enquiry as prescribed by the Government from time to time and also, as may be considered necessary, that a candidate is suitable in all respect for appointment to the service.

Rule - 18.Joining Time.

A person shall join within 15 days from the date of receipt of the order of appointment or of promotion, failing which the appointment shall be cancelled unless the Appointing Authority extends the period, which shall not, in any case exceed three months.

Rule - 19.Training.

A member of the service shall be required to undergo such training and pass such examination as The Government may prescribe from time to time.

Rule - 20.Discharged Or Reversion.

A temporary or officiating employee shall be liable to be discharged or reverted to the lower cadre of the service or his original service, if,

(a)      he fails to make sufficient use of the opportunities given during any training as may be prescribed by the Government from time to time, fails to render satisfactory service during his/her tenure of service in the cadre; and/or

(b)      if it is found on a subsequent verification that he/she was initially not qualified for the appointment or that he/she had furnished any incorrect information with regard to his appointment; and/or

(c)      if he/she fails to comply with any of the provisions of these rules.

Rule - 21.Seniority.

(1)     The seniority of a member in cadre of appointment by direct recruitment or by promotion shall be determined according to the order of preference in the respective list recommended by the Commission/Board under rule 6 and also in the respective list finally approved by the Appointing Authority under sub-rule (6) (a) of rule 13 and approved by the Commission under sub-rule (6) (c) of rule 13 if he joins the appointment within 15 days from the date of receipt of the order or within the extended period as mentioned in rule 18.

(2)     If a member fails to join the appointment within the initial 15 days of receipt of the order or within the extended period, as mentioned in rule 18 but joins later, his seniority shall be determined in accordance with the date of joining.

Rule - 22.Probation And Confirmation.

(1)     Subject to availability of a permanent vacancy in the respective cadre, a member of the service shall be placed, according to seniority on probation against the permanent vacancy for a period of two years before he is confirmed against the permanent post:

Provided that the period of probation may for good and sufficient reasons be extended by the Appointing Authority for any specific period, not exceeding a period of two years:

Provided further that the period of probation may be curtailed or dispensed with in any case for good and sufficient reason by the Appointing Authority. 

(2)     A member of the service placed on probation under (1) sub-rule above of this rule, shall be confirmed against the permanent post subject to the following conditions:-

(a)      he has completed the period of probation to the satisfaction of the Appointing Authority in accordance with sub-rule (1).

(b)      he has successfully undergone the Training and passed the departmental examination, if any, prescribed by the Government under rule 19.

(3)     If confirmation of a member is delayed on account of his failure to qualify for such confirmation, he shall lose his position in order of seniority vis-a-vis such of his junior as might be confirmed earlier to him. His seniority shall, however, be restored on his confirmation subsequently.

Rule - 23.Gradation List.

A Gradation list shall be prepared and published every year containing the name of all members of the service, cadre wise in order of seniority and such other particulars as date of birth, date of appointment etc.

Rule - 24. Pay.

The scale of pay of the posts in the cadres of the Service, on the date of commencement of these rules are as shown at Schedule-I.

Rule - 25. Mode of Employment.

(1)     Members of the service shall be employed in such manner as the Appointing Authority may decide.

(2)     A member of the service may be posted anywhere within the State of Assam or outside Assam or to any other department of the Government, a Body Corporate, in the affairs of which the Government may be substantially interested or an Autonomous District Council if so required in the interest of public service and in such case the member shall not have any objection against such posting or transfer.

Rule - 26. Other Conditions of Service.

(1)     Except as provided in these rules all matters relating to pay and allowance, leave, pension, discipline and other conditions of service shall be regulated by the general rules or orders of the Government for the time being in force.

(2)     The conditions of service of the members, in respect of matters, for which no provision has been made in these rules, shall be the same, as are, for the time being, applicable to other officers of the Government, of the corresponding status and having similar functions.

Rule - 27.Relaxation.

Where the Government is satisfied that the option of any of these rules, causes undue hardship in any particulars case, it may dispense with or relax the requirement of that rule to such extent and subject to such conditions, as it may consider necessary dealing with the case in a just and equitable manner:

Provided that the case of any person shall not be dealt with in any manner less favourable to him than provided in these rules.

Rule - 28.Interpretation.

If any question arises relating to the interpretation of these rules the decision of the Government shall be final.

Rule - 29. Repeal And Savings.

The rules corresponding to these rules and in force immediately before commencement of these rules i.e. exiting rules namely, The Assam Subordinate Accounts Service Rules, 1963 and subsequent amendment made thereto are hereby repealed:

Provided that all orders made or action taken under the rules so repealed or under any general orders ancillary thereto shall be deemed to have been validly made or taken under the corresponding provisions of these rules.

SCHEDULE I

(Rule 4 and 24)

(Strength of each of the service and the time scale of pay)

SCHEDULE II

(Rule 6)

(Rule and syllabus for recruitment to the cadre of Assistant Accounts Officer)

The syllabus of the examination will be as follows:-

(1)     Essay and Precis Writing, Grammar and Composition:- The standard will be similar to that of the degree examination.

(2)     Arithmetic:- The standard will be similar to that of the same as prescribed for the H.S.L.C. examination.

(3)     General knowledge:- The standard will be similar to that of the General knowledge for a degree exam.

(4)     Knowledge of computer:- The knowledge of computer skills for handling data and text on computer.

The written examination in case of papers on Arithmetic, General Knowledge and Computer will be objective type with two hours duration and the paper on General English will be conventional essay type and duration will be for 2 (two) hours.

SCHEDULE-III

[Rule 11(5)(b)]

(Syllabus for Assam Accounts Service departmental examination for Assistant Accounts Officer)