ASSAM LAND RECORDS SUBORDINATE SERVICE RULES, 2023

 

PREAMBLE

In exercise of the powers conferred by the provisio to Article 309 of the Constitution of India, the Governor of Assam is hereby pleased to make the following rules regulating the recruitment and the conditions of service, of the persons appointed to the Assam Land Records Subordinate Service, namely:-

Rule - 1. Short title and Commencement.

(1)     These rules may be called The Assam Land Records Subordinate Service Rules, 2023.

(2)     They shall come into force w.e.f. the 1st of April, 2023.

Rule - 2. Definition.

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

(a)      'Appointing Authority' means the Director of Land Records, Assam;

(b)      'Board' means the Selection Board constituted under rule 13;

(c)      'Constitution' means the Constitution of India;

(d)      'Direct recruitment' means an appointment made otherwise than by promotion from within the service or by transfer of an official already in the service of the Government of India or Assam;

(e)      'Director' means Director of Land Records, Assam;

(f)       'Government' means Government of Assam;

(g)      'Governor' means the Governor of Assam;

(h)     'Act' means the Assam Land and Revenue Regulation, 1886;

(i)       'Member' means a member of The Assam Land Records Subordinate Service;

(j)       'Schedule' means the schedule appended to these rules;

(k)      'Select List' means the list as referred to, selected and recommended by the "Board" for recruitment to a cadre both by direct recruitment or by promotion;

(l)       'Service' means the Assam Land Records Subordinate Services;

(m)    "University" means a recognized university established by an Act of the Centre or State of Assam and includes any other university recognized by the Governor subject to such limitations or conditions as may be deemed necessary;

(n)     "Commission" means The Assam Public Service Commission;

(o)      'Year' means calendar year, i.e. from January to December.

Rule - 3. Class and Cadres.

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

(a)      Class I: It includes the cadre of (i) Land Record Officer

(b)      Class II: It includes the cadre of (i) Land Record Inspector

(c)      Class III: It includes the cadre of (i) Land Record Supervisor and (ii) Land Record Assistant.

(2)     The Service may also include;

(a)      any post equivalent to a post in any of the cadres mentioned in Schedule-I so prescribed;

(b)      any cadre or post as laid down by Government to be included in a cadre or service.

Rule - 4. Strength of Service.

The strength of each cadre in a class of the service shall be such as may be determined by the Government 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 for uniformity, the cadres of Mandal or Amin or Patwari shall be renamed as Land Record Assistant and the cadre of Supervisor Kanungo shall be renamed as Land Record Supervisor. Similarly, Inspector of Land Records shall be renamed as Land Record Inspector:

Provided further, that the Governor may hold in abeyance any post as and when considered necessary:

Provided further, that the Governor may review the cadre as well as the strength of service as and when felt necessary.

Rule - 5. Method of recruitment.

Recruitment to a cadre of the service shall be made in the following manner:-

(1)     Land Record Assistant :- by direct recruitment on the basis of competitive examination conducted by selection Board as per rule 6 and followed by a six months training and passing of the prescribed course under Assam Survey, Settlement and Training Centre, Assam.

(2)     Land Record Supervisor :- By promotion from the cadre of Land Record Assistant who have passed the prescribed course from Assam Survey and Settlement Training Centre, Assam and have rendered ten years of continuous service on the first day of the year in which selection is made.

(3)     Land Record Inspector :- By promotion from the cadre of Land Record Supervisor who have completed five years of continuous service as Land Record Supervisor in accordance with rule 11.

(4)     Land Record Officer :- By promotion from the cadre of Land Record Inspector, who have rendered at least one year of continuous residual service, on the first day of the year in which selection is made.

Rule - 6. Procedure of Direct Recruitment.

(1)     Direct recruitment shall be made on the basis of recommendations made by the Board in accordance with the procedure provided hereinafter:

(a)      At the beginning of each year (i.e. the month of January) the Appointing Authority shall make assessment regarding the likely number of vacancies to be filled by direct recruitment during the next year and shall intimate the same to the Board together with details about reservation for candidates belonging to Scheduled Caste, Scheduled Tribes and any other category as laid down by the Government as provided under rule 15 and about carry forward of such reservation.

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

(c)      A competitive examination shall be held by the Board/ in accordance with rules and syllabus as per Schedule IV and 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 Test which shall be in Multiple Choice Questions (MCQ) pattern. If two or more candidates obtain equal marks, the Board shall arrange them in order of their relevant merit which shall be determined in accordance with the marks obtained by the candidates in mathematics. The list shall be forwarded by the Board to the Appointing Authority.

(d)      The Board shall furnish to the Appointing Authority a list of candidates recommended by it in order of preference, found suitable for direct recruitment showing the marks obtained in the examination. The number of candidates in such a list shall be equal to the number of vacancies notified.

(e)      The Director of Land Records, Assam shall simultaneously publish the select list in the Assam Gazette and or at such other places as he may consider proper.

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

(3)     The selected candidates shall undergo 6 (six) months training course as may be prescribed from time to time by the Government subject to execution of a bond in the prescribed form as given in Schedule- III. On completion of the training and passing of the examination, the successful candidates shall be eligible for appointment.

(4)     Every successful candidate at the time of joining the Service shall be asked to furnish 5 choices of district in descending order in which he would like his posting and his appointment shall be subject to availability of seats and on the basis of Roster. After allotment of district there shall be no change in the allotment of district at least up to a period of 5 years.

(5)     The prescribed training course shall be in two parts namely, Survey and Settlement as prescribed by the Assam Survey and Settlement Training Centre in consultation with the Director.

(6)     If any of the candidates fail to pass in one of the parts or both, he may subsequently be allowed to sit for re-examination in that subject or in those subjects as the case may be:

Provided that if the candidates fails in the Survey and Settlement training, he shall have to attend the training programme at Assam Survey & Settlement Training Centre again for the term during which the trainees are taught the subject and shall be required to sit for re-examination therein.

Provided further that if the candidates fail in Survey and Settlement in second chance too, he shall have to attend the Assam Survey and Settlement Training in Centre again for the term during which the trainees are taught the subject and shall be required to sit for re-examination therein.

(7)     A candidate shall get total three chances for qualifying in the examination.

(8)     During the training the candidates shall be entitled to get a monthly stipend as prescribed.

(9)     If a candidate fails and attends in the Survey and Settlement Training subsequently as per sub-rule (5), of this rule in that case the candidate shall not be entitled for stipend during subsequent training.

(10)   If any candidate is unable to pass the exam in three chances, he shall not be eligible for appointment.

Rule - 7. Age for direct recruitment.

A candidate for direct recruitment to the Service shall be minimum 21 years of age and shall not exceed 40 years on the 1st January of the year of advertisement with relaxation in case of Scheduled Caste/Scheduled Tribe or any other category as laid down by the Government and in accordance with the orders of Government in force from time to time.

Rule - 8. Academic Qualification.

The minimum requisite academic qualification of a candidate for direct recruitment in any cadre in the Service shall be as prescribed by the Governor from time to time as per Schedule-II.

Rule - 9. Physical fitness.

A candidate for direct recruitment shall be,-

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

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

Rule - 10. Character.

A candidate for direct recruitment shall produce to the Board/Appointing Authority certificate of good character from,-

(a)      The Principal/Academic Officer of the University or College or Institute in which he/she studied last; and

(b)      Two responsible persons, who are well acquainted with the candidate but not related.

Rule - 11. Recruitment by Promotion.

Recruitment by promotion in the cadres shall be made in the manner hereinafter provided:-

Before the end of each year (i.e., in the month of December), the Appointing Authority shall make an assessment of the number of vacancies occurred or likely to occur for filling up by promotion in the next year in each cadre.

Subject to suitability as may be decided by the Board and by the Appointing Authority an official belonging to this Service and possessing the educational qualification as appended in Schedule-I set forth below shall be promoted to the respective cadre in the manner as provided in rule 12 and 13:

Provided that the Governor may for good and sufficient reasons fill any of the posts for specialized investigation, design, research work temporarily or on tenure by transfer or deputation from outside the Service, if he is satisfied that there is no suitable officer available in the Service for filling the vacancy.

(a)      Promotion from Land Record Assistant to the cadre of Land Record Supervisor shall be based on the subsequent vacancy in the cadre.

(b)      Promotion from Land Record Supervisor to the cadre of Land Record Inspector/Inspector of Land Records shall be based on the subsequent vacancy in the cadre;

(c)      Promotion from Land Record Inspector to the cadre of Land Record Officer shall be based on the basis of subsequent vacancy in the cadre.

Rule - 12. 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 up 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 are eligible for promotion:-

(a)      information about the number of vacancies,

(b)      list of officers in order of seniority,

(c)      APAR/ACR rolls and personal files of listed persons,

(d)      details about reservation in case of promotion to the service under rule 15 and about carry forward of vacancies of such reservation as provided; and

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

(5)     The Appointing Authority on receipt of the list recommended by the Board shall 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 changes 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.

(6)     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.

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

(8)     The promotions shall be in accordance with the list so approved.

Rule - 13. Selection Board.

(1)     The Selection Board for direct recruitment as referred to in rule 5, 6, 11 and 12 shall consist of the following: -

(2)     Promotion to the rank of Land Record Inspector and Land Record Officer will be recommended by the following Selection Board which shall consist of followings members, namely:-

Rule - 14. Disqualification.

(1)     No person shall be eligible for appointment to the Service:

(i)       unless he/she is a citizen of India; and

(ii)      (a) if he/she has entered into or contracted a marriage with a person having a spouse living; or

(b) he/she having a spouse living has entered into or contracted marriage with any person, shall be eligible to any post in the Service:

Provided that the Governor may, if he is satisfied that such marriage is permissible under personnel law applicable to such person and other party to the marriage and there are grounds for doing so, exempt any person from the operation of this clause.

(iii)     If a person, violates the legal age of marriage;

(iv)    If he does not comply to the provisions of Assam Public Service (Application of small family norms in direct recruitment).

Rule - 15. Reservation.

In all cases of selection for the prescribed training course or 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 the provision of the Assam Scheduled Castes, Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978 and rules framed thereunder. There shall be also reservation for candidates belonging to the other Backward Classes as per Government instructions contained in OM.NO.TAD/OBC/1/2004/55 dated 31-05-2005 for direct recruitment only. Reservation in favour of women as per the Assam women (Reservation of Vacancies in Service and Post) Act 2005, and rules framed under the Rights of Persons with Disabilities Act, 2016 and Reservation for Economically Weaker Section (EWSs) as per OM No. 36039/1/2019-Esstt (Res) dated 31/01/2019 and subsequent Government order shall also be followed in direct recruitment as well as in promotion.

Rule - 16. Appointment.

(1)     Subject to the provision of sub-rule (2) of this rule, the 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 (c) of sub-rule (1) 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.

(3)     Director of Land Records shall divide the vacancies reserved for each cadre among various districts in such a way that each district gets a fair share of representation of each cadre of the Service as far as possible. The Director of Land Records, Assam shall then divide the selected candidates cadre wise among the districts. In dividing the candidates, the Director of Land Records, Assam shall consider the merit and preference by the selected candidates category wise as far as possible and the decision of the Director shall be final.

Rule - 17. 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 all, exceed three months.

Rule - 18. Training.

A member of the Service shall be required to undergo such training and pass such departmental examination as the Government may prescribe.

Rule - 19. Discharge or Reversion.

A temporary or officiating member of the Service shall be liable to be discharged or reverted to the lower cadre of the Service or to his /her original services, if:-

(1)     he/she 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

(2)     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/her appointment.

Rule - 20. Seniority.

(1)     The seniority of a member in a cadre appointed by direct recruitment or by promotion shall be determined according to the order of preference in the respective list recommended by the Board under rule 6 and also in the respective list finally approved by the Appointing Authority under clause (d), of sub-rule (1) of rule 6 and under sub-rule (4) of rule 12, if he/she joins the appointment within 15 days from the date of receipt of the order or within the extended period as mentioned in rule 17.

(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 17, but joins later, his/her seniority shall be determined in accordance with the date of joining.

Rule - 21. Probation and Confirmation.

(1)     Subject to availability of a permanent vacancy in the respective cadre, a member shall be placed, according to seniority on probation against the permanent vacancy for a period of two years before he/she 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 special 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 reasons by the Appointing Authority.

(2)     A member of the Service placed on probation under Sub-Rule (1) above shall be confirmed against the permanent post subject to the following conditions:

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

(b)      he/ she has successfully undergone the training and passed the Departmental Examination, if any, prescribed by Government under rule 18, and

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

Rule - 22. Gradation.

(1)     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 joining, date of superannuation, category, grade, home district etc.

Provided the members of existing district cadres shall be arranged in accordance with their date of joining in the specified post of the cadre:

Provided further, that in case of date of joining being the same the tie shall be broken in order of date of birth:

Provided further, that in case of a tie in date of joining and also date of birth, the candidates shall be arranged in alphabetical orders.

(2)     A member of existing district cadre shall be deemed to have migrated to the state cadre prescribed in these rules except if the member of the existing cadre opts, within forty-five days from publication of these rules in the official gazette, for continuation in the district cadre on the ground of date of superannuation being within three years or any other ground, he/she may be allowed to continue in the same cadre without availing the pay and promotional benefits prescribed in these rules for the state cadre.

Rule - 23. Pay.

All appointment in the Service shall be made in the time scale of pay as may be prescribed by the Government from time to time. The scale of pay of the posts in the cadres of the Service, on the date of commencement of these rules are as shown in Schedule-I.

Provided that the member of the service from the existing district cadre who shall migrate to the State cadre shall be entitled to one advance increment.

Rule - 24. Mode of Employment.

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

(2)     A member of the Service shall be liable to be posted anywhere within the State of Assam, or to any other department of the Government, within the State 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 option against such posting or transfer.

Provided that the Director of Land Records shall have the right to transfer a Land Record Assistant from one district to another district after every 5 (five) years from the date of joining of Land Records Assistant in a particular district compulsorily.

Rule - 25. Other Conditions of Service.

(1)     Except as provided in these rules, all matters relating to pay and allowances, leave, pension, discipline and other conditions of service shall be regulated by the general rules or orders of the Government from 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 officers belonging to other service of the Government, of the corresponding status and having similar functions.

Rule - 26. Relaxation.

Where the Government is satisfied that the operation of any of these rules, causes undue hardship in any particular case, it may, dispense with or relax the rule to such extent and subject to such conditions as it may consider necessary for 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 favorable to him/her than provided in these rules.

Rule - 27. Interpretation.

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

Rule - 28. Repeal and Savings.

(1)     The rules corresponding to these rules, relevant part of 'Assam Land Records Manual' which are in force immediately before commencement of these rules, are hereby repealed.

(2)     The rules corresponding to these rules, relevant part of Assam Survey and Settlement Training Centre Rules, 1992 which are in force immediately before commencement of these rules, shall not be applicable in case of the Assam Land Records Subordinate Service.

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 provision of these rules.

 

SCHEDULE I

(see rude 3, 4 and 23)

Strength of each cadre of the service and the scale of pay

*Member of the service from the existing district cadre who will migrate to the State cadre will be entitled to one advance increment.

List of posts equivalent to and include in the cadre of the service

 

SCHEDULE II

(see rule 8)

 

SCHEDULE III

Prescribed form of bond

[See Rule 6(3)]

Bond

(1)     Know all men by these present that I, Shri.................................... resident of................in the District of.................at present undergoing a course of training in the Assam Survey & Settlement Training Centre, Dakhingaoan, Guwahati, Assam, for appointment to the post of Land Record Assistant in terms of Director of Land Records, Assam's Office Order No...........................(hereinafter called "the obligator") do hereby bind myself to pay to the Governor of Assam (hereinafter called "the Government") on demand an amount equivalent to the money paid to me in terms of paragraph 2 below, or expended on my account during the tenure of the said training and any other expenses on account of imparting the training aforesaid together with interest thereon from the dale of demand at Government rates for the time being in force on Government loans.

(2)     Whereas the above bounden is granted a stipend/pay. leave, salary, allowance, etc., as provided in the Director of Land Records, Assam's Office Order No ..............dated the...................

(3)     Now the condition of the above written obligation is that in the event of the above bounden obligator, Shri ................................. not conforming to any of the rules and regulations of the training aforesaid or of continued adverse reports regarding the progress of his/her studies pertaining to the training or regarding his/her conduct or on his/her passing the Examination on completion of the terms of Clause of the aforesaid Director of Land Records Assam's Office Order refusing to serve the Governor of Assam, if required to do so, as of Land Record Assistant or in any other equivalent post in any place within the State of Assam for a period of not less than 3 (three) years, he/she shall forthwith refund to the Government on demand an amount equivalent to the money paid to him/her in terms of paragraph 2 above, or expended on his account during the tenure of the said training and any other expenses on account of imparting the training aforesaid (and as to the amount so to be refunded the decision of the Government shall be final) together with the interest thereon from the date of demand at Government rates for the time being m force on Government loans.

(4)     And upon the above bounden obligator, Shri.........................making such refund the above written obligation shall be void and of no effect otherwise it shall be and remain in full force and virtue.

Signed, sealed delivered by the above bounden..........

In the presence of...........

 

SCHEDULE IV

[See Rule 6(1)(c)]

Rules and Syllabus for Competitive Examination for Recruit meat to Land Record Assistant