In
exercise of the powers conferred under Section-85(1) of the Real Estate
(Regulations and Development) Act, 2016 and all other powers enabling it in
that behalf, the Real Estate Regulatory Authority, Assam hereby makes the
following regulations: (a) These Regulations may
be called the Assam Real Estate Regulatory Authority, (Engagement of Staff on
Contract Basis), Regulations, 2021. (b) These Regulations
will come into force from the date of their publication in the Official
Gazette. (c) These Regulations
seek to establish procedure for creation of posts on contract basis, engagement
of staff on contract basis and payment of remuneration to the staff engaged on
contract basis as required from time to time for smooth functioning of the
Authority. (a) Unless the context
otherwise requires in these regulations:- (i) "Act" means
the Real Estate (Regulations and Development) Act, 2016 as amended from time to
time; (ii) "Authority"
means the Real Estate Regulatory Authority, Assam; (iii) "Employee"
means staff engaged on contract basis by the Authority in accordance with these
Regulations; (iv) "Regulations"
means the Real Estate Regulatory Authority, Assam (Engagement of Staff on
Contract Basis), Regulations, 2021 as amended from time to time; (v) "Rules"
mean The Assam Real Estate (Regulation and Development) Rules, 2017 as amended
from time to time. (b) The words or
expressions occurring in these Regulations and not defined herein but defined
in the Act or the Rules shall bear the same meaning as assigned to them in the
Act and the Rules. The
Authority may require staff to be engaged on contract basis against regular
posts till these posts are filled up as per service rules. The Authority may
also require to engage contractual staff from time to time on basis of assessment
of work load without creating regular posts. Based on the assessment of
workload, the Authority may require and engage staff temporarily on contract
basis to discharge of functions and duties and to cope up with the increased
workload from time to time. The
qualifications and experience of the staff to be engaged on contract basis
shall be the same as applicable for similar posts in the Government. In case of
some special requirements, the qualifications can be enhanced for engagement of
staff for a particular post. The Authority may relax qualifications and
experience in case of non availability of suitable staff to be engaged on
contract basis. Staff
on contract basis shall be engaged by the Authority in any of manner as under:- (i) From persons who have
retired from the State Government or Central Government or any of their Public
Sector Undertakings. Municipalities, Development Authorities, Local Bodies,
Pollution Control Board, Institute of Repute like IIT. etc. either on
nomination basis or through open advertisement; (ii) Through advertisement
and by following a transparent procedure; (iii) On work contract
basis through an outsourcing agency. (iv) By engaging the
services of a professional firm to make available services of
experts/professionals/consultants on mutually agreed terms and conditions. The
staff to be engaged on contract shall be paid remuneration as under:- (i) (a) in case of a
person engaged on contract basis retired from the State Government/Central
Government or any of their Public Sector Undertakings, the remuneration shall
be paid on the basis of last pay drawn minus basic pension; (b)
in case of a person engaged on contract basis retired from the higher post in
the service of the State Government or Central Government or any of their
Public-Sector Undertakings the remuneration shall not exceed emoluments at
minimum of the pay scale/pay matrix of the post against which such person was
engaged. (ii) in case of a person
engaged on contract basis directly by the Authority, the remuneration shall be
paid as sum calculated on the minimum of the pay scales/pay matrix for
professional/skilled staff or remuneration fixed by State Government for such
employees; (iii) in case of a person
engaged on work contract basis through outsourcing agencies, remuneration shall
be paid as sum calculated on minimum of the pay scales/pay matrix for
professional/skilled staff or remuneration fixed by State Government for such
employees; (i) For making the
Authority functional at the initial stage, the Authority may engage persons who
are retired employees of the State Government or Central Government or any of
their Public Sector Undertakings on contract basis by way of nomination. For
engaging retired persons on nomination basis, the Authority shall record
justification thereof. (ii) In cases where
engagement of retired person is not by nomination, the Authority may invite application
by issuing an advertisement in newspaper in English/Assamese. The
post on contract basis shall be filled through open advertisement notifying the
process of selection from amongst the applicants. The policy of the State
Government regarding reservation of posts shall be applicable to the post
filled up on contract basis. For
engaging a person on work contract basis through outsourcing agency, the agency
will be required to give a list of suitable candidates post wise and forward
the same to Real Estate Regulatory Authority, Assam, along with their bio data
for adjudging their suitability by the Authority. The
Authority may engage through suitable outsourcing agencies manpower of any
nature as it may deem appropriate. (a) The minimum and
maximum age for engaging a person on contract basis by the Authority shall be
the same as prescribed by the State Government for its employees. Provided
that, this age limit shall not be applicable on the persons who are engaged by
way of deputation or transfer. Provided
in case of special circumstances the Authority may relax qualifications of
engage persons on contract basis having special qualification for reasons to
the recorded in writing. (b) A person who has been
engaged from amongst the retired employees of the State Government or Central
Government or any of their Public Sector Undertakings may be appointed for a
tenure of one year extendable on year to year basis upon assessing his/her
performance, and upon finding his work and conduct satisfactory the term of
employment may be extended on year to year basis. (c) A person engaged by
the Authority directly on contract basis shall be initially appointed for a
period of one year and during this period if his work and conduct is found
satisfactory, his services may be extended on year to year basis. Contractual
services of an employee who has been engaged by the Authority after retirement
from the State Government or Central Government or any of their Public Sector
Undertakings or engaged directly by the Authority or engaged through
outsourcing agency may be terminated by serving a notice of one month if his
services are no longer needed/required or the services may be terminated
without notice if his work and conduct is not found satisfactory at any stage
of his engagement. All
employees i.e. staff engaged on contract basis by the Authority shall be
subject to such rules of conduct, discipline and code of conduct as prescribed
by the Authority from time to time. If
any difficulty arises in giving effect to any of the provisions of the
Regulations, the Authority may, by general or special order, do anything not
being inconsistent with the provisions of the Act or Rules, which appears to be
necessary or expedient for the purpose of removing the difficulties. (a) The Chairman may
appoint a suitable Selection Committee with Members and/or officers of the
Authority for making recommendations for appointment against various posts. (b) The manner of
selection for appointment may be decided by the Authority/Selection Committee
from time to time subject to the condition that such criteria shall be fair and
transparent. (c) All other terms and
conditions of employment in any manner not specified in these regulations shall
be as notified by the Authority from time to time by way of Regulations.ASSAM
REAL ESTATE REGULATORY AUTHORITY, (ENGAGEMENT OF STAFF ON CONTRACT BASIS),
REGULATIONS, 2021
PREAMBLE