In exercise of the
powers conferred by Section 274 read with sub-section (5) of section 227 of the
Gujarat Panchayats Act. 1993, (Guj. 18 of 1993), the Government of Gujarat
hereby makes the following rules namely:- (1)
These
rules may be called the Gujarat Panchayat Service, Allocated employees
(Absorption, Seniority, Pay and Allowances) Rules, 1997. (2)
They
shall apply to all allocated employees except those who, immediately before the
date on which they become the employees of a Panchayat under the provisions of
the Act, or were serving under an existing local authority or in the State
Government on contract basis, part-time or daily-rate basis or had been
re-employed on superannuation or were paid out of contingency grants. In these rules, unless the context otherwise
requires,- (a)
"the
Act" means the Gujarat Panchayats Act, 1993; (b)
"allocated
employee" means any person who is allocated to the Panchayat Service under
section 230 of the Act; (c)
"appointed
day" means the date of allocation of officers and servants to the
Panchayat Service under section 230 of the Act; (d)
"basic
pay" means the amount drawn monthly by an allocated employee as pay and
does not include any special pay, pay granted in view of his personal
qualifications, technical pay, personal pay or other emoluments specially
classed as pay. (e)
"equivalent
post" means a post in the Panchayat Service which the State Government may
by order, determine to be corresponding to a post held by an allocated employee
immediately before the appointed day or the post which would have been held by
him but for its deputation in the panchayat service (hereinafter called
"corresponding post") having regard to the pay scale, The minimum
educational and other qualifications prescrised for the equivalent post and the
corresponding post and the nature, and magnitude of duties and responsibilities
attached to such posts. (f)
"existing
panchayat" means a district panchayat or a taluka panchayat or a nagar
panchayat or a gram panchayat constituted under the Gujarat Panchayats Act.
1961 (Guj. VI of 1962). (g)
"officiating"
means the period of service during which such employee had actually officiated
on particular post as also the period during which he would have officiated on
that post or a post on the same time scale, but for his- (i)
proceeding
on leave; (ii)
appointment
to a higher post; (iii)
appointment
to another post during the period of appointment to which conditions necessary
for eligibility to the benefit of the next below rules are satisfied; (iv)
suspension
followed by reinstatement on the same post and the period of suspension being
considered as on duty. (v)
deputation
on foreign service, (as defined in the Bombay Civil Service Rules, 1959). (vi)
deputation
on training (the period of such deputation being considered as on duty); (vii)
availing
the joining time admissible. (viii)
deputation
out of India. (h)
"panchayat
service" means the panchayat service constituted under Section 227 of the
Act; (i)
"section"
means section of the Act. Every allocated employee holding a
corresponding post immediately before the appointed day shall be appointed to
the equivalent post: Provided that if an equivalent post is not
available or if an equivalent post is not decided in respect of any post held
by an allocated employee immediately before the appointed day, the person
holding such post held by such person immediately before the appointed day, in
the Panchayat Service as the State Government or any officer authorised by it
in this behalf may direct. Every allocated employee who was a member of
the State Service immediately before the appointed day shall, unless otherwise
directed by the State Government by special or general order, be deemed to have
been taken over in the Panchayat Service by the panchayat to which is allotted,
on the same tenure on which he held the corresponding post. The entire period of continuous service
rendered by an allocated employee before the appointed day under the existing
local authority or the State Government, as the case may be shall be taken into
account in calculating the total period of his service in the Panchayat Service. Every allocated employee holding a
substantive appointment on a permanent post under the existing local authority
or the State Government shall, on his appointment to any equivalent post under
rule 3, be deemed for all purposes, to be holding a substantive appointment as
from the appointed day on the equivalent post in which he is appointed,
irrespective of whether such equivalent post is permanent or not: Provided that the an allocated employee who
was permanent holder of a post other than the corresponding post, shall be
deemed to be a permanent holder of a post which is determined to be equivalent
to such other post. (1)
Subject
to the provisions of this rule, the inter se, seniority of allocated employees
in the cadres of the equivalent post to which they are appointed under rule 3,
shall, as from the appointed day, be determined on the length of continuous
service, whether officiating or permanent, rendered before the appointed day in
the cadres of the corresponding post. (2)
The
inter se seniority of allocated employees who were serving under the same
existing panchayat or in the same department, or office of the State Government
immediately before the appointed day, shall not be disturbed except by general
or special orders of the State Government. (3)
In
case of equal length of continuous service of persons in the corresponding post
the person senior in the age shall be deemed to be senior. (4)
Where
the seniority of any allocated employees in any cadres in the service of the
existing panchayat or of the State Government, as the case may be (hereafter
referred to in this sub rule as the old cadre"), was fixed otherwise than
on the basis of length of continuous service, then his seniority in the
Panchayat Service shall be first fixed in accordance with the foregoing
provisions of this rule, and thereafter he shall be placed in seniority
immediately above the person who was immediately junior to him in the old
cadre. (5)
Where
the seniority of an allocated employee cannot be determined under rule, the
State government or such authority empowered in this behalf shall determine the
same in such manner as it may be deem fit. Explanation. For the purpose of this rule,
"continuous service rendered under the existing panchayat or the State
Government" includes service rendered on any other post under any existing
panchayat or the State Government as the case may be which in the opinion of
the State Government or the authority aforesaid is generally on comparable or
higher time-scale, but does not include service during period of fortuitous
appointments which are in the nature of stop gap arrangement and service during
the training period where appointment to a post is to take effect after a
course of training irrespective of whether the period of training counts as
duty for the purpose of increments in the time scale or not. Subject to the provisions of these rules, the
pay-scale applicable to an allocated employee shall- (a)
in
respect of the period commencing on the appointed day and till the orders
prescribing the pay scales of posts included in the Panchayat service are made
by the State Government, be the pay scale admissible to him immediately before
the appointed day, and (b)
in
respect of any period thereafter be the pay-scale prescribed for the equivalent
post to which he is appointed under rule 3. Subject to the provisions of rules 10, 11 and
13 of these rules, the pay of an allocated employee in the pay-scale prescribed
for the equivalent post to which he is appointed shall be fixed at a stage
which corresponds to the basic of the corresponding post top which such
employee was entitled immediately before such appointment; Provided that if there is no such
corresponding stage in the pay-scale applicable to him, his pay shall be fixed
at that stage which is next below the pay drawn by him immediately before such
application of pay scale and the difference between the pay so drawn by him and
the pay so fixed shall be treated as personal pay and shall absorbed in the
next increment: Provided further that if the basic pay of any
such allocated employee immediately before such application of pay scale is
more than the maximum in the pay-scale of the equivalent post in which he is
appointed the difference shall be paid to him as personal pay: Provided also that the allocated employee may
opt to draw the pay which he was drawing immediately before such application of
pay scale until the date on which he earns his next increment, and upon such
option his pay as from that date, shall be fixed in accordance with these rules
in the time-scale applicable to him under clause (b) of rule 8. Where the State Government or any authority
empowered by it in this behalf is satisfied that any allocated employee was
drawing special pay immediately before the appointed day in lieu of a higher
time-scale and the equivalent post to which he is appointed, does not carry any
special pay, the State government or, the authority empowered by it in the
behalf, may direct that for the purpose of fixation of his pay under rule 9,
the basic pay shall include the special pay drawn by him immediately before the
appointed day. Notwithstanding anything contained in the
foregoing rules, where the pay of an allocated employee in the post held by him
immediately before the appointed day, had been fixed by an existing local
authority or the State Government otherwise than in accordance with the normal
rules applicable to such post, or had been fixed in a pay scale sanctioned as
personal to such employees, or where, in the opinion of the State Government,
the pay is fixed fortuitously then the pay-scale and the pay admissible to such
employee shall be determined by the State Government or by such authority as
may be empowered by it in this behalf. Every allocated employee shall be entitled to
such allowances (including dearness allowance, compensatory local allowance,
house rent allowance, city allowance and medical allowance) as were admissible
to him immediately before the appointed day while holding a corresponding post: Provided that, an allocated employee shall
not be entitled to any allowances aforesaid unless he shall be continued to be
paid till he perform the duties for which the allowances were payable or to
serve in the area in respect of which the allowance were payable. (1)
Subject
to the provisions of this rule, an allocated employee appointed under rule 3 of
these rules may opt to retain the pay scale together with the allowances if any
(not being travelling allowances) attached to the corresponding post and he may
also opt to be governed in respect of leave, pension and provident fund by the
provisions of the rules or regulations applicable to him immediately before the
appointed day and on such option, he shall not be entitled to the pay-scale or
any allowances attached to the post to which he is appointed under rule 3 or,
as the case may be, governed in respect of leave, pension and provident fund by
the rules or regulations applicable to such post. (2)
The
option under sub-rule (1) shall be exercised within three months from the date
of the order of appointment of the allocated employee to an equivalent post and
communicated to the District Development Officer concerned. Option once
exercised shall be final and shall not be recinded: (3)
In
cases where an allocated employee fails to exercise option within a period of
three months, referred to in sub-rule (3), the pay scale and the provisions in
respects of leave, pension and provident fund shall be regulated under the
rules and orders applicable to the post to which he is appointed under rule 3. The Gujarat Panchayat Service (Absorption,
Seniority, Pay and Allowance) Rules, 1965 are hereby repealed. Such repeal
shall not affect anything done or any action taken under the rules so repealed.GUJARAT PANCHAYAT SERVICE,
ALLOCATED EMPLOYEES (ABSORPTION, SENIORITY, PAY AND ALLOWANCES) RULES,
1997
PREAMBLE