[THE
ASSAM PANCHAYAT (ADMINISTRATIVE) RULES, 2002][1] In
exercise of the powers conferred by Section 141 of the Assam Panchayat Act,
1994 (Assam Act XVIII of 1994), the Governor of Assam is hereby pleased to make
the following rules, namely? (1)
These Rules may be
called the Assam Panchayat (Administrative) Rules, 2002. (2)
They shall come into
force on such date[2] as
may be fixed by the State Government in this behalf by Notification in the
Official Gazette. (i)
The following shall be
the staffing pattern for Zilla Parishad, Anchalik Panchayat and Gaon
Panchayat.-? (a)
For Zilla Parishad Grade
III Staff. (i)
Head Assistant 1 (One) (ii)
Upper Division Asstt. 2 (Two) (iii)
Lower Division Asstt. 4 (Four) (iv)
Accountant 1 (One) (v)
Junior Engineer 1 (One) (vi)
Tax Collector 2 (Two) (vii)
Driver 1 (One) Grade
IV Staff (viii)
Peon 4 (Four) (ix)
Chowkidar 2 (Two) (b)
For Anchalik Panchayat Grade
III Staff. (i)
Upper Division Asstt. 1 (One) (ii)
Lower Division Asstt. 2 (Two) (iii)
Tax Collector 2 (Two) Grade
IV Staff (iv)
Peon 2 (Two) (v)
Chowkidar 1 (One) (c)
For Gaon Panchayat Grade
III Staff. (i)
Secretary 1 (One) (ii)
Tax Collector cum Road Moherar 1 (One) Grade - IV Staff. (iii)
Peon-cum-Chowkidar 1 (One) (ii)
Against the pattern
under sub-rule (i), as far as practicable, posts shall be manned by the Provincialised
Panchayat employees at all levels as under Section 30(1), Section 62(2) and
Section 102(5) of the Assam Panchayat Act, 1994 within the limit of sanctioned
strength of various categories of Provincialised Panchayat employees of the
State. (iii)
Except the post of Head
Assistant, Upper Division Assistant, Accountant, which are promotional posts
and are required to be filled up from out of the existing Provincialised
employees both regular and Ex-cadre, the posts which could not be filled up
from out of the Provincialised ones, shall be filled up by re-deploying excess
staff of this Department and other Departments having requisite qualification.
If posts still remain vacant the same shall be recruited in the manner provided
under Section 140(1) of the Assam Panchayat Act, 1994. The State Government
shall exercise such powers of redeployment, transfer of posts with incumbents
to districts outside the original district cadre. (iv)
In the execution of the
provisions under sub-section (7) of Section 102 of the Assam Panchayat Act,
1994 the case of Head Assistants working in different Mahkuma Parishads within
the jurisdiction of a Zilla Parishad concerned, the provision under sub-section
(6) of Section 102 of the Assam Panchayat Act, 1994, shall be applied. By applying
the said provision, the junior person working as Head Assistant shall be
transferred as such to the nearest Zilla Parishad where vacancy exists. In case
of nonexistent of person in position in the post of Head Assistant under the
jurisdiction of the Zilla Parishad concerned, the senior most Upper Division
Assistant of the Mahkuma Parishads within the jurisdiction of the concerned
Zilla Parishad shall be promoted to the post of Head Assistant of the Zilla
Parishad. (v)
The post of Gaon
Panchayat Secretaries to the extent of sanctioned strength, the provision under
sub-section (1) of Section 30 of the Assam Panchayat Act, 1994 shall be
applicable : Provided that the
appointment/engagement of Gaon Panchayat Secretaries against non-sanctioned
posts, shall be made in the manner prescribed under sub-section (1) of
Section 140. (vi)
The ex-cadre technical
and non-technical Provincialised Panchayat employees shall be re-deployed in
the Panchayat according to their status. As far as practicable,
the post of Tax-Collector as indicated under sub-rule (1) of Rule 2 for each
Zilla Parishad, Anchalik Panchayat and Gaon Panchayat shall be filled up from
out of the Provincialised Panchayat employees to the extent of sanctioned
strength : Provided that in case of
non-availability of such employees respective Panchayat may engage person in
one of the two posts on commission basis at the rate of 30% on the tax
collected by such engaged persons. Under no circumstances the provision under
sub-section (1) of Section 140 of the Assam Panchayat Act, 1994 shall be
applied in this respect. (1)
The salary of
provincialised Assam Panchayat employees placed under Zilla Parishad, Anchalik
Panchayat and Gaon Panchayat shall be paid by the State Government. (2)
The salary, TA/DA and
other allowances of Panchayat employees appointed/engaged in the manner as
under sub-section (1) of Section 140 of the Panchayat Act, 1994 shall be borne
by the respective Zilla Parishad, Anchalik Panchayat and Gaon Panchayat
concerned out of their own resources : Provided that the pay
scale and other allowances of such staff shall be equal to that of a State
Government employee working in the district cadre in the corresponding grade : Provided further that
such employees of different grades in Zilla Parishad or Anchalik Panchayat or
Gaon Panchayat within the jurisdiction of a Zilla Parishad, shall form a
Unit of District cadre of Panchayat employees and their promotion from lower
rank to higher rank, shall be considered, inter alia, according to inter se
seniority of such employees within the district. The Chief Executive Officer of
respective Zilla Parishad shall cause to prepare an inter se seniority list of
Panchayat employees recruited under the provision of sub-section (1) of Section
140 of the Assam Panchayat Act, 1994 and circulate it among the employees. (1)
The Chief Executive
Officer of Zilla Parishad shall be the controlling and disciplinary authority
in respect of Panchayat employees appointed under sub-section (1) of Section
140 of the Assam Panchayat Act, 1994 for Zilla Parishad or Anchalik Panchayat
or Gaon Panchayat. In respect of disciplinary action against any of such
employees, the decision of the Chief Executive Officer shall be final. (2)
Transfer of Panchayat
Employees other than Provincialised Panchayat Employees.?- (a)
The Chief Executive
Officer of Zilla Parishad shall be the authority to cause transfer of Panchayat
employees appointed as under Section 140(1) of the Assam Panchayat Act, 1994
from Zilla Parishad to Anchalik Panchayat or to Gaon Panchayat and from the
Anchalik Panchayat to another Gaon Panchayat and vice-versa. (b)
When such a Panchayat
employee is transferred on his/ her own request, he/she shall not be entitled
to any transfer allowances. (c)
No such Panchayat
employees shall be transferred or given promotion to higher rank out side the
jurisdiction of his/ her original district cadre. (3)
Educational
Qualification of Panchayat Staff other than Provincialised Panchayat Employees.?- The educational
qualification for recruitment to any category of post of Panchayat staff under
any level of Panchayat as specified under sub-rule (1) of Rule 2 shall be the
same as the required for appointment in the Government Department for such
category of posts. (4)
Grievances of Panchayat
Employees other than Provincialised Panchayat Employees.?The
Chief Executive Officer of the Zilla Parishad concerned shall be the authority
for hearing and disposing of the grievances of such Panchayat employees of
Zilla Parishad, Anchalik Panchayat and Gaon Panchayat under the respective
Zilla Parishad. Any such Employees by passing the authority of the Chief
Executive Officer shall attract disciplinary action. (1)
The authority of
granting earned Leave to the Panchayat employees appointed in the manner as
under Section 140(1) of the Assam Panchayat Act, 1994 under Gaon Panchayat,
Anchalik Panchayat and Zilla Parishad shall be the Chief Executive Officer of
the Zilla Parishad. (2)
The President of Gaon
Panchayat the Executive Officer/ Ex-Officio Secretary of the Anchalik Panchayat
and the Chief Executive Officer of the Zilla Parishad shall be the authority of
granting Casual Leave to both Provincialised and Panchayat employees under
their respective Panchayat. (3)
The leave Rules
applicable to Government employees shall also be applicable to the Panchayat
employees while granting leave as under sub-rule (i) and (ii). Subject to prior
approval of the State Government and in consideration of financial resources
and work load of different Panchayats, the staffing pattern prescribed under
sub-rule (1) of Rule 2 in respect of Panchayat employees appointed in the
manner as under sub-section (1) of Section 140 of the Assam Panchayat Act, 1994
may be changed. (i)
As under Section 140 (1)
of the Assam Panchayat Act, 1994 the State Government may post for time to time
additional staff of Grade-I, Grade-II, Grade-III and Grade-IV to Zilla Parishad
or Anchalik Panchayat or Gaon Panchayat as it may deem necessary. (ii)
The additional staff
appointed as under sub-rule (i) shall not be treated as deputed staff and they
shall enjoy all other benefits as they would have enjoyed in their respective
parent department. (iii)
The Zilla Parishad or
the Anchalik Panchayat or the Gaon Panchayat as the ease may, shall utilise the
services of the staff posted under sub-rule (i) as may deem necessary. (iv)
The salary and other
allowances of the staff posted under sub rule (i) shall be borne by their
respective department. (v)
Leave other than casual
leave in respect of staff posted under sub rule (i) shall be granted by the
concerned authorities of their respective departments with due intimation to
the Zilla Parishad or Anchalik Panchayat or Gaon Panchayat, as the case may be
whereas their casual leave shall be granted by the Chief Executive Officer in
case of staff under Zilla Parishad and Executive Officer in case of staff under
Anchalik Panchayat and President in respect of staff of Gaon Panchayat. A member of additional
staff posted to a Zilla Parishad or an Anchalik Panchayat or a Gaon Panchayat
as under sub-rule (i) of Rule 9 while on tour in the interest of the works of
the concerned Panchayat shall be entitled to such TA/DA as are admissible to an
employee of the State Government in the equivalent cadre and rank and such
TA/DA shall be paid from the own resources of a Zilla Parishad or an Anchalik
Panchayat or a Gaon Panchayat, as the case may be. (i)
The Panchayat employees
appointed as under Section 140(1) shall not be entitled Home or All India
L.T.C. benefits. (ii)
The staff under sub-rule
(i) of Rule 8 shall have the benefit of Home or All India L.T.C. from their
respective department as per existing Government norms. The Chief Executive
Officer in respect of Zilla Parishad, or the Executive Officer/Ex. Officio
Secretary in respect of Anchalik Panchayat or the Gaon Panchayat President in
respect of Gaon Panchayat, as the case may be, shall be the Head of the
respective Officers. (i)
The Zilla Parishad or
the Anchalik Panchayat or the Gaon Panchayat may grant to any employee or
employees appointed in the manner as provided under Section 140(1) by a
resolution. Festival or By-Cycle or Rehabilitation advance or House Building
Loan under such terms and conditions as may be laid down in the Resolution. (ii)
Advance and loan as
specified under sub-rule (i) shall be paid out of the own resources of Zilla
Parishad or Anchalik Panchayat concerned. (i)
As under Section 71(1)
of the Assam Panchayat Act, 1994 the President of Zilla Parishad shall be
entitled to a monthly remuneration of Rs. 2,000/- (Rupees two thousand) out of
the own resources of the Zilla Parishad. (ii)
The Vice-President of
the Zilla Parishad shall be entitled to a monthly remuneration of Rs. 1,500/-
(Rupees fifteen hundred) out of the own resources of the Parishad. (iii)
Each member of the Zilla
Parishad shall be entitled to a monthly remuneration of Rs. 700/- (Rupees seven
hundred) out of the own resources of the Zilla Parishad. (iv)
As under sub-section (2)
of Section 71 of the Assam Panchayat Act, 1994, each member of the Zilla
Parishad shall be entitled to a daily sitting allowance at the rate equivalent
to the amount admissible to him/her as daily allowance on tour. But the
President and the Vice-President of Zilla Parishad shall not be entitled to
such sitting allowance. Such allowances shall be met from the own resources of
the Zilla Parishad. (i)
As under Section 39(1)
of the Assam Panchayat Act, 1994 the President of the Anchalik Panchayat shall
be entitled to a monthly remuneration of Rs. 1,500/- (Rupees fifteen hundred)
out of its own resources. (ii)
The Vice-President of
the Anchalik Panchayat shall be entitled to a monthly remuneration of Rs.
1,000/- (Rupees one thousand) out of its own resources. (iii)
Each member of the
Anchalik Panchayat shall be entitled to a monthly remuneration of Rs. 500/-
(Rupees five hundred) out of its own resources. (iv)
As under sub-section (2)
of Section 39 of the Assam Panchayat Act, 1994, each member other than the
President and the Vice-President of the Anchalik Panchayat shall be entitled to
a daily sitting allowance out of its own resources at the rate equivalent to
the amount admissible to him/her as daily allowance on tour. (i)
As under Section 12(2)
of the Assam Panchayat Act, 1994, the President of the Gaon Panchayat
shall be entitled to a monthly remuneration of Rs. 1,000/- (Rupees one
thousand) out of its own resources. (ii)
The Vice-President of a
Gaon Panchayat shall be entitled to a monthly remuneration of Rs. 600/- (Rupees
six hundred) out of its own resources. (iii)
Each member of the Gaon
Panchayat shall be entitled to a monthly remuneration of Rs. 300/- (Rupees three
hundred) out of its own resources. (iv)
Each member other than
the President and Vice-President of the Gaon Panchayat shall be entitled to a
daily sitting allowance out of its own resources at the rate equivalent to the
amount admissible to him/her as daily allowance on tour. Such sitting allowance
as under sub-rule (4) of Rule 14 and sub-rule (iv) of Rule 15 and sub-rule (iv)
of Rule 16 shall be admissible only for attending a full meeting of the Zilla
Parishad or Anchalik Panchayat or Gaon Panchayat as the case may be. (1)
Subject to the
conditions laid down in the S.R. and the F.R. of the State Government, the
President and Vice-President of the Zilla Parishad, shall be entitled to such
rate of TA and DA on tour as are meant for Class-I Govt., Officer and the
President and Vice-President of Anchalik Panchayat/Gaon Panchayat shall be entitled
for such rate of TA and DA on tour as are meant for Class-II Govt., Officer. (2)
The members other than
the President and Vice-President of Zilla Parishad, the Anchalik Panchayat and
the Gaon Panchayat shall be entitled to TA and DA on tour as a Grade-II Officer
of the State Government is entitled to : Provided that the
members perform such tour with prior approval of the President of the Zilla
Parishad or the Anchalik Panchayat or the Gaon Panchayat as the case may be. (3)
The monthly TA and DA as
under sub-rules (1) and.(2) shall not exceed the amount of monthly remuneration
earmarked under Rules 13, 14 and 15. (4)
(i) Bill concerning TA
Bills of the President of Anchalik Panchayat, before payment, shall be
countersigned by the President of the concerned Zilla Parishad. (ii)
Bill concerning TA Bills of the President of Gaon Panchayat, before payment
shall be countersigned by the President of the Anchalik Panchayat concerned. (iii)
Bill concerning the TA Bills of the Vice-President and the members of the Zilla
Parishad or the Anchalik Panchayat or the Gaon Panchayat as the case may be,
before payment shall be countersigned by the President of the respective
Panchayat Body. (5)
50% of the TA in advance
may be paid subject to subsequent adjustment after countersignature from the
concerned authority responsible for countersigning of TA/DA as specified in the
foregoing provisions : Provided that no advance
shall be paid pending adjustment of the previous advance. (6)
A Register on TA
including inter alia, a column for advance TA shall be maintained. (7)
Final Advance TA shall
be drawn in Form Prescribed for the Gazetted or Non-Gazetted Officers
respectively of the State Government. (8)
The expenditure on TA
and DA of the President, the Vice-President and the members of Zilla Parishad,
the Anchalik Panchayat and the Gaon Panchayat shall be met out of the own
resources of the concerned Panchayats subject to availability of budget
provision. (1)
The Director of
Panchayat and Rural Development shall utilise the services of the Departmental
Internal Auditors in guiding and helping the Zilla Parishad, and Anchalik
Panchayat and Gaon Panchayat in proper and correct maintenance of accounts.
They shall be responsible to report to the Director of Panchayat and Rural
Development and the Chief Executive Officer of the concerned Zilla Parishad on
any irregularity in such accounts within fifteen days from the date of
completion of audit. (2)
For each month, the
Auditors shall submit a tour programme to be approved by the Director of
Panchayat and Rural Development. (3)
The services of the
Auditors shall be utilised fully matters connected with audit. The Director of
Panchayat and Rural Development shall arrange from time to time a District wise
training programme on accounts for the concerning staff of the Zilla Parishad,
the Anchalik Panchayat and the Gaon Panchayat. The Director of
Panchayat and Rural Development shall arrange training programme for the
non-official members of the Zilla Parishad, the Anchalik Panchayat and the Gaon
Panchayat on the responsibilities and duties and functions under the Panchayat
system of Administration.THE ASSAM PANCHAYAT (ADMINISTRATIVE) RULES, 2002
PREAMBLE