The ASSAM PANCHAYAT EMPLOYEES (PROVINCIALISATION) ACT, 1999
Registerec,l No.768/97

**8f\** **21** **Wr9.(..-,** ~~ 2 C~4"<l1~. 2000, 13 ~, 1921 (~)

No.21 Dispur, Wednesday, 2nd February, 2000, 13th Magha, 1921 (S.E.)

GOVERNMENT OF ASSAM

ORDERS BY THE GOVERNOR

LEGISLATIVE DEPARTMENT:: LEGISLATIVE BRANCH

**NOTIFICATION**

The 20th December, 1999

No.LGL.51/98/12.-- The following Act · of the Assam Legislative

Assembly which received the assent of the Governor is hereby published
for general information.


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98 THE ASSAM GAZETTE EXTRAORDINARY. FEB. 2. 2000

ASSAM ACT No. XXII OF 1999

(Received the assent of the Governor on 15th December '99)

TIIE ASSAM PAN CHA YAT EMPLOYEES

(PROVINCIALISATION) ACT, 1999

AN

ACT

to provide for provincialisation of services of the
employees working in the Panchayat of all levels
established under the Assam Panchayat Act, 1994.

Preamble. Whereas it is expedient to provide for

provincialisation of services of the employees work.fog
in the Panchayats of all level established under the Assam
Assam Panchayat Act, 1994, for its improvement and ActXVIII
for better management and control of Panchayats in of 1994
the State of Assam ;

It is hereby enacted in the Fiftieth Year of the
Republic of India as follows :-

Short title, 1. (1) This Act may be called the Assam Panchayat
extent and Employees (Provincialisation) Act, 1999
commence-
ment. (2) It shall extend to the whole of Assam in the

rural areas except the Autonomous Districts under the
Sixth Schedule to the Constitution of India and shall
exclude any area which has been or hereafter may be Assam
included in a Municipality or a Town Committee or a ActXV
Cantonment constituted under the Assam Municipal of 1957
Act, 1956 and the Cantonment Act, 1924, _I_
respectively, or by any other Act.

(3) It shall be deemed to have come into force on
the first day of October, 1991

Defini- 2. In this Act, unless there is anything repugnant in
tions. the subject or context, -    -

(a) "appointed day" means the date on which this
Act came into force ;

(b) "date of appointment" means, in relation to any

employee, the date on which he joined the service of
Panchayats;
(c) "Director" means the Director of Panchayat and
Rural Development, Assam ;

(d) " employees" means a person in the
employment of Panchayats against a regularly
sanctioned post ;

(e) "notification" means the notification published

in the Official Gazette ;


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THE ASSAM GAZETTE EXTRAORDINARY, FEB. 2. 2000 99

(f) )anchayats" means the Gaon Panchayat, the Assam
Anchalik Panchayat and the Zilla Parishad established ActXV
under the Assam Panchayat Act, 1994 of' 1994
(g) "prescribed" means prescribed by rules made

under this Act;

# . ~h). "provincialisation" means taking over of the

hab1~tles fo.r payment of salaries including dearness allowance,

medical relief and such other allowances as admissible to the
Government servant of simil~ ~ategory and gratuity, pension,

leave encashment etc. as adm1ss1ble under the existing rules to
the Government servants serving under the Government of
Assam;
(i) " State Government" means the Government of Assam.

Provincia- 3.Subject to the provisions of Article 30 of the Constitution
lisation of of India, all employees of the Panchayats under the State
the Government shall be deemed to have been provincialised on
employees and from the appointed day on the following terms and
of Panchay-

conditions, namely :-

ats under
State
Government.

. (a) all rules including service rules and rules of conduct and

discipline and appeal which are applicable to the Government
servants of corresponding grade and similarly placed shall be
applicable to all employees of the Panchayats ;

(b) all employees shall get such emoluments as salary and

allowances etc. as are admissible to the Government servants of
similar category :

Provided that no employee shall get as emoluments any
amount which is less than the amount he was getting
immediately before the appointed day;

(c) services of all employees shall be encadred in the

appropriate cadres in accordance with the rules as may be
prescribed by the State Government for this purpose ;

(d) the inter-se-seniority of the employees of a cadre or cla~s

shall be determined on the basis of the principles laid down rn
the rules framed under this Act.

Superannuati 4.(1) Notwithstanding anything contained in the preceed~ng

on and pen- section, all employees other than Grade-IV ~°'.ployees, coming

slon etc. within the purview of this Act, shall, on attammg the !'lge of 58
years, go on superannuation and the Grade-IV employees shall
go on superannuation on attaining the age of 60 years.

(2) All employees going on superannuation unde~ the

preceeding sub-section shall be eligible to pension or gratmty or


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100 THE ASSAM GAZETTE EXTRAORDINARY. FEB. 2, 2000

both in accordance with the pension rules applicable to the

Government servants of equivalent rank.

Protection 5. No suit or other legal proceeding shall lie in respect of any
of action act done in good faith in the exercise of any power conferred by
taken in this Act, except with the previous sanction of the State
good faith. Government.

Power to 6. (1) The State Government may, by notification in the Official

make rules. Gazette, make rules for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the foregoing

provision, the State Government may make rules to provide for
all or any of the following matters, namely :-

(i) the norms and . principles of encadrement of the

employees in the appropriate cadre under section 3;

(ii) manner and principles under which inter-se-seniority of

the employees shall be determined under section 3;

(iii) any other matter which is required to be, or may be
prescribed.

(3) Every rule made under this section shall be laid as soon as
may be after it is made, before the Assam Legislative Assembly
while it is in session for a total period of fourteen days which
may be comprised in one session or in two successive sessions
and if before the expiry of the session in which it is so laid or
the session immediately following the Assam Legislative
Assembly agree in making any modification in the rule or the
Assam Legislative Assembly agree that the rule should not be
made, the rule shall thereafter have effect only in such modified
form or be of no effect as the case may be, so, however, that
any such modification or annulment shall be without prejudice
to the validity of anything previously done under that rule.

Interpre- 7. If any difficulty arises in the interpretation of any provision
tation of this Act the interpretation of the State Government shall be

final.

Power to 8. If any difficulty arises in giving effect to the provisions of
remove dif- ~his ,t\ct the .Governor may, by order do anything not
ficulties. 1~cons1stant with the provisions of this Act, which appear to

him to be necessary or expedient for the purpose of removing
the difficulty.

Repeal and 9. (1) The State Government Notification No. PDA. 169/91/70
saving.

provincialising the services of 4565 number of Panchayat
Employees of Gaon Panchayat and Mahkuma Parishads


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TIIE ASSAM GAZETTE EXTRAORDINARY, FEB. 2, 2000 101

constituted under the Assam Panchayat Raj Act, 1972 is hereby
repealed.

(2) Notwithstanding such repeal, anything done or any

action taken under the order so repealed shall be deemed to
have been done or taken under the corresponding provisions of
this Act.

M. K. DEKA,

Secretary to the Govt. of Assam,
Legislative Deptt.

GUW AHA TI-Printed and published by the Dy. Director (P.&S.), Directorate of Ptg. and
Sty., Assam, Guwahati-21 (Ex-Gazette) No. 41-500-400-2-2-2000.


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