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. 
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. 
Defini­
tions. 
(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, 
respectively, or by any other Act. 
(3) It shall be deemed to have come into force on 
the first day of October, 1991 
2. In this Act, unless there is anything repugnant in 
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 ; 
I 
THE ASSAM GAZETTE EXTRAORDINARY, FEB. 2. 2000 99 
Provincia­
lisation of 
the 
employees 
of Panchay­
ats under 
State 
Government. 
(f) )anchayat s" means the Gaon Panchayat, the 
Anchalik Panchayat and the Zilla Parishad established 
under the Assam Panchayat Act, 1994 
(g) "prescribed" means prescribed by rules made 
under this Act; 
Assam 
ActXV 
of' 1994 
. ~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. 
3.Subject to the provisions of Article 30 of the Constitution 
of India, all employees of the Panchayats under the State 
Government shall be deemed to have been provincialised on 
and from the appointed day on the following terms and 
conditions, namely :-
. (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 cadre s 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 
100 THE ASSAM GAZETTE EXTRAORDINARY. FEB. 2, 2000 
Protection 
of action 
taken in 
good faith. 
both in accordance with the pension rules applicable to the 
Government servants of equivalent rank . 
5. No suit or other legal proceeding shall lie in respect of any 
act done in good faith in the exercise of any power conferred by 
this Act, except with the previous sanction of the State 
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. 
Interpre­
tation 
Power to 
remove dif­
ficulties. 
Repeal and 
saving. 
(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. 
7. If any difficulty arises in the interpretation of any provision 
of this Act the interpretation of the State Government shall be 
final. 
8. If any difficulty arises in giving effect to the provisions of 
~his ,t\ct the .Governor may, by order do anything not 
1~cons1stant with the provisions of this Act, which appear to 
him to be necessary or expedient for the purpose of removing 
the difficulty. 
9. (1) The State Government Notification No. PDA. 169/91/70 
provincialising the services of 4565 number of Panchayat 
Employees of Gaon Panchayat and Mahkuma Parishads 
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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