GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL: : PERSONNEL (B)

DISPUR : : : GUWAHATI.

 

No. ABP. 74/96/43 Dated, Dispur, the 30 th December, 1996.

 

OFFICE MEMORANDUM

 

 

The undersigned is directed to say that it has come to the notice of the Government that in some departments Offices persons are appointed against leave vacancies although there is no provision in the respective service Rules for filling-up such vacancies.

 

After careful consideration of all aspects of the matter it has been decided that no such leave vacancies shall be filled-up by any authority henceforth.

 

The above instructions shall come into force with immediate effect and non-compliance of the instructions will be viewed seriously.

 

 

Secretary to the Government of Assam,

Personnel (B) Department

 

Memo No.ABP.74/96/43-A Dated, Dispur, the 30th December, 1996.

 

Copy to:-

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. P.S. to Ministers/Ministers of state , Assam, Dispur

  4. P.S. to Chief Secretary to the Govt. of Assam , Dispur.

  5. Chairman, Assam Administrative Tribunal, Guwaqhati.

  6. Chairman, Assam Board of Revenue, Guwahati.

  7. All Additional Chief Secretaries to the Govt. of Assam.

  8. All principal Secretaries/Commissioner & Secretaries/ Secretaries to the Government of Assam, Dispur.

  9. All Heads of Departments.

  10. All Commissioners of divisions.

  11. All Deputy Commissioners.

  12. Secretary, Assam public service Commission, Bhangaghar,

  13. Principal Secretary, Karbi Anglong Autonomous Council, Dispur/North Cachar Hills Autonomous Council, Haflong,

  14. Principal Secretary, Bodoland Autonomous Council, Kokrajhar/ Rabha Hasong Autonomous Council, Dudhnoi, Goalpara, District/Mising Autonomous Council, Gogamukh, North Lakhimpur/Lalung (Tiwa) Autonomous Council, Morigaon.

15. All Sub-Divisional Officers.

16. Chief Executive of All Public Sector undertalings under the Government of Assam .

17. Registrar, Gauhati High Court, Guwahati.

18. The Secretary, Assam Legislative Assembly, Dispur.

19 The Secretary, Lok Ayukta, Assam, Guwahati.

20.The Secretary, Assam State Human Rights Commission, Guwahati.

21.The Secretary, Assam Backward Classes Commission, Guwahati .

22.The Secretary, Assam State Commission for Women, Guwahati.

 

 

 

By order etc. ,

 

 

Under Secretary to the Government of Assam,

Personnel (B) Department

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL ::: PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

 

NO. APB . 78/90/150 Dated, Dispur, the 27 th March, 1998

 

 

OFFICE MEMORANDUM

 

 

 

Subject : PERMISSION OF UNDERTAKING TOUR OUTSIDE THE STATE OF ASSAM – INSTRUCTION THEREOF

 

 

In Supersession of all previous instructions issued from time to time on the above mentioned subject, the Government of Assam, after careful consideration have decided that in extreme urgency of unavoidable nature, Officers of the State Government shall be allowed to undertake tour to outside the State in the following manners :-

 

 

  1. Chief Secretary will undertake any such tour with the prior approval of the Chief Ministers.

The Additional Chief Secretaries and Officers of equivalent ranks, shall obtain prior approval of

the Chief Minister through the Departmental Ministers.

Before such Officers proceed on tour, a copy of the date-wise tour programmed shall be sent to

the chief Secretary.

 

  1. Officers in the rank of Secretary and above (i.e., Principal Secretaries /Commissioners & Secretaries

/ Secretaries ) shall obtain prior approval of the Chief Secretary.

Before such Officers proceed on tour, a copy of the date-wise tour programme shall be sent to the Chief Secretary, with full justification . A copy of date wise tour programme shall also be endorsed to the Departmental Minister/Minister of State for their perusal.

3. Officers at the level of Head of Department (i.e.,Director or Chief Engineer , etc.) or below shall

obtain prior permission in file from the Minister of State in charge of the concerned Administrative

Department through the Departmental Secretaries (the term Departmental Secretary means the Principal Secretary/Commissioner and Secretary/Secretary as the case may be ) and the chief Secretary.

Before such officers proceed on tour, copy of the date wise tour programme shall be sent to the Secretary of the Administrative Department, P.S to the Departmental Minister/ Minister of State and others concerned including Head of Department .

4. Chief Executive (i.e., Managing Director, etc.) or an officer below him in a public Sector Undertaking or an Autonomous Body under the state Government, shall obtain prior approval in file from the Minister/ Ministers of the State in-charge of the Concerned Administrative Department through the Departmental Secretaries.(The term Departmental Secretary means the Principal Secretary/Commissioner & Secretary/Secretary as the case may be ) and the Chief Secretary.

Before such officers proceed on tour, copy of the date-wise tour programme shall be sent to the Secretary of the Administrative Department and PS to Departmental Minister /Minister of State.

5. Chairman of public sector Undertaking of Autonomous Body, shall obtain prior permission in file from the Chief Minister through the Minister /Minister of State in-charge of the concerned Administrative Department .

Before the Chairman proceeds on tour, copy of the date wise tour programme shall be sent to the Secretary of the Administrative Department, Chief Executive of the concerned public sector undertaking and PS to the Departmental Minister of State .

 

6. The Principal Secretaries /Commissioner & Secretaries /Secretaries of the Administrative Departments of the Government will examine every proposal of tour of the Government Officials under their Departments outside the state at their level first and satisfy themselves that such tours are really essential . Only after satisfying themselves about the essentiality of a tour outside the state, the principal Secretary /Commissioner & Secretary / Secretary of the Administrative Department will forward the proposal for obtaining the approval of the concerned authority as per procedure laid down in paras (1), (2), (3), and (4) above, mentioning briefly the essentiality of the tour .

 

7. After completion of the tours outside the State, the Senior Government Officials of the level of Secretary and above who are allowed to undertake tours to Delhi and other places on Government duties, will report within 7 (seven) days from return from tour to the Minister in-charge of the Department and the Chief Secretary about the work done by them while on tour, issues raised while taking up matters with the central Ministries/ Department etc. and results achieved in course of their discussion with the central Ministries /Department etc. Before putting up any proposal for tour of the Officer outside the State, the Officer will mention whether he has submitted such report on his/her earlier official tour outside the state . Other officials including the officials of the public sector Undertaking will submit such report to the Principal Secretary /Commissioner & Secretary/ Secretary of their respective Administrative Department within 7 (seven) days from the date of return from such tours.

These orders shall come into force with immediate effect.

There shall be strict compliance of these Government instructions .

 

 

 

 

( P.K. Bora )

Chief Secretary to the Government of Assam.

 

 

 

 

 

 

 

Memo no. APB. 78/90/150-A Dated, Dispur, the 27 th March , 1998

 

 

Copy to :-

1). All Principal Secretaries to the Government of Assam .

2). All Commissioner & Secretaries to the Government of Assam.

3). All Secretaries to the Government of Assam .

4). All Commissioners of Divisions.

5). All Deputy Commissioners /Sub-Divisional Oficers .

6). All Administrative Departments /Heads of Departments .

7). PPS to Chief Minister/Ministers of State.

8). PS to all Minister/Ministers of State .

9). PS to Chief Secretary, Assam/Additional Chief Secretary, Assam.

10). All Treasury Officers .

11). The principal Accountant General (Audit) Assam, Guwahati-28.

12). The Accountant General (A&E) Assam, Guwahati – 28.

13). Commissioner & Secretary to the Govt. of Assam, Finance Department. The Ex-Post-facto approval of Chief Minister have been obtain on all approval given by Chief Secretary on the tours which were undertaken by the officers in the rank of Secretary and above . This has the reference to his U/O No. FM 61/91/Pt/10 dated 04-02-1998.

14). All Chairman /Chief Executive (i.e. Managing Director etc. ). They are requested to furnish the details of all the tours which were undertaken by them outside the State of Assam during the year 1997 , specifying therein if the approval of Departmental Minister through the Chief Secretary and of Chief Minister, through the Departmental as the case may be, have been obtained or not as per instructions laid down in paras (4) and (5) of this Department's O.M. No. ABP. 78/90/121 dated 20-09-96. They are also requested that henceforth they shall follow the guidelines contained in paras (4) and (5) of this Office Memorandum scrupulously.

 

 

 

 

By order etc.,

 

 

Deputy Secretary to the Government of Assam

Personnel (B) Department.

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM PERSONNEL (B) DEPARTMENT.

 

 

NO. ABP. 195/96/22, March 30, 1998.

 

In pursuance of the judgement of the Hon'ble Supreme Court of India in the civil Appeal NO. 13352 of 1996, arising out of SLP © No. 14862 of 1995 –State of Rajasthan –Appellant Mrs Sriram Verma & another –Respondents, The undersigned is directed to say that while Selecting the Candidates for promotion post on the basis of merit or merit-cum-seniority/ merit –cum-suitability , the selecting authority should follow the method of grading of the candidates who are in the zone of consideration before drawing up the final select list for promotion in case where the rules do not provide for grading or awarding marks or for recording of reasons for not selecting a senior .

 

This instruction comes into force with immediate effect.

 

 

 

Sd/

 

 

 

 

J.P. Meena,

Commissioner & Secretary to the Government Of Assam,

Personnel Department.

 

 

Memo No. ABP. 19/5/96/22-A, March 30, 1998.

 

Copy to :-

 

  1. All Special Commissioners/ Special Secretaries to the Government of Assam.

  2. All Commissioners & Secretaries to the Government of Assam .

  3. All secretaries to the Government of Assam.

  4. All Commissioners to the Govt. of Assam .

  5. All Deputy Commissioners & Sub-Divisional Officers.

  6. All Administrative Departments .

  7. All Heads of Department .

  8. P.S. to Chief Minister, Assam, Dispur .

  9. P.S. to Ministers/ Ministers of State, Assam, Dispur.

  10. P.S. to Chief Secretary to the Govt. of Assam .

 

 

 

By Order etc.,

 

Sd/-

 

 

 

 

30/03/98.

Deputy Secretary to the Government of Assam

Personnel (B) Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

NO. ABP 28/97/Pt-I /16 Dated, Dispur, the 28 the April, 1998.

 

 

 

Subject : ABOLITION OF EXAMINATION FEE.

 

 

 

Clarifications have been sought for from certain quarters whether examination /application fees need be realized from applicants seeking various Govt. jobs. After careful consideration of the matter. It is clarified that there is no provision under the Assam public services ( Direct Recruitment to class-III and Class-IV posts ) Rules, 1997 so as to empower or authorise to collect application/ examination fees. In absence of any valid Law authorizing such collection of fees, the appointing authority has no power to collect application/ examination fees.

 

 

 

 

 

( P. K. Gupta )

 

Deputy Secretary to the Government of Assam, Personnel ( B ) Department.

 

 

 

Memo No. ABP. 28/97/Pt-I/16-A: Dated, Dispur, the 28th April, 1998.

 

 

Copy to:-

  1. All Special commissioners & special Secretaries to the Govt. of Assam.

  2. All Commissioners and Secretaries to the Govt. of Assam.

  3. All Secretaries to the Government of Assam.

  4. All Commissioner of Divisions.

  5. All Deputy Commissioners & Sub-Divisional Officers.

  6. All Administrative Departments.

  7. All Heads of Departments.

  8. PPS to Chief Minister, Assam, Dispur.

  9. PS to Chief Secretary to the Govt. of Assam.

  10. PS to Additional Chief Secretary to the Govt. of Assam.

  11.  

 

 

By Order etc.,

 

 

Deputy Secretary to the Government of Assam

Personnel ( B ) Department

 

 

 

 

 

 

 

 

 

…..

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL::: PERSONNEL ( B)

DISPUR ::: GUWAHATI

 

NO.ABP. 77/98/ 12 Dated, Dispur, the 24th July, 2000.

 

 

OFFICE MEMORANDUM

 

As per provision of proviso to Article 309 of the Constitution of India. It is necessary on the part of all the Departments to prepare and finalize their respective Service Rules, specifying the specific terms and conditions of services of personnel under various categories and services. Since many Departments did not prepare Service Rules, in spite of instructions issued from time to time to prepare Service Rules and to facilitate such work of preparation in the line of a " Model Service Rules" format was prepared and circulated to all concerned. Preparation and finalization of Service Rules requires consultation with personnel (B) Department/ Finance Department/ Legislative Department/ APSC and the Cabinet.

In case of urgency, a practice to prepare a Service order (Which is in the form of an Executive Order) is also permissible for a limited period, subject to finalization of the Service Rules.

 

It has come to the notice of the Government that many Departments still do not have any Service Rule and in certain Departments Service orders/ Executive orders are allowed to continue for years together leading to various complications in future. Some times proposals are mooted to amend certain provision of such Executive ( Service ) Orders, which is also irregular.

 

Accordingly, it is impressed upon all concerned that all Departments may check the existence of such Executive ( Service ) orders for years together or not having any Service Rules either and to initiate urgent step to finalise Service Rules immediately, so that the irregularities in Service matters may get eliminated. While doing so, the judgements orders of the Gauhati High Court / Supreme Court if any be taken into consideration.

 

 

 

Secretary to the Government of Assam,

Personnel Department

 

 

Memo No. ABP. 77/98/12-A : Dated, Dispur, the 24th July, 2000

 

Copy forwarded for information and necessary section to:-

 

 

  1. PS to Chief Secretary / Additional Chief Secretary.

  2. All Principal Secretaries/ Commissioner & Secretaries/ Secretaries to the Government of Assam.

  3. Secretaries, Assam Public Service Commission, Khanapara, Guwahati.

  4. Secretary, Assam Legislative Assembly, Dispur.

  5. All Administrative Departments.

 

 

By order etc.,

 

 

 

Joint Secretary to the Government of Assam, Personnel (B) Department.

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL:: PERSONAL (B)

DISPUR ::: GUWAHATI

 

NOTIFICATION

 

No. ABP. 25/97/70, Dated, Dispur, the 8th March, 2001.

 

In exercise of the powers conferred by the proviso to Article 309 of the Constitution of India the Governor of Assam hereby makes the following rules further to amend the Assam Civil Service (Conduct) Rules 1965 hereinafter called the principal rules in the manner hereinafter appearing, namely :-

1. Short title and commencement- (1) These rules may be called the Assam Civil Services (Conduct) (Amendment) Rules, 2001.

(2) They shall come into force with immediate effect.

2. Amendment of Rules-24- In the Assam Civil Services (Conduct Rules) 1965 after Rule 24(2) the following Rule shall be inserted, namely :-

"24(A) prohibition of sexual harassment of working women.

 

      1. No Government servant shall indulge in any act of sexual harassment of any woman at

her work place.

      1. Every Government servant who is in-charge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

 

Explanation- For the purpose of this rule, "sexual harassment" includes such unwelcome sexually determined behaviour, whether directly or otherwise, as—

  1. Physical contact and advances,

  2. Demand or request for sexual favours,

  3. Sexually coloured remarks,

  4. Showing any pornography, or

  5. Any other unwelcome physical, verbal or non-verbal conduct of a sexual nature".

 

 

Commissioner & Secretary to the Government of Assam

Personnel Department.

 

 

Memo No. ABP. 25/97/70-A Dated, Dispur, the 8th March, 2001

 

Copy to :-

 

  1. The Secretary to the Governor of Assam, Dispur.

  2. PPS to Chief Minister, Assam.

  3. PS to Speaker, Assam Legislative Assembly, Dispur.

  4. The Secretary to the Government of India, Ministry of Home Affairs, New Delhi.

  5. PS to Chief Secretary, Assam.

  6. PS to Additional Chief Secretary Assam.

  7. All principal Secretaries/ Commissioner and Secretaries/ All Secretaries to the Government of Assam.

  8. All Commissioners of Divisions.

  9. All Deputy Commissioners/ Sub-Divisional Officers.

  10. PS to All Minister/Ministers of State.

  11. All Administrative Departments.

  12. All Heads of Departments.

  13. The Accountant General ( Audit ) Assam, Guwahati-28.

  14. The Accountant General ( A & E) Assam, Guwahati-28.

  15. Chief Executive Members, North Cacher Hills District Council, Haflong/ Karbi Anglong District Council, Diphu/ Bodoland Autonomous Council, Kokrajhar.

  16. The Superintendent, Assam Government press, Bamunimaidan, Guwahati-21 for favour of publication of the above Notification in the extra ordinary Assam Gazette and to supply 200 spare copies.

 

By order etc.,

 

 

Joint Secretary to the Government of Assam,

Personnel (B) Department.

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : PERSONNEL (B )

DISPUR: GUWAHATI- 781006.

 

NO. ABP. 25/97/71 Dated, Dispur, the 8th March, 2001.

 

OFFICE MEMORANDUM

 

 

Subject : ACS (C) RULES, 1965- SUPREME COURT JUDGEMENT IN THE CASE OF VISHAKA VS. STATE OF RAJASTHAN REGARDING SEXUAL HARASSMENT WORKING WOMEN.

 

1. The undersigned is directed to say that in the case of Vishaka and others-vs-State of Rajasthan and others ( JT.1997 ( 7 ) SC 384 ). The Hon'ble Supreme Court has laid down guidelines and norms to be observed to prevent sexual harassment of working women.

 

2. It has been laid down in the judgement above-mentioned that it is the duty of the employer or other responsible persons in work places or other institutions to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution, settlement or prosecution of acts of sexual harassment by taking all steps required. For this purpose, sexual harassment includes such unwelcome sexually determined behaviour ( Whether directly or by implication ) as :-

(a). Physical contact and advances;

(b). A demand or request for sexual favours;

(c). Sexually coloured remarks;

(d). Showing pornography;

(e). Any other unwelcome physical, verbal or non-verbal conduct of sexual nature.

3. Attention in this connection is invited to Rule 3 (I) (III) of Assam Civil Services (Conduct) Rules, 1965 which provides that every Government servant shall at all times do nothing which is unbecoming of a Government servant. Any act of sexual harassment of women employees is definitely unbecoming of a Government servant and amounts to a misconduct. Appropriate disciplinary action should be initiated in such cases against the delinquent Government servant in accordance with the Rules.

 

  1. Where such conduct amounts to a specific offence under the Indian Penal Code or under any other law, the concerned authorities shall initiate appropriate action in accordance with law by making a complaint with the appropriate authority.

 

  1. In Particular, it should be ensured that victims, or witnesses are not victimized or discriminated against while dealing with complaints of sexual harassment. The victims of sexual harassment should have the option to seek transfer of the perpetrator or their own transfer.

 

  1. Complaint Mechanism :- Whether or not such conduct constitutes an offence under law or a breach of the service rules, an appropriate complaint mechanism should be created in every organization for redress of the complaint made by the victim. Such complaint mechanism should ensure time bound treatment of complaints. Wherever such machineries for redressal of grievance already exist, they may be made effective and in particular women officers should preferably handle such complaints.

 

  1. Awareness:- Awareness of the rights of female employees in this regard should be created in particular by prominently notifying the guidelines in a suitable manner.

 

  1. A specific provision is, however, being made in the Assam Civil Services ( Conduct ) Rules, 1965 prohibiting sexual harassment of women by Government servants, in compliance of the judgement of the Hon'ble Supreme court.

 

  1. The Departments are requested to bring these instructions to the notice of all concerned for District compliance.

 

 

Sd/-

 

 

 

B.K. Gohain.

8/3/2001.

Commissioner & Secretary to the Government of Assam

Personnel Department, Dispur.

 

 

Memo No. ABP. 25/97/71-A Dated, Dispur, the 8th March, 2001.

 

 

Copy to:-

  1. The Secretary to the Governor of Assam, Dispur.

  2. PPS to Chief Minister, Assam.

  3. PS to Speaker, Assam Legislative Assembly, Dispur.

  4. The Secretary to the Govt. of India, Ministry of Home Affairs, New Delhi.

  5. PS to Chief Secretary, Assam.

  6. PS to Additional Chief Secretary, Assam.

  7. All principal Secretaries/ Commissioner & Secretaries/ All Secretaries to the Govt. of Assam.

  8. All Commissioners of Sub-Divisions.

  9. All Deputy Commissioners/ Sub-Divisional Officers.

  10. PS to all Ministers/ Ministers of State.

  11. All Administrative Departments/ All Heads of Departments.

  12. The Accountant General ( Audit ) and ( A&E ), Assam, Guwahati-28.

  13. The Chief Executive Members, North Cacher Hills District Council, Haflong/ Karbi Anglong District, Council, Diphu/ Bodoland Authonomous Council, Kokrajhar.

  14. The Superintendent, Assam Govt. press, Bamunimaidam, Guwahati-21 for favour of publication of the above notification in the extra ordinary Assam Gazette and to supply 200 spare copies.

 

 

 

By order etc.

 

Sd/- P.K. Gupta.

 

80. 3.2001

Joint Secretary, Personnel ( B ) Deptt.

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL :: PERSONNEL ( B )

DISPUR : : GUWAHATI

 

 

No. ABP. 78/ 90 / 166 Dated, Dispur, the 12th July, 2001

 

 

For an affective and efficient administration at the field level, it is essential that the field level officials of various departments attend offices regularly and also stay at their respective headquarters.

It is therefore impressed upon all concerned administrative departments to fully ensure that the Government instructions relating to attendance in offices, discipline and proper functioning are scrupulously followed in their field level offices . The senior officers in the Secretariat have to be pro-active and also ensure that the field level officers of their functioning is transparent power steps need to be taken that all such officers are available at their headquarters, functions efficiently and effectively and keep close watch on the working in their offices.

In order to ensure effective and efficient administration of the different departments, the principal Secretaries/ Commissioner & Secretaries/ Secretaries must visit at least one district in a month and personally see the departmental schemes and services, capacity building of institutions and the construction activities, verification may be made of measurement books and utilization certificates to ascertain their genuineness so that fictitious bills are not paid. It is also necessary to appreciate the contributions of the honest and efficient employees. The Chief Secretary would also make similar visits to the districted to take stock of departmental schemes.

After completion of a visit, the senior officers shall submit a report of the tour with his observations and details of the actions taken to the Chief Minister within a week and continue to monitor the actions taken at regular intervals with intimation to the Chief Minister's office.

 

 

Chief Secretary to the Government of Assam.

 

 

Memo No. ABP. 78/ 90/ 166-A Dated, Dispur, the 12th July, 2001.

 

Copy to :-

 

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. PS to Ministers/ Minister of state, Assam.

  4. PS to Chief Secretary, Assam.

  5. Chairman, Assam Administrative Tribunal, Guwahati.

  6. Chairman, Assam accord of Revenue, Guwahati.

  7. PS to Additional/ Chief Secretary, Assam.

  8. All principal Secretaries/ Commissioner & Secretaries/ Secretaries to the Government of Assam.

  9. All heads of Departments.

  10. All Commissioners of Divisions.

  11. All Deputy Commissioners.

  12. Secretary, Assam public Service Commission, Jawaharnagar, Ghy-29.

  13. Principal Secretary, Karbi Anglong Autonomous Council, Diphu/ North Cacher Hills Autonomous Council, Haflong.

  14. Principal Secretary, Badland Autonomous Council, Kokrajhar, Rabha Hasong Autonomous Council, Dudhnoi, Goalpara District, Mising Autonomous Council, Gogamukh, North Lakhimpur / Lalung ( Tiwa ) Autonomous Council, Morigaon.

  15. All Sub-Divisional officers.

  16. Secretary, Assam Legislative Assambly, Dispur.

 

 

By order etc.,

 

 

Joint Secretary to the Government of Assam

Personnel ( B ) Department.

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL ( B )

DISPUR : : : GUWAHATI

 

No. ABP. 89/ 2001 / 19 Dated, Dispur, the 29th October, 2001

 

OFFICE MEMORANDUM

 

 

The State Government have issued Consolidated Instructions vide O.M No. ABP. 59 / 99 / 129 dated 30-6-2001 banning direct recruitment to the service on ado basis including appointment under Regulation 3 ( f ) of the Assam Public service commission regulation, 1951.

 

However, there are instances of relaxation of this ban on ad-hoc appointment in certain exceptional cases with the prior approval of the Cabinet.

 

As the ad-hoc appointment generates scope for arbitrariness, malpractice, favoritism and corruption, the State government with a view to eliminate any such scope of malpractice, favuoritism etc., have decided to issue following further guidelines for strict compliance by all Administrative Department / Head of department / Appointing Authorities.

 

  1. The practice of direct recruitment by way of ad-hoc appointment should be avoided as a matter of policy. It may be resorted to only in exceptional cases with the prior approval of the Cabinet when it becomes totally unavoidable in the interest of public service to make such ad-hoc appointment.

 

  1. In every case of ad-hoc appointment it shall be based on a departmental selection process, involving issue of a proper advertisement, giving reasonable time and inviting candidature from the eligibility candidates. The case of candidate for ad-hoc appointment shall not be considered merely on the basis of an application submitted by him without any proper advertisement . In the advertisement it must be specifically mentioned that appointment to be made is purely on ad-hoc basis and to become eligible for regular appointment a candidate must qualify himself In the regular recruitment test as and when held .

 

  1. A departmental selection committee shall be constituted and due regard is to be given to the provision of reservation made in favour of SC/ST and O.B.C . .The departmental selection committee to be constituted for the purpose shall conduct a written test/interview to assess the suitability of the candidate for the post and shall recommend a panel of names in order of preference with due regard to the provisions of reservation Act. Rules and Circulars.

 

  1. Immediately after issue of orders of ad-hoc appointment the process for regular appointment shall be commenced by the appointing authority within 30 days from the date of issue of first ad-hoc appointment letter.

 

In case of any appointment through the Assam Public Service Commission, the steps shall be taken by the departmental authority to forward draft advertisement to APSC simultaneously along with requisition as already prescribed and circulated in the state Government O.M. No. AAP. 319/78/50 dated 24-3-1980 ( copy enclosed ) for advertising the post and also for obtaining the recommendation of APSC for regular appointment in time and for any lapses in this regard, the departmental secretary shall be held personally responsible.

 

In case of other regular appointment, where the nomination by APSC is not involved, the departmental authority within 30 days from the date of issue the advertisement inviting candidatures from the eligible candidates for regular appointment to the service and for any default in this regard the concerned appointing authority who made the ad-hoc appointment shall be held personally responsible. 5. An ad-hoc appointee shall be watchful and vigilant so as to avail of and offer h his/her candidature for regular appointment in response to advertisement from the APSC/departmental authority. It shall be responsibility of the Department/appointing authority to ensure that the selection process for regular appointment is completed within a period of one year from the date of issue of first ad-hoc appointment and all the vacant posts that are allowed to be filled up by Government including the posts held by ad-hoc appointees are filled up on regular basis from the select list so prepared for regular appointment in order of preference with due regard to the Reservation provision for SC/ST/OBC .

6) All the ad-hoc appointees who fail to qualify for regular appointment shall be discharged from the service making room for filling the post by regular appointment.

 

 

 

The above instructions should be brought to the notice of all concerned for strict compliance and any deviation therefrom will be viewed seriously and concerned Commissioner and Secretary of the Department shall be held personally responsible for any violation and appropriate action will be initiated against the officers at fault.

 

 

Chief Secretary to the Govt. of Assam

 

 

 

Memo No. ABP. 89/2001/19 : Dated: Dispur, the 29th October, 2001.

 

Copy for information and necessary action to :-

 

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam .

  3. PS to Ministers/Ministers of state, Assam.

  4. PS to Chief Secretary to the Government of Assam, Dispur.

  5. PS to Chief Vigilance Commissioner, Assam, Dispur.

  6. Chairman , Assam Administrative Tribunal, Guwahati.

  7. Chairman, Assam Board of Revenue, Guwahati.

  8. Chairman, Assam Public Service Commission, khanapara, Guwahati.

  9. PS to Additional Chief Secretary, Assam.

  10. All Principal Secretaries/Commissioner & Secretaries/ Secretaries to the Government of Assam.

  11. All Heads of Departments.

  12. All Commissioner of Divisions.

  13. All Deputy Commissioners.

  14. Secretary, Assam Public Service Commission, Khanapara, Guwahati.

  15. Principal Secretary, Karbi Anglong Autonomous Council, Diphu/ North Cachar Hills Autonomous Council, Haflong.

  16. Principal Secretary, Bodoland Autonomous Council. Kokrajhar, Rabha Hasong Autonomous Council, Dudhnoi, Goalpara District , Missing Autonomous Council, Gogamukh, North Lakhimpur/ Lalung ( Tiwa ) Autonomous Council, Morigaon.

  17. All Sub- Divisional Officers.

  18. Secretary, Assam Legislative Assembly, Dispur.

 

 

 

By order etc.,

 

 

Joint Secretary to the Government of Assam

Personnel (B) Department

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL ( B )

DISPUR : : : GUWAHATI

 

No. ABP . 78/90/pt-III/ 3 Dated, Dispur, the 2nd Nov., 2001

 

OFFICE MEMORANDUM

 

 

As per State Government's standing instructions issued Vide O.M No. ABP. 78/90/150 dated 27-3-98 all officers of the rank of Secretary and above while undertaking tours outside the state of Assam are required to furnish a copy of the date-wise tour programmes to the chief Secretary, Assam with full justification for obtaining approval of Chief Secretary, Assam.

 

As desired by the Chief Minister it has now been decided that for undertaking any tour outside the state of Assam, the officer concerned shall hence-forth submit a copy of his date-wise tour programme to the Chief Minister's Secretariat in additional to Chief Secretary, Assam for appraisal of Chief Minister, Assam.

 

On completion of the tour outside the state, the officer concerned must submit a copy of report of the tour within 7 ( seven ) days from the date of return from tour indicating details of the work done by him while on tour and issues raised while taking up the matter with the Central Ministers/ Departments etc. for apprisal of Chief Minister, Assam.

 

Further, it has also been decided that no tour programme of officer outside the state will be considered unless the officer concern has submitted the report of his/her earlier tour to outside the state of Assam to Chief Secretary and Chief Minister, Assam, in time.

 

 

Chief Secretary to the Government of Assam.

 

 

 

Memo No. ABP. 78/90/pt-III/3-A Dated, Dispur, the 2nd Nov, 2001.

 

Copy to :-

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. PS to Ministers/ Ministers of State, Assam.

  4. PS to Chief Secretary, Assam.

  5. Chairman, Assam Administrative Tribunal, Guwahati.

  6. Chairman, Assam Board of Revenue, Guwahati.

  7. PS to Additional Chief Secretary, Assam.

  8. All Principal Secretaries/ Commissioner & Secretaries/ Secretaries to the Government of Assam.

  9. All Heads of Departments.

  10. All Commissioners of Divisions.

  11. All Deputy Commissioners.

  12. Secretary, Assam Public Service Commission, Jawaharnagar, Guwahati-22.

  13. Principal Secretary, Karbi Anglong Autonomous Council, Diphu/ Rabha Hasong Autonomous council, Dudhnoi, Goalpara District / Mising Autonomous council,Gogamukh, North Lakhimpur / Lalung ( Tiwa ) Atonomous council, Morigaon.

  14. All Sub- Divisional Officers.

  15. Secretary, Assam Legislative Assembly, Dispur.

 

 

By order etc.

 

Joint Secretary to the Government of Assam

Personnel (B) Department.

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

 

No. ABP. 152/ 2000/27 Dated, Dispur, the 25th Feb., 2002.

 

OFFICE MEMORANDUM

 

Subject :- PROCEDURE FOR RECORDING OF THE STATEMENT OF DEPARTMENTAL

WITNESSES AND DEFENCE WITNESSES IN AN ENQUIRY IN A DEPARTMENTL PROCEEDING CASE.

 

It has come to the notice of the State Government that in the process of inquiry in the Departmental proceeding cases certain inquiry Officers are recording the Statements of defence witness first before recording the statements of Departmental witnesses or are first recording the statement of Departmental witnesses No. 1., thereafter the statement of defence witness and then again the statement of departmental witness No.2 in violation of the principal of nature justice. It may be mentioned that in an inquiry into charges against the delinquent official in any disciplinary proceeding , onus lies on the prosecution to prove the charges against delinquent official by producing cogent evidences .

 

In view of above, the examination of all prosecution witnesses has to be completed first, before starting the examination of any defence witness before the examination of the prosecution witness (es) or in between the examination of the prosecution witness (es)

 

It is , therefore, impressed upon all concerned that henceforth in an enquiry in to charges against the delinquent, official the inquiry officer must complete the examination of all the prosecution witness (es) first before examination of the defense witness to avoid litigation .

 

 

 

 

 

 

Sd/- J.P.Saikia, IAS.

 

Commissioner & Secretary to the Govt.

of Assam, Personnel Department : : :

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Memo. No. ABP. 152/2000/27-A Dated, Dispur, the 25th Feb. , 2002.

 

Copy to :-

 

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. PS to Minister s/Ministers of State, Assam.

  4. PS to Chief secretary to the Government of Assam, Dispur.

  5. Chairman, Assam Administrative Tribunal, Guwahati.

  6. Chairman, Assam Board of Revenue, Guwahati.

  7. PS to Additional Chief Secretary to the Government of Assam.

  8. All principal Secretaries /Commissioner & Secretaries/ Secretaries to the Government of Assam .

  9. All Heads of Departments.

  10. All Commissioner Divisions.

  11. All Deputy Commissioners .

  12. Secretary Assam Public service Commission, Jawaharnagar, Guwahati – 22.

  13. Principal Secretary, Karbi Anglong Autonomous Council, Diphu/ North Cachar Hills Autonomous Council, Haflong.

  14. Principal Secretary, Bodoland Autonomous Council, Kokrajhar, Rabha Hasong Autonomous Council, Dudhnoi, Goalpara District, Mising Autonomous Council, Gogamukh, North Lakhimpur /Lalung (Tiwa) Autonomous Council, Marigaon .

  15. All Sub –Divisional Officers .

  16. Secretary, Assam Legislative Assembly, Dispur .

 

 

 

By order etc.,

 

 

Deputy Secretary to the Government of Assam

Personnel (B) Department .

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

 

No. ABP. 59/96/163 Dated, Dispur, the 12th March, 2002.

 

OFFICE MEMORANDUM

 

Subject :- FIXATION OF SENIORITY OF RESERVED CANDIDATES

vis-à-vis

GENERAL CANDIDATES IN PROMOTIONAL POSTS.

 

 

Consequent upon the amendment of Article 16 (4A) of the Constitution of India by the Constitution (Eighty fifth) Amendment Act. 2001 it has been decided that the following principle of fixation of seniority of reserved candidates vis-a-vis general Candidates in promotional posts shall be followed :-

 

Scheduled castes /scheduled Tribes Government Servants shall on their promotion by virtue of rule of reservation /roster be entitled to consequential seniority also and the above decision shall be effective from 17th June, 1995 .

 

On the basis of the reserved seniority, consequential benefits like promotion, pay pension etc. shall be allowed to the concerned scheduled castes/scheduled Tribes Government servants (without arrears by applying principle of no work no pay ). For this purpose , senior scheduled castes/ scheduled tribes Government servants may be granted promotion with effect from the date of promotion of their immediate junior general /other Backward Classes Governments servants, such promotion of scheduled castes /scheduled tribes Governments Servants may be given with the approval of the appointing authority of the post to which the Government servant is to be promoted at each level after following normal procedure of Departmental Selection Committee and with the approval of Assam Public Service Commission.

 

Except seniority, other consequential benefits like promotion , pay etc. (including retrial benefits in respect of those who have already retired ), allowed to General/Other Backward Classes Government servant by virtues of implementation of office Memorandum No. ABP. 59/96/17 dated 12-6-96 and/or in pursuance of the direction of Assam Administrative Tribunal/ Court , should be protected as personal to them . The instructions contained in this Department's office Memorandum No. ABP. 59/96/17 dated 12-6-96 stand withdrawn with effect from 12-6-96 it-self and seniority of Government servant determined in the light of office Memorandum dated 12-6-96 shall be revised as if that office Memorandum was never issued.

 

 

(J.P. Saikia )

Commissioner & Secretary to the Government

Of Assam, Personnel Department

 

Memo. No. ABP. 59/96/163-A Dated, Dispur, the 12th March, 2002.

 

Copy to :-

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. The Chief secretary to the Government of Assam , Dispur.

  4. The Additional Chief Secretary to the Government of Assam .

  5. The All Principal Secretaries to the Government of Assam.

  6. The All Commissioner & Secretary/Secretary to the Government of Assam.

  7. All Deputy Commissioner/Sub-Divisional Officers (Civil).

  8. All Administrative Departments .

  9. All Heads of Departments .

  10. PS to Ministers/Ministers of State, Assam .

 

 

By order etc.,

 

Deputy Secretary to the Government Of Assam

Personnel (B) Department

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

 

Memo. No. ABP. 78/90/Pt-III/7 Dated, Dispur, the 11th Sept., 2002

 

OFFICE MEMORANDUM

 

 

In order to bring about an effective and efficient administration and with a view to eliminating avoidable paper –works . Government of Assam have decided that henceforth the Chief Secretary to the Government of Assam would approve of the tour programmes of all officers of the rank of Commissioner and Secretary, and Inspector General of police, Chief conservator of Forest etc. and above , so far their visit outside the state is concerned.

In case of officers of the rank of Secretary, Additional Secretary, Joint Secretary, Heads of Department, Deputy Inspector General of police and equivalent rank, tour programmes outside the State of all such officers shall be approved by the Additional Chief Secretary to the Government of Assam, except in the case of the officers of the Departments under his control.

 

 

 

Sd/

 

 

J.P. Saikia,

Commissioner & Secretary to the Government of Assam,

Personnel Department.

 

Memo. No. ABP. 78/90/Pt-III/7-A Dated, Dispur, the 11th Sept., 2002

 

Copy to :-

  1. The Commissioner & Secretary to the Governor of Assam, Dispur.

  2. The Commissioner & Secretary to the Chief Minister, Assam.

  3. PS to Ministers / Ministers of State, Assam .

  4. PS. To Chief Secretary, Assam .

  5. The Chairman, Assam Administrative Tribunal , Guwahati .

  6. The Chairman, Assam Board of Revenue , Guwahati .

  7. PS to Additional Chief Secretary, Assam.

  8. All Principal Secretaries/Commissioner & Secretaries/ Secretaries to the Government of Assam.

  9. All Heads of Departments .

  10. All Commissioner's of Divisions .

  11. All Deputy Commissioners.

  12. Secretary , Assam Public Service Commission, Jawaharnagar, Guwahati -22.

  13. Principal Secretary, Karbi Anglong Autonomous Council, Diphu/Rabha Hasong Autonomous Council, Dudhnoi /Missing Autonomous Council, Gogamukh , North Lakhimpur/Lalung (Tiwa) Autonomous Council, Morigaon, North Cachar Hills Autonomous Council, Haflong /Bodoland Autonomous Council, Kokrajhar.

  14. All Sub-Divisional officers.

  15. The Secretary , Assam Legislative Assembly, Dispur .

 

 

By order etc.,

 

 

Deputy Secretary to the Government of Assam

Personnel (B) Department.

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

PERSONNEL (B) EPARTMENT : : DISPUR

 

 

No. ABP. 78/90/Pt-III/27. Dated, Dispur, 11th February/2004.

 

 

OFFICE MEMORANDUM

 

In order to bring about an effective and efficient administration and with a view to eliminating avoidable paper works, Govt. of Assam have decided that henceforth the Chief Secy. To the Govt. of Assam would approve of tour programme of all officers of the rank of Commissioner and Secy. , and Insp. General of police , Chief Conservator of Forest etc. and above so far their visits outside the State is concerned .

 

In case of officers of the rank of Secretary, Addl. Secy., Joint Secy., Heads of Departments, Deputy Inspector of General of police and equivalent rank, tour programme outside the state of all such officers shall be approved by the Addl. Chief Secretary. to the Govt. of Assam.

 

An official undertaking any tour outside the state shall submit a copy of the date wise tour programme with full justification must submit a copy of the report of the tour within 7 (seven) days from the date of return from tour indicating details up the matter with the central Ministers/ Department etc. for appraisal of chief Minister , Assam.

 

This may be brought to the notice of all concerned and receipt of this O.M. be acknowledge.

 

 

Sd /

 

 

(J.P.Rajkhowa,IAS)

 

Chief Secretary to the Govt. of Assam,

Dispur, Guwahati – 6.

 

 

Memo No. ABP.78/ 90/ Pt.III/ 27-A, Dated, Dispur, the 11th February 2004.

Copy to:-

 

  1. Commissioner & Secretary to the Governor of Assam, Dispur.

  2. Commissioner & Secretary to the Chieft Minister, Assam.

  3. P. S. to Minister state of Assam.

  4. P.S. to Chief Secretary, Assam.

  5. Chairman, Assam Administrative Tribunal,. Guwahati.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

No. ABP.121/ 92/ Pt-V/ 136 Dated, Dispur the 22nd June,2004.

 

From : Sri J.P. Saikia, IAS.

Commissioner & Secretary to the Govt. of Assam, Personal (B) Department.

 

To : All Deputy Commissioner.

 

Sub : The Assam Public Services (Appointment of Family members of Person Killed by extremists/ terrorists) Rules, 1992- Repeal There of.

Sir,

I am directed to inform you that the Assam Public Services (Appointment of Family members of Person Killed by extremists/ terrorists) Rules, 1992 has been repealed by the Govt. vide this Deptt. Notification No. ABP. 121/ 92/ Pt-V/ 135 dt. 22. 6. 2004. The Govt. has also Rule to give relief to the affected families.

 

  1. Preference to Members of the affect families certified as such by competent district authority in recruitments to Govt. and semi Govt. jobs.

 

  1. Preference to Such Certified persons in selection of beneficiaries under self- employment generation Schemes of different departments and relied Schemes of social welfare etc. Departments.

 

  1. Enhancement of the ex-gratia amount paid to the next of kin of a person killed in extremist violence to Rs.3, 00000 (Three lakhs).

 

  1. Alternative means of livelihood to families of earning victims of extremist violence to be determined the economic conditions of each family separately.

 

  1. Free Education to Children of the poor affected families till they become eligible to earn.

 

You are therefore requested to kindly take immediate necessary action on the matter.

 

All application received earlier through the respective D.C.S are being returned to the D.C.S separately.

 

 

Your faithfully

 

 

Sd/

 

 

J.P. Saikia, IAS,

Commissioner & Secretary to the Govt. of Assam.

Personnel (B)Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Memo No. ABP. 21/ 92/ Pt-V/ 136-A, Dtd., Dispur, the 22nd June 2004.

Copy to:-

 

  1. The secretary to the Governor of Assam, Dispur.

 

  1. P.P.S. to Chief Minister, Assam.

 

  1. The P.S. to Ministers/ Ministers of state, Assam.

 

  1. The P.S. to Chief Secretary to the Govt. of Assam.

 

  1. All Spl. Commissioners & Spl. Secretaries/ All Commissioners and Secretaries/ All secretaries to the Govt. of Assam – for information & necessary action.

 

  1. The Commissioner & Secretary to the Govt, of Assam, Relief & Rehabilitation Deptt./ Education Deptt. for taking necessary action on the item No.3 & 5 respectively.

 

  1. All Commissioners of Divisions.

 

  1. The Chairmen, Assam Administrative Tribunal, Guwahati.

 

  1. The Chairmen, Board of Revenue, Assam, Guwahati.

 

  1. The Secretary, Assam public Service Commission, Jawaharnagar, Khanapara, Guwahati-22.

 

  1. All Deputy Commissioner/ Sub- Divisional officers.

 

  1. All Administrative Departments.

 

  1. All Heads of Departments.

 

  1. Political (Cabinet Cell) Department.

 

By order etc.,

 

 

Joint Secretary to the Govt. of Assam,

Personnel: (B): Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI-6

 

 

 

No. ABP. 78/ 90/ Pt-III/ 28 Dated, Dispur, the 1st July/ 2004.

 

OFFICE MEMORANDUAM

 

Sub : INSTRUCTIONS REGARDING PERMISSION FOR UNDERTAKING TOURS.

 

Instructions have already been issued regarding permission for undertaking tour by state Govt. Official vide this Deptt.'s O.M. No. ABP.78/90/150 dt. 27.3.1998. ABP. 78/90/151 dated 12.1.2000, ABP.78/90/166 dtd. 12.7.2001,ABP.78/90/Pt-III/3,dtd. 02.11.2001, ABP.78/90/ Pt- III/7 dtd.11/9/ 2002 and ABP.78/90/Pt - III/27dtd. 11. 02. 2004.

 

In order to further streamline the process of giving permission for tour to attend meeting, seminar, workshop etc. out-side the state, where the expenditure on account of course Fees, TA/DA etc. of the Govt. Officials under taking tour is born by the sponsoring organizations, the following further instructions are issued which should be strictly adhered to.

 

1) Principal Secretary/Commissioner & Secretary/Secretary of the concerned Department will accord permission to Heads of Departments for under taking tour out-side the state for attending seminar/workshop/meeting etc.

 

2) Heads of Departments will accord permission for tour out-side the state by Officers/Officials under their administrative control.

 

3) The maximum period of such tour out-side the state for the above purpose is limited to 21 days only.

 

4) The sanctions for tour should specifically state that no TA/ DA will be paid by the Govt. of Assam or any autonomous bodies under their control.

 

  1. In case where TA/DA etc. is born by the Govt. The existing instructions for tour out side

State will continue.

 

 

SD/- J.P. Saikia, IAS,

 

Commissioner & Secretary to the Govt. of Assam.

Personnel (B)Department.

……..

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Memo No. ABP.78/90/Pt-III/28-A Dtd. Dispur, the 1st july/2004.

 

Copy:-

  1. Commissioner & Secretary to the Governor of Assam, Rajbhaban, Guwahati.

  2. Commissioner & Secretary to the Chief Minister, Assam.

  3. P.S. to Ministers/Ministers of state, Assam.

  4. P.S. to Chief Secretary, Assam.

  5. Chairman, Assam Administrative Tribunal,Guwahati.

  6. Chairmen, Assam Board of Revenue, Guwahati.

  7. P.S. to Additional Chief Secretary, Assam.

  8. All Principle Secretary/Commissioner & Secretaries/Secretaries to the Government of Assam.

  9. All Heads of Departments.

  10. All Commissioners of Divisions.

  11. All Deputy Commissioners.

  12. Secretary, Assam Public Service Commission, Jawaharnagar, Khanapara, Guwahati-22.

  13. Principle Secretary, Karbi Anglong Autonomous Council,Dipu/Rabha Hasong Autonomous council, Dudhnoi, Goalprqa District/Mising Autonomous Council, Gagamukh, North Lakhimpur/Lalung (Tiwa) Autonomous Council, Morigaon.

  14. All Sub-Divisional Officers.

  15. Secretary, Assam Legislative Assembly, Dispur.

 

 

By order etc.

 

Joint Secretary to the Govt. of Assam,

Personnel: (B): Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI-6

 

 

No. ABP.78/ 90/ 29 Dated, Dispur, the 21st December/ 2004

 

OFFICE MEMORANDUAM

 

 

Sub:- Permission for undertaking tour outside the state of Assam instruction therefore.

 

Instructions regarding permission for undertaking tour out-Side the state have issued vide O.M. No.78/90/pt-III/27 dtd. 11.02.2004

 

After careful consideration it has been decided that the Tours of Police Officers out-side the state of the rank of superintendent of Police and above shall be approved by Chief Secretary and Police Officers below the rank of superintendent of Police Shall be approved by Director General of Police, Assam.

 

This partially modifies our O.M. No. ABP. 78/90/Pt-III/7 dt. 11.9.2002 and O.M. No.78/90/Pt-III/27 dt. 11.02.2004.

 

 

Sd/

 

 

J.P. Saikia, IAS,

Commissioner & Secretary to the Govt. of Assam.

Personnel (B)Department.

……..

Memo No. ABP. 78/90/Pt-III/3-A Dtd., Dispur, the 21st December /2004.

Copy to:-

  1. commissioner & Secretary to the Governor of Assam,Dispur.

  2. Commissioner & Secretary to the Chief Minister, Assam,

  3. P.S. to Minister/Ministers of State, Assam,Dispur.

  4. P.S. to Chief Secretary, Assam.

  5. Chairman, Assam Administrative Tribunal, Guwahati.

  6. Chairman, Assam Board of Revenue, Guwahati.

  7. P.S. to Additional Chief Secretary, Assam..

  8. All Principal Secretaries/Commissioner & Secretaries/ Secretaries to the Government of Assam.

  9. All Heads of Departments.

  10. All Commissioners of Divisions.

  11. All Deputy Commissioners.

  12. Secretary Assam Public Service Commission, Jawaharnagar, Guwahati-22.

  13. Principle Secretary, Karbi Anglong Autnomous Council, Diphu/Rabha Hasong Aoutonomous Council, Dudhnoi, Goalpara Lalung (Tiwa) Autonomous Council Morigaon.

  14. All Sub-Divisional Officers.

  15. Secretary, Assam Legislative Assembly, Dispur.

 

 

 

By order etc.

 

Joint Secretary to the Govt. of Assam,

Personnel: (B): Department.

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : PERSONNEL (B)

DISPUR : : : GUWAHATI-6

 

N O T I F I C A T I O N

 

 

No. ABP. 5/2002/84 -A Dated, Dispur, the 5th Jan/2005.

 

 

In exercise of the powers conferred by Article 318 of the constitution of India the Governor of Assam is hereby pleased to make the following Regulations further to amend t\he Assam public service commission Regulations, 1951, here in after referred to as the principle Regulation namely:-

 

Short title 1. (1) These Regulations may be called the Assam public service commission

And Regulations, 2005

Commencement

(2) They shall come into force on the date of their publication in the Official Gazette.

 

Substitution 2. In the principal Regulation, for Regulation 4,

Of Regulation 4 the following shall be substituted, namely:-

"4. (i) The commission shall consist of a chairman and six other Members including a woman Member.

 

(ii) The chairman and Members of the commission shall competent, honest and impartial person of outstanding ability, integrity and high reputation who command confidence of the people and who would not allow themselves to be deflected by an extraneous consideration from discharging their duties of making selection on merit.

 

(iii) As nearly as may be one-half of the Members of the commission shall be person who at the date of their respective appointments have held office for at least ten years either under the Government of India or under the state Government.

 

(iv) The woman Member should be an eminent women who have adequate qualifications and have shown capacity in dealing with the problems relating to woman or who has been holding the post of head or additional head any department of the state Government or who is a principal or Professor of any Govt. College including professional college or she must be a reputed Advocate, chartered Accountant, Medical practitioner, principal, professor of University or aided College.

 

(v) Among the seven Members including the chairman at least three Members shall be appointment from persons down in clause (iii) and have served at least as secretary to the Government.

 

(vi) The Governor of Assam or his nominee shall administer the oath of secrecy to the chairman and Members before entering upon their office according to the following form, namely:-

 

I, A having been appointment as Chairman/ Member of the Assam public service commission do swear in the name of God and solemnly affirm that II will bear true faith and allegiance to the constitution of India as by law established and that I will faithfully discharge the duty upon which I am about to enter."

 

Substitution 3 In the Principal Regulations, for Regulation 14, the following shall be substituted,

of Regulation namely:-

14. "14. (i) The secretary of the commission shall be appointed by the commission with

approval of the Governor. The normal tenure of the office of the Secretary shall be five years, provided that the commission,, may with the approval of the Governor extend the tenure of secretary for a further period not exceeding one year.

(ii) The Secretary shall not be given dual charge of the commission.

(iii) The secretary shall play a responsible role in the conduct of examination in direct/recruitment and he should undergo training at the Union public service commission to acquaint himself with the functioning of the public service commission.

(iv) The controller of Examination of the commission shall be responsible to the secretary of the commission."

 

Commissioner & Secy. To the Govt. of Assam

Personal (B) Department.

 

 

Memo. No. ABP. 5/2002/84-A. Dated Dispur, the 5 th Jan./2005.

 

Copy to :-

  1. The Secretary to the Governor of Assam, Dispur.

  2. The P.P.S. to Chief minister, Assam, Dispur.

  3. The P.S. to Chairman APSC for kind apprisal of Chairman.

  4. The P.S. to Chief Secretary, Assam, Dispur.

  5. All Principal Secretary / Commissioner & Secretary/ Secretary to the Govt. of Assam, Dispur.

  6. P.S to the All Minister / Ministers of State, Assam, Dispur.

  7. The Secretary, Assam Public Service Commission , Jawaharnagar, Khanapara, Guwahati-22.

  8. The Chairman, Board of Revenue, Assam, Guwahati-1.

  9. The Chairman, Assam Administrative Tribunal, Ghy-1.

  10. All Commissioners of Divisions .

  11. All Deputy Commissioner/Sub-Divisional Officers.

  12. All Heads of the Department.

  13. The Accountant General, Assam, Maidamgaon, Beltola, Guwahati-29.

  14. The Suptd. Assam Govt. Press, Bamunimaidan, Ghy-21 for publication in the extra ordinary gazette and to send 300 copies spare copies to this Department immediately.


 


 

By order etc. ,


 

Joint Secretary to the Govt. of Assam,

Personnel (B) Department.


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 


 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : PERSONNEL (B) :

DISPUR GUWAHATI- 6


 

No. ABP. 78/90/Pt-III/31 Dated , Dispur, the 20th October/2005.


 

OFFICE MEMORANDUM


 


 

Subject : Official travel out side the State.


 

In super session of all previous instructions, official travel out side the State of Heads of Departments, Secretariat Officers of the rank of Joint Secretary and above, Police Officers of the rank of Superintendent of Police and above and Forest Officers of the rank of Conservator and above will require the approval to the Chief Secretary.


 

(2) Travel of other Officers will continue to be approved by Additional Chief Secretary (I).


 

(3) The procedure laid down in ABP. 78/90/Pt-III/28 dated 1-7-2004 for travel to

attend seminar /workshops funded by source other than the Government of Assam would continue .

(4) The procedure for foreign travel remains unaltered.


 


 

Sd/- S. Kabilan, IAS.

Chief Secretary to the Government of Assam.


 

Memo. No. ABP. 78/90/Pt-III/ 31-A Dated, Dispur the 20th October ,2005

Copy to :

  1. All Additional Chief Secretaries to the Government of Assam.

  2. All Principal Secretaries to the Government of Assam.

  3. All Special Secretaries to the Government of assam .

  4. All Commissioner & Secretaries to the Government of Assam.

  5. P.P.S. to Chief Minister, Assam.

  6. P.P.S. to Chief secretary , Assam.

  7. All Administrative Departments.

  8. All Heads of Departments .

  9. The Secretary, Assam Legislative Assembly, Dispur .

  10. The Secretary, Assam public Service Commission , Jawaharnagar, Khanapara, Guwahati-22

 

By order etc.,

 

Joint Secretary to the Govt. of Assam,

Personnel (B) Department

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERONNEL (B)

DISPUR : :: GUWAHATI

 

No. ABP. 78/85/48 Dated, Dispur, the 10th Nov, 2005

 

 

OFFICE MEMORANDUM

 

Sub :- Ad-hoc appointment under regulation 3(f) / 4 (d) of the Assam Public Service Commission Regulation and Limitation of Functions, 1951- Regulation of.

 

Comprehensive instructions have already been issued vide Govt. O.M. No. AAP. 319/78/150 dt. 24-3-80 and ABP. 149/94/10 dt. 14-12-94 regarding regularisation of 3(f) appointment & 4 (d) promotions. Instances have come to the notice of this deptt. That the administrative deptts. Do not submit required particulars to APSC regularization of 4 (d) promotions. In order to avoid cross- correspondences and to avoid delay in process the following documents should invariably be forwarded to APSC along proposals for regularization of 4 (d) promotions :-

 

  1. Final gradation list in each cadre.

  2. ACRS in original for consecutive 5 (Five) years of the recommended officers before the date of holding the selection Committee Meeting.

  3. Notification copy of regularisation in the feeder post of the recommended officers.

  4. Clearance certificate from the W.P.T. and B.C. Deptt. In respect of reservation of posts.

  5. Service particulars of the proposed promotees.

  6. Copy of Govt. Notification for promotion under Regulation 4(d) of the A.P.S.C. (L/F) Regulations, 1951, if any.

  7. Minutes of the Selection Committee/ Selection Board duly attested by the competent authority.

  8. Service Rules / Executive orders, if any.

This may be brought to the notice of all concerned.

 

Sd/

 

J.P. Saikia, IAS,

 

Commissioner & Secy. To the Govt. Of Assam,

Personnel : : : Department.

 

 

Dtd. Dispur, the 10th Nov,2005.

Memo No. ABP. 78/85/48-A,

Copy to :-

  1. All Principal Secy/Commissioner & Secy./Secy. To the Govt. of Assam for information and necessary action.

  2. The Heads of Deptts. For information and necessary action.

  3. The accountant General, Assam, Maidamgaon, Beltola, Ghy-29.

  4. The Secy., APOSC for information with reference to letter No. 35 PSC/DP-16/7/2002-2003 dt. 22-09-2005.


 


 

By order etc,

 

 

Deputy Secretary to the Govt. of Assam,

Personnel (B) Department.

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

DISPUR : : : GUWAHATI

No. ABP. 118/2003/39 Dated, Dispur, the 16th Nov , 2005

 

OFFICE MEMORADUM

 

In conformity with the National Policy on reservation of vacancies in services and post for SC, ST, & OBC including MOBC etc. , the state of Assam enacted necessary Act / Rules and issued O.M.s etc. in order to provide adequate representation to those weaker sections of people in the services and posts under the state Government and the state public sector undertakings. Needless to say that these laws on reservation are applicable equally in case of filling up of vacancies by way of regularization of services of ad-hoc appointees also as in cases of direct recruitment or promotion etc.

It is, therefore, impressed upon all Administrative departments and all Appointing Authorities that while processing the matter of regularization of ad-hoc appointees they shall ensure compliance of reservation policies of the Govt. scrupulously. Any deviation from the policy will be viewed seriously and the appointing authority will be held responsible for the lapses.

This may be brought to the notice of all concerned.

 

Sd/-


 

Md. Alauddin,

Secretary to the Government of Assam,

Personnel (B) Department.


 

Memo No. ABP. 118/2003/39-A Dated Dispur, the 16th Nov, 2005.

 

Copy to :-

 

  1. The Commissioner & Secretary to the Governor of Assam, Dispur.

  2. The Commissioner & Secretary to the Chief Minister, Assam,Dispur.

  3. P.S. to Ministers/ Minister of state, Assam.

  4. P.S. to Chief Secretary , Assam.

  5. P.S. to Addl. Chief Secretaries, Assam.

  6. All Principal Secretaries / Commissioner & Secretaries/ Secretaries to the Govt. of Assam.

  7. All Heads of Departments.

  8. All Deputy Commissioners / S.D. Os.

  9. The Principal Secretary, Karbi Anglong Autonomous Council, Diphu / N.C. Hills Autonomous Council, Haflong.

  10. The Principal Secretary, B.T.C. , Kokrajhar/ Rabha Hasong Autonomous Council, Dudhnoi/ Lalung ( Tiwa) Autonomous Council, Morigaon/ Mising Autonomous Council, Gogamukh.

 

 

By order etc.,

 

 

Under Secretary to the Govt. of Assam

Personnel (B) Department.

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

 

ORDERS BY THE GOVERNOR

 

NOTIFICATION

No. ABP.84/2003/97 The 30th November, 2005

 

 

In exercise of the powers conferred by section 11 (1) of the Assam Women (Reservation of vacancies in Services and Posts) Act, 2005, the Governor of Assam is pleased to make the following Rules:

 

Short title 1.(1) This rules shall be called "Assam Women (Reservation of Vacancies

Extent and in Services and Post ) Rules, 2005".

Commencement (2) It extends to the whole of Assam.

(3) It shall come into force at once.

Definition 2. In these rules unless there is anything repugnant in the subject or context,

 

 

2724 The ASSAM GAZETTE, EXTRAORDINARY, DEC. 6, 2005

 

  1. "Act" means the Assam Women (Reservation of vacancies in services and Posts ) Act, 2005;

  2. "Government" means the Government of Assam;

  3. "Schedule" means the schedule appended to these rules;

  4. "Commission" means the Assam Public Service Commission;

  5. The words and expressions used in these rules and not defined but defined in the Act shall have the same meanings respectively assigned to them in the Act.

Direct 3. Direct recruitment through Assam Public Service Commission

Recruitment. Or Selection Committee/ Board :- While filling up vacancies by direct recruitment on the basis of the recommendation of the APSC or the Selection Committee/ Board as the case may be, the following procedure shall be followed:

  1. While making a request to the APSC or the Selection Committee/ Board for recommending candidates for direct recruitment, the appointing authority shall also furnish the information about reservation in favour of candidates belonging to women.

  2. The APSC or the Selection Committee/ Board as the case may be shall furnish its recommendation about such number of Women candidates in order of preference for appointment.

  3. The appointing authority shall make the appointment of Women candidates on 30% basis as has been shown in schedule of this Rules.

  4. In case of non availability of adequate number of candidates belonging Women for the appointment, the post should be filled up by the respective reserved/ un reserved male candidates. To which the post is meant.

  5. The appointing authority shall consider the list in accordance with the provisions of the respective service rules and shall also consult the APSC where such consultation is necessary and shall finally approve the list.

THE ASSAM GAZETTE, EXRAORDINARY, DEC. 6, 2005 2725

 

  1. The seniority of the candidate so appointed shall be determined in order of preference shown in the combined list furnished by the APSC or by the Selection Committee/ Board.


 


 


 

 

Maintenance of 4. Appointing Authority shall maintain a Register recording filling

Register by up of posts by Women candidate from the beginning.

The Deptt. For

Records

 

Repeal & 5. Any Rules corresponding to these rules in force immediately

Saving before the cent of these Rules are hereby repealed.

 

Notwithstanding such repeal any order made or any action taken under the rules so repealed shall be deemed to have been validly made or taken under the corresponding provisions of these rules.

 

 

Schedule

(Rule-3)

Breakup percentage of 30% reservation in respect of appointment to the services and

post by direct recruitment for Women candidates.

 

SI. No. Category Existing Percentage Reserved for Women

( Number of Post)

1 2 3 4

  1. S.T.(P) 10 3

  2. S.C. 7 2

  3. S.T. (H) 5 1

  4. O.B.C./ MOBC 27 8

  5. General 51 16

100 30

 


 


 

J.P. SAIKIA,

Commissioner & Secretary. to the Govt. of Assam,

Personnel (B) Department.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

No. ABP. 76/2005/1 Dated, Dispur, the 19th Dec./05

 

OFFICE MEMORANDUM

 

 

State Govt. have issued instructions from time to time setting the conditions to be followed in the matter of of appointment under regulation 3 (f) of the Assam public service Commission (Limitation of functions ) regulation , 1951 wherein it was , interalia, stipulated that all the ad-hoc appointees who fail to qualify for regular appointment shall be discharged from the service making room for filling the posts by regular candidates as recommended by Assam Public service Commission .

However, instances have come to notice of Govt. that person who are initially appointed under the provision of Regulation 3(f) of the Assam Public Service Commission (Limitation of functions) Regulation ,1951 have been allowed to continue in the same capacity for years together without having their appointment regularized . In most of the cases such ad-hoc appointees are allowed to continue even after their failure to qualify the selection test conducted by the Assam Public service Commission . The state Govt. views it with grave concern and hereby re-iterates that Administrative Deptts/ Appointing Authorities shall immediately discontinue services of all those employees appointed under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation , 1951 whose names do not appear in the Assam Public Service Commission selected list or appear in waiting list prepared for the purpose by Assam Public Service Commission .

 

The above instructions should be brought to the notices of all concerned for strict compliance . Any deviation therefrom will be viewed seriously and concerned authorities will be personally responsible for the lapses.

 

 

 

Sd/-

 

 

Md. Alauddin, IAS,

Secretary to the Govt. of Assam,

Personnel (B) Department

 

 

 

Memo no. ABP. 76/2005/1-A, Dated, Dispur, the 19th December/05.

 

Copy to :-

  1. The Commissioner & Secretary to the Governor of Assam, Guwahati .

  2. The Commissioner & Secy. to the Chief Minister, Assam Dispur .

  3. P.S to Minister/ Minister of State, Assam .

  4. P.S. to Chief Secretary, Assam , Dispur .

  5. P.S. Addl. Chief Secretaries, Assam , Dispur .

  6. All principal Secretaries /Commissioner & Secretaries/ Secretaries to the Govt. of Assam , Dispur.

  7. All Heads of Departments.

  8. All Deputy Commissioners/Sub-Divisional Officers.

  9. The Principal secretary, Karbi angling Autonomous Council, Diphu/N.C. Hills Autonomous Council, Haflong .

  10. The Principal Secretary, B.T.C. Kokrajhar /Rabha Hasong Autonomous Council, Dudhnoi / Lalung (Tiwa) Autonomous Council, Morigaon / Mising Autonomous Council, Gogamukh.

 

 

By Order etc.

 

 

 

Joint Secretary to the Govt. of Assam,

Personnel (B) Department

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

No. ABP. 116/97/195 Dated, Dispur, the 3rd Jan./2006.

 

OFFICE MEMORANDUM

 

 

Subject :- Representation of SC/ST/OBC, Minorities and women on Selection Boards/Committees.

 

 

In term of O.M. No. 42011/15/95-Estt. (SCI) dated 11.7.95 issued by the Govt. of India it has been decided that whenever a selection Committee/Board exists or has to be constituted for making recruitment/promotion to 10 (ten) or more vacancies in class-III & Class-IV posts/ services it shall be mandatory to have one member belonging to SC/St?OBC and one member belonging to minority community in such committees/Board whether from the general category or from the minority community or from SC/ST/OBC should be co-opted on the committee/ Board . It may also be ensured that where the member of vacancies against which selection is made is lass than 10, no effort should be spared in finding a SC/ST/OBC officer, a minority Community officer and a lady officer for inclusion in such committee /Boards. This will not apply in respect of Class-III posts which are under the purview of Assam Public Service Commission ,.

 

This may be brought to the notice of all concerned.

 

 

Sd/-

 

 

Dr. B.K. Gohain , IAS,

Commissioner & Secy. to the Govt. of Assam

Personnel (B) Department

 

 

 

 

Memo. No. ABP. 116/97/1995-A, Dated, Dispur, the 3rd Jan/2006.

 

Copy to :-

 

  1. P.P.S. to chief Minister, Assam, Dispur , Guwahati-6.

  2. P.S. to Minister/ Minister of State, Assam.

  3. P.S. to Chief Secretary to the Govt. of Assam, Dispur .

  4. P.S. to Addl. Chief Secretary to the Govt. of Assam.

  5. All Principal Secretary / Commissioner & Secretary/ Secretary to the Govt. of Assam.

  6. All Heads of Department .

  7. All Deputy Commissioners / Sub Divisional Officers.

 

 

By order etc.,

 

 

Joint Secretary to the Govt. of Assam

Personnel (B) Department

 

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

No. ABP. 98/2002/100 Dated, Dispur, the 1st March./2006.

 

OFFICE MEMORANDUM

 

Subject :- Appointment in the BTC area .

 

 

It has come to the notice of the Govt. that the BTC has been facing various difficulties in the matter of appointments in various posts of class-III & Class-IV. It is therefore , impressed upon all concerned that the vacancies which are existing in respect of offices under the control of BTC should be identified , earmarked and allowed to be filled up by BTC in accordance with the rules and procedures framed for the purpose by the Govt. of Assam . Proposals for this purpose, shall be submitted by the BTC to the concerned Deptts . Who will in turn take suitable steps to get clearance for filling up the vacant posts under the control of BTC, from the Finance Deptt . In case any Deptt. Has already obtained such clearance , it would immediately inform the number of such posts to the BTC authority so that they can take necessary steps for filling up the same observing all formalities laid down in the concerned serving Rules in respect of class –III & Class-IV posts only which are outside the purview of Assam Public Service Commission .

 

 

 

Sd/

 

 

D.N. SAIKIA,

Commissioner & Secy. to the Govt. of Assam,

Personnel (B) Department

 

 

 

Memo. No. ABP. 98/2002/100-A Dated, Dispur, the 1st March/05

 

Copy to :-

 

  1. P.P.S. to Chief Minister, Assam, Dispur.

  2. P.S. to All Minister /Ministers of State, Assam, Dispur.

  3. P.S. to Chief Secretary to the Govt. of Assam, Dispur.

  4. P.S. to all Additional Chief Secretaries to the Govt. of Assam.

  5. All Commissioners of the Division .

  6. All Principal Secretaries /Commissioner & Secretaries / Secretaries to the Govt. of Assam .

  7. All Heads of the Department.

  8. All Deputy Commissioners/Sub-Divisional Officers.

  9. The Secretary, Bodoland Territorial Council, Kokrajhar.

 

 

 

 

By order etc.,

 

 

Joint Secretary to the Govt. of Assam,

Personnel (B) Department

 

 

 

 

 

 

 

 

 

 

 

 

GOVERNMENT OF ASSAM

DEPARTMENT OF PERSONNEL : : : PERSONNEL (B)

DISPUR : : : GUWAHATI

 

 

No. ABP. 29/2006/38 Dated, Dispur, the 9th May /2006.

 

OFFICE MEMORANDUM

 

 

Subject :- Promotion of Government Servants against whom departmental /disciplinary/ Court proceedings are pending or whose conduct is

under investigation procedure and guidelines to be followed .

 

 

The undersigned is directed to refer to the office Memorandum No. ABP. 230/75/6 dated 6.7.1976 and political (A) Deptts. Letter No. PLA (V) 5793/31 dtd. 23.8.94 and subsequent instructions issued from time to time on the above subject and to say that the procedure and guidelines to be followed in the matter of promotion of Government servants against whom departmental / Court proceedings are pending reviewed carefully . Govt. have also noticed the judgement dtd. 27. 8 . 1991 of the Supreme Court in Union of India etc. vs- K.V. Jankiraman etc. (AIR 1991 SC 2010) . As a result of the review and in suppression of all the earlier instructions on the subject , the procedure to be followed in this regard by the authority concerned is laid down in the subsequent paras of this O.M. for their guidance .

 

  1. At the time of consideration of the cases of Govt. Servants in the zone of consideration for promotion falling under the following categories should be specifically brought to the notice of the Departmental Promotion Committee/Selection Committee/Appointing Authority :

 

    1. Government Servants under suspension .

    2. Government Servants in respect of whom a charge sheet has been issued and the disciplinary proceedings are pending ; and

    3. Government servants in respect of whom prosecution for a criminal charge is pending.

 

  1. The Departmental promotion Committee/Selection Committee/Appointing Authority shall assess the suitability of the Government servants coming within the purview of the circumstances mentioned in para-2 above, along with other eligible candidates, without taking into consideration the disciplinary case/criminal prosecution pending . Therefore it is made clear that only bare statement that case of an employee in the zone of consideration /extended zone of consideration is covered by any of the three situations indicated in para-2 above is to be furnished to the Departmental promotion committee / Selection Committee / Appointing Authority to enable it to place its recommendations in the sealed cover . No. other details about the pending inquiry or the nature of Charges etc. are to be furnished to the Departmental Promotion committee /Selection Committee/Appointing Authority list these details weigh with the Departmental Promotion Committee/Selection committee /Appointing Authority in making its recommendations, which are to be placed in the sealed cover.

 

  1. Considerable doubts also persist about the furnishing of the vigilance clearance and integrity certificates to the Departmental Promotion Committee /Selection Committee /Appointing Authority . It is clarified that the Departmental promotion committee /Selection Committee/Selection committee is required to consider the cases of all persons who are otherwise eligible in terms of the recruitment Rules as on the relevant crucial date and are in the zone of consideration . If however , case of an employee in the zone of consideration is covered by any of the three situations indicated in para-2 above, only this fact is to be furnished to the Departmental promotion committee/ selection committee or the Appointing Authority as the case may be , so that the recommendations could be placed in sealed cover . Where none of the three situations as indicated in para-2 above has arisen , a simple vigilance clearance would need to be furnished . Vigilance clearance /Status would have no other significance and would not be a factor in deciding the fitness of the Officer/Govt. Servant for promotion on merit.

 

  1. It is also clarified that there is no requirement of furnishing a separate integrity certificate to the Departmental Promotion committee/Selection committee or the appointing Authority . In term of the judgment of the Hon'ble Supreme court in the case of Union of India –vs K.V. Janakiraman etc. (AIR 1991 SC 2010), no promotion can be withheld merely on the basis of suspicion or doubt or where the matter is under preliminary investigation and has no reached the stage of issue of charge sheet etc. If in the matter of corruption /dereliction of duty etc. there is a serious complaint and the matter is still under investigation of C.B.I. or otherwise the Government is within its right to suspend the official , in that case, the officer's/Govt. Servants case for promotion would automatically be required to be placed in the sealed cover.

  2. If the conditions indicated in para-2 above arisen only after the Departmental Promotion Committee /Selection Committee or the Appointing Authority has made its recommendations and therefore,the recommendations could not be placed in the sealed cover, the recommendations of the Departmental promotion Committee/Selection Committee/Appointing Authority shall be deemed to have been placed in the sealed cover and he shall not be promoted until he is exonerated of the charges . Therefore , after the recommendations of the Departmental promotion committee/Selection Committee/Appointing Authority have been approved by the Competent authority, it is necessary to again seek the status position from the concerned vigilance division before issuing promotion order in respect of any officer included in the approved panel of names to ensure that there is no hindrance in issuing the promotion order in respect of the concerned officer /Government Servant.

 

 

 

Sd/

 

 

 

D.N. SAIKIA,

Commissioner & Secy. to the Govt. of Assam,

Personnel (B) Department.

 

 

 

 

Memo No. ABP. 29/2006/38-A, Dated, Dispur, the 9th May/2006.

 

Copy to:-

  1. All Departments of Secretariat, Dispur.

  2. All Heads of Department .

  3. The Accountant General (A&E) Assam, Maidamgaon, Guwahati-29.

  4. The Secretary , Assam Public Service Commission, Khanapara, Guwahati-22

  5. The Secretary to the Governor of Assam, Raj Bhawan, Guwahati-1.

  6. The Chairman, Board of Revenue, Assam, Guwahati-1.

  7. The Chairman, Assam Administrative Tribunal, Guwahati-1.

  8. All Deputy Commissioners .

 

 

 

 

 

By order etc.,

 

 

 

Joint Secretary to the Govt. of Assam,

Personnel (B) Department