The Assam Mobility of Employees of State Government and other Establishment (for Optimum Utilization of Available Manpower for Efficiency) Act, 2023

Short title, extent and commencement.-

1. (1) This Act may be called the Assam Mobility of Employees of State Government and other Establishment (for Optimum Utilization of Available Manpower for Efficiency) Act, 2023.
2. (2) It extends to the whole of Assam.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) “Competent Authority” means such authority as may be prescribed by the State Government for the purpose of this Act;
2. (b) “Employee” means any person serving in connection with the affairs of the State Government, or any State Government undertaking, body, authority, or institution established or constituted by or under any State Act or any other establishment which receives grant-in-aid or fund from the State Government;
3. (c) “Establishment” means any State Government Department, undertaking, body, authority, board, corporation, commission, or any institution established or constituted by or under any State Act or any other establishment which receives grant-in-aid or fund from the State Government;
4. (d) “Mobility” means transfer of an employee from one Establishment to another Establishment or from one post to another post within the same Establishment or between different Establishments as defined in this Act, either on deputation, or on transfer on public interest, and includes any other arrangement deemed fit by the Government for optimum utilization of human resources;
5. (e) “Prescribed” means prescribed by rules made under this Act;
6. (f) “Receiving Establishment” means the Establishment to which an employee is moved under the provisions of this Act;
7. (g) “Sponsoring Establishment” means the Establishment from which an employee is moved under the provisions of this Act;
8. (h) “State Government” means the Government of Assam.

Power to transfer

1. (1) Notwithstanding anything contained in any law, service rules, guidelines or executive instructions for the time being in force, the State Government may, in public interest, transfer any employee from one establishment to another establishment: Provided that such transfer shall be primarily for the purpose of optimum utilization of available manpower and to enhance efficiency in the functioning of the receiving establishment.
2. (2) The power to transfer under this Act shall be exercised by the State Government through a Department or an Authority, as may be notified by the Government in this behalf.

Terms and conditions of mobility

1. (1) The scale of pay, seniority and other service benefits of an employee transferred under this Act shall be protected and shall not be adversely affected due to such transfer.
2. (2) The terms and conditions of service of an employee transferred under this Act, including those relating to pay and allowances, shall be such as may be prescribed: Provided that the employee so transferred shall continue to be governed by the service rules applicable to him in his parent establishment, in respect of matters not specifically provided for under this Act.

("Protection of pay and other benefits")

1. (1) An employee transferred to a Receiving Establishment under this Act shall be entitled to the protection of his pay and other service benefits as admissible in his parent Establishment.
2. (2) The period of service rendered by an employee in his parent Establishment shall be counted for the purpose of seniority, promotion, pension, leave and all other service benefits in the Receiving Establishment.

("Seniority")

1. (1) The inter-se seniority of the employees transferred to a Receiving Establishment shall be determined in such manner as may be prescribed: Provided that the seniority of an employee in the grade or cadre of the Receiving Establishment shall be determined by taking into account the continuous service rendered by him in the equivalent grade or cadre in the parent Establishment.
2. (2) Notwithstanding anything contained in sub-section (1), the Government may, by notification, issue such guidelines as it deems necessary to regulate the seniority of the employees transferred under this Act.

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by general or special order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for the removal of the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Act.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the Assam Legislative Assembly.

1. (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act.
2. (2) Every rule made by the State Government under this Act 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 or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the Assam Legislative Assembly agrees in making any modification in the rule or the Assam Legislative Assembly agrees 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.

-1 9.

1. (1) The Assam Mobility of Employees of State Government and other Establishment (for Optimum Utilization of Available Manpower for Efficiency) Ordinance, 2023 is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken under the Ordinance so repealed shall be deemed to have been done or taken under the corresponding provisions of this Act.