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Section 5

The Assam Local Self-Government Fiscal Responsibility Act, 2011State Act of Assam · Act 20 of 2011

(1 ) The Local Self-Go vernme nt shall take suitable measures to ensure greater transpa rency in its fisca l operati on and in the preparation o f the annual budget . For thi s purp ose every Local Self-Government shall ensure prep arati on and finaliz ation of an nua l’budget for each financ ial y ear com mencing from 1st April and en ding o n 3 1st March.

(2 ) Prov ision shall b e ma de fo r meetings at su ch i ntervals and»with citizen forum s as may be pr escri bed t o revie w th e operations and finances off the L ocal Self-Governmen t.

(3 ) In particu lar, and without preju dice to the genera lity o f the foregoing provis ions, Local Self-Go vernme nt shall, a t the time o f presentation o f the annual budget , disclose in a statem ent in such form as may be presc ribed , - (a ) signif icant changes in the accoun ting standard s, policies and practic es affecting or likely to affec t the computat ion of fiscal indicators;

(b ) as far as practicab le and consist ent with protect ion of public intere st, th e co ntingent liabil ities created by way o f guarantees an d the actua l liabili ties a rising o ut o f execution o f works b y external agencies whe re liabi lity fo r repaym ent is on the Lo cal Self-Government;

(4 ) The State Govern ment shall ensure tha t such conting ent liabilities are commu nicated to th e con cerned L ocal Self-Gov ernment so that it shall mak e suffic ient prov ision in its budget .

6. With a view to ensurin g time ly dischar ge o f current liabilitie s special ly paym ent o f salaries t o th e emp loyees, -

(i) the Local Self-Gove rnment shall give appoin tment only against posts sanction ed by the State Govern ment and is vac ant and also with laid down rules, procedur es an d orders;

(ii ) No new pos t shall be created withou t the prior concurrence of t he State Government;

(ii i) the Local Self-Gove rnment s hall n ot ma ke m ore than one appoint ment against one vaca nt post and shall not mak e appointm ent on leave vacancy and vacan cy aga inst s uspended employee;

(iv ) the letter of ap pointm ent against any vaca nt post shall contain the identit y o f the post in the m anner as ma y be prescribed;

THE AS SA M GA ZE TT E. EXT RAORDIN ARY. SE PT EM BE R 6. 20 11 19 95 (v ) the select list prepared for fresh appointment against vacant post or pos ts shall contain names o f persons equal to the numb er of vacant posts notif ied at t he time o f cal ling for applications for filling up t he posts;

(v i) the Local Self-Government shall not regularize or upgrade any per son again st vac ant pos t without the sanction o f the State Government;

(v ii) before awarding for execut ion of any w ork and rendering any supply of mater ials and services which create liability on the Local Self- Government, the authorities of the Local Self-Government exercising delega ted financial power shall firs t issue ad m in is t r a t iv e approval or financia l sanction for the wo rk or the orde r o f supply a s th e case may be, in compliance with the existi ng rules , procedures and guidelines and furthe r rules, proced ures and guidelines tha t may be prescribed from time to time;

(vi ii) before awarding the settlem ent of Ha ts, Markets, Fisheries , Ghats or any othe r facility of the Local Self-G overnm ent for revenue earning the laid down rules, procedures and guidelines and further rules, procedure s and guidelines tha t may be prescribed from time to time, shall b e followed;

(i x ) the Local Self-Government shall main tain a regis ter of assets and liabil ities and all documents year wise , as prescr ibed under the concerned Acts and the ru les framed thereunde r.

M easu re to 7. ( 1 ) The State Government Aud it (Loc al Fun d) shall enforce compliance enf orce with the provisions o f this Ac t and the ru les m ade t hereunder, com plia nce to (2 ) The State Governm ent Aud it (Loc al Fun d) may oversee the this Act compliance and a suitable mech anism may be notified by the State Government regarding the submission of period ical rev iew reports.

(3 ) The State Governm ent shall ensure tha t the Local Self-Government shall comply with the prov ision s o f the releva nt Ac t and the rules relating to budget and the budg et p repar ed is in accordan ce with the Medium Term Fiscal P lan alrea dy approved and variations, if any, are explaine d.

(4 ) The L ocal Self-Government shall p repare a budget variance report and submit it to the Controlling Authority with in such time and in such* , form as may be prescribed.

(5 ) The Local Self-Government shall prep are receip ts and payments accoun t, income and expend iture accoun t and a balance sheet as may he prescribed.

(6 ) Aud it o f accounts o f the Local Se lf-Gove rnment shall be conducted by the audit or appointed under th e relevan t Acts an d the R ules and orders , issue d thereunder by the concerned author ity and the report shall be subm itted to the concerne d authori ties w ithin the time st ipulated.

(7 ) The Controlling Author ities shall b e respo nsible to ens ure st rict follow up actio n on the audit reports by the Loc al Self-Government and slackness, if any, notice d i n this beh alf shall be reporte d to the State Government for appropriate ac tion against the Local Self-Government in default.

(8 ) The State Government may, by notification, constitu te a Local Self- Government Fund Aud it Overseeing Autho rity comprising of such officers and having such powers as may he specified in the notification. The Local Self-Go vernme nt Fund Audit Overseeing Authority shall submit to the State Govern ment periodical report on compliance to audit reports by the Local Self-Government authority, as m ay b e prescribed.

(9 ) The Assam Legislati ve Assem bly may by notification, constitu te a Local Self-Government Fund Accou nts Committee with similar powers and functions as tha t o f Public Accou nts Committee o f the Assam Legis lative Assem bly to oversee the outstanding audit ‘paras relating to non-compliance o f this Act.

(1 0 ) The State Government may withh old release of fu nds to any local self-government authority which fails to furnish accounts to the concerned authority within six month s from the end o f the financia l year.

1996 _ TH E ASS AM GA ZETTE. EXT RAO RDINAR Y, SEPlEJVJLBttKO. z u n

(11) The Local Self-Government shall introduce and strengthen , appropria te internal audit measures and sustainab le computer ization programme us ing appropriate technology.

FabUcation of financial document and annual report Offences and Penalties Power to make rules

Where this provision sits

ActThe Assam Local Self-Government Fiscal Responsibility Act, 2011
Section5
JurisdictionState of Assam
StatusIn force as published by the source

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