The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017
This Act requires State Government employees, and notified organisations’ employees, to care for dependent parents and divyang siblings, and sets a process for applications, appeals, and salary apportionment.
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Provisions of The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017
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The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017
AI-assisted research summary: This Act requires State Government employees, and notified organisations’ employees, to care for dependent parents and divyang siblings, and sets a process for applications, appeals, and salary apportionment.
"t&-e;rT{ - tvu /ar Registered No.-768l97 qs+{qqd THEASSAM GAZETTE q,TKFICI EXTRAORDINARY stgs\ft<qKdTtfu PUBLISHED BY THE AUTHORITY I fl 619fttt, BEFIR,27qrarfi, 2017, 5 S'G, 1939 CtiF) No. 619 Dispur, Friday, 27th October,201'1,5th Kafiika,1939 (S.E.) GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARIMENT: : : LEGISLAtr.IVE BRA}ICH NOTI['ICATION The 25th October, 2017 No. LGL.2 35t2017 ts.-The following Act of the Assam Legislative Assembly which received the assent ofthe Goveraor on 16th October, 2017 is hereby published for general information. ASSAM ACT NO. )(LItr OF 2017 (Received the assent of the Governor on 16th October, 2017) TITE ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILTTY AND MONITORING ACT, 2017. -\ 4682 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2017 AN ACT to provide for accountability of employees of the State Government or any ofu organisation in the State of Assam in taking cale of their parents and &vryi siblings md in relation to the matters connectcd therewith or incidemtal ftercto. whucao, respcct and service to one's panents is the central Pteanble obligation of children ftat is integral part cf lndian faurily system, for ages, z md mort of th falnilies ia the StXg, by atrd large, adlrere to the $ame; AND whcrter with the emerging modern society, increased mobility and growtfuof nuclem fanrilies, instances of negligrnce of parents by their children have, of late, coulc to exist and re-kindling the family values need easily enforceable norfirs; AND IVhercec tbe principles which govsm the pension snd family pension do aurply expound thet tte family of an employee is thc integral unit to lay claimover his salary and retir€firent bsnefits. The parents of the employee are inseparable part of zuch family system; AND Whrnem it is expedient to provide for an enforceable *on*t ty through a certain norms, to bcgrn with, among tbose employees who do neglect their dcpendent pare,rfs aqd diuyang siblings so that each and every orrployee would led ag a role model in the society; a AND lilherees it is expedient to provide for accountability of employeesofthestateGovcrnrnentorarrj'otherotganisationinthestateof Agearn in taldng carp of their parents and diuyang siblirgs and in tBlation to rncters connocted therewith or lncidcntal thmeto; It is hereby eractcd in the Sixty+ighth Year of the Republic of India as followsi l. (1) This Ast may bc callod 'the Assrs Employees' Perst Riponribitity Atrd Shmttitlc, cxtcut md Norur for Accoultebility end Monltoring Act, 2017, and in shot may be called cmrnmoG-m#ot as'1te Ars.n Emptoyoert PRAIYAM Act,2017. I 2017 THEASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 4683 (2) It srdr[ds to tlre rrtrole of Assam, (3) It shall come into forrie, on such date as tlre State Covernment may, by notification in tho Official Gazette, appoint. Definitious 2. In tris Act, urle*s the coutsnt otherwise requires, - {Appoilate {r) Authority'mcan$ an of,ficer or functiomry of tbe State Government rx Organisatioq as the oase may be, or such of,Ecer or firnctionary, superior to the Dcsign*ed Authority in rark and post, ss may from time to tine be notified under wtion 13, as such by an order by thc Sfite Government or by &e Organisation for tbc purpom of the Art, ia oder to admit appeals against the oriders of the Dinigndd Auttrority as provided in the Act; (}} *Apportioned Saleryt tneans the arrrount of the salary of the employee, grmted by designared autlrority or appellate authority, that he/she should part with the de@ent pmeuts/diryaag sibl ings; (c)6Commission" means Assam Employees PRANAM Conrrrission constituted and rptified rurder secilion tB of the Act or the Assam Administrative Tribunal till the Comoission is notiEed; *Dopcnilrrrt (O Divyung Sibling- means a "person wtth disabilif ' or atf,"person with dinqbil$ havins high nppon tueds" as defined rmder the section 2 {s) and 2 {t) of Ttre Righr of Percons with Disability Act, 2016 {No. 49 of 2016} aotifiod by the Cfifial Government and wtro is an unmardod sibling (brother/sistcr) of an employee ad do not have adequaile income of their own to support their livelihood; (e) *Ilependcnt Prrmtc' means the ruottrer/father or bortt ed dependent on his/her/thir son/daugktor bocause such parents do not have adequac source of ime oftheir onm; (D "Dwigneited Author{ty' means an offi.ccr or. fimctionary of the Stfite Government or thc Organisation, as the case may bc, or such officcr or fimcfionary, not below the level of Drawing and Disbursing Authority, as may tom time to time be notified mdcr section 6 as such by an order by the State Governnrent or by an Orgamisation fot tbe purpo$es; .\ 4684 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 (g) sEuployoe' trlGao$ any persouncl appointed by and un&r ihe control of the SteE Crovernment and draw his/her salryy fiom consoliddod fimd of the SAte though Crsrrcrment's treasrry or appoiated by any organisation firnctioning in the State of Asssm as may be notified rmd€r section 3 (2); ft) 'tlrgenisrtion, means an Orgmisation frmctioniry in ttrc $tate of Assarrr and notifiod by thi State Government u$der section 3 (2), to bc covefd under thc Act; (i)'?rsccribcd'meas$ prcscribed by nrles made under this Acq O.t5trtu Lcvol Monitoring 3ody" mcans the Body to be constituted under section 25(l) to review and monitor the imple,mcnation of vrious provisions of the Act; (k)'St*te Govcrnment'mea[$ the Government of Assam' 3. (t) Alt the employees of thp Statc Govermnent shall be governed by thc provisions Emfloyeec, of this Act Rsspomibility, (2) The Statt Governurent may notiff the organisations fturctioning within the Rigltr of Stato of Assars to ba coverd under this Act. The employeps of such organisation DcptrdcstPnrmtg Dtttwg Siblingr *aII be govemed by thc provisions of this Act and the nrles to be prescritrd under this AsL Responsibility and 4. (l) Each enrploy* of the Sute Governrnent is reryonsible to take carc of thc cue offtrc gatsldiuyongsiblings and any dwiation in this regard drytl be dsalt \ilith under thc PrcotJ &sndent provi*ions of this Act diuyr1g sibtings (2) Ihe rslevant Conduct Rules of the empluyeee of tlre State Govemment or an Orgroisation shall be arnendod to include the above, wiftin six mofihs from the ddc of commenoesrent of this Act or otherwisc the Coaduct Rulcs applicable to the respectine catcgories of the employces deaaed to havc bcsn arrendod after six monlhs from the date of comruenceml ofthis Act. S. (l) Bo& or either of tte dcpendent pnrcnts or depeirdent dtuyary sibiings of Rightroftbe d€pmd€dPrrcntd an rytoyoe, as the c.se may be, rnay apply, in writiltg beforc the Designated DlrryrrgsibHrgpto Alfurity nqtifiod under section $ seeking aportiomed salary of the mplo1rce, to be scek apportiond paid to &em directly by tte Drawiog and Distnrsing Officer on monthly basis from salary the salary of the employes: 2At7 THE ASSAM GAZETTE, EXTRAORDINARN OCTOBER 27, 4685 Provided that srph dopemdent sibtings' yinu facie, cstablish th* they do not havc adcquate sourcc of income to mlintain their Iivelihood in a dig3ificd millner and they arp in rped of finarcipl support from the employee: (2) Srrch ryplicatior ofthe de,pendcnt pents/dtvyang sibling should cleady state ihe persouat mmthly income &om all souroes of the parents and the nahre of support, filrulcial arrd otherwise, which hEs b6en presently givento them by &e employee' 6. The Std€ Goverumat or the Organisation, as the casc may be, shall notifo, Dcsigsded AutbCIrity sxd fiom time to time, by order, an officer or firnctionary of the state Govemment or the Awountebility Orgaoirarfion, as the oase rnay be, as the Designated Autrority for the purposes of considering the ap'plicafions rcceived from the aggrieved dependeat parents/dfryang siblings seeking appo*ioaod salary of an employee. 7. Upon receipt of zuch application fiom the dependelrt pwenHdiuyang sibling, Time Psiod for disposal of the Designstod Autho,rity shall docide the eligibility of such claim and dispose of dre ryplicatim ap'plicatior withh a period of not more than ninety days fiom the date of receipt of srrch application, after Sving tlre applicant and the employee concemed a reasonable opporttmity of being heard. Qnntmof 8. If thc Designored Authority considers appropriale, it shall sanction the apportioned Apptrtioncd sal"r, of the employee to his dependent parent# dtvyang siblings within the period of Salry and niwty &ys u* meiltioned in section 7 md issue dirsstions to tho DrawinB and CeilfuEtts,con Disburwment Offioer concerned clearly stating the apportioned aorount to be paid on monthly ba.sis directty to the dependenr parenB *'ith effect from the strcceeding rnonth of the datc ofthe ordsr: Provided that such apportior*d amount shall not exceed 10olo of the monthly grms salary beins paid to tho employec except in exceptional cases only where it msy go upto I57o of thp monthly gross salary. 9. Thc designated authority, whilc hearing an application rmder section 7 shall Oe*geatod Arrthosityto be cxercisc quasi-judicial porvers. quasi-jrdicial Au&ority I0. If the case is not found to k frt to be'considered rmder the provisiors of the Rejetionof Act ed the relaraot Rulec ther+ undcr, Designated Arshority may reject the applicaion ryflication within the stipulated pedod of ninety days bringing out cogent rcasons tlrereo{, in &e form of speaking orde,f, with due intimdion, in uniting to ali ooncerncd. .\. 4686 TFIE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 21, 2077 l l. lf th€ Designabd Authority does not dispoee of the cass within tlre stipulatsd Right to appcsl pcriod of ntwty dsys, ths dppcndent parentsldfvyang sibling or emfloyee ha$ the right to ryeal before thc AppeUAe Au&ority as pex the prccedrrrc as may be Fescdbed- s 12. Tho c4qployoe fhc dependeot W"*taWsS siblings as the cuie may be, RighttoAppcal again*or&rs of aggdwGd ry ec orders of thc Designtred Authority may prcfer m appcal before the tfie Desi$rEd .qpp€llate Authority agains &c orders of thc Designatod Auttrority witldx oru month Autlurity ftom tbe datc of roceipt of such order. 13. The Sffio Gonernursrf or ths Orgarisdion, as thc cas€ may be, shall by order Appcllslc Authorityed noti$ an offioer or functionary of the Srate Crovemment or ths Organisdion as the Accoutrbility casc sry be, .s the Appgllats Ar$hority, in ordcr to consider appeals egrinst the onders of thc Designatcd Authority disposing an application seeking apportionod salsry. 14. Tb€ Appellate Authority shaU hear the appeal preferred under ssction 13, try Appellatc Authority to havo glving reasonable opportuity of being hcard to both the partics tnd pass such order quasi-jdicid as ruay be daemsd necessary. While passiag an order rmder this section, the IrolilEr Appellase Auhority shall exercise quasi-j udicial pow€rs. Time limitfsrths 15. Upo,n roceig of rypc*l ftom the aggrieved depcndernt parrnddiryazgsibling dispcsal ofrypcal or ernployee concernod, the Appellate Authority shall dacide the appeal wi&in a p€riod af tlarlt mare that s*ty days from ttre date of recerpt of such application, 16. After hffiriug th appeal if &e Appellare Authority oonsiders it appropriate, it Comrnnkdon of thoOrdo$ofth &all direct {rc Designated Authority, in writing, to sanc'tion a certain mrount of the Appetldte Arrtrority apputioned sslary of thc einployce I rncy bc fix6d in his order, to his dcpeudent pucacs&frryang sihling witb dtr€ct from &e srcceeding monffr of the date cf the ordcr: .. Providod that sueh ap'portioncd arnotmt granted shall not arceed lfflo of the gro$B talary being paid to the enaployee except in errceptioral'cases only uihenn it Eay go up to 15% of the rnon&ly Sgss salry. 17. If after corsid€f,ation of all tlre nglevant fach, the Appellate Artircrity is Rsjmtion ofAppcal by the Appcltatc *isfisd &at tho Appeal is noC forurd to be fit for considenatiotr as per the rtlevant Authority provisions of the Act and the Rulcs M there undcr, the Appellate Authority may 2OI7 TTM ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 4687 rcjoct the appeal, u,itdn the stifulatsd period of srxty fuys clextrly stating the cogent rcalnns ttsreof, with a clear ryeaking orders, with due intimatioar, in ffiitisg, to au pomccrned. Cm*tttion of lE, (1) The State Govsmment shall, by notification in the Official Gazetb, con*itrte Assam a hdy to be known as the fugem $&te Employees PRANAM commission to Ernployccs eursrcise the powers oonfeired o4 and to perform ttre frmctions assignod to it under PRAI\TAM thisAct. Cornmission Q, Till ths Commission is coosti$ted, Assam Administrative Tribunal shall exencisc the powers and fimctions of the Commission under this Act with sffect from such datc as the State Govsrrment may aoti$ in ihis behalf in flre offrcial Gazette. ' (3) Tha Arsam $tete Employm PRANAIII Commtusbn shall consist o4- (a) Chief Commissioner, and ft) Commissioners, not exceeding fiilo, as may be deemed necessary. (4) The Chief Commissioner and the Commissioners shall be appointed by the State Governnrent by notification from time to time, from among the persons possessing &E qualificatior and experience as mentioned in suhsections (6) afld (?) respestiYsly (5) The general superintendurce, directicn and managemeut of the affairs of the Commission shall vest in tbe Chief Commissioner who shall be assistd by the Comrissioners and may exercise all such pou/ers and do aII such arts and rhings which may be exercised or done by the Cornnrission autonomously wittrout being urbjected to dir,ections by any other arrthority urderthis Act. (6) The Chief Comnrissiouer shall be appointed from amongst the persons who has wor*ed in the State Governrnent of Assam not lowpr in rauk than that of an Afiitional Chief Secretary 0) The Commissioners shatl be pcrsoru with wide knowledge and experience in law, social service, adminisration and governance or mugt have worked under the Stme Crovernrnent not lowrr in rauk than that of a Commissioner and Secremry to ttre Govemment of Assrn. (S) l}e headquartsrs of the Cornrnission shall be at such place in the Sure as the Stde Governmelrt may, by notification in the Official Oazette, specift: . hovi& that the Commission rqsli estaUlish zuch number of office or offrces in such ottcr pllre / places in the state, wi& the prcvious approval of the State Ouvcrnln€nt. \.. 4688 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 2T, -. .2017 I TerrsofofEcc 19 {l) Thc Chief Commissionm shall hold office for a term of five years from the andoonditions ofscrvicc of dde oa which he entqs upon his office: chid Plovid€d that oo Chisf Commission€r shall hold offioe as such aftsr he has Commissios€r afiaindthc agsof sixty-five yearE. aod Comdssioucrs (2) Every Cqrmissioner shall hold office for a term of fiva pars from the datc ou uAich he €r*crs rryon his office ortill he attains Xhe age of sixty-five years, v&ichever is@rlicr: Ptovidcd trat evcry Commissionerwho lrave not dained the 4ge of sixty 6ve yearE, sha[ on vaoatiry his offrcc under +his zubsection, bo eligib]e for appointnent as thc Chisf Corurissioner: Providcd furftcr ent ultore ths Co,nrmis*iouer is appointed as the Chi€f Commissiooer, his tonn of offfice shall not be more than five yoars in aggregate as thc Comrnissioner and the ChiefCommissisner. (3) thc Chief Commissioner or a Commissioner mayo at any time, by ovritirry under hishaud addrs$sed to thp Stse GoversnmL re*ign from his office: Provided that ths Chief Commissioner or a Comrnis$ionef, may be removed &om his office in the urmner, as specificd under section 20. (4) The calaries and allowances payable to and o&er terms aud conditions of s€rvlos of,- (a) the Chief Commissiomr $hell be the same as that of nat less tluan an Additional Chi*f Secretary of thc State Sovemmenq, {b) thc Commissioner sball be the sarrre as that of not }ess tLan Commiseioner md Seoruary oftlre $tate Covernmenti Providgd that if the Chief Commissioncr or * Commissisrsr, at the tire of his rypointnmt is, in receipt of a pension, ofher than a disabilify or rrourd pension, in respect of any previous service under the Central Oovemment or the $ffis Coverffnefit, his mlary in respcct of the service as the Cbief C,omnrissioner or a Commissioner shall be reduced by &e amoutrt of ttrat pemion including aoy portion of pension wtrich was comnruted iltd pe,neion equivalent of othor farms of rstiremsnt benefits excluding pension equivalcnt of retireine,st grattdty: Providsd further that where &s Chief Commissioner or & Cornmissioner rf, *t the time of his appoinmrenl is, in receipt oi retirernent barefi* in rospeat of any previous ssvice rendered in a Corporarion 2017 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 4689 , establishsd by or under any Ccutral Act or Stats Aot or a Govemment compsriy ovmed or controllod by the Csntral Govcmment or the State Govarnmqrt his salary in respoct of the service as the Chief Commissioaer or the Commissioner shall bo rcfucd by the amount of pe,nsion equivalent fo ttre rEtircrrent benafits: Providcd also that the salffies, allowancs and other conditions of sorvice of the Chief Commissioner and ttre Commissiorrcrs slull not bo vffried ' to their disadrantage after their appointnemt 20, Removal of Chiof &$ject 0o the provisions as stated here in below, the Sale Govcrnrnent may, Commissionsr by crder, rsmove from officc &e Chief Commissioner or a Comrnissisler, if the i and h,- Chirf Cornmissiors or a Commissioner, as the case may Commissionar (a) is adjudged En insolvenrt or (b) has been convicted of an offence whic,h, in the opinion of tbe State Governmon! involves moral turpitnde; or (c) e'ngages druing his term of office iu any paid employment outside the duties ofhis office; or (d) is, in the opinion of the State Governmenl, unfit to continue in office by t€ason of inlirmity of mind or body; or (e) has acquird such finarcial or other intere,$t as is likely to effsst prejudicially his ftnctions as the Chief Commissioner or'a Commissioner; or (0 any other rcason that the Statc Govemrnent deem fitand proper. Powrrs aud 21,. (1) Subject to the provisions of this Act, it shall be thc duty of the Ftmstions of the Cornrriseion Cornmission to reccive and irquire into a complaint frorn the pxen$diuyangsiblings of m employffi,- (a) wbo has bc'en unable to submit an application or appe*l beforc Designated Autlrority or flre Appcllate Authority, ris tre case may be, either by reasou that there is no sr:ch officer for the time being either appointed or fiurctioning under &is Aa, or because the Designated Authotity or the Appellate Authority, as the case may be, has reftsed to accept his or her application or appeal under this Act; (tr) v-,ho has not been given a response to en. application for sanctioning apportioned sal*ry of an ernployee within the time lirnit specified rmder this Ace ! 4690 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 (l), (2) Wbsrs on the rcceitr of ttre complaint urder sub section the Corrunission is sati$d thaf there are reasonsble grounds to inquire into the matter, it may initiate an inquiry in r€spsct thereof" (3) Ths Comrnission shall, whilc iquiring into any matter under this soction, have tts saure porr€ltr as flle vcstd in a civil court whilc tryins a suit under thc Code of Civil Procedwc, 1908 (5 of 1908), in rcspect of the following mders, namely:- (a) summoning and emforcing thc attendanp€ of persons aud compel &ein to give oral ol writtur evidonce on oath and to produce th documents or things; (b) requirhg the disco'very and inspection of documcnts; G) ?eceivkry evidence on affidavit i (d) requisitioning any public record or copies thereof from any court or office; . (e) issuing srilrmons for o<amination of witnosses or documents; and any other mattor which may be prescribed. (4) Notrrittstanding mythirg inconsistent contained in any ofur law for the time beiry in force, trc Cornnrission mry, during the inquiry of any complaint uder this Act, examin€ any recond to wldch &is Act ap,plies which is under the conaoi of the au*rority, and no such record may be withheld from it on any grounds, n. (lrThe parentsldtryang sibling wlm, does not receivs a decision from Appellatil Socond Appoal bcfgrethe &ilhsrity within tle tims specified in the section 15, or auy employee ot tk parentd Commissisl diWang sibling aggricved by a decision of the Apellate authority, as tho ctrts may be, msy tryitrin sg;ty days ftom the expiry of srrch pedod or fuu the reoeipt of zush a dpcidon from thc Appcltate Authority prcfer an appeal beforo the Commissioff Providod that ttr€ Commission may admit the appeal after thc e:tpiry of the perid of sixty days if it is satisfied tM the appellarrt was prweoted by sufficient Gilu$e &om filing the rypcat in time. (2) A$ afpcat under this section shall be disposed of by the Conunission v-'ithin ttitpty drys of the reccipt of th rypast or within such sxtexdod period not exceeding a total af otp kfrr*:ed twst ty dtys frorr the date of filing thereof, as the case may be, for reasons to be rtcorded i$ tniliting., *6 (3) The decision of the Commission, as the cass may be, shail be final foiiding on all conccrned. 2077 THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 4691 tk to,- (4) In its docision, Commission has tho power (a) require the designated authority or appellate authority to tahe any such st€ps ffi may be nwessmy to sscutE oo-rnpliance with the provisions of this Act and iffIpots any of the penaltiec provide.d under this Acq O) grmt the frnount of apportiond salary of an eurployce to the dependent prufildiuyang sibling not exceding l$/a of the Sfos$ salary being paid to the eotployee excopt i$ eircepional cmes only where it may go up'to 15% af thc montlly gloss salary, with a diresticn to &e Dcsignated Authority to ., sanstion the amount and cause paymcNil of the appo*ionod salary througlr the Drawing and Disbusing officer directty to the grontee with offGct from the succeding month; I (c) r$ect tlre appeal, with cogrnt reasons to be recordcd in sEiting acd inlbrm all coucerned; (d) any other olde{s as decm fit af,d proper, but not iucoosistemt wit}r the provisions oftbe Act. (5) Th€ C,ommission strall give noticp of its decisioq ircluding any riglt of appeal, to th complainant and the de*ignded or appellate authority. {6) The Commission shll d*.ide the ap,peal in accotdancc wi& such prro*dure as maybc prescribed by nrles mde trnderthisAct. 23. Whsre the Commission at g[6 fime of deciding any oonrplaint or appeal is of the PffidtiEs qirion that the Designarcd Authority or Aprpcllate Authority, as ths case may be, has, rrithout rry rcasonable cause, refirsed to receive an application or bas not dispored of the application within the specified undcr section 7 and section 15, it . .LLme mry impose a penalty of oae hundred tupees per day upon such Designated Authorify or Appellarc Authority as the case may be, till the applicdion is disposed o4, so however, the total amount of such penal$ sholl aat *ccd twenlyJive thowar,drupea. Rightto 24. (l) Notwithstanding anything contaiaed in this Act and tho rulee rnade there $ri6drarr urdcr, ihe dependent preatsldivymg siblirqgs may withdraw ttreirapplioation, appeal or serk to rescind the orders ofapportionnrent" at any stage, before or at thc tirne of hcring or,a{ler an order of apportionment is passal, or during the continuance of pa).mei* of the apportioned salary to them, before the Designated Authotity or the Apellate Authority or the Commissiou \ 4692 THEASSAI\4 GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 ,,rrr f, Pmvided that dre dependent percnts/dfryang sibling shall-, (a) give it in uniting to that cffect to the Oesignatea Authority, Appellate Authority or thc Commissio6, as the case Inay be, cloarly stating the rcasons and changed circ.umstances for urhich helshe has propcsed for with&awal of the application or appeal or rescird the orders of rpportionmen! as the case ruEy be. (b) frrnish an uadertaking ttrat the rcquost has b6€n made with hislher own decision afld not rmderany drness *om any quafier, and (c) state the month from urtich such aprportioned salry ordcr shall be withdranm. t A) If such application is acoepted by tlrc Commistion, Appellde Authority, they *alt direct th Designated Authority to issue a formal order directing the Drawing ard Disbursing Officer ts disc$nfiarc the apportioarsd salary to tbp grantee parcntdsiblings with effect from the suoceediag month of such order asd if such applicdion lies before the Designatcd Authority, tp shall also do so as provided here under. (3) In the ev6nt of circumstances, sush as, the deaft of the grantce parcnts/siblings or arsing of any re$r lburce of income for the grantee, wtrich prove thd ths apportiomsd salary is no msre applicable, tbc employee rnay submit an applicdion to that cffeet before the llesignated Authority md the latter shall dispose offu smc withia thbty days from th€ datc of such application, after consideriog the evidcrce sub'mittcd before him by tte employee and sftcr hecing the grantee parcmulsiblings abort the new sourw of income starsd to have arisod in rcspect of hin her. (4) If thc Desiguted Authority fails to dispose of the application u,ithin the stipul*ed timc, &c onnployeo ruay file apeGal befora ths Appellate Authority and thueaffsr to tho Cornmission, vfu may disposc of the appeat in the mannor as provided under this t Act, Sutc l,trcl 25. (1) State Governrnent shall, by notifcation, constifirte a State Level MonioriugBody Monitoring Body to clomly monitor the implcmentation of the provisions of this Act in order to lessenths hardship to ttre sick and old dependent palrrrfstdtryang siblings' (2) Tbc Body so constia$ed shall also keep in mind and grive to widen &c impact of the Acf to reinforce the basic morality and family velucs arnong the crnployees md thereby, advancc thc influenoe of suctr values in the Society at large, beyond the employees of ihc Goveanmenfi THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2OI7 4693 26. If ary diffiorlty ariscs in giving efrect to the provisions of this Act, the SBe Poryerto Rennove Govsnment may, by an oder, make srch provisions not inconsistent with the Dfficulties povisions ofthis Act and the rule made thereunder and as may appear to *rem to be Eocossaly or ocpedie'nt for removing the difficulry. 27. No nrit, plosecution or other logal proc€ading sha[ lie against the Stare hrotoctiorof Gorrs@t or an Orgmisation or any authority or my fimrctiouary or aoy ofiicer actioa trkcfi iD gpodfarlh thcrcof or any person for anything which is done in good faith or intended to be done in prnrtrance of this Act or the nrles madc thereunder. 28. No court shall entertain any suit, application or other poceoding in respec* of Barof \ Juridiaionof my ordcr made under this Act md no suoh ortler shall be called in question othenryise Courts than by way of an epeeal under this Act 29. (1) The Statc Gwemmsnt may make rules for carrying out the purpoi'es of Power to make thisAct. Rulos $ In particular, and without prejudice to the generality of the foregoing powsrs, srrch nrles may provide for all or any of the matters including the procedure to be followed by various authorities involved ia implementation ofthe Act. (3) AII rules made by tbe State Government under this Act shall, as soon as may be after tlrey are made, be laid beforc the Assam L*gislativc Asseanbly, u*rile it is in session, for a total p€riod of not less than fourteen days which may bc comprised on one session or two or more srrccessive sessions, md shall, unless some ldEr date is appointed, take effcct fiom the date of their publication in the Official Oazefie subject to such modifiqations or annulments as the Assam l.egislative Assernbly may, during the said pcriod agr€es to make, so however, that any such modification or annulment shell De.. without prcjudice to the ualidity of anything pneviously done th€rc undet. a S. M. BUZAR BARUAH, Commissioner & Secretary to the Government ofAssam, Legislative DeparEnent, Dispur. Guwahati ;- Printed and Published by the Dy. Director (P & S), Directorate of kinting & Stationery, Assam, Guwahati-2l . Extraordinary Gazxtte No. 1237 - 350 + 10 -27 - 10 -2017. (visit at- www.dpns.assam.gov.in)
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The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017
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