The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017.
###### "t&-e;rT{ [- ][tvu ][/ar] Registered No.-768l97

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# THEASSAM GAZETTE

###### q,TKFICI

 EXTRAORDINARY
### stgs\ft<qKdTtfu
I PUBLISHED BY THE AUTHORITY
##### 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.]


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###### -\
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.


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###### 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, -

###### {r) [{Appoilate ][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;

###### (O [*Dopcnilrrrt ]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;


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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
 *aII be [govemed ]by thc [provisions ] [of ][this ] [Act ][and ][the ][nrles ] [to ][be ][prescritrd ][under]
 Dtttwg Siblingr

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] &sndent [PrcotJ]

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:


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###### THE ASSAM GAZETTE, EXTRAORDINARN OCTOBER 27, 2At7 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.

8. If thc Designored Authority considers appropriale, it shall [sanction ][the ][apportioned]

###### Qnntmof 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 applicaion Act ed the relaraot Rulec ther+ undcr, Designated [Arshority ] [may ][reject ][the]
 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.


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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-

###### RighttoAppcal 12. Tho c4qployoe s fhc dependeot W"*taWsS siblings as the cuie may be, 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


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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
Cornmission thisAct.

###### 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.


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###### 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]


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###### THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2017 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

Removal of Chiof 20, &$ject 0o the provisions as stated here in below, the Sale Govcrnrnent may,

i Commissionsr by crder, rsmove from officc &e Chief Commissioner or a Comrnissisler, if the

and

###### Chirf Cornmissiors or a Commissioner, as the case may h,-

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


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4690 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER [27, ][2017] !

(2) Wbsrs on the rcceitr of ttre complaint urder sub section (l), 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.,

(3) The decision of the Commission, as the cass may be, shail [be ][final ]*6 [foiiding ] [on]

###### all conccrned.


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###### THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2077 4691

(4) In its docision, tk Commission has tho power to,-

###### (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]

I succeding month;

(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 ] [.LLme ][specified undcr section ] [7 and ][section ] [15, ][it]

###### 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


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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


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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

actioa trkcfi iD Gorrs@t or an Orgmisation or any authority or my fimrctiouary or aoy ofiicer
###### 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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