The ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017.

"t&-e;rT{ - tvu /ar Registered No.-768l97
qs+{qqd
THEASSAM GAZETTE
q,TKFICI
EXTRAORDINARY
stgs\ft<qKdTtfu
PUBLISHED BY THE AUTHORITYI
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
Pteanble
Shmttitlc,
cxtcut md
cmrnmoG-m#ot
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
obligation of children ftat is integral part cf lndian faurily system, for ages,
md mort of th falnilies ia the StXg, by atrd large, adlrere to the $ame;
AND
whcrter with the emerging modern society, increased
mobility and growtfuof nuclem fanrilies, instances of negligrnce of parents by
their children have, of late, coulc to exist and re-kindling the family values
need easily enforceable norfirs;
AND
IVhercec tbe principles which govsm the pension snd family pension
do aurply expound thet tte family of an employee is thc integral unit to lay
claimover his salary and retir€firent bsnefits. The parents of the employee are
inseparable part of zuch family system;
AND
Whrnem it is expedient to provide for an enforceable
*on*t ty through a certain norms, to bcgrn with, among tbose employees who
do neglect their dcpendent pare,rfs aqd diuyang siblings so that each and every
orrployee would led ag a role model in the society;
AND
lilherees it is expedient to provide for accountability of
employeesofthestateGovcrnrnentorarrj'otherotganisationinthestateof
Agearn in taldng carp of their parents and diuyang siblirgs and in tBlation to
rncters connocted therewith or lncidcntal thmeto;
It is hereby eractcd in the Sixty+ighth Year of the Republic of India as
followsi
l. (1) This Ast may bc callod 'the Assrs Employees' Perst Riponribitity Atrd
Norur for Accoultebility end Monltoring Act, 2017, and in shot may be called
as'1te Ars.n Emptoyoert PRAIYAM Act,2017.
I
z
a
THEASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 4683
(2) It srdr[ds to tlre rrtrole of Assam,
(3) It shall come into forrie, on such date as tlre State Covernment may, by
notification in tho Official Gazette, appoint.
2. In tris Act, urle*s the coutsnt otherwise requires, -
{r) {Appoilate Authority'mcan$ 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$es;
Definitious
4684 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 .\
Emfloyeec,
Rsspomibility,
Rigltr of
DcptrdcstPnrmtg
Dtttwg Siblingr
Responsibility and
cue offtrc
&sndent PrcotJ
diuyr1g sibtings
Rightroftbe
d€pmd€dPrrcntd
DlrryrrgsibHrgpto
scek apportiond
salary
(g) sEuployoe' trlGao$ 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
of this Act
(2) The Statt Governurent may notiff the organisations fturctioning within the
Stato of Assars to ba coverd under this Act. The employeps of such organisation
*aII be govemed by thc provisions of this Act and the nrles to be prescritrd under
this AsL
4. (l) Each enrploy* of the Sute Governrnent is reryonsible to take carc of thc
gatsldiuyongsiblings and any dwiation in this regard drytl be dsalt \ilith under thc
provi*ions of this Act
(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
an rytoyoe, as the c.se may be, rnay apply, in writiltg beforc the Designated
Alfurity nqtifiod under section $ seeking aportiomed salary of the mplo1rce, to be
paid to &em directly by tte Drawiog and Distnrsing Officer on monthly basis from
the salary of the employes:
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,
fiom time to time, by order, an officer or firnctionary of the state Govemment or the
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,
the Designstod Autho,rity shall docide the eligibility of such claim and dispose of dre
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
sal"r, of the employee to his dependent parent# dtvyang siblings within the period of
niwty &ys u* meiltioned in section 7 md issue dirsstions to tho DrawinB and
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
cxercisc quasi-judicial porvers.
I0. If the case is not found to k frt to be'considered rmder the provisiors of the
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.
Dcsigsded
AutbCIrity sxd
Awountebility
Time Psiod
for disposal of
ryplicatim
Qnntmof
Apptrtioncd
Salry and
CeilfuEtts,con
Oe*geatod
Arrthosityto be
quasi-jrdicial
Au&ority
Rejetionof
applicaion
4686 TFIE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 21, 2077 .\.
Right to appcsl
RighttoAppcal
again*or&rs of
tfie Desi$rEd
Autlurity
l l. lf th€ Designabd Authority does not dispoee of the cass within tlre stipulatsd
pcriod of ntwty dsys, ths dppcndent parentsldfvyang sibling or emfloyee ha$ the
right to ryeal before thc AppeUAe Au&ority as pex the prccedrrrc as may be
Fescdbed-
12. Tho c4qployoe s fhc dependeot W"*taWsS siblings as the cuie may be,
aggdwGd ry ec orders of thc Designtred Authority may prcfer m appcal before the
.qpp€llate Authority agains &c orders of thc Designatod Auttrority witldx oru month
ftom tbe datc of roceipt of such order.
Appcllslc
Authorityed
Accoutrbility
Appellatc
Authority to havo
quasi-jdicid
IrolilEr
Time limitfsrths
dispcsal ofrypcal
Comrnnkdon of
thoOrdo$ofth
Appetldte Arrtrority
Rsjmtion ofAppcal
by the Appcltatc
Authority
13. The Sffio Gonernursrf or ths Orgarisdion, as thc cas€ may be, shall by order
noti$ an offioer or functionary of the Srate Crovemment or ths Organisdion as the
casc sry be, .s the Appgllats Ar$hority, in ordcr to consider appeals egrinst the
onders of thc Designatcd Authority disposing an application seeking apportionod
salsry.
14. Tb€ Appellate Authority shaU hear the appeal preferred under ssction 13, try
glving reasonable opportuity of being hcard to both the partics tnd pass such order
as ruay be daemsd necessary. While passiag an order rmder this section, the
Appellase Auhority shall exercise quasi-j udicial pow€rs.
15. Upo,n roceig of rypc*l ftom the aggrieved depcndernt parrnddiryazgsibling
or ernployee concernod, the Appellate Authority shall dacide the appeal wi&in a
p€riod af tlarlt mare that s*ty days from ttre date of recerpt of such application,
16. After hffiriug th appeal if &e Appellare Authority oonsiders it appropriate, it
&all direct {rc Designated Authority, in writing, to sanc'tion a certain mrount of the
apputioned sslary of thc einployce I rncy bc fix6d in his order, to his dcpeudent
pucacs&frryang sihling witb dtr€ct from &e srcceeding monffr of the date cf the
ordcr:
.. Providod that sueh ap'portioncd arnotmt granted shall not arceed lfflo of the
gro$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
*isfisd &at tho Appeal is noC forurd to be fit for considenatiotr as per the rtlevant
provisions of the Act and the Rulcs M there undcr, the Appellate Authority may
TTM ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2OI7 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.
lE, (1) The State Govsmment shall, by notification in the Official Gazetb, con*itrte
a hdy to be known as the fugem $&te Employees PRANAM commission to
eursrcise the powers oonfeired o4 and to perform ttre frmctions assignod to it under
thisAct.
Q, Till ths Commission is coosti$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.
Cm*tttion of
Assam
Ernployccs
PRAI\TAM
Cornmission
\..4688 -. 
THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 2T, .2017
I
TerrsofofEcc
andoonditions
ofscrvicc of
chid
Commissios€r
aod
Comdssioucrs
(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 $ffis Coverffnefit, his mlary in respcct of the service as
the Cbief C,omnrissioner or a Commissioner shall be reduced by &e amoutrt
of ttrat pemion including aoy portion of pension wtrich was comnruted iltd
pe,neion equivalent of othor farms of rstiremsnt benefits excluding pension
equivalcnt of retireine,st grattdty:
Providsd further that where &s Chief Commissioner or &
Cornmissioner rf, *t the time of his appoinmrenl is, in receipt oi retirernent
barefi* in rospeat of any previous ssvice rendered in a Corporarion
19 {l) Thc Chief Commissionm shall hold office for a term of five years from the
dde oa which he entqs upon his office:
Plovid€d that oo Chisf Commission€r shall hold offioe as such aftsr he has
afiaindthc agsof sixty-five yearE.
(2) Every Cqrmissioner shall hold office for a term of fiva pars from the datc ou
uAich he €r*crs rryon his office ortill he attains Xhe age of sixty-five years, v&ichever
is@rlicr:
Ptovidcd trat evcry Commissionerwho lrave not dained the 4ge of sixty 6ve
yearE, sha[ on vaoatiry his offrcc under +his zubsection, bo eligib]e for appointnent
as thc Chisf Corurissioner:
Providcd furftcr ent ultore ths Co,nrmis*iouer is appointed as the
Chi€f Commissiooer, his tonn of offfice shall not be more than five yoars in
aggregate as thc Comrnissioner and the ChiefCommissisner.
(3) thc Chief Commissioner or a Commissioner mayo at any time, by ovritirry under
hishaud addrs$sed to thp Stse GoversnmL re*ign from his office:
Provided that ths Chief Commissioner or a Comrnis$ionef, may be removed
&om his office in the urmner, as specificd under section 20.
THEASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2017 4689
, establishsd by or under any Ccutral Act or Stats Aot or a Govemment
compsriy ovmed or controllod by the Csntral Govcmment or the State
Govarnmqrt his salary in respoct of the service as the Chief Commissioaer or
the Commissioner shall bo rcfucd by the amount of pe,nsion equivalent fo
ttre rEtircrrent benafits:
Providcd also that the salffies, allowancs and other conditions of
sorvice of the Chief Commissioner and ttre Commissiorrcrs slull not bo vffried
' to their disadrantage after their appointnemt
i
Removal of Chiof
Commissionsr
and
Commissionar
20, &$ject 0o the provisions as stated here in below, the Sale Govcrnrnent may,
by crder, rsmove from officc &e Chief Commissioner or a Comrnissisler, if the
Chirf Cornmissiors or a Commissioner, as the case may h,-
(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,$t as is likely to effsst
prejudicially his ftnctions as the Chief Commissioner or'a Commissioner; or
(0 any other rcason that the Statc Govemrnent deem fitand proper.
21,. (1) Subject to the provisions of this Act, it shall be thc duty of the
Cornmission to reccive and irquire into a complaint frorn the pxen$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
Powrrs aud
Ftmstions of the
Cornrriseion
4690 THE ASSAM GAZETTE, EXTRAORDINARY OCTOBER 27, 2017 !
(2) Wbsrs on the rcceitr of ttre complaint urder sub section (l), the Corrunission is
sati$d thaf there are reasonsble grounds to inquire into the matter, it may initiate
an inquiry in r€spsct thereof"
(3) Ths Comrnission shall, whilc iquiring into any matter under this soction, have
tts saure porr€ltr as flle vcstd in a civil court whilc tryins a suit under thc Code of
Civil Procedwc, 1908 (5 of 1908), in rcspect of the following mders, namely:-
(a) summoning and emforcing thc attendanp€ of persons aud compel &ein to
give oral ol writtur evidonce on oath and to produce th documents or things;
(b) requirhg the disco'very and inspection of documcnts;
G) ?eceivkry evidence on affidavit i
. (d) requisitioning any public record or copies thereof from any court or office;
(e) issuing srilrmons for o<amination of witnosses or documents; and any
other mattor which may be prescribed.
(4) Notrrittstanding mythirg inconsistent contained in any ofur law for the time
beiry in force, trc Cornnrission mry, during the inquiry of any complaint uder this
Act, examin€ any recond to wldch &is Act ap,plies which is under the conaoi of the
au*rority, and no such record may be withheld from it on any grounds,
n. (lrThe parentsldtryang sibling wlm, does not receivs a decision from Appellatil
&ilhsrity within tle tims specified in the section 15, or auy employee ot tk parentd
diWang sibling aggricved by a decision of the Apellate authority, as tho ctrts may
be, msy tryitrin sg;ty days ftom the expiry of srrch pedod or fuu the reoeipt of zush a
dpcidon from thc Appcltate Authority prcfer an appeal beforo the Commissioff
Providod that ttr€ Commission may admit the appeal after thc e:tpiry
of the perid of sixty days if it is satisfied tM the appellarrt was prweoted by
sufficient Gilu$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.
Socond Appoal
bcfgrethe
Commissisl
I
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
succeding month;
(c) r$ect tlre appeal, with cogrnt reasons to be recordcd in sEiting acd inlbrm
all coucerned;
(d) any other olde{s as decm fit af,d proper, but not iucoosistemt wit}r the
provisions oftbe Act.
(5) Th€ C,ommission strall give noticp of its decisioq ircluding any riglt of appeal,
to th complainant and the de*ignded or appellate authority.
{6) The Commission shll d*.ide the ap,peal in accotdancc wi& such prro*dure as
maybc prescribed by nrles mde trnderthisAct.
23. Whsre the Commission at g[6 fime of deciding any oonrplaint or appeal is of the
qirion that the Designarcd Authority or Aprpcllate Authority, as ths case may be,
has, rrithout rry rcasonable cause, refirsed to receive an application or bas not
. dispored of the application within the .LLme specified undcr section 7 and section 15, it
mry impose a penalty of oae hundred tupees per day upon such Designated
Authorify or Appellarc Authority as the case may be, till the applicdion is disposed
o4, so however, the total amount of such penal$ sholl aat *ccd twenlyJive
thowar,drupea.
24. (l) Notwithstanding anything contaiaed in this Act and tho rulee rnade there
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
PffidtiEs
Rightto
$ri6drarr
\
,,rrr f,
4692 THEASSAI\4 GAZETTE, EXTRAORDINARY OCTOBER 27, 2017
Pmvided that dre dependent percnts/dfryang sibling shall-,
(a) give it in uniting to that cffect to the Oesignatea Authority, Appellate
Authority or thc Commissio6, as the case Inay be, cloarly stating the rcasons
and changed circ.umstances for urhich helshe has propcsed for with&awal of
the application or appeal or rescird the orders of rpportionmen! as the case
ruEy be.
(b) frrnish an uadertaking ttrat the rcquost has b6€n made with hislher own
decision afld not rmderany drness *om any quafier, and
(c) state the month from urtich such aprportioned salry ordcr shall be
withdranm.
A) If such application is acoepted by tlrc Commistion, Appellde Authority, they
*alt direct th Designated Authority to issue a formal order directing the Drawing
ard Disbursing Officer ts disc$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$r lburce of income for the grantee, wtrich prove
thd ths apportiomsd salary is no msre applicable, tbc employee rnay submit an
applicdion to that cffeet before the llesignated Authority md the latter shall dispose
offu smc withia thbty days from th€ datc of such application, after consideriog the
evidcrce sub'mittcd before him by tte employee and sftcr hecing the grantee
parcmulsiblings abort the new sourw of income starsd to have arisod in rcspect of
hin her.
(4) If thc Desiguted Authority fails to dispose of the application u,ithin the stipul*ed
timc, &c onnployeo ruay file apeGal befora ths Appellate Authority and thueaffsr to
tho Cornmission, vfu may disposc of the appeat in the mannor as provided under this
Act,
25. (1) State Governrnent shall, by notifcation, constifirte a State Level
Monitoring Body to clomly monitor the implcmentation of the provisions of this Act
in order to lessenths hardship to ttre sick and old dependent palrrrfstdtryang siblings'
(2) Tbc Body so constia$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
t
t
Sutc l,trcl
MonioriugBody
THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 27, 2OI7 4693
Poryerto Rennove
Dfficulties
hrotoctiorof
actioa trkcfi iD
gpodfarlh
Barof
Juridiaionof
Courts
Power to make
Rulos
26. If ary diffiorlty ariscs in giving efrect to the provisions of this Act, the SBe
Govsnment may, by an oder, make srch provisions not inconsistent with the
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
Gorrs@t or an Orgmisation or any authority or my fimrctiouary or aoy ofiicer
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
my ordcr made under this Act md no suoh ortler shall be called in question othenryise
than by way of an epeeal under this Act
29. (1) The Statc Gwemmsnt may make rules for carrying out the purpoi'es of
thisAct.
$ 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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