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

{
    "id": 157,
    "slug": "assam-employees-parent-responsibility-and-norms-for-accountability-and-monitoring-act-2017",
    "title": "THE ASSAM EMPLOYEES' PARENT RESPONSIBILITY AND NORMS FOR ACCOUNTABILITY AND MONITORING ACT, 2017.",
    "short_title": "The Assam Employees' Parent Responsibility And Norms for Accountability and Monitoring Act, 2017",
    "act_number": "XLIII",
    "act_year": 2017,
    "act_type": "STATE",
    "location": "Assam",
    "law_status": "valid",
    "enactment_date": "2017-10-16",
    "description": "The Assam Employees' Parent Responsibility And Norms for Accountability and Monitoring Act, 2017",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "An ACT",
            "chapter": null,
            "content": "AN\nACT\nto provide for accountability of employees of the State Government or any\nother organisation in the State of Assam in taking care of their parents and\ndivyang siblings and in relation to the matters connected therewith or\nincidental thereto.\nWhereas, respect and service to one's parents is the central\nobligation of children that is integral part of Indian family system, for ages,\nand most of the families in the State, by and large, adhere to the same;\nAND\nWhereas with the emerging modern society, increased\nmobility and growth of nuclear families, instances of negligence of parents by\ntheir children have, of late, come to exist and re-kindling the family values\nneed easily enforceable norms;\nAND\nWhereas the principles which govern the pension and family pension\ndo amply expound that the family of an employee is the integral unit to lay\nclaim over his salary and retirement benefits. The parents of the employee are\ninseparable part of such family system;\nAND\nWhereas it is expedient to provide for an enforceable\nmorality through a certain norms, to begin with, among those employees who\ndo neglect their dependent parents and divyang siblings so that each and every\nemployee would lead as a role model in the society;\nAND\nWhereas it is expedient to provide for accountability of\nemployees of the State Government or any other organisation in the State of\nAssam in taking care of their parents and divyang siblings and in relation to\nmatters connected therewith or incidental thereto;\nIt is hereby enacted in the Sixty-eighth Year of the Republic of India as\nfollows:-",
            "footnote": "",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1",
            "title": "Section 1. (1)",
            "chapter": null,
            "content": "This Act may be called 'the Assam Employees' Parent Responsibility And\nNorms for Accountability and Monitoring Act, 2017, and in short may be called\nas \"the Assam Employees' PRANAM Act, 2017.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 10
        },
        {
            "number": "1",
            "title": "Section 1. (2)",
            "chapter": null,
            "content": "It extends to the whole of Assam.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 20
        },
        {
            "number": "1",
            "title": "Section 1. (3)",
            "chapter": null,
            "content": "It shall come into force, on such date as the State Government may, by\nnotification in the Official Gazette, appoint.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 30
        },
        {
            "number": "2",
            "title": "Section 2. (a)",
            "chapter": null,
            "content": "\"Appellate Authority\" means an officer or functionary of the State Government\nor Organisation, as the case may be, or such officer or functionary, superior to the\nDesignated Authority in rank and post, as may from time to time be notified under\nsection 13, as such by an order by the State Government or by the Organisation for\nthe purposes of the Act, in order to admit appeals against the orders of the\nDesignated Authority as provided in the Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 40
        },
        {
            "number": "2",
            "title": "Section 2. (b)",
            "chapter": null,
            "content": "\"Apportioned Salary\" means the amount of the salary of the employee,\ngranted by designated authority or appellate authority, that he/she should part with\nthe dependent parents/divyang siblings;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 50
        },
        {
            "number": "2",
            "title": "Section 2. (c)",
            "chapter": null,
            "content": "\"Commission\" means Assam Employees PRANAM Commission constituted and\nnotified under section 18 of the Act or the Assam Administrative Tribunal till the\nCommission is notified;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 60
        },
        {
            "number": "2",
            "title": "Section 2. (d)",
            "chapter": null,
            "content": "\"Dependent Divyang Sibling\" means a \"person with disability' or and \"person\nwith disability having high support needs\" as defined under the section 2 (s) and 2 (t)\nof The Rights of Persons with Disability Act, 2016 (No. 49 of 2016) notified by the\nCentral Government and who is an unmarried sibling (brother/sister) of an employee\nand do not have adequate income of their own to support their livelihood;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 70
        },
        {
            "number": "2",
            "title": "Section 2. (e)",
            "chapter": null,
            "content": "\"Dependent Parents\" means the mother/father or both, and dependent on\nhis/her/their son/daughter because such parents do not have adequate source of\nincome of their own;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 80
        },
        {
            "number": "2",
            "title": "Section 2. (f)",
            "chapter": null,
            "content": "\"Designated Authority\" means an officer or functionary of the State\nGovernment or the Organisation, as the case may be, or such officer or functionary,\nnot below the level of Drawing and Disbursing Authority, as may from time to time\nbe notified under section 6 as such by an order by the State Government or by an\nOrganisation for the purposes;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 90
        },
        {
            "number": "2",
            "title": "Section 2. (g)",
            "chapter": null,
            "content": "\"Employee\" means any personnel appointed by and under the control of the\nState Government and draw his/her salary from consolidated fund of the State though\nGovernment's treasury or appointed by any organisation functioning in the State of\nAssam as may be notified under section 3 (2);",
            "footnote": "",
            "is_definition": false,
            "sort_order": 100
        },
        {
            "number": "2",
            "title": "Section 2. (h)",
            "chapter": null,
            "content": "\"Organisation\" means an Organisation functioning in the State of Assam and\nnotified by the State Government under section 3 (2), to be covered under the Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 110
        },
        {
            "number": "2",
            "title": "Section 2. (i)",
            "chapter": null,
            "content": "\"Prescribed\" means prescribed by rules made under this Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 120
        },
        {
            "number": "2",
            "title": "Section 2. (j)",
            "chapter": null,
            "content": "\"State Level Monitoring Body\" means the Body to be constituted under section\n25(1) to review and monitor the implementation of various provisions of the Act;",
            "footnote": "",
            "is_definition": false,
            "sort_order": 130
        },
        {
            "number": "2",
            "title": "Section 2. (k)",
            "chapter": null,
            "content": "\"State Government\" means the Government of Assam.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 140
        },
        {
            "number": "3",
            "title": "Section 3. (1)",
            "chapter": null,
            "content": "All the employees of the State Government shall be governed by the provisions\nof this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 150
        },
        {
            "number": "3",
            "title": "Section 3. (2)",
            "chapter": null,
            "content": "The State Government may notify the organisations functioning within the\nState of Assam to be covered under this Act. The employees of such organisation\nshall be governed by the provisions of this Act and the rules to be prescribed under\nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 160
        },
        {
            "number": "4",
            "title": "Section 4. (1)",
            "chapter": null,
            "content": "Each employee of the State Government is responsible to take care of the\nparents/divyang siblings and any deviation in this regard shall be dealt with under the\nprovisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 170
        },
        {
            "number": "4",
            "title": "Section 4. (2)",
            "chapter": null,
            "content": "The relevant Conduct Rules of the employees of the State Government or\nan Organisation shall be amended to include the above, within six months from the\ndate of commencement of this Act or otherwise the Conduct Rules applicable to the\nrespective categories of the employees deemed to have been amended after six\nmonths from the date of commencement of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 180
        },
        {
            "number": "5",
            "title": "Section 5. (1)",
            "chapter": null,
            "content": "Both or either of the dependent parents or dependent divyang siblings of\nan employee, as the case may be, may apply, in writing before the Designated\nAuthority notified under section 6, seeking apportioned salary of the employee, to be\npai`d to them directly by the Drawing and Disbursing Officer on monthly basis from\nthe salary of the employee:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 190
        },
        {
            "number": "5",
            "title": "Section 5. (1) Proviso",
            "chapter": null,
            "content": "Provided that such dependent parents/divyang siblings, prima facie,\nestablish that they do not have adequate source of income to maintain their livelihood\nin a dignified manner and they are in need of financial support from the employee:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 200
        },
        {
            "number": "5",
            "title": "Section 5. (2)",
            "chapter": null,
            "content": "Such application of the dependent parents/divyang sibling should clearly state the\npersonal monthly income from all sources of the parents and the nature of support,\nfinancial and otherwise, which has been presently given to them by the employee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 210
        },
        {
            "number": "6",
            "title": "Section 6",
            "chapter": null,
            "content": "The State Government or the Organisation, as the case may be, shall notify,\nfrom time to time, by order, an officer or functionary of the state Government or the\nOrganisation, as the case may be, as the Designated Authority for the purposes of\nconsidering the applications received from the aggrieved dependent parents/divyang\nsiblings seeking apportioned salary of an employee.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 220
        },
        {
            "number": "7",
            "title": "Section 7",
            "chapter": null,
            "content": "Upon receipt of such application from the dependent parents/divyang sibling,\nthe Designated Authority shall decide the eligibility of such claim and dispose of the\napplication within a period of not more than ninety days from the date of receipt of\nsuch application, after giving the applicant and the employee concerned a reasonable\nopportunity of being heard.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 230
        },
        {
            "number": "8",
            "title": "Section 8",
            "chapter": null,
            "content": "If the Designated Authority considers appropriate, it shall sanction the apportioned\nsalary of the employee to his dependent parents/ divyang siblings within the period of\nnine`ty days as mentioned in section 7 and issue directions to the Drawing and\nDisbursement Officer concerned clearly stating the apportioned amount to be paid on\nmonthly basis directly to the dependent parents with effect from the succeeding\nmonth of the date of the order:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 240
        },
        {
            "number": "8",
            "title": "Section 8 Proviso",
            "chapter": null,
            "content": "Provided that such apportioned amount shall not exceed 10% of the monthly\ngross salary being paid to the employee except in exceptional cases only where it\nmay go upto 15% of the monthly gross salary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 250
        },
        {
            "number": "9",
            "title": "Section 9",
            "chapter": null,
            "content": "The designated authority, while hearing an application under section 7 shall\nexercise quasi-judicial powers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 260
        },
        {
            "number": "10",
            "title": "Section 10",
            "chapter": null,
            "content": "If the case is not found to be fit to be considered under the provisions of the\nAct and the relevant Rules there under, Designated Authority may reject the\napplication within the stipulated period of ninety days bringing out cogent reasons\nthereof, in the form of speaking order, with due intimation, in writing, to all\nconcerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 270
        },
        {
            "number": "11",
            "title": "Section 11",
            "chapter": null,
            "content": "If the Designated Authority does not dispose of the case within the stipulated\nperiod of ninety days, the dependent parents/divyang sibling or employee has the\nright to appeal before the Appellate Authority as per the procedure as may be\nprescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 280
        },
        {
            "number": "12",
            "title": "Section 12",
            "chapter": null,
            "content": "The employee or the dependent parents/divyang siblings as the case may be,\naggrieved by the orders of the Designated Authority may prefer an appeal before the\nAppellate Authority against the orders of the Designated Authority within one month\nfrom the date of receipt of such order.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 290
        },
        {
            "number": "13",
            "title": "Section 13",
            "chapter": null,
            "content": "The State Government or the Organisation, as the case may be, shall, by order\nnotify an officer or functionary of the State Government or the Organisation as the\ncase may be, as the Appellate Authority, in order to consider appeals against the\norders of the Designated Authority disposing an application seeking apportioned\nsalary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 300
        },
        {
            "number": "14",
            "title": "Section 14",
            "chapter": null,
            "content": "The Appellate Authority shall hear the appeal preferred under section 13, by\ngiving reasonable opportunity of being heard to both the parties and pass such order\nas may be deemed necessary. While passing an order under this section, the\nAppellate Authority shall exercise quasi-judicial powers.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 310
        },
        {
            "number": "15",
            "title": "Section 15",
            "chapter": null,
            "content": "Upon receipt of appeal from the aggrieved dependent parents/divyang sibling\nor employee concerned, the Appellate Authority shall decide the appeal within a\nperiod of not more than sixty days from the date of receipt of such application,",
            "footnote": "",
            "is_definition": false,
            "sort_order": 320
        },
        {
            "number": "16",
            "title": "Section 16",
            "chapter": null,
            "content": "After hearing the appeal if the Appellate Authority considers it appropriate, it\nshall direct the Designated Authority, in writing, to sanction a certain amount of the\napportioned salary of the employee as may be fixed in his order, to his dependent\nparents/divyang sibling with effect from the succeeding month of the date of the\norder:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 330
        },
        {
            "number": "16",
            "title": "Section 16 Proviso",
            "chapter": null,
            "content": "Provided that such apportioned amount granted shall not exceed 10% of the\ngross salary being paid to the employee except in exceptional cases only where it\nmay go up to 15% of the monthly gross salary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 340
        },
        {
            "number": "17",
            "title": "Section 17",
            "chapter": null,
            "content": "If after consideration of all the relevant facts, the Appellate Authority is\nsatisfied that the appeal is not found to be fit for consideration as per the relevant\nprovisions of the Act and the Rules framed there under, the Appellate Authority may\nreject the appeal, within the stipulated period of sixty days clearly stating the cogent\nreasons thereof, with a clear speaking orders, with due intimation, in writing, to all\nconcerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 350
        },
        {
            "number": "18",
            "title": "Section 18. (1)",
            "chapter": null,
            "content": "The State Government shall, by notification in the Official Gazette, constitute\na body to be known as the Assam State Employees PRANAM Commission to\nexercise the powers conferred on, and to perform the functions assigned to it under\nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 360
        },
        {
            "number": "18",
            "title": "Section 18. (2)",
            "chapter": null,
            "content": "Till the Commission is constituted, Assam Administrative Tribunal shall\nexercise the powers and functions of the Commission under this Act with effect from\nsuch date as the State Government may notify in this behalf in the official Gazette.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 370
        },
        {
            "number": "18",
            "title": "Section 18. (3)",
            "chapter": null,
            "content": "The Assam State Employees PRANAM Commission shall consist of,-\n(a) Chief Commissioner, and\n(b) Commissioners, not exceeding two, as may be deemed necessary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 380
        },
        {
            "number": "18",
            "title": "Section 18. (4)",
            "chapter": null,
            "content": "The Chief Commissioner and the Commissioners shall be appointed by the State\nGovernment by notification from time to time, from among the persons possessing\nthe qualification and experience as mentioned in sub-sections (6) and (7)\nrespectively.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 390
        },
        {
            "number": "18",
            "title": "Section 18. (5)",
            "chapter": null,
            "content": "The general superintendence, direction and management of the affairs of the\nCommission shall vest in the Chief Commissioner who shall be assisted by the\nCommissioners and may exercise all such powers and do all such acts and things\nwhich may be exercised or done by the Commission autonomously without being\nsubjected to directions by any other authority under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 400
        },
        {
            "number": "18",
            "title": "Section 18. (6)",
            "chapter": null,
            "content": "The Chief Commissioner shall be appointed from amongst the persons who has\nworked in the State Government of Assam not lower in rank than that of an\nAdditional Chief Secretary.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 410
        },
        {
            "number": "18",
            "title": "Section 18. (7)",
            "chapter": null,
            "content": "The Commissioners shall be persons with wide knowledge and experience in\nlaw, social service, administration and governance or must have worked under the\nState Government not lower in rank than that of a Commissioner and Secretary to the\nGovernment of Assam.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 420
        },
        {
            "number": "18",
            "title": "Section 18. (8)",
            "chapter": null,
            "content": "The headquarters of the Commission shall be at such place in the State as the\nState Government may, by notification in the Official Gazette, specify:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 430
        },
        {
            "number": "18",
            "title": "Section 18. (8) Proviso",
            "chapter": null,
            "content": "Provided that the Commission may establish such number of office or offices\nin such other place / places in the state, with the previous approval of the State\nGovernment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 440
        },
        {
            "number": "19",
            "title": "Section 19. (1)",
            "chapter": null,
            "content": "The Chief Commissioner shall hold office for a term of five years from the\ndate on which he enters upon his office:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 450
        },
        {
            "number": "19",
            "title": "Section 19. (1) Proviso",
            "chapter": null,
            "content": "Provided that no Chief Commissioner shall hold office as such after he has\nattained the age of sixty-five years.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 460
        },
        {
            "number": "19",
            "title": "Section 19. (2)",
            "chapter": null,
            "content": "Every Commissioner shall hold office for a term of five years from the date on\nwhich he enters upon his office or till he attains the age of sixty-five years, whichever\nis earlier:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 470
        },
        {
            "number": "19",
            "title": "Section 19. (2) Provisos",
            "chapter": null,
            "content": "Provided that every Commissioner who have not attained the age of sixty five\nyears, shall, on vacating his office under this sub-section, be eligible for appointment\nas the Chief Commissioner:\nProvided further that where the Commissioner is appointed as the\nChief Commissioner, his term of office shall not be more than five years in\naggregate as the Commissioner and the Chief Commissioner.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 480
        },
        {
            "number": "19",
            "title": "Section 19. (3)",
            "chapter": null,
            "content": "The Chief Commissioner or a Commissioner may, at any time, by writing under\nhis hand addressed to the State Government, resign from his office:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 490
        },
        {
            "number": "19",
            "title": "Section 19. (3) Proviso",
            "chapter": null,
            "content": "Provided that the Chief Commissioner or a Commissioner may be removed\nfrom his office in the manner, as specified under section 20.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 500
        },
        {
            "number": "19",
            "title": "Section 19. (4)",
            "chapter": null,
            "content": "The salaries and allowances payable to and other terms and conditions of service\nof,-\n(a) the Chief Commissioner shall be the same as that of not less than an\nAdditional Chief Secretary of the State Government;\n(b) the Commissioner shall be the same as that of not less than Commissioner\nand Secretary of the State Government:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 510
        },
        {
            "number": "19",
            "title": "Section 19. (4) Provisos",
            "chapter": null,
            "content": "Provided that if the Chief Commissioner or a Commissioner, at the\ntime of his appointment is, in receipt of a pension, other than a disability or\nwound pension, in respect of any previous service under the Central\nGovernment or the State Government, his salary in respect of the service as\nthe Chief Commissioner or a Commissioner shall be reduced by the amount\nof that pension including any portion of pension which was commuted and\npension equivalent of other forms of retirement benefits excluding pension\nequivalent of retirement gratuity:\nProvided further that where the Chief Commissioner or a\nCommissioner if, at the time of his appointment is, in receipt of retirement\nbenefits in respect of any previous service rendered in a Corporation\nestablished by or under any Central Act or State Act or a Government\ncompany owned or controlled by the Central Government or the State\nGovernment, his salary in respect of the service as the Chief Commissioner or\nthe Commissioner shall be reduced by the amount of pension equivalent to\nthe retirement benefits:\nProvided also that the salaries, allowances and other conditions of\nservice of the Chief Commissioner and the Commissioners shall not be varied\nto their disadvantage after their appointment.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 520
        },
        {
            "number": "20",
            "title": "Section 20",
            "chapter": null,
            "content": "Subject to the provisions as stated here in below, the State Government may,\nby order, remove from office the Chief Commissioner or a Commissioner, if the\nChief Commissioner or a Commissioner, as the case may be,---\n(a) is adjudged an insolvent; or\n(b) has been convicted of an offence which, in the opinion of the State\nGovernment, involves moral turpitude; or\n(c) engages during his term of office in any paid employment outside the\nduties of his office; or\n(d) is, in the opinion of the State Government, unfit to continue in office by\nreason of infirmity of mind or body; or\n(e) has acquired such financial or other interest as is likely to affect\nprejudicially his functions as the Chief Commissioner or a Commissioner; or\n(f) any other reason that the State Government deem fit and proper.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 530
        },
        {
            "number": "21",
            "title": "Section 21. (1)",
            "chapter": null,
            "content": "Subject to the provisions of this Act, it shall be the duty of the\nCommission to receive and inquire into a complaint from the parents/divyang siblings\nof an employee, -\n(a) who has been unable to submit an application or appeal before\nDesignated Authority or the Appellate Authority, as the case may be.\neither by reason that there is no such officer for the time being either\nappointed or functioning under this Act, or because the Designated\nAuthority or the Appellate Authority, as the case may be, has refused\nto accept his or her application or appeal under this Act;\n(b) who has not been given a response to an application for\nsanctioning apportioned salary of an employee within the time limit\nspecified under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 540
        },
        {
            "number": "21",
            "title": "Section 21. (2)",
            "chapter": null,
            "content": "Where on the receipt of the complaint under sub section (1), the Commission is\nsatisfied that there are reasonable grounds to inquire into the matter, it may initiate\nAn inquiry in respect thereof.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 550
        },
        {
            "number": "21",
            "title": "Section 21. (3)",
            "chapter": null,
            "content": "The Commission shall, while inquiring into any matter under this section, have\nthe same powers as are vested in a civil court while trying a suit under the Code of\nCivil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:\n(a) summoning and enforcing the attendance of persons and compel them to\ngive oral or written evidence on oath and to produce the documents or things;\n(b) requiring the discovery and inspection of documents;\n(c) receiving evidence on affidavit;\n(d) requisitioning any public record or copies thereof from any court or office;\n(e) issuing summons for examination of witnesses or documents; and any\nother matter which may be prescribed.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 560
        },
        {
            "number": "21",
            "title": "Section 21. (4)",
            "chapter": null,
            "content": "Notwithstanding anything inconsistent contained in any other law for the time\nbeing in force, the Commission may, during the inquiry of any complaint under this\nAct, examine any record to which this Act applies which is under the control of the\nauthority, and no such record may be withheld from it on any grounds.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 570
        },
        {
            "number": "22",
            "title": "Section 22. (1)",
            "chapter": null,
            "content": "The parents/divyang sibling who, does not receive a decision from Appellate\nAuthority within the time specified in the section 15, or any employee or the parents/\ndivyang sibling aggrieved by a decision of the Appellate authority, as the case may\nbe, may within sixty days from the expiry of such period or from the receipt of such a\ndecision from the Appellate Authority prefer an appeal before the Commission:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 580
        },
        {
            "number": "22",
            "title": "Section 22. (1) Proviso",
            "chapter": null,
            "content": "Provided that the Commission may admit the appeal after the expiry\nof the period of sixty days if it is satisfied that the appellant was prevented by\nsufficient cause from filing the appeal in time.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 590
        },
        {
            "number": "22",
            "title": "Section 22. (2)",
            "chapter": null,
            "content": "An appeal under this section shall be disposed of by the Commission within\nninety days of the receipt of the appeal or within such extended period not exceeding\na total of one hundred twenty days from the date of filing thereof, as the case may be,\nfor reasons to be recorded in writing.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 600
        },
        {
            "number": "22",
            "title": "Section 22. (3)",
            "chapter": null,
            "content": "The decision of the Commission, as the case may be, shall be final and binding on\nall concerned.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 610
        },
        {
            "number": "22",
            "title": "Section 22. (4)",
            "chapter": null,
            "content": "In its decision, the Commission has the power to, -\n(a) require the designated authority or appellate authority to take any such\nsteps as may be necessary to secure compliance with the provisions of this\nAct and impose any of the penalties provided under this Act;\n(b) grant the amount of apportioned salary of an employee to the dependent\nparents/divyang sibling not exceeding 10% of the gross salary being paid to\nthe employee except in exceptional cases only where it may go upto 15% of\nthe monthly gross salary, with a direction to the Designated Authority to\nsanction the amount and cause payment of the apportioned salary through the\nDrawing and Disbursing officer directly to the grantee with effect from the\nsucceeding month;\n(c) reject the appeal, with cogent reasons to be recorded in writing and inform\nall concerned;\n(d) any other orders as deem fit and proper, but not inconsistent with the\nprovisions of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 620
        },
        {
            "number": "22",
            "title": "Section 22. (5)",
            "chapter": null,
            "content": "The Commission shall give notice of its decision, including any right of appeal,\nto the complainant and the designated or appellate authority.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 630
        },
        {
            "number": "22",
            "title": "Section 22. (6)",
            "chapter": null,
            "content": "The Commission shall decide the appeal in accordance with such procedure as\nmay be prescribed by rules made under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 640
        },
        {
            "number": "23",
            "title": "Section 23",
            "chapter": null,
            "content": "Where the Commission at the time of deciding any complaint or appeal is of the\nopinion that the Designated Authority or Appellate Authority, as the case may be,\nhas, without any reasonable cause, refused to receive an application or has not\ndisposed of the application within the time specified under section 7 and section 15, it\nmay impose a penalty of one hundred rupees per day upon such Designated\nAuthority or Appellate Authority as the case may be, till the application is disposed\nof, so however, the total amount of such penalty shall not exceed twenty-five\nthousand rupees.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 650
        },
        {
            "number": "24",
            "title": "Section 24. (1)",
            "chapter": null,
            "content": "Notwithstanding anything contained in this Act and the rules made there\nunder, the dependent parents/divyang siblings may withdraw their application, appeal\nor seek to rescind the orders of apportionment, at any stage, before or at the time of\nhearing or after an order of apportionment is passed, or during the continuance of\npayment of the apportioned salary to them, before the Designated Authority or the\nAppellate Authority or the Commission:",
            "footnote": "",
            "is_definition": false,
            "sort_order": 660
        },
        {
            "number": "24",
            "title": "Section 24. (1) Proviso",
            "chapter": null,
            "content": "Provided that the dependent parents/divyang sibling shall-,\n(a) give it in writing to that effect to the Designated Authority, Appellate\nAuthority or the Commission, as the case may be, clearly stating the reasons\nand changed circumstances for which he/she has proposed for withdrawal of\nthe application or appeal or rescind the orders of apportionment, as the case\nmay be.\n(b) furnish an undertaking that the request has been made with his/her own\ndecision and not under any duress from any quarter, and\n(c) state the month from which such apportioned salary order shall be\nwithdrawn.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 670
        },
        {
            "number": "24",
            "title": "Section 24. (2)",
            "chapter": null,
            "content": "If such application is accepted by the Commission, Appellate Authority, they\nshall direct the Designated Authority to issue a formal order directing the Drawing\nand Disbursing Officer to discontinue the apportioned salary to the grantee\nparents/siblings with effect from the succeeding month of such order and if such\napplication lies before the Designated Authority, he shall also do so as provided here\nunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 680
        },
        {
            "number": "24",
            "title": "Section 24. (3)",
            "chapter": null,
            "content": "In the event of circumstances, such as, the death of the grantee\nparents/siblings or arsing of any new source of income for the grantee, which prove\nthat the apportioned salary is no more applicable, the employee may submit an\napplication to that effect before the Designated Authority and the latter shall dispose\nof the same within thirty days from the date of such application, after considering the\nevidence submitted before him by the employee and after hearing the grantee\nparents/siblings about the new source of income stated to have arised in respect of\nhim/her.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 690
        },
        {
            "number": "24",
            "title": "Section 24. (4)",
            "chapter": null,
            "content": "If the Designated Authority fails to dispose of the application within the stipulated\ntime, the employee may file appeal before the Appellate Authority and thereafter to\nthe Commission, who may dispose of the appeal in the manner as provided under this\nAct.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 700
        },
        {
            "number": "25",
            "title": "Section 25. (1)",
            "chapter": null,
            "content": "State Government shall, by notification, constitute a State Level\nMonitoring Body to closely monitor the implementation of the provisions of this Act\nin order to lessen the hardship to the sick and old dependent parents/divyang siblings.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 710
        },
        {
            "number": "25",
            "title": "Section 25. (2)",
            "chapter": null,
            "content": "The Body so constituted shall also keep in mind and strive to widen the\nimpact of the Act to reinforce the basic morality and family values among the\nemployees and thereby, advance the influence of such values in the Society at large,\nbeyond the employees of the Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 720
        },
        {
            "number": "26",
            "title": "Section 26",
            "chapter": null,
            "content": "If any difficulty arises in giving effect to the provisions of this Act, the State\nGovernment may, by an order, make such provisions not inconsistent with the\nprovisions of this Act and the rule made thereunder and as may appear to them to be\nnecessary or expedient for removing the difficulty.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 730
        },
        {
            "number": "27",
            "title": "Section 27",
            "chapter": null,
            "content": "No suit, prosecution or other legal proceeding shall lie against the State\nGovernment or an Organisation or any authority or any functionary or any officer\nthereof or any person for anything which is done in good faith or intended to be done\nin pursuance of this Act or the rules made thereunder.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 740
        },
        {
            "number": "28",
            "title": "Section 28",
            "chapter": null,
            "content": "No court shall entertain any suit, application or other proceeding in respect of\nany order made under this Act and no such order shall be called in question otherwise\nthan by way of an appeal under this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 750
        },
        {
            "number": "29",
            "title": "Section 29. (1)",
            "chapter": null,
            "content": "The State Government may make rules for carrying out the purposes of\nthis Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 760
        },
        {
            "number": "29",
            "title": "Section 29. (2)",
            "chapter": null,
            "content": "In particular, and without prejudice to the generality of the foregoing\npowers, such rules may provide for all or any of the matters including the procedure\nto be followed by various authorities involved in implementation of the Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 770
        },
        {
            "number": "29",
            "title": "Section 29. (3)",
            "chapter": null,
            "content": "All rules made by the State Government under this Act shall, as soon\r\nas may be after they are made, be laid before the Assam Legislative Assembly, while\r\nit is in session, for a total period of not less than fourteen days which may be\r\ncomprised on one session or two or more successive sessions, and shall, unless some\r\nlater date is appointed, take effect from the date of their publication in the Official\r\nGazette subject to such modifications or annulments as the Assam Legislative\r\nAssembly may, during the said period agrees to make, so however, that any such\r\nmodification or annulment shall be without prejudice to the validity of anything\r\npreviously done there under.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 780
        }
    ],
    "metadata": {
        "Act ID": "201743",
        "Act Number": "XLIII of 2017",
        "Enactment Date": "2017-10-16",
        "Act Year": "2017",
        "Short Title": "The Assam Employees' Parent Responsibility And Norms for Accountability and Monitoring Act, 2017",
        "Department": "LEGISLATIVE DEPARTMENT::: LEGISLATIVE BRANCH",
        "Type": "STATE",
        "Location": "Assam"
    },
    "updated_at": "2026-09-29 21:52:02"
}