(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.