(1) If the Commission is of the opinion that the Designated Public Servant has refused to receive an application for notified services or has failed to provide the notified public services within stipulated time as fixed under the Act or malafidely denied the request for notified Services or obstructed in any manner in providing the notified services without sufficient and reasonable cause, then the Commission shall impose a penalty of two hundred and fifty rupees for each day of delay after completion of the stipulated time limit for providing the particular notified service, provided however, that the total amount of such penalty shall not exceed twenty five thousand rupee in all :
1. Subs. by Assam Act No. VII of 2019.
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Provided that the Designated Public Servant shall be given a reasonable opportunity of being heard before such penalty is imposed upon him:
Provided further that the burden of proving that he acted reasonably and diligently shall be on the Designated Public Servant.
(2) Where the Commission, at the time of deciding any appeal is of the opinion that the Designated Public Servant has without any reasonable cause, persistently, failed to receive an application for notified Services or has not provided the service within the stipulated time limit or malafidely denied the request or obstructed in any manner in providing the service for notified services, it shall recommend for disciplinary action against the Designated Public Servant under the service rules applicable to him :
Provided that the Designated Public Servant shall be given a reasonable opportunity of being heard before any penalty is imposed on him.]
1 [Procedure for recovery of Penalty
10. The Commission shall communicate to the concerned Designated Public Servant as well as the Public Authority concerned about the amount of penalty imposed under section 9, in writing. The concerned Designated Public Servant shall pay the amount of penalty within a period of 30 days in the State Government Head of Account as may be specified by the State Government by notification in the Official Gazette in this behalf, failing which the Competent Authority shall recover the amount of penalty from the salary of the concerned Designated Public Servant by issuing necessary order in this regard.]
Bar on jurisdiction of Civil Court
11. No Civil Court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal as specified under this Act.
1. Subs. by Assam Act No. VII of 2019.
14 Power of the State Government to send the applications to Appellate Authority directly
12. Notwithstanding any other provisions of this Act, the State Government, if it receives an application alleging non-compliance of the provisions of this Act, may send the same directly to the Appellate Authority for taking further actions as per the provision of this Act.
Protection of action taken in good faith
13.
No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.
Overriding effect of the Act
14. In relation to the notified services under this Act and its implementation, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.
Power to make rules
15.
(1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.
(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in the session for a total period of fourteen days which may be comprised in one session or in two successive sessions and if before the expiry of the session in which it is so laid or the session immediately following , the Assam Legislative Assembly agree in making any modification in the rule or the Assam Legislative Assembly agree that the rule should not be made the rule shall thereafter have effects only in such modified form or be of no effect, as the case may be, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
15 Power to remove difficulties
16. If any difficulty arises in giving effect to the provisions of this Act, the State Government may by order, not inconsistent with the provisions of this Act, remove the difficulty.
Legislative Department Govt. of Assam Dispur