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Government Of Assam Finance Pranam

Rights of the Appellants

The Assam Employees' Parent Responsibility and Norms for Accountability and Monitoring (PRANAM) Act, 2017 states the following rules for the dependent parents/ divyang siblings/ employees:

Rights of Dependent Parents/ Divyang Siblings:

The dependent parents (either or both) or dependent divyang siblings of an employee, may apply, in writing before the Designated Authority notified under rule 5, seeking apportioned salary of the employee. The dependent (s) should prima facie, establish, that they do not have an adequate source of income to maintain their livelihood in a dignified manner. The application of the dependent shall contain in clear terms the following with supporting documents or materials.

(i) The personal monthly income from all sources in clear terms

(ii) The nature of support, financial and otherwise, which are being given at present to them by the employee

(iii) In respect of Divyang siblings the application should be accompanied with a disability certificate. The State Government shall designate persons, having requisite qualifications and experience, as certifying authorities, who shall be competent to issue the certificate of disability.

Right to Appeal:

If the Designated Authority does not dispose of the case within the stipulated period of ninety days, the dependent parents/ divyang sibling or employee has the right to appeal before the Appellate Authority as per the procedure as may be prescribed.

Right to Appeal against orders of the Designated Authority:

The employee or the dependent parents/ divyang siblings as the case may be, aggrieved by the orders of the Designated Authority may prefer an appeal before the Appellate Authority against the orders of the Designated Authority within one month from the date of receipt of such order.

Right to Withdraw:

(1) Notwithstanding anything contained in this Act and the Rules made thereunder, the dependent parents/ divyang siblings may withdraw their application, appeal or seek to rescind the orders of apportionment, at any stage, before or at the time of hearing or after an order of apportionment is passed, or during the continuance of payment of the apportioned salary to them, before the Designated Authority or the Appellate Authority or the Commission.

Provided that the dependent parents/ divyang sibling shall-

(a) give it in writing to that effect to the Designated Authority, Appellate Authority or the Commission, as the case may be, clearly stating the reasons and changed circumstances for which he/she has proposed for withdrawal of the application or appeal or rescind the orders of apportionment, as the case may be.

(b) furnish an undertaking that the request has been made with his/her own decision and not under any duress from any quarter, and

(c) state the month from which such apportioned salary order shall be withdrawn.

(2) If such application is accepted by the Commission, Appellate Authority, they shall direct the Designated Authority to issue a formal order directing the Drawing and Disbursing Officer to discontinue the apportioned salary to the grantee parents/ siblings with effect from the succeeding month of such order and if such application lies before the Designated Authority, he shall also do so as provided hereunder.

(3) In the event of circumstances, such as, the death of the grantee parents/siblings or arsing of any new source of income for the grantee, which prove that the apportioned salary is no more applicable, the employee may submit an application to that effect before the Designated Authority and the latter shall dispose of the same within thirty days from the date of such application, after considering the evidence submitted before him by the employee and after hearing the grantee parents/ siblings about the new source of income stated to have arisen in respect of him/ her.

4) If the Designated Authority fails to dispose of the application within the stipulated time, the employee may file an appeal before the Appellate Authority and thereafter to the Commission, who may dispose of the appeal in the manner as provided under this Act.

Rights