State Act

24

Section 24. Right to withdraw

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

Act no. 43 of 20172017In forceAssam (State Act)

24. (1) Notwithstanding anything contained in this Act and the rules made there under, 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and not under any duress from any quarter, and (c) state the month from which such apportioned salary order shall be withdrawn.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 here under. (3) In the event of circumstances, such as, the death of the grantee parents/siblings or arising 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 appeal before the Appellate Authority and thereafter to the Commission, who may dispose of the appeal in the manner as provided under this Act.