LexThe Assam Right to Public Service Act, 2012 (Single Document)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT NO. IX OF 2012
(Received the assent of the Governor on 27th April, 2012)
THE ASSAM RIGHT TO PUBLIC SERVICES ACT, 2012
AN
ACT
to provide for the delivery of notified public services
to the people of the State of Assam within the stipulated
time limit and for matters connected therewith and
incidental thereto.
Preamble Whereas it is expedient to provide for the delivery
of notified public services to the people of the State of
Assam within the, stipulated time limit and for matter
concerned therewith or in incidental thereto;
It is hereby enacted in the Sixty-third Year of the
Republic of India as follows:
Short title, extent
and
commencement
1.
(1) This Act may be called the Assam Right to Public
Services Act, 2012.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State
Government may, by notification in the Official
Gazette, appoint.
Application 2. This Act shall apply to Government Servants, but shall
not apply to,-
(i) persons appointed on casual or daily rates basis;
(ii) persons employed on contract except when the
contract provides otherwise;
(iii) persons whose terms and conditions of services are
expressly provided in the Constitution.
2
Definitions
3. In this Act, unless the context otherwise requires,-
(a) "Appellate Authority" means an authority
including one belonging to the local self
government who is notified as such under section
4, who shall be empowered to impose cost on the
Government Servant defaulting or delaying the
delivery of services in accordance with this Act;
(b) "application" means a written request by an
eligible person to provide notified services under
this Act;
1[(ba) "Chief Commissioner" or the "Commissioner"
means the Chief Commissioner of the Assam
State Commission for Right to Public Services
or the Commissioner, Assam State Commission
for Right to Public Services, as the case may be,
appointed under sub-section (3) of section 8A;
(bb) "Commission" means the Assam State
Commission for Right to Public Services
constituted under sub-section (1) of section 8A;
(bc) "Competent Authority" means the Disciplinary
Authority or the Controlling Officer of the
Designated Public Servant;]
(c) "Designated Public Servant" means an authority
including one belonging to the local self
government and organizations, fully or partially
funded by the State Government, notified as such
for providing the service under section 4;
(d) "eligible person" means a citizen who is eligible
for obtaining the notified service;
(e) "prescribed" means prescribed by the rules made
under this Act;
(f)
2["Public Authority" means-
(i) any Department or authority of the State
Government;
1. Ins. by Assam Act No. VII of 2019.
2. Subs. by Assam Act No. VII of 2019.
3
(ii) any organization or authority or body or
corporation or institution or a local authority,
established or constituted,-
(a) by or under the Constitution of India in the
State, or
(b) by any other law made by the State
Legislature, or
(c) by notification issued by the State
Government
(iii) and shall also include,-
(a) an institution, a cooperative society, a
Government Company or an authority
owned, controlled or financed by the State
Government; or
(b) any non-Governmental organization
receiving financial assistance from the
State Government;]
(g) "Government Servant" means a person appointed
substantively to any civil service or post in
connection with the affairs of the State
Government including person working on
deputation basis; and person appointed in a local
body which is owned controlled or substantially
financed by the State Government;
(h) "Right to Public Service" means right to obtain the
notified service under this Act from time to time
within the stipulated time limit as described under
section 5;
(i) "notified service" means any service notified by
the State Government under section 4;
(j) "State Government" means the Government of
Assam;
4
(k) "stipulated time limit" means maximum time to
provide the service by the Designated Public
Servant or to decide the appeal by the Appellate
Authority
1[**] as notified under section 4 ;
(l) "notification" means a notification published in the
Official Gazette;
(m) "rules" means rules made by the State Government
under this Act;
(n) "Year" means the calendar year commencing on
the 1st day of January of the Year and ending on
the 31st day of December.
2[Notification of
services,
Designated
Public Servant,
Appellate
Authority, User
Charges and
stipulated time
limit
4. (1) The State Government shall notify the public services
rendered by it including provisions for fast track
service delivery, along with user charges and
stipulated time limit.
(2) Public Authority shall appoint Designated Public
Servants in the administrative units/offices under it,
as may be necessary to provide notified services to
the persons requesting for the services notified under
this Act.
(3) Public Authority shall also notify an officer superior
in rank than that of the Designated Public Servant to
act as Appellate Authority to hear and decide the
appeal filed by an eligible person against rejection of
his application or delay in providing notified Public
Services within the stipulated time limit.
(4) The State Government shall endeavor and encourage
the Public Authorities, to deliver notified Public
Services electronically within the stipulated time
limit.]
Right of citizens
to obtain time
bound delivery of
services
5. Every eligible person shall have the right to obtain the
services in accordance with this Act within the time
bound period as notified under section 4.
1. Omitted by Assam Act No. VII of 2019.
2. Subs. by Assam Act No. VII of 2019.
5
Liability of
Government
Servant to deliver
services within
the stipulated
period
6. (1) The Designated Public Servant shall provide the
notified services under section 4 to the eligible
person within the stipulated time limit.
(2) The Designated Public Servant may seek the
assistance of any other officer or employee
connected with the delivery of that particular
notified service as he may consider necessary for
the proper discharge of his duties under sub-section
(1).
(3) Any officer or employee , whose assistance has
been sought under sub-section (2) shall render all
assistance to the Designated Public Servant
seeking his assistance and for any contravention of
the provision of this Act, such other officer or
employee, whose assistance has been sought, shall
be treated a Designated Public Servant under this
Act for such contravention.
Providing
notified services
within stipulated
time limit
7. (1) The stipulated time limit shall start from the date
when the application for obtaining a required
notified service is submitted to the Designated
Public Servant or to a person sub-ordinate to him
authorized to receive the application. Such
application shall be duly acknowledged.
(2) The Designated Public Servant on receipt of an
application under sub-section (1) shall, within the
stipulated time limit, provide the notified service or
reject the application and in case of rejection of
application, he shall record the reasons in writing
and communicate to the person making the
application,-
(i) the reasons for such rejection;
(ii) the period within which an appeal against such
rejection may be preferred; and
(iii) the particulars of the Appellate Authority.
6
1[Appeal and
Second Appeal
8. (1) Any person who, does not get notified service
within the stipulated time limit specified under
section 4 or is aggrieved by a decision of the
Designated Public Servant, may, within 30 days
from the expiry of the stipulated period or from the
date of receipt of such decision, as the case may be,
prefer an appeal to the Appellate Authority notified
under sub-section (3) of section 4:
Provided that the Appellate Authority may
admit the appeal after the expiry of 30 days if he or
she is satisfied that the Appellant was prevented by
sufficient cause from filing the appeal in time.
(2) The Appellate Authority may order the Designated
Public Servant to provide the notified service within
the stipulated time limit as specified in the
notification under section 4 for that service or may
reject the appeal and in case of rejection of the
appeal, the Appellate Authority shall record the
reasons in writing for rejection of the appeal in his
order:
Provided that, before deciding the appeal, the
Appellate Authority shall give reasonable
opportunity of being heard to the Appellant as well
as the Designated Public Servant.
(3) An appeal under sub-section (1) shall be disposed of
within 30 days from the date of filing of the appeal
or within such extended period not exceeding a total
of forty-five days from the date of filing thereof, for
reasons to be recorded in writing, as the case may
be.
(4) The Applicant aggrieved by any order of the
Appellate Authority, may make a Second Appeal
within sixty days from the date of receipt of the
order of the Appellate Authority in the appeal
before the Commission.
1. Subs. by Assam Act No. VII of 2019.
7
(5) The Commission shall dispose of the Second
Appeal by following such procedure as may be
prescribed:
Provided that the Commission may entertain the
Second Appeal after the expiry of said sixty days,
but in no case beyond ninety days from the date of
receipt of the order of the Appellate Authority by
the Appellant, if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal
in time.
(6) In any appeal proceeding, the onus to prove that a
denial of a service was justified shall be on the
Designated Public Servant, who denied the service.
(7) The decision of the Commission in a Second
Appeal shall be binding on the Appellant and the
Designated Public Servant.
(8) The Appellate Authority and the Commission while
deciding an appeal or a Second Appeal, as the case
may be, under this section, have the same power as
vested in a Civil Court while trying a suit under the
Code of Civil Procedure, 1908, in respect of any of
the matters, namely :-
(a) requiring the production and inspection of
documents;
(b) issuing summons for hearing to the Designated
Public servant;
(c) any other matter as may be prescribed.]
Central
Act V of
1908
1[Assam State
Commission for
Right to Public
Services
8A.
(1) The State Government shall, by notification in the
Official Gazette, constitute a body to be known as
the Assam State Commission for Right to Public
Services to exercise the powers conferred on, and to
perform the functions assigned to it under this Act:
Provided that till the Commission is constituted,
the Assam Administrative Tribunal shall exercise
the powers and perform the functions of the
Commission under this Act with effect from such
date as may be notified by the State Government in
this behalf in the Official Gazette.
1. Ins. by Assam Act No. VII of 2019.
8
(2) The Commission shall consist of the following
members, namely:-
(a) the Chief Commissioner; and
(b) such number of Commissioners not less than
two and not exceeding four, as may be decided
by the State Government, from time to time.
(3) The Chief Commissioner and the Commissioners
shall be appointed by the State Government.
(4) The general superintendence, direction and
management of the affairs of the Commission shall
vest in the Chief Commissioner, who shall be
assisted by the Commissioners.
(5) The Chief Commissioner shall be appointed from
amongst the retired officers of the State
Government who had held a post not lower in rank
than that of an Additional Chief Secretary to the
Government of Assam having wide range of
experience in the field of Public Administration.
(6) Not less than two Commissioners shall be appointed
from amongst the persons who have held a post in
the State Government not lower in rank than that of
a Commissioner and Secretary to the Government
of Assam and in case it is decided by the State
Government to appoint more than two
Commissioners, the rest of the Commissioners shall
be appointed from persons of eminence in public
life with wide knowledge and experience in the field
of Law, Science and Technology or Social Services.
(7) The Chief Commissioner and the Commissioners
shall not be a Member of Parliament or Member of
the Legislature of any State or Union Territory or
hold any other office of profit or connected with any
political party or carrying on any business or
pursuing any profession.
(8) The Head Office of the Commission shall be at
Guwahati or at such other place as the State
Government may notify, from time to time.
9
(9) The Commission shall be a body corporate, known
by the name as mentioned in sub-section (1) having
perpetual succession and a common seal with
power, subject to the provisions of this Act, to
acquire, hold and dispose of property, both movable
and immovable and to contract and shall, by the said
name, sue or be sued.
Terms of Office
and conditions of
service
8B. (1) The Chief Commissioner shall hold office for a term
of five years from the date on which he enters upon
his office and shall not be eligible for
re-appointment:
Provided that no Chief Commissioner shall hold
office as such after he has attained the age of
sixty-five years.
(2) Every Commissioner shall hold office for a term of
five years from the date on which he enters upon his
office or till he attains the age of sixty- five years,
whichever is earlier, and shall not be eligible for
re-appointment as such Commissioner:
Provided that every Commissioner shall be
eligible for appointment as the Chief Commissioner
on vacating office by the Chief Commissioner, in
the manner as specified in sub-section (3) of section
8A:
Provided further that where the Commissioner is
appointed as the Chief Commissioner, his term of
office shall not be more than five years in aggregate
as the Commissioner and the Chief Commissioner.
(3) The Chief Commissioner or a Commissioner may,
at any time, by writing under his hand resign from
his office:
Provided that the Chief Commissioner or a
Commissioner may be removed in the manner
specified under section 8C.
(4) The salaries and allowances payable to and other
terms and conditions of service of,-
(a) the Chief Commissioner shall be the same as
that of the Chief Secretary of the State
Government.
10
(b) the Commissioners shall be the same as that of
the Commissioner and Secretary of the State
Government:
Provided that if the Chief Commissioner or
a Commissioner, as the case may be, at the
time of his appointment is, in receipt of a
pension, other than a disability or wound
pension, in respect of any previous service
rendered by him under the Government of
India or the Government of a State, his salary
in respect of the service as the Chief
Commissioner or a Commissioner shall be
reduced by the amount of that pension
including any portion of pension which was
commuted and pension equivalent of other
forms of retirement benefits excluding pension
equivalent of retirement gratuity:
Provided further that, if the Chief
Commissioner or a Commissioner, at the time
of his appointment is, in receipt of retirement
benefits in respect of any previous service
rendered in a Corporation established by or
under any Central Act or State Act or a
Government Company owned or controlled by
the Central Government or the State
Government, his salary in respect of the service
as the Chief Commissioner or a Commissioner
shall be reduced by the amount of pension
equivalent to the retirement benefits:
Provided also that the salaries, allowances
and other conditions of service of the Chief
Commissioner and the Commissioners shall
not be varied to their disadvantage after their
appointment.
(5) The State Government shall provide the Chief
Commissioner and the Commissioners with such
officers and employees as may be necessary for the
efficient performance of their functions under this
Act, and the salaries and allowances payable to and
the terms and conditions of service of the officers
and other employees appointed as such for the
purpose of this Act shall be such as may be
prescribed.
11
Removal of the
Chief
Commissioner
and the
Commissioners
8C.
(1) The Chief Commissioner or a Commissioner shall
be removed from his office only by order of the
State Government on the ground of proved
misbehavior or incapacity, if established by an
enquiry conducted by a retired Judge of the High
Court.
(2) The State Government may suspend the Chief
Commissioner and Commissioners from office, and
if deems necessary prohibit them also from
attending the office during inquiry.
(3) Notwithstanding anything contained in sub-section
(l), the State Government may by order remove
from office the Chief Commissioner or a
Commissioner if the Chief Commissioner or a
Commissioner, as the case may be ,-
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the
opinion of the State Government, involves
moral turpitude; or
(c) engages during his term of office in any paid
employment outside the duties of his office; or
(d) is, in the opinion of the State Government,
unfit to continue in office by reason of
infirmity of mind or body; or
(e) has acquired such financial or other interest as
is likely to affect prejudicially his functions as
the Chief Commissioner or a Commissioner.
Powers and
functions of the
Commission
8D.
(1) It shall be the duty of the Commission to ensure
proper implementation of this Act and to make
suggestions to the State Government for ensuring
better delivery of services. For this purpose, the
Commission may,-
(a) entertain and dispose of appeal under section 8;
(b) recommend Departmental action against any
officer or employee of the State Government
who has failed in due discharge of functions
cast on him under this Act;
12
(c) recommend changes in procedures for delivery
of services which shall make the delivery more
transparent and easier:
Provided that before making such a
recommendation, the Commission shall consult
the Authority of the concerned Administrative
Department which is to deliver the services;
(d) recommend steps to be taken by Public
Authority for efficient delivery of Public
Services.
(2) Subject to the previous approval of the State
Government, the Commission shall frame
regulations, not inconsistent with the provisions of
this Act and rules made thereunder, for regulating
its own procedure and disposal of its business.
(3) The regulations made under sub-section (2) shall
be published in the Official Gazette.
Action by the
Government on
recommendations
of the
Commission
8E. The State Government shall consider the
recommendations made by the Commission under
clauses (b) (c) and (d) of sub-section (1) of section 8D
and send information to the Commission of action
taken within thirty days or such longer time as may be
decided in consultation with the Commission. In case
the Government decides not to implement any of the
recommendations of the Commission, it shall
communicate the reasons for not acting on such
recommendations to the Commission.]
1[Penalty
9. (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.
13
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