The Assam Right to Public Services Act, 2012

Registered No.-768/97
THE ASSAM GAZETTE
EXTRAORDINARY  
PUBLISHED BY THE AUTHORITY
194 C T’ , 2012, 12 ^ 5 t ,  1934 (W )
No. 194 Dispur, Wednesday, 2nd May, 2012, 12th Baisakha, 1934 (S.E.)
GOVERNMENT OF ASSAM
ORDERS BY THE GOVERNOR
LEGISLATIVE DEPARTMENT :: : LEGISLATIVE BRANCH
NOTIFICATION
The 2nd May, 2012
No. LGL18/2012/57.- The following Act of the Assam Legislative Assembly which received 
the assent of the Governor is hereby published for general information.
ASSAM ACT NO. IX OF 2012
4 .s is S
(Received the assent of the Governor on 27th April, 2012)
THE ASSAM RIGHT TO PUBLIC SERVICES ACT, 2012
 
1190 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 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.
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;
 
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 1191
(b) "application" means a written request by an eligible 
person to provide notified services under this Act;
(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;
A (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) "Reviewing Authority" means an authority including 
one belonging to the local self government who is 
notified as such under section 4;
(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;
)

1192 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012
Notification of 
services, 
Designated Public 
Servant, Appellate 
Authority, Reviewing 
Authority, User 
Charge and stipulated 
Time Limits
(i) "notified service" means any service notified by the State
Government under section 4;
(j) “State Government" means the Government of Assam;
(k) "stipulated time limit" means maximum tim e to provide the
service by the Designated Public Servant or to. decide the 
appeal by the Appellate Authority and Reviewing Authority 
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 A c t;
(n) "Year" means the calendar year commencing on the 1st day
of January of the Year and ending on the 31st day of 
December.
4. The State Government may, from tim e to time, notify the 
services including provisions for fast track service delivery ("Tatkal 
Sewa"), Designated Public Servants, Appellate Authorities, 
Reviewing Authorities, User Charge, Stipulated Time Limits, and 
the area of the State to which this Act shall apply.
Right of citizens to 
obtain tim e bound 
delivery of services
5. Every eligible person shall have the right to obtain the services 
in accordance with this Act within the tim e bound period as 
notified under section 4.

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 2012 1193
Liability of 
Government 
Servant to  deliver 
services w ithin the 
stipulated period
Providing notified 
services w ithin 
stipulated tim e 
lim it
Appeal 8.
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 
o f any other officer or employee connected w ith 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.
7. (1) The stipulated time lim it 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 tim e lim it, 
provide the notified service or reject the application and fn 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
(tii) the particulars of the Appellate Authority.
(1) Any person, whose application is rejected under sub­
section (2) of section 7 or who has not been provided the notified 
service within the stipulated time lim it, may file an appeal to the 
Appellate Authority within thirty days from the date o f rejection 
of application or the expiry of the stipulated time lim it. Filing of 
such appeal shall be duly acknowledged by the Appellate 
Authority by providing the Appellant a signed receipt of the
same:

1194 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012
Provided that the Appellate Authority may admit the 
appeal after the expiry of the period of thirty days but in no 
case beyond sixty days from the date of rejection of application 
or the expiry of the stipulated time limit for delivery of that 
particular notified service, if he is satisfied that the appellant 
was prevented by sufficient cause from filing the appeal in time:
Provided further that in case of rejection of an 
application for a notified service for which any other law for 
the time being in force prescribes remedy, the applicant shall 
follow the process under such law for the time being in force.
(2) (a) 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 of 
rejection in his order.
(b) Along with the order to provide the notified service, the 
Appellate Authority may impose penalty according to the 
provisions of section 9 of this Act.
(3) The Designated Public Servant or the Applicant aggrieved by 
any order of the Appellate Authority, may make a second 
appeal within thirty days from the date of that order to the 
Reviewing Authority, who shall dispose of the appeal according 
to the prescribed procedure:
Provided that the Reviewing Authority may entertain 
the second appeal after the expiry of thirty days but in no case 
beyond sixty days from the date of order of the Appellate 
Authority, If he is satisfied that the appellant was prevented by 
sufficient cause from filing the appeal in time.
(4) If the Designated Public Servant does not comply with 
provisions of the order for providing the notified service under 
sub-section (2) of section 8, the applicant aggrieved by such 
non-compliance may submit an application to the Appellate 
Authority who shall dispose of the application as per provision 
of sub-section (2) of section 8 :

THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 1195
Penalty
J
Provided that the Designated Public Servant or the 
Applicant aggrieved by any order of the Appellate Authority, 
may make an appeal within thirty days from the date of that 
order to the Reviewing Authority, who shall dispose of the 
appeal according to the prescribed procedure.
(5) The Appellate Authority and Reviewing Authority shall , while 
deciding an appeal under this sectfon, have the same powers as 
are vested in a Civil Court while trying
a suit under the Code of Civil Procedure, 1908 in 
respect of the following matters, namely
(a) requiring the production and inspection of documents;
(b) Issuing summons for hearing to the Designated Public 
Servant and appellant; and
(c) any other matter which may be prescribed.
9- (1) (a) Where the Appellate Authority is of the opinion 
that the Designated Public Servant has failed to 
provide the notified service without sufficient and 
reasonable cause, he may impose a lump-sum penalty 
at the rate specified from time to time as prescribed in 
the rules framed under this Act.
(b> Where the Appellate Authority is of the opinion that 
the Designated Public Servant has caused delay in 
providing the notified service without sufficient and 
reasonable cause, he may impose a penalty at the rate 
specified from time to time as prescribed in the rules 
framed under this Act for such delay on the Designated 
Public Servant:
Provided that the Designated Public Servant 
shall be given a reasonable opportunity of being heard 
before any penalty Is imposed on him.
(2) Where the Reviewing Authority is of the opinion that 
the Appellate Authority has failed to decide the appeal 
within the stipulated time limit without any sufficient 
and reasonable cause, he may impose a penalty on 
Appellate Authority at the rate specified from time to 
time as prescribed in the rules framed under this Act:
Central Act
5 of 1908

1196 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012
Non-Compliance 
amounting to 
misconduct
Bar on 
jurisdiction of Civil 
Court
Power of the State 
Government to send 
the applications to 
Appellate Authority 
directly
Protection of action 
taken in good faith
Provided that the Appellate Authority shall be given a 
reasonable opportunity of being heard before any penalty is 
imposed on him.
(3) The penalty as imposed under the above provisions of the 
Act shall be charged from the Designated Public Servant, Appellate 
Authority and concerned subordinate staff, as the case may be and 
in the proportion to be decided by, the Appellate Authority or the 
Reviewing Authority, as the case may be, as prescribed in the rules 
framed under this Act from time to time.
(4) The penalty so imposed shall be in addition to that 
provided in any other Act, rules, regulations and notifications 
already existing.
10. Non-compliance of the orders of the Appellate Authority, 
unless pending in second appeal or modified by the Reviewing 
Authority, or of the orders of the Reviewing Authority shall amount 
to misconduct and make the concerned person liable for actions 
under related provisions, including those that have been laid down 
for disciplinary action.
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.
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.
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

THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 2012 1197
Overriding effect of  
the Act
Power to make rules
Power to remove 
difficulties
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.
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.
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.
♦
MOHD. ABDUL HAQUE, 
Secretary to the Govt, of Assam, 
Legislative Department, Dispur
G u w ahatiP rinted and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-2l.  
Ex. Gazette No. 387 -600 + 3 0 0 -2 -5 -2 0 1 2 .
 
 

‹ Prev All Assam acts Next ›