The Delhi (Right of Citizen to Time Bound Delivery of Services ) Act 2011

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Dated~ the A~:o::ll,
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NOTIFICATIO."
(1" J BE P USBED IN PART-IV OW THE DE GAZETIE-EXTRAOlIDIDi ~·.:i:~:.y'
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELlE' MJ[
(DEP ARTMENT OF LAW, JUSTICE & LEGISLATIVE AFFAIRS)
~ LEVEL, C-WING, DELffi SECRE ARIAT, NEW DELID
~-2~1'1/ ~jJlf0
NO.F.1I:(3)ILA-2~111 ~j;!{() .- The following Act of the Legislative Asserr..'.:·;y(
National Capi Territory of Delhi received the assent of the Lt. Governor ofDelhi nil t:
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Apnl, 2011 and is hereby pu\>lishedfor general'iriformation:-
'""THE DELID (RIGHT OF CITlZE TO TIME BOUND
DELIVERY OF SERVICES) ACT, 2011
, . ", (DELID ACT 07 OF 2011)
(As passed by the Legislative Assembly oJ the National Capital Territory of Delhi c,:, tb
March, 2iH 1)
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P.n Act to provide for the delivery of services'to dle citizens in the Nc.~',':'i1a
Territc0' of Delhi within the stipulated time limit, including liabilities of the govem:':~,~:nt
in case of default and for matters connected therewith or incidentalthereto.
BE it enacted by the LegislativeAssemblyof the National Capital Terri:,~~'
Delhi in the Sixty - second Year oft.l}eRepublic of India as follows:-
CHAPTER-l
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PRELIMINARY
1. Short title, exte~t commencement and application ... (1) This /-,c'I
may be ~Iled the Delhi (Right of Citizen to 11 e Bound Delivery of SeNlc5:s~
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'1\<:1:$to·the whole of National Cap' 'TerritOfy of Delhi.
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(3) It ~haj come into force on such date as .e Government may. by
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notification, c.ppoint.
,(4) This Act ~ aU apply to government servants a pointe~ substantively to
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any civil'services or po~ts..in connection with the affairs of the Government of
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National Ca;1itat Territory of Delhi and to the .servants of local bodies and
authorities whic are owned, controlled' or substantially financed by that
Govemmen ~, but shan not apply to-
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(i) perscns appointed on casual or daily rates basis~
(ii) perse os employed on contract except when the contract provides
otherwise; ,
(iii) .persons hose terms. and' conditions of 'servicesare regulated by or
under the provisions of the Constitution.
2. Deri:litio s.-In this Act; unless the context"O e'rWis8requires, -
(a) "Ap?sllat Authority" means an officer appointed by the Govemment~or,
locoi· bo Yz as the ~se may be, by.notification, invested with the power
to h~ar ppeats against the orders p.a5sed by any competent officer
und'i;r this Act
(b) "citi7..en' related'services" include the 5e ices as specified in the
Schedule;, ','
(c) "competent fficer" means an officer appointed y the Government or
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local body, nder sec~ion S of this Act.. by noti~cation, who shall be
amp·::,.,fared to impose cost on the government servant defaulting or
delaying the delivery of services in accordance ith this Act;
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(d) -"Delhi" mea s the National CapitalTerrit<?ryof Delhi;
(e) "depc:rtment" m~aQs. ~ depar-r:nentof the·<;;overnment or department of
a local body, as the cas~ may be;
(f) "Governme tit means the Lieutenant Governor of the National Capital
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. Territcry of Delhi 'appoiot3d :JY the President under article 239 and
desis{",ated as such under artide 239 Aft. of the onstitution;
(g) "governme t servant" means a. person appointed substanti\lelyto any
civil service or .post in..corme:tion with the .affairs of the Government
inducing, person working cn deputation basis; and person appointed in'
a locc.i body which is owned, controlted or..substantiaily financed'by that
Governme t.;
(h) ~loc8: bo y~ inoludes S:1Y public authority, municipality. Delhi
CantG~me t Board, Delhi .Jai Board, Town Planning At,rthority. Delhi
Development Authority or any other body or authority, by whatever
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name ~ led, for. the tir:-'e,being inve~ted ~ : law to render essential
servic,:;s o~ public utilil_ withil) ,the territo of-. Delhi. or to contiol,
manage or regulate such ser.viceswithin a specified local area thereof;
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"notiftcati n
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meaf1$(;l Qot~c:ation published in the officia'l Gazette;' :..
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"pujlk~ authority" means any authority or body or institution of self­
governance estqblishea or constituted (i) by or under the Constituti~n;
(ii) ,by any ,other layv mad~ by ParJiame~t; (hi? by al)Y law made by the
Legis.Slture of a State or Union territory; (iv) ya notification issued or
ord~r mad~ by the G veroment; and· incl d.es (a) a body ow~ed,
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cor:tr.olled or substantia '!y financed b'y th G~"vernrr1ent; (b) a non·
government organization substantially financed, directly or indir~ctly, by
the funds proyided by th~ Governmeflt; and (c) an organization or body
corperst in its' ~pa~itY"as' an instrumentality of 'State' as defined
under a icle 12 of the COl1stitution and rendering services of public'
utility in elhi;
(k) "rule" means a· rule made I:>y toe Government under this Act. by
notificati n;.
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"Sciledule n means the Schedule appended to this Act;
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(m) "year" mz;.an .a calendar year commencing on h.e 1st day of January
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and endii:g on the 31st day of December.
CHAPTER-II
CITIZE '5 r~iG T TO TIME BOUi\JODELIVERY SERVlCES,AND-'" •.
PROCEDURE 30VERNING FIXING OF LIABILITY I CASE OF -DEFAULT,
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3. .Right of citizen' to obtain -time bound deliv
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of services.- ~yery
citizen shall n2'fe the right to obtain ite citizen related servi<?es in Delhi in
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accordance with t is Act within t1e time bound period.. as stipulated in the
Schedule:
Provided that the Government shall be entitled 0 amend and revis~ the
Schedule from :ime to time·by notification.
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4. Uabilf.tv 0 government servant to deliver servicas within the
stipUlated per~od.:" Every'government serVant shall be drity bound to delive~:~.
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citizen' related 'serviCes'as specified in the Sche~ule.' ithin th~ time peFiod as
stipulated in ~he Sche~ule.
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5. Monitoring"the ~tatus o~ the apptication.-:(1) Every citizen. having
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applied for any citizen related services shall be provided an application. , . " .
nu~ber by the conCerned ,d~pal1ment, or l~cal body, as the case may be, and
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shail be entitled to obtain zne monitor status o' his application online ir.
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accordG.:~ce ith su~ pro~~r6 as may be ?rescrib~.
(2). .The departm~nt or local body, C;lS the.. case may be, shall maintair:
status of .all a plications ..governing cruzen related servi~e~ "dnline and:snalt be
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duti, bOJnd to update the status of the, same as per the procedure as
prescrib3d by rules in this'regard.
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6. €-governance of serv!ces through mutuai understanding.- The
government shall endeavor and encourage all the departments, local bodies
and auh-Jorities of the government to ~nter by mutual understanding to deliv6,'
their re~pective citizen related services in a stipul~~ed time period_as part of €-
governance.
7. Uability to pay cost.~ Every govemme t servant who fails to detive;. .. r .. ':
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the citi:::::;nre ated services to a citizen within, the stipulated time as stipu!atec:,
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in ~he Sched~le, shall be liable to pay cost at the rate of ten rupees per:.da'.'
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for the 'period of. delay sUbject. to . maximum f two hundred ,.rupees pe:-
application, .in aggregate: whicn' shall' be payable by him to the citizen a~
compensatory cost.
.8. Payme~~.·Of :compensatory cost to" ',~' citizen.- At the' time or
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deliyery of ,citiz~n related servic~s, the citizen havi~g applied for such services
shan be entitle to seek compensatory cost in acco dance with the provisi £:13
of this Act and he" rules made ti:lereunde~, in case ot delay ~n t~c delivery c.~
such services, 'beyond the period presc~b~d' in the chedule. '
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9. ppoin ent of compe't~Hit officer.- (1),
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e Government and irf the
case of. a local body, the'local body concerned, shall appoint, by notmcatior:,
an .offiC9f r,ot b~Jow the rank of Deputy Secretary or its equivalent rank in th~;
case 0'; local body, to act a~ competent- Qffif:~er erppowered to impose cost. . ,. . . .
against the government servant defaulting or delaying the delivery of services
in accordance ith this Act.
(2) The Government or theiocal body conce ad: as the case may be,
shall for the purpose of payment of cost, confer the competent officer the
procedure and rules ,as applicable.
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'10. Proce ti-r~ g~ve~i':'g:fiX!ng 'of liability.- 1) Within a period of
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cost, the competent officer.
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fifteen ~ays ,of ~he' payment 'Of such compensato
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powers of drawlng and disburSement ?fficer in accordance with the law,
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,,~) On sl;lth 'demand' of' compensatory cost by the citizen, at the 'time ~ pf
delivery of citizen related',services, rt shall be the duty of the competeflt officer
to pay such cost to the citizen: against acknowledg ent and receipt as per the
fo..malas p'3scn~.d in the. rules. .. .~
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after condu,.;iing pr~liminary enci"'try, shall. issue notice against the ,/
. government .s~rvant found respC?nsib!efor the delay in 'd }ivei)! :oi such citizen
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related servic::s, eallinf,} upon him as "0. why the compe satory cost paid to the. . . .
citi~en may not be recovered from him.
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(2)
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The 20vern ent servant against whom such notice is issued may",
represent within a period of seven days from the date of receipt of such
notice. In·case no. uch repr~.sen~2ti~;·.i~,r~ceive,d. by the co~petent officer
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within the' prescribed period ~r the explanation received, r any, is not found
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satisfactory. the competent officer shall' be entitled to issue debit note
directing sllch defaulting government servant either to deposit the cost as
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stipulated in the debit note or di~ectil1g ts'1e accounts officer concerned to debit
the salary of such government servant .for the amau t as mentioned in the
debit note:
Prov;deG that if the competent officer finds reasonable and justified
grounds in 'favour of such government servant and-co , es to the conclusion. .
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that the delay in th ,delivery of services to the citizen was not attributable to "..
him but was attributable to ~ome other government serv~nt, it shan be lawful
for the competent ffieer to witttdraw tOe notice against him and issue fresh
show cause notice to' such olher·government servant as found responsible for
the delay,and shall follow the procedure mutatis-muta~dis as stipulated in this
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sUb-se~tion and ~·u ~~ction (1) of this section.
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(3) , , While flXing the liability. ~nder this Act, .the competent officer shall follow /
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the principle~ of natural justice cefore passing the orqer in that respect
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. 'RIGHT-OF APPEAL AGAIi\~ST THE ORDE FIXING LIABILITY'" ~',.
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,. 11. Right of appeal.- (1) Any government sel:Vant aggrieved by the order
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! ' pa'ssed by the comp~tent officer in acco~dance with sections 9 and 10 shall be,
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entitled to ~'iie an appeal to the Appell~te Auth!'rity against such order within a.
period not exceeding thirty days of the receipt of the impugned order. The
order of the Appenate AuthoritY shell be final and binding:
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(2) For the purpose of' this section, 'the Gave lJlent or the local body
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concerned., as e case may be, shall appoint,an officer to be the Appellate'
Officer to hear and decide appeats against the order passed by the competent"'·
officer~ The Appellate Offlc~r shall not be 'below the rank of Joint Secretary of
,the Government or its'equivalent rink in the case of a local body.
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CH.-4.PTER...IV
MISCELLANEOUS
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12. Deve~cpin9 ulture to deli 'arsarvices within axed period.- (1) The
defaults ~:m tr,e pa
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of governmenf servant in the fme bound d~livery of
citizen related servO005 as defined in this Act shan no be counted towards ...·, .
misconduct as the purpose and obJect is to sensitize: the pUblic servant,
towards the citizen and to. enhance and imbibe' a,'culture to deliver time bound
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services to ~he citizens.
(2) In case of habitual defaulter, the competent oift or shaU be competent
to take appropriate-admlnistrative,o.ction after record ins afinding to this effect
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but not before giving a show cau~,a notice and apport ntty of hearing to the
defaUlting !:)ervant
Explanatio .- For the purpose of this sub-~ection. a government
servant shall be d emed to be habit'u'al def~lUlter in case he incurres more'.
than twenty five def~ults. in on~ ye:::r.
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(3) To 'en¢ourags,and enh'~:mce,the, efficiency .<;>f,thegovernment s~rvants.
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it shall' be lav'.itulfor the ,.compete:1t officer to recorrimend cash incentive not
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ex~eeding'_ flYe 'thousand rupees in aggregate in favour of a government
seIVant agains~>whom no, deff,u!t is reported i . one year. On such
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recommenda.;on, the Gov~mment or :he I~at body concemed, as the case
may be, shaH be competent to grai1t'.such incentive as it deem frt and proper,
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not exceeding the amount as recommended i;>y competent officer, alongwith
certificate of z.ppreciation.·
13. DeemEd servics" conditi~n.- The provisions ,of this Act shall be',
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deemed to. be part of service condrJ0S!s'of the government servants including
such servants of local bodies of the Government.
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14. Supple·~ent.- The provisions of this Act snail be supplemented to the
discipfinary nd financial rules and such other service rules and regulations as
applicable t the employees of the Government or locaf body concerned, as .
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the case may ~')e, and not in derog~non to such service ruies and regulations
governing the sarvice condition and 'conduct of. e government employees or
the employees of the.local body conceme~.
15. Powe t~) rna.ka rules ... (1)The Government may, by notitlcation, make " .
-- (2) In particulars!. and· ~Jithout prejudice to
rules for carrying out the pr~visions of this Act..
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e 'generality of the forgoing
P9wer,.such rules ~aY:Pl'9vide for'all.or any of the following matters, namely :-. . ..
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(a) the ma~nler and the forms of giving notice under this Act;.. .....~ . '.
(b) tt.::: procedure govemir:g p;-eliminary enquiry and adjudication by
.the compe~ent officer gover~ing fixing of li~bii~~ of co~t;
.(c) tbe procedure governing adjudication of; appe~ls by the
appellate authori,ty;
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(d) U·.3 p ocedure pertaining to application governing citizen re'~ted~". .
s·.=;rvices;
(e) the rocedure goveming generation' of application number-
oniine; ,
(f)' t:~.e procedure goven1ing managing; maintaining, operating of
c .~llin status of the appIi~tions of citize related services;
(9) c.rlY other matter which is iequired to be, r may be prescribed .
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(3) Every rule made under this Act by the Government' shall be laid, as. . .. .'
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soon as may :)e after it is made, 'before t'1e Legisla 've AssemblY of Delhi,
while it is in session, for a total period ~f thirty pays ich may be comprised
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in one, session or in two or more· successive sessions, and if before the expiry
of session immediateiy following -the session or the successive sessions ':,
aforesaid, the l...egislative·Assembly agrees in making any modification in the
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rules or the A~se bly agrees that ti1e rule should not be made, the rule shall
thereafter have effect- only 'in such modified form or ·be of' no effect, as the
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case may 1;>e;·so, however, that:any such modification or annulment shall b~ .
without prej~di~ to tR~ ~~nQi~ OfanYthi~g.previOU,SIY ,don~ under ~~e rui~ ...:'.. ..' .,
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16. Power ~;o remove diffici.ilti-as.- (1). If any difficulty arises in g~ing
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effect to the provisions of.this 0ct). the Government rna •by order published in, .'
the official gazette; make such provisions not inconsi ten~. with the provisions'
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of this Act. as ap ear to it· to be necessary or expedient for removing the. ..
difficulties:
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Provided that no such orde s shall be made after t~e expiry of a period -
of two years frc:Tl e'date of commencementof this Act.
(2) Every order made under .thi~ section shall,' as soon as may be, after it
is made, be laid before the legislative Assembly of Delhi.
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