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The Haryana Right to Service Act, 2014

Haryana · state statute
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104 HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 
(CHTR: 5, 1936 SAKA) 
  
HARYANA GOVERNMENT 
LAW AND LEGISLATIVE DEPARTMENT 
Notification 
The 26th March, 2014 
No. Leg. 7/2014.—The following Act of the Legislature of the State of 
Haryana received the assent of the Governor of Haryana on the 22nd March, 2014, 
and is hereby published for general information -— 
(HARYANA ACT NO, 4 OF 2014) 
THE HARYANA RIGHT TO SERVICE ACT, 2014 
AN 
ACT 
io provide for the delivery of service to eligible person within the notified time 
limits and for matters connected therewith and incidental thereto. 
Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth 
Year of the Republic of India as follows:— 
Shart title 1, This Act may be called the Haryana Right to Service Act, 2014. 
Definitions 2. Im this Act, unless the context otherwise requires,— 
(a) “Commission” means the Haryana Right to Service Commission 
constituted under section 12, 
(b) “days" means the working days referred to as the time limit: 
(c) “Designated Officer” means an officer as notified under 
section 3; 
(d) “eligible person” means a person who Is eligible for obtaining 
services notified under section 3, 
fe) “First Grievance Redressal Authority” means an officer who is 
notified as such under section 3, 
(f) “prescribed” means prescribed by rules made under this Act; 
(2) “right to service” means a right to obtain the service within the 
notified time limit; 
(h) “Second Grievance Redressal Authority” means an officer who 
is notified as such under section 3: 
(i) “section” means a section of this Act: 
(j) “service” means service notified under section 3; 
tk) “State Government” means the Government of the State of 
Haryana; 
(1!) “time limit” means maximum time to provide the service by the 
Designated Officer as notified under section 3.
HARYANA GOVT, GAZ. (EXTRA.), MAR. 26. 2014 105 
(CHTR. 5, 1936 SAKA) 
  
3. (Ll) The State Government on the recommendations of the 
Commission may, by notification from time to time, notify the services and time 
limit to which this Act shall apply, 
(2). The State Government may, by notification, notify the Designated 
Officer, First Grievance Redressal Authority and Second Grievance Redressal 
Authority. 
4, The Designated Officer shall provide the service to the eligible person 
within the notified time limit, 
5. (1) Anetigible person shall make a duly filled in application to the 
Designated Officer for obtaining any service. 
(2) The Designated Officer shall, on receipt of an application under 
sub-section (1), provide service or reject the application within the notified time 
limit and in case of rejection of application, shall record the reasons in writing and 
intimate the same to the applicant. 
(3) Every Designated Officer shall maintain detailed record of services 
applied for, in such format, as may be prescribed, 
(4) Notified time limit shall start from the date when requisite 
complete application for notified service is received by the Designated Officer or 
a person subordinate to him authorized to receive the application, Such application 
shall be duly acknowledged. 
6. (lh) Any eligible person, whose application for obtaining service is 
rejected under sub-section (2) of section 5 or who is not provided the service 
within the notified time limit, may file an appeal to the First Grievance Redressal 
Authority within thirty days from the date of rejection or the expiry of the notified 
time limit, as the case may be: 
Provided that the First Grievance Redressal Authority may admit 
the appeal after the expiry of thirty days if it is satisfied that the appellant was 
prevented by sufficient cause from filing the appeal in time. 
(2) On receipt of an appeal under sub-section (1), the First Gnevance 
Redressal Authority shall consider the matter and if, in its opinion the grievances 
of the eligible person appears to be genuine, it may direct the Designated Officer to 
provide the service within seven working days. or such period as may be specified 
by it and in case of default, to appear before it in person and explain reasons 
thereof. 
(3) After.affording an opportunity of hearing to the Designated Officer 
and the eligible person, the First Grievance Redressal Authority may pass a reasoned 
order in writing either accepting the appeal or rejecting the same. Decision in 
appeal shall be communicated to both the parties by registered post. 
Notification of 
services, ime 
limit, Designated 
Officers, First 
Grievance 
Redressal 
Authority, Second 
Grievance 
Redressal 
Authority. 
Providing of 
service 
Procedure for 
obtaining service. 
First appeal.
Second appeal. 
Power 10 summon 
and inspection 
Penalty. 
106 HARYANA GOVT. GAZ. (EXTRA), MAR. 26, 2014 
(CHTR, 5, 1936 SAKA) 
  
(4) Anappeal made under sub-section (1) shall be finally disposed of 
by the First Grievance Redressal Authority within a period of thirty days of its 
receipt, 
7. (1) Anycligible person, whose appeal for obtaining service is rejected 
or who is not provided the service within the time specified in the order accepting 
the appeal by the First Grievance Redressal Authority under section 6, may file an 
appeal to the Second Grievance Redressal Authority within sixty days from the 
date of such rejection or the expiry of the time specified by the First Grievance 
Redressal Authority: 
Provided that the Second Grievance Redressal Authority may 
admit the appeal after the expiry of sixty days if it is satisfied that the appellant was 
prevented by sufficient cause from filing the appeal in time. 
(2) On reecipt of an appeal under sub-section (1), the Second 
Grievance Redressal Authority may passa reasoned order in writing etther 
accepting the appeal and directing the Designated Officer to provide service to the 
eligible person within seven working days or within such period, as may be 
specified or reject the same in writing detailing the reasons for.such rejection: 
Provided that before rejecting the appeal, an opportunity of 
hearing to the eligible person shall be granted by the Second Grievance Redressal 
Authority: 
Provided further that an order made by the Second Grievance 
Redressal Authority under this section shall be communicated to both the parties 
by registered post: 
Provided further that the appeal made under sub-section (1) shall 
be decided by the Second Grievance Redressal Authority within a period of sixty 
days from the date of receipt af appeal, as far as possible. 
8 The First Grievance Redressal Authority and the Second Grievance 
Redressal Authority shall, while deciding an appeal under the provision of this 
Act, have the same powers as are vested in civil court while trying a suit under the 
Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, 
namely:— 
(a) requiring the production and inspection of documents; 
(b} issuing summons for hearing to the Designated Officer and the 
appellant; and 
(c) any other matter, which may be prescribed. 
9, (1) Where the Second Grievance Redressal Authority is of the 
opinion that the Designated Officer and/or any other official involved in the process 
of providing such service has failed to provide service without sufficient and 
reasonable cause, it may impose a lump sum penalty on the Designated Officer 
and/or any other official involved in the process of providing such service, which 
shall not be less than two hundred and fifty rupees and not more than five thousand 
rupees in each case.
HARYANA GOVT. GAZ, (EXTRA.), MAR. 26, 2014 Lo? 
(CHTR. 5, 1936 SAKA) 
  
(2) Where the Second Grievance Redressal Authority is of the 
opinion that the Designated Officer and/or any other official involved in the process 
of providing such service has/have caused undue delay in providing the service, it 
may impose a penalty up to the rate of two hundred and fifty rupees per day for 
such delay on the Designated Officer and /or any official involved in the process of 
providing such service, which shall not be more than five thousand rupees in each 
Case: 
Provided that the Designated Officer and/or any other official 
involved in the process of providing such service shall be given a reasonable 
oppertunity of bemg heard before any penalty is imposed under sub-sections (1) 
and (2), 
(3) The Second Grievance Redressal Authority may, by an order, 
give as compensation an amount up to one thousand rupees to the appellant to be 
paid by the Designated Officer or amy other official, as the case may be. 
(4) The Second Grievance Redressal Authority may, if it is satisfied 
that the Designated Officer and/or any other official involved in the process of 
providing such service has/have failed to discharge the duties assigned under this 
Act without sufficient and reasonable cause, recommend disciplinary action against 
the defaulters under the service rules applicable to them in addition to the penalty 
imposed under sub-section (1). 
10, Any person who is aggrieved by any order of the Second Grievance 
Redressal Authority, may file revision before the Commission within a period of 
ninety days from the date of such order: 
Provided that the Commission may entertain the application after the 
expiry of the said period of ninety days, if it ig satisfied that the revision could not 
be filed in time due to a reasonable cause. 
11. Notified services under this Act for which time limit have been framed 
shall be displayed locally and on website by the Secretary of the Department 
concerned for information of the public. 
12. (1) The State Government shall constitute a Commission to be called 
the Haryana Right to Service Commission for the purpose of this Act. 
(2) The Commission shall be a statutory body, known by the aforesaid 
name 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, 
(3) The Head Office of the Commission shall be at Chandigarh or 
Panchkula, as the State Government may notify. 
13. (1) The Commission shall consist of a Chief Commissioner and upto 
four Commissioners and their appointment shall be made by the Governor on the 
recommendation of a Committee consisting of the Chief Minister, who shall be 
the Chairperson of the Committee, leader of the opposition and one Cabinet 
Minister, to be nominated by the Chief Minister. 
Revision 
Display of 
serviers and the 
notified time Limit 
Constitution of 
Commission. 
Composition of 
Commission.
Powers of Chief 
Commissioner, 
Ten of office 
and conditions of 
service of Chief 
Commissioner and 
Cammissioners. 
LO# HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 
(CHTR. 5, 1936 SAKA) 
(2) The Chief Commissioner shall be a serving of retired officer in 
the rank and status of the Chief Secretary of the State of Haryana or Secretary to the 
Government of India. 
(3) Atleast two of the Commissioners shall be retired officers of the 
Government of Haryana in the rank and status of a Administrative Secretary or its 
equivalent rank and status in any of the services of the State, including officers of 
All India Services from the Haryana cadre and other Commissioners shall be persons 
of eminence in public life with atleast twenty years experience in management, 
law, administration or corporate governance. 
14, (1) The Chief Commissioner shall have powers of general 
superintendence and direction in the conduct of the affairs of the Commission. 
The Chief Commissioner shall preside over the meetings of the Commission as 
well as exercise and discharge the powers and functions of the Commission 
vested in him in accordance with the regulations framed under sub-section (4) of 
section 17, 
(2) In case of absence of the Chief Commissioner or a vacancy in the 
office of the Chief Commissioner, the State Government may nominate one of the 
Commissioners to perform the functions and exercise the powers vested in the 
Chief Commissioner subject toa maximum period of six months. 
(3) A Commissioner nominated to discharge the functions and powers 
of the Chief Commissioner under sub-section (2) shall not be entitled to amy 
compensation, allowance or facility in addition to what he would be entitled to as 
a Commissioner, 
15. (1) The Chief Commissioner and the Commissioners shall hold office 
for a term of five years from the date on which they enter upon the respective 
offices, or until they attain the age of sixty-five years, whichever Is earlier and they 
shall not be eligible for re-apporntment. 
(2) If a person already holding an office is appointed as the Chief 
Commissioner or the Commissioner, he shall resign or seek retirement from that 
office before joining-the Commission. 
(3) The Chief Commissioner or the Commissioner shall, before he 
enters upon his office, take an oath of allegiance before the Governor or some other 
person appointed by him in that behalf, according to the form set out for the 
purpose in the Schedule annexed to the Act. 
(4) The salaries and allowances payable to and other terms and 
conditions of service of the Chief Commissioner and the Commissioners shall be 
the same as those of the State Chief Information Commissioner and the State 
Information Commissioners, respectively as laid down in sub-section (5) of section 
j6 of the Right to Information Act, 2005 (Central Act 22 of 3005).
HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 109 
(CHTR. 5, 1936 SAKA) 
  
(5) The State Government shall provide the Commission with a 
Secretary from HCS cadre, a Secretary General and such other officers and 
employees to be hired by the Commission, as may be necessary for the efficient 
performance of the Commission under this Act, The salaries, allowances and 
conditions of service of the officers and other employces so appointed shall be 
such, as may be prescribed. 
(6) The State Government shall provide adequate funds for smooth 
functioning of the Commission. 
16. (1) The Chief Commissionet or Commissioner may, at any time by 
writing under his hand, addressed to the Governor of the State, resign from his 
olfice, 
(2) The Chief Commissioner or any Commissioner shall be removed 
from his office only by order of the Governor on the ground of proven misconduct, 
misbehavior or incapacity, after the Punjab and Haryana High Court, ona reference 
made to it by the Governor, has on inquiry, reported that the Chief Commissioner 
or any Commissioner, a8 the case may be, ought to be removed on such ground. 
(3) The Governor may suspend from office, and if deem necessary, 
prohibit also from attending the office during inquiry, the Chief Commissioner or 
the Commissioner, in respect of whom a reference has been made to the Punjab and 
Haryana High Court under sub-section (2), until the Governor has passed orderson 
receipt of the report of the Punjab and Haryana High Court on such reference. 
(4) Notwithstanding anything contained in sub-sections (1) and (2), 
the Governor may, by order, remove from office the Chief Commissioner or 
Commissioner, as the case may be, if he;— 
fa) is adjudged an insolvent; or 
(b) has been convicted of an offence which, in the opinion of 
the Governor, involves moral turpitude: or 
(c) engages during his term of office in any paid employment 
outside the duties of his office: or 
fd) is, in the opinion of the Governor, unfit to continue in office 
by reason of infirmity of mind or body; or 
ic) has acquired such financial or other interest as is likely to 
affect prejudicially his functions as the Chief Commissioner 
or Commissioner. 
(5) If the Chief Commissioner or Commissioner in any way is 
concerned or interested in any contract or agreement made by or on behalf of the 
Government of the State or participates in any way in the profit thereof or in any 
benefit or emoluments arising there from otherwise than as a member and in common 
with the other members of an ncorporated company, he shall, for the purposes of 
sub-section (2), be deemed to be guilty of misconduct. 
Resignation, 
removel and 
suspension of 
Chief 
Commissioner or 
Commissioners.
Lid HARYANA GOVT. GAZ. (EXTRA.). MAR. 26, 2014 
(CHTR. 5, 1936 SAKA) 
  
Powers and 17. (f) It shall be the duty of the Commission to ensure proper 
functions of 
Conimission, 
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) 
(b) 
ic) 
td) 
(©) 
entertain and dispose of revisions under section 10; 
i 
take suo mote notice of failure to deliver service in 
accordance with this Actand refer such cases for decision to 
the First Grievance Redressal Authority or the Second 
Grievance Redressal Authority or pass such order, as may he 
appropriate, 
carry out inspections of offices entrusted with the delivery 
of services and the offices of the First Grievance Redressal 
Authority and the Second Grievance Redressal Authority; 
recommend Departmental action against any officer ‘or 
employee of the State Government, who has failed in due 
discharge of functions cast upon him under this Act; 
recommend changes in procedures and process re- 
engineering for delivery of services which may make the 
delivery more transparent and easier: 
Provided that before making such a recommendation, the 
Commission shall consult the Administrative Secretary in-charge 
of the Department which is to deliver the service; 
(f) 
(g) 
(h) 
(i) 
recommend additional services to be notified under section 
3 and may also suggest modifications in the notifications 
already issued for better implementation of this Act: 
issue general instructions, not inconsistent with the 
provisions of this Act for the guidance of Designated Officers. 
the First Grievance Redressal Authority and the Second 
Grievance Redressal Authority; 
impose penalty on Designated Officer or any other official 
involved in the process of providing such service up to a 
sum of twenty thousand rupees, as deemed fit under the 
circumstances of the case and allow compensation up to 
five thousand rupees, to be paid to eligible person by 
defaulter: 
review its decisions, directions and arders. 
(2) Where the Commis: ‘an ig satisfied that there are reasonable 
grounds to inquire into a matter arising out of the provisions of this Act. it may, suo 
moto, initiate an inquiry in respect thereof.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 111 
(CHTR. 5, 1936 SAKA) 
  
(3) The Commission shall, while inquiring into any matter under 
this section, 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. 
namelyi— 
(a) summoning the parties; 
(bh) receiving oral evidence on oath or written evidence on 
affidavits; 
(c) requiring the discovery and inspection of documents; 
(d) requisitioning of any public record from any office; 
(e) obtaining copies of record from any court in accordance 
with law; 
(f) issuing summons for examination of witnesses or documents; 
and 
(g) any other matter, which may be prescribed, 
(4) The Commission may frame its regulations for the conduct of its 
business and any such matter, as it may deem fit only after the approv al of the State 
Goverment. 
18. (1) The State Government shall consider the recommendations made 
by the Commission under clauses (d), (€) and (f) of sub-section (1) of section 17 
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 
State Government decides not to implement any of the recommendations of the 
Commission, it shall communicate the reasons for not acting on the 
recommendations to the Commission. 
(2) The Commission shall prepare an annual report of the 
recommendations made by it under section 17 along with the action taken and 
reasons for not taking action, if any. The State Government shall cause a copy of 
this report to be laid on the table of the Haryana Legislative Assembly. 
19. (1) No suit, prosecution or other legal proceeding shall lie against 
any person for anything which is done in good faith or intended to be done in 
pursuance of this Act or any rule or any regulation made thereunder, 
(2) No act done or proceedings taken under this Act by the 
Commission shall be invalid merely on the ground of existence of any vacancy or 
by reason of defect or irregularity in its constitution or absence of any Commissioner 
in its meeting. 
30. No civil court shall have jurisdiction to entertain any suit or 
proceedings in respect of any matter the cognizance of which can be taken and 
disposed of by any authority empowered by this Act or the rules or regulations 
made thereunder, 
Action by State 
Government of 
recommendations 
of Commission. 
Protection of 
action taken in 
good faith. 
Bar of jurisdiction 
of courts
Powers Lo make 
rules: 
Power to remove 
difficulties 
Repeal and 
suvings. 
112 HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 
(CHTR. 5, 1936 SAKA) 
  
21. (1) The State Government may, by notification, in the Official 
Gazette, make rules to carry out the purposes of this Act. 
(2) In particular, and without prejudice to the generality of the 
foregoing provisions, such rules may provide for all or any of the following matters, 
namely; — 
(a) the format to maintain the records of services under sub- 
section (3) of section 5, 
(b) the procedure for disposing of a revision made under 
section 10; 
(c} salaries, allowances and conditions of service of the officers 
and other employees of the Commission under sub-section 
(5) of section 15; and 
(qd) any other matter which is required to be, or may be prescribed, 
(3) Every rule made under this Act, shall be laid, ag soon as may be, 
after it is made, before the House of the State Legislature, while it ts in session, for 
a total period of ten days, which may be comprised in one session or in two or more 
successive sessions, and if, before the expiry of the session immediately following 
the session or the successive sessions aforesaid, the House agrees in making any 
modification in the rule, or the House agrees that the rule should not be made, the 
rule shall thereafter have effect only in such modified form or be of no effect, as the 
case may be. However, any such modification or annulment shall be without 
prejudice to the validity of anything previously done under that rule. 
22. If any difficulty arises in giving effect to the provisions of this Act, the 
State Government may, by order published in the Official Gazette, make such 
provisions or give such directions, not inconsistent with the provisions of this Act, 
as appear to be necessary or expedient for removing the difficulty : 
Provided that no such order shall be made after the expiry of a period 
of two years from the commencement of this Act. 
23. (1) The Haryana Right to Service Ordinance, 2013 (Haryana 
Ordinance No. 7 of 2013), is hereby repealed. 
(2) Notwithstanding such repeal, anything done or any action 
taken under the said Ordinance shall be deemed to have been done or taken under 
this Act.
HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 113 
(CHTR. 5, 1936 SAKA) 
THE SCHEDULE 
[See section 15 (3)] 
I, __ having been appointed Chief Commissioner/ 
Commissioner in the Right to Service Commission, Haryana, swear in the name of 
God that I will bear true faith and allegiance to the Constitution of India as by law 
established, That 1 will uphold the sovereignty and integrity of India. That I will 
duly and faithfully and to the best of my ability, knowledge and judgment perform 
the duties of my office without fear or favour, affection or ill-will and [ will uphold 
the Constitution of India and the laws made thereunder. 
RAJ RAHUL GARG, 
Secretary to Government Haryana, 
Law and Legislative Department. 
§2172—L.R—H.G- PQ Chi.

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