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The Jharkhand Rajya Sewa Dene ki Guarantee Act, 2011

Jharkhand · state statute
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अधिसूचना 
30 धसतम्बर, 2011 
 संख्या एल०जी०-17/2011-173/लेज०- झारखण्ड धििान मंडल द्वारा यथा पाररत 
और राज्यपाल द्वारा दिनांक 28 धसतम्बर, 2011 को अनुमत झारखण्ड राज्य सेिा िेने की गारंटी 
अधिधनयम, 2011 का धनम्ांदकत अंग्रेजी अनुिाि झारखण्ड राज्यपाल के प्राधिकार से इसक े द्वारा 
प्रकाधित दकया जाता है, धजसे भारतीय संधििान के अनुच्छेि 348 के खंड (3) के अिीन उक्त 
अधिधनयम का अंग्रेजी भाषा में प्राधिक ृ त पाठ समझा जाएगा । 
[Jharkhand Act, 20, 2011] 
JHARKHAND RAJYA SEWA DENE KI GUARANTEE ACT, 2011 
An Act to provide for the delivery of services to the people of the State 
within the stipulated time and for matters connected therewith and 
incidental thereto. 
1. (1) This Act may be called the Jharkhand Rajya  
Sewa Dene ki Guarantee Adhiniyam, 2011 
 (2) It shall extend to the whole of Jharkhand. 
(3) It shall come into force on such date as the State 
Government may, by notificat ion in the official 
Gazette, apoint. 
 
Definitions. 2. In this Act, unless the context otherwise requires :-  
(a)  "designated officer" means an authority including 
one belonging to the local self govt. notified as 
such for providing the service under Section 3; 
(b)  "eligible person" means person who is eligible 
for notified service; 
(c)  "first appeal officer" means an authority including 
one belonging to the local self govt. who in notified 
as such under Section 3; 
(d)  "prescribed" means prescribed by the rules 
made under this Bill; 
Short title, extent 
and 
commencement. 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
(e)  "right to service" means right to obtain the service 
within the stipulated time limit under Section 4; 
(f) "service" means any service notified under Section 
3; 
(g)  "second appellate authority" means an authority 
including one belonging to the local self govt. who 
is notified as such under Section 3; 
(h)  "State Government" means the Government of 
Jharkhand; 
(i)  "stipulated time" means maximum time to provide 
the service by the designated officer or to decide 
the appeal by the first appeal officer as notified 
under Section 3; 
 
3.  The State Government may, from time to time, 
notify the services, designated officers, first appeal 
officers, second appellate  authorities and stipulated 
time limits, area of the State to which this Act shall 
apply. 
 
 
4.  The designated officer shall provide the service 
notified, under Section 3 to the person eligible to 
obtain the service, within the stipulated time limit. 
 
5. (1) Any application being filed for obtaining 
services notified under the Act will be treated as 
application under the Act. Stipulated time limit, if  not 
explained otherwise in the notification under sec -3 
shall start from the date when required application 
for notified service is submitted to the designated 
officer or to a person subordinate to him authorized 
Notification of 
services, designated 
officer, first appeal 
officers, second 
appellate authority 
and stipulated time 
limits.  
Right to obtain 
service within 
stipulated time 
limit. 
Providing  
services in 
stipulated time 
limit. 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
to receive the application, such applicati on shall be 
duly acknowledged. 
(2) The designated officer on receipt of an 
application under sub -section (1) shall within the 
stipulated time limit provide service or reject the 
application and in case of rejection of application, 
shall record the reasons in writing and intimate to the 
applicant. 
Appeal. 6. (1) Any person, whose application is rejected under 
sub-section (2) of section 5 or who is not provided 
the service within the stipulated time limit, may file 
an appeal to the first appeal officer within  thirty days 
from the date of rejection of application or the expiry 
of the stipulated time limit. 
  Provided that the first appeal officer may admit 
the appeal after the expiry of the period of thirty days 
if he is satisfied that the appellant was prevent ed by 
sufficient cause from filing the appeal in time. 
 (2) The first appeal officer may orde r to the 
designated officer to provide the service within the 
specified period or may reject the appeal. 
 (3) A second appeal against decision of first appeal 
officer shall lie to the second appellate authority 
within 60 days from the date on which the decision 
was made: 
  Provided that the second appellate authority 
may admit the appeal after the expi ry of the period of 
60 days if he is satisfied that the appellant  was 
prevented by sufficient cause from filing the appeal in 
time. 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
 (4)(a) The second appellate authority may order to 
the designated  officer to provide the service within 
such period as he may specify or may reject the 
appeal. 
 (b) Along with the order to  provide service, the 
second appellate authority may impose penalty 
according to the provisions of section 7. 
 (5)(a) If the designated officer does not comply su b-
section (1) of section 5, then  the applicant aggrieved 
from such non-compliance may submit a n application 
directly to the first appeal officer. This application 
shall be disposed of in the manner of first appeal. 
 (b) If the designated officer does not comply the order 
of providing the service under sub - section (2) of 
section 6, then the applicant aggrieved from such non-
compliance may submit an application directly to 
second appellate authority. This application shall be 
disposed of in the manner of second appeal. 
 (6) The first appellate and second appellate authority 
shall while deciding an appeal under this section, have 
the same powers as are vested in c ivil 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 appellant; and  
  (c) any other matter which may be prescribed. 
Penalty. 7. (1)(a) Where the second appellate authority is of 
the opinion that the designated officer has failed to 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
provide service w ithout sufficient and reasonable 
cause, then he may impose a lump sum penalty which 
shall not be less than 500 rupees and not more than 
5000 rupees. 
 (b) Where the second appellate authority is of the 
opinion that the designated officer has caused delay in 
providing the service, then he may impose a penalty 
at the rate of 250 rupees per day for such delay on the 
designated officer, which shall not be more than 5000 
rupees. 
  Provided that the designated officer shall be 
given a reasonable opportunity of bei ng heard before 
any penalty is imposed on him. 
 (2) Where the second appellate authority is of the 
opinion that the  first appellate officer has failed to 
decide the appeal within the stipulated time limit 
without any sufficient and reasonable cause, then h e 
may impose a penalty on first appellate officer which 
shall not be less than 500 rupees and more than 5000 
rupees. 
  Provided that the first appellate officer shall be 
given a reasonable opportunity of being heard before 
any penalty is imposed on him. 
 (3) The second appellate authority may order to give 
such amount as compensation to the appellant from 
the penalty imposed under sub -section (1) or (2) or 
both, as the case may be, which shall not exceed to the 
imposed penalty. 
 (4) The second appellate au thority, if it is satisfied 
that the designated officer or the first appellate officer 
has failed to discharge the duties assigned to him 
under this Bill, without sufficient and reasonable 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
cause, may recommend disciplinary action against 
him under the service rules applicable to him. 
 (5) The penalty so imposed will be in addition to that 
prescribed in any other act, rules, regulations and 
notifications already existing. 
 
  8. The penalty so imposed under 7(1) or 7(2) will be 
deducted from the salary of the designated officer and 
the first appellate officer and their concerned 
subordinate staff in the proportion as decided by the 
Department having jurisdiction relating to the service. 
The concerned Departme nts will issue standing 
instructions detailing for this purpose the proportion 
of penalty to be borne by the designated officer and 
the first appellate officer and their subordinate staff. 
Revision.  9. The designated officer or first appellate officer 
aggrieved by any order of second appellate authority 
in respect of imposing penalty under this Bill, may 
make an application for revision to the officer 
nominated by the State Government within the period 
of 60 days from the date of that order, who shall 
dispose of the application according to the prescribed 
procedure: 
   Provided that the officer nominated by the State 
Government may entertain the application after the 
expiry of the said  period of 60 days, if he is satisfied 
that the application could not be submitted in time for 
the sufficient cause. 
 10. The state government may constitute a State 
Public Service Delivery Commission by notification in 
an official gazette, having a prescribed composition, 
and may assign to it functions for achieving the 
Penalty amount to 
be deducted from 
the salary. 
Constitution of 
State Public 
Delivery Service 
Commission 
झारखंड गजट (असािारण), मंगलिार 11 अक्टूबर, 2011 
 
objectives of the Act or may also empower an existi ng 
Commission to carry out for achieveing the objectives 
of the Act. 
 11. Notwithstanding the other provision of the Act, 
the government, if it gets an application alleging non 
compliance of the provisions, may send the same 
directly to the Second Appellat e Authority for taking 
further actions as per the Act. 
 
  12. 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. 
13.  (1) The State Government may, by  notification in 
the official Gazette, make rules to carry out the 
provisions of this Act. 
(2)  Every rule made under this Act by the State 
Government shall be laid before the State Legislature. 
 14. If any difficulty arises in giving effect to the 
 provisions of t his Act, the State Government may by 
order, not inconsistent with the provisions of this Act, 
remove the difficulty: 
  Provided that no such order shall be made after 
the expiry of a period of two years from the 
commencements of this Act. 
--------------- 
झारखण्ड राज्यपाल के आिेि से, 
पंकज श्रीिास्ति, 
सरकार के सधचि-सह-धिधि परामिी 
धिधि (धििान) धिभाग, झारखण्ड । 
Powers to make 
rules 
Power to remove 
difficulties 
Protection of action 
taken in good faith  

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