The KERALA STATE RIGHT TO SERVICE ACT 2012

ACT 18 OF 2012
THE KERALA STATE RIGHT TO SERVICE ACT, 2012 *
An Act to provide for the delivery of services to the general public within the stipulated time
limit and for matters connected therewith and incidental thereto.
Preamble.—WHEREAS, it is expedient to provide for the delivery of services to the
general public within the stipulated time limit;
BE it enacted in the Sixty-third Year of the Republic of India as follows:—
1. Short title and commencement.-  (1) This Act may be called the Kerala State Right to
Service Act, 2012.
(2) It shall come into force on such date as the Government may, by 1notification in
the Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “designated officer” means an officer designated as such under section 3 for
providing the services as per the provisions of this Act;
(b) “eligible person” means a person who is eligible for the services notified under
section 3;
(c) “first appellate authority” means an officer notified as such under section 3;
(d) “Government” means the Government of Kerala;
(e) “prescribed” means prescribed by rules made under this Act;
(f) “right to service” means the right of an eligible person to obtain a service within
the stipulated time limit;
(g) “service” means any service to be provided under the provisions of any law for
the time being in force or as per Government orders issued from time to time, to the general
public by or under any Department of the Government or by a Local Self Government
Institution or by a State Public Sector Undertaking or by a Statutory Body, as may be
notified under section 3;
(h) “second appellate authority” means an officer notified as such under section 3;
(i) “stipulated time limit” means the maximum time limit notified under section 3 to
provide the service by the designated officer or to dispose of an application for such service.
* Received the assent of the Governor on the 4th day of August, 2012 and published in the Kerala Gazette 
Extraordinary No.1655 dated 6th August, 2012.
1 S.R.O No. 750/2012 dated 27-10-2012  published in the Kerala Extraordinary Gazette No.1012 dated27-10-2012 
(G.O.(P) No.55/2012/ P &ARD).
3.  Power to notify services, stipulated time limit, designated officer etc .— Save as
otherwise provided in any other law for the time being in force, every Department of the
Government, every Head of Department, every Local Self Government Institution and every
statutory body shall within six months of the commencement of this Act, notify in the
Gazette the services that will be rendered by each of them, the designated officers, the first
appellate authority, the second appellate authority  and the stipulated time limit  for the
purposes of this Act.
4.  Right to obtain services. —Every eligible person shall have the right to obtain the
services notified under section 3 within the stipulated time limit.
5.  Duty of the designated officer. —(1) The designated officer shall on receipt of an
application for service by an eligible person, without prejudice to the provisions of any law
for the time being in force, provide the service or reject the application within the stipulated
time limit. In case of rejection, he shall state the reasons for the same in writing and shall
intimate it to the applicant forthwith.
(2) An application received under sub-section (1) shall be duly acknowledged by the
designated officer or by the officer authorised by him to receive such application.
(3) The stipulated time limit shall start from the date on which the application is
received.
6. Appeal .—(1)  Any  person,  who  does  not  receive  the  required  service  within  the
stipulated time or whose application is rejected under sub-section (1) of section 5, may file
an appeal to the first appellate authority, within thirty days from the date of rejection of the
application or on the expiry of the stipulated time limit, in such manner and on payment of
such fee, as may be prescribed:
Provided that the first appellate authority may admit the appeal after the expiry of the
period of thirty days if the authority is satisfied that the appellant had sufficient cause for
not filing the appeal in time.
(2)  The  first  appellate authority  may direct  the  designated officer to  provide  the
service within a specified period or may reject the appeal.
(3) An appeal under sub-section (1) shall be disposed of within a period equivalent to
that of the stipulated time limit.
(4) Any person aggrieved by a decision of the first appellate authority may prefer an
appeal to the second appellate authority within sixty days from the date of decision of the
first appellate authority, in such manner and on payment of such fee, as may be prescribed:
Provided that the second appellate authority may admit the appeal after the expiry of the
period of sixty days if that authority is satisfied that the appellant had sufficient cause for
not filing the appeal in time.
(5) The second appellate authority may direct the designated officer to provide the
service within a specified period or he may reject the appeal.
(6) Where the second appellate authority finds that there is no sufficient reason for not
giving the service within the stipulated time limit  he may, along with the direction  to
provide the service, impose penalty as provided in section 8.
(7) An appeal under sub-section (4) shall be disposed of within a period equivalent to
that of the stipulated time limit.
(8) Where the designated officer does not comply with the direction given by the first
appellate authority under sub-section (2) of this section, the person aggrieved by such non-
compliance may file an application directly to the second appellate authority and such an
application shall be disposed of in the same manner in which a second appeal is to be
disposed of under this Act.
(9) Where the designated officer does not comply with the direction for providing the
service  under  sub-section  (5)  of  this  section,  then  the  person  aggrieved  by  such  non-
compliance may file an application directly to the second appellate authority and such an
application shall be disposed of in the same manner in which a second appeal is to be
disposed of under this Act.
7. Procedure to be followed in appeal . -The first appellate authority and the second
appellate authority, while deciding an appeal under this Act, shall have the same powers as
are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908
(Central Act 5 of 1908) in respect of the following matters, namely:—
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing the designated officer and the appellant; and
(c) any other matter which may be prescribed.
8. Penalty.—(1) Where the second appellate authority finds that,—
(a) the designated officer has failed to provide the service without sufficient and
reasonable cause, the second appellate authority may by an order in writing, stating the
reasons, impose a fine on the designated officer which shall not be less than five hundred
rupees and not more than five thousand rupees;
(b)  the  designated  officer  has  caused  delay  in  providing  the  service,  the  second
appellate authority may, by an order in writing, stating the reasons, impose a fine on the
designated officer, at the rate of two hundred and fifty rupees per day for each day’s delay
the sum of which shall not exceed five thousand rupees:
Provided that the designated officer shall be given a reasonable opportunity of being
heard before imposing such penalty.
(2) Where the second appellate authority finds that the first appellate authority has
failed to decide the appeal within the time limit specified in sub -section (3) of section 6
without sufficient and reasonable cause, he may by an order in writing, stating the reasons,
impose a fine on the first appellate authority which shall not be less than five hundred
rupees and not more than five thousand rupees:
Provided that the first appellate authority shall be given a reasonable opportunity of
being heard before imposing such penalty.
(3) The second appellate authority may, if he is satisfied that the designated officer or
the first appellate authority  has  without  sufficient  cause,  failed to  discharge the  duties
assigned to him under this Act recommend disciplinary action against him under the service
rules applicable to him.
9.  Protection  of  action  taken  in  good  faith.—No  suit,  prosecution  or  other  legal
proceeding shall lie against any person or officer for anything which is in good faith done or
intended to be done under this Act or any rule made thereunder.
10.  Bar  of  jurisdiction  of  Civil  Courts.—No  civil  court  shall  entertain  any  suit,
application or other proceeding in respect of any order issued under this Act and no such
order shall be called in question otherwise than by way of an appeal under this Act.
11. Power to make rules .—(1) The Government may, by  1notification in the Gazette,
make rules to carry out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after it is made,
before the Legislative Assembly while it is in 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
Legislative Assembly makes any modification in the rule or decides 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; so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
12. Power to remove difficulties .—(1) Where any difficulty arises giving effect to the
provisions of this Act, the Government may, by order published in the Gazette, as occasion
may require, do anything, which are considered necessary for them and not inconsistent
with the provisions of this Act or the rules made thereunder, for the purpose of removing
such difficulty:
Provided that no such order shall be issued under this section after the expiry of two
years from the date of commencement of this Act.
(2)  Every  order  issued  under  sub-section  (1)  shall  be  laid  before  the  Legislative
Assembly as soon as may be after it is issued.
1 S.R.O No. 751/2012 dated 27-10-2012 published in the Kerala Exraordinary Gazette No. 1013 dated 27-10-2012 
( G.O(P)No. 56/2012/P&ARD).

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