LexThe PUNJAB RIGHT TO SERVICE ACT, 2011
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MINISTRY OF HOME AFFAIRS
Notification
New Delhi, the' r4th August, 2017
G.S.R. 1015(E).-ln exercise of the powers conferred by Section 87 of the
Punjab Reorganisation Act, 1966 (31 of 1966), the Central Government hereby
extends to the Union Territory of Chandigarh, The Punjab Right to Service Act, 2011
(Punjab Act 24 of 2011) and The Punjab Right to Servic.e (Amendment) Act, 2014
(Punjab Act 10 of 2014), as in force in the State of Punjab on the date of this
notification, subject to the following modifications, namely :-
MODIFICATION
THE PUNJAB RIGHT TO SERVICE ACT, 2011
(Punjab Act 24 of 2011)
1. Throughout the Act, for the words "State of Punjab" wherever they occur,
the words. "Union Territory of Chandigarh" shall be substituted.
936 CHD. ADMN GAZ. (EXTRA.), OCT 16, 2017 (AS 24, J939 SAKA)
2. In clause 1, in sub-clause (1), after the words and figures "Service Act,
2011", the words "as extended to the Union Territory of Chandigarh" shall be inserted.
3. In clause 2, in sub-clause (k), for the words ''The Government of the State
of Punjab", the words "The Administrator of the Union Territory of Chandigarh, appointed
by the President under article 239 of the Constitution" shall be substituted.
4. In section 12, in sub-section (1),-
(a) for the words "Punjab Right to Service Commission", the words
"Chandigarh Right to Service Commission" shall be substituted ;
(b) in the proviso, for the words, "Financial Commissioner", the words
"Advisor to the Administrator" shall be substituted.
5. In section 13,-
/
(a) In sub-section (1), for the words "Leader of Opposition in the Punjab
Vidhan Sabha", the words "The Centrai Government" shall be
substituted ;
(b) In sub-section (2), the words "Chief Secretary of the State of Punjab
or" shall be omitted ;
(e) in sub-section (3), for the. words "officers of All India Services from
the Punjab Cadre", the words "officers of All India Services from the
Punjab or Haryana or Arunachal Pradesh-Goa-Mizoram and Union
Territory Cadre" shall be substituted.
6. In section 15, in sub-sections (3) and (4), for the words "The Governor"
at both the places, the words "The Administrator' shall be substituted.
7. In section 18, in sub-section (2), for the words "Punjab Legislative Assembly",
the words "Parliament" shall be sUbsituted.
8. In section 21, in sub-section (3), for the words "the House of the State
Legislative", the words "each House of Parliame t" shall be substituted.
9. Section 23 shall be omitted.
THE PUNJAB RIGHT TO SERVICE (AMENDMENT) ACT, 2014
(Punjab Act 10 of 2014)
10. In section 1, in sub-section (1), after the words, brackets and figures
"Service (Amendment) Act, 2014", words "as extended to the Union Territory of
Chandigarh" shall be inserted.
[F.No. U-11020/2/2014-UTLJ,
PRAVEEN KUMAR SRIVASTAVA,
Add!. Secy.,
PART-1
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFIARS, PUNJAB
Notification
The 20 th October, 2011
No.37-leg/2011- The following act of the Legislature of the
State of Punjab received the assent of the Punjab on the 19 th
October, 2011, is hereby published for general information:-
THE PUNJAB RIGHT TO SERVICE ACT, 2011
( PUNJAB ACT NO.24 OF 2011.)
A
ACT
to provide for the delivery of services to the people of the
State of Punjab within the given time limits and for matters
connected therewith and incidental thereto.
BE it enacted by the Legislature of the State of Punjab in the
Sixty-second Year of the Republic of India as follows:-
1. (1) This Act may be called the Punjab Right to Service
Act, 2011.
(2) It shall come into force on and with effect from the
date of its publication in the Official Gazette.
2. In this Act, unless the context otherwise requires,-
(a) ‘Commission’ means a Commission constituted under
section 12;
(b) ‘Designated Officer’ means an officer as notified under
section 3;
(c) ‘eligible person’ means a person who is eligible for
obtaining services notified under section 3;
(d) ‘First Appellate Authority’ means an officer who is
notified as such under section 3;
Short title and
commence-
ment.
Definitions .
(e) ‘given time limit’ means maximum time to provide
the service by the Designated Officer as notified under
section 3;
(f) ‘prescribed’ means prescribed by rules made under this
Act;
(g) ‘right to service’ means a right to obtain the service
within the given time limit ;
(h) ‘service’ means any service notified under section 3;
(i) ‘Second Appellate Authority’ means an officer who is
notified as such under section 3;
(j) ‘section’ means a section of this Act; and
(k) ‘State Government’ means the Government of the
State of Punjab.
3. (1) The State Government may, by notification from time
to time, notify the services, to which this Act shall apply
.
(2) The State Government may, by notification, specify
the Designated Officer, First Appellate Authority, Second
Appellate Authority and the given time limit for the purposes of
this Act.
4. The Designated Officer shall provide the service to the
eligible person within the given time limit.
5. (1) An eligible person shall make an application to the
Designated Officer for obtaining any service under the provisions
of this Act.
(2) The Designated Officer shall, on receipt of an
application under sub-section (1), provide service or reject the
application within the given time limit and in case of rejection of
2
Providing of
service.
Notification of
services,
Designated
Officers, First
Appellate
Authority, Second
Appellate
Authority and the
given time limit.
Procedure for
obtaining
service.
application, shall record the reasons in writing and intimate the
same to the applicant.
(3) Every Designated Officer shall maintain detailed
records of services applied for in a format as may be prescribed.
6. (1) 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 given time limit, may file an
appeal to the First Appellate Authority within thirty days from the
date of rejection or the expiry of the given time limit, as the case
may be.
(2) On receipt of an appeal under sub-section (1), the First
Appellate Authority shall consider the matter and if, in its opinion
the grievance of the eligible person appears to be genuine, it may
direct the Designated Officer to provide the service within 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 Appellate
Authority may pass an order either accepting the appeal or
rejecting the same by an order made in writing and in the case of
rejection, the reasons for rejection shall be specified by it in such
order and shall communicate the same to the eligible person.
(4) An appeal made under sub-section (1) shall be finally
disposed of by the First Appellate Authority, as far as possible,
within a period of thirty days of its receipt.
7. (1) Any eligible person, whose appeal for obtaining
service is rejected or who is not provided the service within the
time specified by the First Appellate Authority under section 6,
may file an appeal to the Second Appellate Authority within thirty
3
First appeal .
Second appeal.
days from the date of such rejection or the expiry of the time
specified by the First Appellate Authority.
(2) On receipt of an appeal under sub-section (1), the
Second Appellate Authority may pass an order either accepting
the appeal and directing the Designated Officer to provide service
to the eligible person 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
Appellant Authority:
Provided further that an order made by the Second
Appellant Authority under this section shall be communicated to
the eligible person:
Provided further that the appeal made under sub-section (1)
shall be decided by the Second Appellate Authority, as far as
possible, within a period of sixty days from the date of receipt of
appeal.
8. The First Appellate Authority and the Second Appellate
Authority shall, while deciding an appeal under the provisions 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) (a) Where the Second Appellate Authority is of the
opinion that the Designated Officer and/or any
other official involved in the process of providing
such service has/have failed to provide service
4
Penalty .
Power to
summon and
inspection.
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 rupees five hundred and not more
than rupees five thousand;
(b) Where the Second Appellate 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 at
the rate of rupees two hundred and fifty 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 rupees
five thousand:
Provided that the Designated Officer and/or any
other official involved in the process of providing
such service shall be given a reasonable opportunity
of being heard before any penalty is imposed on
him/them under sub-clauses (a) and (b).
(2) The Second Appellate Authority may, by an order,
give such amount as compensation to the appellant out of the
amount of the penalty imposed under sub-section (1), as may be
specified by it, which shall not exceed the total amount of the
penalty so imposed.
(3) The Second Appellate 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
5
Revision .
defaulters under the service rules applicable to them in addition to
the penalty imposed under sub-section (1).
10. Any person may, who is aggrieved by any order of the
Second Appellate Authority, make an application for revision of
the said order to the Commission or an officer nominated in this
respect under the proviso to sub-section (1) of section 12 within a
period of sixty days from the date of such order, which shall be
disposed of in the manner as may be prescribed:
Provided that the Commission or the officer nominated, as
the case may be, may entertain the application after the expiry of
the said period of sixty days, if it or he is satisfied that the
application could not be submitted in time for a reasonable cause.
11. The services and the given time limit shall be displayed
locally and on website by the Secretary of the Department
concerned for information of the public.
12. (1) If in the opinion of the State Government, it is
necessary or expedient so to do, it may, by notification, constitute
for the purposes of this Act, a Commission to be called the Punjab
Right to Service Commission:
Provided that till such time the Commission is not
constituted by the State Government, it may, by notification,
nominate an officer of the State Government, not below the rank
of a Financial Commissioner to perform the functions and
exercise the powers of the Commission under this Act.
(2) The Commission shall be a body corporate, 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.
6
Display of
services and
the given time
limit.
Constitution of
the
Commission
.
(3) The Head Office of the Commission will be at
Chandigarh or at such place, as the State Government may notify
from time to time.
13. (1) The Commission shall consist of a Chief
Commissioner and four Commissioners and their appointment
shall be made by the State Government in consultation with the
Leader of Opposition in the Punjab Vidhan Sabha.
(2) The Chief Commissioner shall be a retired officer in
the rank and status of the Chief Secretary of the State of Punjab or
Secretary to the Government of India.
(3) The Commissioners shall be retired officers of the
Government of Punjab in the rank and status of a Secretary or its
equivalent rank and status in any of the services of the State,
including officers of All India Services from the Punjab cadre
and/or expert in the field of Public Administration or e-
Governance with atleast twenty years of experience in teaching or
administration or from amongst other eminent public persons.
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 as long as the vacancy or absence continues.
(3) A Commissioner nominated to discharge the functions
and powers of the Chief Commissioner under sub-section (2) shall
7
Composition of
the
Commission.
Powers of the
Chief
Commissioner.
not be entitled to any 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 will not be entitled
for re-appointment.
(2) If a person already holding an office is appointed as
the Chief Commissioner or Commissioner, he shall have to resign
or seek retirement from that office before joining the Commission.
(3) The Chief Commissioner or a Commissioner shall,
before he enters upon his office, make and subscribe to, before the
Governor or some other person appointed by him in that behalf, an
oath or affirmation according to the form set out for the purpose in
the Schedule.
(4) The Chief Commissioner or a Commissioner may, at
any time, by writing under his hand addressed to the Governor,
resign from his office. He would also be liable for removal from
the office in the manner provided under section 16.
(5) 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 16 of the Right to Information Act, 2005. All provision of
the aforesaid sub-section shall apply mutatis mutandis to the Chief
Commissioner and the Commissioners appointed under this Act.
(6) The State Government shall provide the Commission
with such officers and employees as may be necessary for the
efficient performance of the Commission under this Act. The
8
Term of office
and conditions of
service of Chief
Commissioner
and
Commissioners
.
salaries, allowances and conditions of service of the officers and
other employees so appointed shall be such as may be prescribed.
16. (1) The State Government may remove the Chief
Commissioner or any Commissioner from office after complying
with the provisions of sub-section (2), if he has,-
(i) been adjudged insolvent; or
(ii) been convicted of an offence which, in the
opinion of the State Government, involves moral
turpitude; or
(iii) become physically or mentally incapable; or
(iv) acquired such financial or other interest as is
likely to affect prejudicially his functions in any
of the said capacities; or
(v) so abused his position as to render his continuance
in office prejudicial to public interest.
(2) Notwithstanding anything contained in sub-section (1),
the Chief Commissioner or any Commissioner, shall not be
removed from his office, unless,-
(i) a reference is made by the State Government to
the Chief Justice of the High Court of Punjab and
Haryana seeking an enquiry and recommendation
on the proposed removal of the Chief
Commissioner or the Commissioner alongwith the
grounds for the removal and material supporting
such proposal;
(ii) the reference is duly enquired into by an inquiry
committee headed by a sitting or retired High
Court Judge or any other person appointed by the
Chief Justice of the High Court of Punjab and
Haryana; and
(iii) the inquiry committee makes recommendation that
9
Removal and
suspension of
the Chief
Commissioner
or a
Commissioner
from office in
certain
circumstances
.
the Chief Commissioner or the Commissioner
ought to be removed on such ground or grounds.
(3) The State Government may suspend the Chief
Commissioner or the Commissioner in respect of whom a
reference has been made to the Chief Justice under sub-section
(2).
17. (1) It shall be the duty of the Commission to ensure
proper 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) entertain and dispose of revisions under section 10;
(b) take suo moto notice of failure to deliver service in
accordance with this Act and refer such cases for
decision to the First Appellate Authority or the
Second Appellate Authority or pass such order itself
as may be appropriate;
(c) carry out inspections of offices entrusted with the
delivery of services and the offices of the First
Appellate Authority and the Second Appellate
Authority;
(d) 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;
(e) recommend changes in procedures for delivery of
services which will 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;
10
Powers and
functions of
the Punjab
Right to
Service
Commission.
(f) recommend additional notifications to be notified
under section 3 and may also suggest modifications
in the notifications already issued for better
implementation of this Act; and
(g) issue general instructions, not inconsistent with the
provisions of this Act for the guidance of
Designated officers, the First Appellate Authorities
and the Second Appellate Authorities.
(2) Where the Commission is 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.
(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, namely:-
(a) summoning and enforcing the attendance of
persons, compelling them to give oral or written
evidence on oath and producing documents or
things;
(b) requiring the discovery and inspection of
documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copies
thereof from any court or office;
(e) issuing summons for examination of witnesses or
documents; and
(f) 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 the Commission
may deem fit.
11
18. (1) The State Government shall consider the
recommendations made by the Commission under clauses (d), (e)
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 Government decides not to implement any of the
recommendations of the Commission, it will 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 Punjab 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.
20. 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.
21. (1) The State Government may, by notification, in the
Official Gazette, make rules to carry out the purposes of this Act.
12
Action by the
Government on
recommendat-
ions of the
Commission.
Protection of
action taken in
good faith.
Powers to make
rules
.
Bar of
jurisdiction
of courts.
(2) In particular, and without prejudice to the generality of
the foregoing power, 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 an application
made under section 10;
(c) salaries, allowances and conditions of service of
the officers and other employees of the
Commission under sub-section (6) of section 15;
and
(d) any other matter which is required to be, or may
be prescribed.
(3) Every rule made by the State Government under this
Act, shall be laid, as soon as may be after it is made, before the
House of the State Legislature, while it is 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, not inconsistent
with the provisions of this Act, remove the same:
Provided that no such order shall be made after the expiry of
a period of two years from the commencement of this Act.
13
Power to
remove
difficulties
.
23. (1) The Punjab Right to Service Ordinance, 2011 (Punjab
Ordinance No. 7 of 2011), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any
action taken under the Ordinance, referred to in sub-section (1),
shall be deemed to have been done or taken under this Act.
THE SCHEDULE
[See Section 15(3)]
FORM OF OATH OR AFFIRMATION TO BE MADE BY THE
CHIEF COMMISSIONER/COMMISSIONER
“I, ___________________ having been appointed Chief
Commissioner/Commissioner swear in the name of God that I will
solemnly affirm
bear true faith and allegiance to the Constitution of India as by law
established, that I 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 that I will uphold the
Constitution of India and the laws made thereunder.”.
GOBINDER SINGH
Secretary to Government of Punjab
Department of Legal and Legislative Affairs
14
Repeal and
saving.