The Meghalaya Right to Public Services Act, 2020 (Act No. 18 of 2020)

NOTIFICATION
The 24th November, 2020.
No.LL(B)55/2013/50.—The Meghalaya Right to Public Services Act, 2020 (Act
No. 18 of 2020) is hereby published for general information.
The Gazette of Meghalaya
EXTRAORDINARY
PUBLISHED BY AUTHORITY
 No. 223          Shillong, Tuesday, November 24, 2020        3rd Agrahayana-1942 (S. E.)
PART-IV
GOVERNMENT OF MEGHALAYA
LAW (B) DEPARTMENT
———
MEGHALAYA  ACT  NO. 18  OF  2020.
(As passed by the Meghalaya Legislative Assembly)
Received the assent of the Governor on the 20th November, 2020.
Published in the Gazette of Meghalaya Extra-Ordinary issue dated 24th November, 2020.
THE  MEGHALA YA  RIGHT  TO  PUBLIC  SERVICES  ACT,  2020.
An
Act
to provide for the delivery of notified public services to the citizens in the State of Meghalaya within the stipulated
time limit including liabilities of the government servants, in case of default and for matters connected therewith or
incidental thereto.
Be it enacted by the Legislature of the State of Meghalaya in the Seventy First Year of the Republic of
India as follows: -
CHAPTER - I
PRELIMINARY
1. (1) This Act may be called the Meghalaya Right To Public Services Act,
2020.
(2) This Act shall extend to the State of Meghalaya and shall apply to all
State Government employees and any other person or Public
Authority or Agency providing services on behalf of the  State.
(3) It shall come into force on such date as the Government may, by
notification in the Official Gazette, appoint.
Definitions. 2. In this Act, unless the context otherwise requires : -
(a)  “Act” means the Meghalaya Right to Public Services Act, 2020;
(b) “Appellate Authority” means an officer   appointed   by notification by
the Government and who is above the rank of the Designated Officer,
and invested with the powers to hear appeals against the orders
passed by a Designated Officer under this Act;
(c) “Chief Commissioner” means the Chief Commissioner of the State
Public Service Delivery Commission appointed under clause (a) of
sub-section (2) of section 9;
(d) “Citizen related services” include the services   as notified under
sub-section (2) of section 3 of this Act;
(e) “Commissioner” means Commissioner of the State Public Service
Delivery Commission appointed under clause (b) of sub-section (2)
of section 9;
(f) “Designated Officer” means an officer appointed by notification by
the Government for providing the service as per the provisions of
this Act;
(g) “Gazette” means the Gazette of the State of Meghalaya;
(h) “Government” means the Government of Meghalaya;
(i) “Governor” means the Governor of Meghalaya;
(j) “Government servant” means a person appointed to any civil
service or post in connection with the affairs of the State Government
Short title, extent
application and
commencement.
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including a person working on deputation; and a person appointed in a
Public Authority which is owned, controlled or substantially financed
by the Government;
(k) “Notification” means a notification published in the Official Gazette;
(l) “Rule” means a rule under this Act;
(m) “State Public Service Delivery Commission” means the Commission
constituted under sub-section (1) of section 9; and
(n) “Year” means a financial year commencing on the 1st Day  of April
and ending on the 31st day of March of the  succeeding year.
CHAPTER - II
CITIZEN’S RIGHT TO TIME BOUND DELIVERY OF SERVICES,
AND PROCEDURE GOVERNING FIXING OF LIABILITY IN CASES
OF DEFAULT.
3 (1). Every citizen shall have the right to obtain citizen related services in
Meghalaya as notified under sub-section (2) of section 3 of this Act.
(2) The State Government may, from time to time, notify the services and
the time period within which the services shall be provided, including
the Designated Officer who shall provide the service and the Appellate
Authority who shall hear appeals in accordance with the provisions of
the Act.
(3) While computing the stipulated time for providing services, a public or
official holiday shall not be counted.
4. (1) Every Designated Officer shall be duty bound to deliver services
within the time period as notified sub-section (2) of section 3 of this
Act.
(2) The Designated Officer shall, for the convenience of the general public,
cause to display all relevant information related to the notified public
services on the notice board of his office and upload it on the official
website. This notice shall also include the list of documents required to
be furnished along with the application.
5. (1) The Designated Officer shall, on receipt of an application for service by
any person, without prejudice to the provisions of any law for the time
being in force, provide the service or reject the application within the
time period as notified under sub-section (2) of section 3 of this Act.
(2) In case of rejection, he shall state the reasons for the same in writing
and shall intimate it to the applicant forthwith.
(3) He shall inform the applicant about the period within which an appeal
against such denial or delay may be preferred.
(4) He shall furnish the particulars  of the Appellate Authority.
Right of citizen to obtain
time bound delivery of
services.
Duty of the
Designated Officer.
Liability of the
designated officer
to deliver services
within the stipulated
period
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) NOVEMBER  24, 2020PART-IV] 1157
(5) The stipulated time limit as notified under sub-section (2) of section 3
of this Act shall start from the date on which the application is received
complete in all respects by the Designated Officer.
Appeal. 6. (1) Any person, who does not receive the required service within the
stipulated time period or whose application is rejected under sub-section
(1) and (2) of section 5 of this Act may file an appeal to the 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 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 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
of thirty days from the date of receipt of the appeal.
7. (1) Any person aggrieved by a decision of the Appellate Authority may
prefer an appeal to the State Public Service Delivery Commission within
thirty days from the date of decision of the Appellate Authority, in such
manner and on payment of such fee, as may be prescribed:
Provided that the State Public Service Delivery Commission may
admit the appeal after the expiry of the period of thirty days if that
authority is satisfied that the appellant had sufficient cause for not filing
the appeal in time but such period shall not exceed a period of sixty
days from the date of decision of the Appellate Authority.
(2) The State Public Service Delivery Commission may direct the Designated
Officer to provide the service within a specified period or may reject the
appeal.
(3) Where the State Public Service Delivery Commission finds that sufficient
reason does not exist for not providing the service within the stipulated
time limit, it may, along with the direction to provide the service, impose
penalty as provided in section 8 of this Act, on the Designated Officer.
(4) An appeal under sub-section (1) above shall be disposed of within a
period of thirty days from the date of receipt of the appeal.
(5) Where the Designated Officer does not comply with the direction
given by the Appellate Authority under sub-section (2) of section 6;
the person aggrieved by such non-compliance may file an application
directly to the State Public Service Delivery Commission and such an
application shall be disposed of in the same manner as appeal referred
to in sub-section (1) and sub-section (4) of this  section.
8. (1) The State Public Service Delivery Commission may impose a lump
sum penalty against the Designated officer for failure to deliver or render
services to which the applicant is entitled. Such lump sum penalty
may extend up to five thousand rupees at the first instance and up to
twenty thousand rupees for repeated instances which shall be recovered
Filing a Complaint.
Penalty and compensation
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) NOVEMBER  24, 2020 [PART-IV1158
from the officer against whom the penalty has been imposed :
Provided that before imposing any penalty under this sub-section,
the officer on whom the penalty is proposed to be imposed shall be
given a reasonable opportunity of being heard.
(2) On receiving the order of imposition of penalty under sub-section (1)
above the Drawing and Disbursing Officer or the Treasury Officer, as
the case may be, shall recover the amount of penalty from the salary of
the Designated Officer and deposit the same in the government account
and shall send a copy of the challan to the State Public Service Delivery
Commission
CHAPTER - III
Constitution of a State Public Service Delivery Commission.
9. (1) The State Government shall, by notification in the Officia Gazette,
constitute a Commission to be known as the “State  Public Service
Delivery Commission” to exercise the jurisdiction, powers and
functions conferred under this Act.
(2) The State Public Service Delivery Commission shall consist
of :-
(a) One Chief Commissioner ; and
(b) One Commissioner.
(3) The Chief Commissioner and Commissioner shall be appointed on
the recommendation of a two  Member Selection Committee consisting
of the Chief Minister and a Cabinet Minister nominated by him.
10.(1) The Chief Commissioner and Commissioner shall be persons of
eminence in public life with wide knowledge in public administration
and governance, social service, management and science and
technology, with at least 25 years of experience in their respective
fields to be eligible for the post of the Chief Commissioner and 15 years
for the post of the Commissioner.
(2) The Chief Commissioner or a Commissioner shall not be a sitting
Member of Parliament or Member of Legislature of any State or Union
territory, or Member of Autonomous District Council or hold any other
office of profit, or be connected with any political party, or carrying on
any business, or pursuing any profession.
(3) The Chief Commissioner and Commissioner shall hold office for a term
of five years from the date on which they enter office or until they attain
the age of sixty- five years, whichever is earlier.
(4) The Chief Commissioner and Commissioner shall not be eligible for re
appointment.
(5) The salaries and allowances payable to and other terms and conditions
of service of :-
Constitution of a
State Public
Service Delivery
Commission.
Qualification for
Appointment and
Term of office of
Chief Commissioner
and Commissioner.
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(a) the Chief Commissioner shall be equivalent to that of the Chief
Secretary to the Government;
(b) a Commissioner shall be equivalent to that of the Principal Secretary
to the Government:
Provided that if the Chief Commissioner or Commissioner, at the time
of his appointment is in receipt of a pension, other than a disability or war
injury pension in respect of any previous service under the Government of
India or the Government of State, his salary in respect of the service as Chief
Commissioner or Commissioner shall be proportionately reduced by the
amount of pension, including portion of pension commuted and additional
pension if any:
Provided further, that where the Chief Commissioner or
Commissioner, if at the time of his appointment, is in receipt of retirement
benefits in respect of any previous service rendered in a Corporation
established by or under any Central Act or State Act or a Government
company owned or controlled by the Central Government or the State
Government, his salary in respect of the service as a Chief Commissioner or
Commissioner shall be reduced by the amount of pension equivalent to the
retirement benefits.
11.(1) The State Government shall provide the State Public Service Delivery
Commission with such officers and employees as may be required for
the discharge of its functions under this Act.
(2) The officers and employees so appointed under sub-section (1) above
shall discharge their functions under the general superintendence,
control and discipline of the Chief Commissioner.
(3) The general  superintendence, direction and management of the affairs
of the State Public Service Delivery Commission shall vest in the  Chief
Commissioner who shall be assisted by the Commissioner and he
may exercise all such powers and do all such acts which may be
exercised  or  done  by the  State Public Service  Delivery Commission.
12. (1) For the purposes of its functions under this Act, the State Public Service
Delivery Commission shall have the same powers as are vested in a
Civil Court under the Code of Civil Procedure, 1908 in respect of the
following matters, namely :-
(a) summoning and enforcing the attendance of any person and
examining him on oath;
(b) discovery and production  of any document or other material
object liable to be produced as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing summons for examination of witnesses;
(f) reviewing its decisions, direction and orders; and
(g) any other matter which may be prescribed.
State
Government to
provide officers
and employees
to the State
Public Service
Delivery
Commission and
their functions.
Powers of the
State Public
Service Delivery
Commission to be
deemed civil
court under the
Code of Civil
Procedure, 1908.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) NOVEMBER  24, 2020 [PART-IV1160
(2) The State Public Service Delivery Commission shall not be bound by
the procedure laid down in the Code of Civil Procedure, 1908 but
shall be guided by the principles of natural justice and subject to the
other provisions of this Act and of any rules made thereunder. The
State Public Service Delivery Commission shall have the powers to
regulate its own procedure.
13.         All proceedings before the State Public Service Delivery Commission
shall be deemed to be judicial proceedings within the meaning of section
193 and section 228 of the Indian Penal Code and the State Public
Service Delivery Commission shall be deemed to be a civil court for the
purposes of section 345 and section 346 of the Code of Criminal
Procedure, 1973.
CHAPTER - IV
MISCELLANEOUS
14. No civil court shall have jurisdiction to settle, decide or deal with any
question or to determine any matter which is by or under this Act required
to be settled, decided or dealt with or to be determined by the State
Public Service Delivery Commission.
15. The staff and officers of the State Public Service Delivery Commission
shall be deemed to be public servants within the meaning of section 21
of the Indian Penal Code, 1860 and clause (c) of section 2 of the
Prevention of Corruption Act, 1988.
16. 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
under this Act or any rule made thereunder.
17 The State Government may introduce a system for centralized monitoring
of the timely delivery of notified services, including service delivery
through use of Information Communication Technology (ICT) and for
monitoring various provisions of this Act.
18. The State Government or the State Public Service Delivery Commission
may take steps to :-
(i) develop and organize campaigns and programmes to advance the
understanding of the citizens, as to how to exercise the rights
contemplated under the Act;
(ii) encourage public authorities as deemed appropriate to participate in
the development and organization of programmes referred to in clause
(i) above and also to undertake such programmes themselves;
(iii) promote timely and effective dissemination of accurate information by
public authorities about the notified services and timelines and the
processes for applications, and penalties therein;
Jurisdiction to
settle, decide or
deal.
Officers & Staffs of
State Public Service
Delivery Commission
to be public
servants.
Acts done in
good faith.
Monitoring of
Implementation.
Dissemination
& Training.
Proceedings of the
State Public
Service Delivery
Commission to be
judicial
proceedings.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) NOVEMBER  24, 2020PART-IV] 1161
(iv) train the nodal officers and designated officers and other public servants,
as the case may be, of their duties under the Act;
(v) compile a guide containing such information, in an easily
comprehensible form and manner, as may reasonably be required by a
person who wishes to exercise any right specified under this Act;
(vi) update and publish guidelines referred to in clause (v) above at regular
intervals which shall, in particular and without prejudice to the generality
of the clause (v) above, include:-
(a) the objectives of the Act;
(b) the manner and the form in which application for the services
shall be made  to the Designated Officer or appeal shall be filed
to the Appellate Authorities;
(c) any additional regulations or circulars made or issued for
obtaining services in accordance with the Act.
(d)     measures to improve the efficiency in the delivery of citizen
related services.
19.(1) The Government may, by notification in the Official Gazette, make rules
for carrying out the purposes of this Act.
(2) Without prejudice to the generality of the foregoing powers the rules
may provide for : -
(a) the amount of fees to be provided under sub-section (l)of section
6 and sub-section (1) of section 7 of this Act;
(b) any other matter which may by rule be prescribed.
(3) Every rule made under this section shall, as soon as after it is made,
be laid before the Meghalaya Legislative Assembly.
20. If any difficulty arises in giving effect to the provisions of this Act, the
Government may, by order, published in the Official Gazette, make
such provisions not inconsistent with the provisions of this Act as may
appear to be necessary for removing the difficulty for a period of two
years from the date of notification of the Act.
Power to make rules.
Power to remove difficulty.
THE GAZETTE OF MEGHALAYA (EXTRAORDINARY) NOVEMBER  24, 2020 [PART-IV1162
SHILLONG: Printed and  Published  by the Director,  Printing and  Stationery, Meghalaya, Shillong.
              (Extraordinary Gazette of Meghalaya) No. 445 - 730 + 200 — 24 - 11 - 2020.
website:- http://megpns.gov.in/gazette/gazette.asp
L. A. LYNDEM,
Under Secretary to the Govt. of Meghalaya,
Law (B) Department.

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