The ODISHA RIGHT TO PUBLIC SERVICES ACT, 2012

*THE ODISHA
RIGHT TO PUBLIC SERVICES ACT, 2012
LAW DEPARTMENT
NOTIFICA TION
The 1st November , 2012
No. 1 1902 - Legis - 17/12/L.– The following Act of the Odisha
Legislative Assembly having been assented to by the Governor on the 19th
October, 2012 is hereby published for general information :
ODISHA ACT 8 OF  2012
AN ACT TO PROVIDE FOR THE DELIVERY OF PUBLIC
SERVICES TO THE CITIZENS WITHIN THE GIVEN TIME
LIMIT AND FOR MA TTERS CONNECTED THEREWITH AND
INCIDENTAL THERETO.
BE it enacted by the Legislature of the State of Odisha in the Sixty-third
Year of the Republic of India as follows :–
1. Short title, extent and commencement :– (1) This Act may be called
the Odisha Right to Public Services Act, 2012.
(2) It shall extend to the whole of the State of Odisha.
(3) It shall come into force on such date as the S tate Government may,
by notification, appoint.
2. Definitions :– In this Act, unless the context otherwise requires, –
(a) "Appellate Authority"  means an authority notified under
section 5;
(b) "Designated Officer" means an officer designated as such under
Section 3 for providing the service;
(c) "eligible person"  means any person who requires the service
for which he is entitled as per statutory provisions or executive
*. Published vide Odisha Gazette Ext. No. 2063 dated 1.11.2012 (w.e.f. 3.12.2012)
The Odisha   Gazette
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. 2063  Dated. 01 November, 2012
THE ODISHA RIGHT TO PUBLIC SERVICES MANUAL2
instructions in force and applicable;
(d) "given time limit" means maximum time to provide the service
by the Designated Officer or to decide the appeal by the Appellate
Authority and revision by the Revisional Authority within a stipulated
period;
(e) "prescribed" means prescribed by the rules made under this
Act;
(f) "Revisional Authority"  means an authority notified under
section 6;
(g) "right to public service" means right to obtain the service notified
by the S tate Government under this Act within the given time
limit; and
(h) "Service" means any service in relation to public notified under
section 3.
3. Notification of services :– (1) The S tate Government may , by
notification, from time to time, declare the services, to which this Act shall
apply and specify the time limit within which the services shall be provided.
(2) For the purposes of this Act, the S tate Government may , by
notification, designate as many of ficers as may be necessary to direct for
providing services within a given time limit.
4. Providing services within given time limit :– 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), dispose of the same within the given time limit :
Provided that where the Designated Of ficer rejects the application, he
shall record the reasons thereof under intimation to the applicant.
(3) Every Designated Officer shall maintain records of services applied
for in such manner as may be prescribed.
5. Appeal :– (1) Any person, whose application for obtaining service is
rejected under sub-section (2) of Section 4 or who is not provided with the
service within the given time limit, may , within thirty days from the date of
receipt of the order of rejection of application or the expiry of the given time
limit, as the case may be, prefer an appeal before such authority as may be
notified by the Government and in such form as may be prescribed :
Provided that the Appellate Authority may admit the appeal after expiry
of the period of thirty days which can be further extended for a period not
exceeding ninety days thereafter , if he is satisfied that the appellant was
prevented by sufficient cause for not preferring the appeal in time :
Provided further that, resorting to the provision of this Act shall not be a
bar to the applicant to pursue his remedy available under the law in relation to
the said service.
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(2) The Appellate Authority, if so satisfied, may, within a period of thirty
days from the date of filing of appeal, by order, direct the Designated Officer
to provide the service within the time limit mentioned in the order.
(3) The Appellate Authority shall dispose of the applications in the same
manner as the applications received under section 11 are disposed of.
6. Revision :– Any person aggrieved by the order of the Appellate
Authority, or in case of non-disposal of the appeal in time, may , within thirty
days from the date of that order , or expiry of the time, as the case may be,
prefer a revision petition before such authority as may be notified by the
Government and in such form as may be prescribed :
Provided that the Revisional Authority may entertain the revision after
expiry of the period of thirty days which can be further extended for a period
not exceeding sixty days thereafter , if he is satisfied that the petitioner was
prevented by sufficient cause for not preferring the revision in time.
7. Powers of Appellate Authority and Revisional Authority :– The
Appellate Authority and Revisional Authority shall, while deciding an appeal
or revision, as the case may be, have the same powers as are vested in civil
court while trying a suit under the Code of Civil Procedure, 1908 and in
particular, (Act 5 of 1908) in respect of the following matters, namely :–
(a) summoning and enforcing the attendance of Designated Of ficer
and appellant and compel them to give oral or documentary
evidence or both;
(b) requiring the production and inspection of documents; and
(c) any other matter which may be prescribed.
8. Penalty :– (1) (a) Where the Revisional Authority is of the opinion
that the Designated Officer has failed to provide service without sufficient and
reasonable cause, he may impose a penalty against the Designated Officer not
exceeding five thousand rupees.
(b) Where the Revisional Authority is of the opinion that the Designated
Officer has caused delay in providing the service, he may impose a penalty not
exceeding two hundred fifty rupees for each day of delay :
Provided that the Designated Of ficer shall be given a reasonable
opportunity of being heard before any penalty is imposed on him.
(2) Where the Revisional Authority is of the opinion that the Appellate
Authority has failed to decide the appeal within the given time limit without
any suf ficient and reasonable cause, he may impose a penalty against the
Appellate Authority not exceeding five thousand rupees :
Provided that the Appellate Authority shall be given a reasonable
opportunity of being heard before any penalty is imposed on him.
(3) The penalty imposed under this Act shall be char ged from the
Designated Officer, Appellate Authority and the concerned Sub-ordinate staff,
as the case may be and shall be in the proportion to be decided by the Revisional
THE ODISHA RIGHT TO PUBLIC SERVICES ACT, 2012
THE ODISHA RIGHT TO PUBLIC SERVICES MANUAL4
Authority :
Provided that the Sub-ordinate staff be given a reasonable opportunity of
being heard before any penalty is imposed on him.
9. Non compliance amounting to misconduct :– Non-compliance of
the orders of the Revisional Authority shall amount to misconduct and shall
make the concerned person liable for disciplinary action under the Service
Rules applicable to him, if so recommended by the Revisional Authority.
10. Bar of Jurisdiction of Courts :– No Court shall entertain any suit,
application or other proceeding in respect of any order made under this Act
and no such order shall be called in question otherwise than by way of an
appeal or revision under this Act.
11. Power  of the S tate Government to send the applications to
Appellate Authority directly :– Notwithstanding anything contained in this
Act, the S tate Government may , on receipt of an application alleging non-
compliance of the provisions, send the same directly to the Appellate Authority
for taking further actions as per the provisions of this Act.
12. Protection of action taken in good faith :– 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.
13. Display in the public domain :– The services and the given time
limit shall be displayed locally and on the website by the Secretary of the
Department concerned for information of the public in odia language.
14. Powers to make rules :– The State Government shall, by notification
in the Official Gazette, make rules to carry out the provisions of this Act within
a period of six months from commencement of this Act.
15. Power to remove difficulties :– (1) If any difficulty arises in giving
effect to the provisions of this Act, the S tate Government may , by order ,
published in the Official Gazette, make such provisions, not inconsistent with
the provisions of this Act, as may appear to it to be necessary or expedient for
removal of the difficulty :
Provided that no such order shall be made after the expiry of a period of
two years from the date of commencement of this Act.
(2) Every order made under this section shall, as soon as may be, after it
is made, be laid before the Odisha Legislative Assembly.
By Order of the Governor
D. RAUT
Principal Secretary to Government
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