The Rajasthan Guaranteed Delivery of Public Services Act, 2011
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE RAJASTHAN GUARANTEED DELIVERY OF PUBLIC SERVICES
ACT 2011
(act number 23 of 2011)
[Received the assent of the Governor on the 21st day of September 2011]
An
Act
to provide for the delivery of certain services to the people of the S tate by public
authority within stipulated time limit and for matters connected therewith an d
incidental thereto.
Be it enacted by the Rajasthan State Legislature in the Sixty -second year of
the Republic of India, as follows:-
1. Short title, extent and commencement.- (1) This act may be called in
Rajasthan Guaranteed Delivery of Public Services Act, 2011
(2) It shall extend to the whole of the State of Rajasthan
(3) It shall come into force on such date, as the State Government may,
by notification in the Official Gazette, appoint.
2. Definitions.- In this A ct, unless the context otherwise requires ,-
(a) “designated officer” means an officer notified as such for providing a
service under Section 3;
(b) “ eligible person ” means a person who is eligible for obtai ning a
notified service;
(c) “first appeal officer ” means an officer who is notified as such under
Section 3;
(d) “prescribed” means prescribed by rules made under this act;
(e) “public authority” means the State G overnment and its department s
and includ es any authority or body or institution established or
constituted by or under any law made by the State Legislature and
owned, controlled or substantially financed, directly or indirectly, by the
funds provided by the State Government;
(f) “right to service” means right to obtain a service within the stipulated
time limit under Section 4;
(g) “ second appellate authority” means an officer who is notified as such
under section 3;
(h) “Service” means any service being provided by a public authority
which is notified under Section 3;
(i) “State Government” means the Government of Rajasthan;
(j) “stipulated time limit” means the maximum time allowed to the
designated officer for providing a service or to decide an appeal by the
first appeal officer as notified under Section 3.
3. Notification of services, designated officers, first appeal officer,
second appeal authority and stipulated time limit .- The state
government may, from time to time, notify the services, designated
officers, first appeal second appeal and stipulated time limits to which
and to whom this Act shall apply.
4. Right to obtain service within the stipulated time limit . (1) The
designated officer shall provide the service notified under Section 3 to
the person eligible to obtain the service, within the stipulated time limit.
(2) The designated officer may seek assistance of any other officer or
employee as he considers it necessary for the proper discharge of his
duties under sub-section (1).
(3) any officer or employee, whose assistance has been sought under sub-
section (2), shall render all assistance to the designated officer seeking
his assistance and for the purposes of any contravention of the provisions
of this Act, search other officer or employee, as the case maybe, shall be
treated a designated officer.
5. Providing a service in the stipulated time limit. - (1) The stipulated
time limit shall start from the date when the application required for
obtaining a notified service is submitted to the designated officer or to a
person subordinate to him authorized to receive the application. Such an
application shall be duly acknowledged.
(2) The designated officer on receipt of an application under sub -section
(1) shall, within the stipulated time limit, either provide the service or
reject the appli cation and in case of rejection of the application, shall
record the reasons in writing and inform the applicant.
6. Appeal.- (1) Any person, whose application is rejected under sub -section
(2) of section 5 or who is not provided a service within the stipula ted
time limit, may file an appeal to the first appeal officers within 30 days
from the date of rejection of the 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
prevented by sufficient cause from filing the appeal in time.
(2) The first appeal officer may order the designated officer to provide
the service within the specified period or may reject the appeal.
(3) A second appeal against the decision of the first appeal officer shall
lie to the second appellate authority within sixty days from the date on
which the decision was made:
Provided that the second appellate authority may admit the appeal
after the expiry of the period of sixty days if he is satisfied that the
appellant was prevented by sufficient cause from filing the appeal in
time.
(4) (a) the second appellate authority map order 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 a penalty according to the provisions of section 7.
(5)(a) If the designated officer does not comply with sub -section (1) o f
section 5, the applicant aggrieved by such non -compliance may submit
an application directly to the first appeal officer. This application shall be
disposed of in the manner of the first appeal.
(b) If the designated officer does not comply with the orde r of providing
a service under sub -section (2) of section 6, the applicant aggrieved by
such non -compliance may submit an application directly to the second
appellate authority. This application shall be disposed of in the manner of
the second appeal.
(6) The first appeal officer and second appellate authority shall, while
deciding an appeal 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 (Central Act No.5 of 1908) in respe ct 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.
7. Penalty.- (1)(a) Where the second appellate authority is of the opinion
that the designated officer has failed to provide a service without
sufficient and reasonable cause, he may impose a lump sum penalty
which shall not be less than five hundred rupees and not more than five
thousand rupees.
(b) Where the second appellate authority is of the opinion that the
designated officer has caused delay in providing a service without
sufficient and reasonable cause, he may impose a penalty at the rate of
two hundred and fifty rupees per day, which shall not exceed five
thousand rupees for such delay on the designated officer.
(c) The penalty imposed by the second appellate authority under clause
(a) or (b) would be recoverable form the salary of the designated officer:
Provided that before imposing any penalty under this sub -section, the
person on whom penalty is proposed to be imposed shall be given a
reasonable opportunity of being heard.
(2) Where the second appellate authority is of the opinion that the first
appeal officer has failed to decide an appeal within the stipulated time
limit without assigning sufficient and reasonable cause, he may impose a
penalty on the first appeal officer which shall not be less than five
hundred rupees and more than five thousand rupees.
Provided that the fi rst appeal officer shall be given a reasonable
opportunity of being heard before any penalty is imposed on him.
(3) The second appellate authority may also order that such an amount be
given as compensation to the appellant from the penalty imposed under
sub-section (1) or (2) or both, as the case may be, as shall not exceed the
penalty so imposed.
(4) The second appellate authority, if it is satisfied that the designated
officer or the first appeal officer has failed to discharge the duties
assigned to hi m under this Act, without assigning sufficient and
reasonable cause, may recommend disciplinary action against him under
the service rules applicable to him.
8. Revision.- The designated officer or first appeal officer aggrieved by
an order of the second a ppellate authority in respect of imposing of
penalty under this Act, may make an application for revision to the
officer nominated by the State Government within a period of sixty days
from the date of that order. The nominated officer shall dispose of th e
application in accordance with the prescribed procedure:
Provided that the officer nominated by the State Government may
entertain an application after the expiry of the said period of sixty days, if
he is satisfied that the application could not be submitted in time for
sufficient reason.
9. Protection of action taken in good faith. - No suit, prosecution or
other legal proceedings shall lie against any person for anything wh ich is
done or intended to be done in good faith under this Act or any rules
made thereunder.
10. Power to make rules. - (1) The State Government may, by
notification in the Official Gazette, make rules to carry out the purpose if
this Act.
(2) All rules made under this section shall be laid, as soon as may be,
after they are so made, before the House of the State Legislature, while it
is in session, for a period of not less than fourteen days, which may be
comprised in one session or in two successive sessi ons and if before the
expiry of the session in which they are so laid or of the session
immediately following, the House of the State Legislature makes any
modification in any such rules or resolves that any such rule should not
be made, such rule shall th ereafter 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 thereunder.
11. Removal of difficulties. - (1) If any difficulty arises in giving effect
to the provisions of this Act, the State Government may, by an order
published in the Official Gazette, do anything not inconsistent with the
provisions of this Act, which appears to it to be necessary or expedie nt
for removing the difficulty:
Provided that no order under this section shall be made after the
expiry of two years from the commencement of this Act.
(2) Every order made under this section shall be laid, as soon as may be,
after it is so made, before the House of the State Legislature.
Administrative reforms and coordination department
(Group-1)
Notification
Jaipur, October 20, 2011
G.S.R. 84 .- In exercise of the powers conferred by sub -section (1) of
section 10 of the Rajasthan guaranteed delivery of public services a ct,
2011 (Act No. 23 of 2 011), the S tate Government here by makes the
following rules, namely:-
1. Short t itle and commencement .- (1) These rules may be called
the Rajasthan Guaranteed Delivery of Public Services Rules, 2011.
(2) They shall come into force on and from 14th November, 2011.
2. Definitions.- (1) In these rules unless the context otherwise
requires,-
(a) “Act” means the Rajasthan guaranteed delivery of public
services Act, 2011 (Act No.23 of 2011)
(b) “Form” means the Form appended to these rules; and
(c) “Section” means the section of the Act.
(2) The words and expression used in these rules but not defined
shall have the same meaning as assigned to them in the Act.
3. Authorization by designated officer for receiving the
application.- The designated officer may, by order, authorise any
of his sub -ordinate officer or employee to receive the applications
and to issue the acknowledgement thereof.
4. Issuing of acknowledgement to applicant. - The person
authorized under rule 3 shall give acknowledgement to the
applicant in Form -1 and if necessary documents have not been
annexed with the application, then it shall be clearly mentioned in
acknowledgement and in such acknowledgement the stipulated
limit shall not be mentioned:
Provided that if the necessary documents are annexed with
application then the last date of the stipulated time limit shall be
mentioned in the acknowledgement.
5. Denial or delay in providing service. - The service shall be
provided in stipulated time limit and in the event service is denied
or delayed, the designated officer shall communicate to the
applicant:-
(1) The reasons for such denial or dealy;
(2) The period within which an appeal against such denial or delay
may be preferred; and
(3) The particulars, including all available contact information of
the relevant Appellate authority.
6. Computation of stipulated time limit. - While computing the
stipulated time limit for providing services, the public holiday shall
not be counted.
7. Display of information on the notice board. - The designated
officer shall, for the convenience of common public, cause to
display all relevant information related to services on the notice
board in Form -2, the notice board shall be installed at a
conspicuous place of the office. All the necessary documents that
are required to be enclosed with the application for obtaining the
notified services shall also be displayed on the notice board.
8. Exemption of fee .- No fee shall be payable along with memo of
first appeal or second appeal and revision application.
9. Contents of memo of first appeal or second appeal and revision
application.- Every memo of first appeal or second appeal and
revision application shall specify the following information,-
(i) name and address of the appellant or applicant at revision, as
the case may be;
(ii) name and address of the designated officer, officer of
employee treated as designated officer under the provision
of sub-section (3) of section 4 of the Act, first appeal officer
or second appellate a uthority, as the case be, against whose
order appeal or revision filed;
(iii) particulars of the order against which the appeal or revision
preferred;
(iv) if the appeal is against the refusal of acknowledgement of
the application by the designated officer, then the date of
application and the name and address of the designated
officer to whom the application was presented;
(v) The grounds for appeal or revision;
(vi) The relief sought, and
(vii) Any other relevant information which is necessary for the
disposal of appeal or revision.
10. Documents to be enclosed with first appeal, second appeal or
revision.- The following documents shall be enclosed with memo
of appeal or revision application, namely:-
(i) self attested copy of the order against which the appeal or
revision is preferred;
(ii) the copies of the documents mentioned in the memo of
appeal or revision application; and
(iii) the index of the documents enclosed with the memo of
appeal or revision application.
11. Procedure for deciding first appeal, second appeal or revision.-
While deciding the first appeal, second appeal or revision-
(i) the relevant documents, public documents or copies thereof
shall be inspected;
(ii) any officer may be authorised for appropriate inquiry, if
required; and
(iii) designated officer or first appeal officer, as the case may b e,
may be heard in revision.
12. Service of notice of hearing. - The notice of hearing of first
appeal, second appeal or revision, as the case may be, shall be
served in any of the following manner:-
(i) by the party or person himself;
(ii) through process server;
(iii) by the registered post with due acknowledgement: or
(iv) through the department concerned.
13. Personal appearance. - (1) In first appeal, second appeal or
revision the appelant and or applicant at revision, as the case may
be, shall be intimated with the date of hear ing, at least seven clear
days prior to such date of hearing.
(2) The appellant or applicant at revision, as the case may be, may
present in person in the hearing of appeal or revision, or may opt
not to present in the hearing.
(3) If it is satisfied that the circumstances exist due to which the
appellant and or applicant at revision is prevented to be present at
the hearing, then before taking the final decision one opportunity
of hearing shall be given to the appellant or applicant at revision or
any other appropriate action may be taken which deems fit.
(4) If any party remains absent after due service of notice of the
fixed date of hearing, then the appeal or revision application, as the
case may be, shall be disposed in his absence or dismissed due to
non-appearance.
14. Order in an appeal or revision. - (1) The order of appeal or
revision Shall be pronounced in open proceedings and shall be in
writing by the first appeal officer, second appellate authority or
revising officer, as the case may be.
(2) The copy of first appeal order shall be given to the appellant
and designated officer.
(3) The copy of second appeal order shall be given to the appellant,
designated officer and first appeal officer.
(4) In case of imposing penalty, the second appellate authority
shall endorse a copy of order to the concerned-
(a) Drawing and Disbursing Officer, with the direction to recover
the amount of penalty from next salary of the designated officer or
first appeal officer, as the case may be; and
(b) Treasury officer
(5) In case where the second appellate authority recommend for the
departmental enquiry against the designating officer or first appeal
officer, as the case may be, he shall send the copy of order passed
by him for necessary disciplinary action to the d isciplinary
authority concerned.
(6) Where in a revision, the order of second appellate authority is
revised or modified, the revising officer shall send copy of the said
order to the second appellate authority and the officers specified
tell sub-rule (4) and (5).
15. Recovery of penalty. - (1) On receiving the order of impostion
of penalty under sub -rule (4) of rule 14, the Drawing and
Disbursing Officer shall recover the amount of penalty from the
next salary of the designated officer or first appellate officer, as the
case may be, and deposit the same in the government account and
send a copy of challan to the second appellate authority concerned.
(2) If in revision any other passed by the second appellate authority
is revised or modified the copy of suc h order shall be sent to the
Drawing and Disbursing Officer and Treasury Officer concerned
for compliance.
16. Payment of compensation.- (1) In case of order of payment of
compensation to the applicant under sub -section (3) of Section 7,
the second appellate authority shall order to make payment within
thirty days.
(2) Any amendment in the amount of penalty in revision, shall not
affect the payment of amount of compensation.
17. Maintenance of record. - The designated officer, first appeal
officer, second appellate authority and revising officer shall
maintain the record of the cases in Form -3, Form-4, Form -5 and
Form 6.
18. Monitoring of implementation.- The State Government may
introduce a system for centralized monitoring of the timely
delivery of notified services, including service delivery through
use of Information and Communication Technologies, and for
monitoring various provisions of this Act.
19. Direction by the State Government.- The State Government
may issue directions, from time to time, for effective
implementation of the provisions of the Act, superintendence of
the cases filed under the Act and for the inspection of the offices of
the first appeal officer, second appellate authority, revising officer
and Drawing and Disbursing Officer.
20. Dissemination and training.- The State Government may, to
the extent of availability of financial and other resources-
(i) develop an orga nize campaigns and programs to advance the
understanding of the public, in particular of the disadvantaged
communities, as to how to exercise the rights contemplated under
the Act;
(ii) encourage public authorities to participate in the development and
organization of programs preferred to in clause (i) above and to
undertake such programs themselves;
(iii) promote timely and effective dissemination of accurate
information by public authorities about the notified services and
timelines and the processes for applications;
(iv) train the designated officer, first appeal officer, second appellate
authority and revising officer, 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 rea sonably be required
by a person who wishes to exercise any right specified under the
Act; and
(vi) update and publish guidelines referred to in clause
(vii) above at regular intervals which shall, in particular and without
prejudice to the generality of the clause (V) above, include:
(a) the objects of the Act;
(b) the manner and the form in which request for the services
shall be made to the de signated officer or file appeal to the
appellate authorities;
(c) any additional regulations for circulars made or issued in
relation to obtain the services in accordance with the Act.
Form- I
(See rule 4)
FORM OF ACKNOWLEDGEMENT
Name of the designated officer:...................................................
Office Address:............................................................................
1. Name and address of the applicant.........................................
2. Date of receiving application in the office of designated
officer.....................................................................
3. Name of the service for which the application is
given................................................................................
4. Particulars of the documents which are essential for receiving
service but are not enclosed with the application
..................................................................................................
5. Last date of the stipulated time limit...............................................
Place:................................
Date:.................................
Signature of Recipient
Name and Designation with seal
Note: In case all the required documents are not enclosed with the
Application, the last date mentioned in point 5 above shall not be given.
Form-2
(See rule 7)
FORM OF NOTICE BOARD
Name of the designated officer.......................................
Office address..................................................................
S.No. Notified
services
Documents
to be
enclosed
with the
application
Stipulated
time
limits for
providing
the
services
Designation
and address
of the first
appeal
officer
Stipulated
time limit
for the
disposal
of first
appeal
Designation
and address
of the
second
appellate
authority
1 2 3 4 5 6 7
1. Name of the person authorised to receive application in the office of the
designated officer.....................................................................
2. Time limit for filing appeal: within thirty days from the date of order
passed by the designated officer.
3. Time limit for filing second appeal: within sixty days from the date of
order passed by the first appeal
officer.
Note: Please obtain acknowledgement of your application compulsorily.
Form-3
(See rule 17)
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
DESIGNATED OFFICER
Name of the office of the designated Officer:...........................................
Month..................................Year........................................
S.N
o.
Name and
address of
applicant
Service for
which the
application
is given
Last date
of the
stipulated
time limit
Application
allowed/
disallowed
Date and
details of the
order passed
1 2 3 4 5 6
Form-4
(See rule 17)
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
FIRST APPEAL OFFICER
Name of the office of the first appeal officer:........................................
S.No. Name and
address of
appellant
Date of
filing first
appeal
Designation of the
designated officer
(along with the
name of office)
against the order of
whom the appeal is
filed
Last date of
the
stipulated
time limit
for disposal
of first
appeal
Date and
detail of
order in
appeal
1 2 3 4 5 6
Form-5
(See rule 17)
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
SECOND APPELLATE AUTHORITY
Name of the office of the second appellate authority:.......................................
S.N
o.
Name
and
address
of
appella
nt
Date
of
filing
secon
d
appea
l
Designati
on of the
first
appeal
officer
(along
with the
name of
designatio
n officer)
Details of
disposal of
second appeal
(a) dismissal;
(b) penalty;
(c) recommend -
ation of
departmental
enquiry; and
(d) payment of
compensation
Date of
recovery
of
penalty
Date of
payment
of
amount
of
compens
ation
Follow
up action
regarding
recomme
ndations
of
Departm
ental
Enquiry
Date of
order of
revision
FORM-6
(see rule 17)
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
REVISING OFFICER
Name and address of the office of the Revising Officer:..................................
S.No. Name designation and
address of the
applicant at revision
Details of
order against
which the
revision is
made
Details of
order of
revision
Remarks
1 2 3 4 5
[No. 13(1) AR&C/Gr.1/2008.]
By order of the Governor,
Mk- vkj-ih-tSu]
Principal Secretary to the Government.
Government Central Press, Jaipur.
Lex