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The Rajasthan Guaranteed Delivery of Public Services Act, 2011

Rajasthan · state statute
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THE 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. 

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