LexThe Rajasthan Right to Hearing Act, 2012
Rajasthan · state statute
Open in Lexace · Ask the AI about this actTHE RAJASTHAN RIGHT TO HEARING ACT, 2012
(Act No. 22 of 2012)
[Received the assent of the Governor on the 21st day of May, 2012]
An
Act
to provide the right of hearing to the people within stipulated time limits and
to provide for the matters connected therewith and incidental thereto.
Be enacted by the Rajasthan State Legislature 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 Rajasthan Right to Hearing Act, 2012.
(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 Official Gazette, appoint.
2. Definition. – In this Act, unless the context otherwise requires –
(a) “complaint” means any application made by a citizen or a group of
citizens to a Public Hearing Officer for seeking any benefit or relief
relating to any policy, programme or scheme run in the State by the State
Government or the Central Govern ment, or in respect of failure or delay
in providing such benefit or relief , or regarding any matter arising out of
failure in the functioning of, or violation of any law, policy, order,
programme or scheme in f orce in the State by, a public authority but
does not include grievance relating to the service matters of a public
servant, whether serving or retired, or relating to any matter in
which any Court or Tribunal has jurisdiction or relating to any
matter under Right to Information Act, 2005(Central Act No. 22 of
2005) or services notified under the Rajasthan Guaranteed Delivery of
Public Services Act,2011(Act No. 23 of 2011);
(b) "right to hearing" means an opportunity of hearing provided to the
citizens on a complaint within the stipulated time limit and right to
get information about the decision made i n the hearing on the
complaint ;
(c) “Public Hearing Officer” means a Public Hearing Officer notified under
section 3 ;
(d) “Information and Facilitation Centre” means an Information and
Facilitation Centre, including customer care centre, call centre, help desk
and people’s support centre established under section 5;
(e) “public authority” means the State Government and its departments and
includes 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) “first appellate authority” means an officer or authority notif ied as
such under section 3 ;
(g) “second appellate authority” means an officer or authority notified
as such under section 3;
(h) “stipulated time limit” means the maximum time allowed to Public
Hearing Officer for providing an opportunity of hearing on a
complaint, or to the first appellate authority or the second appellate
authority for deciding an appeal, or to the aforesaid authorities for
informing the complainant or appellant, as the case may be, of the
decision on such complaint or appeal, as the case may be;
(i) “days” means the working days, referred to as time limit;
(j) “decision” means a decision taken on a complaint or appeal or
revision by the Public Hearing Officer or appellate authority or
revision authority notified under this Act and includes the information
sent to the complainant or the appellant, as the case may be;
(k) “prescribed” means prescribed by the rules made under this Act; and
(l) “State Government” means the Government of Rajasthan.
3. Notification of Public Hearing Officers, first appellate authority, second
appellate authority and revision authority and stipulated time limit –
The State Government may notify from time to time, the Public Hearing
Officer, first appellate authority, second appellate authority and revision
authority and stipulated time limits.
4. Right to get opportunity of hearing on complaint within the stipulated
time limit.
(1) The Public Hearing Officer shall provide an opportunity of hearing on a
complaint filed under this Act within the stipulated time limit.
(2) The Public Hearing Officer may seek the 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 Public Hearing Officer
seeking his assistance and for the purposes of any contravention of the
provisions of this Act, such other officer or employee, as the case may
be, shall be treated a Public Hearing Officer.
(4) The stipulated time limit shall start from the date when a complaint is
filed to the Public Hearing Officer or to a person authorized by him to
receive the complaints. Receipt of a complaint shall be duly
acknowledged.
(5) The Public He aring Officer on receipt of a complaint under sub -section
(1) shall, within the stipulated time limit, provide an opportunity of
hearing to the complainant and after hearing the complainant, decide the
complaint either by accepting it or by referring it to an authority
competent to grant the benefit or relief sought for or by suggesting an
alternative benefit or relief available under any other law, policy, order,
programme or scheme or by rejecting it for the reasons to be recorded in
writing and shall com municate his decision on the complaint to the
complainant within the stipulated time limit.
5. Establishment of Information and Facilitation Centre –
(1) For the purposes of the efficient and effective redressal of grievance of
the people and to receive complain ts under this Act, the State
Government shall establish Information and Facilitation Centers which
may include establishment of customer care centers, call centers, help
desks and people’s support centers.
(2) The State Government may, by notification, make r ules in relation to
Information and Facilitation Center.
(3) Every public authority shall be responsible for the development,
improvement, modernization and reform in redressal of grievance
system including redressal of grievance through information technology.
6. Appeal –
(1) Any person who is not provided an opportunity of hearing within the
stipulated time limit or who is aggrieved by the decision of the Public
Hearing Officer, may file an appeal to the first appellate authority within
thirty days from the expir y of the stipulated time limit or from the date
of the decision of the Public Hearing Officer:
Provided that the first appellate authority may admit the appeal after the
expiry of the period of thirty days if it is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) If the Public Hearing Officer does not comply with the provision of
section 4, any person aggrieved by such non -compliance may submit
complaint directly to the first appellate authority which shall be disposed
of in the manner of a first appeal.
(3) The first appellate authority may o rder the Public Hearing Officer to
provide the opportunity of hearing to the complainant within the period
specified by it or may reject the appeal.
(4) A second appeal against the decision of the first appellate authority shall
lie to the second appellate authority within thirty days from the date of
the decision of the first appellate authority:
Provided that the second appellate authority may admit the appeal after
the expiry of the period of thirty days if it is satisfied that the appellant
was prevented by sufficient cause from filing the appeal in time.
(5) An aggrieved person may file an appeal directly to the second appellate
authority, if the Public Hearing Officer do es not comply with the order
of first appellate authority under sub -section (3) or the first appellate
authority does not dispose of the appeal within the stipulated time limits
which shall be disposed of in the manner of a second appeal.
(6) The second appellate authority may order the Public Hearing Officer or
the first appellate authority or provide an opportunity of hearing to the
complainant or dispose of the appeal, as the case may be, within the
period specified by it or may reject the appeal.
(7) Along with the order to provide an opportunity of hearing to the
complainant, the second appellate authority may impose a penalty on
Public Hearing Officer in accordance with the provisions of section 7.
(8) The first appellate authority and second appellate authority s hall, 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 respect of the following
matters, namely :-
(a) summoning and enfo rcing the attendance of any person and examining
him on oath;
(b) discovery and production of any document or other material object
producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning of any public record;
(e) issuing commission for the examination of witnesses;
(f) reviewing its decisions, directions and orders; and/or
(g) any other matter which may be prescribed.
7. Penalty.-
(1) Where the second appellate authority is of the opinion that the Public
Hearing Officer has failed to provide an opportunity of hearing within
the stipulated time limit without sufficient and reasonable cause, it may
impose on him a penalty which shall not be less than five hundred
rupees but which shall not exceed five thousand rupees:
Provided that before imposing any penalty un der this sub -section, the
person on whom penalty is proposed to be imposed shall be given a
reasonable opportunity of being heard.
(2) The penalty imposed by the second appellate authority under sub-section
(1) shall be recoverable from the salary of the Public Hearing Officers.
(3) The second appellate authority, if it is satisfied that the Public Hearing
Officer or the first appellate authority has failed to discharge the duties
assigned to him under this Act, without assigning sufficient and
reasonable cause, may recommend action against him under the service
rules applicable to him.
8. Revision – The Public Hearing Officer or first appellate authority
aggrieved by an order of the second appellate authority in respect of
imposing of penalty under this Act may make an application for revision
to the officer or authority nominated by the State Government within a
period of sixty days from the date of that order. The nominated officer or
authority shall dispose of the application in accordance with the
prescribed procedure:
Provided that the officer or authority 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 applicant was pre vented by sufficient
cause from filing the appeal in time.
9. Protection of action taken in good faith. – No suit, prosecution or other
legal proceedings shall lie against any person for anything which is done or
intended to be done in good faith under this Act or any rules made
thereunder.
10. Bar of j urisdiction of courts.– No civil court shall have jurisdiction to
hear, decide or deal with any question or to determine any matter which is
by or under this Act required to be heard, decided or dealt with or to be
determined by the Public Hearing Officer, first appellate authority, second
appellate authority or the officer nominated by the State Government.
11. Provisions to be in addition to existing laws. – The provisions of this Act
shall in addition to, and not in derogation of, any other law for the time
being in force.
12. Power to make rules.-
(1) The State Government may, by notification in the Official Gazette, make
rules to carry out the purposes of 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 sessions and if before the
expiry of the session in which they are so laid or of the se ssion
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 thereafter have effect only in such modified
form or be of no effect, as the case ma y be, so however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done there under.
13. Removal of difficulties.–
(1) If any difficulty arises in giving effect to the provisions of this Act, the
State Gov ernment 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 expedient 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 shal l be laid, as soon as may be,
after it is so made, before the House of the State Legislature.
Prakash Gupta
Principal Secretary to the Government.
19, Government Central Press, Jaipur.
Form 1
FORM OF APPLICATION
(See rule 3)
To,
The Public Hearing Officer,
............................................
.............................................
(Name of the Public Hearing Officer &
Office Address)
1. Name of the complainant:.......................................................
2. Father's Name:.......................................................................
3. Address:................................................................................
Contact No. / Mobile No……………………………..
4. Complaint:
(a) Benefit or relief claimed:
……………………………………………………………………...
……………………………………………………………………………………
…………………………………………..........…...
(Separate sheet may be attached)
(b) Name of officer and department to which complaint relates:
......………………………………………………………………
5. If documents annexed in support of complaint, details of documents:
(i)
(ii)
(iii)
6. If complaint made earlier: Yes/No
(If, yes give the name of officer/Department)
7. Reply received on the earlier Yes/No
Complaint:
(If yes, give details of reply)
8. Any other information which the application may like to mention:……..
Date:.................................
Signature of complainant
(Please obtain acknowledgement of your complaint compulsorily)
Form 2
ACKNOWLEDGEMENT
(See rule 4)
Unique Registration No............... Date: ………...
1. Name of the complainant:..............................................................
2. No. of document annexed with complaint:……………………….
3. Date fixed for hearing of the complaint:………………………….
4. Any other particular, the public Hearing Officer may like to
mention:…………………………………………………………...
Place:................................
Date:.................................
Signature of Recipient
Name and Designation with seal
Form 3
(See rule 7)
Name of the office/department:...................................................
No.......... Date:………………
1. Name of the Public Hearing Officer..............................................
2. Name of the complainant:………………………………………...
3. Reference of Unique Registration Number of the complaint and
date:………………………………………………………………............
........................................................................................
4. Subject of the Complaint:…………………………………………
5. Date of Hearing:.............................................................................
………………………………………………………......………
Decision
Signature of Public Hearing Officer
…………………………………………………………………………
If the complainant aggrieved by the decision he may file an appeal w ithin thirty
days to the first A ppellate Authority: (details of first Appellate
Authority)…………………………………………………………………………
………………………………………………………………
Signature of Public Hearing Officer
Form 4
INFORMATION RELATING TO HEARING UNDER
THE RAJASTHAN RIGHT TO HEARING ACT, 2012
(See rule 8)
Name of the Public Hearing Officer:.............................................................
Office Address:............................................................................................
1 Name of the person
authorised to receive the
application
:
………………………………………
………………………………………
………
2 Days fix for hearing the
complaint
: Days …………………….
3 Stipulated time limit for
disposal of complaint
:
4 Time limit for filing the first
appeal
: Within thirty days from the expiry
of stipulated time limit or from the
date of decision.
5 Time limit for filing the second
appeal
: Within thirty days from the date of
decision of the first Appellate
Authority.
6 Name and Address of the first
Appellate Authority
: ……………………………………
……………………………………
……………
7 Name and Address of the
second Appellate Authority
: ……………………………………
……………………………………
……………
8 Time limit of communication
of the decision on the
complaint
:
Note: Please obtain acknowledgement of your application
Compulsorily.
Signature of Public Hearing Officer
Form-5
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
DESIGNATED PUBLIC HEARING OFFICER
(See rule 19)
Name of the office of Public Hearing officer:..................................................
Month.......... Year……………
S.
No
.
Unique
Reg.
No.
Date of
receipt
of com-
plaint
Name
&
Address
of the
Appli-
cant
Subject
of the
Com-
plaint
Last date
of the
stipulated
time limit
Appli-
cation
allowed/
disallo-
wed/
Transfer
to other
PHO
Date
and
details
of the
order
passed
date of
decis-
ion
Date of
intimation
the
decision
sent to the
applicant
1 2 3 4 5 6 7 8 9 10
Form-6
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
FIRST APPEAL AUTHORITY
(See rule 19)
Name of the office of the first Appellate Authority:…………………….
S.
No
.
Date
of
filing
first
appeal
Unique
Reg.
No. of
complaint
Name &
Address
of
appellant
Name &
Address
of the
PHO
Last date
of the
stipulated
time limit
Appeal
accepted/
rejected
Date of
Decision
date of
intimation
the decision
sent to the
appellant
1 2 3 4 5 6 7 8 9
Form-7
(See rule 19)
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
SECOND APPELLATE AUTHORITY
Name of the office of the second Appellate Authority:.......................................
S.
No
.
Date
of
filing
second
appeal
Unique
Reg. No.
of
complaint
Name &
Address
of
appellant
Name &
address
of the
PHO/
first
Appellate
Authority
Appeal
accepted/
rejected
Penalty
(if any)
Rs.
Date of
decision
Date of
intimation
the decision
sent to the
appellant
1 2 3 4 5 6 7 8 9
FORM-8
FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF
REVISION AUTHORITY
(See rule 19)
Name and address of the office of the Revision Authority…………..
[No. F. 13(1) AR&C/Gr.I/2012] By Order of the Governor,
MkW- vkj-ih-tSu]
Principal Secretary to the Government.
S.
No
.
Date of
filing
the
revision
Unique
Reg. No.
of
complaint
Name &
address
of applic-
ant at
revision
Name &
address of
the PHO/
first
Appellate
Authority
Revision
accepted/
rejected
Penalty
(if any)
Rs.
Date of
Decision
Date of
intimation
the decision
sent
1 2 3 4 5 6 7 8 9