The West Bengal Right To Public Services Act, 2013

Registered No. WB/SC-247 	 No. WB(Part-III)/2013/SAR-24 
 
Ica Math 6ayttt 
     
Extraordinary 
Published by Authority 
ASVINA 5] 	 FRIDAY, SEPTEMBER 27, 2013 	 [SAKA 1935 
PART III—Acts of the West Bengal Legislature. 
GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
NOTIFICATION 
No. 1492-L. 27th September, 2013.—The following Act of the West Bengal Legislature, having been assented by the 
Governor, is hereby published for general information: 
West Bengal Act XVII of 2013 
THE WEST BENGAL RIGHT TO PUBLIC SERVICES 
ACT, 2013. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Kolkata Gazette, 
Extraordinary, of the 27th September, 2013.] 
An Act to provide for the delivery of public services to the people of the State within 
the stipulated time limit and for matters connected therewith and incidental thereto. 
WHEREAS it is considered necessary and expedient to enact a legislation to provide 
for the delivery of public services to the people of the State within the stipulated time 
limit and for matters connected therewith and incidental thereto; 
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the 
Legislature of West Bengal, as follows:— 
Short title. extent 	 1. (1) This Act may be called the West Bengal Right to Public Services Act, and 
commencement. 	 2013. 
(2) It extends to whole of the State of West Bengal. 
2 	 THE KOLKATA GAZETTE, EXTRAORDINARY. SEPTEMBER 27. 2013 	 [PART III 
The West Bengal Right to Public Services Act, 2013. 
(Sections 2-4.) 
(3) It shall come into force on such date as the State Government may, by 
notification in the Official Gazette, appoint and different dates may be appointed for 
different sections. 
Definitions. 	 2. In this Act, unless the context otherwise requires,— 
"Appellate Officer" means an officer appointed or designated by 
notification by the State Government as Appellate Officer under section 
3 of this Act; 
"Commission" means a Commission constituted by the State Government 
for the purposes of this Act; 
"Competent Officer" means an officer appointed or designated by 
notification by the State Government; 
"Designated Officer" means an officer appointed or designated by 
notification by the State Government as Designated Officer under section 
3 of this Act; 
"eligible person" means a person who is eligible for services notified 
by the State Government; 
"notification" means a notification published in the Official Gazette; 
"prescribed" means prescribed by the rules made under this Act; 
"Public Authority" means any authority or body or institution of self-
government established or constituted— 
(i) by or under the Constitution; 
(ii) by any other law made by the State Legislature; 
(iii) by notification issued or order made by the State Government, and 
includes any— 
(A) body owned, controlled or substantially financed by the State 
Government; 
(B) non-government organisation substantially financed, directly 
or in-directly by funds provided by the State Government. 
"Reviewing Officer" means an officer appointed or designated by 
notification by the State Government as Reviewing Officer under section 
3 of this Act; 
"right to service" means right to obtain the service within the stipulated 
lime limit as specified in section 4 of this Act; 
"service" means any service notified by the State Government under 
section 3 of this Act; 
"State Government" means the Government of West Bengal; 
"stipulated time limit" means maximum time to provide the service by 
the Designated Officer or to decide the appeal by the Appellate Officer 
as notified under section 3. 
Right to obtain 
Public Services. 
Right to obtain 
service within 
stipulated time 
limit. 
3. (1) Every eligible person shall have the right to obtain Public Services in 
accordance with the provisions of this Act. 
(2) The State Government may from time to time. specify the Public Authority, 
services to be rendered, Designated Officer, Appellate Officer, Reviewing Officer and 
stipulated time limit for service by notification in the Official Gazette for the purposes 
of this Act. 
4. The Designated Officer shall provide the service notified under section 3 of 
this Act to the eligible person to obtain the service, within the stipulated time limit. 
PART Din 	 THE KOLKATA GAZETTE, EXTRAORDINARY. SEPTEMBER 27, 2013 	 3 
The West Bengal Right to Public Services Act, 2013. 
(Sections 5-7.) 
Providing service 
in stipulated time 
limit. 
Appeal and 
Second Appeal. 
Penalty. 
5. (1) Stipulated time limit shall commence from the date when required 
application for notified service is submitted to the Designated Officer or to a person 
subordinate to him authorized to receive the application. Such application shall be 
duly acknowledged through digital/electronic means or otherwise. 
(2) The Designated Officer on receipt of an application under sub-section (1) shall 
within the stipulated time limit either provide service or reject the application and 
in case of rejection of application, shall record the reasons for not providing service 
in writing and intimate to the applicant. 
6. (1) Any person, whose application is rejected under sub-section (2) of section 
5 or who is not provided the service within the stipulated time limit, may file an appeal 
to the Appellate Officer within thirty days from the date of rejection of application 
or the expiry of the stipulated time limit: 
Provided that the Appellate Officer may admit the appeal even 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 Appellate Officer may order the Designated Officer to provide the service 
within the specified period or may reject the appeal. 
(3) A second appeal against decision of the Appellate Officer shall lie to the 
Reviewing Officer within sixty days from the date on which the decision was made- 
Provided that the Reviewing Officer may admit the second 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 Reviewing Officer may order the Designated Officer to provide the 
service within such period as he may specify or may reject the second appeal. 
(b) Along with the order to provide service, the Reviewing Officer may impose 
penalty according to the provisions of section 7 of this Act. 
(5) (a) If the Designated Officer does not comply sub-section (1) of section 5, 
then the applicant aggrieved from such non-compliance may submit an application 
directly to the Appellate Officer and the application shall be disposed of in the manner 
of first appeal. 
(b) If the Designated Officer does not comply with the order of providing the 
service under sub-section (2) of section 6, then the applicant aggrieved from such 
non-compliance may submit an application directly to the Reviewing Officer and the 
application shall be disposed of in the manner of second appeal. 
(6) The Appellate Officer and the Reviewing Officer shall while deciding an 
appeal under this section, have the same powers as are vested in civil court while 
trying a suit under the Code of Civil Procedure, 1908 in respect of the following 5 of 1908. 
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. (1) (a) Where the Reviewing Officer is of the opinion that the Designated 
Officer has failed to provide service without sufficient and reasonable cause, then he 
may impose a penalty which shall not be less than rupees 250 and not more than rupees 
1000 . 
4 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 27, 2013 	 [PART III 
The West Bengal Right to Public Services Act, 2013. 
(Sections 8-11.) 
(b) Where the Reviewing Officer is of the opinion that the Designated Officer 
has caused delay in providing the service, then he may impose a penalty at the rate 
of rupees 250 per day for such delay on the Designated Officer, which shall not be 
more than rupees 1000: 
Provided that the Designated Officer shall be given a reasonable opportunity of 
being heard before any penalty is imposed on him. 
(2) Where the Reviewing Officer is of the opinion that the Appellate Officer has 
failed to decide the appeal within the stipulated time limit without any sufficient and 
reasonable cause, then he may impose a penalty on the Appellate Officer which shall 
not be less than rupees 250 and not more than rupees 1000: 
Provided that the Appellate Officer shall be given a reasonable opportunity of 
being heard before any penalty is imposed on him. 
(3) The Reviewing Officer, if satisfied that the Designated Officer or the Appellate 
Officer has failed to discharge the duties assigned to him under this Act, without 
sufficient and reasonable cause, may recommend disciplinary action against him 
under the service rules applicable to him. 
Revision. 
Monitoring the 
status of the 
application. 
Deemed service 
condition. 
Display of service 
and given time 
limit. 
8. The Designated Officer or the Appellate Officer aggrieved by any order of 
the Reviewing Officer in respect of imposing penalty under this Act, may make an 
application for revision of the order to the officer nominated by the State Government 
who shall be not below the rank of Joint Secretary to the Government or its equivalent 
rank, within the period of sixty days from the date of that order, who shall dispose 
of the application according to the prescribed procedure: 
Provided that the officer nominated by the State Government may entertain the 
application after the expiry of the said period of sixty days if it is satisfied that the 
application could not be submitted in time for sufficient cause. 
9. (1) Every citizen having applied for any citizen related services shall be 
provided an application number by the department concerned, or local body or Public 
Authority as the case may be, and shall be entitled to obtain and monitor status of 
his application through online means or otherwise in accordance with such procedure 
as may be prescribed. 
(2) The department or the local body or the Public Authority, as the case may 
be, shall maintain status of all applications governing citizen related services online 
and shall be duty bound to update the status of the same as per the procedure as 
prescribed by rules in this regard. 
(3) To encourage and enhance the efficiency of the Government employees, it 
shall be lawful for the competent officer to recommend cash incentive not exceeding 
rupees 1000 in aggregate in favour of a Government employee against whom no 
default is reported in one financial year. On such recommendation, the Government 
or the local body or the Public Authority concerned, as the case may be, shall be 
competent to grant such incentive as it deem fit and proper, not exceeding the amount 
as recommended by Competent Officer along with certificate of appreciation which 
shall be duly recorded in his service book. 
10. Notwithstanding anything contained in the service condition of Government 
employees including such employees of local bodies of the Government, Subordinate 
Offices, Authorities, Companies and Corporations or Public Authorities, they shall 
be bound by the provisions of this Act. 
11. The Services and the given time limit shall be displayed locally and on 
website by the Secretary of the Department concerned or Public Authority for 
information of the public. 
• 
PART III] 	 THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 27, 2013 	 5 
The West Bengal Right to Public Services Act, 2013. 
(Sections 12-16.) 
Constitution of 
Right to Public 
Service 
Commission. 
Officers to be 
public servants. 
Rules and Notifications to be 
laid before State 
Legislature. 
12. (1) The State Government. if considers necessary or expedient to do so, 
may, by notification, constitute for the purposes of this Act, a commission to be called 
the West Bengal Right to Public Service Commission: 
Provided that till such time the Commission is not constituted by the State 
Government, it may. by notification nominate an officer of the State Government, 
not below the rank of a Secretary to perform the functions and exercise the powers 
of the Commission under this Act. 
(2) The Head Office of the Commission will be at Kolkata or at such place, as 
the state Government may by notification determine from time to time. 
(3) The Commission shall be a body corporate, known by the aforesaid name 
having perpetual succession and a common seal with power, subject to the provisions 
of this Act. The Commission may acquire, hold and dispose of property both movable 
and immovable and to enter in contract and shall, by the said name, sue or be sued. 
(4) The powers and functions of the Commission shall be such as may be specified 
by the State Government by notification in the Official Gazette. 
(5) The Commission may appoint such officers and employees as it considers 
necessary for the efficient performance of its function. 
(6) The method of recruitment, salary, allowances and the other terms and conditions 
of service of the officers and employees shall be such as may be prescribed. 
13. All officers and other persons acting or purporting to act in pursuance of 
any of the provisions of this act and the rules made thereunder shall be deemed to 
be public servants within the meaning of section 21 of the Indian Penal Code. 
14. No suit, prosecution or other legal proceeding shall lie against any person 
or officer for anything which is in good faith done or intended to be done under this 
Act or any rule made thereunder. 
15. (1) The State Government may, by notification in the Official Gazette, make 
rules to carry out the provisions of this Act. 
(2) In particular and without prejudice to the generality of the foregoing power, 
such rule may provide for all or any of the following matters; namely:— 
(a) the format to maintain the record of services; 
(b) the procedure of disposing of an application; 
(c) method of recruitment and the terms and conditions of service of the 
officers and employees of the Commission; 
(d) salaries, allowances etc. of the officers and other employees of the 
Commission; 
(e) the procedure for implementing the provisions relating to penalties, 
compensation and cash incentives; and 
(f) any other matter which is required to be or may be prescribed for the 
purposes of this Act. 
16. (1) Every rule made by the State Government under this Act shall be laid, 
as soon as may be after it is made, before the State Legislature, while it is in session, 
for a total period of fifteen days which may be comprised in one session or in two 
or more successive sessions, and if, before the expiry of the session immediately 
following the session or the successive sessions aforesaid, the State Legislature agrees 
Protection of 
action taken in 
good faith. 
Power to make 
rules. 
45 of 1860. 
6 	
THE KOLKATA GAZETTE, EXTRAORDINARY, SEPTEMBER 27, 2013 	 [PART III 
The West Bengal Right to Public Services Act, 2013. 
(Sections 17-19.) 
in making any modifications in the rule or the State Legislature agrees that the rule 
should not be made, the rule shall thereafter have effect only in such modified form 
or be of no effect, as the case may be, so, however that any such modification or 
amendment shall be without prejudice to the validity of anything previously done 
under that rule. 
(2) Every notification made under this Act shall be laid, as soon as may be, after 
it is made, before the State Legislature. 
Power to give 
direction. 
Power to delegate. 
Power to remove 
difficulties. 
17. Notwithstanding anything contained in any other law for the time being in 
force but subject to the provisions of this Act, the State Government may, in the 
exercise of its powers and performance of its function under this Act, issue directions 
in writing to any person, officer or any authority and such person, officer or authority 
shall be bound to comply with such directions. 
18. The State Government may, by notification in the Official Gazette, delegate, 
subject to such conditions and limitations as may be specified in the notification, such 
of its powers and functions under this Act as it may deem necessary or expedient, 
to any officer or other authority. 
19. (I) If any difficulty arises in giving effect to the provisions of this Act, the 
State Government may, for the purpose of removing such difficulty, by order published 
in the Official Gazette, make such provisions, not inconsistent with the provisions 
of this Act, as it may deem necessary or expedient: 
Provided that no such order shall be made after the expiry of a period of two years 
from the commencement of this Act. 
(2) Every order made under sub-section (1) of this section shall, as soon as may 
be after it is made, be laid before the State Legislature. 
By order of the Governor, 
MALAY MARUT BANERJEE, 
Secy. to the Govt of West Bengal, 
Law Department. 
Published by the Controller of Printing and Stationery, West Bengal and printed at Saraswaty Press Ltd. 
(Government of West Bengal Enterprise), Kolkata 700 056. 

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