The Assam Right to Public Services Act, 2012
###### Registered No.-768/97

# THE ASSAM GAZETTE

#### EXTRAORDINARY

 PUBLISHED BY THE AUTHORITY

###### 194 CT’, 2012, 12 ^ 5 t , 1934 (W )

 No. 194 Dispur, Wednesday, 2nd May, 2012, 12th Baisakha, 1934 (S.E.)

 GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR

 LEGISLATIVE DEPARTMENT :: : LEGISLATIVE BRANCH

 NOTIFICATION

 The 2nd May, 2012

 No. LGL18/2012/57.- The following Act of the Assam Legislative Assembly which received
 the assent of the Governor is hereby published for general information.

##### ASSAM ACT NO. IX OF 2012

4 .sisS

##### (Received the assent of the Governor on 27th April, 2012)

 THE ASSAM RIGHT TO PUBLIC SERVICES ACT, 2012


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###### 1190 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012

### AN
 ACT

to provide for the delivery of notified public services to the

people of the State of Assam within the stipulated time limit and for

matters connected therewith and incidental thereto.

Preamble Whereas it is expedient to provide for the delivery of

notified public services to the people of the State of Assam within

the stipulated time limit and for matter concerned therewith or in

incidental thereto;

It is hereby enacted in the Sixty-third Year of the Republic of

India as follows:

Short title,

1. (1) This Act may be called the Assam Right to Public Services

extent
and Act, 2012.
commencement

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State

Government may, by notification in the Official Gazette,

appoint.

Application

2. This Act shall apply to Government Servants, but shall not apply to,

(i) persons appointed on casual or daily rates basis;

(ii) persons employed on contract except when the

contract provides otherwise;

(iii) persons whose terms and conditions of services are

expressly provided in the Constitution.

###### Definitions 3. In this Act, unless the context otherwise requires, -

 (a) "Appellate Authority” means an authority including

 one belonging to the local self government who is

 notified as such under section 4, who shall be

 empowered to impose cost on the Government

 Servant defaulting or delaying the delivery of

 ' services in accordance with this Act;


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###### THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 1191

 (b) "application" means a written request by an eligible

 person to provide notified services under this Act;

 (c) "Designated Public Servant" means an authority

 including one belonging to the local self government

 and organizations, fully or partially funded by the

 . State Government, notified as such for providing the

 service under section 4;

A (d) “eligible person" means a citizen who is eligible for

###### obtaining the notified service;"

 (e) “prescribed" means prescribed by the rules made

 under this Act;

 (f) "Reviewing Authority" means an authority including

 one belonging to the local self government who is

 notified as such under section 4;

 (g) "Government Servant" means a person appointed

 substantively to any civil service or post in

 connection with the affairs of the State Government

 including person working on deputation basis; and

 person appointed in a local body which is owned,

 controlled or substantially financed by the State »
 Government;

 (h) "Right to Public Service" means right to obtain the

 notified service under this Act from time to time

 within the stipulated time limit as described under

 section 5;

 )


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###### 1192 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012

(i) "notified service" means any service notified by the State

Government under section 4;

(j) “State Government" means the Government of Assam;

(k) "stipulated time limit" means maximum time to provide the

service by the Designated Public Servant or to. decide the

appeal by the Appellate Authority and Reviewing Authority

as notified under section 4 ;

(l) "notification" means a notification published in the Official

Gazette;

(m) “rules" means rules made by the State Government under

this A c t;

(n) "Year" means the calendar year commencing on the 1st day

of January of the Year and ending on the 31st day of

December.

Notification of

4. The State Government may, from time to time, notify the

services,
Designated Public services including provisions for fast track service delivery ("Tatkal
Servant, Appellate

Sewa"), Designated Public Servants, Appellate Authorities,

Authority, Reviewing
Authority, User Reviewing Authorities, User Charge, Stipulated Time Limits, and
Charge and stipulated

the area of the State to which this Act shall apply.

Time Limits

Right of citizens to 5. Every eligible person shall have the right to obtain the services

obtain tim e bound

in accordance with this Act within the tim e bound period as

delivery of services

notified under section 4.


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 2012 1193

Liability of 6. (1) The Designated Public Servant shall provide the notified
Government
Servant to deliver services under section 4 to the eligible person within the
services w ithin the

stipulated time limit.

stipulated period

(2) The Designated Public Servant may seek the assistance

of any other officer or employee connected with the delivery of

that particular notified service as he may consider 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 Public Servant seeking his assistance and for any

contravention of the provision of this Act ,such other officer or

employee, whose assistance has been sought, shall be treated a

Designated Public Servant under this Act for such contravention.

Providing notified 7. (1) The stipulated time lim it shall start from the date when the
services within
stipulated time application for obtaining a required notified service is submitted
lim it

to the Designated Public Servant or to a person sub ordinate to

him authorized to receive the application. Such application shall

be duly acknowledged.

(2) The Designated Public Servant on receipt of an application

under sub- section (1) shall, within the stipulated tim e lim it,

provide the notified service or reject the application and fn case

of rejection of application, he shall record the reasons in writing

and communicate to the person making the application

(i) the reasons for such rejection;

(ii) the period within which an appeal against

such rejection may be preferred; and

(tii) the particulars of the Appellate Authority.

###### Appeal 8. (1) Any person, whose application is rejected under sub­

section (2) of section 7 or who has not been provided the notified

service within the stipulated time lim it, may file an appeal to the

Appellate Authority within thirty days from the date of rejection

of application or the expiry of the stipulated time lim it. Filing of

such appeal shall be duly acknowledged by the Appellate

Authority by providing the Appellant a signed receipt of the

same:


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###### 1194 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012

Provided that the Appellate Authority may admit the

appeal after the expiry of the period of thirty days but in no

case beyond sixty days from the date of rejection of application

or the expiry of the stipulated time limit for delivery of that

particular notified service, if he is satisfied that the appellant

was prevented by sufficient cause from filing the appeal in time:

Provided further that in case of rejection of an

application for a notified service for which any other law for

the time being in force prescribes remedy, the applicant shall

follow the process under such law for the time being in force.

(2) (a) The Appellate Authority may order the Designated Public

Servant to provide the notified service within the stipulated

time limit as specified in the notification under section 4 for

that service or may reject the appeal and in case of rejection of

the appeal, the Appellate Authority shall record the reasons of

rejection in his order.

(b) Along with the order to provide the notified service, the

Appellate Authority may impose penalty according to the

provisions of section 9 of this Act.

(3) The Designated Public Servant or the Applicant aggrieved by

any order of the Appellate Authority, may make a second

appeal within thirty days from the date of that order to the

Reviewing Authority, who shall dispose of the appeal according

to the prescribed procedure:

Provided that the Reviewing Authority may entertain

the second appeal after the expiry of thirty days but in no case

beyond sixty days from the date of order of the Appellate

Authority, If he is satisfied that the appellant was prevented by

sufficient cause from filing the appeal in time.

(4) If the Designated Public Servant does not comply with

provisions of the order for providing the notified service under

sub-section (2) of section 8, the applicant aggrieved by such

non-compliance may submit an application to the Appellate

Authority who shall dispose of the application as per provision

of sub-section (2) of section 8 :


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###### THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 1195

Provided that the Designated Public Servant or the

Applicant aggrieved by any order of the Appellate Authority,

may make an appeal within thirty days from the date of that

order to the Reviewing Authority, who shall dispose of the

appeal according to the prescribed procedure.

(5) The Appellate Authority and Reviewing Authority shall , while

deciding an appeal under this sectfon, have the same powers as

are vested in a Civil Court while trying

a suit under the Code of Civil Procedure, 1908 in Central Act

respect of the following matters, namely **5 of 1908**

(a) requiring the production and inspection of documents;

(b) Issuing summons for hearing to the Designated Public

Servant and appellant; and

(c) any other matter which may be prescribed.

###### Penalty

9- (1) (a) Where the Appellate Authority is of the opinion

that the Designated Public Servant has failed to

provide the notified service without sufficient and

reasonable cause, he may impose a lump-sum penalty

at the rate specified from time to time as prescribed in

the rules framed under this Act.

(b> Where the Appellate Authority is of the opinion that

the Designated Public Servant has caused delay in

providing the notified service without sufficient and

reasonable cause, he may impose a penalty at the rate

specified from time to time as prescribed in the rules

## J

framed under this Act for such delay on the Designated

Public Servant:

Provided that the Designated Public Servant

shall be given a reasonable opportunity of being heard

before any penalty Is imposed on him.

(2) Where the Reviewing Authority is of the opinion that

the Appellate Authority has failed to decide the appeal

within the stipulated time limit without any sufficient

and reasonable cause, he may impose a penalty on

Appellate Authority at the rate specified from time to

time as prescribed in the rules framed under this Act:


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###### 1196 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012

Provided that the Appellate Authority shall be given a

reasonable opportunity of being heard before any penalty is

imposed on him.

(3) The penalty as imposed under the above provisions of the

Act shall be charged from the Designated Public Servant, Appellate

Authority and concerned subordinate staff, as the case may be and

in the proportion to be decided by, the Appellate Authority or the

Reviewing Authority, as the case may be, as prescribed in the rules

framed under this Act from time to time.

(4) The penalty so imposed shall be in addition to that

provided in any other Act, rules, regulations and notifications

already existing.

10. Non-compliance of the orders of the Appellate Authority,

Non-Compliance

unless pending in second appeal or modified by the Reviewing

amounting to
misconduct Authority, or of the orders of the Reviewing Authority shall amount

to misconduct and make the concerned person liable for actions

under related provisions, including those that have been laid down

for disciplinary action.

11. No Civil Court shall entertain any suit, application or other

Bar on

jurisdiction of Civil proceeding in respect of any order made under this Act and no such
Court

order shall be called in question otherwise than by way of an

appeal as specified under this Act.

**_Power of the State_** 12. Notwithstanding any other provisions of this Act, the State
Government to send

Government, if it receives an application alleging non-compliance

the applications to
Appellate Authority of the provisions of this Act, may send the same directly to the
directly

                                     - Appellate Authority for taking further actions as per the provision

of this Act.

13. No suit, prosecution or other legal proceeding shall lie

Protection of action

taken in good faith against any person for anything which is in good faith done or

intended to be done under this Act or any rule made thereunder


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###### THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 2012 1197

14. In relation to the notified services under this Act and its

**Overriding effect of**
**the Act** implementation, the provisions of this Act shall have effect

notwithstanding anything inconsistent therewith in any other law

for the time being in force or in any instrument having effect by

virtue of any law other than this Act.

15. (1) The State Government may, by notification in the Official

**Power to make rules**

Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may

be after it is made, before the Assam Legislative Assembly while it

is in the session for a total period of fourteen days which may be

comprised in one session or in two successive sessions and if before

the expiry of the session in which it is so laid or the session

immediately following , the Assam Legislative Assembly agree in

making any modification in the rule or the Assam Legislative

Assembly agree that the rule should not be made the rule shall

thereafter have effects 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 under that rule.

16. If any difficulty arises in giving effect to the provisions of this

**Power to remove**
**difficulties** Act, the State Government may by order, not inconsistent with the

provisions of this Act, remove the difficulty.

###### MOHD. ABDUL HAQUE,
 Secretary to the Govt, of Assam,

♦ Legislative Department, Dispur

G uw ahatiPrinted and Published by the Dy. Director (P & S), Directorate of Ptg. & Sty. Assam, Guwahati-2l.

Ex. Gazette No. 387 -600 + 3 0 0 -2 -5 -2 0 1 2 .


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