ARUNACHAL PRADESH RIGHT TO PUBLIC
SERVICES ACT, 2016 THE ARUNACHAL PRADESH RIGHT TO PUBLIC SERVICES ACT, 2016 [Act No. 03 of 2016] [28th April, 2016] An Act to provide for the delivery
of notified services to the general public within the stipulated time limit and
for matters connected therewith and incidental thereto; Whereas, it is expedient to
provide for the delivery of services to the general public within the
stipulated time limit; Be it enacted by the
Legislative Assembly of Arunachal Pradesh in the Sixty-seventh Year of the
Republic of India as follows,- (1)
This Act may be called the Arunachal Pradesh Right to Public
Services Act, 2016. (2)
It shall extend to the whole of the State of Arunachal Pradesh. (3)
This Act shall apply to the Government Servants appointed
substantively to any Civil Services or posts in connection with the affairs of
the Government of Arunachal Pradesh and to servants of Local Bodies and
Authorities which are owned, controlled or substantially financed by that
Government. (4)
It shall come into force on such date as the State Government may,
by notification in the Official Gazette, appoint. In this Act, unless the
context otherwise requires- (a)
"Act" means the Arunachal Pradesh Right to Public
Service Act, 2016; (b)
"Designated Officer" means an officer designated as such
Officer for providing services under sub-section (2) of Section 4; (c)
"Eligible person" means person who is eligible to
receive any notified service under sub-section (1) of Section 4; (d)
"First and Second Appellate Authority" means officers
who are designated as such Authority under Section 7; (e)
"Government" means the Government of Arunachal Pradesh; (f)
"Prescribed" means prescribed by the rules made under
this Act; (g)
"Service" means any service notified under Section 4; (h)
"Local Body" means any Public Authority, Municipal Body,
Public Sector Undertaking, Corporation, Owned, controlled or substantially
financed by the Government by whatever name called, for the time being invested
by law to render essential services of Public utility within the territory of
Arunachal Pradesh or control, manage or regulate such services within a
specified local area thereof; (i)
"State" means State of Arunachal Pradesh; (1)
Subject to provisions of the Act, every eligible person in the
State shall have a right to Public Services. (2)
The right referred to in sub-section (1) shall include the right
to,- (a)
have access to the public service; (b)
receive the public service within the specified time limit; (c)
receive public service in a transparent manner; (d)
demand performance of duties and functions in accordance with the
Act; (e)
hold the concerned designated officer accountable for any service
deficiency; and (f)
seek compensation with respect to non-providing of service or
deficiency in service. (1)
The State Government or the Local body as the case may be, may
from, time to time notify the services to be the Public Services for purposes
of the Act, and shall specify the time limit within which such services shall
be provided to the eligible persons. (2)
For providing services specified under sub-section (1), the
Government may, for different areas and for different services, designate
officers who shall be responsible for providing each service to the eligible
person. (1)
It shall be obligatory on the designated officer to provide public
services to the eligible person within the time specified in sub-section (1) of
Section 4. (2)
The specified time limit shall start from the date when an application
is received by the designated officer or by a person subordinate to him
authorized to receive the application. (3)
All applications received under sub-section (2) by the designated
officer or the, authorised person shall be duly acknowledged specifying the
number, date and time of receipt of such application. The Department or local
body as the case may be, shall maintain status of all applications concerning
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. (4)
On receipt of application under sub-section (3), the designated
officer shall, within the specified time limit, either provide the service or
reject the application; Provided that in case of
rejection of application, the designated officer shall record in writing
reasons therefore and intimate the same to the applicant. (5) The
designated Officer 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 discharge of the duties under sub-section (1). (6)
Any officer or employee, whose assistance has been sought under
sub-section (5), shall render all assistance to the designated officer seeking
his assistance; and for any contravention of the provisions of this Act,
such-other officer or employee, whose assistance has been sought shall be
treated a designated officer under this Act for such contravention. (1) Any person,
who does not receive the required service within the stipulated time or whose
application is rejected under sub-section (4) of Section 5 may file an appeal
to the first Appellate Authority within 30(thirty) days from the date of
rejection of the application or on the expiry of the stipulated time limit, in
such manner and on payment of such fees as may be prescribed: Provided that the first
Appellate Authority may admit the appeal after the expiry of the period of
30(thirty) days and in no case beyond 60(Sixty) days from the date of rejection
of application or the stipulated time limit for delivery of the notified
service, if the authority is satisfied that the appellant was prevented by
sufficient cause for filing the appeal in time. (2)
The first Appellate Authority may direct the designated officer to
provide the service within a specified period or may reject the appeal. (3)
An appeal under sub-section (1) shall be disposed of within a
period equivalent to that of the stipulated time limit for delivery of the
service. (4)
The Appellant aggrieved by a decision of the first appellate
authority may prefer an appeal to the .second Appellate Authority within 30
(thirty) days from the date of decision of the first Appellate Authority in
such manner and on payment of such fee as may be prescribed; Provided that the second
Appellate Authority may admit the appeal after the expiry of the period of 30
(thirty) days and in no case beyond 60 (sixty) days from the date of the
decision of the first Appellate Authority, if that authority is satisfied that
the appellant had sufficient reason for not filling the appeal in time. (5)
The second Appellate Authority may direct the designated officer
to provide the service within the specified period or he may reject the appeal
with specific order. (6)
Where the second Appellate Authority finds that there is no
sufficient reason for not giving the service within the stipulated time limit,
he may, along with the direction to provide the service, impose penalty as
provided in Section 9. (7)
An appeal under sub-section (4) shall be disposed of within a
period equivalent to that of the stipulated time limit for delivery of service. (8)
where the designated officer does not comply with the direction
given by the first appellate authority under sub-section (2) of this Section,
the person aggrieved by such non-compliance may file an application to the
second Appellate Authority and such an application shall be disposed of in the
same manner in which a second appeal is to be disposed of under this Act. The Government may by
notification designate the first Appellate Authority and the second Appellate
Authority in respect of each public service. The Local body may appoint in the
like manner the first Appellate Authority and the second Appellate Authority in
respect of the services rendered by the said Local body. Provided that the second
Appellate Authority shall be an Officer outside the concerned department, who
is higher in status to the First Appellate Authority. The first Appellate
Authority and the second Appellate Authority, while deciding an appeal under
the Act, shall 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)
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 . (1) Where the
second Appellate Authority finds that the designated officer has failed to
provide the service without sufficient and reasonable cause, the second
Appellate Authority may, by an order in writing stating the reasons, impose a
fine on the designated officer at the rate of (???) 100 (Rupees one hundred)
per day for each day's delay the sum of which shall not exceed five thousand
rupees in the first occasion, but the limit of the fine shall not be applicable
in subsequent occasions: Provided that the
designated officer shall be given a reasonable opportunity of being heard
before imposing such penalty. (2) where the
second Appellate Authority finds that the first Appellate Authority has failed
to decide the appeal within the time limit specified in sub-section (3) of
Section 6 without sufficient and reasonable cause, he may, by an order in
writing stating the reasons, impose fine on the first Appellate Authority which
shall not be less than five hundred rupees and not more than five thousand
rupees. Provided that the first
appellate authority shall be given a reasonable opportunity of being heard
before imposing such penalty. (3) The
second Appellate Authority may, if he is satisfied that the designated officer
or the first Appellate Authority has without sufficient cause failed to
discharge the duties assigned to him under this Act, recommend disciplinary
action against the said designated officer/first Appellate Authority under the
service rule applicable to him. The disciplinary Authority shall inform the
outcome of the disciplinary action so initiated against the designated officer
or the first Appellate Authority from time to time. The second Appellate
Authority can call for the record of action taken from the Disciplinary
Authority and assess the veracity of the matter. No civil court shall
entertain any suit, application or other proceedings in respect of any order
issued under this Act and no such order shall be called in question otherwise
than by way of an appeal under this Act. On imposition of fine under
Section 9 the second Appellate Authority may, by order direct that such portion
of the fine imposed under this Section as it may deem fit shall be awarded to
the appellant as liability for delay; Provided that the amount of
such award shall not exceed fifty percent of the fine imposed under the said
Section and the remaining amount will be deposited against the appropriate Head
of Account as Government revenue. No suit, prosecution or
other legal proceedings shall lie against any person or officer for anything
which is done in good faith or intended to be done in good faith under this Act
or any rule made hereunder. (1)
The Government may, by notification in the Government Gazette,
make rules to carry out the provisions of the Act. (2)
Every rule made under this Act shall, as soon as may be after it
is made, be laid before the Arunachal Pradesh Legislative Assembly. The services and the given
time limit shall be displayed locally and on website by the Secretary of the
Department concerned for information of the public. (1)
If any difficulty arises in giving effect to the provisions of
this Act, the State Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as may
appear to it to be necessary or expedient for removal of the difficulty . (2)
Every order made under this Section shall, as soon as may be after
it is made, be laid before the Arunachal Pradesh Legislative Assembly.
Preamble - ARUNACHAL PRADESH RIGHT TO PUBLIC SERVICES ACT, 2016PREAMBLE