In exercise of the powers conferred by
Sec. 29 of the Gujarat (Right of Citizens to Public Services) Act, 2013(16 of
2013), the Government of Gujarat hereby makes the following Rules, namely: (1)
These rules may be called the Gujarat (Right
of Citizens to Public Services) Rules, 2014. (2)
They shall come into force on their
publication in the Official Gazette. (1)
In these rules, unless the context otherwise
requires: (a)
'Act' means the Gujarat (Right of Citizens to
Public Services) Act 2013; (b)
'Form' means form appended to these rules; (c)
'Notified services' means services notified
by State Government under Sec. 4 of the Act; (d)
'prescribed format' means formats prescribed
by the concerned department delivering a notified service under Sec. 4 of the
Act; (e)
'section' means section of the Act. (2)
The words and expressions used in these rules
but not defined shall have the same meaning assigned to them in the Act. As per Sec, 5, Sec. 6 and Sec. 9(2) of
the Act, a public authority shall publish the names and addresses of its
Designated Officers, Grievance Redressal Officers and Designated Authority in
all administrative units or offices at the State, district and taluka levels,
municipal corporations, municipalities, notified areas, panchayats and such
other offices. The Names, addresses, e-mail Id, contact numbers, fax numbers of
Designated Officers and Grievance Redressal Officers shall also be displayed on
the website of each public authority or customer care centre or help desk or
Jan Seva Kendra and sales outlet, if any. The Designated Officer and his
subordinate public servant of the Public Authority shall, for the convenience
of common public, cause to display all relevant information as per Form A
regarding the notified services available in his office on the notice board
outside its office. Such notice boards shall be exhibited in front of the
office. Sufficient number of copies of the prescribed applications forms be
made available in the counters for receiving the applications. (1)
In order to exercise the right conferred by
Sec. 3 of the Act, the citizen, who desires to obtain service/services, shall
apply to the Designated Officer for one or more services as notified by State
Government under Sec. 4 of the Act as per prescribed application format or any
other form along with the documents prescribed in the check-list in the office. (2)
The Designated officer or authorized person
shall upon receipt of the. written application or in such Form wherever
prescribed, give due acknowledgement to applicant in Form B within three
working days of the making of application. (3)
In case necessary documents have not been
enclosed with the application, then the same shall be clearly mentioned in the
acknowledgement and date of delivery shall not be mentioned in such
acknowledgement. (4)
Where all the necessary documents have been
enclosed with the application and the application is complete in all respects,
then the date of delivery shall be mentioned. The public holidays shall not be
included while calculating the stimulated time limit for delivery of service. No fee shall be levied for application
to Grievances Redressal Officer, Designated Appeal Authority and State
Appellate Authority. (1)
In case the notified services are not
rendered or not rendered within prescribed time frame, then the aggrieved
citizen shall file a written complaint in a format as nearly as possible as
prescribed in Form-C through hand delivery, fax, post or registered post with
the concerned Grievances Redressal Officer appointed by the public authority
under Sec. 6 of the Act. (2)
The Grievances Redressal Officer shall upon
receipt of the written complaint, give due acknowledgement to applicant as per
Form B within three working days of the making of complaint. (1)
The Grievances Redressal Officer shall issue
notice to the designated officer or the subordinate official responsible for
delay or default in providing service/services within prescribed time limit. He
shall also indicate the time limit within which delaying officer or official
shall furnish reply to the notice. (2)
If the Grievances Redressal Officer is not
satisfied with the. explanation furnished by Designated Officer or Subordinate
official responsible for providing service/services, the Grievance Redressal
Officer shall proceed further as per Rule 10. (1)
Information of hearing of the complaint by
Grievance Redressal Officer shall be communicated by the Grievance Redressal
Officer in one of the following manners, namely: (a)
By hand delivery; (b)
By post; (c)
By Telephone/Fax/e-mail/SMS (whatever speedy
communication opted by the applicant). (2)
The hearing date shall be communicated to
complainant and/or Designated Officer, as the case may be, at least seven days
in advance. (3)
The applicant or Designated Officer, as the
case may be, shall make himself present during the hearing. (4)
If any party remains absent on the date of
hearing even after the information of hearing being duly informed to him, then,
the application may be decided ex-parte. (1)
The decision of Grievance Redressal Officer
on orders of designated Officer or on complaint made under Sec. 6 shall involve
the following steps, namely: (i)
Review of concerned documents, public records
or their copies. (ii)
In exceptional circumstances, any other
officer may be authorized for required investigation. (iii)
The Designated Officer or subordinate
official as the case may be, may be summoned at the time of hearing. (2)
The decision of the Grievance Redressal
Officer shall accompany reasons for arriving at such decision. (3)
The Grievance Redressal Officer shall dispose
the appeal to him within thirty days. (4)
The Grievance Redressal Officer shall report
every complaint which has not been redressed along with the details and nature
of the complaints and reasons for non redressal of the complaints to the
Designated Authority within fifteen days from the date of the order. (1)
The Grievance Redressal Officer shall arrange
to deliver the copies of the decision to the parties concerned within seven
days from the date of the order. (2)
In the event of recommendation for
disciplinary action against Designated Officer or his subordinate public
servant under Sec. 8(1)(c) or (d), as the case may be, the Grievance Redressal
Officer shall send orders issued against him to the concerned Public Authority
or Appropriate Authority. (1)
Any person aggrieved by the decision of
Grievance Redressal Officer may file appeal with Designated Authority as per
sub-sec. (2) of Sec. 10 of the Act within thirty days from the date of receipt
of the copy of the order of Grievance Redressal Officer in format as nearly as
possible as prescribed in Form D. (2)
Every complaint forwarded under sub-sec. (1)
of Sec. 9 shall be deemed to have been filed as appeal. (3)
Receipt of such appeal shall be acknowledged
as per Form E within three working days. (4)
Every Appeal shall be disposed of within
forty-five days from the date of deemed appeal or from the date of filing
appeal by applicant. (5)
All Appeals shall be disposed off in the
following manner: (i)
The hearing date shall be communicated to
complainant, Grievance Redressal Officer concerned and Designated Officer at
least seven days in advance. (ii)
The complainant, Designated Officer and
Grievance Redressal Officer may make himself present during the hearing, (iii)
If any party remains absent on the date of
hearing even after the hearing being duly informed to him, then the application
may be decided ex-parte. (iv)
The Designated Authority shall arrange to
deliver the copies of the decision to the parties concerned within fifteen days
from the date of the order. (v)
The Designated Authority shall hear the
concerned officer before imposing penalty under sub-sec. (1) of Sec. 23 of the Act. (vi)
The Designated Authority shall inform in
writing to the Appropriate Authority within fifteen days of hearing if any
action under sub-sec. (7) of Sec. 10 is to be found to be taken. (vii)
The Designated Authority shall inform in
writing to the concerned Public Authority within fifteen days of hearing to
take specific action as may be necessary to render the services in compliance
of the notification issued under Sec. 4 of the Act. (1)
There shall be one or more State Appellate
Authority and there shall be maximum three members in each State Appellate
Authority appointed by the State Government. (2)
The salary and allowances of State Appellate
Authority shall be equivalent to the post he held before he has been appointed
or he held the last post in the State Government. (3)
The member of the State Appellate Authority
shall be removed on the ground of proved misbehavior or incapacity after the
proper inquiry by the State Government. (4)
The State Government may suspend the member
of the Appellate Authority if deem necessary, prohibit also from attending the
office during inquiry. The inquiry shall be conducted by the State Government.
In case of misbehavior or incapacity of a member, the State Government may
appoint a Board of Inquiry consisting of Senior All India Service Officer or
Officers to investigate the allegation. On the basis of the report of the Board
of Inquiry, the State Government may take appropriate action against the member
who is alleged. (1)
Any person who does not receive the decision
of Designated Authority within forty-five days from the date of appeal or
aggrieved by the decision of Designated Authority may file second appeal with
State Appellate Authority within thirty days from expiry of such period or from
the date of receipt of the copy of the order of Designated Authority, as the
case may be, in a format as nearly as possible as prescribed in Form D. (2)
Receipt of such second appeal shall be
acknowledged as per Form E within three working days. (3)
All Appeals should be disposed off in the
following manner:- (i)
The hearing date shall be communicated to
complainant, Grievance Redressal Officer concerned, Designated Authority
concerned and Designated Officer at least seven days in advance. (ii)
The complainant concerned, Designated
Officer, Grievance Redressal Officer and Designated Authority may make himself
present during the hearing. (iii)
If any party remains absent on the date of
hearing even after the hearing being duly informed to him, then the application
may be decided ex-parte. (iv)
The Appellate Authority shall arrange to
deliver the copies of the decision to the parties concerned within fifteen days
from the date of the order. (v)
The Appellate Authority shall hear the
concerned officer before imposing penalty under sub-sec. (1) of Sec. 23 of the
Act. (vi)
The Appellate Authority shall inform in
writing to the Appropriate Authority within fifteen days of hearing if any
action under sub-sec. (7) of Sec. 10 is to be found to be taken. (vii)
The Appellate Authority shall inform in
writing to the concerned public Authority within fifteen days of hearing to
take specific action as may be. necessary to render the services in compliance
of the notification issued under Sec. 4 of the Act. Every public authority shall publish
annual reports in book form within three months at the end of the calendar year
under sub-sec. (2) of Sec. 24 of the Act and send it to the respective
administrative department of the State. The Designated Officer, Grievance
Redressal Officer, Designated Authority and Appellate Authority shall maintain
records of all the cases in Form E-1, Form E-2, Form E-3 and Form E-4
respectively with regard to the action taken and shall send a periodical report
to the Head of the Public Authority. The State Government shall, to the
extent of availability of financial and other resources (a)
develop and organize campaigns and programmes
to advance the understanding of the public, in particular of the disadvantaged
communities, as to how to exercise the rights contemplated under the Act and
encourage public authorities to participate in the development and organization
of such programmes. (b)
take steps that the relevant provisions
regarding the Act shall be included in the curriculum of schools and colleges
so as to educate citizens about the Act; (c)
provide staff and infrastructure for the
effective implementation of the Act; (d)
give timely and effective dissemination of
accurate information by public authorities about the notified services and
timeliness to the citizens and the processes for applications; (e)
train Designated Officers, Grievance
Redressal Officers, and staff of Appellate Authority, as the case may be, of
their duties under the Act; (f)
issue direction to the concerned departments
of the State Government to frame guidelines containing such information, in an
easily comprehensible form and manner, as may reasonably be required by a
person who wishes to exercise any right specified under this Act. The State Government shall introduce a
system for centralized monitoring of the timely delivery of notified services,
through use of Information and communication Technologies/E-Governance, and for
monitoring various provisions of the Act. (1)
At the end of each year list of officers or
service providers who have not defaulted under the Act in that year shall be
published and be issued letter of appreciation as per Form F by head of the
Public Authority. The same shall also be noted in the ACR of the concerned
officer/employee. The names of such officers shall be recommended to State
Government for reward. (2)
The State Government may give a reward to
officers or service providers against whom no default is reported in that year,
so as to encourage and enhance the efficiency of the State Government servants.
For this, the competent authority shall recommend such names to the State
Government at the end of each year. Appropriate reward for such officers may be
fixed by the State Government. GUJARAT (RIGHT OF CITIZENS TO PUBLIC SERVICES) RULES, 2014
PREAMBLE