MAHARASHTRA RIGHT TO PUBLIC
SERVICES ACT, 2015 THE MAHARASHTRA RIGHT TO PUBLIC SERVICES ACT, 2015 [Act No. 31 of 2015] [21st August, 2015] An Act to provide for delivery of transparent, efficient and
timely public services to the eligible persons in the State of Maharashtra and
for matters connected therewith or incidental thereto. Whereas both Houses of the
State Legislature were not in session; And Whereas the Governor of
Maharashtra was satisfied that circumstances existed which rendered it
necessary for him to take immediate action to make a comprehensive law to
provide for delivery of transparent, efficient and timely public services to
the eligible persons in the State of Maharashtra and to bring transparency and
accountability in the Departments and agencies of the Government and other
Public Authorities which provide public services to the eligible persons and
for matters connected therewith or incidental thereto; and, therefore,
promulgated the Maharashtra Right to Public Services Ordinance, 2015 (Mah. Ord.
V of 2015) on the 28th April 2015; And Whereas it is expedient
to replace the said Ordinance by an Act of the State Legislature; it is hereby
enacted in the Sixty-sixth Year of the Republic of India as follows: -- (1)
This Act may be called the Maharashtra Right to Public Services
Act, 2015. (2)
It extends to the whole of the State of Maharashtra. (3)
It shall be deemed to have come into force on the 28th April 2015. (4)
It shall apply to such Public Authorities which provide public
services to the eligible persons as per the provisions of any laws, rules,
notifications, orders, Government Resolutions or any other instruments. In this Act, unless the
context otherwise requires,-- (a)
"Chief Commissioner" or "Commissioner" means
the State Chief Commissioner for Right to Service or the State Commissioner for
Right to Service, as the case may be, appointed under sub-section (2) of
section 13; (b)
"Commission" means the Maharashtra State Commission for
Right to Service constituted under sub-section (1) of section 13; (c)
"Competent Authority" means the Disciplinary Authority
or the Controlling Officer, as the case may be; (d)
"Department" means a Department of the State Government
or of a Public Authority, as the case may be; (e)
"Designated Officer" means an officer who is required to
provide public services to the eligible person; (f)
"Divisional Commissioner" means the Commissioner
appointed by the State Government under section 6 of the Maharashtra Land
Revenue Code, 1966 (Mah. XLI of 1966); (g)
"eligible person" means a person who is eligible for
obtaining a public service and also includes a legal person; (h)
"First Appellate Authority" means an officer appointed
by the concerned Public Authority under sub-section (1) of section 8; (i)
"Government" or "State Government" means the
Government of Maharashtra; (j)
"local authority" means any authority, Municipal Corporation,
Municipal Council, Nagar Panchayat, Industrial Township, Planning Authority,
Zilla Parishad, Panchayat Samiti and Village Panchayat and other local
self-Governments constituted by law; and also includes Development Authorities
or other statutory or non-statutory bodies; (k)
"prescribed" means prescribed by the rules made under
this Act; (l)
"Public Authority" means,-- (m)
any Department or authorities of the Government; (n)
any organisation or authority or body or corporation or
institution or a local authority, established or constituted,-- (o)
by or under the Constitution of India, in the State; (p)
by any other law made by the State Legislature; (q)
by notification issued by the Government; (r)
and includes,-- (s)
an institution, a co-operative society, a Government Company or an
authority owned, controlled or financed by the State Government; or (t)
any non-Governmental organization receiving financial assistance
from the State Government; (u)
"public services" means such services as may be notified
by the Public Authority under section 3; (v)
"right to service" means right of an eligible person to
obtain the public services within the stipulated time limit as notified by the
Public Authority, from time to time; (w)
"Second Appellate Authority" means an officer appointed
by the concerned Public Authority under sub-section (2) of section 8; (x)
"stipulated time limit" means the time limit as notified
under section 3 within which the public service is to be provided by the
Designated Officer to any eligible person. (1)
The Public Authority shall, within a period of three months from
the date of commencement of this Act, and thereafter from time to time, notify
the public services rendered by it along with Designated Officers, First and
Second Appellate Authorities and stipulated time limit. (2)
The Public Authority shall display or cause to be displayed on the
notice board of the office and also on its website or portal, if any, the list
of the public services rendered by it alongwith the details of the stipulated
time limit, form or fee, if any, Designated Officers, First Appellate
Authorities and Second Appellate Authorities. (1)
Subject to the legal, technical and financial feasibility, every
eligible person shall have a right to obtain public services in the State in
accordance with this Act, within the stipulated time limit. (2)
Subject to the legal, technical and financial feasibility, every
Designated Officer of the Public Authority shall provide the public services to
the eligible person, within the stipulated time limit: Provided that, the
stipulated time limit may be extended by the State Government during the period
of election as well as in natural calamities to such extent, as may be
prescribed. (1)
An application for obtaining public services may be made by any
eligible person to the Designated Officer. The receipt of an application shall
be duly acknowledged and the applicant shall be intimated in writing or through
electronic means, specifying date and place of receipt of application, unique
application number alongwith stipulated time limit for the disposal of such
application. The stipulated time shall be counted from the date when the
requisite application, complete in all respects, for obtaining the public service
is received by the Designated Officer or a person who is duly authorised to
receive the application. (2)
The Designated Officer shall, on receipt of an application under
sub-section (1), either directly provide or sanction the public service within
the stipulated time limit or reject the application after recording the reasons
in writing for such rejection. The Designated Officer shall also communicate in
writing to the applicant about the period within which an appeal may be made
against his order and the name, designation and official address of the First
Appellate Authority. (1)
Every eligible person having applied for any public services shall
be provided with unique application number by the concerned Public Authority so
that he can monitor status of his application online, where such system is in
operation. (2)
Every Public Authority shall be duty bound to update the status of
all applications regarding public services online, where such system is in operation. The Government shall
encourage and aspire all the Public Authorities to utilise Information
Technology to deliver their respective public services within the stipulated
time limit. (1)
The Public Authority shall appoint an officer not below the rank
of Group "B" or its equivalent rank, who is superior in rank to the
Designated Officer, to act as First Appellate Authority to hear and decide the
appeal filed by an eligible person against rejection of his application or
delay in providing public services, after following due procedure as may be
prescribed. (2)
The Public Authority shall appoint an officer who is superior in
rank to the First Appellate Authority, to act as Second Appellate Authority to
hear and decide the appeal filed by an eligible person as well as by the
Designated Officer against the order of the First Appellate Authority. (1) Any
eligible person, whose application is rejected under subsection (2) of section
5 or who is not provided the public service within the stipulated time limit,
may file an appeal before the First Appellate Authority within the period of
thirty days from the date of receipt of, order of rejection of the application
or, the expiry of the stipulated time limit: Provided that, the First
Appellate Authority may, in exceptional cases, admit the appeal even after the
expiry of the period of thirty days, subject to the maximum period of ninety
days, if it is satisfied that the Appellant was prevented by sufficient cause
from filing the appeal in time. (2) The First
Appellate Authority may direct the Designated Officer to provide the service to
the eligible person within such period as he may specify in his order but which
shall not ordinarily exceed the stipulated time limit, or he may reject the
appeal within the period of thirty days from the date of filing of the appeal,
after recording the reasons in writing for such rejection: Provided that, before
deciding the appeal, the First Appellate Authority shall give an opportunity of
being heard to the Appellant as well as to the Designated Officer or any of his
subordinate duly authorized for this purpose. (3) A second
appeal against the order of the First Appellate Authority shall lie to the
Second Appellate Authority within the period of thirty days from the date on
which the order of the First Appellate Authority is received or after
forty-five days from the date of filing of the first appeal in case where the
Appellant does not receive any order from the First Appellate Authority: Provided that, the Second
Appellate Authority may, in exceptional cases, admit the appeal even after the
expiry of the period of thirty days or forty-five days, as the case may be,
subject to the maximum period of ninety days, if it is satisfied that the
Appellant was prevented by sufficient cause from filing the appeal in time. (4) The Second
Appellate Authority may direct the Designated Officer to provide the service to
the Appellant within such period as he may specify in his order or he may
reject the appeal within the period of forty-five days from the date of filing
of the appeal, after recording reasons in writing for such rejection: Provided that, before
issuing any order, the Second Appellate Authority shall give an opportunity of
being heard to the Appellant as well as to the Designated Officer or any of his
subordinate duly authorised for this purpose. (5)
The First Appellate Authority and Second Appellate Authority while
deciding an appeal under this section, shall have the same powers as are vested
in civil court while trying a suit under the Code of Civil Procedure, 1908 (5
of 1908) in respect of the following matters, namely: -- (a)
requiring the production and inspection of documents or records; (b)
issuing summons for hearing; and (c)
any other matter which may be prescribed. (1) (a) If
the First Appellate Authority is of the opinion that the Designated Officer has
failed to provide public service without sufficient and reasonable cause, then
he shall impose a penalty which shall not be less than rupees five hundred, but
which may extend to rupees five thousand, or of such amount as may be revised
by the State Government, from time to time, by notification in the Official
Gazette. (b) If the Second Appellate
Authority is also of the opinion that the Designated Officer has made default
in providing the public service within the stipulated time limit without sufficient
and reasonable cause, he may confirm or vary the penalty imposed by the First
Appellate Authority, after recording reasons in writing: Provided that, the
Designated Officer shall be given a reasonable opportunity of being heard
before any penalty is imposed on him by the First Appellate Authority or Second
Appellate Authority. (2) If the
Chief Commissioner or the Commissioner is of the opinion that the First
Appellate Authority had repeatedly failed to decide the appeal within the
specified time without any sufficient and reasonable cause, or unduly tried to
protect the erring Designated Officer, then he shall impose a penalty on the
First Appellate Authority which shall not be less than rupees five hundred, but
which may extend to rupees five thousand, or of such amount as may be revised
by the State Government, from time to time, by notification in the Official
Gazette: Provided that, the First
Appellate Authority shall be given a reasonable opportunity of being heard
before any penalty is imposed on him. The Appellate Authority
concerned or the Commission shall communicate to the Designated Officer or the
First Appellate Authority, as well as to the Public Authority about the amount
of penalty imposed in writing. The Designated Officer or the First Appellate
Authority, as the case may be, shall pay the amount of penalty within a period
of thirty days from the date of receipt of such communication, failing which
the Competent Authority shall recover the amount of penalty from the salary of
the concerned Designated Officer or the First Appellate Authority, as the case
may be. (1)
The Competent Authority, after receiving an intimation from the
Second Appellate Authority about the repeated failures committed by the
concerned Designated Officer to provide public services or repeated delays in
providing public services as well as repeated failure to comply with the direction
of the Appellate Authorities, shall issue a show cause notice to the Designated
Officer within a period of fifteen days, why a disciplinary action should not
be initiated against him. The Competent Authority shall initiate appropriate
disciplinary proceedings against the Designated Officer under the Conduct and
Discipline Rules as applicable. (2)
The Designated Officer against whom such notice is issued may
represent to the Competent Authority concerned, within a period of fifteen days
from the date of receipt of such notice. In case no such representation is
received by the Competent Authority within the specified period or explanation
received is not found satisfactory, the Competent Authority shall proceed with
the departmental inquiry as laid down in the Conduct and Disciplinary Rules of
the Public Authority: Provided that, if the
Competent Authority finds reasonable and justified grounds in favour of the
Designated Officer and comes to the conclusion that the delay in delivery of
services to the eligible person was not attributable to him, but was
attributable to some other Designated Officer, it shall be lawful for the
Competent Authority to withdraw the notice against him. (3) While
fixing the responsibility on such Designated Officer under this Act, the
Competent Authority shall follow the principles of natural justice before
passing the order in that respect and give reasonable opportunity of being
heard to the Designated Officer. (1) The State
Government shall, by notification in the Official Gazette, constitute for the
purposes of this Act, a Commission to be called as "the Maharashtra State
Commission for Right to Service": Provided that, till the
time the Commission is constituted by the State Government, the Government may,
by notification in the Official Gazette, entrust the powers and functions of
the Commission to the Divisional Commissioners in each Revenue Division or any
other Government Officer. (2)
The Maharashtra State Right to Service Commission shall consists
of,-- (a)
the State Chief Commissioner for Right to Service having
jurisdiction for Mumbai City District and Mumbai Suburban District; and (b)
one State Commissioner for Right to Service having jurisdiction
for each corresponding Revenue Division, excluding the area of Mumbai City
District and Mumbai Suburban District. (3)
The Chief Commissioner and the Commissioners shall be appointed by
the Governor on the recommendation of a Committee consisting of,-- (i)
the Chief Minister, who shall be the Chairman of the Committee; (ii)
the Leader of Opposition in the Legislative Assembly; and (iii)
a Cabinet Minister to be nominated by the Chief Minister. Explanation.--For the
purposes of removal of doubts, it is hereby declared that where the Leader of
Opposition in the Legislative Assembly has not been recognised as such, the
Leader of the single largest group in opposition in the Legislative Assembly
shall be deemed to be the Leader of Opposition. (4)
The general superintendence, direction and management of the
affairs of the Commission shall vest in the Chief Commissioner who shall be
assisted by the Commissioners and he may exercise all such powers and do all
such acts which may be exercised or done by the Commission. (5)
The Chief Commissioner and the Commissioners shall be persons of
eminence in public life with wide knowledge and experience in administration in
Government or Public Authority. (6)
The Chief Commissioner or a Commissioner shall not be a Member of
Parliament or Member of the Legislature of any State or hold any other office
of profit or connected with any political party or carrying on any business or
profession. (7)
The headquarters of the Commission shall be at Mumbai and the
offices of the Commissioners shall be at every Revenue Division. (1)
The Chief Commissioner and the Commissioners shall hold office for
a term of five years from the date on which they enter upon the respective
offices, or until they attain the age of sixty-five years, whichever is
earlier, and shall not be entitled for re-appointment. (2)
The Chief Commissioner or a Commissioner shall, before he enters
upon his office, make and subscribe before the Governor or some other person
appointed by him in that behalf, an oath or affirmation according to the
prescribed Form. (3)
The Chief Commissioner or a Commissioner may, at any time, by
writing under his hand addressed to the Governor, resign from his office. (4)
The salaries and allowances payable to and other terms and
conditions of service of the Chief Commissioner and the Commissioners shall be
the same as those of State Chief Information Commissioner and the Chief
Secretary to the State Government, respectively. No pensionary benefits or
other post-retirement benefits shall accrue from the posts of Chief
Commissioner or Commissioner, as the case may be: Provided that, if the Chief
Commissioner or a Commissioner, at the time of his appointment is in receipt of
a pension, other than a disability or wound pension, in respect of any previous
service under the Government of India or under the State Government, his salary
in respect of the service as the Chief Commissioner or a Commissioner shall be
reduced by the amount of that pension including any portion of pension which
was commuted and pension equivalent of other forms of retirement benefits
excluding pension equivalent of retirement gratuity: Provided further that,
where the Chief Commissioner or a Commissioner if, at the time of his
appointment, is in receipt of retirement benefits in respect of any previous
service rendered in Government or Corporation established by or under any
Central Act or State Act or a Government Company owned or controlled by the
Central Government or the State Government, his salary in respect of the
service as the Chief Commissioner or the Commissioner shall be reduced by the amount
of pension equivalent to the retirement benefits: Provided also that, the
salaries, allowances and other conditions of service of the Chief Commissioner
and the Commissioners shall not be varied to their disadvantage after their
appointments. (5) The Government
shall provide the Chief Commissioner and the Commissioners with such officers
and employees as may be necessary for the efficient performance of their
functions under this Act, and the salaries and allowances payable to and the
terms and conditions of service of the officers and other employees appointed
for the purposes of this Act shall be such as may be prescribed. (1)
Notwithstanding anything contained in this Act, the Governor may,
by order remove from office of the Chief Commissioner or any Commissioner, if
the Chief Commissioner or a Commissioner, as the case may be,-- (a)
is adjudged an insolvent; or (b)
has been convicted of an offence which, in the opinion of the
Governor, involves moral turpitude; or (c)
engages during his term of office in any paid employment outside
the duties of his office; or (d)
is, in the opinion of the Governor, unfit to continue in office by
reason of infirmity of mind or body; or (e)
has acquired such financial or other interest as is likely to
affect prejudicially his functions as the Chief Commissioner or a Commissioner. (2)
Notwithstanding anything contained in sub-section (1), the Chief
Commissioner or any Commissioner, shall not be removed from his office, unless
a reference is made by the State Government to the Chief Justice of High Court
of Judicature at Bombay seeking an enquiry and recommendation on the proposed
removal of the Chief Commissioner or the Commissioner along with the grounds
for the removal and material supporting such proposal. (1)
It shall be the duty of the Commission to ensure proper
implementation of this Act and to make suggestions to the State Government for
ensuring better delivery of public services. For this purpose, the Commission
may,-- (a)
take suo motu notice of failure to deliver public services in
accordance with this Act and refer such cases for disposal as it may deem
appropriate; (b)
carry out inspections of offices entrusted with the delivery of
public services and the offices of the First Appellate Authority and the Second
Appellate Authority; (c)
recommend Departmental inquiry against any Designated Officer or
Appellate Authorities who have failed in due discharge of functions cast on them
under this Act; (d)
recommend changes in procedures for delivery of public services
which will make the delivery more transparent and easier: Provided that, before
making such a recommendation, the Commission shall consult the Administrative
Secretary in-charge of the Department which is to deliver the public service; (e)
recommend steps to be taken by the Public Authorities for
efficient delivery of public services; (f)
monitor delivery of the public services by Public Authorities; (g)
hear and decide the appeal filed before it as per section 18. (2)
The Commission shall, while inquiring into any matter 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 (5 of 1908), in respect of the
following matters, namely: -- (a)
summoning and enforcing the attendance of persons, compelling them
to give oral or written evidence on oath and producing documents or things; (b)
requiring the discovery and inspection of documents; (c)
receiving evidence on affidavits; (d)
requisitioning any public records or copies thereof from any court
or office; (e)
issuing summons for examination of witnesses or documents; and (f)
any other matter which may be prescribed. The State Government shall
consider the recommendations made by the Commission under clauses (c), (d) and
(e) of sub-section (1) of section 16 and sent information to the Commission of
action taken within a period of thirty days or such time thereafter as may be
decided in consultation with the Commission. (1)
The eligible person or the Designated Officer being aggrieved by
an order of Second Appellate Authority may file an appeal before the Commission
within the period of sixty days from the date of receipt of such order. (2)
The Chief Commissioner or the Commissioner, as the case may be,
shall dispose of such appeal within a period of ninety days from the date of
receipt of the appeal, after giving all the parties an opportunity of being
heard. The Commission may impose the penalty on the Designated Officer or First
Appellate Authority or vary or cancel the penalty imposed and may order to
refund such penalty paid, if any. (1)
The Commission shall, after the end of each financial year,
prepare a report on its working during the preceding year as well as on the
evaluation of performance of delivery of public services by the Public
Authorities and present the same to the State Government. (2)
The State Government shall lay the annual report presented by the
Commission before each House of the State Legislature. (1)
All Public Authorities may take time bound effective steps to
reduce the demand from an eligible persons to submit various certificates,
documents, affidavits, etc. for obtaining public services. The Public Authority
shall make concerted efforts to obtain requisite information directly from
other Departments or Public Authorities. (2)
The failure on the part of the Designated Officer to deliver
public services within stipulated time limit shall not be counted towards
misconduct as the purpose and the aim is to sensitize the Designated Officers
towards the aspirations of the eligible persons and to use information
technology and adopt e-governance culture to deliver the public services to the
eligible persons within stipulated time limit. (3)
On receipt of communication in writing from the Second Appellate
Authority or the Chief Commissioner or the Commissioner, as the case may be,
regarding repeated defaults on the part of the Designated Officer, the head of
the Public Authority concerned shall be competent to take appropriate
administrative action after recording a finding to that effect, but not before
giving a show cause notice and an opportunity of being heard to the defaulting
officer. Explanation.--For the
purpose of this sub-section, a Designated Officer shall be deemed to be a
repeated defaulter, if he commits ten per cent. defaults in total eligible
cases he has received in a year. (4)
All the Designated Officers and Appellate Authorities shall
undergo a periodic training to enhance and ensure time bound delivery of the
public services. The State Government shall facilitate the training process for
all concerned officers and it may be part of syllabus in foundation course of
the officers or employees. (5)
(a) To encourage and enhance the efficiency of the Designated
Officer, the head of the Public Authority may grant cash incentive of such
amount as may be notified by the Government to a Designated Officer against
whom no default is reported in a year and who is delivering public services
within the stipulated time limit along with a Certificate of Appreciation and
also take a corresponding entry in the service record of the concerned officer. (b) The State Government
may give appropriate awards to felicitate the Public Authorities which perform
best in achieving the purposes of this Act. The Government shall
allocate adequate funds for implementation of the provisions of this Act and
for training of the Designated Officers, Appellate Authorities and their staff. The provisions of sections
9, 12 and sub-section (3) of section 20 of this Act shall be supplemental to
the disciplinary and financial rules and such other service rules and
regulations as applicable to the employees of the Government or Public Authority
concerned, as the case may be. If an eligible person
deliberately gives false or frivolous information in the application or submits
false documents along with the application and obtain the public services under
this Act on the basis of such information or documents, in that case an action
shall be taken against him under the relevant provisions of the penal law in
force. The State Government may
issue to the Public Authority such general or special directions in writing for
the purpose of effective implementation of this Act and the Public Authority
shall be bound to follow and act upon such directions. No suit, prosecution or
other legal proceedings shall lie against any person for anything which is done
or purported to have been done in good faith in pursuance of the provisions of
this Act or the rules made thereunder. No civil court, tribunal or
other authorities shall have jurisdiction in respect of any matter which the
Commission and the Appellate Authorities are empowered by or under this Act to
determine. In relation to the services
notified under this Act and its implementation, the provisions of this Act
shall have effect notwithstanding anything inconsistent therewith contained in
any other law for the time being in force or in any rules having effect by
virtue of any law other than this Act. (1)
The Government may, subject to the condition of previous
publication, by notification in the Official Gazette, make rules to carry out
the purposes of this Act. (2)
Every rule made under this Act, shall be laid, as soon as may be,
after it is made, before each House of the State Legislature, while it is in
session for a total period of thirty days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in any rule or both Houses agree that
the rule should not be made, and notify their decision to that effect in the
Official Gazette, the rule shall, from the date of publication of a
notification in the Official Gazette, of such decision have effect 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 or omitted to be done under that rule. (1) If any
difficulty arises in giving effect to the provisions of this Act, the State
Government may, as occasion arises, 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 the purpose of removing the
difficulty: 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) shall be laid, as soon as may be, after it is
made, before each House of the State Legislature. (1)
The Maharashtra Right to Public Services Ordinance 2015 (Mah. Ord.
V of 2015) is hereby repealed. (2)
Notwithstanding such repeal, anything done or any action taken
(including any notification or order issued) under the said Ordinance shall be
deemed to have been done, taken or issued, as the case may be, under the
corresponding provisions of this Act.
Preamble - MAHARASHTRA RIGHT TO PUBLIC SERVICES ACT, 2015PREAMBLE