[01st
November, 2012] An Act
to provide for the delivery of public services to the citizens within the given
time limit and for matters connected therewith and incidental thereto. BE it
enacted by the Legislature of the State of Odisha in the Sixty-third Year of
the Republic of India as follows:- (1)
This Act may be called the Odisha Right to
Public Services Act, 2012. (2)
It shall extend to the whole of the State of
Odisha. (3)
It shall come into force on such date as the
State Government may, by notification, appoint. In
this Act, unless the context otherwise requires,- (a)
"Appellate Authority" means an
authority notified under Section 5; (b)
"Designated Officer" means an
officer designated as such under Section 3 for providing the service; (c)
"eligible person" means any person
who requires the service for which he is entitled as per statutory provisions
or executive instructions in force and applicable; (d)
"given time limit" means maximum
time to provide the service by the Designated Officer or to decide the appeal
by the Appellate Authority and revision by the Revisional Authority within a
stipulated period; (e)
"Revisional Authority" means an
authority notified under Section 6; (f)
"right to public service" means
right to obtain the service notified by the State Government under this Act
within the given time limit; and (g)
"Service" means any service in
relation to public notified under Section 3. (1)
The State Government may, by notification,
from time to time, declare the services, to which this Act shall apply and
specify the time limit within which the services shall be provided. (2)
For the purposes of this Act, the State
Government may, by notification, designate as many officers as may be necessary
to direct for providing services within a given time limit. (1)
An eligible person shall make an application
to the Designated Officer for obtaining any service under the provisions of
this Act. (2)
The Designated Officer shall, on receipt of
an application under Sub-section (1), dispose of the same within the given time
limit: Provided
that where the Designated Officer rejects the application, he shall record the
reasons thereof under intimation to the applicant. (3)
Every Designated Officer shall maintain
records of services applied for in such manner as may be prescribed. (1)
Any person, whose application for obtaining
service is rejected under Sub-section (2) of Section 4 or who is not provided
with the service within the given time limit, may, within thirty days from the
date of receipt of the order of rejection of application or the expiry of the
given time limit, as the case may be, prefer an appeal before such authority as
may be notified by the Government and in such form as may be prescribed: Provided
that the Appellate Authority may admit the appeal after expiry of the period of
thirty days which can be further extended for a period not exceeding ninety
days thereafter, if he is satisfied that the appellant was prevented by
sufficient cause for not preferring the appeal in time: Provided
further that, resorting to the provision of this Act shall not be a bar to the
applicant to pursue his remedy available under the law in relation to the said
service. (2)
The Appellate Authority, if so satisfied,
may, within a period of thirty days from the date of filing of appeal, by
order, direct the Designated Officer to provide the service within the time
limit mentioned in the order. (3)
The Appellate Authority shall dispose of the
applications in the same manner as the applications received under Section 11
are disposed of. Any
person aggrieved by the order of the Appellate Authority, or in case of
non-disposal of the appeal in time, may, within thirty days from the date of
that order, or expiry of the time, as the case may be, prefer a revision
petition before such authority as may be notified by the Government and in such
form as may be prescribed: Provided
that the Revisional Authority may entertain the revision after expiry of the
period of thirty days which can be further extended for a period not exceeding
sixty days thereafter, if he is satisfied that the petitioner was prevented by
sufficient cause for not preferring the revision in time. The
Appellate Authority and Revisional Authority shall, while deciding an appeal or
revision, as the case may be, have the same powers as are vested in civil court
while trying a suit under the Code of Civil Procedure, 1908 and in particular,
in respect of the following matters, namely:- (a)
summoning and enforcing the attendance of
Designated Officer and appellant and compel them to give oral or documentary
evidence or both; (b)
requiring the production and inspection of
documents; and (c)
any other matter which may be prescribed. (1)
(a) Where the Revisional Authority is of the
opinion that the Designated Officer has failed to provide service without
sufficient and reasonable cause, he may impose a penalty against the Designated
Officer not exceeding five thousand rupees. (b)
Where the Revisional Authority is of the opinion that the Designated Officer
has caused delay in providing the service, he may impose a penalty not
exceeding two hundred fifty rupees for each day of delay: Provided
that the Designated Officer shall be given a reasonable opportunity of being
heard before any penalty is imposed on him. (2)
Where the Revisional Authority is of the
opinion that the Appellate Authority has failed to decide the appeal within the
given time limit without any sufficient and reasonable cause, he may impose a
penalty against the Appellate Authority not exceeding five thousand rupees: Provided
that the Appellate Authority shall be given a reasonable opportunity of being
heard before any penalty is imposed on him. (3)
The penalty imposed under this Act shall be
charged from the Designated Officer, Appellate Authority and the concerned
Sub-ordinate staff, as the case may be and shall be in the proportion to be
decided by the Revisional Authority: Provided
that the Sub-ordinate staff be given a reasonable opportunity of being heard
before any penalty is imposed on him. Non-compliance
of the orders of the Revisional Authority shall amount to misconduct and shall
make the concerned person liable for disciplinary action under the Service
Rules applicable to him, if so recommended by the Revisional Authority. No
Court shall entertain any suit, application or other proceeding in respect of
any order made under this Act and no such order shall be called in question
otherwise than by way of an appeal or revision under this Act. Notwithstanding
anything contained in this Act, the State Government may, on receipt of an
application alleging non-compliance of the provisions, send the same directly
to the Appellate Authority for taking further actions as per the provisions of
this Act. No
suit, prosecution or other legal proceeding shall lie against any person for
anything which is done in good faith or intended to be done under this Act or
any rule made thereunder. The
services and the given time limit shall be displayed locally and on the website
by the Secretary of the Department concerned for information of the public in
odia language. The
State Government shall, by notification in the Official Gazette, make rules to
carry out the provisions of this Act within a period of six months from
commencement of this Act. (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: Provided
that no such order shall be made after the expiry of a period of two years from
the date of commencement of this Act. (2)
Every
order made under this section shall, as soon as may be, after it is made, be
laid before the Odisha Legislative Assembly.THE ODISHA RIGHT TO PUBLIC SERVICES ACT, 2012
PREAMBLE