In exercise of the powers
conferred by Section 20 of the Punjab Transparency & Accountability in
Delivery of Public Services Act 2018 (Punjab Act No. _ of_____), and all the
powers enabling him in this behalf the Governor of Punjab is pleased to make
the following rules, namely:- (1) These
rules may be called the Punjab Transparency & Accountability in Delivery of
Public Services Rules, 2018. (2) These
rules shall come into force with effect from the date of their publication in
the Official Gazette. (1) In these
rules, unless the context otherwise requires:- (i) "Act"
means the Punjab Transparency & Accountability Delivery of Public Services
Act, 2018; (ii) "Form"
means the Form appended to these rules; and (iii) "Section"
means section of the Act. (2) Words and
expressions used but not defined in these rules shall have the meanings
respectively assigned to them in the Act. (1) Every
public authority shall notify and display or cause to display the list of each
notified public service to be rendered by it, the name of Designated Officer
and the Appellate Authority, the stipulated time limit for providing the
service, the application form the government fee and/or the facilitation
charges, if any, in the format given in Form-1, for every service on the notice-board
of its office and also on the website/portal of the public authority if any. (2) The
public authority shall, after the publication of the list under sub-rule (1)
above, review the same and notify the services which shall be made available
through electronic mode' and through other modes in the first week of every
quarter starting January of every year. (3) The
public authority while reviewing the list under sub-rule (1) and (2) above, by
notification, omit, amend or add any public service in the same manner. (4) Such
display shall be in Punjabi/English language. (5) In the
event of non-display of such information, the Chief Commissioner or the
concerned Administrative Secretary may take suo-moto cognizance and initiate
appropriate action against the concerned public authority or designated
officer, as the case may be. (1) The
public authority concerned shall notify digital/paper-based application form
along-with a list of valid documents required to be enclosed therewith for
obtaining every public service. (2) The
checklist of documents to be furnished along-with the application form should
be mentioned in the form itself. (3) The
application form shall be in Punjabi/English language. (4) The
application form shall be available at the office of the Designated Officer and
at the SewaKendras, such Centers, as the case may. Downloadable copy of the
said application form shall also be made available on the website/portal of the
public authority or the Department. (5) All
public authorities shall take necessary steps to lessen the burden of an
eligible person to submit various certificates, documents, affidavits, etc. for
obtaining public services and shall endeavor to obtain or verify such information
and documents directly from relevant Departments or public authorities
concerned electronically, wherever possible. (6) The
public authority shall endeavor to provide an option for 'Tatkal' service
wherever possible and provide such choice in the application form of the
applicant. The applicant is required to make
payment of the government fee and/or me facilitation charges and/or additional
cost for Tatkal, if any, for each service, as notified by the concerned public
authority from time to time, either duty to the concerned public authority or
through electronic mode, as the case may be, for availing public services. (1) An
eligible person shall submit an application form or service request to the
Designated Officer or to a person subordinate to him authorized to receive the
application form along-with necessary documents for obtaining the public
service under this Act. (2) The
application form or service request can be made in paper or through electronic
mode, as the case may be, in a manner as notified under rule (4) above. (3) The
acknowledgement of the application form or service request shall be issued to
the eligible person, which shall be duly signed by the Designated Officer or
the subordinate official authorized by him, specifying date, time and place of
receipt, unique number, office stamp/name of the official receiving the
application form or service request, stipulated time limits within which the
applied service will be provided to the eligible person. (4) If the
application form is received manually, the acknowledgement of the same shall be
given manually. If the application form is received through digital mode the
acknowledgement shall be through email or SMS or any other electronic means.
Online acknowledgement will also be treated as acknowledgement given to the
eligible person. (5) A copy of
filled-up application form shall be sent to the applicant, through email in
case he/she has shared email ID, while applying for service request. (1) The
stipulated time limit shall start from the date when the required application
form, complete in all respects for a public service is submitted to the
Designated Officer or to a person authorized to receive the application form in
a manner as specified under rule (4) above. Exception-1: Provided that the
public holidays shall not be included while calculating the stipulated time
limit for delivery of service. Exception-2: Provided farther
that in case the application form is submitted at Sewa/Suwidha Centers,
FardKendras and SaanjhKendras, an additional period of two days would be added
to the specified time limit. Exceptions-3: Provided further
that during elections or in the event of natural calamities, the concerned
administrative department may, by an order, extend the stipulated time limit
for notified public services under Section (3) of the Act for specific period
of time mentioned in the order, if necessary. (1) Every
Designated Officer shall maintain a record of services applied in a format
given in Form-II, preferably in electronic format. (2) The
Designated Officer shall send electronically, on monthly basis, a list of
applied cases, disposed cases, pending cases as well as the action taken report
in respect of delayed/rejected cases to the concerned Head of the Public
Authority, which will consolidate the data before sending it to the Department
or the Commission through electronic mode. (1) In case,
where the concerned Designated Officer, for valid reasons, comes to the
conclusion that the applied service cannot be provided to the applicant, the
same shall be intimated to the applicant with reasons, in writing and/or
through SMS in case the mobile number is given in application form, within a
stipulated time limit. If the application is made online, then rejection order
shall be sent to the applicant online through email or SMS. (2) The
Designated Officer shall not raise piecemeal objections on such application and
the objections if any will be conveyed at the first instance. (1) Each
application for delivery of service shall be tagged to a unique number to
enable the applicant to monitor the status of the application. (2) Applications
shall be processed within the stipulated time limit (3) The
Designated Officer may seek additional information or clarification on the submitted
application only once before the expiry of the prescribed time limit preferably
through email or SMS. In such a scenario, the prescribed time limit will start
afresh from the date of receipt of additional information or clarification from
the eligible person. (4) The
Designated Officer shall ensure minimal physical interference with the
applicant, as far as possible, for delivery of the service. (5) The
Designated Officer shall communicate the grounds for rejection if the
application of an eligible person is rejected, in person/through
email/post/SMS. (6) The
eligible person, who has applied for the service, will be able to know the
status of his application online or through SMS or at portal or any other means
as notified by the public authority (7) The
public authority shall create a mechanism/system to enable the applicant to
track the status of application using the unique number provided. The public
authority shall ensure the timely updates on the status of application. (1) The
Commission in consultation with the concerned Department shall devise the
mechanism for evaluation and bench-marking the performance of the public authorities
in delivery of public services. (2) All the
Designated Officers and the Appellate Authorities shall undergo periodic
requisite trainings by the Public Authority concerned to enhance and ensure
time-bound delivery of the public services in a transparent and accountable
manner. (3) All the
Designated Officers and the Appellate Authorities shall interact with the
applicants, on a periodic basis, to know their grievances or suggestions for
improving efficacy in the service delivery. An appeal to the Appellate
Authority under Section 8 of the Act shall be filed in Form III, either
manually or online within 30 days from the date of rejection or the expiry of
the stipulated time limit, as the case may be. Provided that the Appellate
Authority may, in exceptional cases, admit the appeal even after the expiry of
the period of thirty (30) days, subject to the maximum period of ninety (90)
days, if it is satisfied with the genuineness of the reasons for delay given by
the Appellant. (1) The
notice of hearing of the appeal, as the case may be, shall be served to the
applicant in any of the following manners:-- (i) by hand
delivery through special messenger, (ii) by
registered post with due acknowledgement; (iii) online
through email or SMS or any other electronic means; (iv) in case
of government servant, through his/her controlling officer or online or email
or SMS. (2) In all
the appeals, the date of hearing shall be communicated to the appellant and the
Designated Officer, at-least ten (10) clear days in advance. (1) While
deciding the appeal, the Appellate Authority shall have the same powers as are
vested in a Civil Court while trying a suit under the Code of Civil Procedure,
1908, in respect of the following matters, namely:-- (i) summoning
the Designated Officer and appellant at the time of hearing of Appeal; (ii) enforcing
the attendance of persons, compelling them to give oral or written evidence on
oath and producing documents or things; (iii) requiring
the discovery and inspection of documents; (iv) requisitioning
any public records or copies thereof from any court or Public Authorities; (v) scrutinizing
the relevant documents or copies thereof; (vi) receiving
evidence on affidavits; (vii) issuing
summons for examination of witnesses or documents; (viii) hearing
the Designated Officer and the appellant at the time of hearing of the appeal. (2) If any
party remains absent even after due service of notice of hearing, then the
appeal shall be disposed of in his absence. (1) The order
in the appeal shall be in writing. (2) Copy of
the order in appeal shall be given to the appellant, who has filed the appeal
and the Designated Officer. The Appellate Authority may take
suo-moto notice of failure to deliver service in such cases where the
applications are not decided by the Designated Officer/his authorized person
within the stipulated period and there is unreasonable delay in disposal of
such applications in public interest. On finding any lapse, the Appellate
Authority may pass appropriate orders in this regard as it may deem fit, as the
facts and circumstances of the case may warrant. Provided that before posing an
adverse order, a reasonable opportunity of being heard, shall be given to the
eligible person and/or the Designated Officer. The Designated Officer and the Appellate
Authority shall maintain a complete record of the appeal cases in Form IV,
either manually or in electronic form. (1) In the
case of imposition of penalty, the Appellate Authority shall forward a copy of
such order to the Administrative Department concerned, with instructions to
deduct the amount as per provision of Section (10) of the Act, from the salary
or remuneration of the Designated Officer and/or any other official involved in
the process of providing such service against which penalty has been awarded. (2) In the
event of recommendations for disciplinary action against the Designated Officer
and other official, the Appellate Authority shall send a copy of such order to
his office establishment with a copy to the Administrative Department concerned
and to the Commission. (3) The
penalty imposed under the provisions of the Act, shall be recovered in
proportion to be fixed by the Appellate Authority from the salary or
remuneration of the Designated Officer and/or any other officer/official
involved in the process of providing such service. (4) The
concerned Public Authority to which a copy of such order of Appellate Authority
has been marked, shall recover the penalty from the next salary/remuneration of
the Designated Officer and/or any other officer/official involved in the
process of providing such service, as decided by the Appellate Authority. The
penalty so recovered, shall be deposited in the Bank account of the Commission
and a copy of receipt of deposit shall be forwarded to the Appellate Authority
and the AD concerned. (5) In the
event of award of compensation to the applicant/appellant by the Appellate
Authority, the concerned Public authority shall make payment to the
applicant/appellant out of penalty recovered by it and deposit the balance
amount in the bank account of the Commission as simulated in the said sub-rule
(4). A copy of receipt of compensation by the applicant shall be forwarded to
the Appellate Authority. (1) An
application for revision addressed to the Commission or an officer nominated in
this respect shall be made in Form V within a period of sixty (60) days from
the date of such order. Exception:- Provided that the
Commission may entertain the application after the expiry of the said period of
sixty (60) days, if it is satisfied that the application could not be submitted
in time for a reasonable cause. (2) The
applicant shall enclose a self-attested copy of the order of the Appellate Authority
against which the revision has been filed. (3) After
receiving the application under sub-rule (1), the Commission shall send notice
of the same to the party concerned either,- (i) dasti
i.e. through the party filing the revision; or (ii) by
registered post with acknowledgement; or (iii) through
e-mail. (4) 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, in respect of the following matters, namely:-- (i) summoning
the Designated Officer and appellant at the time of hearing of Appeal; (ii) enforcing
the attendance of persons, compelling them to give oral or written evidence on
oath and producing documents or things; (iii) requiring
the discovery and inspection of documents; (iv) requisitioning
any public records or copies thereof from any court or Public Authorities; (v) scrutinizing
the relevant documents or copies thereof; (vi) receiving
evidence on affidavits; (vii) issuing
summons for examination of witnesses or documents; (viii) hearing
the Designated Officer and the appellant at the time of hearing of the appeal. (5) While
deciding any application, in order to ascertain the facts, the Commission may
authorize an officer to enquire into the matter. The officer, to whom such an
inquiry has been entrusted, shall submit report to the Commission within a
period of fifteen (15) days. (6) The
Commission shall decide the application in view of the relevant record
available before it. The Commission may take suo-moto
notice in such cases where the applications/appeals are not decided by the
Designated Officer/Appellate Authority within the stipulated period and there
is unreasonable delay in disposal of such applications/appeals. On finding any
lapse, the Commission may pass appropriate orders in this regard as it may deem
fit. The Commission shall maintain a
complete record of the revision or suo-moto cases in Form VI, either manually
or in electronic form in separate registers. (1) The employees
appointed on deputation from any department of the State Government, Board,
Corporation or other statutory body of the State Government, shall be paid
salaries and allowances as admissible to them under the rules applicable to
their service and they shall be governed under the said rules and relevant
instructions issued by the State Government from time to time. (2) The
employees recruited on outsource or contract by the Commission shall he
governed by the policy of the State Govt. as decided from time to time. (3) The term
of office of the other officers and other employees shall be such as the State
Government may specify by order. (4) The
Commission may also employ retired employees of the State Government, Boards,
Corporations or statutory bodies of the State Government as per the guidelines
issued by the govt. from time to time. PUNJAB TRANSPARENCY AND ACCOUNTABILITY IN
DELIVERY OF PUBLIC SERVICES RULES, 2018
PREAMBLE