In exercise of the powers conferred by section 15
of the Assam Right to Public Services Act, 2012, (Assam Act No. IX of 2012),
the Governor of Assam is hereby pleased to make the following rules, namely:- (1) These rules may be
called the Assam Right to Public Services Rules, 2012. (2) They shall come into
force on the date of their publication in the Official Gazette. (1) In these Rules,
unless the context otherwise requires, (a) "Act" means
the Assam Right to Public Services Act. 2012 (Assam Act IX of 2012); (b) "Department"
means the concerned administrative department of the Government of Assam; (c) "Section"
means Section of the Act. (2) The words and
expressions used in these rules and not defined but defined in the Act, shall
have the same meanings respectively assigned to them in the Act. The
Designated Public servant may, by order, authorize any subordinate officer or
employee of the Department to receive the application made by any eligible
person to obtain any notified service under the Act and to issue the
acknowledgement therefor to the applicant: Provided
that in case any documents as specified in the application found to have not
been annexed with the application, then the same shall be clearly mentioned in
the acknowledgement and the stipulated time limits shall not be mentioned in
such acknowledgements, but on subsequent submission of all the documents as
mentioned in the application, the stipulated time limit shall be mentioned in
the acknowledgement: Provided
further that, if all the necessary documents as specified in the application
have been annexed with the application and the application is found to be
complete in all respects, then the stipulated time limit shall be mentioned in
the acknowledgement. While
computing the stipulated time limit for providing notified services, the public
holidays shall not be counted. The
Designated Public Servant shall, for the convenience of common public, cause to
display all relevant information relating to notified services including
designation of Designated Public Servants, Appellate and Reviewing Authorities,
stipulated time limit, user charges, documents required to be enclosed with the
application and eligibility criteria as applicable on the office Notice Board. (1) Where the Appellate
Authority is of the opinion that the Designated Public Servant has failed to
provide the notified service without sufficient and reasonable cause, he may,
impose under section 9 (1) (a) of the Act, a lump-sum penalty against the
Designated Public Servant to the extent of rupees two thousand only which shall
in no case be less than rupees two hundred only. (2) Where the Appellate
Authority is of the that the Designated Public Servant has caused delay in
providing the notified service without sufficient and reasonable cause, he may
impose penalty under section 9 (1) (b) of the Act on the Designated Public
Servant at the rate of rupees fifty per day of delay, with the provision that
the total penalty in any one case shall not exceed rupees two thousand only. (3) Where the Reviewing
Authority is of the opinion that the Appellate Authority has failed to decide
the appeal within the stipulated time limit without any sufficient and
reasonable cause he may impose a penalty against the Appellate Authority and
concerned sub-ordinate staff, as the case may be, to the extent of rupees two
thousand to each of them which shall in no case be less than rupees two hundred
each. (4) Where the Appellate
Authority or the Reviewing Authority, as the case may be, has decided to impose
penalty if any, under sub-rules (1) and (3) of this rule, the proportion of
penalty to be imposed on the Designated Public Servants, Appellate Authority or
concerned sub-ordinate staff may be determined taking in to account, among
other factors, the degree of responsibility and extent of negligence. No
fee shall be levied for first appeal or second appeal made under the Act. Every
first or second appeal petition, as the case may be, shall specify the
following information:- (1) Name and address of
applicant or person preferring first/second appeal; (2) To the extent
possible, name and address of the Designated Public Servant or person or agency
or the Appellate Authority against whose action or decision the first/second
appeal has been preferred; (3) Particulars of the
order against which the first/second appeal has been preferred; (4) Date of application
along with name and address of the Designated Public Servant if the appeal is
made against non-receipt of acknowledgement of the applications; (5) Ground for first or
second appeal; (6) The relief sought
for: and (7) Any other related
information that may be necessary for determining the first/second appeal. With
every first or second appeal, as the case may be, the following documents shall
be enclosed:- (1) Index of documents
enclosed with the first/second Appeal; (2) Copy of the order
against which the first/second appeal is being preferred; and (3) Copies of documents
mentioned in the application for first/second appeal. While
deciding first or second appeal, as the case may be, (1) The relevant
documents, public records or their copies shall be examined; (2) The Designated Public
Servant or appellant may be summoned at the time of hearing of appeal. The
notice of hearing of the first or second appeal, as the case may be, shall be
served in any one of the following manner:- (1) By the party or
person himself; (2) By hand delivery
through special messenger or process server; or (3) By registered post
with due acknowledgement receipt; or (4) Through the department,
in case or review. (1) In all first or
second appeals, the date of hearing shall be communicated to the applicant, the
Designated Public Servant and the Appellate, as the case may be, at least seven
clear days in advance. (2) Where it is clear
that circumstances exist due to which an appellant, Designated Public Servant
or Appellate Authority as the case may be, is unable to be present in the
hearing, in those cases, before taking a final decision, at least one more
chance may be given to the appellant, Designated Public Servant and Appellate
Authority for appearance or may pass such order as may be deemed fit by the
Appellate Authority or the Reviewing Authority, as the case may be. (3) If any party remains
absent after due service of notice of the fixed date of hearing, then the
appeal shall be disposed off in his absence or dismissed due to non-appearance. (1) The copy of the order
passed in the first or the second appeal, as the case may be, shall be
communicated to the parties in writing from the Appellate Authority or
Reviewing Authority. (2) Copies of the order
of first appeal shall be given to the appellant (3) Copies of the order
of second appeal shall be given to the appellant, Designated Public Servant and
Appellate Authority. (4) In case of imposition
of a penalty, the Appellate Authority of Reviewing Authority, as the case may
be, shall endorse a copy of the order to the concerned, (i) Drawing and
Disbursing Officer, with the direction to recover the amount of penalty from
the salary or honorarium or remuneration or contractual payment of the
concerned Designated Public Servant, Appellate Authority or person or agency
concerned, as the case may be, after final disposal of appeal or expiry of
appeal period, as the case may be; (ii) Treasury Officer,
wherever applicable; and (iii) Department concerned. (5) In the event of
recommendation for departmental action against the Designated Public Servant or
the Appellate Authority, as the case may be, the Appellate Authority or the
Reviewing Authority, as the case may be, shall send copies of the orders issued
by him to the concerned appointing authority for necessary disciplinary action. (6) Where the Reviewing,
Authority makes any review or modification in the order of the Appellate
Authority then he shall send a copy of such order to the Appellate Authority
and officers as specified under sub-rule (4) and (5) of this rule. Upon
receipt of copy of order for imposing penalty under sub-rule (4) rule 13, the
Drawing and Disbursing Officer, shall recover the amount of penalty from the
salary or honorarium or remuneration or contractual payment of the concerned
Designated Public Servant, Appellate Authority or person or agency concerned,
as the case may be, after final disposal of appeal or expiry of appeal period,
as the case may be and shall deposit it under the concerned Government Head of
Account and send a copy of the Treasury challan to the concerned Appellate
Authority or Reviewing Authority, as the case may be. The
Designated Public Servant, Appellate Authority, and Reviewing Authority shall
maintain records as may be required under the Act and as per instructions
issued by the Government from time to time, for carrying out the provisions of
the Act or these rules. The
State Government may, to the extent of availability of financial and other
resources and subject to the provisions of the Act and these rules, (1) Compile a guideline
containing such information, in an easily comprehensible form and manner, as
may reasonable be required by a person who wishes to exercise any right
specified under this Act, which shall include, (i) The objects of the
Act; (ii) The manner and the
form in which request for notified services shall be made to the Designated
Public Servant, Appellate Authorities and Reviewing Authorities respectively. (iii) All remedies
available in the Act regarding a delay or denial of notified service, including
the manner of filing appeals; and (iv) Any additional
information which may be required for proper implementation of the Act and
these rules. (2) Update and publish
guidelines referred to in sub-rule (1), at regular intervals. Subject
to the provisions of the Act and these rules, the State Government may issue
directions, from time to time, for effective implementation of the provisions
of the Act. THE ASSAM RIGHT TO PUBLIC SERVICES RULES, 2012
PREAMBLE