In exercise of the powers
conferred by sub-section (1) of Section 9 of the Chhattisgarh Lok Sewa
Guarantee Act, 2011 (No. 23 of 2011), the State Government, hereby makes the
following rules for laying down the procedure for presenting application,
appeal and payment of cost, namely : (1)
These rules may be called the Chhattisgarh Lok Sewa Guarantee
(Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011. (2)
They shall come into force from the date of its publication in the
Official Gazette. (1)
In these rules, unless the context otherwise requires,- (a)
"Act" means, the Chhattisgarh Lok Sewa Guarantee Act,
2011 (No. 23 of 2011); (b)
"Appellate Authority" means, an officer empowered in
Section 2(a) of the Act who can hear appeals against the orders passed by the
Competent Officer; (c)
"Competent Officer" means, an officer empowered to
impose cost for default or delay caused by the person responsible for delivery
of Lok Sewa as mentioned in Section 2(b) of the Act; (d)
"Cost" means, cost as imposed for payment by the
Competent Authority on a person responsible for delivering Lok Sewa for the
services specified in Section 4(4) of the Act. (e)
"Department" means, a Department of the Government or a
section, division, branch, office or constituent unit, or by whatever name
called, of a local body, public authority or agency, as the case may be, as
mentioned in Section 2(c) of the Act; (f)
"Designated Officer" means, an officer responsible for
delivering Lok Sewa as mentioned in Section 4(1) of the Act; (g)
"Form" means, form attached to these rules made under
the Act; (h)
"Government" means, the Government of Chhattisgarh as
mentioned in section 2(d) of the Act; (i)
"Local body" means, any Authority, Municipal
Corporation, Municipality, Panchayat or any Other Body, as mentioned in Section
2(e) of the Act; (j)
"Lok Sewa" means, Services mentioned in Section 2(f) of
the Act; (k)
"Notification" and "Notified" means a
notification published in the Official Gazette under Section 2(g) of the Act; (l)
"Prescribed" means, prescribed by these rules; (m)
"Public Authority" means, an authority or body or an
autonomous body mentioned in Section 2(i) of the Act; (n)
"Rule" means, the Chhattisgarh Lok Sewa Guarantee
(Avedan, Appeal, tatha Parivyay a ka Bhugtan) Niyam, 2011; (o)
"Schedule" means, issuing of Schedule under these rules
related to notified civilians in public services under Section 3(1) of the Act; (p)
"Stipulated time" means, the specified time to provide
Lok Sewa or to decide the appeal by the Appellate Authority notified under these
rules; (2)
The words and expression used in these rules which are not
defined, shall have the same meaning as assigned to them in the Act. Each department, shall designate
a responsible officer, for delivering Lok Sewa in prescribed time under Section
4(1), and the designated officer shall be responsible for necessary action on
each application and providing Lok Sewa to the applicant in stipulated time as
mentioned in the Schedule. Each Officer designated by
department shall authorise his sub-ordinate officer/employee to receive the
applications, examine them and to issue the acknowledgement to the applicant
for the public services provided by his office. The officer/employee authorised
under the said procedure, on receipt of applications shall immediately check
whether necessary documents have been annexed with the application. Application
which is complete in all respect and with necessary documents shall only be
entertained. Authorised officer/employee shall give acknowledgement to the
applicant in Form-1, as specified in rule 4. Incomplete applications shall be
returned back to applicant with a note on its incompleteness. Complete
applications received on each working day, shall be produced before
"Designated Officer" on the same working day for providing Lok Sewa. As per Section 5 of the Act, each
department shall declare one or more than one Competent Officer, who is/are not
below the rank of Designated Officer responsible for providing Lok Sewa, for
enquiring the default or delay made by Designated Officer. The Competent
Officer shall have the powers to impose cost on Designated Officer under the
provisions of the Act. If the Designated Officer failed
to provide Lok Sewa in stipulated time, the applicant may submit complaint to
Competent Officer. On receiving such a complaint, Competent Officer shall
enquire into the reasons for delay in providing Lok Sewa and after according a
reasonable opportunity of hearing to the Designated Officer, decide the
complaint within 30 days. Competent Officer after going through reasons and
facts produced by Designated Officer shall decide whether he is responsible or
not for delay in providing Lok Sewa. If Designated Officer is found responsible
for not providing services in stipulated time then the Competent Officer shall
impose cost under Section 4(4) of the Act and give the directions to provide
services at the earliest, if the services are not provided to the applicant.
Copy of the order passed by Competent Officer shall be endorsed to applicant,
designated officer and the officer having administrative control over designated
officer. Responsibility of designated officer to provide service required by
the applicant at the earliest shall remain intact even after cost is imposed on
him. Any person who is aggrieved by an
order passed by the Competent Officer shall be entitled to file an appeal
before the Appellate Officer within 30 days. For the hearing of appeals filed
by the aggrieved party against the order passed by Competent Officer, each
Department shall notify Appellate Officer under Section 7(2) of the Act whose
rank shall not be below the rank of Competent Officer. Appellate officer shall
decide the appeal within a maximum time limit of 45 days, from the date of
filing appeal and while disposal of appeal follow rules of natural justice. The
order passed by Applellate Authority shall be final and binding. Any person who is aggrieved by an
order passed by the Competent Officer shall be entitled to file an appeal
before the Appellate Authority within a period not exceeding thirty days from
the receipt of the impugned order. There shall be no fees for appeal. (1)
The following information shall be furnished in an application for
appeal- (i)
name and complete address of the appellant; (ii)
brief description of required service; (iii)
date of the application produced before designated officer for
providing service; (iv)
date of the application produced before competent officer; (v)
particulars of that order of competent officer against whom appeal
is made with date; (vi)
the grounds for appeal; (vii)
relief sought; (viii) any other
information necessary for filing appeal. (2)
Documents to be annexed with appeal- The following documents shall
be annexed with every application for appeal, namely:- (i)
self-attested copy of the order of the competent officer against
which the appeal is made; (ii)
the copies of the documents mentioned in the application for
appeal; (iii)
the index of the documents annexed with the application for
appeal; (iv)
self-attested copies of the documents mentioned in the original
applications of applicant and appellant. In deciding the application for
appeal the Appellate Authority shall - (i)
inspect relevant documents, public documents or copies thereof; (ii)
hear designated officer/applicant, as the case may be, at the time
of appeal. The notice of hearing of
application for appeal may be served in any of the following manner - (i)
by hand delivery (dasti) through special messenger; (ii)
by the registered post with due acknowledgement; (iii)
in case of a Government servant, through his controlling officer. (1)
In every case the appellant shall be intimated with the date of
hearing, at least seven clear days prior to such date of hearing. (2)
If any party remains absent after due service of notice of the
fixed date of hearing, then the application for appeal may be disposed in his
absence. (1)
During hearing of Appeal signature/thumb impression of both the
parties shall be obtained in order sheet; (2)
The copy of appeal order shall be given to both parties and also
endorsed to the following:- (a)
For information to Competent Officer and if the appeal of
designated officer is rejected then, with the direction to pay amount of cost
positively; (b)
Administrative or Disciplinary controlling department of concerned
designated officer for appropriate administrative action and for record in his
service particulars. In case of dismissal or rejection
of appeal the designated officer has to pay the amount of cost within seven
days as imposed by the Competent Officer on him. (1)
Cost shall be paid in the following manner:- (a)
Each Competent Officer shall open a savings account in his own
name in a nationalized bank for depositing and withdrawal of amount collected
as the cost and maintain record of the amount deposited and withdrawn in his
office in a seperate cash book. (b)
Each Designated Officer shall deposit amount of cost imposed on
him in the account opened by Competent Officer as mentioned in the (a) above
and shall inform to the Competent Officer alongwith the photocopy of
counterfoil as given by the bank. (c)
Amount deposited as above shall be paid to the applicant in person
or by cheque/bank draft or through money order. (d)
For the payment of cost to the applicant, fees incurred on bank
draft or money order shall be borne by Competent Officer through interest on
the amount deposited in bank or by concerning drawing and disbursing officer
from contingency fund. (2)
Payment, by other methods - (i)
If the Designated Officer failed to pay the amount of cost imposed
on him as specified in rule 13, then the Competent Officer shall direct drawing
and disbursing officer to recover the amount of cost from the next salary of
the Designated. Officer and deposit it in the bank saving account as mentioned
in rule 14(1)(a). Directions of Competent Officer shall be binding on drawing
and disbursing officer. (ii)
Amount received as above method shall be deposited by the drawing
and disbursing officer under intimation to the Competent Officer, who in turn
pay it to the applicant as specified in the rule 14(1)(c). For providing Lok Sewa
Calculation of stipulated time shall be in the form of working days. The Designated Officer in Form-2
attached with these rules shall cause to exhibit the relevant information of
the services on a notice board installed at a conspicuous place of his office
for the convenience of general public. The details of necessary documents to be
attached with an application for obtaining notified services shall be displayed
on the notice board. For the maintenance of record of
disposed cases under the Act, The Designated Officer, shall maintain the record
of the cases in Form-3, and appellate officer in Form-4 attached with these
rules. No person shall submit any
application which contains any fact or information, which he knows or has
reasons to believe to be false, to obtain any Lok Sewa, and who furnishes such
fact or information may be liable for criminal action under the law for the
time being in force. The State Government may issue
directions from time to time for effective implementation of the provisions of
the Act, superintendence of the cases filed under the Act and for the
inspection of the offices of the Designated Officer, Competent Officer,
Appellate Authority and Drawing and Disbursing Officer.THE
CHHATTISGARH LOK SEWA GUARANTEE (AVEDAN, APPEAL, TATHA PARIVYAYA KA BHUGTAN)
NIYAM, 2011
PREAMBLE