[1]THE ODISHA
RIGHT TO PUBLIC SERVICES RULES, 2012 In pursuance of Section 14
of the Odisha Right to Public Services Act, 2012 (Odisha Act 8 of 2012), the
State Government do hereby make the following rules for carrying out the
purposes of the said Act, namely: (1)
These rules may be called The
Odisha Right to Public Services Rules, 2012. (2)
They shall come into force on the
date of their publication in the official Gazette of the State. (1)
In these rules, unless the
context otherwise requires:- (a)
"Act" means the Odisha
Right to Public Services Act 2012; (b)
"Form" means form
appended to these rules; (c)
"Prescribed Format"
means formats prescribed by the concerned department delivering a notified
service under the Act; and (d)
"Section" means Section
of the Act; (2)
The words which have been used
but not defined in these rules shall have the meaning as respectively assigned
to them in the Act. The Designated Officer
shall have the power to authorize by order any of his/her subordinate
officer/staff for receiving the applications and giving acknowledgement. The Authorized person
under Rule 3 shall give acknowledgement to applicant in the prescribed format
and in case any necessary documents have not been enclosed with the application
then the same shall be clearly mentioned on the acknowledgment and in such
acknowledgments given time limits shall not be mentioned: Provided that if all
necessary documents have been enclosed with the application and the application
is complete in all respects, then the given time limit shall be mentioned. In the event a service is
denied or delayed the Designated Officer shall communicate to the person
eligible and/or applying for the service: (a)
The reasons for such denial or
delay; (b)
The period within which an appeal
against such denial or delay be preferred; and (c)
The particulars including all
available contact information of the relevant Appellate Authority under the
provisions of the Act. Public holidays shall not
be included in the given time limit for providing the services. That is, the
time limit will be days specified plus the number of public holidays. Designated Officer shall,
for the convenience of common public, cause to display all relevant information
related to services on the notice board in odia language that has been put up
in the office for easy view. All the necessary documents that are required to
be enclosed with the application for receiving the notified services shall be
displayed on the Notice Board. In addition to the details in the prescribed
format, the Notice Board shall also include the details of how an appeal or
revision can be made, also all the necessary documents which shall be attached
to an appeal or revision, as the case may be. A penalty that is imposed
under the Act will be recovered from the salary/honorarium/remuneration of the
concerned Designated Officer or Appellate Authority or subordinate staff. The
penalty amount under the Act is to be deposited in the Head Of Account "0070-Other
Administrative Services-60-Other Services-SOO-Other Receipts-0097-Misc.
Receipts-02214-Fines under Odisha Right to Public Services Act". No fee shall be levied for
appeals or revisions. Following information
shall be included with application for any Appeals to Appellate Authority, or
Revisions to Revisional Authority, i.e. (1)
Name and address of applicant or
person asking for Appeals and Revisions. (2)
To the extent possible, name and
address of Designated Officer/Appellate Authority/Revisional Authority against
whose decision the Appeal/Revision has been presented. (3)
Gist of the order against which
the Appeal or Revision lies. (4)
Date of application along with Name
and address of the Designated Officer if the appeal is made against non-receipt
of acknowledgement of the applications. (5)
Basis for Appeal or Revision. (6)
Relief asked for. (7)
Any other related information
that may be necessary for determining the Appeal or Revision. With every Appeal or
Revision following documents shall be enclosed:- (1)
Table of Contents of documents
enclosed with Appeal or Revision. (2)
Self attested copy of the order
against which the Appeal or Revision is being (3)
Copies of documents mentioned in
the application for Appeal or Revision. In the decision on Appeal
or Revision, (1)
Concerned documents, public
records or their copies shall be reviewed. (2)
In exceptional circumstances, any
officer may be authorized for required investigation. (3)
The Designated Officer or
Appellate Authority or Subordinate staff may be summoned at the time of review
for a hearing. Information of hearing of
the application for Appeal or Revision shall be communicated in one of the
following manners: (1)
By the party himself/herself. (2)
By hand delivery through special
messenger. (3)
By registered post with
acknowledgment. (1)
In all situations, the hearing
date shall be communicated to applicant/Designated Officer/Appellate
Authority/Subordinate staff at least seven days in advance. (2)
As the case may be, an
applicant/Designated Officer/Appellate Authority/Subordinate staff shall make
himself present during the hearing of Appeal or Revision application or may
take the option of not attending. (3)
Where it is clear that such
circumstances exist due to which an applicant/Designated Officer/Appellate
Authority/Subordinate staff as the case may be, is/are not able to be present
in hearing, in those case before taking a final decision one more chance shall
be given to the applicant/Designated Officer/Appellate Authority/Subordinate
staff or such necessary action shall be taken as is deems fit. (4)
If any party remains absent on
the date of hearing even after due information of hearing duly executed to
him/her, then the application for Appeal or Revision, as the case may be, shall
be decided in absentia. (1)
Appeal or Revision order, as the
case may be, shall be read during the hearing and shall also be in writing. (2)
Copy of appeal order shall be
given to applicant and Designated Officer. (3)
Copy of revision order shall be
given to applicant, Designated Officer, Subordinate staff and Appellate
Authority. (4)
In the case of imposition of
penalty, Revisional Authority shall mark copy of such order to the concerned
authority with instructions to deduct the amount from the
salary/honorarium/remuneration of the Designated Officer/Appellate
Authority/Subordinate staff as the case may be. (5)
In the event of recommendation
for departmental enquiry against Designated Officer or the Appellate Authority
or Subordinate staff, as the case may be, the Revisional Authority shall send
orders issued against him/her to the concerned appointing authority. (6)
Where the Revisional Authority
makes any amendment in the order of the Appellate Authority then he/she shall
send a copy of such order to the Appellate Authority and officers notified
under Sub-rule (4). (1)
The concerned authority shall
cause to recover the penalty from the next month salary/honorarium/remuneration
of the Designated Officer or the Appellate Authority or officers and
subordinate staff as decided by the Revisional Authority, as the case may be,
upon receipt of copy of order for imposing penalty under Sub-rule (4) of Rule 15
and shall deposit it under the concerned head and send a copy of challan to
concerned Revisional Authority. (2)
In case any amendments are made
in the Revisional Authority's order during revision, then the concerned
authority shall cause to ensure that such orders are implemented. The Designated Officer;
Appellate Authority, and Revisional Authority shall maintain records of all the
cases in the prescribed formats. (1)
The State Government may have to
as per availability of financial and other resources:- (i)
Develop and organize campaigns
and programmes to advance the understanding of the public, in particular of the
disadvantaged communities, as to how to exercise the rights contemplated under
this Act; (ii)
Encourage public authorities to
participate in the development and organization of programmes as above and to
undertake such programmes themselves; (iii)
Promote timely and effective
dissemination of accurate information by public authorities about the notified
public services and time lines, arid the processes for applications; (iv)
Train concerned staff, Designated
Officers, Appellate and Revisional Authorities, as the case may be, of their
duties under the Act; and (v)
Compile guidelines containing
such information, in an easily comprehensible form and manner, as may
reasonably be required by a person who wishes to exercise any right specified
under this Act. (2)
The State Government shall, if
necessary, update and publish guidelines referred to in item (v) above at
regular intervals which shall, in particular and without prejudice to the
generality of item (v) above, include:- (i)
the objects of the Act; (ii)
the manner and the form in which
request for services shall be made to the Designated Officer or Appellate
Authority or Revisional Authority; (iii)
all remedies in law available
regarding a delay or denial of service, including the manner of filing appeals
or revisions; and (iv)
any additional regulations or
circulars made or issued in relation to obtaining services in accordance with
the Act. The Secretary of the
Department shall display the information on Public Services and the Given Time
lime to be covered under the Act in the official website of the Department
concerned for wide publicity. The State Government may
introduce a system for centralized monitoring of the timely delivery of
notified public services, including service delivery through use of Information
and Communication Technologies, and for monitoring various provisions of the
Act. The State Government may
give a reward to the officer against whom no default is reported in one year so
as to encourage and enhance the efficiency of the government servants. For
this, the competent authority shall recommend such names to the State
Government at the end of a year. The officer to be rewarded shall be selected
as per the criteria to be fixed by the State Government. The award shall be
cash incentive not exceeding Rupees Five thousand in aggregate along with a
certificate of appreciation.THE ODISHA RIGHT TO PUBLIC SERVICES RULES, 2012
PREAMBLE