Registered No.-768/97 THE ASSAM GAZETTE ~~et EXTRAORDINARY / ett~ <lS~ ':l<l~ I::l PUBLISHED BY THE AUTHORITY Ol~ 471 fiM~,~,25~, 2012, 3 ~, 1934 ("1<li) No.471 Dispur,Thursday, 25th October, 2012, 3rd Kartika, 1934 (S.E.)
GOVERNMENT OF ASSAM ORDERS BYTHE GOVERNOR ADMINISTRATIVE REFORMSANDTRAINING DEPARTMENT DISPUR, GUWAHATI-6.
NOTIFICATION The 19th September, 2012 No.AR.69/201IIPt-II/... :- Inexercise of the powers conferred by section IS oftheAssam Right to Public Services Act, 2012, (AssamAct No. IX of20 12), the GovemorofAssam is hereby pleased to make the following rules, namely :- Short title and commencement.
Definitions.
Authorization by designated public servant for receiving application.
I. (I) These rules may be called the Assam Right to Public Services Rules, 2012.
(2) They shall come into force on the date oftheir publication in the OfficialGazette.
2. (I) In these Rules, unless the context otherwise requires,
(a) "Act" means theAssam Right to Public Services Act. 2012 (AssamAct IX of20 12);
(b) "Department" means the concerned administrative department ofthe Government ofAssam;
(c) "Section" means Section oftheAct.
(2) The words and expressions used in these rules and not defined but defined in theAct, shall have the same meanings respectively assigned to them in theAct.
(3) The Designated Public servant may, byorder, authorize anysub ordinate officer or employee of thc Department to receive the application made by any eligible person to obtain any noti fied service under theAct 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 thesameshall be clearly mentioned in the acknowledgement and the stipulated time limits shall not be mentioned in such acnowledgements, but on subsequent submission of all the documents as mentioned in theapplication, the stipulated time limit shall be mentioned in theacknowledgement:
2872 THEASSAM GAZElTE, EXTRAORDINARY, OCTOBER 25,20 12 Public holidays sha ll not be included in the stipulated time limit.
Ohligation to display information on Notice Board.
Penalty.
Exemption from Appeal Fee.
Procedure for applicat ion for first or second appeal.
Provided further that, ifall the necessary docwnents asspecified in the application have been annexed with the application and the application is found to be complete inall respects,then the stipulated time limit shall be mentioned inthe acknowledgement.
4. While computing the stipulated time limit fo r providing notified services, the public holidays shall not be counted.
5. The Designated Public Servant shall, for theconvenience ofcommon public, cause to display all relevant information relating to notified services including designation of Designated Public Servants, Appellate and ReviewingAuthorities, stipulated time limit, user charges, documents required to be enclosed with the application and eligibility criteria as applicable on the offi ce Notice Board.
6. (1) Where the Appellate Authority is of the opinion that the Designated Public Servant has fai led to provide the notified service without sufficient and reasonable cause, hemay, impose undersection 9 ( I) (a) of the Act, a lump-sum penalty against the Designated Public Servant to the extent ofrupees two thousand only which shall in nocase 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 sullic ient and reasonable cause, he may impose penalty under section 9 (I) (b) oftheAct on the Designated Public Servant at the rate ofrupees fi fty per day ofdelay, with the provision that the total penalty inanyone case shallnotexceed rupees two thousand only.
(3) Where the Reviewing Authority is of the opinion that the Appellate Authority has fai led to decide the appeal within the stipulated time limit without any sufficientand reasonablecause he mayimpose a penalty against theAppellate Authority and concerned sub-ordinate staff, as the case may be, to the extent of rupees two thousand toeach ofthem which shall in no case be less than rupees two hundred each.
(4) Where theAppellate Authority or the ReviewingAuthority, as the case may be, has decided to impose penalty if any, under sub rules (I) and (3) ofthis rule, the proportionofpenalty to be imposed on the Designated Public Servants, Appellate Authority or concernedsub-ordinate staffmaybe determined taking in toaccount, among other factors, the degree of responsibility and extent of negligence.
7. No fee shall be levied for first appeal or second appeal made under theAct.
8. Every first or second appealpetition, as thecase may be, shall specify the following infonnation :- (I) Name and address ofapplicantorperson preferring first/second appeal;
(2) To the extent possible, name and address ofthe Designated Public Servant or person or agency or the Appellate Authority against whose action or decision the fi rst/second appeal has been preferred;
(3) Particulars ofthe order against which the first/second appeal THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 25, 2012 2873 Documents to be enclosed with first or second appeal.
Procedure for deciding first or second appeal.
Serving notice of hearing.
has been preferred ;
(4) Date of application along with name and address of the Designated Public Servant ifthe appeal is made against non receiptofacknowledgement ofthe applications;
(5) Ground for first or second appeal ;
(6) The reliefsought for ; and
(7) Any other related information that may be necessary for determining the first!secondappeal.
9. With every first or second appeal, as the case maybe, the following documents shall be enclosed :- (I) Index ofdocuments enclosed with the first!second Appeal;
(2) Copy ofthe orderagainst which the first/second appeal is being preferred; and
(3) Copies ofdocuments mentioned in the application for fi rst!
second appeal.
10. While deciding first or second appeal, as the case may be, (I ) The relevant documents,public records or theircopies shall be examined;
(2) The Designated Public Servant orappellant maybe summoned at the time ofhearing ofappeal.
II .The notice ofhearing ofthe first or second appeal, as the case may be, shall be served in any one ofthe following manner :- (I) By the party or person himself ;
(2) By hand delivery through specialmessenger or process server ;
or Individual presence o f appIicantlDesignated Public Servant
(3)
(4)
12.(1 ) Byregistered post with due acknowledgement receipt ; or Through the department, in case or review.
In all first or second appeals, the date of hearing shall be communicated to the applicant, the Designated Public Servant and theAppellate, as the case may be, at least seven cleardays inadvance.
Order in First or Second Appeal
(2) Where it is clear that circumstances exist due to which an appellant, Designated Public Servant orAppellateAuthority as the case may be, is unable to bepresent 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 AppellateAuthority forappearance or may pass such order as maybe deemed fit by theAppellateAuthority or the Reviewing Authority, as the case may be.
(3) Ifany party remains absent after due service ofnotice of the fixed date ofhearing, then the appeal shall be disposed offin his absence ordismissed due to non-appearance.
13.(1 ) Thecopy ofthe order passed in the first or the second appeal, as the case may be, shall be communicated to the parties in writingfrom theAppellateAuthority or ReviewingAuthority.
(2) Copies oftheorder offirst appeal shall be givento the appellant 2874 THE ASSAM GAZETTE, EXTRAORDINARY, OCTOBER 25, 2012 Recovery of penalty.
Maintenance of records of all disposed cases under thc Act Publicat ion a n d Disseminati on o f guidelines.
and the Designated Public Servant.
(3) Copies of the order of second appeal shall be given to the appellant, Designated Public Servant andAppellateAuthority.
(4) In case ofimposition ofa penalty, theAppellate Authority of ReviewingAuthority, as the case may be, shall endorse a copy ofthe order to the concerned,
(i) Drawing and Disbursing Officer, with the direction to recover the amount ofpenalty from the salary orhonorarium or remuneration or contractua l payment of the concerned Designated Public Servant, AppellateAuthority or person or agency concerned, as the case may be, after finaldisposal of appeal or expiry ofappeal period, as the case may be;
(ii) Treasury Officer, wherever applicable ; and
(iii) Department concerned.
(5) In the event ofrecommendation for departmental action against the Designated Publ ic Servant or theAppellate Authority, as the case may be, the Appellate Authority or the Reviewing Authority, as the case may be, shall send copies ofthe orders issued by him to theconcerned appointing authority fornecessary disciplinary action.
(6) Where the Reviewing, Authority makes any review or modification in the orderoftheAppellateAuthority then he shall sendacopy ofsuch order to theAppellateAuthority and ofiicers as specified under sub-rule (4) and (5) ofthis rule.
14. Upon receipt ofcopyoforder for imposing penalty under sub-rule
(4) rule 13, the Drawing and Disbursing Officer, shall recoverthe amount ofpenalty from the salary or honorarium or remuneration orcontractual payment ofthe concerned Designated Public Servant, Appellate Authority or person or agency concerned, as the case may be, after final disposal ofappeal or expiry ofappeal period, as thecase maybe and shalldeposit it undertheconcerned Government Head ofAccount and send a copy of the Treasury challan to the concernedAppellateAuthority or ReviewingAuthority, as thecase may be.
15.The Designated Public Servant,AppellateAuthority, and Reviewing Authority shall maintain records as may berequired under theAct and asper instructions issued bythe Government from timeto time, for carrying out the provisions oftheAct or these rules.
16.The State Government may, to the extent ofavailability of financial and other resources and subject to the provisions of theAct and these rules, (I) Compile a guideline containing such information, in an easily comprehensible form and manner, as may reasonable be required by a person who wishes to exerciseanyright specified under thisAct, which shall include,
(i) The objects oftheAct;
(ii) The manner and the form in which request for noti fied services shall be made to the Designated Public Servant, AppellateAuthorities and ReviewingAuthorities respectively.
THE ASSAM GAZETTE, EXTRA ORDINARY, OCTOBER 25, 2012 2875 Direction by Sta te Government (Iii) All remedies available in the Act regarding a delay or denial ofnotified service, includingthe manneroffiling appeals;
and
(tv) Any additional information which may be required for proper implementation of the Actand theserules.
(2) Updateand publish guidlines referred to insub-rule(I), at regular intervals,
17. Subject to the provisions of the Act and these rules, the State Government may issue directions, from time to time, for effective implementationofthe provisionsoftheAct.
RAJIV KR. BORA Principal Secretary to the GoV!. ofAssarn, Administrative Reforms and Training Department Dispur,Guwahati - 6.
Guwahati :- Printed and Published by the Dy. Director (P & S), Directorate ofPtg.& Sty. Assam, Guwahati-21 .
Ex-Gazette No.941- 300+ 1000 - 25 - 10 - 2012.
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