THE JAMMU AND KASHMIR PUBLIC SERVICES GUARANTEE RULES, 2011 General Administration Department Notification SRO-223 dated 21st July, 2011. ––In exercise of the powers conferred by section 17 of the Jammu and Kashmir Public Services Guarantee Act, 2011 (Act No. IX of 2011), the Government hereby makes the following rules, namely:––
1. Short title and commencement. ––(1) These rules may be called the Jammu and Kashmir Public Services Guarantee Rules,
2011.
(2) These rules shall come into force from the date of their publication in the Government Gazette.
2. Definitions. ––(1) In these rules, unless the context otherwise requires––
(a) “Act” means the Jarnrnu and Kashmir Public Services Guarantee Act, 2011 (Act No. IX of 201 l) ;
(b) “Form” means the Form appended to these rules ;
(c) “Government” means the Government of Jammu and Kashmir ;
(d) “Section” means the section of the Act.
(2) The words and expressions used in these rules but not defined shall have the same meaning as assigned to them respectively in the Act.
3. Authorization by Designated Officer for receiving the application.–– The designated officer may, by order, authorize any of his subordinate officer or employee to receive the application and to issue the acknowledgement thereof.
1[3–A. Online Services. ––(1) Wherever any service notified under section 4 of the Act is being provided online or by electronic mode by any Department, the provisions of the Act and Rules 3, 4, 8, 12, 13, 14, 15 and 16 shall mutatis mutandis apply to such service and nonproviding of such service or rejection to provide such service by the Designated Officers within the specified time limit shall be automatically transmitted electronically to the Appellate Authority, Designated Officers as well as applicant and Appellate Authority shall accordingly, in an electronic mode, proceed and exercise its Appellate jurisdiction as per the provisions of the Act and these rules.
(2) The provisions of sub-rule (1) shall also be applicable to Second Appeals and revisions.]
4. Issuing of acknowledgement to the applicant.–– The designated officer or any official authorized under rule 3 shall give acknowledgement to the applicant in Form-1 and in case any necessary documents have not been annexed with the application, the same shall be clearly mentioned on the acknowledgement and in such acknowledgement stipulated time limit shall not be mentioned :
Provided that if all necessary documents are annexed with the application and the application is complete in all respects, then the stipulated time limit shall be mentioned in the acknowledgement :
Provided further that in the event any service is denied or delayed, the designated officer shall communicate to the person eligible and/or applying for the service :––
(i) the reason for such denial or delay ;
(ii) the period within which an appeal against such denial be preferred ; and
(iii) the particulars, including all available contact information of the competent appellate authority under the provisions of the Act.
1. Rule 3-A inserted by S.O. 364 of 2022 dated 06.08.2022.
5. Public holidays not included in the stipulated time limit.–– In computing the stipulated time limit in providing the services, the public holidays shall not be included.
6. Display of information on the notice board. ––(1) The designated officer shall, for the convenience of general public, cause to display all relevant information related to services on the notice board installed at a conspicuous place of the office for public knowledge and also on the public domain and the necessary documents to be attached with an application for obtaining notified services shall also be displayed.
(2) In the event of non-display of such information in the public domain, the competent authority shall initiate appropriate action against the designated officer.
7. Exemption of payment of Fees.–– No fees shall be payable along with an application, appeal or revision, as the case may be.
8. Contents of application for Appeal and Revision.–– The following information shall be included in an application for appeal or revision, as the case may be, filed to the first appellate authority, second appellate authority or the revisional authority, namely:––
(i) name and address of the applicant or person filing first appeal, second appeal or revision ;
(ii) the name and address of the designated officer, first appellate authority or second appellate authority, as the case may be, against whose decision the appeal or revision is filed ;
(iii) particulars of the order against which the appeal or revision lies ;
(iv) if the appeal is against the refusal of acknowledgement of the application by the designated officer, then the date of application, refusal of information, and the name and address of the designated officer, to whom the application was presented ;
(v) the grounds for appeal or revision ;
(vi) the relief sought ; and
(vii) any other relevant information which is necessary for the disposal of appeal or revision.
9. Documents to be annexed with appeal or revision.–– The following documents shall be annexed with every application for appeal or revision, namely:––
(i) self-attested copy of the order against which the appeal or revision is made ;
(ii) the copies of the documents, if any, mentioned in the application for appeal or revision ;
(iii) the index of the documents annexed with the application for appeal or revision ; and
(iv) the proof of depositing penalty, in case of application for revision.
10. Procedure for deciding appeal or revision.–– In deciding the application for appeal or revision the appellate or revisional authority :––
(i) shall inspect the relevant documents, public documents or copies thereof ;
(ii) authorize any officer to conduct appropriate inquiry, if required ; and
(iii) may hear designated officer, first appellate authority or the second appellate authority, as the case may be.
11. Service of notice of hearing.–– The notice of hearing of application for appeal or revision shall be served in any one or more of the following manners ; namely:––
(i) by the party itself ;
(ii) by hand delivery (dasti) through process server ;
(iii) by the registered post with due acknowledgement ; or
(iv) through the department.
12. Hearing of appeal or revision. ––(1) In every case, the appellant or the person at revision shall be intimated with the date of hearing, at least seven clear days prior to such date of hearing.
(2) The appellant or the person at revision, as the case may be, may present in person in the hearing of application for appeal or revision, or may opt not to be present in the hearing.
(3) If the appellate authority or revisional authority is satisfied that the circumstances exist due to which the appellant or the person at revision is prevented to be present at the hearing, then before taking the final decision an opportunity of hearing shall be given to the appellant or the person at revision.
(4) If any party remains absent after due service of notice of the fixed date of hearing, then appeal or revision, as the case may be, shall be disposed in his absence or dismissed due to non-appearance/ non prosecution.
13. Order in appeal or revision. ––(1) The order of appeal or revision shall be pronounced in open proceedings and shall be in writing by the first appellate authority, second appellate authority or revisional authority, as the case may be.
(2) The copy of order passed in first appeal or second appeal, as the case may be, shall be given to the appellant, designated officer and first appellate authority, free of cost and ordinarily on the date of pronouncement of the order.
(3) In case of imposition of penalty, the appellate authority or the revisional authority, as the case may be, shall endorse a copy of order to the competent authority with instructions to deduct the amount from the salary/honorarium/remuneration of the designated officer/appellate authority.
(4) In the case of recommendation for the departmental enquiry against the designated officer or the appellate authority, as the case may be, the provisional authority shall send the order passed against him/her to the concerned competent authority.
(5) Where the revisional authority, after hearing the revision, amends the order of the appellate authority, then he/she shall send a copy of the order to the appellate authority and the competent authority.
14. Recovery of penalty. ––(1) On receiving the order of imposition of penalty under sub-rule (4) of rule 13, the competent authority shall direct the drawing and disbursing officer to recover the amount of penalty from the next salary of the designated officer or first appellate officer, as the case may be, and deposit it under the concerned head and send a copy of challan to the concerned appellate authority.
(2) In case any amendments are made in the order of appellate authority during revision, the concerned authority shall cause to ensure that such orders are implemented.
15. Payment of compensation.–– In the case of order of payment of compensation to the applicant under section 13, the second appellate authority shall order to make payment within thirty days :
Provided that whenever revision is filed against the order of second appellate Authority, the period of thirty days for payment of compensation shall be reckoned from the date of passing of order by the revisional authority.
16. Maintenance of record of disposed cases under the Act.–– The designated officer, first appellate authority, second appellate authority and revisional authority shall maintain the record of the cases in Forms 3, 4, 5 and 6 respectively.
17. Monitoring and inspection. ––(1) The Government may issue the 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 first appellate authority, second appellate authority, revisional authority and drawing and disbursing officers.
(2) The State Government may after every six months review services notified under the Act and may include or exclude any service, for purposes of the Act.
(3) The Government shall introduce a system for centralized monitoring of the timely delivery of notified services, including service delivery through use of Information and Communication Technologies, and for monitoring various provisions of the Act.
18. Interpretation.–– If any question of interpretation of these rules arise, the decision of the Government in General Administration Department, in consultation with Department of Law, Justice & Parliamentary Affairs shall be final.
––––––– Form 1 (See rule 4) FORM OF ACKNOWLEDGEMENT Place:
Date:
Signature of Recipient Name and Designation with seal Note:––In case of not receiving all the documents with the application, the last date of the stipulated time limit shall not be specified.
––––––– Name of the Designated Officer and Office Address.
Name and address of the applicant.
Date of receiving application in the office of designated officer.
Name of the service for which the application is given.
Particulars of the documents which are essential for receiving service, but are not enclosed with the application.
Last date of the stipulated time limit.
(1) (2) (3) (4) (5) (6) (7) ––––––– Form 2 (See rule 6) FORM OF NOTICE BOARD Name, designation and Office of the designated officer S. No. Notified service Documents to be annexed with the application Stipulated time limit for the services Designation and address of the first appellate officer Stipulated time limit for the disposal of first appellate authority Designation and address of the second appellate authority Name of the person authorized to receive application in the office of designated officer Time limit for filing first appeal Time limit for filing second appeal Within thirty days from the decision of designated officer Within sixty days from the decision of first appeal officer.
Form 3 (See rule 16) FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF DESIGNATED OFFICER 1
(1) (2) (3) (4) (5) (6) –––––– Name of the Office of the designated Officer Month Year S. No. Name and address of applicant Service for which the application is given Last date of the stipulated time limit Application allowed/ disallowed Date and details of the order passed Form 4 (See rule 16) FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF FIRST APPEALLATE AUTHOROITY –––––––
(1) (2) (3) (4) (5) (6) Name of the Office of the First Appellate Officer S. No. Name and address of appellant Date of filing first appeal Designation of the Designated Officer (Along with the name of officer) against whose decision the appeal is filed Last date of the stipulated time limit Date and detail of order in appeal Form 5 (See rule 16) FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF SECOND APPELLATE AUTHORITY –––––––
(1) (2) (3) (4) (5) (6) (7) (8) (9) Name of the Office of the Second Appellate Authority S. No. Name and address of appellant Date of filing second appeal Designation of the First Appeal Officer (Along with the name of offices) against whose decision the second appeal is filed Details of disposal of second appeal
(a) dismissal........
(b) penalty.
(c) recommendation of departmental enquiry.
(d) payment of compensation.
Date of recovery of penalty Date of payment of amount of compensation Follow up action regarding recommendations of Departmental Enquiry Details of orders of revision Form 6 (See rule 17) FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF REVISIONAL AUTHORITY
(1) (2) (3) (4) (5) (6) Name of the Office of the Revisional authority S.No. Name, designation and address of the Person in revision Details of order against which the revision is made Details of proof of depositing penalty Details of order of revision Remarks –––––––