~~(1Tl ~G1'<~.L~.~-tnf, 01CfC~x 20 2011 -.11Z(1.11 ADMINISTRATIVE REFORMS & COORDINAT 0 DEPARTMENT (GROUP-I) NOTIFICATION Jaipur, October- 20, 2011.
G.S.R. 84.-ln exercise of the powers conferred by subsecti on (L) of secti on 10 of the Raj asthan Guaranteed Delivery of Public Services Act, 2011 (Act No. 23 of 201 i), the State Government hereby makes the following rules, namelyft. Shor-t title and commencement.v (1) These rules may be called the Rajasthan Guaranteed Delivery of Public Services Rules, 20 II.
(2) They shall come into force on and from 14th November,
2011.
2. Definitions.- .(I) 111 these rules unless the context otherwise requires.>
(a) "Act" lnean.s the Rajasthan Guaranteed Delivery of Public Services Act, 2011 (Act No. 23 of 20 11t
(b) "Form" means the Form appended to these rules; and
(c) "Section" means the section of the Act:
(2) ~r~~words and expression used in these rules but not .
defined shall have the same meaning as assigned to them in the , Act.
3. Aurhor-lsation "by designated officer for receiving the . application.-The designated officer may, by order, authorise any of his sub':'ordinate' officer or employee to receive the applications and to issue the acknowledgement thereof.
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4. Jssujng of acknowledgement to applicant.- The person authorised under' rule 3· shall give acknowledgement to the applicant in Ferm-I and if necessary documents have not been annexed .with the application, then it shall be clearly mentioned in 25 26 / , •• 117(12) xl"1~ XT\J1-~, ~~ 20, 2011' 1-WT 4 (Tf) acknowledgement and in such acknowledgement the stipulated limit shan not be mentioned:
Provided that if. the necessary documents are annexed with application then the last date of the stipulated time Ilmit 'shall be mentioned in the acknowledgement.
. 5. Denial or delay in providing seryice.- The service shall be provided in stipulated time limit and in the event service is denied or delayed, the designated officer shall communicate to the appl icant: - . .
(i) the reasons for such denial or delay;
(ii) the period with hi which an appeal against such denial or delay maybepreferred; and
(iii)the particulars, including all available contact.
information of the relevant Appellate Authority.
6. Computation of stipulated rime limit.- While computing the stipulated time Iimit tor providing services, the public holiday shall not be counted.
7. Display of information on. the notice board.- The designated officer shall, for the co~yenience of common public;
cause to display all relevant information related to services on the notice board in. Form-Z, the notice board shall be installed at a conspicuous place of the office. All the necessary documents that are required to be enclosed with the application for obtaining the notified services shall also be displayed on the notice board.
8. Exempfion of fee.- No fee shall be payable along with memo of first appeal or second appeal and revision application.
9. Contents of mem~ of first appeal or second appeal and revision ·application.- Every memo of first appeal or second appeal and revision application. shall' specify the. following information, -
(i) name and address of the appellant or .applicant at revision, as the case may be;
(ii) name and address of the designated officer, officer or employee treated as designated officer' under the provision of sub-section (3) of section 4 of the" Act, '+1JTf4 @L .xlG!~~lj ~-~, 31Cf~_?O 2011 117(13) first appeal officer or second appellate authority, as the ca~e be, against whose order appeal or revision filed;
(Hi) particulars of the order against which the appeal or revision preferred;
(iv) if the appeal is against the refusal of acknowledgement of the application bythe designated officer, then the date of application 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.
10. Documents to be enclosed with first. appeal, second appeal or revision.- The following documents shall be enclosed with memo of appeal or revisionapplication, namely:«
(i) self-attested copy of the order against which the appeal .or revision is preferred;
(ii) the copies of the documents mentioned in the memo of. .
appeal or revision application; and
(iii) the index of the documents enclosed with the memo of appeal or revision application.
11. Procedure for deciding first appeal, second appeal or revision> While deciding the first appeal, .second appeal or reVISIon~
(i) the relevant documents," public documents or copies thereof shall be. inspected;, . . . . '"
(ii) any officer may be authorised for appropriate inquiry;
if required; and (Hi) designated officer or first appeal officer, as the case may be, [nay be heard in revision.
27 117(14) ~ Xf\Jl~, 31<R;GR20, .20.11 .,- ,.~~,--------- -- ..-.~<:;",., .-----
12. Service of notice of hear-irig ,- The notice of hearing of first appeal, second appeal or revi sion, as fr;e case maytbe, shall be served in any of the' following manner.v
(i) by the party 01- person' himself;
(ii) through process server;
(iii) by the registered post with due acknowledgement:
or
(iv) through the department concerned.
13~ Personal appear-ance> (1) In first appeal, second appeal or revision the appellant or applicant at revision, as the case may be, shall be intimated with the date of hearing, at least seven, clear days prior to such date of hearing.
(2) The appellant or applicant at revision, as. the case 111ay.
be, may present in person in the hearing of appeal Or revision, or may opt not to present in the hearing.
(3) If it is satisfied that the circumstances exist due to which the appellant or applicant at revision is prevented to be present at the hearing, then before taking. the 'final decision one opportunity of hearing shall be given to the appellant or applicant at revision or any other appropriate action 111aybe taken which deems fit.
(4) If any party remains absent after due service of notice of the fixed date of hearing, then the appeal or revision application, as the case may be, shall be disposed in his absence or dismissed due to non-appearance.
14. Order in an appeal or revlsion> (J) The order of•appeal or revision shall be pronounced in open proceedings and shall be in writing by the first appeal officer, second appellate authority or revising officer. as the case may be.
(2) The copy of first appeal order shall be given to the appellant and designated officer.
(3) The copy of second appeal order shall be gi yen to the appellant, designated officer andftrst appeal officer.
I. , 28 ~ 4 ~ __ ~~~1Fl xl\.1i-~?1 GFf~(Sjx 20_201J .- 117 15)
(4) In case of imposing penalty, the second appellate. , authority shall endorse a copy of order to the concerned-
(a) Drawing and Disbursing Officer, with the direction to recover the amount of penalty from next salary of the designated officer or first appeal- officer, as the case may be; and
(b) Treasury Officer. ' I
(5) In case where the second appellate authority recommend for the departmental enquiry against the designating officer or first appeal officer, as the case 111aybe, he shall send the copy of order passed by hiITI for necessary disciplinary action to the disciplinary authority concerned.
(6) Where in a revision, the order of second appellate authority is revised or modified, the revising .officer shall send copy of the said order to the second 'appellate authority and the officers specified in sub-rule(4) and (5).
15. Recovery of penalty.- (I) On receiving the order of imposition of penalty under sub-rule (4) of rule 14, the Drawing and Disbursing Officer shall recover the amount of penalty from .the next salary of the designated officer or first appellate officer, as the case may be, and deposit the same in the government account. .
and send a copy of challan to the second appellate authority concerned.
(2) If in revision any order passed by the second appellate authority is revised or modified the copy of such order shall be sent to the Drawi~lg and Disbursing Officer and Treasury Officer concerned for compliance.
16. Payment -of compensation> (1) In case of order of payment ofcompensation to the applicant under sub-section (3) of I section 7, the second appellate authority "shall order to make payment within thirty days,
(2) Any amendment in the amount of penalty in revision, shall not affect the payment of amount of compensation, .'
29 117(:16L ''{rvT~ Xl\Yf- Lf5f/ 31cf~ 20 2011 1-Wf 4 (:]]
17. Maintenance of record ....The designated officer, first appeal officer, second appellate authority and revising officer shall maintain the record of the. cases in Form-S, Form-4, Fonn-5 and FOr1l1-6.
18. Monitoring of implenlentation.- The State Government may introduce a system for centralized monitoring ·of., . the tirnely delivery of notified services, including .service delivery through use of Information and Communication Technologies, and for monitoring various provi sions of this Act.
19. Dir-ectton by the State G-overnment.- The State Government may issue directions, from time to time, for effective irnpf ementation of the provisions of the Act, superintendence of the cases, filed 'under the Act ~nd for the inspection of the offices of the first appeal officer, second appellate authority, revising officer and Drawing and Disbursing Officer.
20. Dissemination and training.- The State Government 111ay,to the extent of availability of financial and other resources-
(i) develop and organize campaigns and programmes to advance the understanding of the public, in particular of the disadvantagedcomnlunities, as to how to exercise the rights contemplated under the Act;
(ii) encourage public authorities to participate in the development and organization of programmes referred to In clause (i) above and to undertake such programmes themselves;
I' .•
(iii) promote timelyand effective dissemination of accurate.
information by public authorities about the, notified services and tirnel ines and the.· processes for applications;
(iv) train the designated officer, first appealofficer, second appellate authority and revising officer, as the case may be, of their duties under the Act;
(v) compile a guide containing such information, in an easily cornprehensible form and manner, as may .
30 , , ~ L@)_"~IU1 '<~ I~ ~-"q?J, 3.JCfC~ '< .?O~O'LL_"_ _ ,lJrrlli reasonably be required by a person who wishes to exercise any right specified under the Act: and
(vi) update and publish guidelines referred to in clause " (v) above at re~ular intervals which shall, in particular and ' .
without prejudice to the generality of the clause (v'):
above, 'include:
(a) the objects of the Act;
(b) the manner and the form in which "request for the services shall be Blade to the designated officer or file appeal to the appellate authorities; ' n
(c) any additional regulations or circulars made or issued in relation to obtain the services III accordance with the Act.
For-m - 1 (See rule 4) FORM OF AC'KNOWLEDGEMENT Name of the designated officer: "" .
.Office Address .
1. Name and address of the applicant ., .
2. Date of receiving" application in the office of designated officer; : .
3.' Name of the service for which the application is given
4. Particulars of the documents which are' essential tor receiving service but are not enclosed with the application ............................................................................................. - .
••.•••••••••••••••••••.•••• •.••••••••• ••• •••••••••.•••••••••••••••• •.•••. •.•••• •.••• •.•••• •.•.•.•••.• ••.•. ••.•.•• • 1._ ••.•••••..
5. 'Last date of the stipulated time limit .
Place: c •••••••••••••••••••••• Date: ' .
Signature of Recipient Name and Designation with seal Note: In case all the required documents are not enclosed with the .
" 31' . Application, the last date mentioned in point 5 above shall not be given.
Forlu-2 '(See rule 7) FORM OF NOTICE BOARD Name of the designated officer: .
Office Address '" .
S. Notified Documents Stipulated Designation Stipulated Designation No. services to be time limits and address time limit and address enclosed . for of the first for the of the with the providing appeal disposal second application the services officer of first appellate appeal authority.
I 2 3 4 5 6 7 ,
1. Name of the person' authori sed to receive application in the office of the designated Officer: '" .. , .
2. Time limit for tiling first appeql: Within thirty days from the date of order passed by the designated officer.
3. Time limit for filing second appeal: Within sixty days from the date of order passed by the first appeaJ officer.
Note: Please obtain acknowledgement of your application compulsorily, 32 Form-3 , (See rule 17) FORM OF REGlSTER ,TO BE MAINTAINED IN THE OFFICE OF DESI'GNA TED O'FFICER Name of the office of the designated Officer: , .
Month 'year '..
S. Name and Service for Last date of Application· Date and \ [No address of which the the allowed! details ofapplicant 'application is stipulated disallowed the order grven . time limit' passed 1 2 3 4 5 6 Form-4 (See rule 17) FORM OF REGIS1;'ER TO BE l\tlAINTAINED IN THE OFFICE OF FmSTAPPEAL OFFICER Name of theoffice of the first appeal, officer: ~..
S. Name and Date of Designation of the Last date of Date and No address of 1H~g first designated officer the detail of appellant appeal (along with the stipulated order in name of office) time Iimi t fOI appeal against the order ot disposal of ", whom the appeal is first appeal , . filed 1 2 3 4 5 6 " ~ .
" 33 1 5 117(20)"!1G1'{~ "'!TGi"-"tf?f, 31~x 20, 2011 'BTlT 4 (rr) Form-5 (See rule 17) , FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF, SECOND APPELLATE AUTHORITY Name of the office of the second appellate authority: . "''' ...................
S. Name Date. Desig- Details of 'Date of Date of Follow Date No ' and of " nation of disposal of'recovery payment up action of address filing the rust second -appeal of of regarding order of second appeal' (ai dismissal; penalty amount recomme of appellant appeal officer (b) penalty; , ,of comp- ndations rvei- (along Kc)recomm- ensation of sion with the elldation 01 Departname of departmental mental designate .enquiry~ and Enquiry d officer) I,d) payment of compensation 1 2 3 4 5 6 7 8 9 FORM-6 (See rule 17) FORM OF REGISTER TO BE MAINTAINED IN THE OFFICE OF REVISIING OFFICER Name and address of the office of the Revisin Officer: , 2 3 Details of Remarks order of revision 4 S. Name designation and Details of order o. address of the againstwhich the a licant at revision revision is made [No. 13 (1)AR&C/Gr.112008.)
By order of the Governor, m. 3TR. 1ft. ~, Principal Secretary to the Government.
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'- '.1'", ', Government Central Press, .Jaipur.
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