Preliminary No. LGL 18/2012/57:

GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LEGISLATIVE DEPARTMENT LEGISLATIVE BRANCH

NOTIFICATION

The 2nd May, 2012

No. LGL 18/2012/57:- The following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published

S.1 Short title, extent and commencement:-

1. Short title, extent and commencement:- (1) This Act may be called the Assam Right to Public Services Act, 2012.

(2) It extends to the whole of Assam.

(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

S.2 Application:

2. Application:- This Act shall apply to Government Servants, but shall not apply to, .

(i) persons appointed on casual or daily rates basis:

(ii) persons employed on contract except when the contract provides otherwise;

(iii) persons whose terms and conditions of serv

S.3 Definitions:

3. Definitions:- In this Act, unless the context otherwise requires,·

(a) "Appellate Authority" means an authority including one belonging to the local self government who is notified as such under section 4, who shall be empowered to impose cost on the Government Servant defaulting or delaying the delivery of services in accordance with this Act;

4. Notification of services, Designated Public Servant, Appellate Authority, Reviewing Authority, User Charge and stipulated Time limits:- The State Government may, from time to time, notify the services including provisions for fast track service delivery ("Tatkal Sewa), Designated Public Servants, Appellate Authorities, Reviewing Authorities, User Charge, Stipulated Time limits, and the area of the State to which this Act shall apply.

S.5 Right of citizens to obtain time bound delivery of services:

5. Right of citizens to obtain time bound delivery of services:- Every eligible person shall have the right to obtain the services in accordance with this Act within the time bound period as notified under section 4.

S.6 Liability of Government Servant to deliver services within the stipulated period:-

6. Liability of Government Servant to deliver services within the stipulated period:- (1) The Designated Public Servant shall provide the notified services under section 4 to the eligible person within the stipulated time limit.

(2) The Designated Public Servant may seek the assistance of any other officer or employee connected with the delivery of that particular notified service as he may consider necessary for the proper dischar

S.7 Providing notified services within stipulated time limit:-

7. Providing notified services within stipulated time limit:- (1) The stipulated time limit shall start from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person sub-ordinate to him authorized to receive the application. Such application shall be duly acknowledged.

(2) The Designated Public Servant on receipt of an application under sub-section (1) shal

S.8 Appeal:-

8. Appeal:- (1) Any person, whose application is rejected under subsection (2) of section 7 or who has not been provided the notified service within the stipulated time limit, may file an appeal to the Appellate Authority within thirty days from the date of rejection of application or the expiry of the stipulated time limit. Filing of such appeal shall be duly acknowledged by the Appellate Authority by providing the Appellant a signed receipt of the same:

9. Penalty:- (1) (a) Where the Appellate Authority is of the opinion that the Designated Public Servant has failed to provide the notified service without sufficient and reasonable cause, he may impose a lump-sum penalty at the rate specified from time to time as prescribed In the rules framed under this Act.

(b) Where the Appellate Authority is of the opinion that the Designated Public Servant has caused delay in providing the not

S.10 Non-Compliance amounting to misconduct:-

10. Non-Compliance amounting to misconduct:- Non-compliance of the orders of the Appellate Authority, unless pending in second appeal or modified by the Reviewing Authority, or of the orders of the Reviewing Authority shall amount to misconduct and make the concerned person liable for actions under related provisions, including those that have been laid down for disciplinary action.

S.11 Bar on jurisdiction of Civil Court:-

11. Bar on jurisdiction of Civil Court:- No Civil Court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal as specified under this Act.

S.12 Power of the State Government to send the applications to Appellate Authority directly:-

12. Power of the State Government to send the applications to Appellate Authority directly:-Notwithstanding any other provisions of this Act, the State Government, if it receives an application alleging non-compliance of the provisions of this Act, may send the same directly to the Appellate Authority for taking further actions as per the provision of this Act.

S.13 Protection of action taken in good faith:-

13. Protection of action taken in good faith:- No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

S.14 Overriding effect of the Act:-

14. Overriding effect of the Act:- In relation to the notified services under this Act and its Implementation, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or In any instrument having effect by virtue of any law other than this Act.

S.15 Power to make rules:-

15. Power to make rules:- (1) The State Government may, by notification in the Official Gazette, make rules for carrying out the provisions of this Act.

(2) Every rule made under this section shall be laid as soon as may be after it is made, before the Assam Legislative Assembly while it is in the session for a total period of fourteen days which may be comprised In one session or in two successive sessions and if before the expir

S.16 Power to remove difficulties:-

16. Power to remove difficulties:- If any difficulty arises In giving effect to the provisions of this Act, the State Government may by order, not inconsistent with the provisions of this Act, remove the difficulty.