Assam Right to Public Services Act, 2012
No: 9 Dated: May, 02 2012
THE ASSAM RIGHT TO PUBLIC SERVICES ACT, 2012
ASSAM ACT NO. IX OF 2012
An Act to provide for the delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto.
Preamble:- Whereas it is expedient to provide for the delivery of notified public services to the people of the State of Assam within the, stipulated time limit and for matter concerned therewith or in incidental thereto;
It is hereby enacted in the Sixty-third Year of the Republic of India as follows:
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.
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 services are expressly provided in the Constitution.
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;
(b) "application" means a written request by an eligible person to provide notified services under this Act;
(ba) "Chief Commissioner" or the "Commissioner" means the Chief Commissioner of the Assam State Commission for Right to Public Services or the Commissioner, Assam State Commission for Right to Public Services, as the case may be, appointed under sub-section (3) of section 8A;
(bb) "Commission" means the Assam State Commission for Right to Public Services constituted under sub-section (1) of section 8A;
(bc) "Competent Authority" means the Disciplinary Authority or the Controlling Officer of the Designated Public Servant;
(c) "Designated Public Servant" means an authority including one belonging to the local self government and organizations, fully or partially funded by the State Government, notified as such for providing the service under section 4;
(d) "eligible person" means a citizen who is eligible for obtaining the notified service;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "Public Authority" means-
(i) any Department or authority of the State Government;
(ii) any organization or authority or body or corporation or institution or a local authority, established or constituted,-
(a) by or under the Constitution of India in the State, or
(b) by any other law made by the State Legislature, or
(c) by notification issued by the State Government
(iii) and shall also include,-
(a) an institution, a cooperative society, a Government Company or an authority owned, controlled or financed by the State Government; or
(b) any non-Governmental organization receiving financial assistance from the State Government;
(g) "Government Servant" means a person appointed substantively to any civil service or post in connection with the affairs of the State Government including person working on deputation basis; and person appointed in a local body which is owned controlled or substantially financed by the State Government;
(h) "Right to Public Service" means right to obtain the notified service under this Act from time to time within the stipulated time limit as described under section 5;
(i) "notified service" means any service notified by the State Government under section 4;
(j) "State Government" means the Government of Assam;
(k) "stipulated time limit" means maximum time to provide the service by the Designated Public Servant or to decide the appeal by the Appellate Authority as notified under section 4 ;
(l) "notification" means a notification published in the Official Gazette;
(m) "rules" means rules made by the State Government under this Act;
(n) "Year" means the calendar year commencing on the 1st day of January of the Year and ending on the 31st day of December.
4. Notification of services, Designated Public Servant, Appellate Authority, User Charges and stipulated time limit:- (1) The State Government shall notify the public services rendered by it including provisions for fast track service delivery, along with user charges and stipulated time limit.
(2) Public Authority shall appoint Designated Public Servants in the administrative units/offices under it, as may be necessary to provide notified services to the persons requesting for the services notified under this Act.
(3) Public Authority shall also notify an officer superior in rank than that of the Designated Public Servant to act as Appellate Authority to hear and decide the appeal filed by an eligible person against rejection of his application or delay in providing notified Public Services within the stipulated time limit.
(4) The State Government shall endeavor and encourage the Public Authorities, to deliver notified Public Services electronically within the stipulated time limit.