Delhi (Right of Citizen To Time Bound Delivery Of Services) Act, 2011
No: 7 Dated: Apr, 28 2011
Delhi (Right of Citizen To Time Bound Delivery Of Services) Act, 2011
Delhi Act 7 of 2011
An Act to provide for the delivery of services to the citizens in the National Capital Territory of Delhi within the stipulated time limit, including liabilities of the government servants, in case of default and for matters connected therewith or incidental thereto.
BE it enacted by the Legislative Assembly of the National Capital Territory of Delhi in the Sixty-second Year of the Republic of India as follows :-
CHAPTER I
Preliminary
1. Short title, extent commencement and application.- (1) This Act may be called the Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011,
(2) It extends to the whole of National Capital Territory of Delhi.
(3) It shall come into force on such date as the Government may, by notification, appoint
(4) This Act shall apply to government servants appointed substantively to any civil services or posts in connection with the affairs of the Government of National Capital Territory of Delhi and to the servants of local bodies and authorities which are owned, controlled or substantially financed by that Government, 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 regulated by or under the provisions of the Constitution.
2. Definitions.- In this Act, unless the context otherwise requires, -
(a) "Appellate Authority" means an officer appointed by the Government or local body, as the case may be, by notification, invested with the power to hear appeals against the orders passed by any competent officer under this Act;
(b) "citizen related services" include the services as specified in the Schedule;
(c) "competent officer" means an officer appointed by the Government or local body, under section 9 of this Act, by notification, who shall be empowered to impose cost on the government servant defaulting or delaying the delivery of services in accordance with this Act;
(d) "Delhi" means the National Capital Territory of Delhi;
(e) "department" means a department of the Government or department of a local body, as the case may be;
(f) "Government" means the Lieutenant Governor of the National Capital Territory of Delhi appointed by the President under article 239 and designated as such under article 239 AA of the Constitution;
(g) "government servant" means a person appointed substantively to any civil service or post in connection with the affairs of the Government including, person working on deputation basis; and person appointed in a local body which is owned, controlled or substantially financed by that Government;
(h) "local body" includes any public authority, municipality, Delhi Cantonment Board, Delhi Jal Board, Town Planning Authority, Delhi Development Authority or any other body or authority, by whatever name called, for the time being invested by law to render essential services of public utility within the territory of Delhi or to control, manage or regulate such services within a specified local area thereof;
(i) "notification" means a notification published in the official Gazette;
(j) "public authority" means any authority or body or institution of self governance established or constituted:
(i) by or under the Constitution;
(ii) by any other law made by Parliament;
(iii) by any law made by the Legislature of a State or Union territory;
(iv) by a notification issued or order made by the Government; and includes
(a) a body owned,controlled or substantially financed by the Government;
(b) a non-government organization substantially financed, directly or indirectly, by the funds provided by the Government; and
(c) an organization or body corporate in its capacity as an instrumentality of ‘State’ as defined under article 12 of the Constitution and rendering services of public utility in Delhi;
(k) "rule" means a rule made by the Government under this Act, by notification;
(l) "Schedule" means the Schedule appended to this Act;
(m) "year" means a calendar year commencing on the 1st day of January and ending on the 31st day of December.
CHAPTER II
Citizen’s Right To Time Bound Delivery Of Services, And Procedure Governing Fixing Of Liability In Case Of Default, Etc.
3. Right of citizen to obtain time bound delivery of services.- Every citizen shall have the right to obtain the citizen related services in Delhi in accordance with this Act within the time bound period as stipulated in the Schedule:
Provided that the Government shall be entitled to amend and revise the Schedule from time to time by notification.
4. Liability of government servant to deliver services within the stipulated period.- Every government servant shall be duty bound to deliver citizen related services as specified in the Schedule within the time period as stipulated in the Schedule.
5. Monitoring the status of the application.- (1) Every citizen having applied for any citizen related services shall be provided an application number by the concerned department, or local body, as the case may be, and shall be entitled to obtain and monitor status of his application online in accordance with such procedure as may be prescribed.
(2) The department or local body, as the case may be, shall maintain status of all applications governing citizen related services online and shall be duty bound to update the status of the same as per the procedure as prescribed by rules in this regard.
6. E-governance of services through mutual understanding.- The government shall endeavour and encourage all the departments, local bodies and authorities of the government to enter by mutual understanding to deliver their respective citizen related services in a stipulated time period as part of e-governance.
7. Liability to pay cost.- Every government servant who fails to deliver the citizen related services to a citizen within the stipulated time as stipulated in the Schedule, shall be liable to pay cost at the rate of ten rupees per day for the period of delay subject to maximum of two hundred rupees per application, in aggregate, which shall be payable by him to the citizen as compensatory cost.
8. Payment of compensatory cost to the citizen.- At the time of delivery of citizen related services, the citizen having applied for such services shall be entitled to seek compensatory cost in accordance with the provisions of this Act and the rules made thereunder, in case of delay in the delivery of such services, beyond the period prescribed in the Schedule.
9. Appointment of competent officer.- (1) The Government and in the case of a local body, the local body concerned, shall appoint, by notification, an officer not below the rank of Deputy Secretary or its equivalent rank in the case of local body to act as competent officer empowered to impose cost against the government servant defaulting or delaying the delivery of services in accordance with this Act.
(2) The Government or the local body concerned, as the case may be, shall for the purpose of payment of cost, confer on the competent officer the powers of drawing and disbursement officer in accordance with the law, procedure and rules as applicable.
(3) On such demand of compensatory cost by the citizen, at the time of delivery of citizen related services, it shall be the duty of the competent officer to pay such cost to the citizen against acknowledgement and receipt as per the format as prescribed in the rules.