West Bengal Right to Public Services Act, 2013
No: 17 Dated: Sep, 27 2013
THE WEST BENGAL RIGHT TO PUBLIC SERVICES ACT, 2013
West Bengal Act XVII of 2013
An Act to provide for the delivery of public services to the people of the State within the stipulated time limit and for matters connected therewith and incidental thereto.
Whereas it is considered necessary and expedient to enact a legislation to provide for the delivery of public services to the people of the State within the stipulated time limit and for matters connected therewith and incidental thereto;
It is hereby enacted in the Sixty-fourth Year of the Republic of India, by the Legislature of West Bengal, as follows:-
1. Short title, extent and commencement. - (1) This Act may be called the West Bengal Right to Public Services Act, 2013.
(2) It extends to whole of the State of West Bengal.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different sections.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Appellate Officer" means an officer appointed or designated by notification by the State Government as Appellate Officer under section 3 of this Act;
(b)"Commission" means a Commission constituted by the State Government for the purposes of this Act;
(c) "Competent Officer" means an officer appointed or designated by notification by the State Government;
(d) "Designated Officer" means an officer appointed or designated by notification by the State Government as Designated Officer under section 3 of this Act;
(e) "eligible person" means a person who is eligible for services notified by the State Government;
(f) "notification" means a notification published in the Official Gazette;
(g) "prescribed" means prescribed by the rules made under this Act;
(h) "Public Authority" means any authority or body or institution of self-government established or constituted
(i) by or under the Constitution;
(ii) by any other law made by the State Legislature;
(iii) by notification issued or order made by the State Government, and includes any-
(A) body owned, controlled or substantially financed by the State Government;
(B) non-government organisation substantially financed, directly or indirectly by funds provided by the State Government.
(i) "Reviewing Officer" means an officer appointed or designated by notification by the State Government as Reviewing Officer under section 3 of this Act;
(j) "right to service" means right to obtain the service within the stipulated time limit as specified in section 4 of this Act;
(k) "service" means any service notified by the State Government under section 3 of this Act;
(l) "State Government" means the Government of West Bengal;
(m) "stipulated time limit" means maximum time to provide the service by the Designated Officer or to decide the appeal by the Appellate Officer as notified under section 3.
3. Right to obtain Public Services. - (1) Every eligible person shall have the right to obtain Public Services in accordance with the provisions of this Act.
(2) The State Government may from time to time, specify the Public Authority, services to be rendered, Designated Officer, Appellate Officer, Reviewing Officer and stipulated time limit for service by notification in the Official Gazette for the purposes of this Act.
4. Right to obtain service within stipulated time limit. - The Designated Officer shall provide the service notified under section 3 of this Act to the eligible person to obtain the service, within the stipulated time limit.
5. Providing service in stipulated time limit. - (1) Stipulated time limit shall commence from the date when required application for notified service is submitted to the Designated Officer or to a person subordinate to him authorized to receive the application. Such application shall be duly acknowledged through digital/electronic means or otherwise.
(2) The Designated Officer on receipt of an application under sub-section (1) shall within the stipulated time limit either provide service or reject the application and in case of rejection of application, shall record the reasons for not providing service in writing and intimate to the applicant.