Bare Act
The Andaman and Nicobar Islands (Right to Public Services) Regulation, 2026
Chapter I PRELIMINARY
1. Short title and commencement
- (1) This Regulation may be called the Andaman and Nicobar Islands (Right to Public Services) Regulation, 2026.
- (2) It shall come into force on such date as the Administrator may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Regulation and any reference in any such provision to the commencement of this Regulation shall be construed as a reference to the coming into force of that provision.
Chapter I PRELIMINARY
2. Definitions
In this Regulation, unless the context otherwise requires,—
- (a) “Administration” means the Administration of Union territory of Andaman and Nicobar Islands;
- (b) “Administrator” means the Administrator of the Union territory of Andaman and Nicobar Islands appointed by the President under article 239 of the Constitution;
- (c) “Appellate Authority” means the Appellate Authority constituted under sub-section (1) of section 12;
- (d) “auto-appeal” means an appeal deemed to have been registered automatically, through electronic form or such other mechanism as may be prescribed, on behalf of an eligible person, if a complaint or appeal is not disposed of within the time limit provided under this Regulation. Explanation.—For the purposes of this clause, sub-section (5) of section 6, section 7, sub-section (4) of section 9 and clause (a) of sub-section (2) of section 29, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000;
- (e) “complaint” means a complaint filed by an eligible person regarding any grievance relating to, or arising out of, any failure in rendering public service notified under section 4 or in the functioning of a public authority, but does not include a grievance relating to the service matters of a public servant, whether serving or retired;
- (f) “Designated Authority” means an officer designated by the public authority under sub-section (1) of section 9;
- (g) “Designated Officer” means an officer whose name is published under sub-section (1) of section 5 for rendering public service notified under section 4;
- (h) “eligible person” means a person who is eligible for obtaining a public service notified under section 4;
- (i) “Grievance Redressal Officer” means a Grievance Redressal Officer designated under sub-section (1) of section 6;
- (j) “member” means a person appointed as a member of the Appellate Authority under sub-section (2) of section 12 and includes the Chairman;
- (k) “notification” means a notification published in the Official Gazette and the expressions “notify” and “notified” shall be construed accordingly;
- (l) “prescribed” means prescribed by rules made by the Administrator under this Regulation;
- (m) “public authority” means any authority, body or institution established or constituted—
- (i) by or under the Constitution in the Union territory of Andaman and Nicobar Islands;
- (ii) by any law made by Parliament;
- (iii) by any Regulation applicable to the Union territory of Andaman and Nicobar Islands; or
- (iv) by any notification issued or order made by the Administrator, and includes any—
- (A) body owned, controlled or substantially financed by funds provided by the Administration;
- (B) non-governmental organisation substantially financed, directly or indirectly, by funds provided by the Administration;
- (C) organisation or body corporate in its capacity as an instrumentality of “State” as defined under article 12 of the Constitution rendering public services in the Union territory;
- (D) Government company as defined under clause (45) of section 2 of the Companies Act, 2013, which is owned or controlled by the Administration;
- (E) other company, society, trust, agency, concessionaire or other entity which supplies goods or renders services to the public in pursuance of an obligation imposed under any Central Act, Regulation, local law, licence, permission, authorisation, agreement, concession or other arrangement with the Administration; and
- (F) any private entity rendering a public service in pursuance of an agreement, memorandum of understanding, public-private partnership, concession or other arrangement with the Administration, to the extent of such public service;
- (n) “public service” means any service, to be provided or rendered by a public authority, notified under section 4;
- (o) “Union territory” means the Union territory of Andaman and Nicobar Islands.
Chapter II RIGHT TO DELIVERY OF PUBLIC SERVICES
3. Right to public service
Subject to the provisions of this Regulation and the rules made thereunder, every eligible person shall have the right to time-bound delivery of public services and redressal of grievances.
Chapter II RIGHT TO DELIVERY OF PUBLIC SERVICES
4. Notification of public services
The Administrator may, from time to time, notify public services to which this Regulation shall apply and the stipulated time limit within which such public services shall be provided.
Chapter II RIGHT TO DELIVERY OF PUBLIC SERVICES
5. Obligation of public authority
- (1) Every public authority shall, within two months from the date of notification issued under section 4, publish the names, designations, office addresses and contact details of the Designated Officers responsible for rendering public services notified therein.
- (2) Every public authority shall ensure that an application for a notified public service is assigned a unique application number so that the status of the application can be tracked in such manner, as may be prescribed.
- (3) Where an application is received physically or through an assisted mode, the public authority shall, in such manner as may be prescribed, cause the application to be entered in the electronic record and provide an acknowledgement to the applicant. Explanation.—For the purposes of this sub-section, the expression “electronic record” shall have the same meaning as assigned to it in clause (t) of sub-section (1) of section 2 of the Information Technology Act, 2000.
- (4) The applicant may provide his mobile number or e-mail address, as the case may be, for receiving electronic intimation: Provided that the non-availability of mobile number or e-mail address shall not be a ground for refusal to receive, register or process an application.
- (5) It shall be the duty of the Designated Officer to provide public service to an eligible person within the time limit specified in the notification issued under section 4, failing which it shall be generated as an auto-appeal before the Grievance Redressal Officer.
Chapter III GRIEVANCE REDRESSAL OFFICERS
6. Grievance Redressal Officers
- (1) Every public authority shall within one month from the date of coming into force of this Regulation, designate such number of officers as may be necessary as Grievance Redressal Officers in all departments, administrative units or offices in the Union territory, municipal areas, panchayats and such other offices where public services are rendered, to receive, enquire into and redress complaints from eligible persons in such manner as may be prescribed.
- (2) The Grievance Redressal Officer designated under sub-section (1) shall be an officer of the level as may be prescribed.
- (3) Every public authority shall display at its office, website, customer care centre, help desk, service centre, Jan Seva Kendra, if any, and at the office of the Grievance Redressal Officer, the name, designation, address, telephone number, e-mail address and such other means of contacting the Grievance Redressal Officer.
- (4) Every public authority shall designate such number of Grievance Redressal Officer under sub-section (1) for such areas, as it may consider necessary, for the officers to be easily accessible and available for redressal of grievances of the public.
- (5) Where a complainant is unable to make a complaint in writing or through electronic form, the Grievance Redressal Officer shall render all reasonable assistance to the person making the request to reduce the complaint in writing or to register it through the electronic form.
Chapter III GRIEVANCE REDRESSAL OFFICERS
7. Acknowledgement of complaint
The Grievance Redressal Officer shall, within three working days of receipt of a complaint or an auto-appeal, acknowledge its receipt in writing or through electronic form or text message or through such other means as may be prescribed, specifying the date, time, place, unique complaint or appeal number.
Chapter III GRIEVANCE REDRESSAL OFFICERS
8. Duties of Grievance Redressal Officer
- (1) Upon receipt of an appeal under sub-section (5) of section 5 or a complaint under section 6, it shall be the duty of the Grievance Redressal Officer concerned to ensure that—
- (a) the grievance is redressed within such time limit as may be prescribed;
- (b) the reason for the grievance is identified and it is redressed satisfactorily and the responsibility, if any, of the defaulting person is fixed;
- (c) where the grievance has occurred as a result of deficiency, negligence or malfeasance on the part of any individual, action is taken in accordance with the applicable rules; and
- (d) if the Designated Officer or any other person who is responsible for rendering public service has wilfully neglected to render the service or there exists prima facie grounds for a case under the Prevention of Corruption Act, 1988, the Grievance Redressal Officer shall make an observation to that effect and refer the matter to the appropriate authority under the said Act in writing.
- (2) The Grievance Redressal Officer shall take steps for redressal of complaint or disposal of appeal, as the case may be, received under sub-section (1) within such period as may be prescribed.
- (3) If the Grievance Redressal Officer has failed to redress the complaint or dispose the appeal within the time limit provided under clause (a) of sub-section (1), it shall be generated as an auto-appeal before the Designated Authority.
- (4) The Grievance Redressal Officer shall ensure to inform the complainant regarding the redressal of his complaint or disposal of his appeal, as the case may be.
- (5) The Grievance Redressal Officer, after the expiry of the time limit provided under clause (a) of sub-section (1), shall report every complaint or appeal which has not been redressed by him along with the details and reasons for their non-redressal, to the Designated Authority.
Chapter IV DESIGNATED AUTHORITY
9. Designated Authority
- (1) Every public authority shall designate such number of officers as Designated Authority in all its administrative units and offices as it may deem necessary, who shall hear complaints referred to it under sub-section (4) of section 8 and auto-appeal generated under sub-section (3) of section 8.
- (2) Every complaint reported by the Grievance Redressal Officer to the Designated Authority under sub-section (5) of section 8 shall be deemed to be an appeal before such authority.
- (3) Any person aggrieved by a decision of the Grievance Redressal Officer under sub-section (2) of section 8 may, within thirty days from the receipt of such decision prefer an appeal before the Designated Authority: Provided that the Designated Authority may admit the appeal after the expiry of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- (4) The receipt of an appeal under sub-section (3) shall be acknowledged by the Designated Authority, in writing or through electronic form or text message or through such other means as may be prescribed, within three working days.
- (5) Every appeal under sub-section (2) or an appeal filed under sub-section (3) shall be disposed of by the Designated Authority within the prescribed time limit, failing which, it shall be generated as an auto-appeal before the Appellate Authority.
- (6) The Designated Authority shall ensure to inform its decision to the parties concerned.
Chapter IV DESIGNATED AUTHORITY
10. Other powers of Designated Authority
- (1) Where it appears to the Designated Authority that the grievance complained of is prima facie indicative or representative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988 on the part of the officer or person complained against, it shall record in writing such evidence as may be found in support of his conclusion and shall refer the matter in writing to the appropriate authority under the said Act.
- (2) The Designated Authority shall, upon adjudication of an appeal have the power to issue directions requiring the officers concerned or persons of the public authority to take such steps as may be necessary to render the public service in compliance with the notification issued under section 4.
Chapter V APPELLATE AUTHORITY
11. Appellate Authority
- (1) Any person aggrieved by a decision of the Designated Authority may, within thirty days from the date of receipt of the order, prefer an appeal to the Appellate Authority: Provided that Appellate Authority may admit the appeal after the expiry of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
- (2) Any auto-appeal before the Appellate Authority under sub-section (5) of section 9 shall be deemed to be an appeal under this section.
- (3) The decision of the Appellate Authority under this section shall be binding.
Chapter V APPELLATE AUTHORITY
12. Constitution of Appellate Authority
- (1) The Administrator shall, by notification, constitute one or more the Appellate Authority to exercise the powers conferred upon, and perform the functions assigned to it, under this Regulation.
- (2) The Appellate Authority shall consist of three members and the senior most member shall be the Chairman of the Appellate Authority.
Chapter V APPELLATE AUTHORITY
13. Qualification for appointment as member
A person shall not be qualified for appointment as a member of the Appellate Authority unless he is, or has been, an officer holding or having held a post in the rank of, or equivalent to, Secretary, Principal Secretary, Additional Chief Secretary or Chief Secretary to the Administration.
Chapter V APPELLATE AUTHORITY
14. Terms and other conditions of service of member
- (1) A person appointed as a member of the Appellate Authority shall hold office for a term of three years from the date on which he enters upon office or until he attains the age of sixty-five years, whichever is earlier.
- (2) The salary and allowances payable to, and the other terms and conditions of service of, a member of the Appellate Authority shall be such as may be prescribed: Provided that if a member, at the time of his appointment, is in receipt of pension, other than a disability pension or family pension, in respect of any previous service under the Union Government or a State Government or a Union territory Administration, his salary in respect of service as member of the Appellate Authority shall be reduced by the amount of that pension, including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits, excluding pension equivalent of retirement gratuity: Provided further that if a member, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any Central Act, State Act or Regulation, or in a Government company owned or controlled by the Administration, his salary in respect of the service as member shall be reduced by the amount of pension equivalent to the retirement benefit:
Chapter V APPELLATE AUTHORITY
15. Provided also that neither the salary and allowances nor the other terms and conditions of service of a member of the Appellate Authority shall be varied to his disadvantage after appointment.
Resignation and removal
- (1) Any member of the Appellate Authority, may, by notice in writing under his hand addressed to the Administrator, resign his office.
- (2) Notwithstanding anything contained in sub-section (1), the Administrator may, by order, remove a member from office if he—
- (a) is adjudged an insolvent; or
- (b) has been convicted of an offence which, in the opinion of the Administrator, involves moral turpitude; or
- (c) engages, during his term of office, in any paid employment outside the duties of his office; or
- (d) is, in the opinion of the Administrator, unfit to continue in office by reason of infirmity of mind or body; or
- (e) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member:
Chapter V APPELLATE AUTHORITY
16. Provided that no member shall be removed from office under this sub-section unless he has been given a reasonable opportunity of being heard in the matter.
Powers of Appellate Authority
- (1) The Appellate Authority shall, for the purposes of its functions under this Regulation, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
- (a) summoning and enforcing the attendance of any person and examining him on oath;
- (b) discovery and production of any document or other material object producible as evidence;
- (c) receiving evidence on affidavits;
- (d) requisitioning any public record;
- (e) issuing commissions for the examination of witnesses; and
- (f) such other matters as may be prescribed.
- (2) The Appellate Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908, but shall be guided by the principles of natural justice and, subject to the other provisions of this Regulation and the rules made thereunder, shall have power to regulate its own procedure.
Chapter V APPELLATE AUTHORITY
17. Delivery of copies of decision
The Appellate Authority shall arrange to deliver copies of its decision to the parties concerned.
Chapter V APPELLATE AUTHORITY
18. Other powers of Appellate Authority
- (1) The Appellate Authority shall, upon adjudication of an appeal, have the power to issue directions requiring the public authority to take such steps as may be necessary to render the public service in compliance with the notification issued under section 4.
- (2) It shall be the duty of the Appellate Authority to receive and inquire into an appeal or complaint from any person—
- (a) who has been unable to submit an appeal to the Designated Authority;
- (b) who has been refused to redress the grievance under this Regulation;
- (c) whose complaint or appeal has not been disposed of within the specified time limit; or
- (d) in respect of any other matter relating to registering, processing, hearing or redressing of a complaint or appeal under this Regulation.
Chapter V APPELLATE AUTHORITY
19. Burden of proof
In any appeal proceeding under this Regulation, the burden of proving that the public service was not wrongfully denied or delayed, or that the grievance was duly redressed, or that the delay or rejection was due to sufficient and reasonable cause, shall lie on the Designated Officer concerned, Grievance Redressal Officer or such other officer or person of the public authority as may be responsible for such denial, delay or redressal.
Chapter V APPELLATE AUTHORITY
20. Complaint regarding corrupt practices
Where it appears to the Appellate Authority that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988 on the part of the responsible officer or person of the public authority complained against, it shall record such evidence as may be found in support of such conclusion and shall refer the matter to the appropriate authority.
Chapter VI PENALTY AND COMPENSATION
21. Penalty and compensation
- (1) The Appellate Authority or the Designated Authority may impose a penalty on the Designated Officer or Grievance Redressal Officer, for failing to discharge his duties under this Regulation without sufficient and reasonable cause.
- (2) The penalty to be imposed under sub-section (1) shall not be less than one thousand rupees but which may extend to ten thousand rupees: Provided that the Designated Officer, Grievance Redressal Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him under this section.
- (3) The penalty imposed under this section shall be recovered from the salary, remuneration, contractual payment, security deposit or any other amount payable to the person against whom the penalty has been imposed, in such manner as may be prescribed.
- (4) If the person against whom penalty has been imposed under this Regulation is employed by, or is acting on behalf of a public authority, it shall be recovered from the public authority concerned, in such manner as may be prescribed.
- (5) On imposition of penalty under sub-section (1), the Appellate Authority or the Designated Authority, as the case may be, may, by order, direct that such portion of the penalty imposed shall be awarded to the appellant or complainant as compensation as it may deem fit: Provided that the amount of compensation awarded shall not exceed the amount of penalty imposed under this section.
- (6) The penalty imposed under this section shall be in addition to, and not in derogation of, any disciplinary or administrative action which may be taken under the applicable service rules, contract, licence, concession, agreement or any other law for the time being in force.
Chapter VII MISCELLANEOUS
22. Reporting requirements
- (1) Every public authority shall ensure that every Grievance Redressal Officer and Designated Authority keeps a record of applications, complaints, auto-appeals, appeals and the decisions thereon under this Regulation.
- (2) Every public authority shall publish, in such manner and within such time as may be prescribed, a report mentioning therein—
- (a) the number of applications received for notified public services;
- (b) the number of applications disposed of within the stipulated time limit;
- (c) the number of complaints and appeals received;
- (d) the number of complaints and appeals disposed of;
- (e) the number of complaints and appeals pending;
- (f) the number of auto-appeals generated at each level;
- (g) the number of penalties imposed and compensation awarded; and
- (h) such other particulars as may be prescribed.
Chapter VII MISCELLANEOUS
23. Officers and employees of Appellate Authority
- (1) The Administration shall provide the Appellate Authority with such officers and employees as may be necessary for efficient performance of its functions under this Regulation.
- (2) The officers and employees appointed under sub-section (1) shall discharge their functions under the general superintendence of the Appellate Authority.
Chapter VII MISCELLANEOUS
24. Officers and employees of Appellate Authority to be public servants
The members, officers and employees of Appellate Authority shall be deemed to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.
Chapter VII MISCELLANEOUS
25. Enforcement of orders by Appellate Authority
Every order made by the Appellate Authority may be enforced by it in the same manner as if it were a decree or order made by a civil court in a suit pending therein and it shall be lawful for the Appellate Authority, in the event of its inability to execute such order, to send the order to the civil court within the local limits of whose jurisdiction—
- (a) in the case of a public authority not falling under clauses (b) and (c), the principal office of such public authority is situated;
- (b) in the case of an order against a public authority being a company, the registered office of the company is situated; or
- (c) in the case of an order against any other person, the place where the person concerned voluntarily resides, carries on business or personally works for gain is situated, and thereupon the court to which the order is so sent shall execute the order as if it were a decree or order sent to it for execution.
Chapter VII MISCELLANEOUS
26. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for—
- (a) anything which is in good faith done or intended to be done under this Regulation or any rule made thereunder; or
- (b) delay in rendering a public service, or inability to render such service, where such delay or inability is on account of reasonable cause beyond the control of the person responsible for delivery of the service.
Chapter VII MISCELLANEOUS
27. Provisions of this Regulation to be in addition to and not in derogation of other laws
The provisions of this Regulation are in addition to, and not in derogation of, any other law for the time being in force.
Chapter VII MISCELLANEOUS
28. Bar of jurisdiction of civil court
No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is, by or under this Regulation, required to be settled, decided, dealt with or determined by the Grievance Redressal Officer, Designated Authority or Appellate Authority.
Chapter VII MISCELLANEOUS
29. Power to make rules
- (1) The Administrator may, by notification, make rules, not inconsistent with the provisions of this Regulation, for carrying out the purposes of this Regulation.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) the other mechanism through which an appeal deemed to have been registered automatically on behalf of an eligible person, if a complaint or appeal is not disposed of within the time limit under clause (d) of section 2;
- (b) the manner of generation of unique application number and tracking of applications under sub-section (2) of section 5;
- (c) the manner in which the application to be entered in the electronic record and provide an acknowledgement to the applicant under sub-section (3) of section 5;
- (d) the manner of receipt, enquiry and redressal of complaints under sub-section (1) of section 6;
- (e) the level of officer designated as Grievance Redressal Officers under sub-section (2) of section 6;
- (f) the other means of acknowledgement of complaints and appeals under section 7;
- (g) the time limit within which grievances shall be redressed by the Grievance Redressal Officer under clause (a) of sub-section (1) of section 8;
- (h) the time period for redressal of complaint or disposal of appeal under sub-section (2) of section 8;
- (i) the other means of acknowledgement of an appeal under sub-section (4) of section 9;
- (j) the time period within which the Designated Authority shall dispose of an appeal under sub-section (5) of section 9;
- (k) the salary and allowances payable to, and other terms and conditions of service of, a member of the Appellate Authority under sub-section (2) of section 14;
- (l) the other matters for which the Appellate Authority shall have the powers of a civil court under clause (f) of sub-section (1) of section 16;
- (m) the manner of recovery of penalty under sub-section (3) of section 21;
- (n) the manner of recovery of penalty under sub-section (4) of section 21;
- (o) the manner and time period within which the public authority shall publish reports and other particulars to be mentioned therein under sub-section (2) of section 22;
- (p) any other matter which is required to be, or may be, prescribed.
- (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
Chapter VII MISCELLANEOUS
30. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Regulation as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Regulation.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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