The Arunachal Pradesh Right to Public Services Act, 2016

Short title, extent and commencement.

1. (1) This Act may be called the Arunachal Pradesh Right to Public Services Act, 2016.
2. (2) It extends to the whole of the State of Arunachal Pradesh.
3. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

Definitions. In this Act, unless the context otherwise requires,—

1. (a) “Appellate Authority” means an officer, not below the rank of head of the Department or such other officer as may be notified by the State Government, to whom an appeal shall lie;
2. (b) “Designated Officer” means an officer or official as notified by the State Government under section 3 to provide the public service to an eligible person;
3. (c) “Eligible Person” means a person who is eligible for obtaining the public services notified under this Act;
4. (d) “Notification” means a notification published in the Official Gazette of the State;
5. (e) “Prescribed” means prescribed by rules made under this Act;
6. (f) “Public Service” means any service notified by the State Government under section 3;
7. (g) “Right to Public Service” means the right to obtain the public services within the stipulated time limit as notified by the State Government under section 3;
8. (h) “State Government” means the State Government of Arunachal Pradesh;
   • (i) “Stipulated time limit” means the time limit as notified under section 3 within which the Designated Officer is required to provide the public service;
9. (j) “Third Appellate Authority” means an officer or a body as notified by the State Government to whom an appeal shall lie against the order of the Second Appellate Authority.

Right to obtain public services within stipulated time limit:

1. (1) The Designated Officer shall provide the public services notified under section 4 to the person eligible to obtain the service, within the stipulated time limit.
2. (2) Every person eligible to obtain the services under this Act shall have the right to obtain the service within the stipulated time limit.

Notification of services, Designated Officer and stipulated time limit:

1. (1) The State Government may, by notification in the Official Gazette, from time to time, specify the services for the purposes of this Act, the Designated Officers to provide such services and the stipulated time limit within which such services shall be provided.
2. (2) The Designated Officer shall specify the stipulated time limit for the services notified under sub-section (1), and where such time limit is not specified, it shall be such as may be prescribed.

Providing public service within stipulated time limit Providing public service within stipulated time limit.

1. (1) The Designated Officer shall, on receipt of an application under section 3, provide the public service to the eligible person within the stipulated time limit or reject the application within the stipulated time limit.
2. (2) In case of rejection of application, the Designated Officer shall record the reasons in writing and intimate the same to the eligible person.

First Appellate Authority.

1. (1) Any person, who does not receive the public service within the stipulated time limit or whose application is rejected under section 5, may file an appeal to the First Appellate Authority within thirty days from the expiry of the stipulated time limit or from the date of receipt of the order of rejection, as the case may be.
2. (2) The First Appellate Authority may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
3. (3) The First Appellate Authority shall, after hearing the appellant and the Designated Officer, dispose of the appeal within a period of thirty days from the date of filing of the appeal.
4. (4) The First Appellate Authority may, while deciding the appeal, order the Designated Officer to provide the public service within such time as he may specify or reject the appeal.

(Second Appellate Authority)

1. (1) Any person, who has not received the services within the stipulated time limit or is aggrieved by the order of the First Appellate Authority, may file an appeal to the Second Appellate Authority within thirty days from the date of expiry of the stipulated time limit or from the date of receipt of the order of the First Appellate Authority. (2) Provided that the Second Appellate Authority may admit the appeal after the expiry of the period of thirty days if he is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.
2. (3) The Second Appellate Authority may order to the Designated Officer to provide the service within the stipulated time limit or may reject the appeal or may impose penalty under Section 9 of the Act.
3. (4) An appeal filed under sub-section
4. (1) shall be disposed of within forty-five days from the date of receipt of the appeal.

(Procedure for appeals)

1. (1) The First Appellate Authority and the Second Appellate Authority shall, while deciding an appeal, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:—
   • (a) requiring the production and inspection of documents;
   • (b) issuing summons for hearing to the Designated Officer and the appellant;
   • (c) any other matter which may be prescribed.
2. (2) The appeal shall be disposed of in a summary manner.

Penalty:

1. (1) The Appellate Authority may, if it is of the opinion that the Designated Officer has failed to provide service without any sufficient and reasonable cause, impose a penalty, which shall not be less than five thousand rupees but not more than fifty thousand rupees.
2. (2) The Appellate Authority may, if it is of the opinion that the Designated Officer has willfully and persistently failed to provide the service within the stipulated time, impose a penalty, which may extend up to fifty thousand rupees.
3. (3) The Appellate Authority may, if it is of the opinion that the Designated Officer has failed to submit the application as per the provisions of the Act or denied to receive application or has not provided information without sufficient and reasonable cause, impose a penalty a penalty [sic] on the Designated Officer which shall not be less than five thousand rupees but not more than fifty thousand rupees.
4. (4) The Appellate Authority may, if it is of the opinion that the Designated Officer has caused delay in providing the service, impose a penalty at the rate of rupees two hundred and fifty per day for the period of delay, which shall not exceed fifty thousand rupees.
5. (5) The Appellate Authority while imposing the penalty under sub-sections (1), (2),
6. (3) and
7. (4) shall give a reasonable opportunity of being heard to the Designated Officer.
8. (6) The Appellate Authority may order to compensate the applicant for any loss or damage suffered by him, which shall be recovered from the Designated Officer, provided that the amount of such compensation shall not exceed the amount of penalty imposed under this section.
9. (7) If any Designated Officer who is aggrieved by the order of the Appellate Authority, may file an appeal before the State Commission within thirty days from the date of the order.

Compensation

1. (a) The Appellate Authority may, while deciding an appeal, order to provide compensation to the appellant, which shall be paid by the Designated Officer or the person responsible for causing the delay or deficiency in service:
2. (b) The compensation awarded under sub-section
3. (a) shall be paid by the Designated Officer or the person responsible, as the case may be, from his own pocket.
4. (c) The amount of compensation awarded under this section shall be such as may be determined by the Appellate Authority, which shall not exceed the amount as may be prescribed: Provided that the Appellate Authority shall, before passing an order under this section, give a reasonable opportunity of being heard to the Designated Officer or the person concerned, as the case may be.

("Power of First Appellate Authority and Second Appellate Authority")

1. (1) The First Appellate Authority and the Second Appellate Authority, while deciding an appeal, shall have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—
   • (a) discovery and production of documents;
   • (b) summoning and enforcing the attendance of persons and compelling them to give oral or written evidence on oath;
   • (c) requisitioning any public record or copy thereof from any court or office;
   • (d) receiving evidence on affidavit;
   • (e) issuing summons for examination of witnesses or documents;
   • (f) any other matter which may be prescribed.

("Bar of jurisdiction of Civil Courts") No Civil Court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the First Appellate Authority or the Second Appellate Authority is empowered by or under this Act to determine.

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 in pursuance of this Act or any rule made thereunder.

Power to make rules. -

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislative Assembly, while it is in session, for a total period of fourteen 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, the State Legislative Assembly agrees in making any modification in the rule or the State Legislative Assembly agrees 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 any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties

1. (1) If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulty.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislative Assembly.

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