Bare Act
The Chhattisgarh Lok Sewa Guarantee Act, 2011
1. Short title, extent, commencement and application
(1) This Act may be called the Chhattisgarh Lok Sewa Guarantee Act, 2011. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (4) This Act shall apply to all services notified in connection with the affairs of the Government of Chhattisgarh, local bodies, public authorities or agencies which are owned, controlled or substantially financed by the Government. (1) These rules may be called the Chhattisgarh Lok Sewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011. (2) They shall come into force from the date of its publication in the Official Gazette.
2. Definitions
(a) "Designated Officer" means an officer as notified under Section 3 to provide the public service; (b) "Appellate Authority" means an officer not below the rank of Designated Officer as notified under Section 7; (c) "Eligible person" means a person who is eligible for obtaining public services; (d) "Public Service" means any service as notified by the State Government under Section 3; (e) "Stipulated time limit" means the time limit as notified under Section 3 for providing the public service; (f) "Right to Service" means the right to obtain the notified public services within the stipulated time limit under this Act; (g) "Service" means the services provided by the State Government. In this Act, unless the context otherwise requires,— (a) "Appellate Authority" means an officer notified by the Government, local body, public authorities or agencies, as the case may be, and invested with the power to hear appeals against the orders passed by any Competent Officer under this Act; (b) "Competent Officer" means an officer so notified by the Government, local body, public authority or agency as the case may be, under section 5, of this Act, and empowered to impose cost for default or delay caused by the person responsible for delivery of Lok Sewa; (c) "Department" means a department of the Government or a section, division, branch office or constituent unit, or by whatever name called, of a local body, public authority or agency as the case may be; (d) "Government" means the Government of Chhattisgarh; (e) "Local body" means and includes any authority, municipality, panchayat or any other body, by whatever name called, for the time being invested by law to render Lok Sewa within the State of Chhattisgarh or to control, manage or regulate such services within a specified local area thereof; (f) "Lok Sewa" means and includes citizen related public service, notified under section 3; (g) "Notification" and "Notified", where the context so requires, means and relate to a notification published in the official Gazette; (h) "Prescribed" means prescribed by the rules made under this Act; (i) "Public authority" means any authority or body or institution of self governance established or constituted by any law made by the Legislature of the State of Chhattisgarh or constituted by a notification issued or order made by the Government; and includes:-(one) a body owned, controlled or substantially financed by the Government; (two) a non-government organisation substantially financed, directly or indirectly, by the funds provided by the Government; and (three) an organization or body corporate in its capacity as an instrumentality of State as defined under article 12 of the Constitution and rendering Lok Sewa in the State of Chhattisgarh. (j) "Rule" means a rule made by the Government under this Act, and notified as such; (k) "Stipulated time" means the maximum time, notified under Section 3 of this Act, to provide Lok Sewa or to decide the appeal by the appellate authority. (1) In these rules, unless the context otherwise requires,- (a) "Act" means, the Chhattisgarh Lok Sewa Guarantee Act, 2011 (No. 23 of 2011); (b) "Appellate Authority" means, an officer empowered in Section 2(i) of the Act who can hear appeals against the orders passed by the Competent Officer; (c) "Competent Officer" means, an officer empowered to impose cost for default or delay caused by the person responsible for delivery of Lok Sewa as mentioned in Section 2(b) of the Act; (d) "Cost" means, cost as imposed for payment by the Competent Authority on a person responsible for delivering Lok Sewa for the services specified in Section 4(4) of the Act. (e) "Department" means, a Department of the Government or a section, division, branch, office or constituent unit, or by whatever name called, of a local body, public authority or agency, as the case may be, as mentioned in Section 2(c) of the Act; (f) "Designated Officer" means, an officer responsible for delivering Lok Sewa as mentioned in Section 4(1) of the Act; (g) "Form" means, form attached to these rules made under the Act; (h) "Government" means, the Government of Chhattisgarh as mentioned in section 2(d) of the Act; (i) "Local body" means, any Authority, Municipal Corporation, Municipality, Panchayat or any Other Body, as mentioned in Section 2(e) of the Act; (j) "Lok Sewa" means, Services mentioned in Section 2(f) of the Act; (k) "Notification" and "Notified" means a notification published in the Official Gazette under Section 2(g) of the Act; (l) "Prescribed" means, prescribed by these rules; (m) "Public Authority" means, an authority or body or an autonomous body mentioned in Section 2(i) of the Act; (n) "Rule" means, the Chhattisgarh Lok Sewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011; (o) "Schedule" means, issuing of Schedule under these rules related to notified civilians in public services under Section 3(1) of the Act; (p) "Stipulated time" means, the specified time to provide Lok Sewa or to decide the appeal by the Appellate Authority notified under these rules; (2) The words and expression used in these rules which are not defined, shall have the same meaning as assigned to them in the Act. (1) (n) "Government" means, the Government of Chhattisgarh as mentioned iri section 2(d) of the Act; (i) "Local body" meaps, Authorif;y, Muni,:ipal Conx>ration, Municipijlity, Panchayat or ~Y Other Body, ~ m~:nijQneq ip. S~Ftion 2{e) ctf the Act, (j) "Lok Sewa" mea.ns, Services mentioned in Section '2(f) of the Act; (k) "Nofification" aJ.1d "Notif'aed" means a notifica,tion published in the Offic1al Gazette under. Section 2(g) of the Act; (l) "Pre:,cribed" means, prescribed by these rules; (m) "Public Authorit:y" means, an authority or body or an autonomous body mentioned in Section 2(i) of the Act; (n) "Rufo" means, the Chhattisgarh Lok Sewa Guarantee (A vedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011; (o) "Sch1edule" means, issuing of ScheduJe under these rules related to notifi ed civilians in public services under Section 3( 1 ) of the Act; (p) "Stip,ulated time" rn.eans, the specified time to provide Lok Sewa or to decic'le the appeal by 1he Appellate Authority notified ,under these rules; (2) The words and express ion used in these rules which ar,e not defined, shall have the :wne meaning as assigned to them in the Act.
3. Right to obtain Lok Sewa in stipulated time
The State Government may, from time to time, by notification, notify the public services, the Designated Officers, the Appellate Authorities and the stipulated time limits for the purposes of this Act. (1) Every person shall have the right to obtain Lok Sewa in the State of Chhattisgarh, within the stipulated time as notified from time to time by the State Government, in accordance with the provisions of this Act. (2) Every applicant who fails to obtain Lok Sewa within the stipulated time, shall be entitled to receive the cost as provided under sub-section (4) of Section 4, in respect of his application, in the manner as may be prescribed. Each department shall designate a responsible officer, for delivering Lok Sewa in prescribed time under Section 4(1), and the designated officer shall be responsible for necessary action on each application and providing Lok Sewa to the applicant in stipulated time as mentioned in the Schedule. Each departmen1, .shall designate a respons:,ble officer, for ,delivering Lok Sewa in presc:ri\,ed time under St:ctio11, 4(1 ), and the des ignated officer shall be responsible for necessary action on each applicatic ,n and providing Lok Sewa to the applicant in stipulated time as mentiont~ in the Schedule.
4. Liability to deliver Lok Sewa in stipulated time, imposition, recovery and payment of cost
(1) The Designated Officer shall provide the service notified under Section 3 within the stipulated time limit. (2) If the Designated Officer fails to provide the service or is of the view that the service cannot be provided, he shall inform the applicant in writing. (3) The Appellate Authority may impose a penalty on the Designated Officer for failure to provide service without sufficient cause. (4) The amount of penalty imposed shall be recoverable from the Designated Officer and may be awarded as compensation to the applicant. (1) Every department shall designate the person(s) responsible for delivering Lok Sewa from the date of commencement of this Act, and the post or posts of such designation shall be displayed in some conspicuous part of the department for the information of general public. (2) Every person responsible for delivering Lok Sewa referred to in sub-section (1) shall deliver such services in accordance with the notification under Section 3. (3) Every application for Lok Sewa shall be acknowledged by the person responsible for delivering the service or by the department, as the case may be, and every applicant shall be entitled to obtain the status of his application in the manner as may be prescribed. (4) Every person responsible for delivering Lok Sewa who fails to deliver such services within the stipulated time shall be liable to pay costs at the rate of one hundred rupees for each day during the period of delay, if any, subject to a maximum cost of one thousand rupees, which shall be recoverable from him towards payment to the person applying for Lok Sewa in respect of failure to obtain such service: Provided that, no costs shall be recovered from the person responsible for delivering Lok Sewa unless he has been served with a notice and has been accorded a reasonable opportunity to be heard by the Competent Officer, in the manner as may be prescribed: Provided further that, no costs shall be recoverable, where the application for such service is deficient in any manner and such deficiency has been indicated in the acknowledgement delivered under sub-section (3): Provided also that, no costs shall be recoverable, where the delay in delivering such services, in the opinion of the Competent Officer, owing to reasons beyond the control of the person responsible for delivering Lok Sewa. (5) The manner of recovery of costs and payment to the applicant under sub-section (4) shall be as may be prescribed. Each Officer designated by department shall authorise his sub-ordinate officer/employee to receive the applications, examine them and to issue the acknowledgement to the applicant for the public services provided by his office. Each Officer dl.-.~signated by department shall authorise l ,is sub-ordinate officer/employee tll receive the applrcations, examine them and to issue the acknowledgen.,ent to the appl icant for the public servk :es provided by his office.
5. Appointment of Competent Officer
The State Government may, by notification, appoint a Competent Officer to oversee the implementation of the Act and ensure the delivery of public services within the stipulated time limit. Every department shall notify one or more persons, not below the rank of the person responsible for delivering Lok Sewa, as competent officer for the purposes of this Act. Any eligible person, who does not receive the public service within the stipulated time limit or is aggrieved by a decision of the designated officer, may prefer an appeal to the first appellate authority, and a second appeal may be preferred to the second appellate authority. The officer/employee authorised under the said procedure, on receipt of applications shall immediately check whether necessary documents have been annexed with the application. Application which is complete in all respect and with necessary documents shall only be entertained. Authorised officer/employee shall give acknowledgement to the applicant in Form-1, as specified in rule 4. Incomplete applications shall be returned back to applicant with a note on its incompleteness. Complete applications received on each working day, shall be produced before "Designated Officer" on the same working day for providing Lok Sewa. The officer/t'mployee e.uthorised under the said pn )Cedure, on receipt of applicationt-; shall ·immediately check whether nee essary documents have been annexed with the application. Application which is complete in all respect and v-.'1ith necessary documents shall only 1.>e entertained. Authorised. officer/employ,'!e shall give acknowledgement to the applicant in Form-1, as specified in rule 4. Incomplete applications shal.l be returned back to applicant with a note on its incompleteness. Complete applications received on each working day, shnll be produced before "Designated Officer0 on the same! working aay for providing Lok Sewa
6. Liability for furnishing false information to obtain Lok Sewa
No person shall submit any application which contains any fact or information, which he knows or has reasons to believe to be false, to obtain any Lok Sewa, and he who furnishes such fact or information may be liable for criminal action under the law for the time being in force. The procedure for filing and disposal of appeals shall be such as may be prescribed. As per Section 5 of the Act, each department shall declare Cine or more than one Competent Officer, who is/are not below the rank 1lf Designated Officer responsible for providing Lok Sewa, for enquiring the default or delay made by Designated Officer. The Competent Officer shall have the powers to impose cost on Designated Officer under the provisions of the Act. [f the Designated Officer failed to provide Lok Sewa in stipulated time, the applicant may submit complaint t<1 Competent Officer. (?n receiving such 11 complaint, Competent Officer shall enquire into the reasons for de:lay in providing Lok Sewa and after according a reasonable opportunity of hearing tc, the Designated Officer, decide 1he complaint. within 30 days. Competent Officer after going tl U'Ough reasons and facts produced by Designated c,rncer shall decide whetht.~r he is responsible or not for delay in providing Lr,k Sewa. If Designated Offi,~r is found responsible for not providing servkes in stipulated time then the Competent Officer shall impose cost und,~ Section 4(4) of the Act and g;ive the directions to provide services at the earliest, if the services are m. ,t provided to the applicant. Copy of the order passed by Competent Officer shaJl be endorsed to applicant, designated officer and the officer having admit.,istrative control over designaloo officer. Responsibility of designated offi,cer to provide service required by th,! applicant at the earliest shall remain in t1ct even after cost is imposed on hin 1. Any person who is aggrieved by an order passed by tht.' Competent Officer shall be entitJ ed to file an appeal before the Appellate Oft ~cer within 30 days.
7. Right of Appeal
(1) Any person who does not receive the public service within the stipulated time limit or is aggrieved by a decision of the Designated Officer may file an appeal to the Appellate Authority within 30 days from the expiry of the stipulated time limit. (2) The Appellate Authority may condone the delay in filing the appeal if it is satisfied that the appellant was prevented by sufficient cause from filing it in time. (3) The Appellate Authority shall decide the appeal within 45 days and may order the Designated Officer to provide the service or impose a penalty. (1) Any person who is aggrieved by an order passed by the Competent Officer under this Act, shall be entitled to file an appeal before the Appellate Authority, in the manner as may be prescribed, within a period not exceeding thirty days from the receipt of the impugned order, and the Appellate Authority shall decide the appeal within a maximum period of 45 days from the date of institution of the appeal and while deciding the appeal shall follow the principles of natural justice. The order of the appellate authority shall be final and binding. (2) Every department shall notify a person not being below the rank of Competent Officer, to be the Appellate Authority for the purposes of sub-section (1). (3) A copy of the order made by the Appellate Authority, in respect of a person responsible for delivering Lok Sewa, shall be forwarded to the department having administrative or disciplinary control over such person for being maintained in the records pertaining to the work related performance of the person for taking such administrative action as deemed appropriate by them. (1) Where the first appellate authority or the second appellate authority is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, it may impose a penalty upon the designated officer which shall not be less than Rs. 500 and not more than Rs. 5,000. (2) The designated officer shall be given a reasonable opportunity of being heard before imposition of the penalty. For the hearing of appeab filed by the aggrieved party agELinst the order pasBed by Competent Officer, each Departme~t shall nc ,tiff Appellate Officer under Section 7(2) of the , \ct · whose rank shall nc,t 'be below the rank of Competent Officc~r. Appellat1.a: officer shall decide the: appeal within a maximum time limit of 45 days, from the date of filing ap}'f !al and while disposal of appeal follow rules of natural justice. The order pei ssed by Applellate Authority shall be final and binding.
8. Deemed service conditions
The delivery of service under this Act shall be deemed to be a part of the service conditions of the Designated Officer, and any failure to comply shall be viewed as negligence of duty. The provisions of this Act shall be in addition to, and not in derogation of, the service conditions, the disciplinary and financial rules and such other service rules and regulations as are applicable to the person responsible for delivering Lok Sewa. (1) The appellate authority may order the designated officer to pay compensation to the eligible person from the penalty imposed under Section 7. (2) The amount of compensation shall not exceed the amount of penalty imposed. Any pti.rson who is aggrieved by un order passed by th:.Competent Officer shall. bt'; entitled to file an appeal before the Appellate Authority within a periocl, not exceeding thirty days from the receipt of the impugned order. There s'.nall be no fees for app~al. (1) Th•~ f,JUowiog information shall be furnished in an ap11•licatioo for app'al- (i) name and co.mplet(~ addr1!ss of the appellant; (ii) brief descriptian of required service; (iii) date of the applicatio11 prodµceg pefore pe~,jgnateq P.fficer fQF provi<Ung servicej (iv) date of the application produced befo.te competent officer; (v) particulars of that order of compete·nt officer against whom appeal is made with date; (vi) the grounds for appeal; (vii) 1 elief sought; (viii) any other informatio ri necessary for filing appeal . (2) Documents to be annexed with appeal- The lollowing documents shall be annexed with every application for appeal
9. Power to make rules
(1) The Government may, by notification, make rules for carrying out the provisions of this Act. (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 manner in which cost for failure to obtain Lok Sewa is to be received by the applicant under section 3 and its payment is to be made to the applicant under sub-section (5) of Section 4; (b) the manner in which an application for Lok Sewa is to be acknowledged and its status is to be obtained by the applicant under sub-section (3) of Section 4; (c) the manner of issuing notice, the procedure for hearing by Competent Officer, and the manner of fixing the liability of cost, and its recovery under sub-section (4) of Section 4; (d) the manner of preferring an appeal and the procedure governing disposal of such appeal by the appellate authority under section 7; (e) any other matter which is required to be, or may be prescribed. (3) Every rule made under this Act by the Government shall be laid, as soon as may be, after it is made, before the Legislative Assembly of the State. The appellate authority may recommend disciplinary action against the designated officer who has repeatedly defaulted in providing public services. In deciding the application for c.'ppeal the Appellate Authority shall - (i) inspec1, relevant documents, public documents or copies thereQ,f; (ii) hear designated officer/applicant, as the case may be, at the time of appeal.
10. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the 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 difficulties: Provided that, no such orders shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is made, be laid before the Legislative Assembly of the State. The notio~ of hearing of application for appeal may be served in any of the following manner - (i) by hand delivery (dasti) t:hrough special messanger; (ii) by the registered post with due adrnowledgement; (iii) in case of a Government serwant, through bis controlling officer.
11. Protection of action taken in good faith
(1) 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 under this Act or any rule made thereunder. (2) No suit or other legal proceeding shall lie against the State Government for any damage caused or likely to be caused by anything which is in good faith done or intended to be done under this Act or any rule made thereunder. (1) In every case the appellant shall be intimated with the date of hearing, at least seven clear days prior to iruch , .iate of hearing. (2) ff any party remains absent after due service of notice of the fixed date of 'Llearing, then the application for appe111 may be disposed in his absence.
12. Bar of jurisdiction of courts
(1) No civil court shall entertain any suit, application or other proceeding in respect of any order made under this Act. (2) No such order shall be called in question in any manner otherwise than by appeal as provided under this Act. (1) During hearing of Appeal signature/thumb impression of both the parties shall be obtained in order shet:t; (2) The copy of appeal 01rder shall be given to bCtth parties and also endorsed to the following:- (a) For information to Competent Officer ~d if tte appeal of designated officer is rejected then, with the: direction to pay amount of cost positively; (b) Administrative or Disciplinary controlU ng department of concerned designated officer for appropriate adrninis1 :rative action and for record in his service partkmlars.
13. Power to make rules
The State Government may, by notification, make rules to carry out the purposes of this Act. In case of dismissal or rejection of appeal the designated officer has to pay the amowit of cost within se" ·en days as imposed by the Competent Officer on him.
14. Application for services
(1) The application for public services shall be made in such form and manner as may be prescribed. (2) The designated officer shall maintain such record as may be prescribed. (1) Cost shall be paid in the following manner:- (a) Each Cotnj:ietent Officer shall open a savi'lgs account in his own name in a nationalized bank for depositiri1g and withdrawal of amount collected as the cost and maintain r,ecord cf the amount deposited and withdrawn in his office in a sep erate cash book. (b) Each Des.ignated Officer shall deposit ammmt of cost imposed on him in tt ,e account opened by Competent Offil ~er as mentioned in the (a) above and shall inform to the C ompc~tent Officer alonp;v-:ith the photocopy of counterfoil as given ~y the bank. (c) Am,Junt deposited as above shall be paia1 to the applicant in person or by cheque/bank draft or through money order. (d) F,.>r the payment of cost to the applicant, foes i1i1cun-ed on bank r.Jraft or money order shall be borne by Comp,ett.'Dt Officer through interest on _the amount deposited in bank or by concerning drawing and disbursing officer from contingency fund. (2) Payment by other mf•tbods - (i) If the Designaie\i Ofiicer failt;d to pay the amount of cost imposed on him as specified in rule 13, then the Competent Officer shal] direct drawing and disb,11rsing officer to recover the amount of cost from the next salary of .the Designated. Officer and deposit it in the bank saving account as :r.nentioned in rule 14(l ){a). Directio,ns of Competent Officer shall be binding on drawing and disbursin~i officer. (ii) Amount received as above method shall be depositt. d by the drawing and disbursin~~ officc:;r under intimation to the Co mpetent Officer, who in furn pay it to the applic£U1t as spe~ifieg in the rule 14(1 )(c).
15. Display of information
Information regarding public services shall be displayed on the notice board of the office concerned. For providing Lok Sewa Calculation of stipulated time shall be in t11.e form of workmg days.
16. Monitoring of services
The State Government may monitor the delivery of public services in such manner as it deems fit. The Designated Officer in Form-2 attached with these rules shall cause to exhibit the relevant information of the services on a notice boarc.' installed at a conspicuous place of his office for the convenience of general public. The details of nS;:cessary documents to be nttach<·d with an application .for obtaining notified services shall be displayed on the.- notice board.
17. Responsibility of the Designated Officer
The designated officer shall be responsible for providing the public services within the stipulated time limit as per the provisions of Section 3 and Section 4. For the maintenance of recorc't of disposed cases under t lie Act, The Designated Officer, shall maintai n the record of the cases in Form-3, and appellate officer in Form-4 attat;~hed with these rules.
18. Liability for furnishing false information to obtain Lok Sewa
No person shall submit any appiication which contains any fact or information, which he knows or· has reasons to believe to be false, to Ol'1tain any Lok Sewa, and who fun 1ishes such fact or information may be liable for criminal action under the la\1, for the time being in force.
19. Monitoring and inspection
The State Government may issue dil\~ctions from time to time for effective implementation of the provisions of the Act, superintendence c ►f the cases filed under the Act and for tlm inspection of ~•he offices of the Designated Officer., Competent Officer, Appellate Authorit.,v and Drawing and. D1isbursing Officer.
1. Short title, extent, commencement and application. Short title, extent, commencement and application
(1) This Act may be called the Chhattisgarh Lok Sewa Guarantee Act, 2011. (2) It extends to the whole State of Chhattisgarh. (3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint. (4) This Act shall apply to all services notified in connection with the affairs of the Government of Chhattisgarh, local bodies, public authorities or agencies which are owned, controlled or substantially financed by the Government. (1) These rules may be called the Chhattisgarh Lok Sewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011. (2) They shall come into force from the date of its publication in the Official Gazette.
2. Definitions. Definitions
(a) "Designated Officer" means an officer as notified under Section 3 to provide the public service; (b) "Appellate Authority" means an officer not below the rank of Designated Officer as notified under Section 7; (c) "Eligible person" means a person who is eligible for obtaining public services; (d) "Public Service" means any service as notified by the State Government under Section 3; (e) "Stipulated time limit" means the time limit as notified under Section 3 for providing the public service; (f) "Right to Service" means the right to obtain the notified public services within the stipulated time limit under this Act; (g) "Service" means the services provided by the State Government. In this Act, unless the context otherwise requires,— (a) "Appellate Authority" means an officer notified by the Government, local body, public authorities or agencies, as the case may be, and invested with the power to hear appeals against the orders passed by any Competent Officer under this Act; (b) "Competent Officer" means an officer so notified by the Government, local body, public authority or agency as the case may be, under section 5, of this Act, and empowered to impose cost for default or delay caused by the person responsible for delivery of Lok Sewa; (c) "Department" means a department of the Government or a section, division, branch office or constituent unit, or by whatever name called, of a local body, public authority or agency as the case may be; (d) "Government" means the Government of Chhattisgarh; (e) "Local body" means and includes any authority, municipality, panchayat or any other body, by whatever name called, for the time being invested by law to render Lok Sewa within the State of Chhattisgarh or to control, manage or regulate such services within a specified local area thereof; (f) "Lok Sewa" means and includes citizen related public service, notified under section 3; (g) "Notification" and "Notified", where the context so requires, means and relate to a notification published in the official Gazette; (h) "Prescribed" means prescribed by the rules made under this Act; (i) "Public authority" means any authority or body or institution of self governance established or constituted by any law made by the Legislature of the State of Chhattisgarh or constituted by a notification issued or order made by the Government; and includes:-(one) a body owned, controlled or substantially financed by the Government; (two) a non-government organisation substantially financed, directly or indirectly, by the funds provided by the Government; and (three) an organization or body corporate in its capacity as an instrumentality of State as defined under article 12 of the Constitution and rendering Lok Sewa in the State of Chhattisgarh. (j) "Rule" means a rule made by the Government under this Act, and notified as such; (k) "Stipulated time" means the maximum time, notified under Section 3 of this Act, to provide Lok Sewa or to decide the appeal by the appellate authority. (1) In these rules, unless the context otherwise requires,- (a) "Act" means, the Chhattisgarh Lok Sewa Guarantee Act, 2011 (No. 23 of 2011); (b) "Appellate Authority" means, an officer empowered in Section 2(i) of the Act who can hear appeals against the orders passed by the Competent Officer; (c) "Competent Officer" means, an officer empowered to impose cost for default or delay caused by the person responsible for delivery of Lok Sewa as mentioned in Section 2(b) of the Act; (d) "Cost" means, cost as imposed for payment by the Competent Authority on a person responsible for delivering Lok Sewa for the services specified in Section 4(4) of the Act. (e) "Department" means, a Department of the Government or a section, division, branch, office or constituent unit, or by whatever name called, of a local body, public authority or agency, as the case may be, as mentioned in Section 2(c) of the Act; (f) "Designated Officer" means, an officer responsible for delivering Lok Sewa as mentioned in Section 4(1) of the Act; (g) "Form" means, form attached to these rules made under the Act; (h) "Government" means, the Government of Chhattisgarh as mentioned in section 2(d) of the Act; (i) "Local body" means, any Authority, Municipal Corporation, Municipality, Panchayat or any Other Body, as mentioned in Section 2(e) of the Act; (j) "Lok Sewa" means, Services mentioned in Section 2(f) of the Act; (k) "Notification" and "Notified" means a notification published in the Official Gazette under Section 2(g) of the Act; (l) "Prescribed" means, prescribed by these rules; (m) "Public Authority" means, an authority or body or an autonomous body mentioned in Section 2(i) of the Act; (n) "Rule" means, the Chhattisgarh Lok Sewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011; (o) "Schedule" means, issuing of Schedule under these rules related to notified civilians in public services under Section 3(1) of the Act; (p) "Stipulated time" means, the specified time to provide Lok Sewa or to decide the appeal by the Appellate Authority notified under these rules; (2) The words and expression used in these rules which are not defined, shall have the same meaning as assigned to them in the Act. (1) (n) "Government" means, the Government of Chhattisgarh as mentioned iri section 2(d) of the Act; (i) "Local body" meaps, Authorif;y, Muni,:ipal Conx>ration, Municipijlity, Panchayat or ~Y Other Body, ~ m~:nijQneq ip. S~Ftion 2{e) ctf the Act, (j) "Lok Sewa" mea.ns, Services mentioned in Section '2(f) of the Act; (k) "Nofification" aJ.1d "Notif'aed" means a notifica,tion published in the Offic1al Gazette under. Section 2(g) of the Act; (l) "Pre:,cribed" means, prescribed by these rules; (m) "Public Authorit:y" means, an authority or body or an autonomous body mentioned in Section 2(i) of the Act; (n) "Rufo" means, the Chhattisgarh Lok Sewa Guarantee (A vedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011; (o) "Sch1edule" means, issuing of ScheduJe under these rules related to notifi ed civilians in public services under Section 3( 1 ) of the Act; (p) "Stip,ulated time" rn.eans, the specified time to provide Lok Sewa or to decic'le the appeal by 1he Appellate Authority notified ,under these rules; (2) The words and express ion used in these rules which ar,e not defined, shall have the :wne meaning as assigned to them in the Act.
3. Right to obtain Lok Sewa in stipulated time. Right to obtain Lok Sewa in stipulated time
The State Government may, from time to time, by notification, notify the public services, the Designated Officers, the Appellate Authorities and the stipulated time limits for the purposes of this Act. (1) Every person shall have the right to obtain Lok Sewa in the State of Chhattisgarh, within the stipulated time as notified from time to time by the State Government, in accordance with the provisions of this Act. (2) Every applicant who fails to obtain Lok Sewa within the stipulated time, shall be entitled to receive the cost as provided under sub-section (4) of Section 4, in respect of his application, in the manner as may be prescribed. Each department shall designate a responsible officer, for delivering Lok Sewa in prescribed time under Section 4(1), and the designated officer shall be responsible for necessary action on each application and providing Lok Sewa to the applicant in stipulated time as mentioned in the Schedule. Each departmen1, .shall designate a respons:,ble officer, for ,delivering Lok Sewa in presc:ri\,ed time under St:ctio11, 4(1 ), and the des ignated officer shall be responsible for necessary action on each applicatic ,n and providing Lok Sewa to the applicant in stipulated time as mentiont~ in the Schedule.
4. Liability to deliver Lok Sewa in stipulated time, imposition, recovery and payment of cost. Liability to deliver Lok Sewa in stipulated time, imposition, recovery and payment of cost
(1) The Designated Officer shall provide the service notified under Section 3 within the stipulated time limit. (2) If the Designated Officer fails to provide the service or is of the view that the service cannot be provided, he shall inform the applicant in writing. (3) The Appellate Authority may impose a penalty on the Designated Officer for failure to provide service without sufficient cause. (4) The amount of penalty imposed shall be recoverable from the Designated Officer and may be awarded as compensation to the applicant. (1) Every department shall designate the person(s) responsible for delivering Lok Sewa from the date of commencement of this Act, and the post or posts of such designation shall be displayed in some conspicuous part of the department for the information of general public. (2) Every person responsible for delivering Lok Sewa referred to in sub-section (1) shall deliver such services in accordance with the notification under Section 3. (3) Every application for Lok Sewa shall be acknowledged by the person responsible for delivering the service or by the department, as the case may be, and every applicant shall be entitled to obtain the status of his application in the manner as may be prescribed. (4) Every person responsible for delivering Lok Sewa who fails to deliver such services within the stipulated time shall be liable to pay costs at the rate of one hundred rupees for each day during the period of delay, if any, subject to a maximum cost of one thousand rupees, which shall be recoverable from him towards payment to the person applying for Lok Sewa in respect of failure to obtain such service: Provided that, no costs shall be recovered from the person responsible for delivering Lok Sewa unless he has been served with a notice and has been accorded a reasonable opportunity to be heard by the Competent Officer, in the manner as may be prescribed: Provided further that, no costs shall be recoverable, where the application for such service is deficient in any manner and such deficiency has been indicated in the acknowledgement delivered under sub-section (3): Provided also that, no costs shall be recoverable, where the delay in delivering such services, in the opinion of the Competent Officer, owing to reasons beyond the control of the person responsible for delivering Lok Sewa. (5) The manner of recovery of costs and payment to the applicant under sub-section (4) shall be as may be prescribed. Each Officer designated by department shall authorise his sub-ordinate officer/employee to receive the applications, examine them and to issue the acknowledgement to the applicant for the public services provided by his office. Each Officer dl.-.~signated by department shall authorise l ,is sub-ordinate officer/employee tll receive the applrcations, examine them and to issue the acknowledgen.,ent to the appl icant for the public servk :es provided by his office.
5. Appointment of Competent Officer. Appointment of Competent Officer
The State Government may, by notification, appoint a Competent Officer to oversee the implementation of the Act and ensure the delivery of public services within the stipulated time limit. Every department shall notify one or more persons, not below the rank of the person responsible for delivering Lok Sewa, as competent officer for the purposes of this Act. Any eligible person, who does not receive the public service within the stipulated time limit or is aggrieved by a decision of the designated officer, may prefer an appeal to the first appellate authority, and a second appeal may be preferred to the second appellate authority. The officer/employee authorised under the said procedure, on receipt of applications shall immediately check whether necessary documents have been annexed with the application. Application which is complete in all respect and with necessary documents shall only be entertained. Authorised officer/employee shall give acknowledgement to the applicant in Form-1, as specified in rule 4. Incomplete applications shall be returned back to applicant with a note on its incompleteness. Complete applications received on each working day, shall be produced before "Designated Officer" on the same working day for providing Lok Sewa. The officer/t'mployee e.uthorised under the said pn )Cedure, on receipt of applicationt-; shall ·immediately check whether nee essary documents have been annexed with the application. Application which is complete in all respect and v-.'1ith necessary documents shall only 1.>e entertained. Authorised. officer/employ,'!e shall give acknowledgement to the applicant in Form-1, as specified in rule 4. Incomplete applications shal.l be returned back to applicant with a note on its incompleteness. Complete applications received on each working day, shnll be produced before "Designated Officer0 on the same! working aay for providing Lok Sewa
6. Liability for furnishing false information to obtain Lok Sewa. Liability for furnishing false information to obtain Lok Sewa
No person shall submit any application which contains any fact or information, which he knows or has reasons to believe to be false, to obtain any Lok Sewa, and he who furnishes such fact or information may be liable for criminal action under the law for the time being in force. The procedure for filing and disposal of appeals shall be such as may be prescribed. As per Section 5 of the Act, each department shall declare Cine or more than one Competent Officer, who is/are not below the rank 1lf Designated Officer responsible for providing Lok Sewa, for enquiring the default or delay made by Designated Officer. The Competent Officer shall have the powers to impose cost on Designated Officer under the provisions of the Act. [f the Designated Officer failed to provide Lok Sewa in stipulated time, the applicant may submit complaint t<1 Competent Officer. (?n receiving such 11 complaint, Competent Officer shall enquire into the reasons for de:lay in providing Lok Sewa and after according a reasonable opportunity of hearing tc, the Designated Officer, decide 1he complaint. within 30 days. Competent Officer after going tl U'Ough reasons and facts produced by Designated c,rncer shall decide whetht.~r he is responsible or not for delay in providing Lr,k Sewa. If Designated Offi,~r is found responsible for not providing servkes in stipulated time then the Competent Officer shall impose cost und,~ Section 4(4) of the Act and g;ive the directions to provide services at the earliest, if the services are m. ,t provided to the applicant. Copy of the order passed by Competent Officer shaJl be endorsed to applicant, designated officer and the officer having admit.,istrative control over designaloo officer. Responsibility of designated offi,cer to provide service required by th,! applicant at the earliest shall remain in t1ct even after cost is imposed on hin 1. Any person who is aggrieved by an order passed by tht.' Competent Officer shall be entitJ ed to file an appeal before the Appellate Oft ~cer within 30 days.
7. Right of Appeal. Right of Appeal
(1) Any person who does not receive the public service within the stipulated time limit or is aggrieved by a decision of the Designated Officer may file an appeal to the Appellate Authority within 30 days from the expiry of the stipulated time limit. (2) The Appellate Authority may condone the delay in filing the appeal if it is satisfied that the appellant was prevented by sufficient cause from filing it in time. (3) The Appellate Authority shall decide the appeal within 45 days and may order the Designated Officer to provide the service or impose a penalty. (1) Any person who is aggrieved by an order passed by the Competent Officer under this Act, shall be entitled to file an appeal before the Appellate Authority, in the manner as may be prescribed, within a period not exceeding thirty days from the receipt of the impugned order, and the Appellate Authority shall decide the appeal within a maximum period of 45 days from the date of institution of the appeal and while deciding the appeal shall follow the principles of natural justice. The order of the appellate authority shall be final and binding. (2) Every department shall notify a person not being below the rank of Competent Officer, to be the Appellate Authority for the purposes of sub-section (1). (3) A copy of the order made by the Appellate Authority, in respect of a person responsible for delivering Lok Sewa, shall be forwarded to the department having administrative or disciplinary control over such person for being maintained in the records pertaining to the work related performance of the person for taking such administrative action as deemed appropriate by them. (1) Where the first appellate authority or the second appellate authority is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, it may impose a penalty upon the designated officer which shall not be less than Rs. 500 and not more than Rs. 5,000. (2) The designated officer shall be given a reasonable opportunity of being heard before imposition of the penalty. For the hearing of appeab filed by the aggrieved party agELinst the order pasBed by Competent Officer, each Departme~t shall nc ,tiff Appellate Officer under Section 7(2) of the , \ct · whose rank shall nc,t 'be below the rank of Competent Officc~r. Appellat1.a: officer shall decide the: appeal within a maximum time limit of 45 days, from the date of filing ap}'f !al and while disposal of appeal follow rules of natural justice. The order pei ssed by Applellate Authority shall be final and binding.
8. Deemed service conditions. Deemed service conditions
The delivery of service under this Act shall be deemed to be a part of the service conditions of the Designated Officer, and any failure to comply shall be viewed as negligence of duty. The provisions of this Act shall be in addition to, and not in derogation of, the service conditions, the disciplinary and financial rules and such other service rules and regulations as are applicable to the person responsible for delivering Lok Sewa. (1) The appellate authority may order the designated officer to pay compensation to the eligible person from the penalty imposed under Section 7. (2) The amount of compensation shall not exceed the amount of penalty imposed. Any pti.rson who is aggrieved by un order passed by th:.Competent Officer shall. bt'; entitled to file an appeal before the Appellate Authority within a periocl, not exceeding thirty days from the receipt of the impugned order. There s'.nall be no fees for app~al. (1) Th•~ f,JUowiog information shall be furnished in an ap11•licatioo for app'al- (i) name and co.mplet(~ addr1!ss of the appellant; (ii) brief descriptian of required service; (iii) date of the applicatio11 prodµceg pefore pe~,jgnateq P.fficer fQF provi<Ung servicej (iv) date of the application produced befo.te competent officer; (v) particulars of that order of compete·nt officer against whom appeal is made with date; (vi) the grounds for appeal; (vii) 1 elief sought; (viii) any other informatio ri necessary for filing appeal . (2) Documents to be annexed with appeal- The lollowing documents shall be annexed with every application for appeal
9. Power to make rules. Power to make rules
(1) The Government may, by notification, make rules for carrying out the provisions of this Act. (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 manner in which cost for failure to obtain Lok Sewa is to be received by the applicant under section 3 and its payment is to be made to the applicant under sub-section (5) of Section 4; (b) the manner in which an application for Lok Sewa is to be acknowledged and its status is to be obtained by the applicant under sub-section (3) of Section 4; (c) the manner of issuing notice, the procedure for hearing by Competent Officer, and the manner of fixing the liability of cost, and its recovery under sub-section (4) of Section 4; (d) the manner of preferring an appeal and the procedure governing disposal of such appeal by the appellate authority under section 7; (e) any other matter which is required to be, or may be prescribed. (3) Every rule made under this Act by the Government shall be laid, as soon as may be, after it is made, before the Legislative Assembly of the State. The appellate authority may recommend disciplinary action against the designated officer who has repeatedly defaulted in providing public services. In deciding the application for c.'ppeal the Appellate Authority shall - (i) inspec1, relevant documents, public documents or copies thereQ,f; (ii) hear designated officer/applicant, as the case may be, at the time of appeal.
10. Power to remove difficulties. Power to remove difficulties
(1) If any difficulty arises in giving effect to the provisions of this Act, the 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 difficulties: Provided that, no such orders shall be made after the expiry of a period of two years from the date of commencement of this Act. (2) Every order made under this section shall, as soon as may be, after it is made, be laid before the Legislative Assembly of the State. The notio~ of hearing of application for appeal may be served in any of the following manner - (i) by hand delivery (dasti) t:hrough special messanger; (ii) by the registered post with due adrnowledgement; (iii) in case of a Government serwant, through bis controlling officer.
Form 2. For111 for provltlln1 Jqformatlon on no tlce board
(See rule 16) Name, Designation and O'ffice of the Designated Officer. S. No. (1) Notified Public Service (2) Documents to be annexed with the application (3) Stipulated time limit for the services (4) Name and Designation of the Competent Officer (5) Name and Designation and address of the office of Appellate Authority (6) Stipulated time limit for the disposal of appeal Name, Designation and Chamber of the Officer/e'mployee authorised to receive application in the office of Designated Officer. 2. Time limit 'ior filing ap11eal. Withi11 thirty da:fs from the decision of competent officer. Note- Please obtain acknowledgement of your ap.lication compulsorily.
Form 3. Form of register to be maintained in the office or Designat,,ct Officer
(See rule 17) Name of the office cf the designated officer. Month Year S. No. Name and address c,f applicant (1) Service for which the application is given (2) Date of application (3) Last date of the stipulated time limit (4) Date of providing service (5) Application allowed/ dis-aUowed (6) Date and details of the order passed by Competent Officer (7)
Form 4. Fo,rm of register to be maintained in the office of Appellate Authority
(See rule 17) Name of the office of the AppeHate Authority. S. No. Name and address of appellant (1) Date of filint~ appeal (2) Desi1~nation of the Competent Officer (Alongwith the name of office of whom the appeal is filed) (3) Last date of the stipulated time limit as fixed for the disposal of appeal (4) Date and detail of the order in appeal (5)
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