Chapter IV DELHI RIGHT TO SERVICE COMMISSION

Constitution of Commission:

1. (1) The Government shall constitute a Commission to be called the “Delhi Right to Service Commission” for the purpose of this Act: Provided that until the Right to Service Commission is constituted under this Act, the Government may, by notification, designate the Public Grievance Commission to discharge the functions of the Right to Service Commission under this Act.
2. (2) The Commission shall be a statutory body, known by the aforesaid name, having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property, both movable and immovable and to contract and shall, by the said name, sue or be sued.
3. (3) IT Department will be the Administrative Department of the Commission.

Composition of the Commission:-

1. (1) The Commission shall consist of a Chairman and three Members who shall be appointed by the Government.
2. (2) The Chairman shall be a serving or retired officer not below the rank of Chief Secretary of Government of NCT of Delhi or Secretary to the Government of India.
3. (3) At least one of the Members shall be a retired officer not below the rank of an Administrative Secretary of Government of NCT of Delhi or its equivalent rank and status in any of the services of the State, including officers of All India Services.
4. (4) Other Member/s shall be persons of eminence in public life having special knowledge or practical experience in the field of administration or management or education or science or law or literature or social service or human rights.

Powers of Chairman Powers of Chairman:-

1. (1) The Chairman shall exercise general superintendence and direction over the affairs of the Commission. The Chairman shall preside over the meetings of the Commission and shall exercise and discharge such powers and perform such functions as are vested in the Commission, in accordance with the rules made under this Act.
2. (2) In the event of the absence of the Chairman, or a vacancy in that office, the Government may nominate one of the Members to discharge the functions and exercise the powers of the Chairman.
3. (3) A Member nominated to discharge the functions and powers of the Chairman shall not be entitled to any compensation, allowance or facility in addition to what he would be entitled to as a Member.

Term of Office and Conditions of Service of Chairman and Members:-

1. (1) The Chairman and the Members shall hold office at the pleasure of the Government or till they attain the age of sixty-five years, whichever is earlier.
2. (2) The Chairman or the Member shall, before he enters upon his office, take an oath of allegiance before the Lt. Governor or some other person appointed by him in that behalf.
3. (3) The salaries and allowances payable to and other terms and conditions of service of the Chairman and Members shall be as maybe prescribed.
4. (4) The Commission may be provided by the Government with such numbers of officers and staff as may be necessary for the efficient performance of the Commission under this Act.
5. (5) The Government shall provide adequate funds for smooth functioning of the Commission.

Resignation Removal and Suspension of Chairman or Members:-

1. (1) The Chairman and the Members may resign from their office by giving notice in writing to the Lt. Governor and upon such resignation having being accepted, they shall be deemed to have vacated their office.
2. (2) The Chairman and the Members shall be removed from his office only by order of the Government on the ground of proven misconduct, misbehavior or incapacity.
3. (3) The Government may suspend from office, and if deem necessary, prohibit also from attending the office Chairman and the Members, during any inquiry ordered by the Government.
4. (4) Notwithstanding anything contained in sub-sections (1) and (2), the Government may, by order, remove from office, Chairman and the Members, as the case may be, if he,—
   • (a) is adjudged an insolvent; or
   • (b) has been convicted of an offence which, in the opinion of the Government, 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 Government, 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 the Chairman or Member.
5. (5) If the Chairman or any of the members in any way is concerned or interested in any contract or agreement made by or on behalf of the Government or participates in any way in the profit thereof or in any benefit or emoluments arising there from otherwise than as a member and in common with the other members of an incorporated company, he shall, for the purposes of sub-section (2), be deemed to be guilty of misconduct.

Powers and Functions of Commission:-

1. (1) It shall be the duty of the Commission to ensure proper implementation of this Act and to make suggestions to the Government for ensuring better delivery of services.
2. (2) For this purpose the Commission may: -
   • (i) entertain and dispose of appeals filed by the applicant or the Designated Officer and/or any other officer/official involved in the process of providing service, against the orders of the Authority;
   • (ii) carry out inspections of offices entrusted with the delivery of services and the offices of the Designated Officers or the Authority;
   • (iii) recommend Departmental action against any officer or employee of the Department, who has failed in due discharge of functions cast upon him under this Act;
   • (iv) recommend changes in procedures and process re-engineering for delivery of services which may make the delivery more transparent and easier: Provided that before making such a recommendation, the Commission shall consult the Administrative Secretary in charge of the respective Department which is to deliver the service;
   • (v) recommend additional services to be notified under section 3 and may also suggest modifications in the notifications already issued for better implementation of this Act;
   • (vi) issue general instructions, not inconsistent with the provisions of this Act for the guidance of Designated Officers and the Authority;
   • (vii) impose penalty on Designated Officer or any other official involved in the process of providing such service up to a sum of five thousand rupees;
   • (viii) review its decisions, directions and orders.
3. (3) Where the Commission is satisfied that there are reasonable grounds to inquire into matters arising out of the provisions of this Act, it may, suo moto, initiate an inquiry in respect thereof.
4. (4) The Commission shall, while inquiring into any matter under this section, 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:-
   • (i) summoning the parties;
   • (ii) receiving oral evidence on oath or written evidence on affidavits;
   • (iii) requiring the discovery and inspection of documents;
   • (iv) requisitioning of any public record from any office;
   • (v) obtaining copies of record from any court in accordance with law;
   • (vi) issuing summons for examination of witnesses or documents; and
   • (vii) any other matter, which may be prescribed.
5. (5) The Commission may frame its regulations for the conduct of its business and any such matter, as it may deem fit only after the approval of the Government.
6. (6) The Commission shall prepare an annual report regarding its activities and the status of disposal of the services included in the Act.