Chapter II Chapter II

Right of citizen to obtain time bound delivery of services Right of citizen to obtain time bound delivery of services.—

1. (1) The Government may, by notification, notify the Services and the time limit for delivering the service, to which this Act shall apply;
2. (2) The Government may, by notification, notify the Designated Officer and Citizen Grievance Redressal Authority for each service.
3. (3) Every citizen shall have the right to obtain the citizen related services in Delhi in accordance with this Act within the time period as stipulated in the Schedule.
4. (4) Power to Amend the Schedules:-
   • (i) If the Government is satisfied that it is necessary or expedient so to do, it may, by notification, amend the Schedule:
   • (ii) A copy of every notification issued under sub-section (1), shall be laid before the House of Legislative Assembly of Delhi as soon as may be after it is issued.

Liability of Designated Officer to deliver services within the stipulated period.-- Every Designated Officer shall be responsible for providing the services specified in the Schedule from time to time within the time limit prescribed therein from time to time.

Filing, Monitoring and disposal of the application.—

1. (1) Every applicant shall make a duly filled application in the manner prescribed, to the Designated Officer for obtaining any service.
2. (2) Every application received under this Act shall be assigned a unique application number by the concerned Department or local body, as the case may be, and the applicant shall be entitled to obtain and track the status of such application online in such manner as may be prescribed.
3. (3) Every Department shall maintain the status of all such applications online and shall ensure that such status is updated in accordance with the procedure prescribed by the rules.
4. (4) The Designated Officer shall, on receipt of an application, either provide the service or reject the application within the notified time limit: Provided that where the application is rejected, the Designated Officer shall record the reasons in writing and communicate the same to the applicant.
5. (5) The notified time limit shall commence from the date of receipt of a complete application for the Service by the Designated Officer or by any other officer authorised by him in this behalf.
6. (6) For the purposes of this sub-section, an application successfully submitted online shall be deemed to have been received by the Designated Officer.

Appointment of Citizen Grievance Redressal Authority:-

1. (1) Every Department shall appoint by notification, officers of adequate seniority as Citizen Grievance Redressal Authority empowered to discharge duties under the Act.
2. (2) The Authority shall be at least one or two level senior to the Designated Officer.

Appeal before Citizen Grievance Redressal Authority.—

1. (1) In case of breach of timelines by the Designated Officer an appeal shall automatically lie before the Authority.
2. (2) The appeal shall be automatically lodged before the Authority and the original application shall be deemed to be an appeal for the purpose of Section 7 of this Act.
3. (3) In case of rejection of application by the Designated Officer, the applicant may prefer an appeal before the Authority. The Appeal may be filed online.
4. (4) In case of appeals filed under subsection (2) and (3) above, the applicant shall be provided an appeal number to enable him to track the status of his appeal.
5. (5) The Authority, upon receipt of the appeal, shall issue a notice to the Designated Officer seeking his comments on the inaction or denial of the service to the applicant; Provided that, if on examination of the appeal, it appears to the Authority that the default in providing the service is prima facie wrong and unreasonable, he is not required to issue any notice, and instead shall direct the Designated Officer to provide the service within 07 days or such period as may be specified in the order.
6. (6) The Authority shall decide the appeal on merits and shall not remand the appeal to the Designated Officer for reconsideration.
7. (7) The Authority shall decide the appeal within 30 days of the receipt of appeal. The decision shall be communicated to both the parties in the manner prescribed.
8. (8) Where, in the course of proceedings, the Authority is of the opinion that the default in providing the service was unjustified or unreasonable, it may, by an order in writing—
   • (a) direct the Designated Officer to provide the service to the applicant; and
   • (b) require the Designated Officer to show cause why a penalty should not be imposed for failure to provide such service.
9. (9) The Designated Officer against whom such notice is issued may submit a representation within seven days from the date of receipt of such notice. Where no such representation is received within the said period, or where the explanation submitted is found to be unsatisfactory, the Authority may, by order, impose such penalty as deemed fit upon the Designated Officer and direct the concerned accounts functionary to recover the amount of penalty from the salary of such Designated Officer: Provided that no such penalty shall be imposed unless the Designated Officer has been given a reasonable opportunity of being heard: Provided further that where the Authority is satisfied that the default in delivery of the service is not attributable to the Designated Officer against whom notice has been issued, but to any other Designated Officer and/or any other officer/official involved in the process of providing such service, it may, by order—
   • (a) withdraw the notice issued against such first-mentioned Designated Officer; and
   • (b) issue a show cause notice to such other Designated Officer and/or any other officer/official involved in the process of providing such service, found responsible for the delay, and thereafter proceed against him in accordance with the provisions of this section.
10. (10) The Authority shall, before passing any order determining liability under this Act, observe the principles of natural justice.

Liability to pay penalty:-- If the Authority or the Commission, while deciding the appeal of the citizens comes to the conclusion that the Designated Officer and/or any other officer/official involved in the process of providing such service has committed a default without sufficient and reasonable cause it may, apart from directing the Designated Officer and/or any other officer/official involved in the process of providing such service to provide the service within a specific time; i. Impose a penalty at the rate of Two hundred fifty rupees per day of default subject to a maximum of Five thousand rupees in each case where the application is not decided within the stipulated time. ii. Impose a lump sum penalty of not less than Two hundred fifty rupees and not more than Five thousand rupees in each case where the application has been unreasonably and unjustifiably rejected. iii. The amount of penalty, so levied shall be deposited in the Government treasury in the manner prescribed. Provided that before imposing such penalty, an opportunity will be given to the Designated Officer and/or any other officer/official involved in the process of providing such service to give his/her explanation which shall be considered by the Authority or Commission before imposing the penalty.