Delhi act 007 of 2011 : Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011

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" , '1\<:1:$ to·the whole of National Cap' 'TerritOfy of Delhi. o

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. . . ~ ...' notification, c.ppoint. ,(4) This Act ~ aU apply to government servants a pointe~ substantively to ~ ~ """

any civil'services or po~ts..in connection with the affairs of the Government of

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National Ca;1itat Territory of Delhi and to the .servants of local bodies and authorities whic are owned, controlled' or substantially financed by that Govemmen ~, but shan not apply to-

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(i) perscns appointed on casual or daily rates basis~

(ii) perse os employed on contract except when the contract provides otherwise; ,

(iii) .persons hose terms. and' conditions of 'services are regulated by or under the provisions of the Constitution.

2. Deri:litio s.-In this Act; unless the context"O e'rWis8 requires, -

(a) "Ap?sllat Authority" means^anofficer appointed^bytheGovemment~or

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locoi· bo Yz as the ~se may be, by.notification, invested with the power to h~ar ppeats against the orders p.a5sed by any competent officer und'i;r this Act

(b) "citi7..en' related'services" include the 5e ices as specified in the Schedule;, ','

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local body, nder sec~ion S of this Act.. by noti~cation, who shall be amp·::,., fared to impose cost on the government servant defaulting or delaying the delivery of services in accordance ith this Act; ...'..:'-'

(d) -"Delhi" mea s the National Capital Territ

(e) "depc:rtment" m~aQs. ~ depar-r:nent of the· <;;overnment or department of a local body, as the cas~ may be;

(f) "Governme tit means the Lieutenant Governor of the National Capital

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. Territcry of Delhi 'appoiot3d :JY the President under article 239 and desis{",ated as such under artide 239 Aft. of the onstitution;

(g) "governme t servant" means a.person appointed substanti\lelyto any civil service or .post in..corme:tion with the .affairs of the Government inducing, person working cn deputation basis; and person appointed in' a locc.i body which is owned, controlted or..substantiaily financed'by that Governme t.;

(h) ~loc8: bo y~ inoludes S:1Y public authority, municipality. Delhi CantG~me t Board, Delhi .Jai Board, Town Planning At,rthority. Delhi Development Authority or any other body or authority, by whatever

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"notiftcati n^ft

meaf1$ (;l Qot~c:ation published in the officia'l Gazette;' :..

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"pujlk~ authority" means any authority or body or institution of self- governance estqblishea or constituted (i) by or under the Constituti~n;

(ii) ,by any ,other layv mad~ by ParJiame~t; (hi? by al)Y law made by the Legis.Slture of a State or Union territory; (iv) ya notification issued or ord~r mad~ by the G veroment; and· incl d.es (a) a body ow~ed, . . . . cor:tr.olled or substantia'!y financed b'y th G~"vernrr1ent; (b) a non· government organization substantially financed, directly or indir~ctly, by the funds proyided by^th~Governmeflt; and (c)^anorganization or body corperst in its' ~pa~itY"as' an instrumentality of 'State' as defined under a icle 12 of the COl1stitution^andrendering services^ofpublic' utility in elhi;

(k) "rule" means a· rule made I:>y toe Government under this Act. by notificati n;.

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"Scileduleⁿ

means the Schedule appended to this Act;

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(m) "year" mz;.an .a calendar year commencing on h.e 1^st

day of January

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day of December. CHAPTER-II

CITIZE '5 r~iG T TO TIME BOUi\JO DELIVERY SERVlCES, AND-'" •. PROCEDURE 30VERNING FIXING OF LIABILITY I CASE OF -DEFAULT, ETC•

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.Right of citizen' to obtain -time bound deliv

• .' • ,1,.".f ... ,' .... " • of services.- ~yery

citizen shall n2' fe the right to obtain ite citizen related servi

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accordance with t is Act within t1e time bound period.. as stipulated in the Schedule:

Provided that the Government shall be entitled⁰amend and revis~ the Schedule from :ime to time·by notification.

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4. Uabilf.tv 0 government servant to deliver servicas within the stipUlated per~od.:"Every' government serVant shall be drity bound to delive~:~.

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citizen'related 'serviCes' as specified in the Sche~ule.' ithin th~ time peFiod as stipulated in^~heSche~ule.

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5. Monitoring"the ~tatus o~ the apptication.-:(1) Every citizen. having

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applied for any citizen related services shall be provided an application . , . " . nu~ber by the conCerned ,d~pal1ment, or l~cal body, as the case may be, and /

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accordG.:~ce ith su~ pro~~r6as may be ?rescrib~.

(2). .The departm~nt or local body, C;lS the.. case may be, shall maintair:

status of .all a plications ..governing cruzen related servi~e~ "dnline and:snalt be

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duti, bOJnd to update the status of the, same as per the procedure as prescrib3d by rules in this'regard.

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6. €-governance of serv!ces through mutuai understanding.- The government shall endeavor and encourage all the departments, local bodies and auh-Jorities of the government to ~nter by mutual understanding to deliv6,' their re~pectivecitizen related services in a stipul~~ed time period_as part of €- governance.

7. Uability to pay cost.~ Every govemme t servant who fails to detive; . .. r .. ':

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the citi:::::;n re ated services to a citizen within, the stipulated time as stipu!atec: ,

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in ~he Sched~le, shall be liable to pay cost at the rate of ten rupees per:.da'.'

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for the 'period of. delay sUbject. to . maximum f two hundred ,.rupees pe:-

application, . in aggregate: whicn' shall' be payable by him to the citizen a~ compensatory cost.

.8. Payme~~.·Of :compensatory cost to" ',~' citizen.- At the' time or

. .'. . : :'.. . deliyery of,citiz~n related servic~s, the citizen havi~g applied for such services

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9. ppoin ent of compe't~Hitofficer.- (1), ~ '. "..",•..~

e Government and irf the

case of. a local body, the'local body concerned, shall appoint, by notmcatior:, an .offiC9f r,ot b~Jow the rank of Deputy Secretary or its equivalent rank in th~; case 0'; local body, to act a~ competent- Qffif:~er erppowered to impose cost. . ,. . . . against the government servant defaulting or delaying the delivery of services in accordance ith this Act.

(2) The Government or theiocal body conce ad: as the case may be, shall for the purpose of payment of cost, confer the competent officer the procedure and rules ,as applicable.

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'10. Proce ti-r~ g~ve~i':'g:fiX!ng'of liability.- 1) Within a period of

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cost, the competent officer. ,",

fifteen ~ays ,of ~he' payment 'Of such compensato

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powers of drawlng and disburSement ?fficer in accordance with the law,

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,,~) On sl;lth 'demand' of' compensatory cost by the citizen, at the 'time ~pf delivery of citizen related',services, rt shall be the duty of the competeflt officer to pay such cost to the citizen: against acknowledg ent and receipt as per the fo..mal as p'3scn~.d in the. rules. .. .~

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notice against the ,/

. government .s~rvant found respC?nsib!e for the delay in 'd }ivei)! :oi such citizen

. , ' related servic::s, eallinf,} upon him as "0. why the compe satory cost paid to the. . . . citi~en may not be recovered from him.

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(2)

-"... ..... The 20vern ent servant against whom such notice is issued may", represent within a period of seven days from the date of receipt of such notice.

In·case no. uch repr~.sen~2ti~;·.i~,r~ceive,d.by the co~petent officer

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within the' prescribed period ~r the explanation received, r any, is not found

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satisfactory. the competent officer shall' be entitled to issue debit note directing sllch defaulting government servant either to deposit the cost as

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stipulated in the debit note or di~ectil1g ts'1e accounts officer concerned to debit the salary

of such government servant .for the amau t as mentioned in the debit note:

Prov;deG that if the competent officer finds reasonable and justified grounds in 'favour of such government servant and- co , es to the conclusion. .

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that the delay in th ,delivery of services to the citizen was not attributable to ".. him but was attributable to ~ome other government serv~nt, it shan be lawful for the competent ffieer to witttdraw tOe notice against him and issue fresh show cause notice to' such olher·government servant as found responsible for the delay,and shall follow the procedure mutatis-muta~disas stipulated in this I • I'" .,..' :' • "

sUb-se~tion and ~·u ~~ction (1) of this section.

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(3) , ,While flXing the liability. ~nder this Act, .the competent officer shall follow /

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the principle~ of natural justice cefore passing the orqer in that respect C!iAPTER-1Il

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. 'RIGHT-OF APPEAL AGAIi\~ST THE ORDE FIXING LIABILITY'" ~',. t t' ," t· ~. I"': ..

,. 11. Right of appeal.- (1) Any government sel:Vant aggrieved by the order , t

! ' pa'ssed by the comp~tentofficer in acco~dance with sections 9 and 10 shall be, :,'

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',{. : ...' ... entitled to ~'iie an appeal to the Appell~te Auth!'rity against such order within a. period not exceeding thirty days of the receipt of the impugned order. The order

of the Appenate AuthoritY shell be final and binding:

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(2) For the purpose of' this section, 'the Gave lJlent or the local body

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concerned., as e case may be, shall appoint,an officer to be the Appellate' Officer to hear and decide appeats against the order passed by the competent"'· officer~ The Appellate Offlc~rshall not be 'below the rank of Joint Secretary of ,the Government or its'equivalent rink in the case of a local body.

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CH.-4.PTER...IV

MISCELLANEOUS

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12. Deve~cpin9 ulture to deli 'arsarvices within axed period.- (1) The defaults ~:m tr,e pa

. ,.", f. .. .• of governmenf servant in the fme bound d~livery of citizen related servO005 as defined in this Act shan no be counted towards ...·

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misconduct as the purpose and obJect is to sensitize: the pUblic servant, towards the citizen and

to. enhance and imbibe'a,'culture to deliver time bound

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services to ~he citizens.

(2) In case of habitual defaulter, the competent oift or shaU be competent to take appropriate-admlnistrative,o.ction after recordins afinding to this effect , ' '

but not before giving a show cau~,a notice and apport ntty of hearing to the defaUlting !:)ervant

Explanatio .- For the purpose of this sub-~ection. a government servant shall be d emed to be habit'u'al def~lUlter in case he incurres more'. than twenty five def~ults. in on~ ye:::r.

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(3) To 'en¢ourags,and enh'~:mce,the,efficiency .<;>f,the government s~rvants. .' ...,. ~ .."..... . ':.' .

it shall' be lav'.itul for the ,.compete:1t officer to recorrimend cash incentive not

. .. . , ", ex~eeding'_flYe 'thousand rupees in aggregate in favour of a government seIVant agains~>whom no, deff,u!t is reported i . one year. On such

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not exceeding the amount as recommended i;>y competent officer, alongwith certificate of z.ppreciation.·

13. DeemEd servics" conditi~n.- The provisions ,of this Act shall be',

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deemed to. be part of service condrJ0S!s' of the government servants including such servants of local bodies of the Government.

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14. Supple·~ent.- The provisions of this Act snail be supplemented to the discipfinary nd financial rules and such other service rules and regulations as applicable

t the employees of the Government or locaf body concerned, as . >

the case may ~')e, and not in derog~non to such service ruies and regulations governing the sarvice condition and 'conduct of. e government employees or the employees of the. local body conceme~.

15. Powe t~) rna.ka rules... (1)The Government may, by notitlcation, make " . -- (2) In particulars!. and·~Jithout prejudice to

rules for carrying out the pr~visionsof this Act..

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(!< •• DV· '".!~,.,> I .-;; ...-:/.' e 'generality of the forgoing P9wer,.such rules ~aY:Pl'9videfor'all.or any of the following matters, namely :- . . .. ; .

(a) the ma~nler and^theforms^ofgiving notice under^thisAct;.. ..... ~ . '.

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(d) U·.3 p ocedure pertaining to application governing citizen re'~ted~"

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s·.=;rvices;

(e) the rocedure goveming generation' of application number- oniine; ,

(f)' t:~.e procedure goven1ing managing; maintaining, operating of c .~llin status of the appIi~tionsof citize related services;

(9) c.rlY other matter which is iequired to be, r may be prescribed. .~

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(3) Every rule made under this Act by the Government' shall be laid, as

. . .. .' :. t • ~: ~ •• ," . . soon as may :)e after it is made, 'before t'1e Legisla 've AssemblY of Delhi, while it is in session, for a total period ~f thirty pays ich may be comprised

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in one,session or in two or more· successive sessions, and if before the expiry of session immediateiy following -the session or the successive sessions ':, aforesaid, the l...egislative· Assembly agrees in making any modification in the

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effect to the provisions of.this 0ct). the Government rna • by order published in , .'

the official gazette; make such provisions not inconsi ten~. with the provisions'

. ',- . '. .. of this Act. as ap ear to it· to be necessary or expedient for removing the . . . difficulties:

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. '. . Provided that no such orde s shall be made after t~e expiry of a period - of two years frc:Tl e' date of commencement of this Act.

(2) Every order made under .thi~ section shall,' as soon as may be, after it is

made, be^laidbefore the legislative Assembly of Delhi. .'

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