Punjab act 016 of 2018 : The Punjab Transparency and Accountability in Delivery of Public Services Act, 2018

PUNJAB GOVT. GAZ.

(EXTRA),

JULY

17,

2018

77

(ASAR ^{26, 1940}

SAKA)

PART I

GOVERNMENT ^OFPUNJAB

DEPARTMENT OF LEGAL AND LEGISLATIVE

AFFAIRS,

PUNJA ^B

NOTIFICATION

The 17th

July,

2018

N0.17—Leg./2018.-The

following ^Actofthe

Legislature

ofthe

State^of Punjab

received^theassent ofthe Governor^of

Punjab ^{onthe12th day}ofJuly,

201 8, ^is

hereby published ^for

general

infomiation:-

THE PUNJAB TRANSPARENCY ^ANDACCOUNTABILITY ^IN

DELIVERY OF

PUBLIC SERVICE

ACT,

2018

(Punjab ^{ActNo. 16of201 8)}

AN

ACT

to

provide

for

transparency

and

accountability

in

the

delivery

ofservices to the

eligible person ofthe State of

Punjab

within the

stipulated

time limits and for matters connected therewith and incidental

thereto. BE it enacted

by

the

Legislature

ofthe State of

Punjab

in the

Sixty—ninth Year ofthe

Republic

oflndia as follows:-

1.

(1)

ThisAct may be called the

Punjab Transparency

and

Accountability

Short title and in

Delivery

of

Public Service

Act,

2018.

mmmcncemem'

(2) ^Itshall^comeintoforce^{onand with}effect^{fromthedateofits} publication ^intheOfficial Gazette.

2. In

this

Act,

unless the context otherwise

requires, ^-

Definitions- (a)

"Accountability"

means^the

answerability

ofthe

public

servant^for various acts ofomission and commission in the

delivery ofpublic service;

(b)

"Appellant"

means^a

person^{who has}filed^an

appeal ^orrevision under this

Act; (c)

"Appellate

Authority"

means^an

officer,

notified^assuch

under section

3;

((1)

"Chief Commissioner" means^the

ChiefCommissioner

appointed under section

12;

78 PUNJAB GOVT. GAZ.

(EXTRA),

JULY

17,

2018

(ASAR ^{26, 1940}

SAKA)

(6)

(1') (g) (h) (i) (k)

(1)

(m)

"Commission"

means the

Punjab

Transparency

and

Accountability Commission,

constituted under

section

12;

"Department"

means^theconcerned

department ^oftheGovernment of

Punjab;

.

"Designated

Officer"

means^anofficer ^orofficial notified ^assuch under section³for

providing

public

service ^tothe

eligible person;

"electronic

mode" means

any method, process ^or

application ^to deliver any service

electronically including,

but ^notlimited^to Government to

Government,

Government^tocitizen ^orGovernment to business

transactions,

data

interchange

and

other

digital supply transactions whether conducted

by

e—mail,

mobile

devices,

social media,

cloud

computing,

document

management,

voice ^{or data} transmission or

otherwise;

"electronic service

delivery"

means the

delivery

of

public

service through

electronic

mode;

"eligible

person"

means^a

person^whois

eligible ^for

obtaining ^a public

service notified under section ^3;

"Government" means

the Government

of Punjab

in

the

Department ofGovernance Reforms and Public

Grievances;

"prescribed"

means

prescribed by

rules^madeunder^{this Act;}

"public authority"

means,—

(a) any department ^or

authority ^ofthe

Government;

(b) any organization ^or

authority ^or

body ^or

corporation ^or institution or a

local

authority,

established or constituted- (i)

by ^or

under^theConstitution ^of

India, ^inthe

State; (ii)

by ^orunder

any^{law made}

by ^the

Parliament^orthe Legislature

ofthe State

ofPunjab; (iii)

by

notification issued

by ^theGovernment^of

Punjab;

(c) ^and

includes, ^an

institution, ^a

co-operative society, ^a Government

Company

or an

authority

in which the

State Government has substantial

control;

PUNJAB GOVT. ^GAZ.

(EXTRA),

JULY

17,

2018 79

(ASAR ^{26, 1940}

SAKA)

(n)

"public

service"

includes^the

service notified^{fromtimetotime}under section

3,

whether electronic ^orother

service;

(0)

"section"

means section ofthis ^Act;

(p) "stipulated ^timelimit" means^themaximum^{time as}

specified

by ^the Government ^to

provide

the

public

service

by

the

Designated

Officer or to decide

the

appeal

by

the

Appellate Authority;

and

(q) "transparency"

means^the

duty ^ofa

public

servant ^toactinan accountable and

transparent

manner.

3

(l)

The

Government may, by

notification,

from time^to

time,

specify-

(a) ^the

public

services^towhich ^thisActshall

apply;

(b) ^the

Designated

Officer^andthe

Appellate Authority ^foreach public

service;

(c) ^thetime

limit^for

delivery

ofevery

public

service;

(d) ^feeforevery service.

(2) ^The

public authority

shall ^be

responsible ^for

providing ^allservices in a unified service

delivery

mode as far as

possible.

4.

Every Designated

Officer and his subordinates shall

provide

the

public service, ^asnotified

by ^theGovernment^fromtimeto

time, ^tothe

eligible person, within the

stipulated

time

in a

transparent

manner:

Provided that the

stipulated

time limit may be extended to such

extent,

as may be notified

by

the Government

during

the

period

of

elections,

natural calamities or such other

eventualities.

5.

(l)

The

public authority

shall,

subject

to the

legal,

technical and financial feasibility,

deliver^allservices

by

electronic^modewithin^a

period ^of

three years from the date of commencement of this

Act, except

such

services,— (a)

which cannot^be

delivered

electronically; (b)

which^canbe

delivered

electronically ^butthe

public authority,

notifies not to deliver such services

electronically

for the reasons to be specified ^insuch

notification:

Provided that the

public

authority

shall

consult the Government before

notifying any services under

clause

(b):

Notification of public

service, Designated Officers, Appellate Authorities and stipulated ^time limit,

Right ^toobtain service

(including electronic service delivery)

within stipulated ^time limit.

Electronic service delivery ^to

enhance

transparency ^and accountability.

Providing

Public service within

the stipulated ^time limit.

80 PUNJAB

GOVT. GAZ.

(EXTRA),

JULY

17,

2018

(ASAR ^{26, 1940}

SAKA)

Provided

further^thatsuch

period

of

three years may^beextended by ^the

Government^forafurther

period ^not

exceeding ^two

years ^onthe recommendations ^ofthe

public authority.

(2) Every public

authority

shall

publish

within^onehundred^and

eighty days ^fromthecommencement^{ofthis Act, thelist of}

public

services, ^tobe delivered

by ^itin electronic

mode.

(3) ^The

public

authority

shall,

after^the

publication ^ofthelistunder sub-section

(2),

review^{the sameand}

notify ^onthe

lstday ^of

January

ofevery year—

(a) ^the

public

service

which shall ^bemadeavailable

through electronic mode

and

otherwise;

(b) ^the

manner^ofsuch

services^{as maybe}

prescribed; ^and

(c) ^such

other information^{as maybe}

prescribed.

(4) ^The

public

authority

while

reviewing ^thelistunder sub—section

(3),

by

notification, ^omitoraddanypublic

service ^insuchlist:

Provided that any omission in the list shall ^be

subject ^tothe

approval

of the Government.

(5) ^TheGovernment may,^fromtimeto

time,

notify

electronic governance standards,

in such manner^as

may be

prescribed, being ^not inconsistent ^withelectronic governance standards notified

by

the

Central Government, ^as

may^benecessary^for

ensuring inter-operability, integration, harmonisation,

availability through multiple

channels^and

security

ofelectronic service and data.

6.

(1)

The

stipulated

time limit shall start from the date when the

required application, complete ^{in all}

respects, ^fora

public

service^issubmitted^tothe Designated

Officer^{or toa}

person authorized^toreceive^the

application ^insuch manner as

may be

prescribed.

The

receipt

of each

application

shall be

duly acknowledged by ^the

Designated

Officer^ortheperson authorized^to

receive the

application.

(2) ^The

Designated

Officer, ^on

receipt ^ofthe

application

under^sub— section

(1)

shall,

within the

stipulated

time either

directly

or

through

an officer duly

authorized

by ^him

provide ^suchservice^or

reject ^the

application ^andin case of

rejection

of the

application,

shall record the reasons in

writing

and intimate the same to

the

applicant.

PUNJAB GOVT. GAZ.

(EXTRA),

JULY

17,

2018 81

(ASAR ^{26, 1940}

SAKA)

(3) Every Designated

Officer shall maintain detailed

records^of

services applied ^{for ina}

format,

preferably ⁱⁿelectronic

format, ^{as maybe}

prescribed.

7.

(1)

The

provisions

of this Act shall be deemed ^tobe^a

part

of the service

conditions ofthe

Designated

Officer, any person subordinate ^tohim who is authorized ^to

provide

the

public

service and the

Appellate Authority.

(2)

Every public authority may^take

steps ^toreduce ^thedemand ^from an

eligible person

to submit various

certificates,

documents,

affidavits etc. for obtaining public

service^and

shall endeavour ^toobtain^such

information^and documents

directly

from the

departments ^or

public

authority

concerned.

(3) ^TheCommission

shall devise^themechanism ^forevaluation^and Developing

culture to deliver

public

service within

stipulated time

limit^and Benchmarks of performance levels.

benchmarking ^the

performance ^ofthe

public authority ⁱⁿ

delivery ^of

public ^, service ⁱⁿ

the manner

prescribed.

(4) ^Allthe

Designated

Officers^andthe

Appellate Authority

shall

undergo periodic training ^toenhance^and

ensure^timebound

delivery ^ofthe

public service in a

transparent

manner.

8.

(1

) Any eligible person, whose

application

for

obtaining

service is

rejected or who is not

provided

the

public

service within the

stipulated

time

limit, may file an

appeal

before the

Appellate Authority, ⁱⁿ

the manner

prescribed,

within thirty days ^{from thedateof}

rejection ^orthe

expiry

ofthe

stipulated ^time

limit, as the case

may be:

Provided that the

Appellate Authority may, in

exceptional

cases, admit the

appeal

even after the

expiry

of the

period

of

thirty days,

subject

to the maximum

period

of ninety days,

if it is

satisfied that the

appellant

was

prevented by

sufficient reason^from

filing ^the

appeal ⁱⁿ

time.

(2) ^The

Appellate

Authority may direct^the

Designated

Officer^to

provide the service to the

eligible person within such

period

as it may

specify

in

its order but which shall not

ordinarily

exceed the

stipulated

time,

or it may reject the

appeal

after

recording

the reasons in

writing

for such

rejection.

The

Appellate Authority

shall decide^the

appeal

within^a

period ^of

thirty days ^{fromthe dateof} filing ^ofthe

appeal:

Provided

that,

before

deciding

the

appeal,

the

Appellate Authority

shall give ^an

opportunity ^ofbeing

heard^{to the}

Appellant ^{aswellasto the}

Designated Officer or

any ofhis subordinate

duly

authorized for

this purpose. Right ofappeal.

Powers vested with

Appellate Authority. Default or

delay on the

part

ofthe Designated Officer or his subordinate officer/Officials.

82 PUNJAB GOVT.

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2018

(ASAR ^{26, 1940}

SAKA)

9.

(l)

The

Appellate Authority,

while

deciding ^an

appeal

under

the provisions

ofthis ^Act,

shall ^{havethe same}

powers ^{as are}vested^inacivil

court while

trying ^asuit under

the Code of Civil

Procedure,

1908,

in

respect

ofthe following

matters,

namely ^:—

(a) enforcing ^theattendance ^ofpersons, compelling ^{them to}

give oral or written evidence ^onoath and

producing

documents ^or things;

(b)

requiring ^the

discovery ^and

inspection ^ofdocuments;

(c) receiving

evidence ^on

affidavits;

(d) requisitioning any public

records^or

copies

thereoffrom^any court ^or

public authority;

(e) issuing

summons^forexamination

ofwitnesses^or

documents; and

(0 any other matter which may^be

prescribed.

(2) ^The

Appellate

Authority

shall^havethepowers ^totakesuo-moto notice of failure to deliver service

in accordance with the

provisions

ofthis^Act in

public

interest,

and ^to

pass^suchorder^asthefacts^andcircumstances ofthe case

may

warrant:

Provided that before

passing

an adverse

order,

a reasonable

opportunity of

being

heard,

shall be

given

to the

eligible person and/or the

Designated Officer.

10.

(1)

Ifthe

Appellate Authority

is ofthe

opinion

that the

Designated

Officer and/or any other

Official involved in the process of providing

such

service has/ have failed to

provide

the

public

service without sufficient and reasonable cause, it

shall

impose ^a

penalty ^onthe said officer^or

Official,

which shall not be less than rupees five

hundred,

but

which may extend

upto rupees five thousand, ^orofsuch

amount, ^as

may^berevised

by ^the

Government, ^from time to

time,

by

notification in the Official Gazette.

(2)

Ifthe

Appellate Authority ^isofthe

opinion ^thatthe

Designated

Officer and/or any other

Official involved in the process of

providing public

service has/have caused undue

delay

in

providing

the

service,

it may impose

a

penalty on the said

officer or official at the rate as

may be notified

by

the

Government from

time to time:

PUNJAB GOVT. ^GAZ.

(EXTRA),

JULY

17,

2018 ⁸³

(ASAR ^{26, 1940}

SAKA)

Provided that

the

Designated

Officer and/or any other Official involved in the process of providing public

service shall be

given ^areasonable

opportunity of

being

heard

before any penalty

is

imposed ^onhim/them

by

the

Appellate Authority.

(3) ^The

Appellate

Authority^may,ifitissatisfied^thatthe

Designated Officer

and/or any other

Official involved ^intheprocess^of

providing public service

has/have

repeatedly

failed^to

discharge ^theduties

assigned

under ^this Act without sufficient

and reasonable cause, recommend

disciplinary

action against ^thedefaulters under ^theservice rules

applicable ^totheminaddition^to the

penalty imposed

under the

preceding

sub-sections. l l.

(1)

The

penalty imposed

on the

Designated

Officer and/or any other Official involved in the process of

providing

such service for the

delay ^or default,

shall^berecovered^fromthe

salary

ofthe

Designated

Officer^orhis/her subordinate in the

proportion,

as ordered

by ^the

Appellate

Authority, ^asthe case

may be.

(2) ^The

Appellate Authority

may, by ^an

order,

give ^suchamount^as compensation ^tothe

appellant ^outoftheamount^of

penalty imposed

under section

10,

as

may be

specified

by

it,

which shall not exceed the total amount ofpenalty ^so

imposed. Penalty ^to

pay compensatory cost to

appellant. l2.

(1)

The Government shall constitute a Commission for the purposes of Constitution of this

Act,

by issuing

a notification in the Official Gazette:

Provided that till the time the Commission is

constituted,

the Government may, by

notification in the

Official

Gazette,

entrust the powers and functions ofthe

Commission to the Administrative

Secretary in-charge

of the

Department ofGovernance Reforms and

Public Grievances.

(2) ^The

Commission shall^beaoneman

Commission headed

by ^the ChiefCommissioner.

(3) Any

retired^or

serving

officer ofthe^rankofAdditional Chief Secretary or

Financial Commissioner to

the

Government

of Punjab

or

Additional

Secretary to

the Government of

India or

above may be

appointed by

the Government as the

Chief Commissioner to

perform

the functions and exercise the powers of the

Commission under this Act.

(4) ^The

headquarter ^oftheCommission shall^beat

Chandigarh ^orat such

other

place,

as

may be

notified

by

the Government

from time to

time. the Commission.

Terms of office and conditions of service ^ofthe Chief

Commissioner. Removal and suspension

ofthe Chief Commissioner from

office.

84 PUNJAB GOVT,

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(EXTRA),

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(ASAR ^{26, 1940}

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(5) ^TheGovernment shall

provide ^a

Secretary ^tothe

Commission, who

shall ^bea

serving

officer of

the

State

Government,

and such other staff ^as

may be necessary ^toenable

the Commission ^to

perform

its functions and

discharge its duties

efficiently

under this ^Act.

13.

(1)

The ChiefCommissioner

shall

hold office

for^aterm of five years from the

date ^onwhich he

enters

upon his office ^oruntil

he attains the^age of

sixty-five

years, whichever ^isearlier^andshall ^notbeentitled for

re—appointment.

(2) ^TheChief Commissioner

shall,

before^he

enters ^upon his

office, make and subscribe to, before the

Governor ^orsomeother person appointed by ^himinthat

behalf, ^{anoath or}affirmation

according ^tothe form ^setoutfor the

purpose in

the Schedule.

(3) ^Thesalaries^andallowances

payable ^toandother

terms^andconditions of service

of the Chief Commissioner

shall be ^{the sameas}that of ^theState Chief Information Commissioner ^{aslaiddown in}sub—section

(5)

ofsection ¹⁶ of the

Right ^toInformation

Act,

2005.

(4) ^TheChief Commissioner^may,by

notice ⁱⁿ

writing

under^hishand addressed ^tothe

Governor,

resign ^fromhisoffice:

Provided ^thatthe Chief Commissioner

shall,

unless ^heis

permitted

by the Government ^to

relinquish

his office sooner, continue ^tohold office until the expiry ^ofonemonth^{fromthedateof}

receipt ^ofsuchnotice ^oruntil ^a

person duly appointed ^ashissuccessor enters ^uponhis

office, ^oruntil ^the

expiry

ofhis term of office,

whichever

is earlier.

14.

(1)

The ChiefCommissioner

shall ^notbe removed

from his office

except by ^anorder

by ^theGovernment ^onthe

ground ^ofproven misbehavior ^or incapability

after ^an

inquiry ^as

prescribed ^{by the}Governmentⁱⁿwhich^the Chief Commissioner

had been informed ofthe

charges against ^himand

given ^a reasonable

opportunity

of being

heard ⁱⁿ

respect

of ^such

charges.

(2) ^The

Government^may,by

rules,

regulate ^the

procedure ^forthe

inquiry of misbehavior ^or

incapability

of the ChiefCommissioner referred ^toinsub— section

(1).

(3) Notwithstanding anything

contained ⁱⁿsub-section

(2), ^the Government may, by

order,

remove the Chief Commissioner from

his

office, if he ^——

(a) ^{is, orat}

any^timehas

been,

adjudged ^an

insolvent; ^or

PUNJAB GOVT. ^GAZ.

(EXTRA), ^JULY

17, ²⁰¹⁸⁸⁵

(b)

(C)

(d) (e) (1')

(ASAR ^{26, 1940}

SAKA)

has

engaged ^at

any time,

during ^histermof office,

in any paid employment; ^or has been convicted of^anoffence

which,

in the

opinion

of

the Government,

involves moral

turpitude; ^or has

acquired

such financial^orother

interest^asis

likely ^to affect

prejudicially

his

functions^as

ChiefCommissioner; ^or has so abused his

position ^astorender his continuance

in office

prejudicial ^tothe

public

interest; ^or has

become

physically ^or

mentally incapable ^ofacting ^asChief Commissioner.

15.

(1)

The Commission shall monitor

the

implementation

ofthis ^Actona regular

basis.

(2)

Without

prejudice ^tothe

provisions

containedⁱⁿ

sub-section

(1),

the functions of the

Commission

shall, amongst

other

things,

include ^the following, namely:— (a)

(b)

(C)

(d) (e) monitoring ^the

publication ^ofservices^tobe

delivered^and adherence to the time

schedule,

manner of delivery

and

quality of such

services notified

by

the

Government; advise for redressal of the

public

grievances

with

regard

to

the non-availability ^of

public

serviceⁱⁿelectronic^modeand/or any deficiency

in

electronic service

delivery; recommend

changes

in the

procedure

for

delivery

of

public service which shall make the

delivery

more

transparent, efficient and

friendly:

Provided

that,

before

making

such a

recommendation,

the Commission shall consult the

Administrative

Secretary

ofthe Department

which ^istodeliver^the

public

service; ask

Government to seek

feedback/response

from the citizens about their

experience

in

availing

the services from the

public authority ^andreview^thesame; hear and

decide the revision with

regard

to

default and/or delay ⁱⁿ

delivery ^ofpublic

service

filed before

it, ^as

provided for in section

16; Powers and functions ofthe Commission.

Revision and suo-moto

powers.

86 PUNJAB GOVT.

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(EXTRA),

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2018

(ASAR ^{26, 1940}

SAKA)

(1') ^takeonitsownmotion notice offailure^todeliver

public

service in accordance

with this ^Actand refer

such cases^to

public authority ^for

disposal ^asitmaydeem

appropriate; ^and

(g) performing ^anyother function^{as maybe}

prescribed.

16.

(1) Any eligible person ^or

Designated

Ofiicer,

aggrieved by

any order ofthe

Appellate Authority, may make^an

application

for

revision ofthe said order to the Commission

in

this

respect

within^a

period

of

sixty days

from the date of such

order,

which shall be

disposed

of in the manner ^as

may be prescribed:

Provided that the Commission may entertain the

application

after the expiry

ofthe^said

period ^ofsixty days, ^ifitissatisfied^thatthe

application

could not be submitted

in

time

for a reasonable cause.

(2) ^TheCommission

shall,

while

inquiring ^intoany

matter under^this section, ^{havethe same}

powers ^asarevested^inacivil court while

trying ^asuit under the Code of Civil

Procedure,1908

in

respect

of

the

following

matters, namely:— (a)

enforcing ^theattendance ofpersons, compelling ^themto

give oral ^or

written evidence ^on

oath and

producing

documents or things;

(b)

requiring ^the

discovery ^and

inspection ^ofdocuments;

(0)

receiving

evidence^on

affidavits; (d)

requisitioning any public

records ^or

copies

thereof^fromany court ^or

public

authority; (e)

issuing

summons^forexamination ^ofwitnesses^or

documents;

(f) any other matter which may^be

prescribed.

(3)

While

deciding ^therevision

petition ^or

otherwise, ^theCommission may, impose ^a

penalty up ^to

rupees ^tenthousand per ^caseonthe

Designated Officer or

any other officer or

official involved

in

the process of providing

the public

service under ^{this Act,}

ifthe Commission ^isofthe

opinion ^{that the} person concerned

has failed without sufficient cause in

due

discharge

of the duty ^cast

upon^him:

Provided that the person concerned shall be

given

a

reasonable

opportunity of

being

heard before any

penalty

is

imposed upon him:

PUNJAB GOVT. GAZ.

(EXTRA),

JULY

17,

2018 87

(ASAR ^{26, 1940}

SAKA)

Provided further that ^the

Commission,

by ^an

order, may give ^suchamount as

compensation

to the

Appellant

out of

the amount of

penalty imposed,

as may be

specified

by

it,

which shall^notexceed the

total amount of

penalty ^so imposed.

(4) ^The

Commission,

wherever^itdeems

fit,

shall ^havethepower ^to recommend

departmental inquiry against

any Designated

Officer ^or

Appellate Authority, ^whohave

repeatedly

failed ^indue

discharge ^offunctions ^{cast upon} them

under this ^Act.

17. The Government shall consider

the recommendations

made

by

the Commission

under section ^16andsend information^tothe Commission ofthe action taken ^onsuch

recommendations,

within^a

period

of

sixty days ^orsuch time

thereafter,

as

may be decided

in consultation

with the Commission.

1 8.

person for

anything

done^orintended ^tobe done in

good

faith

under this Act ^or

(1) ^No

suit,

prosecution ^orother

legal proceeding

shall ^lie

against^any any rules

made thereunder.

(2) ^Noactdoneor

proceedings

taken under^thisAct

by ^theCommission shall be invalid

merely by

reason ofdefect^or

irregularity

in

its

constitution.

19. No civil court shall

havejurisdiction

to entertain any suit^or

proceedings in

respect

ofany

matter the

cognizance

ofwhich can be taken and

disposed

of by any authority empowered by ^{thisAct orthe}rules^or

regulations ^made thereunder.

20.

rules to

carry

out the purposes ofthis Act.

(1) ^TheGovernment may, by

notification, ^{in the}Official

Gazette, ^make

(2) Every ^rulemade

by ^theGovernment under^{this Act,}

shall^be

laid, as soon

as

may be after it is

made,

before the House

ofthe State

Legislature, while it is in

session,

for a total

period

often

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, ^theHouse agreesⁱⁿ

making any modification^inthe

rules^orthe House 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. However, any^such

modification^orannulment

shall^be

without

prejudice ^to the

validity

of anything previously

done under that rule. Action

by Government ^on recommendations ofCommission. Protection of action taken ⁱⁿ good

faith.

11

Power to

remove difficulties. Repeal ^and saving.

88 PUNJAB GOVT. GAZ.

(EXTRA),

JULY

17,

2018

(ASAR ^{26, 1940}

SAKA)

21. If any difficulty

arises,

in

giving

effect^tothe

provisions

ofthis

Act,

the Government may, by

order, ^notinconsistent with the

provisions

of this

Act, remove the

difficulty:

Provided that ^nosuch order shall be made after the

expiry

of ^a

period

of two

years from the commencement of

this Act.

22.

(1)

The

Punjab Right ^toService

Act,

20l1

(Punjab ^ActNo. 24 of 2011), ^is

hereby repealed.

(2)

Notwithstanding ^such

repeal,

anything ^{done or}

any action taken under the

Act,

referred to in

sub-section

(1)

, shall be deemed to have been done or taken under

the

provisions

ofthis Act.

SCHEDULE

[See

section

13(2)]

Form oanth or

Affirmation to be made

by

the

ChiefCommissioner

"I ................... having

been

appointed

Chief Commissioner W that

Iwill

bear true faith and

allegiance

to solemnly

affirm the Constitution of India as

by

law

established,

that

I

will

uphold

the

sovereignty and

integrity

of

India,

that I will

duly

and

faithfully

and to

the best of my ability, knowledge

andjudgment perform ^the

duties

ofmy

office without^fear or

favour,

affection or ill-will and

that

I

will

uphold

the Constitution

ofIndia and

the laws made

thereunder."

VIVEK

PURI,

Secretary ^to

Government^of

Punjab, Department ^of

Legal ^and

Legislative

Affairs. 1553/7-2018/Pb. Govt.

Press,

S.A.S.

Nagar