104 HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014
(CHTR: 5, 1936 SAKA)
HARYANA GOVERNMENT
LAW AND LEGISLATIVE DEPARTMENT
Notification
The 26th March, 2014
No. Leg. 7/2014.—The following Act of the Legislature of the State of Haryana received the assent of the Governor of Haryana on the 22nd March, 2014, and is hereby published for general information -—
(HARYANA ACT NO, 4 OF 2014)
THE HARYANA RIGHT TO SERVICE ACT, 2014
AN
ACT
io provide for the delivery of service to eligible person within the notified time
limits and for matters connected therewith and incidental thereto. Be it enacted by the Legislature of the State of Haryana in the Sixty-fifth Year of the Republic of India as follows:—
Shart title 1, This Act may be called the Haryana Right to Service Act, 2014.
Definitions 2. Im this Act, unless the context otherwise requires,—
(a) "Commission" means the Haryana Right to Service Commission constituted under section 12,
(b) "days" means the working days referred to as the time limit:
(c) "Designated Officer" means an officer as notified under section 3;
(d) "eligible person" means a person who Is eligible for obtaining services notified under section 3,
fe) "First Grievance Redressal Authority" means an officer who is
notified as such under section 3,
(f) "prescribed" means prescribed by rules made under this Act;
(2) "right to service" means a right to obtain the service within the notified time limit;
(h) "Second Grievance Redressal Authority" means an officer who is notified as such under section 3:
(i) "section" means a section of this Act:
(j) "service" means service notified under section 3; tk) "State Government" means the Government of the St ate of
Haryana;
(1!) "time limit" means maximum time to provide the service by the
Designated Officer as notified under section 3.
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HARYANA GOVT, GAZ. (EXTRA.), MAR. 26. 2014 105
(CHTR. 5, 1936 SAKA)
3. (Ll) The State Government on the recommendations of the Commission may, by notification from time to time, notify the services and time limit to which this Act shall apply,
(2). The State Government may, by notification, notify the Designated Officer, First Grievance Redressal Authority and Second Grievance Redressal
Authority.
4, The Designated Officer shall provide the service to the eligible person within the notified time limit,
5. (1) Anetigible person shall make a duly filled in application to the Designated Officer for obtaining any service.
(2) The Designated Officer shall, on receipt of an application under sub-section (1), provide service or reject the application within the notified time limit and in case of rejection of application, shall record the reasons in writing and intimate the same to the applicant.
(3) Every Designated Officer shall maintain detailed record of services applied for, in such format, as may be prescribed,
(4) Notified time limit shall start from the date when requisite complete application for notified service is received by the Designated Officer or a person subordinate to him authorized to receive the application, Such application shall be duly acknowledged.
6. (lh) Any eligible person, whose application for obtaining service is rejected under sub-section (2) of section 5 or who is not provided the service within the notified time limit, may file an appeal to the First Grievance Redressal Authority within thirty days from the date of rejection or the expiry of the notified time limit, as the case may be:
Provided that the First Grievance Redressal Authority may admit the appeal after the expiry of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On receipt of an appeal under sub-section (1), the First Gnevance Redressal Authority shall consider the matter and if, in its opinion the grievances of the eligible person appears to be genuine, it may direct the Designated Officer t o
provide the service within seven working days. or such period as may be specified by it and in case of default, to appear before it in person and explain reasons thereof.
(3) After.affording an opportunity of hearing to the Designated Officer and the eligible person, the First Grievance Redressal Authority may pass a reasoned order in writing either accepting the appeal or rejecting the same. Decision in appeal shall be communicated to both the parties by registered post. Notification of
services, ime
limit, Designated
Officers, First
Grievance
Redressal
Authority, Second
Grievance
Redressal
Authority.
Providing of
service
Procedure for
obtaining service.
First appeal.
2
Second appeal. Power 10 summon and inspection Penalty.
106 HARYANA GOVT. GAZ. (EXTRA), MAR. 26, 2014
(CHTR, 5, 1936 SAKA)
(4) Anappeal made under sub-section (1) shall be finally disposed of by the First Grievance Redressal Authority within a period of thirty days of its receipt,
7. (1) Anycligible person, whose appeal for obtaining service is rejected or who is not provided the service within the time specified in the order accepting the appeal by the First Grievance Redressal Authority under section 6, may file an appeal to the Second Grievance Redressal Authority within sixty days from the date of such rejection or the expiry of the time specified by the First Grievance Redressal Authority:
Provided that the Second Grievance Redressal Authority may admit the appeal after the expiry of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) On reecipt of an appeal under sub-section (1), the Second Grievance Redressal Authority may passa reasoned order in writing etther accepting the appeal and directing the Designated Officer to provide service to the eligible person within seven working days or within such period, as may be specified or reject the same in writing detailing the reasons for.such rejection:
Provided that before rejecting the appeal, an opportunity of hearing to the eligible person shall be granted by the Second Grievance Redressal Authority:
Provided further that an order made by the Second Grievance Redressal Authority under this section shall be communicated to both the parties by registered post:
Provided further that the appeal made under sub-section (1) shall be decided by the Second Grievance Redressal Authority within a period of sixty days from the date of receipt af appeal, as far as possible.
8 The First Grievance Redressal Authority and the Second Grievance Redressal Authority shall, while deciding an appeal under the provision of this Act, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:—
(a) requiring the production and inspection of documents; (b} issuing summons for hearing to the Designated Officer and the appellant; and
(c) any other matter, which may be prescribed. 9, (1) Where the Second Grievance Redressal Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has failed to provide service without sufficient and reasonable cause, it may impose a lump sum penalty on the Designated Officer and/or any other official involved in the process of providing such service, which shall not be less than two hundred and fifty rupees and not more than five thousand rupees in each case.
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HARYANA GOVT. GAZ, (EXTRA.), M
AR. 26, 2014 Lo?
(CHTR. 5, 1936 SAKA)
(2) Where the Second Grievance Re dressal Authority is of the opinion that the Designated Officer and/or a ny other official involved in the process of providing such service has/have caused undue delay in providing the service, it may impose a penalty up to the rate of two hundred and fifty rupees per day for such delay on the Designated Officer and /or any official involved in the process of providing such service, which shall not be more than five thousand rupees in each
Case:
Provided that the Designated Officer and/or a ny other official
involved in the process of providing s uch service shall be given a reasonable oppertunity of bemg heard before any penal ty is imposed under sub-sections (1) and (2),
(3) The Second Grievance Redressal Author ity may, by an order,
give as compensation an amount up to one thousand rupees to the appellant to be paid by the Designated Officer or amy other of ficial, as the case may be.
(4) The Second Grievance Redressal Auth ority may, if it is satisfied that the Designated Officer and/or any other of ficial involved in the process of providing such service has/have failed to disc harge the duties assigned under this Act without sufficient and reasonable cause, recommend disciplinary action against the defaulters under the service rules applicable to them in addition to the penalty imposed under sub-section (1).
10, Any person who is aggrieved by any order of the Second Grievance
Redressal Authority, may file revision before the Commission within a period of
ninety days from the date of such order:
Provided that the Commission may entertain the application after the
expiry of the said period of ninety days, if it ig satisfied that the revision could not be filed in time due to a reasonable cause.
11. Notified services under this Act for which time limit have been framed
shall be displayed locally and on website by t he Secretary of the Department
concerned for information of the public.
12. (1) The State Government shall constitute a Commission to be called
the Haryana Right to Service Commission for t he purpose of this Act.
(2) The Commission shall be a statutory body, known by the aforesaid
name having perpetual succession and a commo n seal with power, subject to the provisions of this Act, to acquire, hold and disp ose of property, both movable and
immovable and to contract and shall, by t he said name, sue or be sued,
(3) The Head Office of the Commission shall be at Chandigarh or
Panchkula, as the State Government may notify.
13. (1) The Commission shall consist of a Chief Commissioner and upto
four Commissioners and their appointment shall be made by the Governor on the recommendation of a Committee consisting of the Chief Minister, who shall be the Chairperson of the Committee, leader of the opposition and one Cabinet Minister, to be nominated by the Chief Minis ter.
Revision
Display of
serviers and the
notified time Limit
Constitution of
Commission.
Composition of
Commission.
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Powers of Chief Commissioner, Ten of office and conditions of service of Chief Commissioner and Cammissioners. LO# HARYANA GOVT. GAZ. (EXT
RA.), MAR. 26, 2014
(CHTR. 5, 1936 SAKA)
(2) The Chief Commissioner shall be a s erving of retired officer in the rank and status of the Chief Secretary of the State of Haryana or Secretary to the Government of India.
(3) Atleast two of the Commissioners sh all be retired officers of the Government of Haryana in the rank and status o f a Administrative Secretary or its equivalent rank and status in any of the services of the State, including officers of All India Services from the Haryana cadre and oth er Commissioners shall be persons
of eminence in public life with atleast twenty years experience in management,
law, administration or corporate governanc e.
14, (1) The Chief Commissioner shall have powers of general
superintendence and direction in the condu ct of the affairs of the Commission. The Chief Commissioner shall preside over th e meetings of the Commission as
well as exercise and discharge the powers and functions of the Commission
vested in him in accordance with the regulati ons framed under sub-section (4) of section 17,
(2) In case of absence of the Chief Commission er or a vacancy in the
office of the Chief Commissioner, the State Gove rnment may nominate one of the
Commissioners to perform the functions and exercise the powers vested in the
Chief Commissioner subject toa maximum pe riod of six months.
(3) A Commissioner nominated to discharge the functions and powers
of the Chief Commissioner under sub-sect ion (2) shall not be entitled to amy compensation, allowance or facility in addition to what he would be entitled to as a Commissioner,
15. (1) The Chief Commissioner and the Comm issioners shall hold office
for a term of five years from the date on wh ich they enter upon the respective offices, or until they attain the age of sixty-five y ears, whichever Is earlier and they
shall not be eligible for re-apporntment.
(2) If a person already holding an office is appointed as the Chief
Commissioner or the Commissioner, he sha ll resign or seek retirement from that office before joining-the Commission.
(3) The Chief Commissioner or the Com missioner shall, before he enters upon his office, take an oath of allegianc e before the Governor or some other person appointed by him in that behalf , according to the form set out for th e
purpose in the Schedule annexed to the A ct.
(4) The salaries and allowances payable to and other terms and
conditions of service of the Chief Commi ssioner and the Commissioners shall b e
the same as those of the State Chief Information Commissioner and the St ate
Information Commissioners, respectively a s laid down in sub-section (5) of section j6 of the Right to Information Act, 20 05 (Central Act 22 of 3005).
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HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014
109
(CHTR. 5, 1936 SAKA)
(5) The State Government shall provide the Co mmission with a
Secretary from HCS cadre, a Secretary General and such other officers and
employees to be hired by the Commission, as may be nece ssary for the efficient
performance of the Commission under this Act, The salari es, allowances and
conditions of service of the officers and other employces so appointed shall be
such, as may be prescribed.
(6) The State Government shall provide adequate funds for s mooth
functioning of the Commission.
16. (1) The Chief Commissionet or Commissioner may, at any time by
writing under his hand, addressed to the Governor of the State, resign fro m his
olfice,
(2) The Chief Commissioner or any Commissioner shall be remov ed
from his office only by order of the Governor on the ground of proven misconduct,
misbehavior or incapacity, after the Punjab and Haryana High Court, ona r eference
made to it by the Governor, has on inquiry, reported that the Chief Commi ssioner
or any Commissioner, a8 the case may be, ought to be removed on such ground.
(3) The Governor may suspend from office, and if deem necessary, prohibit also from attending the office during inquiry, the Chief Commiss ioner or
the Commissioner, in respect of whom a reference has been made to the P unjab and
Haryana High Court under sub-section (2), until the Governor has passed orderson
receipt of the report of the Punjab and Haryana High Court on such ref erence.
(4) Notwithstanding anything contained in sub-sections (1) and (2), the Governor may, by order, remove from office the Chief Co mmissioner or
Commissioner, as the case may be, if he;—
fa) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the Governor, involves moral turpitude: or
(c) engages during his term of office in any paid employment outside the duties of his office: or
fd) is, in the opinion of the Governor, unfit to continue in office by reason of infirmity of mind or body; or
ic) has acquired such financial or other interest as is likely to
affect prejudicially his functions as the Chief Commissioner or Commissioner.
(5) If the Chief Commissioner or Commissioner in any way is concerned or interested in any contract or agreement made by or on b ehalf of the
Government of the State or participates in any way in the profi t thereof or in any
benefit or emoluments arising there from otherwise than as a member and in common
with the other members of an ncorporated company, he shall, for t he purposes of
sub-section (2), be deemed to be guilty of misconduct. Resignation,
removel and
suspension of
Chief
Commissioner or
Commissioners.
6
Lid HARYANA GOVT. GAZ. (EXTRA.
). MAR. 26, 2014
(CHTR. 5, 1936 SAKA)
Powers and 17. (f) It shall be th e duty of the Commission to ensure proper functions of
Conimission,
implementation of this Act and to make suggestion s to the State Government for
ensuring better delivery of services. For this purpose the Commission may,—
(a)
(b)
ic)
td)
(©)
entertain and dispose of revisions under sectio n 10;
i
take suo mote notice of failure to deliver service in
accordance with this Actand refer such cases f or decision to
the First Grievance Redressal Authority or the Second
Grievance Redressal Authority or pass such order, a s may he
appropriate,
carry out inspections of offices entrusted with the delivery
of services and the offices of the First Grievance R edressal
Authority and the Second Grievance Redressal Authority; recommend Departmental action against any of ficer 'or
employee of the State Government, who has fai led in due
discharge of functions cast upon him under this Act; recommend changes in procedures and
process re-
engineering for delivery of services which may ma ke the
delivery more transparent and easier:
Provided that before making such a recommendati on, the
Commission shall consult the Administrative Secretar y in-charge
of the Department which is to deliver the service; (f)
(g)
(h)
(i)
recommend additional services to be notified under section
3 and may also suggest modifications in the no tifications
already issued for better implementation of thi s Act:
issue general instructions, not inconsistent with the
provisions of this Act for the guidance of Designated Officers.
the First Grievance Redressal Authority and t he Second
Grievance Redressal Authority;
impose penalty on Designated Officer or any oth er official
involved in the process of providing such service u p to a
sum of twenty thousand rupees, as deemed fit under the
circumstances of the case and allow compensat ion up to
five thousand rupees, to be paid to eligible person by
defaulter:
review its decisions, directions and arders.
(2) Where the Commis: 'an ig satisfied t hat there are reasonable
grounds to inquire into a matter arising out of the provisions of this Act. it may, suo
moto, initiate an inquiry in respect thereof.
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HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014 111
(CHTR. 5, 1936 SAKA)
(3) 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. namelyi—
(a) summoning the parties; (bh) receiving oral evidence on oath or written evidence on affidavits;
(c) requiring the discovery and inspection of documents;
(d) requisitioning of any public record from any office;
(e) obtaining copies of record from any court in accordance with law;
(f) issuing summons for examination of witnesses or documents; and
(g) any other matter, which may be prescribed,
(4) The Commission may frame its regulations for the conduct of its business and any such matter, as it may deem fit only after the approv al of the State Goverment.
18. (1) The State Government shall consider the recommendations made by the Commission under clauses (d), (€) and (f) of sub-section (1) of section
17
and send information to the Commission of action taken within thirty days or such longer time as may be decided in consultation with the Commission. In case the State Government decides not to implement any of the recommendations of the Commission, it shall communicate the reasons for not acting on the recommendations to the Commission.
(2) The Commission shall prepare an annual report of the recommendations made by it under section 17 along with the action taken and reasons for not taking action, if any. The State Government shall cause a copy of this report to be laid on the table of the Haryana Legislative Assembly.
19. (1) No suit, prosecution or other legal proceeding shall lie against any person for anything which is done in good faith or intended to be done in pursuance of this Act or any rule or any regulation made thereunder,
(2) No act done or proceedings taken under this Act by the Commission shall be invalid merely on the ground of existence of any vacancy or by reason of defect or irregularity in its constitution or absence of any Commissioner in its meeting.
30. No civil court shall have jurisdiction to entertain any suit o r
proceedings in respect of any matter the cognizance of which can be taken an d
disposed of by any authority empowered by this Act or the rules or regulation s
made thereunder,
Action by State
Government of
recommendations
of Commission.
Protection of
action taken in
good faith.
Bar of jurisdiction
of courts
8
Powers Lo make rules:
Power to remove difficulties Repeal and
suvings.
112 HARYANA GOVT. GAZ. (EXTRA.), MAR. 26, 2014
(CHTR. 5, 1936 SAKA)
21. (1) The State Government may, by notification, in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely; —
(a) the format to maintain the records of services under sub- section (3) of section 5,
(b) the procedure for disposing of a revision made under section 10;
(c} salaries, allowances and conditions of service of the officers and other employees of the Commission under sub-section
(5) of section 15; and (qd) any other matter which is required to be, or may be prescribed,
(3) Every rule made under this Act, shall be laid, ag soon as may be, after it is made, before the House of the State Legislature, while it ts in session, for
a total period of ten days, which may be comprised in one session or in two or more
successive sessions, and if, before the expiry of the session immediately follo wing
the session or the successive sessions aforesaid, the House agrees in making any
modification in the rule, or the House agrees that the rule should not be made, t he
rule shall thereafter have effect only in such modified form or be of no effect , as the
case may be. However, any such modification or annulment shall be wit hout
prejudice to the validity of anything previously done under that rule.
22. If any difficulty arises in giving effect to the provisions of this Act, the
State Government may, by order published in the Official Gazette, make such
provisions or give such directions, not inconsistent with the provision s of this Act,
as appear to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
23. (1) The Haryana Right to Service Ordinance, 2013 (Haryana Ordinance No. 7 of 2013), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken under the said Ordinance shall be deemed to have been done o r taken under
this Act.
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(CHTR. 5, 1936 SAKA)
THE SCHEDULE
[See section 15 (3)] I, __ having been appointed Chief Commissioner/ Commissioner in the Right to Service Commission, Haryana, swear in the name of God that I will bear true faith and allegiance to the Constitution of India as by law established, That 1 will uphold the sovereignty and integrity of India. That I will duly and faithfully and to the best of my ability, knowledge and judgment perform the duties of my office without fear or favour, affection or ill-will and [ will uphold the Constitution of India and the laws made thereunder.
RAJ RAHUL GARG,
Secretary to Government Haryana, Law and Legislative Department. §2172—L.R—H.G- PQ Chi.
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