jammu and kashmir public services gurantee act,2011

7/24/2019 Jammu and Kashmir Public Services Gurantee Act,2011

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EXTRAORDINARY

REGD. NO. IK-33

TH E

J MMU

&

K SHMIR GOVERNMENT G ZETTE

V d 1241 Ianm q Wed., 13th April. 201 1123rd Chai., 1933.

DJa

1-14

Separate paging

is

given to this part in order that it may be

filed as a separate compilation.

PART Ill

Laws, Regulations and Rules passed thereunder.

G O V ERN M EN T O F JAMMU AND KASHMIR

CIVIL SECRETARIAT-DEPARTMENT O F LAW,

JUSTICE AND PARLIAMENTARY AFFAIRS

Jammu, the 13th April, 201 1

The following Act

s

passed by the Jammu and Kashmir State

Legislature received the assent of the Gov ernor on 9th A pril, 201 1 and

is hereby published for general information

:-

T H E J A M M U A ND K A S H M I R P U B L I C S E R V I C E S

G U A R A N T E E A C T , 2011.

(Ac t No. of 2011).

[9th April, 201 1 .]

An Act to provide for the delivery o f public services to the people

of the State within the specified t ime limit and for matters connected

therewith and incidental thereto.

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The J K Gon.Gazette,

13thApril 2011D3rdChai. 1933

Wo. 1-14

Be i t enacted by the Jammu and Ka shmir State Legislature in the

Sixty-second Year o f the Republic o f India as fol lows :-

I. Short t i t le an d commencement.-( I) This Act may be

called the Jam mu and Ka shrnir Pub lic Services Guarantee Act, 20

1

I.

(2) I t sha ll come int o force on such date as the Governm ent may,

by no tificatio n in the Government Gazette, appoint.

2. Definition.-In this Act, unless the conte xt otherw ise

requires,-

(a) Act means the Jammu and Kas hm ir Pub lic Services

Guarantee Act, 201 1 ;

(b) designated off ice r means an off ice r no tifie d s such for

pro vidin g the service under sub-section (2) o f section 4 ;

c) eligible person means person who is eli gib le for any

notified service

(d) firs t appellate autho rity means a n offic er w ho is designated

as such under section 8 ;

(e) Governm ent means the Gove rnment o f Jammu and

Kashmir ;

f) prescribed means prescribed by the rules made under this

Act ;

g) service means any service notif ied under section 4 ;

(h) second appellate autho rity means an off ice r who is

designated as such under section 8 ;

i) specif ied t ime l im it means the t ime l im it with in which the

designated offic er is required to p rovide service as specified

under sub-section I) f section 4 ;

i) Special Tribun al means Special Trib un al constituted under

the Jammu and Kashm ir Special Tribun al Act, 1988

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No. 1-14] The J K Govt.Gazette, 13th April.20I lL?3rdChai. 1933. 3

(k) State means the State o f Jammu and Kashm ir.

3. Right to public services.+

I )

Subject to provisions o f the

Act, every elig ible person in the State sha ll have a right to p ubl ic

services.

2)

The right referred to in sub-section

I)

hall include the

right tc-

(a) have access to the pub lic service ;

(b) receive public service with in the specified time lim it ;

c)

receive public service in a transparent manner ;

(d) demand performanc e o f duties and functio ns in accordance

with the Act

;

(e) hold the concerned designated offic er acc ountable for any

service d eficiency ; and

0 seek compensation wi th respect to n on-providing o f service

or de ficieniy in service.

4.

Notification of public services and time limit.+l ?he

Gove rnment may, fro m time to time, specify the services to be the

pub lic services for purposes o f the A ct and shall specify the time li m it

wi thi n wh ich such services shall be provided to the e ligible persons.

(2) For pro vid ing services specified under sub-section

I),

he

Government may for different areas and for different services

designate of f~ ce rs ho shall be responsible for pro vidin g each o f such

services to the eligible persons.

5

Providing of public service within specified time limit.-

1 ) I t shall be obligatory on the designated offic er to provide

public services to the eligible person within the time specified in

sub-section I)o f section 4.

(2) The spe cified tim e l im it shall start from the date when an

application is subm itted b y the eligible person for provid ing o f no ti tied

service to the designated officer or to a person subordinate to him

authorized to receive the application.

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4

The

J K

Govt. Gazette, 13thApril,2011/23rd Chai., 1933. Wo.

1-14

(3) A l l ap plications received under sub-section (2) by the

designated offic er or the authorized person shall be duly acknowledged

specifying the number, date and time o f receipt o f such application.

(4) On receipt o f app lication under sub-section (3), the designated

officer shall within the specified time limit either provide service or

reject the application :

Provided that in case o f rejection o f application, the designated

officer shall record reasons therefor and intimate the same to the

applicant.

6. irst

upp eul.+l) Any person, whose application has been

rejected under sub-section (4) o f section

5,

or who does not receive

the pub lic service with in the specified time limit, or where the service

received by h im

i s

deficien t i n any manner, may prefer to f il e an appeal

to such offic er as may be notified by the Government to be the firs t

appellate authority, with in thirty days from the date o f such rejection

or exp iry o f the time lim it or receipt o f deficient service, as the case

.

may be :

Provided that the first appellate authority may admit an appeal

after the expiry o f the period o f thir ty days, if it i s satisfied that the

appellant was prevented by sufficient cause from fi l in g the appeal i n

time.

(2) The f irs t appellate authority shall dispose o f the appeal

preferred under sub-section I) within a period of fo rty-f ive days from

the date o f presentation o f appeal.

(3) The first appellate auth ority may direct the designated offic er

to provide the public service within the such time as it m ay specify or

to remove the deficiency in the service provided to the appellant or

pass such other order, inc lud ing rejection o f the appeal, as i t may deem

f i t :

Provided that before passing any order under sub-section (3), the

appellate authority shall provide an oppo rtunity o f being heard to the

appellant as well as the designated officer.

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No. 1-14] The

JBK

Govt. Gazette, 13thApril.201 IR3rdChai.. 1933. 5

7. Second appeal.--(I) An y person aggrieved by the order

passed by first appellate authority under section 6, may prefer an

appeal to the second appellate authority within 60 days from

the

date

on which the order appealed against has been passed

:

Provided that the second appellate autho rity may ad mit an appeal

after the exp iry o f the period o f 60 days, if it i s satisfied that the

appellant was prevented by sufficie nt cause from f il in g thc appeal in

time.

(2) The second appellate autho rity may, w ith in fo rty -fiv e days

from the date o f presentation o f appeal, pass an order di rec ting the

designated officer to provide the pu blic service within such time as it

may speciFy or to remove the deficiency in the service prov ided to the

appellant or may pass such other order in cluding the rejection o f

appeal, as

it

may deem fit.

8.

De signa tion of appellate authorities.-The Gove rnment

may by not ifica tion in the Governme nt Gazette, designate offic ers who

shall be first appellate authorities and second appellate authorities in

respect o f each pub lic service.

9

Pow ers of app ellate authorities.-The appellate autho rities

shall, while deciding an appeal under the Act, have the same powers

as

are vested in C iv i l Court while trying a suit under the Code o f C i v i l

Procedure, in respect o f the fo llow ing matters, nam ely

:-

(a) requiring the production and inspection of documents ;

(b) issuing summons for hearing to the designated officer and

appellant ; and

(c) any other matter wh ich may be prescribed.

10. P en alt y for no n-c om plia nc e of orders.-(1) I f the

designated officer does not comply with the orders or directions

given to him under sub-section (3) o f sect ion 6 or sub-section (2) o f

section

7

the person aggrieved may f i l e an application before the

second appellate authority and the second appellate authority shall

direct the designated off ~c e ro show cause, within specified time, for

not complying, with 'the aforementioned orders or directions.

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The

JdlK

Govt. Gazette,

13thApril,2011/23rd Chai., 1933. mo. 1-14

(2) A fte r considering the cause,

if

any, shown by the designated

officer and if no cause

i s

shown within the time specified in

sub-section I ) , the second appellate authority, may, i f i t

i s

o f the

op inio n that the designated offic er has not com plied w ith the orders or

direction s w itho ut reasonable cause, impose a fine on such designated

officer which shall not be less than Rupees 500 but may extend up to

Rupees 5000.

I . Pen olry for no t pr ov id in g the service.-Where second

appellate authority

i s

o f the opinion that the designated off ice r has

failed to provide service to the eligible person or has caused delay in

provid ing the service or has provided a service which is deficient in

any manner, it may impose a fine on such designated officer,-

(i) o f Rupees 250 fo r each day o f such delay or Rupees 5000,

whichever

i s

less, in case o f non-providing o f service or

delay i n pro viding services ; nd

ii) o f Rupees 2000, in case of de ficiency in service :

Provided that before imposing such fine, the designated officer

'shall be given a reasonable opportun ity o f being heard.

12. Pen olry for no t de cid ing the app eal wirhin specified

time.-Where the second appellate au tho rity

i s

of the opinion that

the first appellate authority has failed to decide the appeal within

the time spe cified in sub-section (2) o f section

6

without any sufficient

.

and reasonable cause, i t may impose a fine on fir st appellate authority,

which shall not be less than Rupees 500 and not more than

Rupees 5000 :

Provided that before imposing such fine the first appellate

auth ority s hall be given a reasonable opp ortunity o f being heard.

13.

Compensation.--On imposition o f fine under section

I

or

section 12, the second appellate authority may, by order, direct that

such p ortio n o f the fine imposed under the said section sha ll be

awarded to the appellant, as compensation, as it may deem fit

:

Provided that the amount o f such compensation awarded shall not

exceed the amount of fine imposed under the said section.

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No. 1-14] The J K Govt.Gazette, 13thApril,201 R3rdChai.. 1933. 7

14. Disciplinary action.-In addit ion to imposition o f fine

under sections 10,

1 1

or 12, the second appellate authority, if i t i s

satisfied that the designated off ice r or the fir st appellate authority, as

the case may be, has failed to discharge the duties assigned to h im

under the Ac t wit ho ut su fficie nt and reasonable cause, may recommend

disciplinary action against him under the service rules applicable to

him.

15. Revision.-If designated o ff ~ c e r r first appellate authority

i s aggrieved by any order o f second appellate authority in respect o f

impo sition o f fine under the Act, he or i t may make an application for

revision to the Special Tribun al w ithin a period o f 60 days from the

date o f passing o f such order, which shall dispose o f the application

according to such procedure as may be prescribed.

16. P rot ec tio n of a cti on token

in

go od faith.-No suit,

prosecution or other legal pmceeding shall

l i e

against any person for

anything w hich

i s

in good fa ith done or intended to be done under the

Act or any rule made thereunder.

17.

Pow er to

nmke

rules.-The Governmen t may, by no tific ati on

in the Government Gaueffe, make rules to carry out the provisions o f

the Act.

18.

Pow er to rem ow difJicu1ties.-If any dif ficu lty arises in

giv ing effect to the provisions o f the Act, the Government may by

order, not incon sistent wit h the provisions o f the Act, remove the

diff iculty

:

Provided that no such order shall be made after the exp iry o f a

period o f two years from the date o f commencement o f the Act.

(Sd.)

ACHAL

SETHI

Deputy Legal Remembrancer,

Department o f Law, Justice and

Parliamentary Affairs.

jammu and kashmir public services gurantee act,2011

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