CHANDIGARH ADMINISTRATION
DEPARTMENT OF PERSONNEL
THE CHANDIGARH RIGHT TO SERVICE RULES, 2019
NOTIFICATION
Chandigarh, dated the11/10/2019
No. 28/67/1-IH(11)-2019/15461
In exercise of the powers conferred by Section 21 of the Punjab Right to
Service Act, 2011 (Punjab Act No. 24 of 2011) and The Punjab Right to Service
(Amendment) Act, 2014 as extended to the Union Territory of Chandigarh by the
Government of India, Ministry of Home Affairs vide Notification No. G.S.R.
1015(E) dated 14th August, 2017 and all other powers enabling him in his behalf,
the Administrator U.T., Chandigarh is pleased to make the following rules,
namely:-
1. Short title, commencement.-
(1) These rules may be called the
Chandigarh Right to Service Rules, 2019
(2) They shall come into force on and with effect from the date of their
publication in the Official Gazette.
2. Definitions:-
(1) In these Rules, unless the context otherwise requires:
(a) ‘Act’ means the Punjab Right to Service Act, 2011 (further amended
in 2014) as extended to the Union Territory of Chandigarh
(b) ‘Prescribed Format’ means formats of application/ appeal/ record
maintenance etc. prescribed along with these Rules or displayed by the
respective departments on their websites for delivering a notified service
under the Act;
(c) ‘Commission’ means the Chandigarh Right to Service Commission.
(2) The meaning of words and explanations which have been used in
these Rules but not defined shall be that which has been given to them in the
Act.
3. Power of Designated Officer to authorize for receiving the
applications:-
The Designated Officer shall have the power to authorize by order
any of his/her subordinate officer/staff for receiving the applications and giving
acknowledgement. Similarly, the officials may be authorized for receiving the
applications and give acknowledgements in e-sampark centres/ Help-desks setup in respective offices.
4. Record of Service & the Application Format:-
Officer in Form ‘A’.
(2) The Administrative Department concerned shall prepare an Application
Form for every Service along with a check list of the documents required to
be enclosed therewith, as early as possible, but latest within 30 days of
notification of these rules and/or the public(s) under the Act.
5. Receipt and acknowledgement of application:-
(1) An eligible person shall make an application for delivery of service to
the Designated Officer either personally or through email or registered post
or e-sampark/ Help-desks duly addressed to the aforesaid Designated
Officer.
(2) If such an application is found complete in all respects, the
Designated Officer shall acknowledge the receipt therof in a prescribed
Forms(s) provided by the respective departments for each service;
Provided that if any document required for delivery of service has not
been enclosed with the application by the applicant, the same shall be
clearly mentioned in the acknowledgement slip by the Designated Officer
to enable the applicant to make his application complete in all respects;
Provided further that the Designated Officer shall not raise
objections on such an applications in a piecemeal manner;
Provided further that the time-limit specified for delivery of service in
such cases shall commence from the date when the applicant supplies all the
deficient documents mentioned in the acknowledgement.
6. Denial or delay in delivery of service:-
In the event a service is denied or
delayed, the Designated Officer shall communicate to the applicant :
(a) the reasons for such denial or delay;
(b) The period within which an appeal against such denial or delay can
be preferred; and
(c) The particulars, including all available contact information, of the
relevant first appellate authority
7. Public holidays not to be included in the stipulated time limit: -
Public
holidays shall not be included in the stipulated time limit for providing the
services. Thus, actual time limit shall be sum of the total working days specified
and the number of public holidays. In case of service sought from e-sampark
centres/ Help-desks, an additional period of two days shall be added to the
stipulated time limit
8. Display of information on Website of the Department:-
(i) All information relating to the various public services, their
time-limits, application forms and the requisite documents, shall be put on their
websites and also, if feasible, outside the offices or any other conspicuous place
in the office area, by the respective departments.
(ii) In the event of non-display of such information in the public domain,
the Second Appellate Authority or the Commission shall be competent to initiate
appropriate action against the concerned Designated Officer.
9. Fee for Application/ Appeal/ Revision:-
No fee shall be levied for making
an application/ appeal/ revision under the Act except the statutory fee, if any,
prescribed under relevant Acts/ Rules of the respective departments.
10. Process of communicating the information about hearing/ order:-
(1) Intimation about hearing of the case or passing of the order shall be
made to the applicant in the following order of preferred modes of
communication:-
(i) E-mail address provided in the application/ appeal form
(ii) On the phone number (SMS); record thereof to be made on
the case file
(iii) Personally, if the applicant is present himself, against a
signature of note taken
(iv) Regd. post AD
Service of Notice for hearing, made through any of the above
modes, shall be considered sufficient for the purposes of this Act.
(2) Intimation about the date of hearing shall be communicated to the
applicant/Designated Officer and other concerned at least 03 days in advance.
11. Procedure to be followed in the First/ Second Appeal:-
(1) The appeal to the first and second appellate authority shall be made
as per the prescribed format given at Form ‘B’ & ‘C’ respectively.
(2) Appellate authorities may summon the record of subordinate
office(s) for adjudication of the appeal(s). In exceptional circumstances,
any officer may be authorized for required investigation by the appellate
authorities.
(3) The appellate authority (First or Second) may, if required, summon
either in person or through their representative, the Designated Officer, the
first appellate authority or any other officer involved in the process of
providing such services, as the case may be.
(4) If the applicant or Designated Officer/appellate authority or other
concerned officials either themselves or through their authorized
representatives do not appear before the first or second appellate
authority, then the case may be decided ex-parte in their absence.
However, if the parties are unable to be present for justified reasons,
another opportunity may be given to them before proceeding ex-parte.
(5) No order shall be passed against any person or official without
granting him an opportunity of being heard.
(6) The appellate authority (first or second) shall pass a well reasoned
speaking order after due consideration of all the record produced before it.
The order shall be read out in the open court and issued in writing.
(7) A copy of the order in the first or second appeal shall be given to the
applicant, designated officer and/or any other official(s) concerned, without
charging any fees.
12 Recovery of Penalty:-
1. In the case of imposition of penalty, the Second appellate Authority
shall forward a copy of such order to the Administrative Department
concerned with instructions to deduct the amount from the salary or
remuneration of the Designated Officer and/or any other official involved in
the process of providing such service against whom penalty has been
awarded. A copy of such order shall also be endorsed to the Commission,
for information.
2. In the event of recommendations for disciplinary action against the
Designated Officer and/or any other official, the Second Appellate Authority
shall send a copy of such order to the Administrative Department
concerned as well as to the Commission.
3. The penalty imposed under the Act shall be recovered in proportion
to be fixed by the Second Appellate Authority from the salary or
remuneration of the Designated Officer and/or any other officer/official
involved in the process of providing such service.
4. The concerned authority, to whom a copy of such order of Second
Appellate Authority has been sent shall recover the penalty from the next
salary/remuneration of the Designated Officer and/or any other
officer/official involved in the process of providing such services, as
decided by the Second Appellate Authority. The penalty so recovered shall
be deposited in the receipt head of the State/ UT Government and a copy
thereof shall be forwarded to the Second Appellate Authority.
5. In the event of award of compensation to the applicant/appellant by
the Second Appellate Authority, the concerned authority shall make
payment to the applicant/ appellant out of penalty imposed by it and
deposit the balance amount in the receipt head of the State/UT as
stipulated in the above said sub-rule. A copy of receipt of compensation
paid shall be forwarded to the Second Appellate Authority by the
department
13 REVISION:-
(1) An application for revision addressed to the Commission constituted
under section 12 of the Act, shall be made in
Form D.
(2) The applicant shall enclose a self attested copy of the order of the
Second Appellate Authority against which the revision petition has been
made.
(3) While deciding any application/ revision petition, in order to ascertain
the facts, the Commission may authorize an officer to enquire into the
matter. The officer, to whom such an inquiry is entrusted, shall submit report
to the Commission within a maximum period of fifteen days.
(4) The Commission shall decide the application/ revision petition on the
basis of the relevant record available before it.
14 Salary, allowances and conditions of service of the officers and other
employees:-
(The employees appointed on deputation from any department of
the State/ UT Government, Board, Corporation or other statutory body of the
State/ UT Government, shall be paid such salaries and allowances as admissible
to them under the Rules applicable to their Service and they shall be governed
under the said rules and relevant instructions issued by the State/ UT
Government from time to time. The Commission may also employ retired
employees of the State/ UT Government, Board, Corporation or other statutory
body of the State/UT Government for a period of 05 years or till the age of sixtyfive, whichever is earlier,
as per relevant instructions issued by the State/UT
Government from time to time on contractual service or for outsourcing of the
officials.
15. Suo-moto notice by the Commission:-
The Commission may take suomoto notice in such cases where an application/appeal is not decided by the
Designated Officer/ Appellate Authority within the stipulated period and there is
an unreasonable delay in disposal of such an application/appeal. On finding any
lapse, the Commission may pass appropriate orders in this regard as it may
deem fit.
FORM ‘A’
(See Rule 4)
RECORD TO BE MAINTAINED BY THE DESIGNATED OFFICER
| S.No. |
Name of the Applicant with contact no./ email / address |
Name of Service Applied for |
Date of Receipt of Application |
Date of Disposal of Application |
Remarks: Whether service provided or Application rejected (with reasons) |
| 1 |
|
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| 2 |
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| 3 |
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FORM – ‘B’
(See Rule – 11)
Following information shall be included in the Application for Appeal to the First
Appellate Authority:
(1) Name & address of the Applicant/ Appellant
(2) Name & address of the Designated Officer against whose decision the
first appeal is being made
(3) Gist of the order against which the first appeal lies (copy of the impugned
order of the designated officer to be enclosed)
(4) Date of application along with name and address of the Designated
Officer if the appeal is made against non-receipt of acknowledgement of
the application
(5) Grounds for first appeal:
(6) Relief asked for:
(7) Any other relevant information that may be necessary for determining the
first appeal
FORM – ‘C’
(See Rule – 11)
Following information shall be included in the Application for Appeal to the Second
Appellate Authority:
(1) Name & address of the Applicant/ Appellant
(2) Name & address of the First Appellate Authority against whose
decision the second appeal is being made
(3) Gist of the order against which the second appeal lies (copy of the
impugned order of the First Appellate Authority to be enclosed)
(4) Date of application along with name and address of the designated
officer if the appeal is made against non-receipt of acknowledgement
of the application
(5) Grounds for second appeal:
(6) Relief asked for:
(7) Any other relevant information that may be necessary for determining
the second appeal
FORM ‘D’
See rule 13
APLICATION FOR REVISION
| 1 |
Name of Applicant/ Petitioner |
: |
|
| 2 |
Father’s name |
: |
|
| 3 |
Residential address |
: |
|
| 4 |
Contact Number & e-mail (if any) |
: |
|
| 5 |
Name of the Service sought |
: |
|
| 6 |
Name of the Department from which service was
sought
|
: |
|
| 7 |
Date of Application made to the Designated
Officer (enclose copy of the acknowledgment
receipt)
|
: |
|
| 8 |
Date of disposal of application
(along with a copy of decision/ order of
the Designated Officer) |
: |
|
| 9 |
Date of filling of First
Appeal(enclose a copy of the
acknowledgment receipt) |
: |
|
| 10 |
Date of decision/ order of first
Appeal (along with a copy of the decision/ order
of the First Appellate Authority)
|
: |
|
| 11 |
Date of filling of Second
Appeal (enclose a copy of the acknowledgment receipt)
|
: |
|
| 12 |
Date of decision/ order of
Second Appeal (along with a copy of the
decision/ order of the Second Appellate Authority)
|
: |
|
| 13 |
Relief claimed by the applicant
in Revision against the order
passed in Second Appeal
|
: |
|
Note:- All copies/ documents enclosed with Revision Petition should be self-attested.
Date ____________
Place ____________
(Signatures of the Applicant)