Objective: To ensure citizens’ access to notify public Service in timely, efficient and accountable manner.
• On 2nd May 2012, the Assam Right to Public Service Act was notified.
• Govt. of Assam so far notified 55 services related to 14 Departments.
• The Departments are: Revenue, Secondary Education, GAD, Transport, Health, WPT&BC, Labour and Employment, Home & Political, Finance, GDD, Co-operation, Animal Husbandry and Veterinary, District Magistrate.
• This Act shall apply to Govt servants but shall not apply to person appointed on casual or daily basis, contract etc.
• This is a very short act having only 16 sections and a few sub-sections.
• Under Section 4-State Govt may notify the services, designated public servants, Appellate Authority, Reviewing Authority, user charges, time limit and arrear of the state to which this Act may apply.
• As per Section 5-Every eligible person shall have the right to obtain the services within time bound period (Holiday excluded).
• Every notified department shall have to notify an officer as a Designated Public Servant (DPS) for this purpose.
• DPS may seek the assistance of any other officer or employee connected with the delivery.
• DPS is authorized to receive the service application under this Act and the application under shall be duly acknowledged.
• DPS may reject the application and he shall record the reasons in writing and communicate to the person.
• The stipulated time limit shall start from the date of receipt of application.
• After expiry of stipulated time limit of delivery of notified services the applicant may file an appeal to the Appellate Authority within 30 days from the date of expiry of the stipulated time limit and Appellate Authority shall also duly acknowledge the appeal petition.
• Penalty-Section 9 deals with the penalty provisions.
• If the DPS has failed to provide the notified service without sufficient and reasonable cause, he may be imposed a lump sum penalty of maximum Rs. 2000/- and minimum Rs. 200/- and may be imposed a penalty on daily basis @Rs. 50/- per day.
• DPS or the applicant aggrieved by any order of Appellate Authority may make an appeal within 30 days not exceeding 60 days from the date of the order to Reviewing Authority under Section 9 Sub-Section 4.
• Section 9(1)(b) gives DPS an opportunity of being heard
• Bar on jurisdiction of Court- No Civil Court shall entertain any suit, application or other proceeding in respect of any order made under this Act.
Important Definitions related to the Act
(a) “ Application” means a written request by an eligible person to provide notified services under this Act.
(b) “eligible person” means a citizen who is eligible for obtaining the notified service.
(c) “prescribed” means prescribed by the rules made under this Act.
(d) “Right to Public Service” means the right to obtain the notified service under this Act from time to time within the stipulated time limit as described under Section 5.
(e) “Government Servant” means a person appointed substantively to any civil service or post in connection with the affairs of the State Government including person working on deputation basis; and person appointed in a local body which is owned, controlled or substantively financed by the State Government.
(f) “notification” means a notification published in the Official Gazette
(g) “rules” means rule made by the State Government under this Act.
(h) “year” means the calendar year commencing on the 1st day of January and ending on the 31st of December.
|ARTPS ACT.pdf||3.11 MB|
|ARTPS RULES.pdf||2.48 MB|