The Odisha Right to Public Services Rules, 2012

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Presentation transcript:

The Odisha Right to Public Services Rules, 2012 Notified in the Gazette on 7th December, 2012

Authorization for receiving application The Designated Officer shall authorize any of his/ her subordinate officer / staff to receive the applications and give acknowledgements: Rule-3

Acknowledgement & Time limit The authorized person shall give acknowledgement to the applicant in the prescribed format. The date of given time limit shall not be mentioned in the acknowledgement in case any necessary document(s) have not been enclosed with the application. The same shall be clearly mentioned in the acknowledgement: Rule - 4 While calculating the given time limit for providing the services, public holidays shall not be included. Rule - 6

Communication in the event of denial of services The Designated Officer shall communicate to the applicant in the event of denial or delay: The reasons for such denial or delay; The Period within which an appeal against such denial or delay be preferred; The Particulars including all available contact information of the Appellate Authority under the provisions of the Act: Rule - 5

Display of information The public services, necessary documents to be enclosed with applications and the given time limit shall be displayed by the Designated Officer on the notice board in Odia language (Rule – 7) and in the website of the concerned department for the convenience of the common public (Rule – 19) .

Procedure for filing Appeals & Revisions Information to be furnished along with application- Name & Address of the applicant Name & Address of the Designated Officer, Appellate Authority and Revisional Authority Gist of the order against which the Appeal or Revision lies Date of application along with name & address of Designated Officer if the appeal is made against non- receipt of acknowledgement of the applications Basis for Appeal or Revision Relief Asked for Any other related information that may be necessary for determining the Appeal or Revision – Rule 10

Documents to be enclosed with appeal & revision With every appeal or revision following documents shall be enclosed: Table of Contents of documents Self attested copy of the order against which the Appeal or Revision is being made Copies of the documents mentioned in the application for Appeal or Revision – Rule 11 No fee shall be charged for appeals and revisions Rule -9

Communicating the information of hearing Information of hearing of appeal or revision shall be communicated in following manners: by the Party himself / herself by Hand delivery through Special Messenger by Registered post with acknowledgement- Rule - 13

Process in decision on Appeal or Revision Concerned documents, public records or their copies shall be reviewed. In exceptional circumstances, any officer may be authorized for required investigation. The Designated Officer or Appellate Authority or Sub-ordinate staff may be summoned. Rule-12

Presence during hearing The hearing date shall be communicated to the applicant/DO/AA/subordinate staff at least 7 days in advance. The applicant/DO/AA/subordinate staff shall make himself present during hearing. If applicant/DO/AA/subordinate staff are unable to present during hearing, then before taking final decision, one more chance may be given to all. Even after due information of hearing duly executed to him/her, if any party remains absent, the application for Appeal or Revision shall be decided in absentia. - Rule 14

Orders in appeal or revision Appeal or Revision order shall be read during the hearing and shall also be in writing. Copy of the appeal / revision order shall be given to all concerned. In case of imposition of penalty, Revisional Authority shall mark the copy of order to concerned authority for deduction from the salary/honorarium/remuneration. In case of recommendation for disciplinary action, the concerned Appointing Authority shall be intimated. In case of any amendment in the order of the Appellate Authority, the Revisional authority shall send a copy of the order to the Appellate Authority and all concerned. Rule- 15

Recovery of penalty The penalty imposed under the provisions of this Act shall be recovered from the salary/ honorarium/ remuneration of the concerned Designated Officer, or Appellate Authority or concerned subordinate staff, as the case may be. Rule- 16 The Head of Account for depositing amount of penalty is “0070-Other Administrative Services-60-other Services-800-Other Receipts-0097-Misc. Receipts-02214-Fines under Odisha Right to Public Service Act.” Rule- 8

Dissemination and Training State Government shall: organize campaigns and programmes for understanding of public in particular of disadvantaged communities. Encourage public authorities to the participate in such programmes. Promote timely and effective dissemination of information by public authorities. Train concerned staff/DOs/AAs/RAs on their duties under the Act. Compile guidelines Rule-18 (1) Update and publish guidelines at regular intervals Rule-18 (2)

Monitoring The State Government may introduce a system for centralized monitoring of the timely delivery of notified public services using ICT. Rule- 20Tracking of status of application by the citizen. Tracking of status of appeal and revision. Performance Evaluation of the Public Authority in delivering services.

Awards The State Government may give a reward to the officer against whom no default is reported in one year so as to encourage and enhance the efficiency of the government servants. The award shall be cash incentive not exceeding Rs. 5000/- in aggregate along with a certificate of appreciation. The competent authority shall recommend such names to the State Govt. Rule- 21

Points to be noted There is no specific application form for each service covered under this Act. There is no extra fees to be paid by the applicant for getting service under this Act. There is no separate process for disposing applications under this Act. There is no provision for communicating the information after the service is ready by the Designated Officer.

Department wise Public services: Ten Deptts.-63 Services Sl. No. Department Public Services 1. Commerce & Transport (Transport) 13 2. Revenue & Disaster Management 12 3. Finance 3 4. Home 15 5. Health & Family Welfare 2 6. Rural Development 1 7. Women & Child Development 8. School & Mass Education 7 9. Housing & Urban Development 10. S.T. & S.C. Development Deptt.

Who is the eligible person? The person who requires the service for which he/she is entitled as per statutory provisions or executive instructions in force and applicable is the Eligible Person under this Act. Sec. 2 (c)

Form of Acknowledgement Form- 1(Rule-4) Sl. No. Details 1 Name of the Designated Officer and Office Address 2 Name and Address of the applicant 3 No. and Date of receiving application in the office of Designated Officer 4 Name of the service for which the application is given 5 Particulars of the documents which are essential for receiving service, but are not enclosed with the application 6 Last Date of the given time limit Place: Date: Signature of the Receiving Officer Name and Designation with seal Note: In case of not receiving all the documents with the application, the last date of the given time limit shall not be specified.

Form of Notice Board Form- 2 (Rule-7) Name, Designation and Office of the Designated Officer : Sl. No. Notified Public Service Documents to be annexed with the application Given time limit Designation and Address of the Appellate Authority Stipulated time limit for disposal of appeal Designation and Address of the Revisional Authority Stipulated time limit for disposal of revision 1 2 3

Name of the Office of the Designated Officer Form of Register to be maintained the Office of the Designated Officer Form -3(Rule-4) Name of the Office of the Designated Officer Month Year Sl. No. Name and Address of the applicant Service for which the application is given Last date of the given time limit Application allowed/ disallowed Date and details of the order passed 1 2 3 4 5 6

Form of Register to be maintained in the Office of the Appellate Authority Form- 4 (Rule-10) Name of the Office of the Appellate Authority Month Year Sl. No. Name and Address of the appellant Date of filing the appeal Name & Designation of the Designated Officer against whose order the appeal is filed Last date of the stipulated time limit Date and details of the order of the appeal 1 2 3 4 5 6

Form of Register to be maintained in the Office of the Revisional Authority Form- 5 (Rule-10) Name of the Office of the Revisional Authority : Month : Year : Sl. No. Name and Address of the applicant/ Designated Officer in revision Date of filing the revision Name & Designation of the Appellate Authority against whose order the revision is filed Last date of the stipulated time limit Date and details of the order of the revision Details of the officers for deposition of penalty Date of recovery of the penalty Remarks 1 2 3 4 5 6 7 8 9