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Maharashtra Public Services Act

1. The document is an Act passed by the Maharashtra state legislature to provide transparent, efficient, and timely public services to eligible persons in Maharashtra. 2. It establishes the Maharashtra State Commission for Right to Service to oversee the implementation of the Act. Public authorities must notify the public services offered, designated officers to provide each service, and time limits for service delivery. 3. Eligible persons have the right to obtain public services within the stipulated time limits from designated officers. They can appeal to appellate authorities if not satisfied with the service.

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0% found this document useful (0 votes)
88 views11 pages

Maharashtra Public Services Act

1. The document is an Act passed by the Maharashtra state legislature to provide transparent, efficient, and timely public services to eligible persons in Maharashtra. 2. It establishes the Maharashtra State Commission for Right to Service to oversee the implementation of the Act. Public authorities must notify the public services offered, designated officers to provide each service, and time limits for service delivery. 3. Eligible persons have the right to obtain public services within the stipulated time limits from designated officers. They can appeal to appellate authorities if not satisfied with the service.

Uploaded by

Kiran More
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 1

RNI No. MAHENG/2009/35528

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+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 98
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¨É½þÉ®úɹ]Åõ Ê´ÉvÉÉxɍɯb÷³ýÉSÉä +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉɱÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +ɱÉä±ÉÒ Ê´ÉvÉäªÉEäò (<ÆOÉVÉÒ +xÉÖ´ÉÉnù).
In pursuance of clause (3) of article 348 of the Constitution of India, the following translation
in English of the Maharashtra Right to Public Services Act, 2015 (Mah. Act No. XXXI of 2015), is
hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

DR. MANGALA THOMBARE,


I.c. Draftsman-cum-Joint Secretary to Government,
Law and Judiciary Department.

MAHARASHTRA ACT No. XXXI OF 2015.


(First published, after having received the assent of the Governor in the
“Maharashtra Government Gazette”, on the 21st August 2015).

An Act to provide for delivery of transparent, efficient and timely public


services to the eligible persons in the State of Maharashtra and for
matters connected therewith or incidental thereto.
WHEREAS both Houses of the State Legislature were not in session ;
AND WHEREAS the Governor of Maharashtra was satisfied that
circumstances existed which rendered it necessary for him to take immediate
action to make a comprehensive law to provide for delivery of transparent,
efficient and timely public services to the eligible persons in the State of
Maharashtra and to bring transparency and accountability in the
Departments and agencies of the Government and other Public Authorities
which provide public services to the eligible persons and for matters
connected therewith or incidental thereto ; and, therefore, promulgated the
Mah. Maharashtra Right to Public Services Ordinance, 2015 on the 28th April
Ord. V 2015;
of 2015.

(1)
¦ÉÉMÉ +É`ö--98--1
2 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937
AND WHEREAS it is expedient to replace the said Ordinance by an
Act of the State Legislature; it is hereby enacted in the Sixty-sixth Year of
the Republic of India as follows :—
Short title, 1. (1) This Act may be called the Maharashtra Right to Public Services
extent, Act, 2015.
commencement
and (2) It extends to the whole of the State of Maharashtra.
application.
(3) It shall be deemed to have come into force on the 28th April 2015.
(4) It shall apply to such Public Authorities which provide public
services to the eligible persons as per the provisions of any laws, rules,
notifications, orders, Government Resolutions or any other instruments.
Definitions. 2. In this Act, unless the context otherwise requires,—
(a) “Chief Commissioner” or “Commissioner” means the State Chief
Commissioner for Right to Service or the State Commissioner for Right
to Service, as the case may be, appointed under sub-section (2) of section
13 ;
(b) “Commission” means the Maharashtra State Commission for
Right to Service constituted under sub-section (1) of section 13;
(c) “Competent Authority” means the Disciplinary Authority or the
Controlling Officer, as the case may be;
(d) “Department” means a Department of the State Government
or of a Public Authority, as the case may be;
(e) “Designated Officer” means an officer who is required to provide
public services to the eligible person;
(f ) “Divisional Commissioner” means the Commissioner appointed
by the State Government under section 6 of the Maharashtra Land Mah.
Revenue Code, 1966; XLI of
1966.
(g) “eligible person” means a person who is eligible for obtaining a
public service and also includes a legal person;
(h) “First Appellate Authority” means an officer appointed by the
concerned Public Authority under sub-section (1) of section 8;
(i) “Government” or “State Government” means the Government
of Maharashtra;
(j) “local authority” means any authority, Municipal Corporation,
Municipal Council, Nagar Panchayat, Industrial Township, Planning
Authority, Zilla Parishad, Panchayat Samiti and Village Panchayat and
other local self-Governments constituted by law; and also includes
Development Authorities or other statutory or non-statutory bodies;
(k) “prescribed” means prescribed by the rules made under this
Act;
(l) “Public Authority” means,—
(a) any Department or authorities of the Government;
(b) any organisation or authority or body or corporation or
institution or a local authority, established or constituted,—
(i) by or under the Constitution of India, in the State;
(ii) by any other law made by the State Legislature;
(iii) by notification issued by the Government;
(c) and includes,—
(i) an institution, a co-operative society, a Government
Company or an authority owned, controlled or financed by the
State Government; or
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 3
(ii) any non-Governmental organization receiving financial
assistance from the State Government;
(m) “public services” means such services as may be notified by the
Public Authority under section 3;
(n) “right to service” means right of an eligible person to obtain
the public services within the stipulated time limit as notified by the
Public Authority, from time to time;
(o) “Second Appellate Authority” means an officer appointed by
the concerned Public Authority under sub-section (2) of section 8;
(p) “stipulated time limit” means the time limit as notified under
section 3 within which the public service is to be provided by the
Designated Officer to any eligible person.
3. (1) The Public Authority shall, within a period of three months from Public
the date of commencement of this Act, and thereafter from time to time, services,
Designated
notify the public services rendered by it along with Designated Officers,
Officers,
First and Second Appellate Authorities and stipulated time limit. Appellate
(2) The Public Authority shall display or cause to be displayed on the Authorities
and
notice board of the office and also on its website or portal, if any, the list of
stipulated
the public services rendered by it alongwith the details of the stipulated time limit to
time limit, form or fee, if any, Designated Officers, First Appellate Authorities be notified.
and Second Appellate Authorities.
4. (1) Subject to the legal, technical and financial feasibility, every Right to
eligible person shall have a right to obtain public services in the State in obtain public
services
accordance with this Act, within the stipulated time limit. within
(2) Subject to the legal, technical and financial feasibility, every stipulated
Designated Officer of the Public Authority shall provide the public services time limit.
to the eligible person, within the stipulated time limit:
Provided that, the stipulated time limit may be extended by the State
Government during the period of election as well as in natural calamities to
such extent, as may be prescribed.
5. (1) An application for obtaining public services may be made by any Providing
eligible person to the Designated Officer. The receipt of an application shall public
services
be duly acknowledged and the applicant shall be intimated in writing or within
through electronic means, specifying date and place of receipt of application, stipulated
unique application number alongwith stipulated time limit for the disposal time limit.
of such application.The stipulated time shall be counted from the date when
the requisite application, complete in all respects, for obtaining the public
service is received by the Designated Officer or a person who is duly
authorised to receive the application.
(2) The Designated Officer shall, on receipt of an application under
sub­section (1), either directly provide or sanction the public service within
the stipulated time limit or reject the application after recording the reasons
in writing for such rejection. The Designated Officer shall also communicate
in writing to the applicant about the period within which an appeal may be
made against his order and the name, designation and official address of the
First Appellate Authority.
6. (1) Every eligible person having applied for any public services shall Monitoring
be provided with unique application number by the concerned Public status of
application.
Authority so that he can monitor status of his application online, where such
system is in operation.
4 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937
(2) Every Public Authority shall be duty bound to update the status of
all applications regarding public services online, where such system is in
operation.
Use of 7. The Government shall encourage and aspire all the Public Authorities
Information
to utilise Information Technology to deliver their respective public services
Technology for
delivery of within the stipulated time limit.
public services.
Appointment 8. (1) The Public Authority shall appoint an officer not below the rank
of Appellate of Group “B” or its equivalent rank, who is superior in rank to the Designated
Authorities.
Officer, to act as First Appellate Authority to hear and decide the appeal
filed by an eligible person against rejection of his application or delay in
providing public services, after following due procedure as may be prescribed.
(2) The Public Authority shall appoint an officer who is superior in rank
to the First Appellate Authority, to act as Second Appellate Authority to
hear and decide the appeal filed by an eligible person as well as by the
Designated Officer against the order of the First Appellate Authority.
Appeal. 9. (1) Any eligible person, whose application is rejected under sub-
section (2) of section 5 or who is not provided the public service within the
stipulated time limit, may file an appeal before the First Appellate Authority
within the period of thirty days from the date of receipt of, order of rejection
of the application or, the expiry of the stipulated time limit:
Provided that, the First Appellate Authority may, in exceptional cases,
admit the appeal even after the expiry of the period of thirty days, subject to
the maximum period of ninety days, if it is satisfied that the Appellant was
prevented by sufficient cause from filing the appeal in time.
(2) The First Appellate Authority may direct the Designated Officer to
provide the service to the eligible person within such period as he may
specify in his order but which shall not ordinarily exceed the stipulated
time limit, or he may reject the appeal within the period of thirty days from
the date of filing of the appeal, after recording the reasons in writing for
such rejection :
Provided that, before deciding the appeal, the First Appellate Authority
shall give an opportunity of being heard to the Appellant as well as to the
Designated Officer or any of his subordinate duly authorized for this purpose.
(3) A second appeal against the order of the First Appellate Authority
shall lie to the Second Appellate Authority within the period of thirty days
from the date on which the order of the First Appellate Authority is received
or after forty-five days from the date of filing of the first appeal in case where
the Appellant does not receive any order from the First Appellate Authority:
Provided that, the Second Appellate Authority may, in exceptional cases,
admit the appeal even after the expiry of the period of thirty days or forty-
five days, as the case may be, subject to the maximum period of ninety days,
if it is satisfied that the Appellant was prevented by sufficient cause from
filing the appeal in time.
(4) The Second Appellate Authority may direct the Designated Officer
to provide the service to the Appellant within such period as he may specify
in his order or he may reject the appeal within the period of forty-five days
from the date of filing of the appeal, after recording reasons in writing for
such rejection :
Provided that, before issuing any order, the Second Appellate Authority
shall give an opportunity of being heard to the Appellant as well as to the
Designated Officer or any of his subordinate duly authorised for this purpose.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 5
(5) The First Appellate Authority and Second Appellate Authority while
deciding an appeal under this section, shall have the same powers as are
5 of vested in civil court while trying a suit under the Code of Civil Procedure,
1908. 1908 in respect of the following matters, namely :—
(a) requiring the production and inspection of documents or records;
(b) issuing summons for hearing ; and
(c) any other matter which may be prescribed.
10. (1)(a) If the First Appellate Authority is of the opinion that the Penalty.
Designated Officer has failed to provide public service without sufficient
and reasonable cause, then he shall impose a penalty which shall not be less
than rupees five hundred, but which may extend to rupees five thousand, or
of such amount as may be revised by the State Government, from time to
time, by notification in the Official Gazette.
(b) If the Second Appellate Authority is also of the opinion that the
Designated Officer has made default in providing the public service within
the stipulated time limit without sufficient and reasonable cause, he may
confirm or vary the penalty imposed by the First Appellate Authority, after
recording reasons in writing :
Provided that, the Designated Officer shall be given a reasonable
opportunity of being heard before any penalty is imposed on him by the First
Appellate Authority or Second Appellate Authority.
(2) If the Chief Commissioner or the Commissioner is of the opinion
that the First Appellate Authority had repeatedly failed to decide the appeal
within the specified time without any sufficient and reasonable cause, or
unduly tried to protect the erring Designated Officer, then he shall impose
a penalty on the First Appellate Authority which shall not be less than rupees
five hundred, but which may extend to rupees five thousand, or of such
amount as may be revised by the State Government, from time to time, by
notification in the Official Gazette :
Provided that, the First Appellate Authority shall be given a reasonable
opportunity of being heard before any penalty is imposed on him.
11. The Appellate Authority concerned or the Commission shall Procedure for
communicate to the Designated Officer or the First Appellate Authority, as recovery of
well as to the Public Authority about the amount of penalty imposed in penalty.
writing. The Designated Officer or the First Appellate Authority, as the
case may be, shall pay the amount of penalty within a period of thirty days
from the date of receipt of such communication, failing which the Competent
Authority shall recover the amount of penalty from the salary of the concerned
Designated Officer or the First Appellate Authority, as the case may be.
12. (1) The Competent Authority, after receiving an intimation from Procedure for
the Second Appellate Authority about the repeated failures committed by fixing
the concerned Designated Officer to provide public services or repeated responsibility
on
delays in providing public services as well as repeated failure to comply
Designated
with the direction of the Appellate Authorities, shall issue a show cause Officer for
notice to the Designated Officer within a period of fifteen days, why a repeated
disciplinary action should not be initiated against him. The Competent failures.
Authority shall initiate appropriate disciplinary proceedings against the
Designated Officer under the Conduct and Discipline Rules as applicable.
(2) The Designated Officer against whom such notice is issued may
represent to the Competent Authority concerned, within a period of fifteen
days from the date of receipt of such notice. In case no such representation
is received by the Competent Authority within the specified period or
explanation received is not found satisfactory, the Competent Authority shall
proceed with the departmental inquiry as laid down in the Conduct and
Disciplinary Rules of the Public Authority :
¦ÉÉMÉ +É`ö--98--2
6 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937
Provided that, if the Competent Authority finds reasonable and justified
grounds in favour of the Designated Officer and comes to the conclusion
that the delay in delivery of services to the eligible person was not
attributable to him, but was attributable to some other Designated Officer,
it shall be lawful for the Competent Authority to withdraw the notice against
him.
(3) While fixing the responsibility on such Designated Officer under
this Act, the Competent Authority shall follow the principles of natural justice
before passing the order in that respect and give reasonable opportunity of
being heard to the Designated Officer.
Constitution 13. (1) The State Government shall, by notification in the Official Gazette,
of
Maharashtra
constitute for the purposes of this Act, a Commission to be called as “the
State Right Maharashtra State Commission for Right to Service” :
to Service
Provided that, till the time the Commission is constituted by the State
Commission.
Government, the Government may, by notification in the Official Gazette,
entrust the powers and functions of the Commission to the Divisional
Commissioners in each Revenue Division or any other Government Officer.
(2) The Maharashtra State Right to Service Commission shall consists of,—
(a) the State Chief Commissioner for Right to Service having
jurisdiction for Mumbai City District and Mumbai Suburban District ;
and
(b) one State Commissioner for Right to Service having jurisdiction
for each corresponding Revenue Division, excluding the area of Mumbai
City District and Mumbai Suburban District.
(3) The Chief Commissioner and the Commissioners shall be appointed
by the Governor on the recommendation of a Committee consisting of ,—
(i) the Chief Minister, who shall be the Chairman of the Committee ;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister.
Explanation.— For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative Assembly
has not been recognised as such, the Leader of the single largest group in
opposition in the Legislative Assembly shall be deemed to be the Leader of
Opposition.
(4) The general superintendence, direction and management of the
affairs of the Commission shall vest in the Chief Commissioner who shall be
assisted by the Commissioners and he may exercise all such powers and do
all such acts which may be exercised or done by the Commission.
(5) The Chief Commissioner and the Commissioners shall be persons
of eminence in public life with wide knowledge and experience in
administration in Government or Public Authority.
(6) The Chief Commissioner or a Commissioner shall not be a Member
of Parliament or Member of the Legislature of any State or hold any other
office of profit or connected with any political party or carrying on any
business or profession.
(7) The headquarters of the Commission shall be at Mumbai and the
offices of the Commissioners shall be at every Revenue Division.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 7
14. (1) The Chief Commissioner and the Commissioners shall hold Term of office
office for a term of five years from the date on which they enter upon the and
conditions of
respective offices, or until they attain the age of sixty-five years, whichever service.
is earlier, and shall not be entitled for re-appointment.
(2) The Chief Commissioner or a Commissioner shall, before he enters
upon his office, make and subscribe before the Governor or some other person
appointed by him in that behalf, an oath or affirmation according to the
prescribed Form.
(3) The Chief Commissioner or a Commissioner may, at any time, by
writing under his hand addressed to the Governor, resign from his office.
(4) The salaries and allowances payable to and other terms and
conditions of service of the Chief Commissioner and the Commissioners shall
be the same as those of State Chief Information Commissioner and the Chief
Secretary to the State Government, respectively. No pensionary benefits or
other post­retirement benefits shall accrue from the posts of Chief
Commissioner or Commissioner, as the case may be :
Provided that, if the Chief Commissioner or a Commissioner, at the
time of his appointment is in receipt of a pension, other than a disability or
wound pension, in respect of any previous service under the Government of
India or under the State Government, his salary in respect of the service as
the Chief Commissioner or a Commissioner shall be reduced by the amount
of that pension including any portion of pension which was commuted and
pension equivalent of other forms of retirement benefits excluding pension
equivalent of retirement gratuity :
Provided further that, where the Chief Commissioner or a Commissioner
if, at the time of his appointment, is in receipt of retirement benefits in
respect of any previous service rendered in Government or Corporation
established by or under any Central Act or State Act or a Government
Company owned or controlled by the Central Government or the State
Government, his salary in respect of the service as the Chief Commissioner
or the Commissioner shall be reduced by the amount of pension equivalent
to the retirement benefits:
Provided also that, the salaries, allowances and other conditions of service
of the Chief Commissioner and the Commissioners shall not be varied to
their disadvantage after their appointments.
(5) The Government shall provide the Chief Commissioner and the
Commissioners with such officers and employees as may be necessary for
the efficient performance of their functions under this Act, and the salaries
and allowances payable to and the terms and conditions of service of the
officers and other employees appointed for the purposes of this Act shall be
such as may be prescribed.
15. (1) Notwithstanding anything contained in this Act, the Governor Removal of
may, by order remove from office of the Chief Commissioner or any Chief
Commissioner
Commissioner, if the Chief Commissioner or a Commissioner, as the case
or
may be,— Commissioners.
(a) 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
(d) is, in the opinion of the Governor, unfit to continue in office by
reason of infirmity of mind or body; or
¦ÉÉMÉ +É`ö--98--2+
8 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Commissioner or a Commissioner.
(2) Notwithstanding anything contained in sub-section (1), the Chief
Commissioner or any Commissioner, shall not be removed from his office,
unless a reference is made by the State Government to the Chief Justice of
High Court of Judicature at Bombay seeking an enquiry and recommendation
on the proposed removal of the Chief Commissioner or the Commissioner
along with the grounds for the removal and material supporting such
proposal.
Powers and 16. (1) It shall be the duty of the Commission to ensure proper
functions of implementation of this Act and to make suggestions to the State Government
Commission.
for ensuring better delivery of public services. For this purpose, the
Commission may,—
(a) take suo motu notice of failure to deliver public services in
accordance with this Act and refer such cases for disposal as it may
deem appropriate;
(b) carry out inspections of offices entrusted with the delivery of
public services and the offices of the First Appellate Authority and the
Second Appellate Authority;
(c) recommend Departmental inquiry against any Designated
Officer or Appellate Authorities who have failed in due discharge of
functions cast on them under this Act ;
(d) recommend changes in procedures for delivery of public
services which will make the delivery more transparent and easier :
Provided that, before making such a recommendation, the
Commission shall consult the Administrative Secretary in-charge of the
Department which is to deliver the public service;
(e) recommend steps to be taken by the Public Authorities for
efficient delivery of public services;
(f) monitor delivery of the public services by Public Authorities;
(g) hear and decide the appeal filed before it as per section 18.
(2) 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 5 of
matters, namely :— 1908.
(a) summoning and enforcing the attendance of persons, compelling
them to give oral or written evidence on oath and producing documents
or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavits;
(d) requisitioning any public records or copies thereof from any
court or office;
(e) issuing summons for examination of witnesses or documents;
and
(f) any other matter which may be prescribed.
Action by 17. The State Government shall consider the recommendations made
Government on
by the Commission under clauses (c), (d) and (e) of sub-section (1) of section
recommendations
of Commission. 16 and sent information to the Commission of action taken within a period
of thirty days or such time thereafter as may be decided in consultation with
the Commission.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 9
18. (1) The eligible person or the Designated Officer being aggrieved Appeal to
by an order of Second Appellate Authority may file an appeal before the Commission.
Commission within the period of sixty days from the date of receipt of such
order.
(2) The Chief Commissioner or the Commissioner, as the case may be,
shall dispose of such appeal within a period of ninety days from the date of
receipt of the appeal, after giving all the parties an opportunity of being
heard. The Commission may impose the penalty on the Designated Officer
or First Appellate Authority or vary or cancel the penalty imposed and may
order to refund such penalty paid, if any.
19. (1) The Commission shall, after the end of each financial year, Annual
prepare a report on its working during the preceding year as well as on the report.
evaluation of performance of delivery of public services by the Public
Authorities and present the same to the State Government.
(2) The State Government shall lay the annual report presented by the
Commission before each House of the State Legislature.
20. (1) All Public Authorities may take time bound effective steps to Developing
reduce the demand from an eligible persons to submit various certificates, culture to
documents, affidavits, etc. for obtaining public services. The Public Authority deliver public
services
shall make concerted efforts to obtain requisite information directly from within
other Departments or Public Authorities. stipulated
(2) The failure on the part of the Designated Officer to deliver public time limit.
services within stipulated time limit shall not be counted towards misconduct
as the purpose and the aim is to sensitize the Designated Officers towards
the aspirations of the eligible persons and to use information technology
and adopt e-governance culture to deliver the public services to the eligible
persons within stipulated time limit.
(3) On receipt of communication in writing from the Second Appellate
Authority or the Chief Commissioner or the Commissioner, as the case may
be, regarding repeated defaults on the part of the Designated Officer, the
head of the Public Authority concerned shall be competent to take
appropriate administrative action after recording a finding to that effect,
but not before giving a show cause notice and an opportunity of being heard
to the defaulting officer.
Explanation.—For the purpose of this sub-section, a Designated Officer
shall be deemed to be a repeated defaulter, if he commits ten per cent. defaults
in total eligible cases he has received in a year.
(4) All the Designated Officers and Appellate Authorities shall undergo
a periodic training to enhance and ensure time bound delivery of the public
services. The State Government shall facilitate the training process for all
concerned officers and it may be part of syllabus in foundation course of the
officers or employees.
(5) (a) To encourage and enhance the efficiency of the Designated Officer,
the head of the Public Authority may grant cash incentive of such amount as
may be notified by the Government to a Designated Officer against whom no
default is reported in a year and who is delivering public services within the
stipulated time limit along with a Certificate of Appreciation and also take
a corresponding entry in the service record of the concerned officer.
(b) The State Government may give appropriate awards to felicitate
the Public Authorities which perform best in achieving the purposes of this
Act.
21. The Government shall allocate adequate funds for implementation Allocation of
of the provisions of this Act and for training of the Designated Officers, funds.
Appellate Authorities and their staff.
10 ¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937
Provisions to 22. The provisions of sections 9, 12 and sub-section (3) of section 20 of
be this Act shall be supplemental to the disciplinary and financial rules and
supplemental
such other service rules and regulations as applicable to the employees of
to disciplinary
rules. the Government or Public Authority concerned, as the case may be.
Action against 23. If an eligible person deliberately gives false or frivolous information
eligible person in the application or submits false documents along with the application
for giving false and obtain the public services under this Act on the basis of such information
or frivolous
information,
or documents, in that case an action shall be taken against him under the
etc. relevant provisions of the penal law in force.
Power of 24. The State Government may issue to the Public Authority such
Government to general or special directions in writing for the purpose of effective
issue
implementation of this Act and the Public Authority shall be bound to follow
directions.
and act upon such directions.
Protection of 25. No suit, prosecution or other legal proceedings shall lie against
action taken in any person for anything which is done or purported to have been done in
good faith.
good faith in pursuance of the provisions of this Act or the rules made
thereunder.
Bar of 26. No civil court, tribunal or other authorities shall have jurisdiction
jurisdiction.
in respect of any matter which the Commission and the Appellate Authorities
are empowered by or under this Act to determine.
Act to override 27. In relation to the services notified under this Act and its
other laws. implementation, the provisions of this Act shall have effect notwithstanding
anything inconsistent therewith contained in any other law for the time being
in force or in any rules having effect by virtue of any law other than this Act.
Power to make 28. (1) The Government may, subject to the condition of previous
rules.
publication, by notification in the Official Gazette, make rules to carry out
the purposes of this Act.
(2) Every rule made under this Act, shall be laid, as soon as may be,
after it is made, before each House of the State Legislature, while it is in
session for a total period of thirty days, which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session in which it is so laid or the session immediately following, both
Houses agree in making any modification in any rule or both Houses agree
that the rule should not be made, and notify their decision to that effect in
the Official Gazette, the rule shall, from the date of publication of a notification
in the Official Gazette, of such decision have effect only in such modified
form or be of no effect, as the case may be; so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done or omitted to be done under that rule.
Power to 29. (1) If any difficulty arises in giving effect to the provisions of this
remove Act, the State Government may, as occasion arises, by an order published in
difficulties.
the Official Gazette, do anything not inconsistent with the provisions of this
Act, which appears to it to be necessary or expedient for the purpose of
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.
(2) Every order made under sub-section (1) shall be laid, as soon as may
be, after it is made, before each House of the State Legislature.
¨É½þÉ®úɹ]Åõ ¶ÉɺÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMɺ]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937 11
Mah. 30. (1) The Maharashtra Right to Public Services Ordinance 2015 is Repeal of
Ord. V hereby repealed. Mah. Ord. V
of 2015. of 2015 and
(2) Notwithstanding such repeal, anything done or any action taken saving.
(including any notification or order issued) under the said Ordinance shall
be deemed to have been done, taken or issued, as the case may be, under the
corresponding provisions of this Act.

ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY SHRI PARSHURAM JAGANNATH GOSAVI, PRINTED
AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004, EDITOR : SHRI PARSHURAM JAGANNATH GOSAVI.

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