Annexure A
Government of Punjab
Department of Governance Reforms and Public Grievances
(Governance Reforms- 2 Branch)
Notification
The____,2018,
No. ______________________________- In exercise of the powers conferred by Section 20 of the Punjab Transparency & Accountability in Delivery of Public Services Act, 2018 (Punjab Act No. __of___), and all the powers enabling him in this behalf the Governor of Punjab is pleased to make the following rules, namely:-
1. Short title and commencement. – (1) These rules may be called the Punjab Transparency & Accountability in Delivery of Public Services Rules, 2018.
(2) These rules shall come into force with effect from the date of their publication in the Official Gazette.
2. (1) Definitions. -In these rules, unless the context otherwise requires:-
(i) “Act” means the Punjab Transparency & Accountability in Delivery of Public Services Act, 2018;
(ii) “Form” means the Form appended to these rules; and
(iii) “Section” means section of the Act.
(2) Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in the Act.
Section 3
3. Display of information of notified public services and connected details on notice board or at website.– (1) Every public authority shall notify and display or cause to display the list of each notified public service to be rendered by it, the name of Designated Officer and the Appellate Authority, the stipulated time limit for providing the service,the application form,the government fee and/or the facilitation charges, if any, in the format given in Form-1, for every service on the notice-board of its office and also on the website/ portal of the public authority if any.
Section 5
(2) The public authority shall, after the publication of the list under sub-rule (1) above, review the same and notify the services which shall be made available through electronic mode, and through other modes in the first week of every quarter starting January of every year.
(3) The public authority while reviewing the list under sub-rule (1) and (2) above, by notification, omit,amend or add any public service in the same manner.
(4) Such display shall be in Punjabi/ English language.
(5) In the event of non-display of such information, the Chief Commissioner or the concerned Administrative Secretary may take suo-moto cognizance and initiate appropriate action against the concerned public authority or designated officer, as the case may be.
4. Format of application form and necessary documents required to be attached.-(1) The public authority concerned shall notify digital / paper-based application form along-with a list of valid documents required to be enclosed therewith for obtaining every public service.
(2) The checklist of documents to be furnished along-with the application form should be mentioned in the form itself.
(3) The application form shall tie in Punjabi/ English language.
(4) The application form shall tie available at the office of the Designated Officer and at the SewaKendras, such Centers, as the case may. Downloadable copy of the said application form shall also be made available on the website/ portal of the public authority or the Department.
(5) All public authorities shall take necessary steps to lessen the burden of an eligible person to submit various certificates, documents, affidavits, etc. for obtaining public services and
Shall endeavor to obtain or verify such information and documents directly from relevant Departments or public authorities concerned electronically, wherever possible.
(6) The Public authority shall endeavor to provide an option for ‘Tatkal’ service – wherever possible and provide such choice in the application from for the applicant.
5. Payment of fees. –
(1) The Applicant is required to make payment of the government fee and/ or the facilitation charges and/or additional cost for Tatkal Service, if any, for each service, as notified by the concerned public authority from time to time, either directly to the concerned public authority or through electronic mode, as the case may be, for availing public services.
6. Receipt and acknowledgement of application. –
(1) An eligible person shall submit an application form or service request to the Designated Officer or to a person subordinate to him authorized to receive the application form along-with necessary documents for obtaining the public service under this Act.
(2) The application form or service request can be made in paper or through electronic mode, as the case may be, in a manner as notified under rule (4) above.
(3) The acknowledgement of the application form or service request shall be issued to the eligible person, which shall be duly signed by the Designated Officer or the subordinate official authorized by him, specifying date, time and place of receipt, unique number, office stamp/ name of the officiaireceiving the application form or service request, stipulated time limits within which the applied service will be provided to the eligible person.
(4) If the application form is received manually, the acknowledgement of the same shall be given manually. If the application form is received through digital mode, the acknowledgement shall be through email or SMS or any other electronic means. Online acknowledgement will also be treated as acknowledgement given to the eligible person.
(5) A copy of filled-up application form shall be sent to the applicant, through email in case he/ she has shared email ID, while applying for service request.
7. Providing public services within the stipulated time limit.- (1) The stipulated time limit shall start from the date when the required application form, complete in all respects, for a public service is submitted to the Designated Officer or to a person authorized to receive the application form in a manner as specified under rule (4) above.
Exception-1: Provided that the public holidays shall not be included while calculating the stipulated time limit for delivery of service.
Exception-2 .Provided further that in case the application form is submitted at Sewa/ Suwidha Centers, FardKendras and SaanjhKendras, an additional period of two days would be added to the specified time limit,
Exception-3: Provided further that during elections or in the event of natural calamities, the concerned administrative department may, by an order, extend the stipulated time limit for notified public services under Section (3) of the Act for specific period of time mentioned in the order, if necessary.
8. Maintenance of records of all cases of service delivery. –
(1) Every Designated Officer shall maintain a record of services applied in a format given in Form-II, preferably in electronic format.
(2) The Designated Officer shall send electronically., on monthly basis, a list of applied cases, disposed cases, pending cases as well as the action taken report in respect of delayed/rejected cases to the concerned Head of the Public Authority, which will consolidate the data before sending it to the Department or the Commission through electronic mode.
9. Intimation of rejection of application. —
(1) In case, where the concerned Designated Officer, for valid reasons,comes to the conclusion that the applied service cannot be provided to the applicant, the same shall be intimated to the applicant with reasons, in writing and /or through SMS in case the mobile number is given in application form, within a stipulated time limit If the application is made online, then rejection order shall be sent to the applicant online through email or SMS.
(2) The Designated Officer shall not raise piecemeal objections on such application and the objections if any will be conveyed at the first instance.
10. Processing and monitoring of applications.-
(1) Each application for delivery of service shall be tagged to a unique number to enable the applicant to monitor the status of the application.
(2) Applications shall be processed within the stipulated time limit.
(3) The Designated Officer may be seek additional information or clarification on the submitted application only once before the expiry of the prescribed time limit preferably through email or SMS. In such a scenario, the prescribed time limit will start afresh from the date of receipt of additional information or clarification from the eligible person.
(4) The Designated Officer shall ensure minimal physical interface with the applicant, as far as possible, for delivery of the service.
(5) The Designated Officer shall communicate the ground for rejection, if the application of an eligible person is rejected, in person/through email/post/SMS.
(6) The eligible person, who has applied for the service, will be able to know the status of his application online or through SMS or at portal or any other means as notified by the public authority.
(7) The public authority shall create a mechanism/ system to enable the applicant to track the status of application using the unique number provided. The public authority shall ensure the timely updates on the status of application.
Section 7
11. Developing work culture to deliver public services within stipulated time limit and benchmarks of performance levels.-
(1) The Commission in consultation with the concerned Department shall devise the mechanism for evaluation and bench-marking the performance of the public authorities in delivery of pubic services.
(2) All the Designated Officers and the Appellate Authorities shall undergo periodic requisite training by the Public Authority concerned to enhance and ensure time-bound delivery of the public services in a transparent and accountable manner.
(3) All the Designated Officers and the Appellate Authorities shall interact with the applicants, on a periodic basis, to know their grievances or suggestions for improving efficacy in the service delivery.
12. Procedure for appeal to the Appellate Authority.- An appeal to the Appellate Authority under Section 8 of the Act shall be filed in Form III, either manually or online within 30 days form the date of rejection or expiry of the stipulated time limit, as the case may be.
Providing that the Appellate may, in exceptional case, admit the appeal even after the expiry of the period of thirty (30) days, subject to the maximum period of ninety (90) days, if it is satisfied with the genuineness of the reasons for delay given by the Appellant.
13. Service of the notice of the appeal,-
(1) The notice of hearing of the appeal, as the case may be, shall be served to the applicant in any of the following manners:-
(i) by hand delivery through special messenger;
(ii) by registered post with due acknowledgement;
(iii) online through email or SMS or any other electronic means;
(iv) in case of government servant, through his/her controlling officer or online or email or SMS.
(2) In all the appeals, the date of hearing shall be communicated to the appellant and the Designated Officer, at-least ten(10) clear days in advance.
14. Procedure for deciding the appeal-
(1) While deciding the appeal, the Appellate Authority shall have the same powers as are vested in Civil Court while trying a suit under the Code of Civil Procedure, 1908, in respect of the following matters, namely:-
(i) summoning the Designated Officer and appellant at the hearing of Appeal;
(ii) enforcing the attendance of persons, compelling them to give oral or written evidence on oath and producing documents or things;
(iii) requiring the discovery and inspection of documents;
(iv) scrutinizing the relevant documents or copies thereof;
(v) receiving evidence on affidavits;
(vi) issuing summons for examination of witness or documents;
(vii) hearing the Designated Officer and the appellant the time of hearing of the appeal.
(2) If any party remains absent even after due service of notice of hearing, then the appeal shall be disposed of in his absence.
15. Order in the appeal by the Appellate Authority. – (1) The order in the appeal shall be in writing.
(2) Copy of the order in appeal shall be given to the appellant, who has filed the appeal, and the Designated Officer.
Section 9 (2)
16. Suo-moto notice by the Appellate Authority.-
(1) The Appellate Authority may take suo-moto notice of failure to deliver service in such cases where the applications are not decided by the Designated Officer/ his authorized person within the stipulated period and there is unreasonable delay in disposal of such applications in public interest. On finding any lapse, the Appellate Authority may pass appropriate orders in this regard as it may deem fit, as the facts and circumstances of the case may warrant.
Provided that before passing an adverse order, a reasonable opportunity of being heard, shall be given to the eligible person and / or the Designated Officer.
17. Records of appeal cases.— The Designated Officer and the Appellate Authority shall maintain a complete record of the appeal cases in Form IV, either manually or in electronic form.
Section 10
18. The recovery of penalty. –
(1) In the case of imposition of penalty, the Appellate Authority shall forward a copy of such order to the Administrative Department concerned, with instructions to deduct the amount as per provision of Section (10) of the Act, from the salary or remuneration of the Designated Officer and/or any other official involved in the process of providing such service against which penalty has been awarded.
(2) In the event of recommendations for disciplinary action against the Designated Officer and other official, the Appellate Authority shall send a copy of such order to his office establishment with a copy to the Administrative Department concerned and to the Commission.
(3) The penalty imposed under the provisions of the Act, shall be recovered in proportion to be fixed by the 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 Public Authority to which a copy of such order of Appellate Authority has been marked, 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 service, as decided by the Appellate Authority. The penalty so recovered, shall be deposited in the Bank account of the Commission and a copy of receipt of deposit shall be forwarded to the Appellate Authority and the AD concerned.
(5) In the event of award of compensation to the applicant/appellant by the Appellate Authority, the concerned Public authority shall make payment to the applicant/appellant out of penalty recovered by it and deposit the balance amount in the bank account of the Commission as stipulated m the said sub-rule (4). A copy of receipt of compensation by the applicant shall be forwarded to the Appellate Authority,
19. Procedure for revision before the Commission –
(1) An application for revision addressed to the Commission or an officer nominated in this respect shall be made in Form V within a period of sixty (60) days from the date of such order.
Exception:– Provided that the Commission may entertain the application after the expiry of the said period of sixty (60) days, if it is satisfied that the application could not be submitted in time for a reasonable cause.
(2) The applicant shall enclose a self-attested copy of the order of the Appellate Authority against which the revision has been filed.
(3) After receiving the application under sub-rule (1), the Commission shall send notice of the same to the party concerned either,-
(i) dasti i.e. through the party filing the revision; or
(ii) by registered post with acknowledgement; or
(iii) through e-mail.
(4) 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 matters, namely:—
(i) summoning the Designated Officer and appellant at the time of hearing of Appeal;
(ii) enforcing the attendance of persons, compelling them to give oral or written evidence on oath and producing documents or things;
(iii) requiring the discovery and inspection of documents;
(iv) requisitioning any public records or copies thereof from any court or Public Authorities; .
(iv) scrutinizing the relevant documents or copies thereof;
(v) receiving evidence on affidavits;
(vi) issuing summons for examination of witnesses or documents;
(vii) hearing the Designated Officer and the appellant at the time of hearing of the appeal.
(5) While deciding any application, in order to ascertain the facts, the Commission may authorize an officer to enquire into the matter. The officer, to whom such an inquiry has been entrusted, shall submit report to the Commission within a period of fifteen (15) days.
(6) The Commission shall decide the application in view of the relevant record available before it.
20. Suo-moto notice by the Commission. – The Commission may take suo-moto notice in such cases where the applications/ appeals are not decided by the Designated Officer/ Appellate Authority within the stipulated period and there is unreasonable delay in disposal of such applications/ appeals. On finding any lapse, the Commission may pass appropriate orders in this regard as it may deem fit.
21, Records of revision or suo-moto cases by the Commission.— The Commission shall maintain a complete record of the revision or suo-moto cases in Form VI, either manually or in electronic form in separate registers.
22. Salary, allowance and conditions of service of the officers and other employees.-
(1) Th employees appointed on deputation from any department of the State Government, Board, Corporation or other statutory body of the State Government, shall be paid 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 Government from time to time.
(2) The employees recruited on outsource or contract by the Commission shall be governed by the policy of the State Govt. as decided from time to time.
(3) The term of office of the other officers and other employees shall be such as the State Government may specify by order.
(4) The Commission may also employ retired employees of the State Government, Boards, Corporations or statutory bodies of the State Government as per the guidelines issued by the govt. from time to time.
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