Service of notice of hearing

Section 10 of the Chhattisgarh Lok Seva Guarantee Act 2011 deals with service of notice of hearing. If any difficulty arises in giving effect to the provision: af this Act, the Government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties: Provided that, n

(1) If any difficulty arises in giving effect to the provision: af this Act, the Government may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this Act, as appear to it to be necessary or expedient for removing the difficulties:

Provided that, no such orders shall be made after the expiry of a period of two years from the date of commencement of this Act.

(2) Every order made under this section shall, as soon as may be, after it is made, be laid before the Legislative Assembly of the State. IndiaCode Raipur, the 12th December 201 1 NOTIFICATION No. F3-1/2011/1-6 .- In exercise of powers conferred by sub-section (3) of Section 1 of the Chhattisgarh Lok Sewa Guarantee Act, 201 1 (No. 23 of 2011), the State Government, hereby, appoints the twelth day of December, 2011 as the date on which said Act shall come into force. By order and in the name of the Governor of Chhattisgarh, NIDHI CHHIBBER, Secretary. IndiaCode 632 (1) 632 (2) 632 (3) 632 (4) 632 (5) 632 (6) 632 (7) 632 (8) 1. Indiac Ne 5. 632 (9) 1. 2. IndiaCode 632 (10) 632 (11) 632 (12) Raipur, the 14th December 2011 NOTIFICATION No. F 3-2/2011/1-6 .- In exercise of the powers conferred by sub-section (1) of Section 9 of the Chhattisgarh Lok Sewa Guarantee Act, 2011 (No. 23 of 2011), the State Government, hereby makes the following rules for laying down the procedure for presenting application, appeal and payment of cost, riamely :- RULES India 1. Short title and commencement .- (1) These rules may be called the Chhattisgarh Lok fewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2.011.

(2) They shall corne into force from the date of its publication in the Official. Gazette. 2. Definitions .- (1) In these rules, unless the context otherwise requires, - (a) "Act" means, the Chhattisgarh Lok Sewa Guarantee Act, 2011 (No.23 of 2011';

(b) "Appellate Authority" means, an officer empowered in Section 2(2) of the; Act who can hear appeals against the orders passed by the Competent Officer;

(c) "Competent Officer" means, an officer empowered to impose cost for de fault or delay caused by the person responsible for delivery of Lok Sewa as mentioned in Section 2(b) of the Act;

(d) "Cost" means, cost as imposed for payment by the Competent Authority on a person responsible for delivering Lok Sewa for the services specified in Section 4(4) of the Act.

(e) "Department" means, a Department of the Government or a section, division, branch, office or constituent unit, or by whatever name called, of a local body, public authority or agency, as the case may be, as mentioned in Section 2(c) of the Act;

(f) "Designated Officer" means, an officer responsible for delivering Lok Sewa as mentioned in Section 4(1) of the Act;

(g) "Form" means, form attached to these rules made under the Act; 632 (13) (h) "Government" means, the Government of Chhattisgarh as mentioned in section 2(d) of the Act;

(i) "Local body" means, any Authority, Municipal Corporation, Municipality, Panchayat or any Other Body, as mentioned in Section 2(e) of the Act;

(j) "Lok Sewa" means, Services mentioned in Section 2(f) of the Act;

(k) "Notification" and "Notified" means a notification published in the Official Gazette under Section 2(g) of the Act;

(1) "Prescribed" means, prescribed by these rules;

(m) "Public Authority" means, an authority or body or an autonomous body mentioned in Section 2(i) of the Act;

(n) "Rule" means, the Chhattisgarh Lok Sewa Guarantee (Avedan, Appeal, tatha Parivyaya ka Bhugtan) Niyam, 2011;

(0) "Schedule" means, issuing of Schedule under these rules related to notified civilians in public services under Section 3(1) of the Act;

(p) "Stipulated time" means, the specified time to provide Lok Sewa or to decicle the appeal by the Appellate Authority notified under these rules;

(2) The words and expression used in these rules which are not defined, shall have the same meaning as assigned to them in the Act. 3. Authorization of Designated Officer .- Each department, shall designate a responsible officer, for delivering Lok Sewa in prescribed time under Section. 4(1), and the designated officer shall be responsible for necessary action on each application and providing Lok Sewa to the applicant in stipulated time as mentioned in the Schedule. 4. Procedure for receiving' application .- Each Officer designated by department shall authorise his sub-ordinate officer/employee to receive the applications, examine them and to issue the acknowledgement to the applicant for the public services provided by his office. 5. Issuing of acknowledgement to applicant .- The officer/employee authorised under the said procedure, on receipt of applications shall immediately check whether necessary documents have been annexed with the application. Application which is complete in all respect and with necessary documents shall only be entertained. Authorised officer/employee shall give acknowledgement to the applicant in Form-1, as specified in rule 4. Incomplete applications shall be returned back to applicant with a note on its incompleteness. Complete applications received on each working day, shall be produced before "Design ated Officer" on the same working day for providing Lok Sewa. 632 (14) 6. Declaration of Competent Officer .- As per Section 5 of the Act, each department shall declare one or more than one Competent Officer, who is/are not below the rank of Designated Officer responsible for providing Lok Sewa, for enquiring the default or delay made by Designated Officer. The Competent Officer shall have the powers to impose cost on Designated Officer under the provisions of the Act. If the Designated Officer failed to provide Lok Sewa in stipulated time, the applicant may submit complaint to Competent Officer. On receiving such a complaint, Competent Officer shall enquire into the reasons for delay in providing Lok Sewa and after according a reasonable opportunity of hearing to the Designated Officer, decide the complaint within 30 days. Competent Officer after going through reasons and facts produced by Designated Officer shall decide whether he is responsible or not for delay in providing Lok Sewa. If Designated Officer is found responsible for not providing services in stipulated time then the Competent Officer shall impose cost under Section 4(4) of the Act and give the directions to provide services at the earliest, if the services are not provided to the applicant. Copy of the order passed by Competent Officer shall be endorsed to applicant, designated officer and the officer having administrative control over designated officer. Responsibility of designated officer to provide service required by the applicant at the earliest shall remain in tact even after cost is imposed on hin1. Any person who is aggrieved by an order passed by the Competent Officer shall be entitled to file an appeal before the Appellate Officer within 30 days. 7. Appointment of Appellate Officer .- For the hearing of appeals filed by the aggrieved party against the order passed by Competent Officer, each Department shall notify Appellate Officer under Section 7(2) of the /Act whose rank shall not 'be below the rank of Competent Officer. Appellat. officer shall decide the; appeal within a maximum time limit of 45 days, from the date of filing appeal and while disposal of appeal follow rules of natural justice. The order passed by Applellate Authority shall be final and binding. 8. Appeal .- Any person who is aggrieved by an order passed by the Competent Officer shall be; entitled to file an appeal before the Appellate Authority within a period, not exceeding thirty days from the receipt of the impugned order. There s'nall be no fees for appeal.

(1) The following information shall be furnished in an application for appeal- 632 (15) (i) name and complete address of the appellant;

(ii) brief description of required service;

(iii) date of the application produced before designated officer for providing service;

(iv) date of the application produced before competent officer;

(v) particulars of that order of competent officer against whom appeal is made with date;

(vi) the grounds for appe al;

(vii) relief sought;

(viii) any other information necessary for filing, appeal.

(2) Documents to be annexed with appeal- The following documents shall be annexed with every application for appeal, namely :- (i) self-attested copy of the order of the competent officer against which the appeal is made;

(ii) the copies of the documents mentioned in the application for appeal;

(iii) the index of the documents annexed with the application for appeal;

(iv) self-attested copies of the documents mentioned in the original applications of applicant and appellant. 9. Procedure for deciding appeal .- In deciding the application for appeal the Appellate Authority shall - (i) inspect relevant documents, public documents or copies thereof;

(ii) hear designated officer/applicant, as the case may be, at the time of appeal.

Section 10, The Chhattisgarh Lok Seva Guarantee Act 2011 (Act 23 of 2011).