¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

1
RNI No. MAHENG/2009/35528

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ
+ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö

´É¹ÉÇ 1, +ÆEò 50(3)]

¶ÉÖGò´ÉÉ®ú, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

[ {ÉÞ¹`äö 11, ËEò¨ÉiÉ : ¯û{ÉªÉä 27.00

+ºÉÉvÉÉ®úhÉ Gò¨ÉÉÆEò 98
|ÉÉÊvÉEÞòiÉ |ÉEòÉ¶ÉxÉ
¨É½þÉ®úÉ¹]Åõ Ê´ÉvÉÉxÉ¨ÉÆb÷³ýÉSÉä  +ÊvÉÊxÉªÉ¨É ´É ®úÉVªÉ{ÉÉ±ÉÉÆxÉÒ |ÉJªÉÉÊ{ÉiÉ  Eäò±Éä±Éä +vªÉÉnäù¶É ´É Eäò±Éä±Éä  Ê´ÉÊxÉªÉ¨É +ÉÊhÉ
Ê´ÉÊvÉ ´É xªÉÉªÉ Ê´É¦ÉÉMÉÉEòbÚ÷xÉ +É±Éä±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
Maharashtra  Right  to  Public  Services  Ordinance,  2015  on  the  28th  April
2015;

Mah.
Ord.  V
of  2015.

¦ÉÉMÉ  +É`ö--98--1

(1)

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Short  title,
extent,
commencement
and
application.

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  :—

1.
Act, 2015.

(1) This Act may be called the Maharashtra Right to Public Services

(2) It extends to the whole of the State of Maharashtra.

(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
Revenue  Code,  1966;

(g) “eligible person” means a person who is eligible for obtaining a

Mah.
XLI of
1966.

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®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]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
the  date  of  commencement  of  this  Act,  and  thereafter  from  time  to  time,
notify  the  public  services  rendered  by  it  along  with  Designated  Officers,
First  and  Second  Appellate  Authorities  and  stipulated  time  limit.

(2) The  Public  Authority  shall  display  or  cause  to  be  displayed  on  the
notice board of the office and also on its website or portal, if any, the list of
the  public  services  rendered  by  it  alongwith  the  details  of  the  stipulated
time limit, form or fee, if any, Designated Officers, First Appellate Authorities
and  Second  Appellate  Authorities.

4. (1) Subject  to  the  legal,  technical  and  financial  feasibility,  every
eligible  person  shall  have  a  right  to  obtain  public  services  in  the  State  in
accordance  with  this  Act,  within  the  stipulated  time  limit.

(2) Subject  to  the  legal,  technical  and  financial  feasibility,  every
Designated  Officer  of  the  Public  Authority  shall  provide  the  public  services
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
eligible person to the Designated Officer. The receipt of an application shall
be  duly  acknowledged  and  the  applicant  shall  be  intimated  in  writing  or
through electronic means, specifying date and place of receipt of application,
unique  application  number  alongwith  stipulated  time  limit  for  the  disposal
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.

Public
services,
Designated
Officers,
Appellate
Authorities
and
stipulated
time  limit  to
be  notified.

Right  to
obtain  public
services
within
stipulated
time  limit.

Providing
public
services
within
stipulated
time  limit.

6. (1) Every eligible person having applied for any public services shall
be  provided  with  unique  application  number  by  the  concerned  Public
Authority so that he can monitor status of his application online, where such
system  is  in  operation.

Monitoring
status  of
application.

4

¨É½þÉ®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

Use  of
Information
Technology for
delivery of
public  services.

Appointment
of  Appellate
Authorities.

Appeal.

(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.

7. The Government shall encourage and aspire all the Public Authorities
to  utilise  Information  Technology  to  deliver  their  respective  public  services
within  the  stipulated  time  limit.

8. (1) The Public Authority shall appoint an officer not below the rank
of Group “B” or its equivalent rank, who is superior in rank to the Designated
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.

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®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]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
vested  in  civil  court  while  trying  a  suit  under  the  Code  of  Civil  Procedure,
1908 in respect of the following matters, namely :—

5  of
1908.

(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
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
communicate to  the Designated Officer or  the First Appellate  Authority,  as
well  as  to  the  Public  Authority  about  the  amount  of  penalty  imposed  in
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
the  Second  Appellate  Authority  about  the  repeated  failures  committed  by
the  concerned  Designated  Officer  to  provide  public  services  or  repeated
delays  in  providing  public  services  as  well  as  repeated  failure  to  comply
with  the  direction  of  the  Appellate  Authorities,  shall  issue  a  show  cause
notice  to  the  Designated  Officer  within  a  period  of  fifteen  days,  why  a
disciplinary  action  should  not  be  initiated  against  him.  The  Competent
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

Penalty.

Procedure for
recovery of
penalty.

Procedure for
fixing
responsibility
on
Designated
Officer for
repeated
failures.

6

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Constitution
of
Maharashtra
State  Right
to  Service
Commission.

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.

13. (1) The State Government shall, by notification in the Official Gazette,
constitute  for  the  purposes  of  this  Act,  a  Commission  to  be  called  as  “the
Maharashtra State Commission for Right to  Service” :

Provided that, till the time the Commission is constituted by the State
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®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

7

14. (1) The  Chief  Commissioner  and  the  Commissioners  shall  hold
office  for  a  term  of  five  years  from  the  date  on  which  they  enter  upon  the
respective offices, or until they  attain the  age of  sixty-five years,  whichever
is  earlier,  and  shall  not  be  entitled  for  re-appointment.

Term  of  office
and
conditions  of
service.

(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
may,  by  order  remove  from  office  of  the  Chief  Commissioner  or  any
Commissioner,  if  the  Chief  Commissioner  or  a  Commissioner,  as  the  case
may be,—

Removal  of
Chief
Commissioner
or
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+

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(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
functions of
Commission.

16. (1) It  shall  be  the  duty  of  the  Commission  to  ensure  proper
implementation of this Act and to make suggestions to the State Government
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
matters, namely :—

5  of
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
Government on
recommendations
of  Commission.

17. The  State  Government  shall  consider  the  recommendations  made
by the Commission under clauses (c), (d) and (e) of sub-section (1) of section
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®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

9

18. (1) The  eligible  person  or  the  Designated  Officer  being  aggrieved
by  an  order  of  Second  Appellate  Authority  may  file  an  appeal  before  the
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.

Appeal  to
Commission.

19. (1)  The  Commission  shall,  after  the  end  of  each  financial  year,
prepare a report on its working during the preceding year as well as on the
evaluation  of  performance  of  delivery  of  public  services  by  the  Public
Authorities  and  present  the  same  to  the  State  Government.

Annual
report.

Developing
culture to
deliver  public
services
within
stipulated
time  limit.

(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
reduce  the  demand  from  an  eligible  persons  to  submit  various  certificates,
documents, affidavits, etc. for obtaining public services. The Public Authority
shall  make  concerted  efforts  to  obtain  requisite  information  directly  from
other  Departments  or  Public  Authorities.

(2) The  failure  on  the  part  of  the  Designated  Officer  to  deliver  public
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
of  the  provisions  of  this  Act  and  for  training  of  the  Designated  Officers,
Appellate  Authorities  and  their  staff.

Allocation  of
funds.

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Provisions  to
be
supplemental
to  disciplinary
rules.
Action  against
eligible  person
for giving  false
or frivolous
information,
etc.
Power of
Government to
issue
directions.

Protection  of
action  taken  in
good  faith.

Bar  of
jurisdiction.

Act  to  override
other  laws.

Power  to  make
rules.

Power  to
remove
difficulties.

22. The provisions of sections 9,  12 and sub-section (3) of section 20  of
this  Act  shall  be  supplemental  to  the  disciplinary  and  financial  rules  and
such  other  service  rules  and  regulations  as  applicable  to  the  employees  of
the Government  or Public  Authority concerned, as  the case  may be.

23. If an eligible person deliberately gives false or frivolous information
in  the  application  or  submits  false  documents  along  with  the  application
and obtain the public services under this Act on the basis of such information
or  documents,  in  that  case  an  action  shall  be  taken  against  him  under  the
relevant  provisions  of  the  penal  law  in  force.

24. The  State  Government  may  issue  to  the  Public  Authority  such
general  or  special  directions  in  writing  for  the  purpose  of  effective
implementation of this Act and the Public Authority shall be bound to follow
and  act upon  such  directions.

25. No  suit,  prosecution  or  other  legal  proceedings  shall  lie  against
any  person  for  anything  which  is  done  or  purported  to  have  been  done  in
good  faith  in  pursuance  of  the  provisions  of  this  Act  or  the  rules  made
thereunder.

26. No  civil  court,  tribunal  or  other  authorities  shall  have  jurisdiction
in respect of any matter which the Commission and the Appellate Authorities
are  empowered  by  or  under  this  Act  to  determine.

27. In  relation  to  the  services  notified  under  this  Act  and  its
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.
28. (1)  The  Government  may,  subject  to  the  condition  of  previous
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.

29. (1)  If  any  difficulty  arises  in  giving  effect  to  the  provisions  of  this
Act, the State Government may, as occasion arises, by an order published in
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®úÉ¹]Åõ ¶ÉÉºÉxÉ ®úÉVÉ{ÉjÉ +ºÉÉvÉÉ®úhÉ ¦ÉÉMÉ +É`ö, +ÉìMÉº]õ 21, 2015/¸ÉÉ´ÉhÉ 30, ¶ÉEäò 1937

11

Mah.
Ord.  V
of  2015.

30. (1) The  Maharashtra  Right  to  Public  Services  Ordinance  2015  is

hereby  repealed.

(2) Notwithstanding  such  repeal,  anything  done  or  any  action  taken
(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.

Repeal  of
Mah. Ord. V
of  2015  and
saving.

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.

