 bill no 270 of  2017 the right to public services bill, 2017 by shri ninong ering, mp a billto provide for the delivery of notified public services to citizens within the stipulated time limit and for matters connected therewith or incidental theretobe it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the right to public services act, 2017short title, extent and commencement(2) it extends to the whole of the india, except the state of jammu and kashmir(3) it shall come into force on such date as the central government may, by notification in the official gazette, appoint5definitions2 in this act, unless the context otherwise requires:—(a) "appellate authority" means an authority including one belonging to thelocal self-government, notified as such under section 4;10(b) "designated public authority" means an authority or body including onebelonging to the local self-government and organizations, owned, controlled or substantially financed by the central government and notified as such for providing the service under section 4;(c) "eligible person" means a person who is eligible for receiving the servicesnotified by the central government;(d) "prescribed" means as prescribed by rules made under this act;5(e) "reviewing authority" means an authority appointed or designated includingone belonging to the local self-government notified as reviewing authority under section 4;(f) "right to public service" means right to obtain the services notified by thecentral government under section 3, from time to time, within the stipulated time limit;(g) "service" means any service notified under section 4; and10(h) "stipulated time limit" means maximum time to provide the service by thedesignated public authority or to decide the appeal by the appellate authority and reviewing authority as notified under section 43 every eligible person shall have the right to obtain public services to be notified bythe central government, from time to time, in accordance with the provisions of this actright to obtain public services15notification of authorities4 the central government shall, from time to time, notify in the official gazette, theservices to be rendered, provisions for fast track service delivery, designated public authority, appellate authority, reviewing authority for the purposes of this act5 (1) the designated public authority shall provide the service notified under section 4,to the person eligible to obtain the service, within the stipulated time limit20right to obtain public service within stipulated time limit(2) the stipulated time limit, if not prescribed otherwise in the notification issuedunder section 3, shall commence from the date when required application for notified service is submitted to the designated public authority or to a person subordinate to him authorized to receive the application, which shall be duly acknowledgedapplication6 (1) any application being filed for obtaining services notified under the act shall betreated as application under the act25(2) the designated public authority on receipt of an application shall, within thestipulated time limit, provide service or reject the application:provided that in case of rejection of application the designated public authority shallrecord the reasons in writing and intimate the same to the applicant30appeal7 (1) any person, whose application is rejected under sub-section (2) of section 6 orwho is not provided the service within the stipulated time limit, may file an appeal to the appellate authority within thirty days from the date of rejection of application or the expiry of the stipulated time limit, as the case may be35(2) every appeal filed under sub-section (1) shall be duly acknowledged by the appellateauthority by providing the appellant signed receipt of the same:provided that the appellate authority may admit the appeal after the expiry of theperiod of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time40(3) the appellate authority may order the designated public authority to provide theservice within the specified period or may reject the appeal, as the case may be(4) the appellate authority may, along with the order to provide service, imposepenalty according to the provisions of section 845(5) the designated public authority or the aggrieved applicant by any order of theappellate authority, may make a second appeal within sixty days from the date of that order to the reviewing authority, who shall dispose the appeal according to the prescribed procedure:provided that the reviewing authority may entertain the second appeal after the expiry of sixty days, if he is satisified that the appellant was prevented by sufficient cause from filing the appeal in time5(6) in case of non-compliance of the order by designated public authority for providing the service under sub-section (3), the aggrieved applicant may submit an application directly to the reviewing authority, which shall be disposed of in the manner as may be prescribed for second appeal105 of 1908(7) the appellate authority and reviewing authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the code of civil procedure, 1908 in respect of:—(a)  requiring the production and inspection of documents; (b) issuing summons for hearing to the designated public servant and appellant;and(c) any other matter such as may be prescribed15(8) in every appeal, the onus to prove that a delay or denial of service was justifiedshall be on the designated public servant or the appellate authority as the case may be who delayed or denied the servicepenalty208 (1) when the appellate authority is of the opinion that the designated public authority has failed to provide service without sufficient and reasonable cause, then he may impose a penalty which shall not be less than five hundred rupees but which may extend upto five thousand rupees25(2) when the appellate authority is of the opinion that the designated public authority having caused delay in providing the service, then he may impose a penalty at the rate of two hundred fifty rupees per day upto a maximum of five thousand rupees on the designated public authority(3) when the reviewing authority is of the opinion that the appellate authority has failed to dispose of the appeal within the stipulated time limit without sufficient and reasonable cause, then he may impose a penalty of not less than five hundred rupees which may extend upto five thousand rupees on the appellate authority:30provided that the appellate authority shall be given a reasonable opportunity ofbeing heard before any penalty is imposed on him(4) every penalty imposed under this act shall be charged as per the rules framed under this act, from time to time:provided the penalty imposed under this act shall be in addition to that prescribed in any other act for the time being in force35penalty on noncompliance409 the non-compliance of the orders of the appellate authority, unless pending insecond appeal or modified by the reviewing authority, or of the orders of the reviewing authority, as the case may be, shall amount to misconduct and the deginated public authority shall be liable for actions under relevant provisions, including those that have been laid down for disciplinary actionbar of civil court10 no civil  court shall entertain any suit, application or other proceeding in respect of any order made under this act and no such order shall be called in question otherwise than by way of an appeal as specified under this act4511 notwithstanding anything contained in any other act, for the time being in force,the government of india, may send applications of non-compliance directly to the appellate authority for taking further actions as per the actapplication for noncompliance to the appellate authority protection of action taken in good faith12 no suit, procecution or their legal proceeding shall lie against any person for anything which is done in good faith or intended to be done under this act or any rule made thereunderoverriding effect of the act13 the provisions of this act shall have effect notwithstanding anything inconsistenttherewith in any other law for the time being in force or in any instrument having effect by virtue of any law other than  this act in relation to the services notified under this act and its implementation5power to remove difficulties14 (1) if any difficuly arises in giving effect to the provisions of this act, the centralgovernment may, by order published in the official gazette, make such provisions not inconsistent with the provisions of this act appear to it to be necessary or expedient for removing the difficulty:10provided that no order shall be made under this section after the expiry of a period oftwo years from the commencement of this act(2) every order made under this section shall be laid, as soon as may be after it is made,before each house of parliamentpower to make rules15 (1) the central government may, by notification, make rules to carry out thepurpose of this act15 20(2) every rule made under this act shall be laid as soon as may be after it is made beforeeach 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 immediately following the session or successive sessions aforesaid both houses agree in making any modification in the rule or both houses agree that the rule should not be made, the rule shall thereafter 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 vailidy of anything previously done under that rule statement of objects and reasonsthe right to public service (rtps) confers right on every individual citizen to time bound delivery of services and redressal of grievances the rtps legislations are meant to reduce corruption among the government officials and to increase transparency and public accountability the states in india have acted as pioneers in this regard the right to public service legislations have been introduced in various states following the legislations of the madhya pradesh government in the year 2010 by now, more than twenty states have introduced such actsthese acts have enabled the citizens to access government services and government to provide the required services seamlessly it has been observed that the rtps acts have helped the states in tackling corruption, inefficiency and lack of transparency in the conduct of government affairs the rtps strengthens the citizens of india, thereby strengthening their belief in government institutionsthe bill, therefore, seeks to provide for the delivery of notified public services of the government of india within the stipulated time limithence this billnew delhi;ninong eringnovember 28, 2017 memorandum  regarding  delegated  legislationclause 15 of the bill empowers the central government to make rules for carrying out the purposes of the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto provide for the delivery of notified public services to citizens within the stipulated time limit and for matters connected therewith or incidental thereto————(shri ninong ering, mp)