Bihar Right to public Services Rules, 2011
No: 3-1354 Dated: May, 03 2011
1. Short title and commencement :- (1) The short title of these rules shall be “Bihar Right to Public Services Rules, 2011”
(2) These shall come into force from the date of notification in the official Gazette.
2. Definitions :- (1) In these Rules, unless the context otherwise requires:
(a) 'Act' means the Bihar Right to Public Services Act 2011;
(b) "Format' means formal annexed with these Rules:
(c) "Prescribed Format" means formats prescribed by the concerned department delivering a notified service under the Act;
(d) Section means Section of the Act:
(2) The meaning of words and explanations which have been used in these Rules but not defined shall be that which has been given for them in the Act.
3. Power of Designated Public Servant to authorize for receiving the applications. The Designated Public servant shall have the power to authorize by order any of his/her subordinate officers staff for receiving the applications and giving acknowledgement.
4. Issuing acknowledgement to Applicants- The Authorized person under Rule 3 shall give acknowledgement to applicant in the prescribed format and in case any necessary documents have not been enclosed with the application then the same shall be clearly mentioned on the acknowledgment and in such acknowledgments stipulated time limits shall not be mentioned.
However, if all the necessary documents have been enclosed with the application and the application is complete in all respects, then the stipulated time limit shall be mentioned
5. In the event a service is denied or delayed the Designated Public Servant shall communicate to the person eligible and/or applying for the service:
(a) The reasons for such denial or delay.
(b) The period within which an appeal against such denial or delay be preferred; and
(c). The particulars, including all available contact information of the relevant
Appellate Authority under the general provisions of this Act or any other Act as per Section 6(1) as the case may be. 6 Public holidays shall not be included in the stipulated time limit.
6. Public holidays shall not be included in the stipulated time limit for providing the services. That is, the time limit will be days specified plus the number of public holidays.
7. Display of information on Notice Board. - Designated Public servant shall, for the convenience of common public, cause to display all relevant information related to services on the notice board that has been put up in the office for easy view. All the necessary documents that are required to be enclosed with the application for receiving the notified services shall be displayed on the Notice Board. In addition to the details in the prescribed format, the Notice Board shall also include the details of how an appcal can be made, as also all the necessary documents that should be attached to an appcal.
In the event of non-display of such information in the public domain, the authority shall invitiate appropriate action against the Designated Public Servant
8. Penalty. With reference to section 7 (1) (a) of the Act, the penalty will be a lump sum amount that shall not be less than 500 rupees and not more than 5000 rupees.
With reference to Section 7 (1) (b) the penalty will be Rs.250 per day of delay, with the proviso that the total penalty in any one case shall not exceed Rs.5000. With reference te Section 7 (2) of the Act, the penalty will be a lump sum amount not less than Rs.500 and not exceeding Rs.S000.
A penalty that is imposed under the Act will be recovered from the salary! honorarium remuneration of the concerned Designated Public Servant or Appellate Authority. The head for depositing amount of penalty shall be determined after obtaining concurrence of the office of the Accountant General