Jammu and Kashmir Public Services Guarantee ACT, 2011

No: 9 Dated: Apr, 13 2011

THE JAMMU AND KASHMIR PUBLIC SERVICES GUARANTEE ACT, 2011

(Act No. IX of 2011)

    An Act to provide for the delivery of public services to the people of the State within the specified time limit and for matters connected therewith and incidental thereto.

    Be it enacted by the Jammu and Kashmir State Legislature in the Sixty-second Year of the Republic of India as follows:

1. Short title and commencement- (1) This Act may be called the Jammu and Kashmir Public Services Guarantee Act, 2011.

(2) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint.

2. Definitions- In this Act, unless the context otherwise requires,—

(a) "Act" means the Jammu and Kashmir Public Services Guarantee Act, 2011;

(b) "designated officer" means an officer notified as such for providing the service under sub-section (2) of section 4;

(c) "eligible person" means person who is eligible for any notified service;

(d) "first appellate authority" means an officer who is designated as such under section 8;

(e) "Government" means the Government of Jammu and Kashmir;

(f) "prescribed" means prescribed by the rules made under this Act;

(g) "service" means any service notified under section 4;

(h) "second appellate authority" means an officer who is designated as such under section 8;

(i) "specified time limit" means the time limit within which the designated officer is required to provide service as specified under sub-section (1) of section 4;

(j) "Special Tribunal" means Special Tribunal constituted under the Jammu and Kashmir Special Tribunal Act, 1988;

(k) "State" means the State of Jammu and Kashmir.

3. Right to public services- (1) Subject to provisions of the Act, every eligible person in the State shall have a right to public services.

(2) The right referred to in sub-section (1) shall include the right to-

(a) have access to the public service;

(b) receive public service within the specified time limit;

(c) receive public service in a transparent manner;

(d) demand performance of duties and functions in accordance with the Act;

(e) hold the concerned designated officer accountable for any service deficiency; and

(f) seek compensation with respect to non-providing of service or deficiency in service.

4. Notification of public services and time limit- (1) The Government may, from time to time, specify the services to be the public services for purposes of the Act and shall specify the time limit within which such services shall be provided to the eligible persons.

(2) For providing services specified under sub-section (1), the Government may for different areas and for different services designate officers who shall be responsible for providing each of such services to the eligible persons.

5. Providing of public service within specified time limit- (1) It shall be obligatory on the designated officer to provide public services to the eligible person within the time specified in sub-section (1) of section 4.

(2) The specified time limit shall start from the date when an application is submitted by the eligible person for providing of notified service to the designated officer or to a person subordinate to him authorized to receive the application.

(3) All applications received under sub-section (2) by the designated officer or the authorized person shall be duly acknowledged specifying the number, date and time of receipt of such application.

(4) On receipt of application under sub-section (3), the designated officer shall within the specified time limit either provide service or reject the application.

Provided that in case of rejection of application, the designated officer shall record reasons therefor and intimate the same to the applicant.