Maharashtra Right to Public Services Act, 2015
No: 31 Dated: Aug, 21 2015
Maharashtra Right to Public Services Act, 2015
ACT No. XXXI OF 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;
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. Short title, extent, commencement and application:- (1) This Act may be called the Maharashtra Right to Public Services Act, 2015.
(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.
2. Definitions:- 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 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
(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.