Updated: Thursday January 31, 2019/AlKhamis
Jamada El Oula 25, 1440/Bruhaspathivara
Magha 11, 1940, at 09:40:34 AM
The
(Act I of 2019)
C O N T E N T S
Section Heading
1. Short title, extent and commencement.
2. Definitions.
3. Right
to public services.
4. Notification
of public services and time limit.
5. Provision
of public service within the specified time limit.
6. Appeal.
7. Time
frame for disposal.
8. Powers
of Appellate Authority.
9. Display
of public services.
10. E-governance
of services.
11. Penalty
for not providing public service.
12. Penalty
for not deciding the appeal within the specified time.
13. Compensation.
14. Disciplinary
action.
15. Acknowledgment
of good performers.
16. Establishment
of the
17. Powers
of the Commission.
18. Staff
and officers to be public servants.
19. Power
to issue directions.
20. Punishment
for frivolous complaints.
21. Deposit
of fines and fees.
22. Protection
of action taken in good faith.
23. Act
to have overriding effect.
24. Power
of the Commission to send applications to the Appellate Authority directly.
25. Bar
of jurisdiction of Courts.
26. Power
to make rules.
27. Power
to frame regulations.
28. Power
to remove difficulties.
[1][1]The
(Act I of 2019)
[22 January 2019]
An Act to provide for delivery of public services to the people within the
stipulated time limit.
It is necessary to provide for delivery of public services to the people
within the stipulated time limit, including liabilities of the government
servants in case of default, administrative efficiency and for the matters
connected therewith and ancillary thereto;
Be it enacted by Provincial Assembly of the
1. Short title, extent and
commencement.– (1) This Act may be cited as the Punjab Right to Public Services Act,
2019.
(2) It extends to whole of
the
(3) It shall come into force on such date as
the Government may, by notification in the official Gazette, appoint and
different dates may be appointed for different provisions of the Act.
2. Definitions.– In this Act:---
(a) “Act” means the Punjab
Right to Public Services Act 2019;
(b) “Appellate Authority” means the concerned Administrative Secretary of
the department or such other person or authority, as may be specified by the
Government through notification in the official Gazette;
(c) “Authority” means:---
(i) any department or attached department of the Government and subordinate
offices thereof;
(ii) any office, Board, Commission, Council or any other body established
under any law for the time being in force;
(iii) all institutions, established or constituted under the Punjab Local
Government Act 2013 (XVIII of 2013);
(iv) subordinate Courts and Tribunals;
(v) a body which is owned, controlled or substantially funded by the
Government, including enterprises owned by the Province by whatever name
called, required to render any services of public utility or to control, manage
or regulate public services within a specified local area; and
(vi) any other body which undertakes public services;
(d) “Commission” means the Punjab Right to Public Services Commission, constituted under the Act;
(e) “department” means a department of the Government, established under the
Punjab Government Rules of Business, 2011;
(f) “designated officer" means an officer designated under section 4 of
the Act;
(g) “e-governance” means the use by the Government of web-based internet
applications together with other information technologies, combined with
processes that implement these technologies, to:
(i) enhance the access to and delivery of the Government information and
services to the public, other agencies and other Government entities; or
(ii) bring about improvements in the Government operations that may include effectiveness, efficiency,
service quality, or transformation;
(h) “eligible person” means a person domiciled in the Punjab and having any
accrued right to public service in the Province and shall include corporations,
companies, firms, businesses and organizations working in the Punjab;
(i) “Government” means Government of the
(j) “prescribed” means prescribed by the rules and the regulations made
under the Act;
(k) “public service” means any service or services notified by the
Government under section 4 of the Act;
(l) “regulations” means regulations framed under the Act;
(m) “rules” means the rules made under the Act; and
(n) “specified time limit” means the time limit within which the designated
officer is required to provide service as specified under subsection (1) of
section 4 of the Act.
3. Right
to public services.– (1) Subject to the provisions of the Act, every eligible person shall
have a right to public services.
(2) The right
conferred under subsection (1) shall include the right to:---
(a)
have access to the public service;
(b)
receive the public service within a specified time limit;
(c)
receive the public service in a transparent manner;
(d)
demand performance of duties and functions by the designated officers in
accordance with the provisions of the Act;
(e)
hold the concerned designated officer accountable for any service
deficiency in the public service; and
(f)
claim compensation from the concerned designated officer for his failure
to provide, or delay in providing a public service.
4. Notification
of public services and time limit.– (1) The
Government may, by notification in the official Gazette, from time to time,
specify any service to be a public service, for the purposes of the Act and
also specify, by a notification, the time limit within which such services
shall be provided by the designated officer to the eligible persons.
(2) For providing public services specified
under subsection (1), the Government may, by notification,
designate different officers for different public services, at tehsil,
district, division, department or at any other appropriate level, who shall be responsible for providing each
of such service to the eligible persons.
(3) While specifying the
time limit for provision of any public service, in order to arrive at an
informed decision, the Government may invite and receive recommendations from
all related public functionaries, as well as general public through prior
publication of the proposed time limit along with a precise description of such
service.
5. Provision of public
service within the specified time limit.– (1) The designated
officer shall provide public services to the eligible persons within the time
limit as may be specified in the notification issued under subsection (1) of
section 4 of the Act.
(2) The
specified time limit shall start from the date when an application is submitted
by the eligible person to the designated officer or to a person subordinate to
him, authorized to receive the application for providing the public service.
(3) All
applications received by the designated officer or the authorized person, shall
be duly acknowledged by putting an inward stamp specifying the inward number,
date and time of receipt of such application on the duplicate copy of such
application.
(4) On
receipt of an application under subsection (3), the designated officer, shall,
within the specified time limit, either provide the public service or reject
the application:
Provided that in case of rejection of the application, the designated
officer shall record reasons thereof and intimate the same to the applicant.
6. Appeal.– (1) Any person, whose application has been rejected under subsection (4)
of section 5 of the Act, or who does not receive public service within the
specified time limit, or where the public service received by him is deficient in any manner, may prefer an appeal to the Appellate
Authority, within a period of thirty days from the date of such rejection or
expiry of the specified time limit or receipt of deficient service, as the case
may be.
(2) The Appellate Authority shall dispose of the appeal preferred
under subsection (1) within a period of thirty days from the date of
presentation of the appeal.
(3) The
Appellate Authority may direct the designated officer to provide the public
service within such period of time as it may specify but not more than the time
specified in the notification or to remove the deficiency in public service
provided to the appellant or to pass such other order, including rejection of
the appeal, as it may deem fit:
Provided that before passing any order under subsection (3), the
Appellate Authority shall provide an opportunity of being heard to the
appellant and to the designated officer.
(4) In
case the appellant or the designated officer is aggrieved of a final order
passed under subsection (3), he may prefer an appeal to the Commission, within
fifteen days of issuance of such final order of the Appellate Authority.
7. Time frame for disposal.– (1) An appeal under subsection (4) of section 6 of the Act, shall be
disposed of within thirty days of the receipt of appeal.
(2) Any
other matter or complaint, to be adjudicated by the Commission, may be disposed
of, within a period of sixty days, from the date of receipt of such complaint
or entrustment of such matter, as the case may be.
8. Powers of Appellate
Authority.–
The Appellate Authority shall, while
deciding an appeal under section 6 of the Act, have the same powers as
are vested in the Civil Court under the Code of Civil Procedure, 1908 ( V of 1908), in respect of the
following matters:---
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the designated officer and the appellant;
(c) requisitioning any public records or copies thereof from any Government
office;
(d) levying of fine or
compensation upon the concerned designated officer to pay compensation;
(e) directing the designated officer to pay compensation to the eligible
person; and
(f) any other matter
which may be prescribed by the rules.
9. Display of public
services.–
The details of the designated officers, public services and the
specified time limit thereof shall be displayed locally on the notice board in
every Authority and notified in the official Gazette and if possible, also on
the website of the concerned Authority, for the information of the general
public.
10. E-governance of services.– The Government shall endeavor and encourage all the authorities required
under the Act to deliver to the eligible persons, the public services within the specified time limit, as a part of
e-Governance.
11. Penalty for
not providing public service.– (1)
If the Appellate Authority is of the opinion that the designated officer has failed to provide a public service to the
eligible person within the specified time limit or has caused delay in
providing the public service or has provided the public service, which is
deficient in any manner, the Appellate Authority shall by notice, call upon the
designated officer to show cause, within thirty days of the receipt of such
notice, for failure to provide such public service.
(2) If,
after having considered the cause, if any shown by the designated officer, the
Appellate Authority opines that the designated officer has acted in the manner
as provided in subsection (1), the Appellate Authority shall, impose a fine on
such designated officer which may extend to rupees twenty five thousand but
shall not be less than rupees five hundred.
12. Penalty for not
deciding the appeal
within the specified time.– Where the Commission is of the opinion that the
Appellate Authority has failed to decide the appeal within the time limit
specified in subsection (2) of section 6, without any sufficient or reasonable
cause, it may impose a fine on the Appellate Authority, which shall not be less
than rupees one thousand but may extend to rupees twenty five thousand:---
Provided that before imposition of such fine, the Appellate Authority
shall be given a reasonable opportunity of being heard by the Commission.
13. Compensation.– On imposition of fine under section 11 or section 12, the Appellate Authority or the Commission, as the case may be, by
order, direct that a
portion of such fine imposed, as it may deem fit, be awarded to the
aggrieved person, as compensation:---
Provided that the amount of such compensation awarded shall not exceed
seventy percent of the amount of fine imposed.
14. Disciplinary action.– In addition to the imposition of fines under section 11 or section 12, the
Commission may, if it is satisfied that the designated officer or the Appellate
Authority, as the case may be, has failed to discharge the duties assigned to
him under the Act without sufficient or reasonable cause, recommend
disciplinary action against him under the relevant law and the rules for the
time being in force.
15. Acknowledgment of good
performers.– (1) The Government, may by notification or otherwise, maintain and
publish from time to time but at least once in every quarter, a roll of honour,
acknowledging the names of those designated officers and other Government
servants appearing on it, who have been consistently performing well either in
providing public services timely and in efficient manner, or have been reputed
for discharging their administrative duties and disposal of case work,
adequately and within prescribed time as envisaged under the Act.
(2) The
Government may prescribe independent evaluation criteria, designate an
independent panel of evaluators from amongst members of Commission or otherwise
and devise a comprehensive policy for the purposes of acknowledgment of the
services of good performers, as laid down in subsection (1):---
Provided that while prescribing the policy, the Government may, amongst
other things to acknowledge the services of good performers and promote the
culture of efficient and timely service delivery, also prescribe and approve
cash rewards for the best performers.
16. Establishment
of the Punjab Right to Public Services Commission.– (1) The Government shall, by notification in the official Gazette,
establish an independent Commission to be known as the Punjab Right to Public
Services Commission, to exercise the jurisdiction, powers and authority
conferred under the Act, including:---
(a) hearing appeals
against the orders of the Appellate Authority;
(b) making provisions for
speedy access to public services in accordance with the provisions of the Act;
and
(c) payment of compensation
for delayed delivery of public service by any designated officer to the
eligible person.
(2) The
Commission shall comprise a Chief Commissioner and two Commissioners, to be
appointed by the Government from persons having domicile of the
(3) The
Commission shall be headed by the Chief Commissioner, who shall be a retired
senior Government servant, not below the rank of BPS-21 with proven integrity
and intellect.
(4) The
other two Commissioners shall be appointed by the Government, in the following
manner:---
(a)
a former civil servant of BPS-20 or above, with proven integrity and
intellect, who has demonstrated expertise in one or more of the following:
(i)
financial management; or
(ii)
public administration, regulation and discipline;
(b)
an eminent person, having a bachelor degree in the relevant field and
has been associated with public services for a period of fifteen years,
provided that he may not be less than forty five years of age.
(5) The
Chief Commissioner and the Commissioners shall hold office for a period of
three years from the date on which they enter upon office or until they attain
the age of sixty five years, whichever is earlier.
(6) Upon
completion of their term, the Chief Commissioner and the Commissioners shall
not be eligible for reappointment.
(7) In
the event of the absence or incapacity of the Chief Commissioner or any of the
Commissioners, or if that office is vacant, the Government may appoint any
qualified person to hold that office in the interim for a term not exceeding
six months on the terms and conditions determined by the Government.
(8) The Government may remove the Chief Commissioner or the
Commissioner before the expiry of his term on ground of misconduct or of being
incapable of properly performing the duties of his office by reason of physical
or mental incapacity:---
Provided that before removing the Chief Commissioner or the
Commissioner, as the case may be, the Government shall give him an opportunity
of being heard in person.
(9) The
Chief Commissioner and the Commissioners shall engage exclusively in the duties
and functions of the Commission and may not hold any other office of profit or
engage in any other employment for reward.
(10) The
Government shall provide the Commission with such officers and ministerial
staff, as may be required for the discharge of its functions under the Act.
(11) The
Commission may, in consultation with the Government, appoint such officers and
ministerial staff, as may be necessary for the discharge of its functions under
the Act.
17. Powers of the Commission.– (1) The Commission shall, for the purposes of its functions under the
Act, have the same powers as are vested in a civil court under the Code of
Civil Procedure, 1908 (V of 1908) in respect of the following matters, namely:---
(a)
summoning and enforcing the attendance of any person and examining him
on oath;
(b)
discovery and production of any document or other material object
producible as evidence;
(c)
receiving evidence on affidavits;
(d)
requisitioning of any public record;
(e)
issuing commission for the examination of witnesses;
(f)
reviewing its decisions, directions and orders; and
(g)
any other matter which may be prescribed by the rules.
(2) The
Commission shall have powers to regulate its own procedure.
(3) The
Commission shall arrange to deliver copies of the decision to the parties
concerned within a period of fifteen days from the date of such decision.
18. Staff and officers to be
public servants.–
The staff and officers of the Commission shall be deemed to be public servants within the meaning of section 21 of the Pakistan Penal Code, 1860 (XLV
of 1860).
19. Power to issue directions.– (1) The Commission shall, upon adjudication of a
complaint, have
the power to issue directions:---
(i)
requiring any Authority entrusted with administration to take such steps
as may be necessary to secure compliance with the provisions of the Act or any
other law under which the eligible person, entitled to a right or benefit; and
(ii) requiring the payment of compensation to the eligible person,
(2) Where
the Commission, is satisfied that there are reasonable grounds to inquire into
the matter, it may initiate an inquiry in respect thereof and shall enjoy
powers available to a Tribunal under the Tribunals of Inquiry Act, 1969 (II of
1969).
20. Punishment for frivolous
complaints.– (1) Any person, whose appeal complaining against
an alleged provision of public service or alleging any
deficiency therein, within stipulated time is rejected by the Appellate
Authority and while deciding so, the Appellate Authority is also of the view
that his complaint was false, frivolous or vexatious and if such order is
upheld by the Commission also, the complainant shall be served by the Commission,
with a show cause notice, requiring him to submit his reply within a period of
fifteen days of show cause in writing that why he shall not be prosecuted for
filing a frivolous complaint.
(2) If
the Commission is satisfied, upon receiving the reply to show cause notice and
hearing the parties that the complaint so filed was false and frivolous, it may
proceed to fine the complainant for an amount up to rupees fifty thousand.
21. Deposit of fines and fees.– (1) All fines, except those in nature of compensation to be paid to the
eligible person under the Act, shall, upon recovery, be immediately deposited
in the Public Account of the Province, so maintained in terms of Article 118 of the Constitution while all fees shall be
deposited in the Provincial Consolidated Fund.
(2) All Authorities
shall be bound to give effect to the orders and directions of the Commission in
enforcing its decisions and orders, including but not limited to orders related
to attachment and remission of properties, salaries and other receivable of the
defaulters.
22. Protection
of action taken in good faith.– No suit,
prosecution or any other legal proceedings shall lie against any person for
anything which is done or intended to be done in good faith, in pursuance of
the provisions of the Act or the rules made thereunder.
23. Act to have overriding effect.– The provisions of
the Act shall have effect notwithstanding anything to the contrary contained in
any other law for the time being in force.
24. Power of the Commission
to send applications to the Appellate Authority directly.– Notwithstanding anything contained in the Act, the Commission, if it
receives any application alleging non-compliance of the provisions of the Act,
may, if it deems fit, send such an application directly to any Appellate
Authority for taking further action in the matter in
accordance with the provisions of the Act.
25. Bar
of jurisdiction of
26. Power to make rules.– (1) The Government may, by notification in the official Gazette, make
rules to carry out the purposes of the Act.
(2) Without
prejudice to the generality of subsection (1), the Government shall have the
power to prescribe forms and fees for making applications under the Act.
27. Power to frame
regulations.–
The Commission may, for the purposes of the Act, frame regulations not
inconsistent with the Act and the rules.
28. Power to remove difficulties.– (1) If any difficulty arises in giving effect to the provisions of the
Act, the Government may, by order, make such provisions, as it may deem necessary or expedient, for removal of the difficulty.
(2) Every
order made under this section shall, as soon as may be after it is made, be
laid before Provincial Assembly of the
[1][1]This Act was passed by the
Punjab Assembly on 14 January 2019; assented to by the Governor of the
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