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Regd. No. NW/CH-22

Regd. No.KJIHGFEDCBA
C H D /0 0 9 2 /2 0 0 9 - 2 0 1 1

P r ic e : R s . 2 .7 0 IHGF

~ u n jQ b

(5ourmmrnt (5aZttt(
EXTRAORDINARY
Published by Authority

__

-_._-------_
._.....

CHANDlGARH, THURSDAY, OCTOBER 20, 2011

(ASVINA 28,1933 SAKA)

--

LEGISLtXI'IVE SUPPLEMENT

. Contents

Part I

A c ts

The Punjab Right to Service Act, 20! i

(Punjab Act No. 24 of 20 ! I)

Part 11

Ordinances

Nil
Part III

Delegated Legislation

Nil
Part IV

Correction Slips. Repoblications and Replacements

Nil
(cxxxi)

LatestLaws.com
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- -.~

PUNJAB GOVT GAZ. (EXTRA.). aCT. 20. 2011

(ASVN 28, 1933 SAKA)

07

PART-I
DEPARTMENT

OF LEGAL

AND

LEGISLATIVE

AFFAIRS,

PUNJAB

N.otifica tion
The 20th October,

No. 37-Leg.l2011.Punjab received

The following Act of the Legislature

the assent of the Governor

is hereby published
THE

2011

for general information

PUNJAB

RIGHT

of the State of

of Punjab on the 19th October, 2011,

:-

TO SERVICE

ACT,

2011

Act No. 24 of 2011)

(Punjab

AN

ACTKJIHGFEDCBA
to p r o v id e fo r th e d e liv e r y o f s e r v ic e s to th e p e o p le o f th e S ta te o f P u n ja b w ith in
th e g iv e n ti~ e lim its a n d fo r m a tte r s c o n n e c te d th e r e w ith a n d in c id e n ta l th e r e to .

BE it enacted
second

by the Legislature

Year of the Republic

1 . (1 )

This

of the State of Punjab

Act

may

be called

in the Sixty-

:--- IHGFEDCBA

of India as follows

the

Punjab

Right

to Service

Short title
and

Act, 2011.

commencement.

(2)
publication

It shall come into force on and with effect from the date of its

in the Official Gazette.

2. In this Act, unless the context otherwise

Definitions.

requires--

(a)

'Commission'

means a Commission constituted under section 12 ;

(b )

'Designated

Officer'

section
(c)

(d )

an officer

as noti tied

under

3 ;

'eligible

person'

means a person who is eligible

services

notified

under section 3 ;

'First Appellate

Authority'

such under section

(e )

means

means an officer who is notified as

3 ;

'given time limit' means maximum

by the Designated

( j) _

'prescribed'

(g)

'right to service'

time to provide the service

Officer as notified

means prescribed

given time limit;

for obtaining

under section 3 ;

by rules made under this Act ;

means a right to obtain the service within the

LatestLaws.com
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68

PUNJAB GOVT GAZ. (EXTRA.), OCT. 20. 2011

(ASVN 28, 1933 SAKA)
(h)

'service' means any service notified under section 3 ;

(i)

'Second Appellate Authority' means an officer who is notified

as such under section 3 ;

UJ

'section' means a section of this Act; and

(k)

'State Government'

means the Government of the State of

Punjab.
Noufication

of

3.

(1)

The State Government may, by notification from time to time,

services.

notify the services, to which this Act shall apply.

Designated

Officers. First
Appellate
Authority,

(2) The State Government may, by notification, specify the Designated

Second

Officer, First Appellate Authority, Second Appellate Authority and the given

Appellate
Authority
g rv c n

and the IHGFEDCBA

time limit

I'W\ rdmg of
service

l'rocedure
obtaunng

for
service.

time limit for the purposes

4.

of this Act.

The Designated Officer shall provide the service to the eligible person

within the given time limitKJIHGFEDCBA

5 . (J) An eligible person shall make an application to the Designated

Officer for obtaining any service under the provisions of this Act.
(2)

The Designated Officer shall. on receipt of an application under

sub-section (1), provide service or reject the application within the given time
limit and in case of rejection of application, shall record the reasons in writing
and intimate the same to the applicant.
(3)

Every Designated Officer shall maintain detailed records of services

applied for in a format as may be prescribed.

F i rst appeal.

6.

(1 )

Any eligible person, whose application for obtaining service is

rejected under sub-section (2) of Section 5 or who is not provided the service
within the given time limit. may file an appeal to the First Appellate Authority
within thirty days from the date of rejection or the expiry of the given time limit,
as the case may be.
(2)

On receipt of an appeal under sub-section (1), the First Appellate

Authority shall consider the matter and if, in its opinion the grievance of the
eligible person appears to be genuine, it may direct the Designated Officer to

LatestLaws.com
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PUNJAB GOVI' GAZ, (EXTRA,), OCT. 20. 2011
(ASVN 28, 1933 SAKA)

69

provide the service within such period. as may be specified IHGFEDCBA

h y it and ;n '. ase nf
default. to appear before it in person and explain reasons thereof.
(3)

After affording an opportunity of hearing to the Designated Officer

and the eligible person, the First Appellate Authority may pass an order either
accepting the appeal or rejecting the same byan order made in writing and in the
case of rejection, the reasons for rejection shall be specified by it in such order
and shall communicate the same to the eligible person,
(4)

An appeal made under sub-section (1) shall be finally disposed of

by the First Appellate Authority, as far as possible, within a period of thirty days
of its receipt.
7.

fl)

Any eligible person, whose appeal for obtaining service is Second appeal.

rejected or who is not provided the service within the time specified by the First
Appellate Authority under section 6. may file an appeal to the Second Appe late
Authority within thirty days from the date of such rejection or the e: piry of the
time specified by the first Appellate Authority,
(2)

On receipt Slfan appeal under sub-section (1), the Second Appellate

Authority may pass an order either accepting the appeal and directing the Designated
Officer

to provide

service

to the eligible

person

within

such period

as may be specified or reject the same in writing detailing the reasons for such
rejection:
Provided that before rejecting the appeal, an opportunity of hearing to
the eligible person shall be granted by the Second Appellant Authority :
Provided further that an order made by the Second Appellant Authority
under this section shall be communicated to the eligible person:
Provided further that the appeal made under sub-section (1) shall be
decided by the Second Appellate Authority, as far as possible, within a period of
sixty days from the date of receipt of appeal.

8. The First Appellate Authority and the Second Appellate Authority Power to summon
' .
f hi
A et, h ave t Ile same and inspection.
h 11 w hilI e d eCIidi109 an appea I un d er t h e provrsions
0 t IS
sa,

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PUNJAB GOVT GAZ. (EXTRA.), aCT. 20, 2011
(ASVN 28. 1933 SAKA)

71

such service has/have tailed to discharge the duties assigned under this Act without
sufficient

and reasonable

defaulters

under the service

imposed

under

10.
Appellate

sub-section

Authority,

12 within

action

to them in addition

against

the

to the penalty

by any order of the Second

for revision

in this respect

Revision

of the said order to the

under the proviso

to sub-

a period of sixty days from the date of such

of in the manner as may be prescribed

that the Commission

the application

he is satisfied

reasonable

nominated

shall be disposed

be, may entettain

1)[

make an application

(1) of section

Provided

if it

rules applicable

disciplinary

may, who is aggrieved

or an officer

order, which

recommend

(1).

Any person

Commission
section

cause,

or the officer nominated,

as the case may

after the expiry of the said period of sixty days,

that the application

could not be submitted

in time for a

cause.

H.

The services and the given time limit

on website

by the Secretary

of tile Department

hall be displayed

concerned

locally and

for information

of the

Dwplay of services
and the given time
i1nllt

public.

12. 0) If in the opinion of the State

Government,

it is necessary

or

Constitution IHGFEDCB
of
the Commission

so to do, it may, by notification,

expedient

Act, a Commission

Provided

functions

it may, by notification

not below

(3)

an officer

Commissioner

the powers of the Commission

succession

and a common

and to contract

by the

of the State

to perform

the

under this Act.

shall be a body corporate,

of this Act, to acquire,

and immovable

is not constituted

nominate

the rank of a Financial

The Commission

name having perpetual

provisions

of this

to be called the Punjab Right to Service Commission:

and exercise

(2)

for the purposes

that till such time the Commission

State Government,
Government,

constitute

known by the aforesaid

seal with power, subject to the

hold and dispose

of property,

both movable

and shall, by the said name, sue or be sued.

The Head Office of the Commission

such place, as the State Government

will be at Chandigarh

may notify from time to time.

or at

LatestLaws.com
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72

Composition

PUNJAB GOVT GAZ. (EXTRA.), aCT. 20, 2011

(ASVN 28, 1933 SAKA)

of

13.

the Commission.

(1)

The Commission

four Commissioners
in consultation
(2)

shall consist of a Chief Commissioner

and their appointment

shall be made by the State Government

with the Leader of Opposition

The Chief Commissioner

and

in the Punjab Vidhan Sabha.

shall be a retired officer in the rank and

status of the Chief Secretary of the State of Punjab or Secretary to the Government
of India.
(3)
Punjab

The Commissioners

any of the services

Punjab

cadre

e-Governance

14.

of the State, including

and/or

expert

other eminent

(1)

superintendence

well as exercise

of section

officers of All India Services from the

field

of Public

Administration

or

in teaching or administration

Commissioner

shall

in the conduct

have

and discharge

the powers

powers

of general

of the affairs of the Commission.

shall preside over the meetings

in him in accordance

of

rank and status in

public persons.

The Chief
and direction

The Chief Commissioner

vested

in the

or its equivalent

with atleast twenty years of experience

or from amongst
Powers of the Chief
Commissioner.

shall be retired officers of the Government

in the rank and status of a Secretary

of the Commission

and functions

with the regulations

as

of the Commission

framed under sub-section

(4)

17.

(2)

In case of absence of the Chief Commissioner

office of the Chief Commissioner,

the Commissioners

to perform

the Chief Commissioner

(3)

A Commissioner

allowance

nominated

may nominate

and exercise

as long as the vacancy

of the Chief Commissioner

compensation,

the State Government

the functions

or a vacancy

or absence

to discharge

under sub-section

the powers

in the
one of

vested in

continues.

the functions

and powers

(2) shall not be entitled

to any

or facility in addition to what he would be entitled to as

a Commissioner.
Term of office
conditions
service

office

of Chief

Commissioner
Commissioners.

15.

and

of
and

(1)

for a term

respective

offices,

The Chief Commissioner

of five years

and the Commissioners

from the date on which

they. enter

shall hold
upon the

or until they attain the age of sixty five ye;u:s, whichever

is

earlier and they will not be entitled for re-appointment.

(2)
Commissioner

If a person

already

or Commissioner,

that office before joining

holding

an office

appointed

as the Chief

he shall have to resign or seek retirement

the Commission.

from

LatestLaws.com
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71

PUNJAB GOVT GAZ. (EXTRA.), OCT. 20. 2011

(ASVN 28, 1933 SAKA)
(3)

The Chief Commissioner or a Commissioner shall, before he enters

upon his office, make and subscribe to, before the Governor or some other
person appointed by him in that behalf, an oath or affirmation according to the
form set out for the purpose in the Schedule.
,.

(4)

The Chief Commissioner or a Commissioner may, at any time, by

writing under his hand addressed to the Governor, resign from his office. He
would also be liable for removal from the office in the manner provided under
section 16.
(5)

The salaries and allowances

payable to and other terms and

conditions of service of the Chief Commissioner and the Commissioners shall be

the same as those of the State Chief Information Commissioner and the State
Information Commissioners respectively as laid down in sub-section (5) of section
16 of the Right to Information Act, 2005. All provision of the aforesaid subsection

shall apply KJIHGFEDCBA

m u ta tis m u ta n d is

to the Chief Commissioner

and the

Commissioners appointed under this Act.

(6)

The State Government shall provide the Commission with such

officers and employees as may be necessary for the efficient performance of the
Commission under this Act. The salaries, allowances and conditions of service
of the officers and other employees so appointed shall be such as may be
prescribed.
16. (1) The State Government may remove the Chief Commissioner
firorn 0 ffiIce
IHGFEDCBA
.
. h . t h e provisions
. .
f b
..
C
or any omrmssioner
a f t er comp Iymg
Wit
0 su section (2). if he has,( i)

been adjudged insolvent; or

Removal and
suspension
of the
Chief
Commissioner or a
Commissioner
from office in
certain
circumstances.

(ii)

been convicted of an offence which, in the opinion of the State

Government, involves moral turpitude; or

(iii)

become physically or mentally incapable; or

( iv )

acquired such financial or other interest as is likely to affect

prejudicially his functions in any of the said capacities; or

(v )

so abused his position as to render his continuance in office

prejudicial to public interest.

LatestLaws.com
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74

PUNJAB UOVT UAZ. (EXTRA.), aCT. 20, 2011

(ASVN 28, 1933 SAKA)
(2) Notwithstanding anything contained in sub-section IHGFEDCBA
( 1 ) . the Chief

Commissioner

or any Commissioner, shall not be removed from his office,

unless,- KJIHGFEDCBA
( i)

a reference is made by the State Government to the Chief

Justice of the High Court of Punjab and Haryana seeking an
enquiry and recommendation on the proposed removal of
the Chief Commissioner or the Commissioner alongwith the
. grounds

for the removal and material

supporting

such

proposal;
( ii)

the reference is duly enquired into by an inquiry committee

headed by a sitting or retired High Court Judge or any other
person appointed by the Chief Justice of the High Court of
Punjab and Haryana ; and

(iii)

the inquiry committee makes recommendation that the Chief

Commissioner or the Commissioner ought to be removed on
such ground or grounds.

(3) The State Government may suspend the Chief Commissioner

the Commissioner in respect of whom

..

Justice under sub-section

Powers

17.

and

( l)

Cl

or

reference has been made to the Chief

(2).

It shall be the duty

01

the Commission

to ensure proper

functions of
the Punjab

implementation of this Act and to make suggestions to the State Government

Right to

for ensuring better delivery of services. For this purpose the Commission

Service
Commission.

may,(a )

entertain and dispose of revisions under section

(b )

take s u o m o to notice of failure to deliver service in accordance

10 ; ,

with this Act and refer such cases for decision to the First
Appellate Authority or the Second Appellate Authority or
pass such order itself as may be appropriate ;
(e )

carry out

inspections of offices entrusted with the delivery

of services. and the offices of the First Appellate Authority and

the Second Appellate Authority ;
(d )

recommend

Departmental

action

against

any officer

or

employee of the State Government who has failed in due

discharge of functions cast upon him under this Act;

LatestLaws.com
LatestLaws.com
PUNJAB GOVTGAZ.IHGFEDCBA
( E X T R A .) , a C T . 20, 2011
(ASVN 28, 1933 SAKA) KJIHGFEDCBA
(e )

recommend

changes

in procedures

which will make the delivery

Provided

(j)

shall consult the Administrative

of the Department

recommend

which

is to deliver

(g)

issue general instructions,

Appellate Authorities
(2) Where the Commission
arising

section,

have the same

suit under
matters,

the Code

namely
(a)

the First

Authorities.
grounds

of this Act, it may, s u o

thereof.

as are vested
Procedure,

into any matterunder

in a Civil Court

1908,

in respect

this

while trying

of the following

:summoning

and enforcing

them to give
documents

or things

requiring

the discovery

(e )

receiving

evidence

(d )

requisitioning
court

evidence

of persons, compelling
on oath and producing

;
and inspection

on affidavits

any public

or office

issuing

the attendance

oral or written

(b )

(e )

officers,

and the Second Appellate

shall, while inquiring

of Civil

with the provisions

of Designated

out of the provisions

powers

already

and

is satisfied that there are reasonable

in respect

(3) The Commission

of this Act;

not inconsistent.

of this Act for the guidance

m o to , initiate an inquiry

in-

the service;

in the notifications

for better implementation

to inquire into a matter

Secretary

additional notifications to be notified under section 3

and may also suggest modifications

issued

of services

and easier :

that before making such a recommendation,

the Commission
charge

for delivery

more transparent

75

of documents;

records

or copies

thereof

from

any

summons

for examination

of witnesses

or documents;

and

(J)

any other

matter

(4) The Commission

business

and any such

matter,

which

may be prescribed.

may frame its regulations

as the Commission

for the conduct

may deem

fit.

of its

LatestLaws.com
LatestLaws.com
76

Action

PUNJAB GOVT GAZ. (EXTRA.), OCT. 20, 2011

(ASVN 28, 1933 SAKA)

by the

Government

18. (1) The State Government

on

recommendat-

made

ions of the

of section

Commission.

by the Commissioner

Commission.

longer

time as may be decided

of the Commission,

on the recommendations
(2)

The

recommendations

consider

the recommendations

to the Commission

In case the Government

recommendations

reasons

shall

( d ) . ( e ) and (/) of sub-section

clauses KJIHGFEDCBA

and send information

17

thirty 'days or such

acting

under

decides

in consultation

not to implement

it will communicate

with the
any of the

the reasons

for not

to the Commission.

Commission

shall

prepare

made by it under section

17

an

annual

report

of

the

along with the action taken and

for not taking action, if any. The State Government

of this report

(1)

of action taken within

to be laid on the table of the Punjab

shall cause a copy

Legislative

Assembly .

..
Protection
of
action taken in
good

faith.

19.

No suit; prosecution

(1 )

any person

for anything

in pursuance

which

or other legal proceeding

of this Act or any rule or any regulation

(2) N e act done or proceedings

to be done

made thereunder.

taken under this Act by the Commission

shall be invalid merely on the ground of existence

of defect or irregularity

shall lie against

is done in good faith or intended

in its constitution

of any vacancy or by reason

or absence

of any Commissioner

in

its meeting.
Bar of

20.

jurisdiction

No civil

proceedings

in respect

of courts.IHGFEDCBA

and disposed
regulations
P o w e rs

rules.

to make

made

make
(2)

foregoing
matters,

of any matter

of by any

authority

the cognizance

empowered

State Government

of which

any

suit or

can be taken

by this Act or the

may, by notification,

rules to carry out .the purposes

In particular,
power,

to entertain

rules

or

thereunder.

21. (1) The

Gazette,

court .shall have jurisdiction

such

and
rules

without
may

of this Act.

prejudice

provide

in the Official

to the

generality

of the

for all or any of the following

namely

(a)

the format
section

(b )

the procedure
section

(e )

to maintain

(3) of section

salaries,

the records

of services

under

sub-

5 ;

for disposing

of an application

made

under

10 ;

allowances

and

officers

and other employees

section

(6) of section

conditions

of

service

of the Commission

15 ; and

of the

under sub-

LatestLaws.com
PUNJAB GOVT GAZ. (EXTRA.), OCT. 20, 2011
(ASVN 28, 1933 SAKA) KJIHGFEDCBA
any

(d )

other

matter

which

is required

to

be,

77

or may

be

prescribed.

(3) Every rule made by the State Government

laid,

as soon

Legislature,

as may

while

be comprised
before

in one session

the expiry

successive

be after

it is made,

it is in session, for
of the

sessions

session

immediately

thereafter

only in such modified

prejudice

that the rule should

of anything

22. If any difficulty

Act

the State Government

of this Act, remove

Provided
of two years

following

State
may

sessions,

and if,

the session

or the

arises

or annulment

previously

as the

shall be without

done under that rule.

in giving effect

to the provisions

may, by order, not inconsistent

the same

in

not be made, the rule shall

form or be of no effect,

any such modification

to the validity

of the

of ten days, which

the House agrees in making any modification

agrees

case may be, however,

the House

or in two or more successive

aforesaid,

effect

before

a total period

the rule, or the House

have

under this Act, shall be

of this

with the provisions

that no such order shall be made after the expiry of a period

from

the commencement

of this Act.

2 0 1 1 (Punjab Ordinance
23. (1) The Punjab Right to Service Ordinance,IHGFEDCBA

No. 7 of 201 I), is hereby

repealed.

(2) Notwithstanding

such repeal, anything

under the Ordinance,

referred to in sub-section
been done or taken under this Act.

(1 ),

done or any action taken

shall be deemed

to have

T H E SCHEDULE

[See

Section

15(3)]

FOR:.1 OF OATH OR AFFIRMATION

CHIEF

TO BE MADE

having

Commissioner/Commissioner
faith and allegiance

appointed

Chief

bear true

of India as by law established,

that I

and integrity of India, that I will duly and faithfully

and to the best of my ability,

knowledge

fear or favour, affection

of India

been

~~ear in the name of God that I will

solemnly affirm

to the Constitution

will uphold the sovereignty

Constitution

BY THE

COMMISSIONER/COMMISSIONER

"I,

my office without

Power to
remove
difficulties.

and judgment

perform

the duties of

or ill-will and that I will uphold the

and the laws made thereunder.".

GOBINDER
Secretary
Department

7476/1 0-2011/4100/Pb. Govt. Press, SAS. Nagar

SjNGH,

to Government

of Punjab,

of Legal and Legislative

Affairs.

Repeal and
saving.