Gazette of DNH And DD, No. 06, 16 December 2022

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भारत सरकार / Government of India

सरकारी राजपत्र

OFFICIAL GAZETTE

संघ प्रदेश दादरा एवं नगर हवेली तथा दमण एवं दीव प्रशासन

U.T. ADMINISTRATION OF DADRA AND NAGAR HAVELI AND

DAMAN AND DIU

श्रेणी - १

SERIES - I

प्राधिकरण द्वारा प्रकाशित / PUBLISHED BY AUHTORITY

Daman 21st October, 2022 29 Asvina, 1944 (Saka) No. : 06

U.T. ADMINISTRATION OF

DADRA & NAGAR HAVELI AND DAMAN & DIU,

VIDYUT BHAVAN, DAMAN

No. LAW/U.T. Merge(4)/Adapt.State Law/2022/140

Date: 17/10/2022

Read: Notification No.LAW/U.T. Merge (4)/Adapt.State Law/2022/47, dated 30.03.2022

NOTIFICATION

In exercise of the powers conferred by Section-29 of the Union Territory of Dadra and Nagar Haveli and Daman and Diu (Right of Citizens to Public Services) Act, 2022 the U.T Administration of, Dadra & Nagar Haveli and Daman & Diu hereby makes the following Rules:

1. Short Title and commencement:

a. These rules may be called The Union Territory of Dadra and Nagar Haveli and Daman and Diu (Right of Citizens to Public Services) Rules, 2022.

b. They shall come into force on the date of their publication in the Official Gazette.

2. Definitions:

I. In these rules, unless the context otherwise requires:

a. 'Act' means the Union Territory of Dadra and Nagar Haveli and Daman and Diu (Right of

Citizens to Public Services) Act, 2022;

b. 'Form' means form appended to these rules;

c. 'Notified services' means services notified by the U.T Administration under Section 4 of the Act; d. 'Prescribed format' means formats prescribed by the concerned department delivering a notified service under Section 4 of the Act;

e. 'Section' means Section of the Act.

II. The words and expressions used in these rules but not defined shall have the same meaning assigned to them in the Act.

3. Publication of names of Designated Officers, Grievance Redressal Officers, Designated Authorities and UT Appellate Authority: As per section 5, section 6, section 9 (2) and section 12 of the Act, a Head of the Department shall publish the names and addresses of its Designated Officers, Grievance Redressal Officers, Designated Authorities and UT Appellate Authority in all administrative units or offices at the UT, district and village levels, municipalities, panchayats and such other offices. The names, addresses, email Id, contact numbers, fax numbers of Designated Officers and Grievance Redressal Officers shall also be displayed on the website of each Head of the Department.

4. Display of information on Notice Board: The Designated Officer shall, for the convenience of common public cause to display all relevant information as per Form-A regarding the notified services available in his office on the notice board outside its office. Such notice boards shall be exhibited in front and particularly at a conspicuous place of the office. Sufficient number of copies of the prescribed applications be made available in the office.

5. Manner of receiving application and issuing acknowledgment to Applicants:

1) In order to exercise the right conferred by the section 3 of the Act, the citizen, who desires to obtain service/services, shall apply to the Designated Officer for one or more services as notified by UT Administration under section 4 of the Act as per prescribed application form or any other form along with the documents prescribed in the checklist in the office.

2) The Designated officer or Authorized person shall upon receipt of the written application or in such Form wherever prescribed, give due acknowledgment to the applicant in Form B within three working days of the making of the application.

3) In case necessary documents have not been enclosed with the application, then the same shall be clearly mentioned in the acknowledgment and all the deficiencies shall be communicated together in that instance only and the date of delivery shall not be mentioned in such acknowledgment.

4) Where all the necessary documents have been enclosed with the application and the application is complete in all respects, then the date of delivery shall be mentioned.

5) The Departments shall ensure that all applications are received online only as far as possible.

6) Acknowledgment receipt shall also be issued online for all online applications.

6. Public holidays shall not be included: The public holidays shall not be included while calculating the stipulated time limit for delivery of service and the number of days where the applicant has not responded to any query of the department shall not be included in calculation of time limit.

7. Relaxation of Fee: No fee shall be levied for application to Grievances Redressal Officer, Designated Appellate Authority, and UT Appellate Authority.

8. Manner of receiving complaint:

1) In case the notified services are not rendered or not rendered within the prescribed time frame, then the aggrieved citizen shall file a written complaint in a format as prescribed in Form-C through hand delivery, fax, post or registered post or online with the concerned Grievances Redressal Officer appointed by the Head of the Department under section 6 of the Act.

2) The Grievances Redressal Officer shall upon receipt of the written complaint, give due acknowledgment to the applicant as per Form-B preferably online within three working days of the making of the complaint as per section 7 of the Act.

9. Manner of giving notice:

1) The Grievances Redressal Officer shall issue notice to the designated officer or the subordinate official responsible for the delay or default in providing the service/services within the prescribed time limit. He shall also indicate the time limit within which the delaying officer or official shall furnish a reply to the notice.

2) If the Grievances Redressal Officer is not satisfied with the explanation furnished by Designated Officer or Subordinate official responsible for providing service/services, the Grievance Redressal Officer shall proceed further as per Rule10.

10. Communicating the information regarding hearing:

1) Information of hearing of the complaint by Grievance Redressal Officer shall be communicated by the Grievance Redressal Officer in one of the following manners, namely:

a) By hand delivery;

b) By post;

c) By Telephone/Fax/e-mail/SMS (whatever speedy communication opted by the applicant);

d) Through Online.

2) The hearing date shall be communicated to the complainant and/or Designated Officer, as the case may be, at least seven days in advance.

3) The applicant or Designated Officer, as the case may be, shall make himself present during the hearing.

4) If any party remains absent on the date of hearing even after the information regarding hearing being duly informed to him, then, the application may be decided ex-parte.

11. Procedure for decision on Complaint:

1) The decision of the Grievance Redressal Officer on orders of designated Officer or on a complaint made under section 6 shall involve the following steps, namely:

a) Review of concerned documents, public records, or their copies. b) In exceptional circumstances, any other officer may be authorized for the required investigation.

c) The Designated Officer or subordinate official as the case may be, may be summoned at the time of hearing.

2) The decision of the Grievance Redressal Officer shall mention reasons for arriving at such decision.

3) The Grievance Redressal Officer shall dispose the appeal to him within thirty days.

4) The Grievance Redressal Officer shall report every complaint which has not been redressed along with the details and nature of the complaints and reasons for non-redressal of the complaints to the Designated Authority within fifteen days from the date of the order.

12. Communication of order by Grievance Redressal Officer:

1) The Grievance Redressal Officer shall arrange to deliver the copies of the decision to the parties concerned within seven days from the date of the order.

2) In the event of recommendation for disciplinary action against the Designated Officer or his subordinate public servant under section 8 (1) (c) or (d), as the case may be, the Grievance Redressal Officer shall send orders issued against him to the concerned Head of the Department or Appropriate Authority.

13. First Appeal before Designated Authority:

1) Any person aggrieved by the decision of the Grievance Redressal Officer may file appeal with Designated Authority as per sub-section (2) of section 10 of the Act within thirty days from the date of receipt of the copy of the order of Grievance Redressal Officer in format as prescribed in Form-D.

2) Every complaint forwarded along with the details under sub-section (1) of section 9 shall be deemed to have been filed as appeal to the Designated Authority.

3) Receipt of such appeal shall be acknowledged as per Form-E within three working days.

4) Every Appeal shall be disposed of within forty-five days from the date of deemed appeal or from the date of filing appeal by the applicant.

5) All Appeals shall be disposed off in the following manner:

a) The hearing date shall be communicated to complainant, Grievance Redressal Officer concerned and Designated Officer at least seven days in advance.

b) The complainant, Designated Officer and Grievance Redressal Officer may make themselves present during the hearing.

c) If any party remains absent on the date of hearing even after the hearing being duly informed to him, then the application may be decided ex-parte.

d) The Designated Authority shall arrange to deliver the copies of the decision to the parties concerned within fifteen days from the date of the order.

e) The Designated Authority shall accord hearing to the concerned officer before imposing penalty under subsection (1) of section 23 of the Act.

f) The Designated Authority shall inform in writing to the Appropriate Authority/ Disciplinary Authority within fifteen days of hearing towards the individual officer of the public authority complained against, then it shall record in writing such evidence as may be found in support of such conclusion as per sub-section (7) of section-10.

g) The Designated Authority shall inform in writing to the concerned Head of the Department within fifteen days of hearing to take specific action as may be necessary to render the services in compliance of the notification issued under section 4 of the Act.

14. U.T Appellate Authority: There shall be one or more U.T Appellate Authority appointed by the U.T Administration as per section 12(2) and section 13 of the Act.

15. Second Appeal before U.T Appellate Authority:

1) Any person who does not receive the decision of Designated Authority within forty-five days from the date of appeal or aggrieved by the decision of Designated Authority may file second appeal with U.T Appellate Authority within thirty days from expiry of such period or fromSERIES – I No. 06 THE GAZETTE OF DNH & DD Page 5 the date of receipt of the copy of the order of Designated Authority, as the case may be, in a format as prescribed in form – D.

2) Receipt of such second appeal shall be acknowledged as per Form E within three working days.

3) All Appeals should be disposed off in the following manner:

a) The hearing date shall be communicated to the complainant, the Grievance Redressal Officer concerned, Designated Authority concerned and Designated Officer at least seven days in advance.

b) The complainant concerned, Designated Officer, Grievance Redressal Officer and Designated Authority may make himself present during the hearing.

c) If any party remains absent on the date of hearing even after the hearing being duly informed to him, then the application may be decided ex-parte.

d) The Appellate Authority shall arrange to deliver the copies of the decision to the parties concerned within fifteen days from the date of the order.

e) The Appellate Authority shall accord hearing to the concerned officer before imposing penalty under sub-section (1) of section 23 of the Act.

f) The Appellate Authority shall inform in writing to the Appropriate Authority/Disciplinary Authority within fifteen days of hearing towards the individual officer of the public authority complained against, then it shall record in writing such evidence as may be found in support of such conclusion as per section 22 of the Act.

g) The Appellate Authority shall inform in writing to the concerned Officer within fifteen days of hearing to take specific action as may be necessary to render the services in compliance of the notification issued under section 4 of the Act.

16. Manner of Publishing Report: Every Head of the Department shall publish annual reports in book form within three months at the end of the calendar year under sub section (2) of section 24 of the Act and send it to the respective administrative departments of the U.T and annual reports may be uploaded online.

17. Maintenance of records of all cases under the Act: The Designated Officer, Grievance Redressal Officer, Designated Authority and Appellate Authority shall maintain records of all the cases in Form E-1, Form E2, Form E-3 and Form E-4 respectively with regard to the action taken.

18. Dissemination and Training: The U.T Administration shall, to the extent of availability of financial and other resources:

1) Develop and organize campaigns and programs to advance the understanding of the public, in particular of the disadvantaged communities, as to how to exercise the rights contemplated under the Act and encourage public authorities to participate in the development and organization of such programs.

2) Take steps that the relevant provisions regarding the Act shall be included in the curriculum of schools and colleges so as to educate citizens about the Act;

3) Provide staff and infrastructure for the effective implementation of the Act;

4) Give timely and effective dissemination of accurate information by public authorities about the notified services and timelines to the citizens and the processes for applications;

5) Train Designated Officers, Grievance Redressal Officers, and staff of Appellate Authority, as the case may be, of their duties under the Act;

6) Issue direction to the concerned departments of the U.T Administration to frame guidelines containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified under the Act. 19. Monitoring of Implementation: The U.T Administration shall introduce a system for centralized monitoring of the timely delivery of notified services, through use of Information and communication Technologies/E-Governance, and for monitoring various provisions of the Act. 20. Awards:

1) At the end of each year list of officers or service providers who have not defaulted that year shall be published and be issued letter of appreciation as per Form-F by Head of the Department. The same shall also be noted in the APAR of the concerned officer/employee. The names of such officers shall be recommended to U.T Administration for reward.

2) The U.T Administration may give reward to officers or service providers against whom no default is reported in that year, so as to encourage and enhance the efficiency of the U.T Administration staff. For this, the competent authority shall recommend such names to the U.T Administration at the end of each year. Appropriate reward for such officers may be fixed by the U.T Administration.

21. Services: All departments shall ensure that all their services are made online within 2 months from the date of issue of this Notification.

22. The list of the mandatory services to be delivered online and the timeframe within which the services are to be delivered are annexed in the Schedule.

23. The Departments of U.T Administration may further add services in the schedule as and when deemed necessary.

24. Nothing mentioned hereinabove shall restrict the Departments from providing the services in lesser time than the timeframe mentioned in these Rules.

25. Notwithstanding anything contained in these rules, if the Principal Acts/Rules, under which services are provided, prescribe a lesser timeframe, then those services shall be delivered as per the timelines mentioned in those Acts/Rules.

By order and in the name of the Administrator of Dadra & Nagar Haveli and Daman & Diu.

Sd/– (S Krishna Chaitanya) Director-cum-Deputy. Secretary (Industries)SERIES – I No. 06 THE GAZETTE OF DNH & DD Page 7

Schedule– I

FORM A

(See Rule 4)

DISPLAYBOARD

The Union Territory of Dadra and Nagar Haveli andDaman and Diu

(Right of Citizens to Public Services) Act, 2022.

Name of the Office:

Name of District:

Scheduled Services:

Name and designation of the authorized person to give and receive the application:- Instructions to Citizens

1) To get the acknowledgement receipt compulsorily. 2) If services are delayed / not delivered, contact Grievance Redressal Officer along with acknowledgment receipt.

Website: Email-id:

Contact number of call center / Help desk number:

FORM B

(See rule 5(2) or Rule 8(2))

Acknowledgement by the Designated Officer/ Grievance Redressal Officer

Place:

Signature and Stamp of the

Designated Officer/ Grievance Redressal Officer Date:

FORM C

(See Rule 8(1))

Format for filing Complaint with Grievances Redressal Officer To The Grievance Redressal Officer,

Name of the concerned Public Authority Address:-

I want to complain against non-delivery/ delayed delivery of service (Details of requested notified service) by Shri/Smt./Kum(Name and Designation of Designated Officer).

I had applied for services on___(Date). However, the services were not delivered/not delivered within prescribed time limit of___days.

 I hereby declare that I am a Citizen of India.  I hereby declare that above details are true to the best of my knowledge and belief.

Name & Signature of the Complainant: Address : Telephone No./Mobile No. Place : Date : Mode of delivery of complaint:-

Encl:-1. Copy of Acknowledgement issued by Designated Officer.

FORM-D

(See rule-13(1) or role 15(1))

Format for filing Appeal before Designated Authority or U.T Appellate Authority.

To The Designated Authority/ U.T Appellate Authority, Address ________________

I want to file an appeal against decision of Grievances Redressal Officer / Designated Authority (Name & Address) dated

I find the said decision/order to be unjustified and unreasonable owing to following reason(s) :- ------------------------

The authority may be pleased to strike down the decision/order of Grievances Redressal Officer/Designated Authority and pass any such further order and directions as it may consider just.

 I hereby declare that I am a Citizen of India.  I here by declare that above details are true to the best of my knowledge and belief.

Signature of the Appellant Address : Telephone No./Mobile No.

Place : Date :

Mode of Delivery of Appeal:- Enclosure :

1. Copy of Acknowledgement issued by Designated Officer 2. Copy of Acknowledgement issued by Grievance Redressal Officer. 3. Copy of decision of Grievance Redressal Officer. (in case of Appeal against Grievance Redressal Officer).

4. Copy of Acknowledgement issued by Designated Authority (in case of Appeal against Designated Authority)

5. Copy of decision of Designated Authority (in case of Appeal against Designated Authority)SERIES – I No. 06 THE GAZETTE OF DNH & DD Page 23

FORM E

(See Rule 13(3) or rule 15(2))

Acknowledgement by the Designated Authority/ U.T Appellate Authority:

Place: Date

Signature and Stamp of the Designated

Form E-1

(See rule 17)

Register to be maintained by the Designated Officer

Name and designation: Address:

Form E-2

(see rule I7)

Register to be maintained by Grievance Redressal Officer

Name and designation:

Address:

Form E-3 (see rule 17) Register to be maintained by Designated Appellate Authority

Name and designation:

Address:

Form E-4

(see rule 17)

Register to be maintained by U.T Appellate Authority

Name and designation: Address:

FORM-F

(see rule 20)

(Draft Appreciation letter)

To, Name and Designation of the officer

It is matter of pride that you have delivered the services under The Union Territory of Dadra and Nagar Haveli and Daman and Diu (Right of Citizens to Public Services) Act, 2022 in time to the citizens throughout the year. Owing to excellent and timely services rendered by you, the Department and the Administration have earned good name and has resulted in promoting good faith in the citizens towards the Act and the administrative reforms measures taken by the Administration. It is assumed that the employees will get encouragement and enthusiasm from your model service. I would like to place on record the appreciation of the Administration for the outstanding (default free) service rendered by you in the year...........

Wishing you many more success in future.

Signature and Stamp of Public Authority.

***

Published by : e-gazette, Department of Planning & Statistics, DNH & DD.