Amendments to the 2011 Regulations
*New provisions will also apply to second appeals, reviews
JAMMU, Aug 6: The Union Territory Government of Jammu and Kashmir has tied online services of all departments to the time limits set by the Public Service Guarantee Act (PSGA) by making changes to the rules of 2011. The changes will also apply to Second Appeals and Reviews.
Official sources told EXCELSIOR that when the Jammu and Kashmir Public Service Guarantee Act was enacted and the rules were drawn up in 2011, very few services were offered to the public by government departments through an online or electronic mode.
Over the past few years, a large number of services from several government departments have been made available online and as a result, Lieutenant Governor Manoj Sinha felt that it was imperative to get online services related to deadlines fixed by the law on the guarantee of public services.
Accordingly, the General Administration Department has today issued a notification making amendments to the Jammu and Kashmir Public Service Guarantee Rules, 2011.
“In exercising the powers conferred by Section 17 of the Jammu and Kashmir Public Service Guarantee Act 2011, which confers the power to make rules for the carrying out of the provisions of the Act, government directs amendments to be made in Jammu and Kashmir Kashmir Public Service Guarantee Rules, 2011,” read the notification issued by Principal Secretary of Government, General Administration Department Manoj Kumar Dwivedi.
After Rule 3, a new Rule 3A(1) has been inserted and this Rule states: “Whenever a service notified under section 4 of the Act is provided online or electronically by a department, the provisions of the Act and Rules 3,4,8,12,13,14,15 and 16 apply mutatis mutandis to this service”.
“Failure to provide such service or refusal to provide such service by the Designated Agents within the specified time period shall be automatically transmitted electronically to the Appeal Authority, the Designated Agents as well as the Applicant and the appeal authority shall accordingly electronically proceed and exercise its appellate jurisdiction in accordance with the provisions of the Act and the Rules,” the new Rule further read. These provisions also apply to second appeals and reviews. .
Section 4 of the Utilities Guarantee Act, which deals with notice of utilities and time limits, reads: “The Government may from time to time specify which utilities shall be the utilities to purposes of the law and shall specify the time frame within which such services shall be provided to eligible persons.To provide the services specified in subsection (I), the government may, for different areas and for different services, appoint agents who will be responsible for providing each of these services to eligible persons”.
Rule 3 concerns the authorization by the Designated Agent to receive the application while Rule 4 deals with the issuance of an acknowledgment to the applicant. Similarly, Rule 8 deals with the content of the request for appeal and review and Rule 12 deals with the hearing of the appeal or review. Rule 13 and Rule 14 relate to order of appeal or review and recovery of penalty. Aspects relating to the payment of compensation and the keeping of records of cases settled under the law are covered by Articles 15 and 16.
The second appeal provision of the law states: “Any person aggrieved by the order made by the first appeal authority may appeal to the second appeal authority within 60 days from the date on which the order appealed from has been made: provided that the second appeal authority may allow an appeal after the expiry of the 60-day period, if it is satisfied that the appellant has been prevented, cause, to bring the appeal within the time limits. The second appeal authority may, within forty-five days from the date of the presentation of the appeal, make an order requiring the designated official to provide the public service within such time as it may specify or to remove the deficiency in the service provided to the appellant, or may make such other order, including dismissal of the appeal, as it deems appropriate”.