State Act

9

Section 9. Penalty

The Assam Right to Public Service Act, 2012 (Single Document)

Act no. 9 of 20122012In forceAssam (State Act)

1[9. (1) If the Commission is of the opinion that the Designated Public Servant has refused to receive an application for notified services or has failed to provide the notified public services within stipulated time as fixed under the Act or malafidely denied the request for notified Services or obstructed in any manner in providing the notified services without sufficient and reasonable cause, then the Commission shall impose a penalty of two hundred and fifty rupees for each day of delay after completion of the stipulated time limit for providing the particular notified service, provided however, that the total amount of such penalty shall not exceed twenty five thousand rupee in all : Provided that the Designated Public Servant shall be given a reasonable opportunity of being heard before such penalty is imposed upon him: Provided further that the burden of proving that he acted reasonably and diligently shall be on the Designated Public Servant. (2) Where the Commission, at the time of deciding any appeal is of the opinion that the Designated Public Servant has without any reasonable cause, persistently, failed to receive an application for notified Services or has not provided the service within the stipulated time limit or malafidely denied the request or obstructed in any manner in providing the service for notified services, it shall recommend for disciplinary action against the Designated Public Servant under the service rules applicable to him : Provided that the Designated Public Servant shall be given a reasonable opportunity of being heard before any penalty is imposed on him.]