The Odisha Right to Public Services Act, 2012

1. Introduction & Objectives

Official Title: Odisha Act 8 of 2012.

Purpose: To provide for the delivery of public services to citizens within a "given time limit". (like issuing a caste certificate or a birth certificate) that must be delivered within a stipulated time limit.
Extent: Extends to the whole State of Odisha.
Commencement: Comes into force on a date appointed by notification by the State Government. (1^st Nov. 2012)

2. Key Definitions (Section 2)

Eligible Person: A person entitled to a service per statutory provisions or executive instructions. Examples: Student Seeking Caste Certificate, Citizen Applying for Ration Card, Foreigner Needing Extensions
Designated Officer: An officer designated to provide the specific service. Example: The Tehsildar might be the "Designated Officer" for issuing land records (Patta).
Given Time Limit: The maximum time allowed to provide the service or decide an appeal.
Right to Public Service: The right to obtain notified services within the given time limit.

3. Service Delivery Mechanism

Notification of Services

The State Government notifies services, designated officers, and time limits from time to time.

Application Process (Section 4)

An eligible person makes an application to the Designated Officer.
The Officer must dispose of the application within the given time limit.
Rejection: If rejected, reasons must be recorded and intimated to the applicant.
Records: Officers must maintain records of services applied for.

4. Grievance Redressal (Appeal & Revision)

First Appeal (Section 5)

Grounds: Rejection of application OR failure to provide service within time.
Time Limit to File: Within 30 days of rejection/expiry of time.
- Extension: Up to 90 days if sufficient cause is shown.
Disposal: Appellate Authority must decide within 30 days. Sub-Collector (Appellate Authority), Secretary of the Department or the State Government if the Designated Officer fails to provide service.

Revision (Section 6)

Grounds: Aggrieved by Appellate Authority's order OR non-disposal of appeal.
Time Limit to File: Within 30 days of order/expiry of time.
- Extension: Up to 60 days if sufficient cause is shown.

5. Quasi-Judicial Powers (Section 7)

The Appellate and Revisional Authorities (District Level Services(RTO (Regional Transport Office) or Revenue department, the Collector or District Magistrate), Departmental Level Services (The Director or Secretary of the concerned department (e.g., Director of Fisheries, Commissioner-cum-Secretary of a Department ) exercise powers of a Civil Court under the Code of Civil Procedure, 1908 regarding:

Summoning and enforcing attendance of the Designated Officer/Appellant.
Compelling oral or documentary evidence.
Production and inspection of documents.

6. Penalties (Section 8)

Penalties are imposed by the Revisional Authority after giving a reasonable opportunity of being heard.

Failure to provide service (without cause): Penalty up to ₹5,000 on Designated Officer.
Delay in service: Penalty up to ₹250 per day of delay.
Appellate Authority Failure: If appeal is not decided in time without cause, penalty up to ₹5,000 on Appellate Authority.

Important Note on Liability

Apportionment: Penalty is charged from the Designated Officer, Appellate Authority, and subordinate staff in proportion decided by the Revisional Authority.
Misconduct (Section 9): Non-compliance with Revisional Authority orders amounts to misconduct and liable for disciplinary action.

7. Miscellaneous Provisions

Bar of Jurisdiction (Section 10): No Court can entertain suits regarding orders made under this Act (except via Appeal/Revision under this Act).
Suo Motu Power (Section 11): Government can send complaints of non-compliance directly to the Appellate Authority.
Good Faith (Section 12): Legal protection for actions taken in good faith.
Transparency (Section 13): Services and time limits must be displayed locally and on the website in Odia language.
Rule Making (Section 14): Government to make rules within 6 months.
Removal of Difficulties (Section 15): Government order allowed within 2 years of commencement.