draft public grievance redressal bill

8/4/2019 Draft Public Grievance Redressal Bill

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THE DRAFT NATIONAL GRIEVANCE REDRESS BILL, 2011RASHTRIYA SHIKAYAT NIVARAN KANOON, 2011

*Submitted to the Ministry of Rural Development (MoRD). This Bill draws heavily from the grievance redressexperience of MGNREGA, but it provides a generic grievance redress mechanism which would be applicable in

rural and urban areas.

An Act to provide for the effectiveand time-bound redress of grievancesof citizens.To provide for the effective delivery of services to thecitizens within the stipulated time limit, including liabilities of thegovernment servants, in case of default and for matters connectedtherewith or incidental thereto.

To create a system whereby common citizens can make the governmentanswerable in terms of its functions, specifically with relation to itsduties, commitments and obligations towards citizens.To develop clear and tangible statement of obligations for all publicauthorities, offices and public servants.To develop systems to ensure that the people of India are appropriatelymade aware of these statement of obligations and are also made awareof their rights and entitlements in relation to these.To build on the existing structures of grievance redress set up undervarious laws such as National Rural Employement Guarantee Act, Rightto Education Act, Forest Rights Act and nationally-sponsored schemes&programs like National Rural Health Mission, Integrated ChildDevelopment Scheme, Public Distribution System and those envisionedto be set up under proposed entitlements laws like the National FoodSecurity Act.To develop institutional capacity to receive, enquire into and redresscomplaints regarding any grievance.

CHAPTER IPreliminary

Short title, extent and commencement

1. (1) This Act may be called the National Grievance Redress Bill, 2011.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Government may, bynotification, appoint.

(4) This Act shall apply to government servants appointed substantively

to any civil services or posts in connection with the affairs of theCentral Government and to the servants of local bodies and authoritieswhich are owned, controlled or substantially financed by thatGovernment and to the servants of entities administered in partnershipbetween the government and private entities. The Act shall not applytopersons appointed on casual or daily rates basis.

Definitions2. In this Act, unless the context otherwise requires,

(a) "appropriate Government" means a public authority which isestablished, constituted, owned, controlled or substantially financed byfunds provided directly or indirectly by the Central Government or theUnion territory administration, the Central Government;


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(b) "Central Public Grievance Commission" means the Central PublicGrievance Commissionconstituted under Chapter VIII of this Act;

(c) "Central Grievance Redress Officer" means the Central GrievanceRedress Officer designated under section 5;

(d) "ChiefGrievance Redress Commissioner" and "Central GrievanceRedress Commissioner" mean the Central ChiefGrievance RedressCommissioner and Central Grievance Redress Commissioner appointedunder Chapter VIII under this Act;

(e) Complaint means a complaint filed by a citizen regarding anygrievance including but not restricted to the following:

a. Any deficiency in the functioning of a public authority/office inrelation to its defined statement of obligations including thoseas defined by the Public Authority under Section 4 of the RTI

Act.b. Violation by a public authority/office, of any timeline, service,

obligation, commitment etc. laid out in any other law, rule,policy, guideline, order, citizen charters etc.

c. Failure to provide any service or obligation in a manner thatwould be reasonable to expect of the public authority/officeincluding those as laid out by the public authority underSection 4 of the RTI Act.

(f) "District Public Grievance Authority means the District GrievanceAuthority constituted underchapter VI of the Act;

(g) District Grievance Redress Commissioner and Assistant DistrictGrievance Redress Commissioners means the District GrievanceRedress Commissioner and Assistant District Grievance RedressCommissioners appointed under chapter VI of the Act;

(g)"Peoples Support Centre (JantaSahita Kendra) means a PeoplesSupport Centre set up under Chapter IV of the Act;

(h) "prescribed" means prescribed by rules made under this Act by theappropriate Government;

(i) "public authority" means any authority or body or institution of self-government established or constituted(a) by or under the Constitution;(b) by any other law made by Parliament;(c) by any other law made by State Legislature;(d) by notification issued or order made by the appropriateGovernment, and includes any

(i) body owned, controlled or substantially financed;(ii) non-Government organisation substantially financed,directly or indirectly by funds provided by the appropriateGovernment;(iii) an organization or body corporate in its capacity as an

instrumentality of State as defined under article 12 of theConstitution and rendering services of public utility in India;


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(e ) by an agreement/ MoU between the government and anyprivate entity (Public-Private Partnership).

(j) Search Committee means a committee constituted under ChapterVII and VIII of the Act.

(k) "State Public Grievance Commission" means the State PublicGrievance Commission constituted under chapter VII of this Act;

(l) "State Grievance Redress Officer" means the State GrievanceRedress Officer designated under section 5;

(m) "State Chief Grievance Redress Commissioner" and "StateGrievance Redress Commissioner" mean the State Chief GrievanceRedress Commissioner and State Grievance Redress Commissionerappointed under chapter VII of the Act;

(n) "Statement of obligations" means the Statement of obligations ofpublic authorities as defined in sub-section (1) of section 4;

CHAPTER IIStatement of obligations of public authorities and the obligation of

public authorities to create awareness about these

3. Subject to the provisions of this Act, all persons shall have the rightto time bound redress of grievances.

Statement of obligations4. (1) It shall be the duty of every Head of Department in every publicauthority topublish within 50 days of the enactment of this Act, astatement of its obligations in terms of its duties, obligations andcommitments towards citizens including those under Section 4 of theRTI Act. This should include but not necessarily be restricted to-

a. Defining the services and goods that the particular publicauthority/office provides directly (or indirectly through anyother agency/contractor or through any public-privatepartnership).

b. Detailing and describing the processes by which the public canaccess and/or receive the goods and services that they are

entitled to from the public authority/office.c. Describing the conditions under which a person becomeseligible for the goods and services, and consequently thecategories of people who are entitled to receive the goods andservices.

d. Defining the quantitative and tangible parameters, (weight,size, frequency etc,) and timelines, that are applicable to thegoods and services that are accessible to the public.

e. Defining the qualitative and quantitative outcomes that eachpublic authority/office had undertaken to achieve through thegoods and services that it was obligated to provide. (Forexample- level of cleanliness for sanitation services, incidence

of vector based diseases for health care services etc.)


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f. Laying down individual responsibility for providing the goodsand services (who is responsible for delivery/implementationand who is responsible for supervision).

g. Defining the time-frame within which the public authority shalldispose complaints.

(2) The Head of Office in each public authority shall be responsible forupdating and verifying the statement of obligations every year andsending a compliance report to Head of Department.

Dissemination of & creating awareness about the Statement ofObligations(3) The Head of Office shall be responsible for widely disseminating thestatement of obligations of that public authority and creatingawareness about the same.

(4) Each public authority shall ensure that its statement of obligationsis widely disseminated in all appropriate manners, is verified to becorrect, and is updated in keeping with the timeline specified.It shall bethe constant endeavour of every public authority to take steps inaccordance with the requirements of clause (b) of sub-section (1) ofsection 4 of the RTI Act2005 to provide as much information about thestatement of obligations suomotu to the public at regular intervalsthrough various means of communications, including internet.

(5) Statement of obligations shall be disseminated widely and in suchform and manner which is easily accessible to the public. All materialsshall be disseminated taking into consideration the cost effectiveness,local language and the most effective method of communication in thatlocal area and the information should be easily accessible, to the extentpossible in electronic format with the Head of Office, and shall beavailable free or at such cost of the medium or the print cost price asmay be prescribed.

ExplanationFor the purposes of sub-sections (3), (4) and (5),"disseminated" means making known or communicated the informationto the public through notice boards, newspapers, publicannouncements, media broadcasts, the internet or any other means,including inspection of offices of any public authority.

(6) The statement of obligations shall be submitted to the CentralPublic Grievance Commission every time that it is updated.

CHAPTER IIIAppointment and obligations of Grievance Redress Officers

5. (1) Every public authority shall, within fifty days of the enactment ofthis Act, designate as many officers as the Central Grievance RedressOfficersor State Grievance Redress Officers, as the case may be, inalladministrative units or offices at the district and sub-district levelunder it, as may be necessary, to receive, enquire into and redress any

complaints from citizens in the specified timeframe. Where thegrievance lies against a officer at the sub-district/ district level the next


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senior Grievance Redress Officer shall enquire into the complaint. TheCentral Grievance Redress Officer or State Grievance Redress Officers,as the case may be, shall be an officer at the block level in rural areasand at the sub-district level in urban areas. The Central GrievanceRedress Officer or State Grievance Redress Officers, as the case maybe, shall be an officer who has adequate authority and power to ensurethat:

a. the deficiency is redressed in a reasonable timeframeb. responsibility is fixed for the deficiency occurring in the first

place and, where thought necessary, the errant functionary isreprimanded or punished as per the laid down procedures

(2) Every Central Grievance Redress Officer or State Grievance RedressOfficers, as the case may be, shall deal with complaints from personsseeking redress of grievances and render reasonable assistance to thepersons seeking such complaint.

(3) The Central Grievance Redress Officer or State Grievance RedressOfficers, as the case may be, may seek the assistance of any otherofficer as he or she considers it necessary for the proper discharge of hisor her duties and/or may direct any other officer to take action toredress a complaint.

(4) Any officer, whose assistance has been sought under sub-section (3),shall render all assistance to the Central Grievance Redress Officer orState Grievance Redress Officers, as the case may be, seeking his or herassistance and for the purposes of any contravention of the provisionsof this Act, such other officer shall be treated as a Central GrievanceRedress Officer or State Grievance Redress Officers, as the case may be.

Chapter IVSetting up of Peoples Support Centre

6.(1) Without prejudice to the provisions of Chapter III, Peoples SupportCentres would be set up by theDistrict Public Grievance Authorityat theblock level,all over the country, which would register grievances ofcitizens and forward these to the appropriate Central Grievance RedressOfficer or State Grievance Redress Officer, as the case may be. Thesecentres would also function as information centres and wouldproactively provide information to citizens about the schemes andprograms of the government, statement of obligations of relevant public

authorities and would also assist citizens in filing complaints and intracking their applications and entitlements.

Provided that where a complaint is given to a Peoples Support Centre,the Centre shall at the time of receiving the complaint,and in any casewithin the same day, forward the complaint to the appropriate CentralGrievance Redress Officer or State Grievance Redress Officer, as thecase may be electronically. The Peoples Support Centre shall within 2days of receiving a complaint, send a notification through e-mail, SMS,any other means, to the complainant giving details of the GrievanceRedress Officer to whom the complaint has been forwarded.

(2) The Peoples Support Centre shall be equipped with computers andtelephones to register and forward the complaints of people. The Centre


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shall be appropriately staffed by telephone and computer operators andshall be managed by a Support Centre co-ordinator.

(3) The staff and the coordinator of the Peoples Support Centre shall beappointed by the District Public Grievance Authority in accordance withrules laid down on this behalf.

(4) Any complaints regarding non-registration of complaint or anyviolation of the provisions of the Act by the Peoples Support Centreshall lie with the District Public Grievance Authority. An appeal againstthe order of the District Public Grievance Authority shall lie with theCentral Public Grievance Commission or the State Public GrievanceCommission, as the case may be.

Chapter VMaking a complaint

7. (1) A person, who desires to make a complaint under this Act, shallmake a request in writing, through electronic means, through SMS,through telephone or through any other such means, as may beprescribed, in English or Hindi or in the official language of the area inwhich the complaint is being made, to the Central Grievance RedressOfficer or State Grievance Redress Officer, as the case may be, of theconcerned public authority or the Peoples Support Centre of theconcerned block specifying the particulars of the grievance:

Provided that where such request cannot be made in writing, the CentralGrievance Redress Officer or State Grievance Redress Officer and the

Peoples Support Centre shall render all reasonable assistance to theperson making the request orally to reduce thesame in writing.

(2) All complaints shall be acknowledged by a receipt, issued in writing,through electronic means, through SMS, through telephone or throughany other such means, as may be prescribed, specifying the date, time,place, unique complaintnumber and particulars of receiver of complaint.It shall also specify the stipulated time-frame in accordance with itsstatement of obligations within which the complaint will be redressed.

(3) Where a complaint is made to a public authority, the subject matter

of which is more closely connected with the functions of another publicauthority, the public authority, to which such complaint is made, shallelectronically transfer the complaint or such part of it as may beappropriate to that other public authority and inform the complainantimmediately about such transfer.

Provided that the transfer of a complaint pursuant to this sub-sectionshall be made as soon as practicable but in no case later than one dayfrom the date of receipt of the complaint.

(4) Every public authority shall create a mechanism by which citizenscan track their complaints in real time, as far as possible, through

internet, telephone, SMS, or other electronic means, using the unique


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complaint number. Every Peoples Support Centre shall assist citizens intracking their complaint.

8. (1) Subject to the proviso to sub-section (1) of section 6 or the provisoto sub-section (3) of section 7, Central Grievance Redress Officer orState Grievance Redress Officer, as the case may be, on receipt of acomplaint undersection 7 shall, as expeditiously as possible, and in anycase within the time period specified, redress the complaint.

(a) Complaints of an urgent and/ immediate nature or where thecomplaint concerns the life or liberty of a person, shall be disposed ofwithin 5 days of the receipt of the complaint.

(b) Complaints other than those specified in sub-section (a) shall bedisposed of within 30 days of the receipt of the complaint.

(2) If the Central Grievance Redress Officer or State Grievance Redress

Officer, as the case may be, fails to give redress the complaint within theperiod specified under sub-section (1), the Central Grievance RedressOfficer or State Grievance Redress Officer, as the case may be, shall bedeemed to have refused the complaint.

(3) Where afterexamination, the Central Grievance Redress Officer orState Grievance Redress Officer, as the case may be, is of the opinionthat the complaint does not have merit and should be closed, the CentralGrievance Redress Officer or State Grievance Redress Officer, as thecase may be, shall communicate to the person making the complaint,(i) the reasons for such closure;(ii) the period within which an appeal against such closure may bepreferred; and(iii) the particulars of the District Public Grievance Authority.

(4) The Central Grievance Redress Officer or State Grievance RedressOfficer, as the case may be, shall on all communication/correspondence,provide the unique complaint number, particulars of the District PublicGrievance Authority, time limit, process and any other forms.

CHAPTER VIThe District Public Grievance Authority

Appointment and composition9. (1) Every district shall have a District Public Grievance Authority toexercise the powers conferred on, and to perform the functions assignedto it under this Act.

(2) The District Public Grievance Authority shall consist of:-(a) a District Grievance Redress Commissioner(b) such number of Assistant District Grievance Redress Commissioners,not exceeding five, as may be deemed necessary.

(3) The District Grievance Redress Commissioner and Assistant District

Grievance Redress Commissioners, shall be appointed by the UPSC.


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(4) Every District Public Grievance Authority shall hold office for a termof five years from the date on which he enters upon his office or till heattains the age of sixty-five years, whichever is earlier, and shall not beeligible for reappointment as such.

(5) The general superintendence, direction and management of theaffairs of the District Grievance Redress shall vest in the DistrictGrievance Redress Commissioner who shall be assisted by the AssistantDistrict Grievance Redress Commissioners and may exercise all suchpowers and do all such acts and things which may be exercised or doneby the District Public Grievance Authority as provided in this Act.

(6) The District Grievance Redress Commissioner and Assistant DistrictGrievance Redress Commissionersshall not be a Member of Parliament orMember of the Legislature of any State or Union territory, as the casemay be, or hold any other office of profit or connected with any politicalparty or carrying on any business or pursuing any profession.

(7) The headquarters of theDistrict Public Grievance Authority shall belocated in the District headquarter.

(8) The District Public Grievance Authority shall have technical staff, asprescribed in the rules of theAct,to carry out enquires of appeals.

The salary and allowances payable to and the terms and conditions ofservice of the District Public Grievance Authority will be

Removal of District Grievance Redress Commissioner

Powers and functions

10 (1)Any person whose complaint is not disposed within the timespecified in section 8, or is unable to submit a complaint to the CentralGrievance Redress Officer or the State Grievance Redress Officer or thePeoples Support Centre, as the case may be, or is aggrieved by adecision of the Central Grievance Redress Officer or the State GrievanceRedress Officer, as the case may be, may within thirty days from theexpiry of such period or from the receipt of such the decision prefer anappeal to the District Public Grievance Authority.

Provided that such Authority may admit the appeal after the expiry ofthe period of thirty days if he or she is satisfied that the appellant wasprevented by sufficient cause from filing the appeal in time.

(2) An appeal under sub-section (1) shall be disposed of within the timeframe, specified:

(a) Appeals of an urgent and/ immediate nature or where the complaintconcerns the life or liberty of a person, shall be disposed of within 15days of the receipt of the appeal.

(b) Appeals other than those specified in sub-section (a) shall bedisposed of within 30 days of the receipt of the appeal.


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(3) For the purpose of inquiring into appeals, the District PublicGrievance Authority shall ordinarily hold open court hearings in differentparts of the district, close to the location of the complainant, and visitthe site of the complaint, as required.

Provided that penalty hearings may be held at the District office.

(4) The District Public Grievance Authority shall, while inquiring into anymatter under this Act, have the powers as specified in rules prescribedfor the purpose.

(5) In its decision in relation to an appeal, the District Public GrievanceAuthority has the power to

(a) require the public authority to take any such steps as may benecessary to secure compliance with the provisions of this Act, including

(i) by redressing the complaint;(ii) by appointing a Central Grievance Redress Officer or a StateGrievance Redress Officer, as the case may be;(iii) by ensuring timely creation, updation and wide dissemination of thestatement of obligations of the public authority

(b) require the public authority to compensate the complainant for anyloss or other detriment suffered in terms of;(i) any financial loss suffered by the complainant as a result of hisgrievance not being redressed in a time-bound manner. For any otherloss, the District Grievance Redress Authority shall fix the quantum ofcompensation taking into account the monetary value of the loss.(ii)any delay experienced by the complainant in getting the complaintredressed if the Central Grievance Redress Officer or State GrievanceRedress Officer, as the case may be, has not redressed the complaint inthe time specified in the Act, the District Grievance Redress Authorityshall require the public authority to compensate the complainant anamount of Rs. 100 for each day of delay till such time that the complaintis disposed.(iii) cost incurred by complainant in filing and pursuing the appeal.

(c) impose any of the penalties on the Central Grievance Redress Officeror the State Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may be. Where the District Public GrievanceAuthority, at the time of deciding any appeal is of the opinion that theCentral Grievance Redress Officer or the State Grievance Redress Officeror the coordinator of the Peoples Support Centre, as the case may be,has, without any reasonable cause, refused to receive a complaint or hasnot redressed the complaint within the time specified or malafidelyrejected the complaint or destroyed information which was related to thecomplaint or violated any provision of this Act, it shall impose a penaltyof one hundred rupees each day till complaint is received or complaint isadequately redressed in keeping with the provisions of this Act, so

however, the total amount of such penalty shall not exceed twenty-fivethousand rupees.


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Provided that the Central Grievance Redress Officer or the StateGrievance Redress Officer or the coordinator of the Peoples SupportCentre, as the case may be, shall be given a reasonable opportunity ofbeing heard before any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonablyand diligently shall be on the Central Grievance Redress Officer or theState Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may b,.

(d) reject the appeal, reasons for which must be provided to theappellant.

(6) The District Grievance Redress Commission shall give notice of itsdecision, including any right of appeal, to the complainant/appellant andthe public authority.

(7) The District Grievance Redress Authority, shall decide the appeal inaccordance with such procedure as may be prescribed.

(8) The District Grievance Redress Authority will follow principles ofnatural justice and provide right of hearing to all parties involved,especially before imposing a penalty or dismissing a complaint.

(9) In every complaint/appeal, received by the District Grievance RedressAuthority, where it is either alleged by the complainant or theCommission feels that there isprima facie grounds for believing thatthere is aprima facie case of violation of the Prevention of CorruptionAct to the deficiency, the Authority may apart from issuing the necessaryorders relating to the redress of grievance, also refer the matter forfurther enquiry and/or investigation to the appropriate authority.

(10) The District Grievance Redress Authority, if it considers it desirable,could have organised through the proposed directorates of social audits,periodically or when the need arises, social audits by which the systemicfunctioning of specific public authorities/offices could be assessed in aparticipatory and transparent manner. Such social audits should havethe status of a preliminary enquiry on the basis of which the Authoritycould either pass orders or, where it thinks it necessary, hold a more

detailed enquiry. The report of any social audit or monitoringcommittee, set up under any other law, in so far as it reveals a primefacie grievance, either individual or systemic, could be referred to theAuthority which shall treat it as a grievance and dispose it as specified inthis Act.

(11) The functioning of the District Grievance Redress Authority shall betransparent in keeping with the letter and spirit of the RTI Act, 2005.

CHAPTER VII

The State Public Grievance Commission


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Selection and composition

11. (1) Every State Government shall, by notification in the OfficialGazette, constitute a body to be known as the ......... (name of the State)Public Grievance Commission to exercise the powers conferred on, andto perform the functions assigned to, it under this Act.

(2)The State Public Grievance Commissionshall consist of

(a) theState Chief Grievance Redress Commissioner; and

(b) such number of State Grievance Redress Commissioners, notexceeding five, as may be deemed necessary.

(3) The State Chief Grievance Redress Commissioner and State GrievanceRedress Commissioners shall be appointed by the Governor on therecommendation of a committee consisting of

(i) the Chief Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the Legislative Assembly; and(iii) a Cabinet Minister to be nominated by the Chief Minister

Explanation.For the purposes of removal of doubts, it is herebydeclared that where the Leader of Opposition in the Legislative Assemblyhas not been recognised as such, the Leader of the single largest groupin opposition of the Government in the Legislative Assembly shall bedeemed to be the Leader of Opposition.

(4) The selection committee shall select out of a panel of not less thanthree and not more than five eligible candidates for each vacancy. Thispanel of eligible candidates shall be finalised by a search committee setup for the purpose; provided that the selection committee can requirethe search committee to submit up to two additional names for anyvacancy, over and above those initially suggested, if they so deemnecessary.

(5) The search committee shall comprise of five members appointed bythe selection committee.

(6)Members of the search committee would be selected from amongformer:

i. Chief Justices of Indiaii. Judges of the Supreme Court of Indiaiii. Comptroller and Auditor Generals of Indiaiv. Chief Election Commissioners of Indiav. Former or outgoing Chief Grievance Redress

Commissioners of India(after the appointment of the firstChief Grievance Redress Commissioner)

vi. Former or outgoing Chief Lokpals (after the appointmentof the first Chief Lokpal)

vii. Former Grievance Redress Commissioners (forappointment of Grievance Redress Commissioners only)

Provided that not more than two members should belong to any one ofthe categories listed above.


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Provided further that the following persons shall not be eligible forbecoming members of the search committee:

i. Any person who has joined any political party.ii. Any person who is still in the service of the government

in any capacityiii. Any person who took up a government assignment after

retirement, barring those assignments which arereserved for the post from which the person retired.

(7) In addition the search committee will consist of another fivemembers who would be selected by the five members, appointed under(g) above, from among the civil society and could include activists,academics, journalists, professionals, etc.

(8)The search committee shall devise its own procedures to develop a

short list of names that could be considered for recommending to theselection committee.

(9) The search committee shall put up on a website the names andrelevant details of all the candidates being considered. The public wouldbe given sufficient time (not less than a month) to send in their views, ifany, pertinent to the candidature of any one or more of thesecandidates, along with relevant material, if any.

(10) The search committee will compile all the comments so receivedand, wherever it deems necessary, will further investigate the commentsabout, or credentials of, any of the candidates under consideration.

(11) Based on all this material, the search committee will recommend notless than three and not more than five names to the selection committeefor each vacancy.

(12) All the material received or considered by the search committee inorder to reach its final recommendation, as well as the details anddocuments related to its own proceedings, would be available for publicscrutiny once the relevant appointments have been made.

(13) The general superintendence, direction and management of the

affairs of the State Public Grievance Commission shall vest in the StateChief Grievance Redress Commissioner who shall be assisted by theState Grievance Redress Commissioners and may exercise all suchpowers and do all such acts and things which may be exercised or doneby the State Public Grievance Commission autonomously as provided forunder this Act.

(14) The State Chief Grievance Redress Commissioner and StateGrievance Redress Commissioners shall be persons of eminence in publiclife with wide knowledge and experience in law, science and technology,social service, management, journalism, mass media or administrationand governance.


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(15) The State Chief Grievance Redress Commissioner or a StateGrievance Redress Commissioner shall not be a Member of Parliament orMember of the Legislature of any State or Union territory, as the casemay be, or hold any other office of profit or connected with any politicalparty or carrying on any business or pursuing any profession.

(16) The headquarters of the State Public Grievance Commission shall beat such place in the State as the State Government may, by notificationin the Official Gazette, specify and the State Information Commissionmay, with the previous approval of the State Government, establishoffices at other places in the State.

(17) The State Public Grievance Commission Commission shall have videoconferencing links with every district headquarter in the State so thatthe complainant and the respondent can participate in a hearing fromthe nearest district headquarter.

12. (1) The Chief State Grievance Redress Commissioner shall hold officefor a term of five years from the date on which he enters upon his officeand shall not be eligible for reappointment:

Provided that no Chief State Grievance Redress Commissioner shall holdoffice as such after he has attained the age of sixty-five years.

(2) Every State Grievance Redress Commissioner shall hold office for aterm of five years from the date on which he enters upon his office or tillhe attains the age of sixty-five years, whichever is earlier, and shall notbe eligible for reappointment as such State Grievance Redress

Commissioner:

Provided that every State Grievance Redress Commissioner shall, onvacating his office under this sub-section be eligible for appointment asthe Chief State Grievance Redress Commissioner in the manner specifiedin sub-section (3) of section 13:

Provided further that where the State Grievance Redress Commissioneris appointed as the Chief State Grievance Redress Commissioner, histerm of office shall not be more than five years in aggregate as the StateGrievance RedressCommissioner.

(3) The Chief State Grievance Redress Commissioner or a StateGrievance Redress Commissioner shall before he enters upon his officemake and subscribe before the President or some other personappointed by him in that behalf, an oath or affirmation, as specified.

(4) The Chief State Grievance Redress Commissioner or a StateGrievance Redress Commissioner may, at any time, by writing under hishand addressed to the President, resign from his office:

Provided that the Chief State Grievance Redress Commissioner or a StateGrievance Redress Commissioner may be removed in the manner

specified under as specified.


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(5) The salaries and allowances payable to and other terms andconditions of service of

(a) theChiefState Grievance Redress Commissioner shall be the same asthat of an Election Commissioner;

(b) a State Grievance Redress Commissioner shall be the same as thatCommissioner shall be the same as that Commissioner shall be the sameas that of a Chief Secretary to the State government.

Provided that if the State Chief Grievance Redress Commissioner or aState Grievance Redress Commissioner, at the time of his appointmentis, in receipt of a pension, other than a disability or wound pension, inrespect of any previous service under the Government of India or underthe Government of a State, his salary in respect of the service as theState Chief Grievance Redress Commissioner or a State GrievanceRedress Commissioner shall be reduced by the amount of that pension

including any portion of pension which was commuted and pensionequivalent of other forms of retirement benefits excluding pensionequivalent of retirement gratuity:

Provided further that if the State Chief Grievance Redress Commissioneror a State Grievance Redress Commissioner if, at the time of hisappointment is, in receipt of retirement benefits in respect of anyprevious service rendered in a Corporation established by or under anyCentral Act or State Act or a Government company owned or controlledby the Central Government or the State Government, his salary inrespect of the service as the Chief Grievance Redress Commissioner oran Grievance Redress Commissioner shall be reduced by the amount ofpension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions ofservice of the State Chief Grievance Redress Commissioner and the StateGrievance Redress Commissioners shall not be varied to theirdisadvantage after their appointment.

(6) The State Government shall provide the State Chief GrievanceRedress Commissioner and the State Grievance Redress Commissioner swith such officers and employees as may be necessary for the efficientperformance of their functions under this Act, and the salaries and

allowances payable to and the terms and conditions of service of theofficers and other employees appointed for the purpose of this Act shallbe such as may be prescribed.

13. (1) Subject to the provisions of sub-section (3), the State ChiefGrievance Redress Commissioner or State Grievance RedressCommissioner shall be removed from his office only by order of theGovernor on the ground of proved misbehaviour or incapacity after theSupreme Court, on a reference made to it by the Governor, has, oninquiry, reported that the State Chief Grievance Redress Commissioneror any StateGrievance Redress Commissioner , as the case may be,ought on such ground be removed.


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(2) The Governor may suspend from office, and if deemed necessaryprohibit also from attending the office during inquiry, the ChiefStateGrievance Redress Commissioner orStateGrievance RedressCommissioner in respect of whom a reference has been made to theSupreme Court under sub-section (1) until the President has passedorders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Governormay by order remove from office the Chief StateGrievance RedressCommissioner or any StateGrievance Redress Commissioner if the ChiefStateGrievance Redress Commissioner or a StateGrievance RedressCommissioner , as the case may be,

(a) is adjudged an insolvent; or(b) has been convicted of an offence which, in the opinion of thePresident, involves moral turpitude; or(c) engages during his term of office in any paid employment outside the

duties of his office; or(d) is, in the opinion of the Governor, unfit to continue in office byreason of infirmity of mind or body; or(e) has acquired such financial or other interest as is likely to affectprejudicially his functions as the Chief StateGrievance RedressCommissioner or a StateGrievance Redress Commissioner.

(4) If the Chief StateGrievance Redress Commissioner or aStateGrievance Redress Commissioner in any way, concerned orinterested in any contract or agreement made by or on behalf of theGovernment of India or participates in any way in the profit thereof or inany benefit or emolument arising therefrom otherwise than as a memberand in common with the other members of an incorporated company, heshall, for the purposes of sub-section (1), be deemed to be guilty ofmisbehaviour.

Powers and functions

14. (1) Any person who, does not receive a decision within the timespecified in Chapter VI , or is aggrieved by a decision of the DistrictGrievance Redress Authority, may within thirty days from the expiry ofsuch period or from the receipt of such a decision prefer an appeal to theState Public Grievance Commission.

Provided that such Commission may admit the appeal after the expiry ofthe period of thirty days if he or she is satisfied that the appellant wasprevented by sufficient cause from filing the appeal in time.

(2) In any appeal proceedings, the onus to prove that a denial of arequest was justified shall be on the Central Grievance Redress Officerwho denied the request.



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(a) Appeals of an urgent and/ immediate nature or where the complaintconcerns the life or liberty of a person, shall be disposed of within 30days of the receipt of the appeal.


(4) Subject to the provisions of this Act, it shall be the duty of the StatePublic Grievance Commission, as the case may be, to receive and inquireinto a complaint from any person,

(a) who has been unable to submit a an appeal to the District PublicGrievance Authority;

(b) who has been refused redress of grievance under this Act;

(c) whose complaint has not been disposed within the time limit

specified;

(d) who has been denied access to the statement of obligations of thepublic authority either because the statement was not created by thePublic Authority or is inadequate in any regard or it is not widelydisseminated to make people aware of it.

(e) in respect of any other matter relating to registering and redressingof a complaint or appeal under this Act.

(4) Where the State Public Grievance Commission, is satisfied that thereare reasonable grounds to inquire into the matter, it may initiate aninquiry in respect thereof.

(5) The State Public Grievance Commission, shall, while inquiring intoany matter under this Act, have the same powers as are vested in a civilcourt while trying a suit under the Code of Civil Procedure, 1908, inrespect of the following matters, namely:

(a) summoning and enforcing the attendance of persons and compelthem to give oral or written evidence on oath and to produce thedocuments or things;(b) requiring the discovery and inspection of documents;

(c) receiving evidence on affidavit;(d) requisitioning any public record or copies thereof from any court oroffice;(e) issuing summons for examination of witnesses or documents; and(f) any other matter which may be prescribed.

(6) Notwithstanding anything inconsistent contained in any other Act ofParliament or State Legislature, as the case may be, the State PublicGrievance Commission, may, during the inquiry of any complaint underthis Act, examine any record to which this Act applies which is under thecontrol of the public authority, and no such record may be withheld from

it on any grounds.


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(7) In its decision in relation to an appeal or a complaint, as the casemay be, the State Public Grievance Commission, has the power to


(i) by redressing the complaint;(ii) by appointing a Central Grievance Redress Officer or State GrievanceRedress Officer, as the case may be;(iii) by ensuring timely creation, updation and wide dissemination of thestatement of obligations of the public authority(iv) by making necessary changes to its structure, and mechanisms fortraining and sensitization of officials, to better handle the grievances ofcitizens or any other related matter.(v) by recommending any such changes in its policy/guideline/order etc.as it deems fit, if in the opinion of the Commission, citizens grievances

are emanating from such policy/guideline/order etc.(vi) by providing it with an annual report in compliance with this Act;

(b) require the public authority to compensate the complainant for anyloss or other detriment suffered in terms of;(i) any financial loss suffered by the complainant as a result of hisgrievance not being redressed in a time-bound manner. For any otherloss, the State Public Grievance Commission shall fix the quantum ofcompensation taking into account the monetary value of the loss.(ii)any delay experienced by the complainant in getting the complaintredressed if the Central Grievance Redress Officer or State GrievanceRedress Officer, as the case may be, has not redressed the complaint inthe time specified in the Act, the District Grievance Redress Authorityshall require the public authority to compensate the complainant anamount of Rs. 100 for each day of delay till such time that the complaintis disposed.(iii) cost incurred by complainant in filing and pursuing the appeal.

(c) impose any of the penalties on the Central Grievance Redress Officeror the State Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may be. Where the District Public GrievanceAuthority, at the time of deciding any appeal is of the opinion that theCentral Grievance Redress Officer or the State Grievance Redress Officer

or the coordinator of the Peoples Support Centre, as the case may be,has, without any reasonable cause, refused to receive a complaint or hasnot redressed the complaint within the time specified or malafidelyrejected the complaint or destroyed information which was related to thecomplaint or violated any provision of this Act, it shall impose a penaltyof one hundred rupees each day till complaint is received or complaint isadequately redressed in keeping with the provisions of this Act, sohowever, the total amount of such penalty shall not exceed twenty-fivethousand rupees.

Provided that the Central Grievance Redress Officer or the StateGrievance Redress Officer or the coordinator of the Peoples Support

Centre, as the case may be, shall be given a reasonable opportunity ofbeing heard before any penalty is imposed on him:


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Provided further that the burden of proving that he acted reasonablyand diligently shall be on the Central Grievance Redress Officer or theState Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may b,.

(d) reject the appeal.

(8) Where the State Public Grievance Commission, as the case may be, atthe time of deciding any complaint or appeal is of the opinion that theCentral Grievance Redress Officer or the State Grievance Redress Officeror the coordinator of the Peoples Support Centre, as the case may be,has, without any reasonable cause and persistently, refused to receive acomplaint or has not redressed the complaint within the time specifiedor malafidely rejected the complaint or destroyed information which wasrelated to the complaint or violated any provision of this Act, it shallrecommend for disciplinary action against the Central Grievance Redress

Officer under the service rules applicable to him.

(9) The State Public Grievance Commission, as the case may be, shallgive notice of its decision, including any right of appeal, to thecomplainant/appellant and the public authority.

(10) The State Public Grievance Commission, as the case may be, shalldecide the appeal in accordance with such procedure as may beprescribed.

(11) The Commission will follow principles of natural justice and provideright of hearing to all parties involved, especially before imposing apenalty or dismissing a complaint.

(12) In every complaint/appeal, received by the State Public GrievanceCommission, where it is either alleged by the complainant or theCommission feels that there isprima facie grounds for believing thatthere is aprima facie case of violation of the Prevention of CorruptionAct to the deficiency, the Commission may apart from issuing thenecessary orders relating to the redress of grievance, also refer thematter for further enquiry and/or investigation to the appropriateauthority.

(13) The State Public Grievance Commission will follow principles ofnatural justice and provide right of hearing to all parties involved,especially before imposing a penalty or dismissing a complaint.

(13) The functioning of the commission shall be transparent in keepingwith the letter and spirit of the RTI Act, 2005.

CHAPTER VIII

The Central Public Grievance Commission


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Selection and Composition

15. (1) The Central Government shall, by notification in the OfficialGazette, constitute a body known as the Central Public GrievanceCommissionto exercise the powers conferred on, and to perform thefunctions assigned to it under this Act.

(2) The Central Public Grievance Commissionshall consist of(a) the Chief Grievance Redress Commissioner; and(b) such number of Central Grievance Redress Commissioners, notexceeding ten, as may be deemed necessary.

(3) The Chief Grievance Redress Commissioner and Central GrievanceRedress Commissioners shall be appointed by the President on therecommendation of a committee consisting of(i) the Prime Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the LokSabha; and(iii) a Union Cabinet Minister to be nominated by the Prime Minister.Explanation.For the purposes of removal of doubts, it is herebydeclared that wherethe Leader of Opposition in the House of the Peoplehas not been recognised as such, the Leader of the single largest groupin opposition of the Government in the House of the People shall bedeemed to be the Leader of Opposition.(4) The selection committee shall select out of a panel of not less thanthree and not more than five eligible candidates for each vacancy. Thispanel of eligible candidates shall be finalised by a search committee setup for the purpose; provided that the selection committee can requirethe search committee to submit up to two additional names for anyvacancy, over and above those initially suggested, if they so deemnecessary.

(5) The search committee shall comprise of five members appointed bythe selection committee.

(6)Members of the search committee would be selected from amongformer:

i. Chief Justices of Indiaii. Judges of the Supreme Court of India

iii. Comptroller and Auditor Generals of Indiaiv. Chief Election Commissioners of Indiav. Former or outgoing Chief Grievance Redress

Commissioners of India ((after the appointment of thefirst Chief Grievance Redress Commissioner)

vi. Former or outgoing Chief Lokpals (after the appointmentof the first Chief Lokpal)

vii. Former Grievance Redress Commissioners (forappointment of Grievance Redress Commissioners only)

Provided that not more than two members should belong to any one ofthe categories listed above.


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Provided further that the following persons shall not be eligible forbecoming members of the search committee:

i. Any person who has joined any political party.ii. Any person who is still in the service of the government

in any capacityiii. Any person who took up a government assignment after

retirement, barring those assignments which arereserved for the post from which the person retired.

(7) In addition the search committee will consist of another fivemembers who would be selected by the five members, appointed under(g) above, from among the civil society and could include activists,academics, journalists, professionals, etc.

(8)The search committee shall devise its own procedures to develop ashort list of names that could be considered for recommending to the

selection committee.

(9) The search committee shall put up on a website the names andrelevant details of all the candidates being considered. The public wouldbe given sufficient time (not less than a month) to send in their views, ifany, pertinent to the candidature of any one or more of thesecandidates, along with relevant material, if any.

(10) The search committee will compile all the comments so receivedand, wherever it deems necessary, will further investigate the commentsabout, or credentials of, any of the candidates under consideration.

(11) Based on all this material, the search committee will recommend notless than three and not more than five names to the selection committeefor each vacancy.

(12) All the material received or considered by the search committee inorder to reach its final recommendation, as well as the details anddocuments related to its own proceedings, would be available for publicscrutiny once the relevant appointments have been made.

(13) The general superintendence, direction and management of theaffairs of the Central Public Grievance Commission shall vest in the Chief

Grievance Redress Commissioner who shall be assisted by the CentralGrievance Redress Commissioners and may exercise all such powers anddo all such acts and things which may be exercised or done by theCentral Public Grievance Commission autonomously without beingsubjected to directions by any other authority under this Act.

(14) The Chief Grievance Redress Commissioner and Grievance RedressCommissioners shall be persons of eminence in public life with wideknowledge and experience in law, science and technology, social service,management, journalism, mass media oradministration and governance.

(15) The Chief Grievance Redress Commissioner or an Grievance Redress

Commissioner shall not be a Member of Parliament or Member of theLegislature of any State or Union territory, as the case may be, or hold


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any other office of profit or connected with any political party or carryingon any business or pursuing any profession.

(16) The headquarters of the Central Public Grievance Commission shallbe at Delhi and the Central Public Grievance Commission may, establishoffices at other places in India.

(17) The Commission shall have video conferencing links with everydistrict headquarter in the country so that the complainant and/or arespondent can participate in a hearing from the nearest districtheadquarter.

16. (1) The Chief Grievance Redress Commissioner shall hold office for aterm of five years from the date on which he enters upon his office andshall not be eligible for reappointment:

Provided that no Chief Grievance Redress Commissioner shall hold officeas such after he has attained the age of sixty-five years.

(2) Every Grievance Redress Commissioner shall hold office for a term offive years from the date on which he enters upon his office or till heattains the age of sixty-five years, whichever is earlier, and shall not beeligible for reappointment as such Grievance Redress Commissioner:

Provided that every Grievance Redress Commissioner shall, on vacatinghis office under this sub-section be eligible for appointment as the ChiefGrievance Redress Commissioner in the manner specified in sub-section(3) of section 12:

Provided further that where the Grievance Redress Commissioner isappointed as the Chief Grievance Redress Commissioner, his term ofoffice shall not be more than five years in aggregate as the GrievanceRedressCommissioner.

(3) Every District Public Grievance Authority shall hold office for a termof five years from the date on which he enters upon his office or till heattains the age of sixty-five years, whichever is earlier, and shall not beeligible for reappointment as such.

(4) The Chief Grievance Redress Commissioner or an Grievance RedressCommissioner shall before he enters upon his office make and subscribebefore the President or some other person appointed by him in thatbehalf, an oath or affirmation, as specified.

(5) The Chief Grievance Redress Commissioner or a Grievance RedressCommissioner may, at any time, by writing under his hand addressed tothe President, resign from his office:

Provided that the Chief Grievance Redress Commissioner or an GrievanceRedress Commissioner may be removed in the manner specified undersection 10 (1).


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(6) The salaries and allowances payable to and other terms andconditions of service of

(a) the Chief Grievance Redress Commissioner shall be the same as thatof the Chief Election Commissioner;

(b) an Grievance Redress Commissioner shall be the same as thatCommissioner shall be the same as that Commissioner shall be the sameas that of an Election Commissioner:

Provided that if the Chief Grievance Redress Commissioner or anGrievance Redress Commissioner, at the time of his appointment is, inreceipt of a pension, other than a disability or wound pension, in respectof any previous service under the Government of India or under theGovernment of a State, his salary in respect of the service as the ChiefGrievance Redress Commissioner or an Grievance Redress Commissionershall be reduced by the amount of that pension including any portion of

pension which was commuted and pensionequivalent of other forms ofretirement benefits excluding pension equivalent of retirement gratuity:

Provided further that if the Chief Grievance Redress Commissioner or anGrievance Redress Commissioner if, at the time of his appointment is, inreceipt of retirement benefits in respect of any previous servicerendered in a Corporation established by or under any Central Act orState Act or a Government company owned or controlled by the CentralGovernment or the State Government, his salary in respect of the serviceas the Chief Grievance Redress Commissioner or an Grievance RedressCommissioner shall be reduced by the amount of pension equivalent tothe retirement benefits:

Provided also that the salaries, allowances and other conditions ofservice of the Chief Grievance Redress Commissioner and the GrievanceRedress Commissioners shall not be varied to their disadvantage aftertheir appointment.

(7) The Central Government shall provide the Chief Grievance RedressCommissioner and the Grievance Redress Commissioner s with suchofficers and employees as may be necessary for the efficientperformance of their functions under this Act, and the salaries andallowances payable to and the terms and conditions of service of the

officers and other employees appointed for the purpose of this Act shallbe such as may be prescribed.

17. (1) Subject to the provisions of sub-section (3), the Chief GrievanceRedress Commissioner or Grievance Redress Commissioner shall beremoved from his office only by order of the President onthe ground ofproved misbehaviour or incapacity after the Supreme Court, on areference made to it by the President, has, on inquiry, reported that theChief Grievance Redress Commissioner or any Central Grievance RedressCommissioner , as the case may be, ought on such ground be removed.

(2) The President may suspend from office, and if deemed necessaryprohibit also from attending the office during inquiry, the Chief


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Grievance Redress Commissioner orCentral Grievance RedressCommissioner in respect of whom a reference has been made to theSupreme Court under sub-section (1) until the President has passedorders on receipt of the report of the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Presidentmay by order remove from office the Chief Grievance RedressCommissioner or any Central Grievance Redress Commissioner if theChief Grievance Redress Commissioner or a Grievance RedressCommissioner , as the case may be,

(a) is adjudged an insolvent; or(b) has been convicted of an offence which, in the opinion of thePresident, involves moral turpitude; or(c) engages during his term of office in any paid employment outside theduties of his office; or(d) is, in the opinion of the President, unfit to continue in office by

reason of infirmity of mind or body; or(e) has acquired such financial or other interest as is likely to affectprejudicially his functions as the Chief Grievance Redress Commissioneror a Grievance Redress Commissioner.

(4) If the Chief Grievance Redress Commissioner or a CentralGrievanceRedress Commissioner in any way, concerned or interested in anycontract or agreement made by or on behalf of the Government of Indiaor participates in any way in the profit thereof or in any benefit oremolument arising therefrom otherwise than as a member and incommon with the other members of an incorporated company, he shall,for the purposes of sub-section (1), be deemed to be guilty ofmisbehaviour.

Powers and Functions

18.(1) Any person who, does not receive a decision within the timespecified in Chapter VII , or is aggrieved by a decision of the State PublicGrievance Commission, may within thirty days from the expiry of suchperiod or from the receipt of such a decision prefer an appeal to theCentral Public Grievance Commission.

Provided that such Commission may admit the appeal after the expiry ofthe period of thirty days if he or she is satisfied that the appellant wasprevented by sufficient cause from filing the appeal in time.

(2) In any appeal proceedings, the onus to prove that a denial of arequest was justified shall be on the Central Grievance Redress Officerwho denied the request.


(a) Appeals of an urgent and/ immediate nature or where the complaint

concerns the life or liberty of a person, shall be disposed of within 30days of the receipt of the appeal.


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(4) Subject to the provisions of this Act, it shall be the duty of theCentral Public Grievance Commission, as the case may be, to receive andinquire into a complaint from any person,

(a) who has been unable to submit a an appeal to theState PublicGrievance Commission.;

(b) who has been refused redress of grievance under this Act;

(c) whose complaint has not been disposed within the time limitspecified;

(d) who has been denied access to the statement of obligations of the

public authority either because the statement was not created by thePublic Authority or is inadequate in any regard or it is not widelydisseminated to make people aware of it.

(e) in respect of any other matter relating to registering and redressingof a complaint or appeal under this Act.

(4) Where the Central Public Grievance Commission, is satisfied thatthere are reasonable grounds to inquire into the matter, it may initiatean inquiry in respect thereof.

(5) The Central Public Grievance Commission, shall, while inquiring intoany matter under this Act, have the same powers as are vested in a civilcourt while trying a suit under the Code of Civil Procedure, 1908, inrespect of the following matters, namely:

(a) summoning and enforcing the attendance of persons and compelthem to give oral or written evidence on oath and to produce thedocuments or things;(b) requiring the discovery and inspection of documents;(c) receiving evidence on affidavit;(d) requisitioning any public record or copies thereof from any court oroffice;

(e) issuing summons for examination of witnesses or documents; and(f) any other matter which may be prescribed.

(6) Notwithstanding anything inconsistent contained in any other Act ofParliament or State Legislature, as the case may be, the Central PublicGrievance Commission, may, during the inquiry of any complaint underthis Act, examine any record to which this Act applies which is under thecontrol of the public authority, and no such record may be withheld fromit on any grounds.

(7) In its decision in relation to an appeal or a complaint, as the case

may be, the Central Public Grievance Commission, has the power to


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(i) by redressing the complaint;(ii) by appointing a Central Grievance Redress Officer or State GrievanceRedress Officer, as the case may be;(iii) by ensuring timely creation, updation and wide dissemination of thestatement of obligations of the public authority(iv) by making necessary changes to its structure, and mechanisms fortraining and sensitization of officials, to better handle the grievances ofcitizens or any other related matter.(v) by recommending any such changes in its policy/guideline/order etc.as it deems fit, if in the opinion of the Commission, citizens grievancesare emanating from such policy/guideline/order etc.(vi) by providing it with an annual report in compliance with this Act;

(b) require the public authority to compensate the complainant for anyloss or other detriment suffered in terms of;(i) any financial loss suffered by the complainant as a result of hisgrievance not being redressed in a time-bound manner. For any otherloss, the Central Public Grievance Commission shall fix the quantum ofcompensation taking into account the monetary value of the loss.(ii)any delay experienced by the complainant in getting the complaintredressed if the Central Grievance Redress Officer or State GrievanceRedress Officer, as the case may be, has not redressed the complaint inthe time specified in the Act, the District Grievance Redress Authorityshall require the public authority to compensate the complainant anamount of Rs. 100 for each day of delay till such time that the complaintis disposed.(iii) cost incurred by complainant in filing and pursuing the appeal.

(c) impose any of the penalties on the Central Grievance Redress Officeror the State Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may be. Where the District Public GrievanceAuthority, at the time of deciding any appeal is of the opinion that theCentral Grievance Redress Officer or the State Grievance Redress Officeror the coordinator of the Peoples Support Centre, as the case may be,has, without any reasonable cause, refused to receive a complaint or hasnot redressed the complaint within the time specified or malafidely

rejected the complaint or destroyed information which was related to thecomplaint or violated any provision of this Act, it shall impose a penaltyof one hundred rupees each day till complaint is received or complaint isadequately redressed in keeping with the provisions of this Act, sohowever, the total amount of such penalty shall not exceed twenty-fivethousand rupees.

Provided that the Central Grievance Redress Officer or the StateGrievance Redress Officer or the coordinator of the Peoples SupportCentre, as the case may be, shall be given a reasonable opportunity ofbeing heard before any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonablyand diligently shall be on the Central Grievance Redress Officer or the


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State Grievance Redress Officer or the coordinator of the PeoplesSupport Centre, as the case may b,.

(d) reject the appeal.

(8) Where the Central Public Grievance Commission, as the case may be,at the time of deciding any complaint or appeal is of the opinion that theCentral Grievance Redress Officer or the State Grievance Redress Officeror the coordinator of the Peoples Support Centre, as the case may be,has, without any reasonable cause and persistently, refused to receive acomplaint or has not redressed the complaint within the time specifiedor malafidely rejected the complaint or destroyed information which wasrelated to the complaint or violated any provision of this Act, it shallrecommend for disciplinary action against the Central Grievance RedressOfficer under the service rules applicable to him.

(9) The Central Public Grievance Commission, as the case may be, shallgive notice of its decision, to the complainant/appellant and the publicauthority.

(10) The Central Public Grievance Commission, as the case may be, shalldecide the appeal in accordance with such procedure as may beprescribed.

(11) The Commission will follow principles of natural justice and provideright of hearing to all parties involved, especially before imposing apenalty or dismissing a complaint.

(12) In every complaint/appeal, received by the Central Public GrievanceCommission, where it is either alleged by the complainant or theCommission feels that there isprima facie grounds for believing thatthere is aprima facie case of violation of the Prevention of CorruptionAct to the deficiency, the Commission may apart from issuing thenecessary orders relating to the redress of grievance, also refer thematter for further enquiry and/or investigation to the appropriateauthority.

(13) The Central Public Grievance Commission will follow principles ofnatural justice and provide right of hearing to all parties involved,

especially before imposing a penalty or dismissing a complaint.

(13) The functioning of the commission shall be transparent in keepingwith the letter and spirit of the RTI Act, 2005.

Chapter IXMiscellaneous

19. No suit, prosecution or other legal proceeding shall lie against anyperson for anything which is in good faith done or intended to be doneunder this Act or any rule made thereunder.


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20. The provisions of this Act shall have effect notwithstanding anythinginconsistent therewith contained in the Time-bound services Acts ofDelhi, Madhya Pradesh and Bihar, and any other law for the time beingin force or in any instrument having effect by virtue of any law otherthan this Act.

21. (1) The Central Public Grievance Commission, State Public GrievanceCommissionand the District Grievance Redress Authorities, as the casemaybe, shall, within 11 months after the end of each year, prepare areport on the implementation of the provisions of this Act during thatyear and forward a copy thereof to the appropriate Government.

(2) Each Ministry or Department shall, in relation to the publicauthorities within their jurisdiction, collect and provide such informationto the Central Public Grievance Commission or State Public GrievanceCommission as is required to prepare the report under this section andcomply with the requirements concerning the furnishing of that

information and keeping of records for the purposes of this section.

(3) Each report shall state in respect of the year to which the reportrelates,

(a) the number of complaints made to each public authority;(b) the number of decisions where complaints were refused after enquiryand the reasons thereof(c) the number of appeals referred to the Central Public GrievanceCommission, State Public Grievance Commission and the DistrictGrievance Redress Authorities, as the case may be, for review, thenature of the appeals and the outcome of the appeals;(d) particulars of any disciplinary action taken against any officer inrespect of the administration of this Act;(e ) the number of officials against whom penalty has been levied andthe quantum of penalty(f) the number of officials required to compensate the complainant andthe quantum of compensation(g) the amount of penalty and compensation which is outstanding(h) the latest version of the statement of obligations of the publicauthority as specified in section 4;(i) any facts which indicate an effort by the public authorities toadminister and implement the spirit and intention of this Act;

(j) recommendations for reform, including recommendations in respectof the particular public authorities, for the development, improvement,modernisation, reform or amendment to this Act or other legislation orcommon law or any other matter relevant foroperationalising the right ofcitizens to time bound delivery of services and redress of grievances.

(4) The Central Governmentor the State Government, as the case maybe, may, as soon as practicable after the end of each year, cause a copyof the report of the Central Public Grievance Commission or the StatePublic Grievance Commission, referred to in sub-section (1) to be laidbefore each House of Parliament or, as the case may be, before eachHouse of the State Legislature, where there are two Houses, and where

there is one House of the State Legislature before that House.


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(5) If it appears to the Central Public Grievance Commission or the StatePublic Grievance Commission, as the case may be, that the practice of apublic authority in relation to the exercise of its functions under this Actdoes not conform with the provisions or spirit of this Act, it may give tothe authority a recommendation specifying the steps which ought in itsopinion to be taken for promoting such conformity.

22. (1) The appropriate Government may, to the extent of availability offinancial and other resources,

(a) develop and organise educational programmes to advance theunderstanding of the public, in particular of disadvantaged communitiesas to how to exercise the rights contemplated under this Act;

(b) encourage public authorities to participate in the development andorganisation of programmes referred to in clause (a) and to undertakesuch programmes themselves;

(c) promote timely and effective dissemination of accurate informationby public authorities about their activities; and

(d) trainPeoples Support Centre and Central Grievance Redress Officersor State Grievance Redress Officers, as the case may be, of publicauthorities and produce relevant training materials for use by the publicauthorities themselves.

(2) The appropriate Government shall, within eighteen months from thecommencement of this Act, compile in its official language a guidecontaining such information, in an easily comprehensible form andmanner, as may reasonably be required by a person who wishes toexercise any right specified in this Act.

(3) The appropriate Government shall, if necessary, update and publishthe guidelines referred to in sub-section (2) at regular intervals whichshall, in particular and without prejudice to the generality of sub-section(2), include

(a) the objects of this Act;(b) the postal and street address, the phone and fax number and, ifavailable, electronic mail address of the Central Grievance Redress

Officers or State Grievance Redress Officers, as the case may be, ofevery public authority and of the Facilitation Centre(c) the manner and the form in which a complaint / appeal shall be madeunder the Act;(d) the assistance available from and the duties of the Central GrievanceRedress Officers or State Grievance Redress Officers, as the case maybe, of every public authority and of the Facilitation Centreunder thisAct;(e) the assistance available from the Central Public GrievanceCommission, the State Public Grievance Commission or the DistrictPublic Grievance Authority, as the case may be;(f) all remedies in law available regarding an act or failure to act in

respect of a right or duty conferred or imposed by this Act including themanner of filing an appeal to the Commission;


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(g) the provisions providing for the voluntary disclosure of categories ofrecords in accordance with section 4;(h) the notices regarding fees to be paid in relation to requests foraccess to an information; and(i) any additional regulations or circulars made or issued in relation toproviding time bound services to citizens and redressing grievances inaccordance with this Act.

(4) The appropriate Government must, if necessary, update and publishthe guidelines atregular intervals.

23. (1) The appropriate Government may, by notification in the OfficialGazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoingpower, such rules may provide for all or any of the following matters,

namely:(a) the salaries and allowances payable to and the terms and conditionsof service of the officers and other employees under sub-section (7) ofsection 9.(b) the procedure to be adopted by the Central Public GrievanceCommission, the State Public Grievance Commission or the DistrictPublic Grievance Authority, as the case may be, in deciding the appealsthis Act; and(c) any other matter which is required to be, or may be, prescribed.

24. (1) The competent authority may, by notification in the OfficialGazette, make rules to carry out the provisions of this Act.

25. (1) Every rule made by the Central Government under this Act shallbe laid, as soon as may be after it is made, before each House ofParliament, while it is in session, for a total period of thirty days whichmay be comprised in one session or in two or more successive sessions,and if, before the expiry of the session immediately following the sessionor the successive sessions aforesaid, both Houses agree in making anymodification in the rule or both Houses agree that the rule should not bemade, the rule shall thereafter have effect only in such modified form orbe of no effect, as the case may be; so, however, that any suchmodification or annulment shall be without prejudice to the validity of

anything previously done under that rule.(2) Every rule made under this Act by a State Government shall be laid,as soon as may be after it is notified, before the State Legislature.

26. (1) If any difficulty arises in giving effect to the provisions of thisAct, the Central Government may, by order published in the OfficialGazette, make such provisions not inconsistent with the provisions ofthis Act as appear to it to be necessary or expedient for removal of thedifficulty:

Provided that no such order shall be made after the expiry of a period oftwo years from the date of the commencement of this Act.


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(2) Every order made under this section shall, as soon as may be after itis made, be laid before each House of Parliament.

draft public grievance redressal bill

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