Maharashtra Right to public services Act, 2015

Gazette Reference: Maharashtra Act No. XXXI of 2015, dated 21st August 2015

Type: Enactment – Maharashtra Right to Public Services Act, 2015

Authority: Following Maharashtra Right to Public Services Ordinance, 2015 (Mah. Ord. V of 2015), this legislation was enacted by the State Legislature and received Governor's assent.

What Changed:

This gazette creates a comprehensive statutory framework for citizens' right to timely public services. It:

1. Establishes a legal right for every eligible person to obtain notified public services from State Government Departments, local authorities, and public bodies within stipulated time limits.

2. Requires Public Authorities to notify:

   • List of public services rendered
   • Designated Officers responsible for service delivery
   • Stipulated time limits for each service
   • Fees and application forms
   • First and Second Appellate Authorities

   (All to be displayed on notice boards and websites.)

3. Mandatory service delivery timelines: Public Authorities must deliver services within notified time limits; failure triggers an appeals process and potential penalties on erring officials.

4. Two-tier appeal mechanism:

   • First Appeal: To an officer of Group B rank or above, must be decided within 30 days.
   • Second Appeal: To a superior officer, decided within 45 days.

5. Penalties for delays:

   • ₹500–₹5,000 fines on Designated Officers/First Appellate Authorities for undue delays without reasonable cause (recoverable from salary).
   • Repeat offenders face disciplinary proceedings by Competent Authority.

6. Creates "Maharashtra State Commission for Right to Service":

   • State Chief Commissioner (Mumbai City & Suburban)
   • State Commissioners (one per Revenue Division)
   • Powers include inquiries, penalty imposition on officials, and annual reporting.
   • Deemed to have Civil Court powers under CPC, 1908 for evidence/summons.

7. Information Technology mandate: Government encouraged to use IT/online systems for service delivery and application tracking (unique application numbers).

Key Details:

• Effective Date: 28th April 2015 (retrospective commencement).
• Applicability: All Public Authorities providing services under law, rules, or notifications — including Government Departments, Municipal Corporations, Panchayats, Development Authorities, co-operatives, and NGOs receiving State funds.
• Service denial protections: Citizens cannot be denied services due to false information or procedural errors; erring officials face action.
• Transparency requirements: Annual performance reports to State Legislature, public awareness campaigns mandated.
• No exemption for government officials: Officials cannot invoke official privilege to avoid penalty/inquiry under this Act.

Practical Effect:

This Act is not a fee gazette but a service accountability framework. It places legal obligations on all government and public entities to:

• Declare service timelines publicly
• Deliver services within those timelines
• Face financial/disciplinary consequences for delays
• Provide redressal through appeals to designated officers and ultimately a State Commission.

Superseded document: Maharashtra Right to Public Services Ordinance, 2015 (now replaced by this Act).