The Haryana Right to Service Commission (Management) Regulations, 2015

-t- o The Haryana Right to Service Commission (Management) Regulations, 2015. In exercise ofthe powers conferred by section l7(4) ofthe Haryana Right to Service Act 20l4 (Haryana Act No.4 of20l4) and all other enabling provisions in this behalf, Haryana Right to Service Commission hereby makes the following Regulations for management ofthe affairs ofthe Haryana Right to Service Commission so as to enable it to firnction effectively i l Short Title and Commencement (D These Regulations may be called " The Haryana Right to Service Commission (!.lanagement) (iD They shall come into force with effect from 20-10-2015. a. Applications/Revisions which have already been filed before the date ofcommencement of these Regulations and have been found in order and are already registered before this date will be proceeded with as before and shall not abate for any infirmity therein but these Regulations will be applicable for any prospective action even in regard to such pending Applicalions /ReYisions. ln these Regulations unless the context otherwise requires:- a) "Act" means the Haryana Right to Service Act, 2014 b) "Chief Commissioner" means t}le State Chief Commissioner appointed under the Act c) "Commissioner" means Commissioner appointed under the Act. d) "Secretary" means the Administrative Secretary ofthe Commission appointed by the State Govt. e) "Decision" includes an order, direction or determination ofan issue. f.1 "Single Bench" means a Bench constituted by the Chief Commissioner comprising one a -a- Commissioner to hear Revisions. g) "Division Bench" means a Bench constituted by the Chief Commissioner comprising two Commissioners sitting together to hear Revisions. h) "Full Bench" means a Bench constituted by the Chief Commissioner comprising more than two Commissioners sitting together to hear Revisions. i) "Record" mean the aggregate ofpapers relating to Revisions j) "Regisry" means a Branch ofthe Commission dealing with Revisions. k) "Regulation" means Regulation framed herein. l) "Representative" means a person duly authorized by or on behalf of any ofthe parties to the proceedings. m) "Respondent" includes an intervener or a third party or a party impleaded by the Commission. n) "Rules" mean the Rules framed by the State Government under Section 2l ( I ) ofthe Act. o) "Public Information Officer" means the Officer nominated by the Commission to work as Public Information Officer r.rnder the Right to lnformation Act, 2005. p) "Assistant Public Information Officer" means the OIIioer nominated by the Commission to work as Assistant Public lnformation Officer under the Right to lnformation Act, 2005. q) "Appellate Authority" means the officer nominated by the Commission to hear appeals against the orders ofPublic Information Ollicer ofthe Commission. r) Words and expressions used herein but not defined shall have the same meaning as defined in the Act. CHAPTER-II 3. Meetings of the Commission :- a t. The Commission shall meet to consider and decide the matters related to the transactions of business ofthe Commission ordinarily once in 2 months at such date, time and place as may be fixed by the Chief Commissioner from time to time. III. All matters at a meeting ofthe Commission shall be decided by a majority ofthe votes ofthe Commissioners present. IV. Two Commissioners shall form quorum at a meeting ofthe commission. Ifthere is no quorum at any meeting, the meeting shall be adjoumed and in the adjoumed meeting, the business ofthe first meeting shall be conducted irrespective ofwhether there is quorum or not. V. Notice for meeting - At least 7 days notice in writing to call a meeting of the Commission shall be given to and copy ofthe agenda for such meeting shall be sent to the commissioners, either with the notice or thereafter as soon as possible. Provided that an emergency meeting ofthe Commission may be called at a shorter notice. vl. Matters to be decided by the Commission - The following matters will be decided by the Commission in its meetings held under the foregoing provisions:- a) Recommendations to the Government under clauses (e) and (f) ofsection l7(l) ofthe Act; b) Approvalofthe Annual Report under section l8(2) ofthe Act; c) Approval ofthe Budget and Annual Accounts ofthe Commission. d) Amendments to these regulations; e) Any other matler with the approval ofthe Chief Commissioner; AII other matters will be disposed of by the Chief Commissioner, by the Commissioners or Officers of the Commission in accordance with orders issued from time to time by the Chief Commissioner for II. The meetings ofthe Commission shall be ordinarily held at the headquarter ofthe Comnission and will be presided over by the Chief Commissioner. *q- a distribution ofwork among the Commissioners and as per delegation in favour ofthe Officers ofthe Commission. VII. Record of Minutes - The minutes ofthe meeting of the Commission shall be recorded in writing and signed by the Presiding Officer and shall be kept itl the Proceeding Book. Copy ofsuch proceedings shall also be circulated for information ofthe Commissioners as soon as possible after the meeting. 4. Officers of the Commission and their functions : I. Appointment ofRegistrar:- The Chief Commissioner may designate one or more of its officers in the Commission to function as Registrads) of the Commission. 5. Powers and functions ofthe Registrar:- I. The Registrar shall be the Officer representing the Commission to consider Revisions II. Registrar shall discharge his functions under the administrative control and superintendence of III. All records ofthe Commission pertaining to Revisions and legal issues shall be in the custody of the Registrar or the person assigned this duty by him. statements, replies and other documents- V. The Registrar shall decide all questions arising out ofthe scrutiny ofthe Revisions filed in the Registry before these are registered. VI. The Registrar shall sign the notice for date ofhearing fixed by respective Bench for communication to both the parties. VII. The Registrar shall communicate the decisions, orde$ or directions ofthe Commission to the CHAPTER - III the ChiefCommissioner. IV. The office ofthe Registrar may receive all revisions, applications, complaints, counter -s- o concemed persor/persons, and all such communications signed or authenticated by the Registrar or under his authority shall be deemed to be the communication ftom the Commission VIII. The Registrar shall exercise all such powers and discharge all such functions as are assigned to him by these Regulations or such duties as may be assigned by the Chief Commissioner from time to time. CHAPTER-IV Working Hours:- Subject to any order by the Chief Commissioner, the office ofthe Commission will be open on all working days notified bythe Covernment ofHaryana. from 9.00 AM to 5.00 PM with a lunch break ofhalfan hour from I :30 PM to 2.00 PM. CHAPTER-V 7. Registration, Abatement or Return of Revision :- I. Revision or Complaint etc, to be in writing: Every Revision, statement, rejoinder, reply or any other document filed before the Commission shall be typed or printed or hand written neatly and legibly and the language used therein shall be formal and civilized and should not be in any way indecent or abusive. The Revision shall be presented in at least thee sets in a paper-book form. Provided that the Commission may take notice ofa revision or a complaint made to it in any other form including those sent through e-mail. II. Contents of Revision: The contents of the Revision shall be the same as specified in the proforma given in the Rules as Annexed to these Regulations. III. Filing of Counter Statement by the Designated Olficer:- AAer receipt ofa copy ofthe revision, the Designated Oflicer shall file counter statement with documents, ifany, pertaining a to the case. A copy ofthe cormter statemenl (s) so filed shall be served to the Appellant or Complainant by the Designated Officer as the case may be under intimation to the Commission. 8. Posting of R€vision before the S€rv-ice Commissioner - I. Revision shall be heard by a Single Bench consisting ofone Designated Commissioner or Chief Commissioner in accordance with general or special orCers issued from time to time by the Chief Commissioner. II. The Chief Commissioner may constitute a Division Bench or a full Bench if in his opinion the matter to be considered is important enough tojusti! consideration by such Bench. II[. Revision may be heard by a Bench either in person or through video conference facility. The proceedings ofa Bench conducted through the video conference shall be valid. 9. Personal presence ofthe Appellant: l. The Appellant shall be informed of the date of headng at least seven (7) clear days before thal date. II. The Appellart may at his disqetion be presenl in person or through his duly authorized representative at the time ofhearing ofthe Revision by the Commission. 10. Procedure for making recommendations to the State Govt. for Departmental Action against any oflicer or employee under section l7 (l) (d) ofthe Haryana Right to S€rvice Act: Before making any recommendations to the State Govemment under Section 17 (l) (d) ofthe Act for departmental action against any officer or employee, the concemed person shall be issued a notice for giving him an opportunity of being heard to explain his conduct. After hearing hinl the concerned Commissioner or Commissioners shall take a decision taking in to consideration the explanation given by him. ll. Communication of decisions and Orders: I. Every decision or order of the Commission or any of its Benches shall be signed and dated by the Commissioner or Commissioners who have heard the Revision or have decided the matter. a II. Every decision/order ofa Bench ofCommission may either be pronounced in one ofthe sittings of tle concemed Bench, or may be placed on its website and may be communicated to the parties under authentication by the Registrar or any other Officer authorized by the Commission in this regard. III. Every such decision or order, whenever pronounced by a duly constituted Bench ofa Single Commissioner or by a Division Bench or by a Full Bench of Commissioners, shall be deemed to be the decision by the Commission under the Act . 12. MISCELLANEOUS:- L Language ofthe Commission: - Revision or a Complaint may be filed in Hindi/English language II. The proceedings ofthe Commission may be conducted in Hindi or in English. m. h case ofany conflict or ambiguity in these Regulations, the decision ofthe Chief Commissioner shall be final. CHIEF COMMISSIONER HARYANA RIGHT TO SERVICE COMI\{ISSION. CHAPTER- VI