Dated: the 25th Sept., 1997
After a careful consideration of the need for providing a comprehensive mechanism for effective redressal of grievances of the public against the departments of the Government of National Capital Territory of Delhi (here-in-after referred to as "the Government of NCT of Delhi"), *Delhi Police and local bodies, autonomous organizations / undertakings and other institutions owned or substantially financed by the Government of NCT of Delhi, the Government of NCT of Delhi, with the prior approval of the Central Government conveyed vide Ministry of Home Affairs D.O. letter No.14011/40/95-Delhi-II dated the 26th June, 1997, have decided to set up a "Public Grievances Commission" in the National Capital Territory of Delhi to act as a functionally independent body responsible for speedy redressal of complaints of the public against acts of omission or commission on the part of public officials working in the said organizations and to recommend such action as considered necessary for removal of such grievances. The Commission shall, for the present, be attached to the Department of Administrative Reforms, Government of NCT of Delhi, but in the exercise of its powers and functions it will have the same measure of independence and autonomy as the Union Public Service Commission. The functions of the Commission shall be advisory in the same sense as those of the Union Public Service Commission.
(* inserted vide notification No.F.4/14/94/AR dated: 30th July, 1998 )
2. The composition of the Commission, its powers and functions and the broad framework in which it shall function will be as follows :-
(i) The Commission shall consist of a Chairman and three Members (including two part-time Members) who shall be appointed by the Lt. Governor of the National Capital Territory of Delhi.
(ii) * The Chairman of the Commission shall be a person who has, in the opinion of the Government of NCT of Delhi, distinguished himself in the field of public administration and was holding prior to his appointment in the Commission, a post in the rank of Secretary to the Government of India.
The Whole time member shall be a person who has been a Director General of Police of a State or has held an office of comparative status and responsibility. The two part-time Members shall be persons of public eminence having special knowledge or practical experience in the field of education or science or law or literature or social service or human rights. Of these two part-time members, at least, one shall be a lady.
(iii) * The Chairman and the Members (including part-time members) shall hold office at the pleasure of the Lt. Governor of the National Capital Territory of Delhi, or till they attain the age of 65 years, whichever is earlier
* Substituted vide notification No. F.4/14/94/AR dated 30th July, 1998
(iv) * The Chairman and Members (including part-time members) may resign their office by giving notice in writing to the Lt. Governor of NCT of Delhi and upon such resignation having been accepted, they shall be deemed to have vacated their office."
* substituted vide notification No.F.4/14/94/AR dated : 30th July, 1998
(v) The Chairman shall be paid a fixed salary of Rs.8,000/- per month together with such allowances as admissible from time to time, provided further that if the Chairman at the time of his appointment is in receipt of pension (other than disability or war pension) in respect of any previous service under the Government of India or under the Government of State, his salary, irrespective of his service in the Commission, shall be reduced by the amount of that pension. The Whole-time Member shall be paid, subject to the same conditions, a fixed salary of Rs.7,500/- per month together with such allowances as admissible from time to time. The two part-time Members shall be paid a fixed fee of Rs.7,500/- per month. The other terms and conditions of service of the Chairman and Members (including part-time Members) shall be such as are applicable to the officers of comparable status in the Government of India.
(vi) A person shall be disqualified from being appointed as Chairman or Member (including part-time Member) if he (a) is not a citizen of India; or (b) is of unsound mind and has been so declared by the competent court; or (c) is adjudged as an undischarged insolvent; or (d) is convicted and sentenced to imprisonment for an offence which, in the opinion of the Government of NCT of Delhi, involves moral turpitude.
B. Powers and Functions
(i) * The Commission shall consider, if it is satisfied that the circumstances of the case so warrant, complaints made by members of public against acts of omission or commission including cases of inaction or harassment or extortion or corruption or abuse of power and authority on the part of the officials of the departments of Government of NCT of Delhi and local bodies, autonomous organizations/undertakings and other institutions owned or substantially financed by the Government of NCT of Delhi including Delhi Police. The advisory jurisdiction of the Commission shall not, however, extend to the Delhi Development Authority.
"* substituted vide notification No. F.4/14/94/AR dated : 30th July, 1998
(ii) It shall be open to the Commission to take suo motu action in respect of any omission or commission on the part of the aforesaid public officials on the basis of information contained in media reports or received otherwise. The Commission shall also consider cases specifically referred to it by the Lt. Governor of the National Capital Territory of Delhi, the Chief Minister, Govt. of NCT of Delhi or the Chief Secretary, Government of NCT of Delhi. The Commission shall not, however, consider complaints which are sub-judice.
(iii) A person aggrieved by any act of omission or commission on the part of the said public officials may make an application to the Commission for the redressal of his grievance giving specific details of the case supported with a duly sworn affidavit. The applicant shall make a specific declaration to the effect that to the best of his knowledge and belief the subject-matter of the complaint is not sub-judice.
(iv) The Commission may conduct the hearing of the case singly or in benches consisting of the Chairman or the whole-time Member and one of the two part-time Members. The aggrieved person who has made the complaint shall himself represent the case before the Authority and will not be entitled to engage a legal practitioner for the purpose.
(v) *"The Commission, shall, on receipt of a complaint and if it is satisfied that it needs to be looked into, call for such records and summon such officials as considered necessary, hear them and come to a quick decision as to whether there is any dereliction on the part of the officials concerned. The Commission shall lay particular emphasis on the speedy disposal of the complaint. It shall be incumbent on the Chief Secretary of Government of NCT of Delhi, Commissioner of Police, Delhi and the Head of the Department concerned to ensure that the documents called for by the Commission are furnished to it within the time frame specified by the Commission and also to ensure that officials, if any summoned by the Commission appear before the Commission at such time and date as fixed for the purpose by the Commission.
"* substituted vide notification No. F.4/14/94/AR dated: 30th July, 1998
(vi) The Commission shall, on conclusion of the hearing of the complaint, pass an appropriate "speaking" order and in cases where it is held that the allegations made against the officials concerned are prima facie established, the Commission shall also recommend action to be taken against the erring officials. The recommendations thus made by the Commission shall be given due consideration by the appropriate administrative authority for its speedy implementation. However, where the appropriate administrative authority on the basis of the merits of the case takes a contrary view, it shall communicate to the Commission, in writing, specific reasons because of which its recommendations could not be accepted. If the Commission is not satisfied with the reasons indicated for non-implementation of its recommendations, it shall be reflected as a case of non-acceptance of Commission's recommendations in its annual report.
3. The Commission may also conduct research into systemic causes of complaints on a regular basis and provide such reports that can form the basis of bringing administrative reforms in areas needing improvements so that the administration becomes more transparent and responsive.
4. Notwithstanding the establishment of the Public Grievances Commission, the Government of National Capital Territory of Delhi will continue to endeavor to strengthen the internal grievance redressal machinery in various departments and agencies under its administrative control and ensure transparency of procedures, free flow of information to the public, etc. The Commission will, therefore, primarily consider complaints on matters relating to corruption or those beyond the control of individual agencies.
C. *Annual Report
The Commission will submit two separate annual reports - one covering Delhi Police to be submitted to the Central Government through the Lt. Governor for placing it before the Parliament and the other covering the activities pertaining to the remaining departments/organizations of the Government of NCT of Delhi to be submitted to the Government of NCT of Delhi for its being placed before the Legislative Assembly of National Capital Territory of Delhi.
The annual reports will be drawing particular attention to any recommendation made by it which had not been accepted or acted upon and the Government of NCT of Delhi will submit the same with a memorandum explaining the reason for non-acceptance of any of the recommendation(s) of the Commission to Delhi Legislative Assembly/Parliament, as the case may be.
* substituted vide notification No. F.4/14/94/AR dated : 30th July, 1998
ORDERED that a copy of this Resolution be communicated to all Departments of Government of NCT of Delhi, local bodies, autonomous organizations / undertakings and other institutions owned or substantially finances by the Government of NCT of Delhi, etc. and also that the Resolution be published in the Gazette of Delhi.
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