Nagaland’s new public services law allows penalties of INR 250 per day for officials who unjustifiably delay notified services
KOHIMA — Citizens in Nagaland will have a statutory right to receive notified government services within specified time limits, with officials facing financial penalties for unjustified delays under the Nagaland Right to Public Services Act, 2026.
The Bill, introduced by Chief Minister Neiphiu Rio during the recently concluded session of Nagaland Legislative Assembly, was passed by the House.
The legislation provides for time-bound delivery of services by government departments and certain local bodies and authorities owned, controlled or substantially financed by the state government.
However, the Act does not itself specify the individual services or deadlines. The state government will notify the services to be covered, prescribe the maximum time for delivering each service and designate officials responsible for providing them.
For every notified service, the government will also designate a First Appellate Authority and a Second Appellate Authority to deal with complaints arising from rejection or delay.
Under the system, an eligible person will submit an application for a notified service to the designated officer or an authorised subordinate. The application must be acknowledged, and the stipulated time limit will begin from the date of receipt.
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The designated officer must either provide the service within the prescribed period or reject the application, giving written reasons. In the event of rejection or failure to provide the service within the stipulated time, the applicant can file a first appeal within 30 days.
The First Appellate Authority must dispose of the appeal within 30 days. It may direct the designated officer to provide the service within a specified period or reject the appeal with recorded reasons.
A second appeal can then be filed before the Second Appellate Authority within 30 days of the first appellate order. The second appeal is also required to be disposed of within 30 days.
The Act allows the appellate authorities to accept delayed appeals in certain circumstances. A delay of up to 60 days beyond the prescribed period may be condoned if sufficient cause is shown.
Penalties for delay
One of the key provisions is the imposition of financial penalties on officials who fail to provide notified services without sufficient and reasonable cause.
The First Appellate Authority may impose a lump-sum penalty of between INR 500 and INR 5,000 on a designated officer who fails to provide a service without sufficient cause.
For unjustified delay, a penalty of INR 250 per day may be imposed, subject to a maximum of INR 5,000.
The legislation also provides for accountability at the appellate level. The Second Appellate Authority may impose a penalty of between INR 500 and INR 5,000 if it finds that a First Appellate Authority failed to decide an appeal within the prescribed period without sufficient and reasonable cause.
The Act further allows the Second Appellate Authority to recommend disciplinary action under applicable service rules if a designated officer or First Appellate Authority fails to discharge duties under the legislation without sufficient and reasonable cause.
An official aggrieved by an order imposing a penalty may seek revision before an officer nominated by the state government within 60 days.
Who is covered?
The legislation applies to government employees appointed substantively to civil services or posts connected with the affairs of the state, including personnel on deputation.
It also covers employees of local bodies and authorities owned, controlled or substantially financed by the state government. These include municipalities, development councils, town planning authorities, village councils, autonomous bodies and other entities empowered by law to provide or regulate essential public utility services within a specified area.
Short-term workers and persons paid out of contingencies are excluded, along with persons whose service conditions are governed by or expressly provided for in the Constitution.
The Act also gives the appellate authorities certain powers similar to those of a Civil Court, including requiring documents and issuing summons for hearings.
It bars Civil Courts from entertaining proceedings relating to orders passed under the Act, with the appeal mechanism provided under the legislation serving as the designated route for challenging such orders.
The government has been empowered to frame rules for implementing the Act. The rules will have to be laid before the Legislative Assembly for a total period of 30 days.
The Act will come into force on a date to be notified by the state government through the Official Gazette.
Therefore, while the legislation establishes the statutory framework for time-bound public service delivery, citizens will have to wait for subsequent government notifications to know which services will be covered, the deadlines applicable to them and the officials and appellate authorities responsible for each service.
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