Bare Act
Chapter VII MISCELLANEOUS
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22. Reporting requirements
- (1) Every public authority shall ensure that every Grievance Redressal Officer and Designated Authority keeps a record of applications, complaints, auto-appeals, appeals and the decisions thereon under this Regulation.
- (2) Every public authority shall publish, in such manner and within such time as may be prescribed, a report mentioning therein—
- (a) the number of applications received for notified public services;
- (b) the number of applications disposed of within the stipulated time limit;
- (c) the number of complaints and appeals received;
- (d) the number of complaints and appeals disposed of;
- (e) the number of complaints and appeals pending;
- (f) the number of auto-appeals generated at each level;
- (g) the number of penalties imposed and compensation awarded; and
- (h) such other particulars as may be prescribed.
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23. Officers and employees of Appellate Authority
- (1) The Administration shall provide the Appellate Authority with such officers and employees as may be necessary for efficient performance of its functions under this Regulation.
- (2) The officers and employees appointed under sub-section (1) shall discharge their functions under the general superintendence of the Appellate Authority.
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24. Officers and employees of Appellate Authority to be public servants
The members, officers and employees of Appellate Authority shall be deemed to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023.
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25. Enforcement of orders by Appellate Authority
Every order made by the Appellate Authority may be enforced by it in the same manner as if it were a decree or order made by a civil court in a suit pending therein and it shall be lawful for the Appellate Authority, in the event of its inability to execute such order, to send the order to the civil court within the local limits of whose jurisdiction—
- (a) in the case of a public authority not falling under clauses (b) and (c), the principal office of such public authority is situated;
- (b) in the case of an order against a public authority being a company, the registered office of the company is situated; or
- (c) in the case of an order against any other person, the place where the person concerned voluntarily resides, carries on business or personally works for gain is situated, and thereupon the court to which the order is so sent shall execute the order as if it were a decree or order sent to it for execution.
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26. Protection of action taken in good faith
No suit, prosecution or other legal proceeding shall lie against any person for—
- (a) anything which is in good faith done or intended to be done under this Regulation or any rule made thereunder; or
- (b) delay in rendering a public service, or inability to render such service, where such delay or inability is on account of reasonable cause beyond the control of the person responsible for delivery of the service.
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27. Provisions of this Regulation to be in addition to and not in derogation of other laws
The provisions of this Regulation are in addition to, and not in derogation of, any other law for the time being in force.
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28. Bar of jurisdiction of civil court
No civil court shall have jurisdiction to settle, decide or deal with any question or to determine any matter which is, by or under this Regulation, required to be settled, decided, dealt with or determined by the Grievance Redressal Officer, Designated Authority or Appellate Authority.
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29. Power to make rules
- (1) The Administrator may, by notification, make rules, not inconsistent with the provisions of this Regulation, for carrying out the purposes of this Regulation.
- (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
- (a) the other mechanism through which an appeal deemed to have been registered automatically on behalf of an eligible person, if a complaint or appeal is not disposed of within the time limit under clause (d) of section 2;
- (b) the manner of generation of unique application number and tracking of applications under sub-section (2) of section 5;
- (c) the manner in which the application to be entered in the electronic record and provide an acknowledgement to the applicant under sub-section (3) of section 5;
- (d) the manner of receipt, enquiry and redressal of complaints under sub-section (1) of section 6;
- (e) the level of officer designated as Grievance Redressal Officers under sub-section (2) of section 6;
- (f) the other means of acknowledgement of complaints and appeals under section 7;
- (g) the time limit within which grievances shall be redressed by the Grievance Redressal Officer under clause (a) of sub-section (1) of section 8;
- (h) the time period for redressal of complaint or disposal of appeal under sub-section (2) of section 8;
- (i) the other means of acknowledgement of an appeal under sub-section (4) of section 9;
- (j) the time period within which the Designated Authority shall dispose of an appeal under sub-section (5) of section 9;
- (k) the salary and allowances payable to, and other terms and conditions of service of, a member of the Appellate Authority under sub-section (2) of section 14;
- (l) the other matters for which the Appellate Authority shall have the powers of a civil court under clause (f) of sub-section (1) of section 16;
- (m) the manner of recovery of penalty under sub-section (3) of section 21;
- (n) the manner of recovery of penalty under sub-section (4) of section 21;
- (o) the manner and time period within which the public authority shall publish reports and other particulars to be mentioned therein under sub-section (2) of section 22;
- (p) any other matter which is required to be, or may be, prescribed.
- (3) Every rule made under this section shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days, which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
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30. Power to remove difficulties
- (1) If any difficulty arises in giving effect to the provisions of this Regulation, the Administrator may, by order published in the Official Gazette, make such provisions, not inconsistent with the provisions of this Regulation as may appear to it to be necessary or expedient for removing the difficulty: Provided that no such order shall be made under this section after the expiry of a period of two years from the commencement of this Regulation.
- (2) Every order made under this section shall be laid, as soon as may be after it is made, before each House of Parliament.
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