The Andhra Pradesh Public Services Delivery Guarantee Act, 2017

Short title, extent and commencement.-

1. (1) This Act may be called the Andhra Pradesh Public Services Delivery Guarantee Act, 2017.
2. (2) It extends to the whole of the State of Andhra Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification in the Andhra Pradesh Gazette, appoint.

Definitions.- In this Act, unless the context otherwise requires,-

1. (a) "Applicant" means any person applying to the Designated Officer for the delivery of a service;
2. (b) "Designated Officer" means an officer notified as such by the Government or by a Local Authority or a Public Authority for providing the service under this Act;
3. (c) "First Appellate Authority" means an officer notified as such by the Government or by a Local Authority or a Public Authority to whom an appeal lies against an order of the Designated Officer;
4. (d) "Government" means the State Government of Andhra Pradesh;
5. (e) "Local Authority" means a Municipal Corporation, a Municipal Council, a Nagar Panchayat, a Zilla Praja Parishad, a Mandal Praja Parishad, a Gram Panchayat or any other local body constituted under any law for the time being in force;
6. (f) "Notification" means a notification published in the Andhra Pradesh Gazette and the word "notified" shall be construed accordingly;
7. (g) "Public Authority" means any authority or body or institution of self-government established or constituted,-
   • (i) by or under the Constitution;
   • (ii) by any other law made by the State Legislature;
   • (iii) by notification issued or order made by the Government; and includes any body owned, controlled or substantially financed by the Government;
8. (h) "Prescribed" means prescribed by rules made under this Act;
   • (i) "Service" means the notified public service provided by the Designated Officer for which an application is made under this Act;
9. (j) "Stipulated Time" means the maximum time period prescribed by the Government within which a Designated Officer shall provide the service or decide the application.

Notification of services, designated officers, etc.

1. (1) The Government may, from time to time, by notification, specify the services, the designated officers, the appellate authorities and the stipulated time limits for the purposes of this Act.
2. (2) The Government may, by notification, specify the designated officers and appellate authorities for different administrative units, as may be required, for the purposes of this Act:

Right of applicant to obtain service within stipulated time Right of applicant to obtain service within stipulated time.

1. (1) Every applicant shall have the right to obtain the services under this Act within the stipulated time limit.
2. (2) The designated officer shall, on receipt of an application under subsection (1), provide the service or reject the application within the stipulated time limit:

Penalty Penalty

1. (1) If the Designated Officer fails to provide the service within the stipulated time, the Appellate Authority or the Revisional Authority, as the case may be, may impose a penalty upon the Designated Officer which shall not be less than Rs. 500/- and not more than Rs. 5,000/- per application: Provided that the Designated Officer shall be given a reasonable opportunity of being heard before any penalty is imposed under this section.
2. (2) If the Appellate Authority or the Revisional Authority is of the opinion that the Designated Officer has failed to provide the service without any sufficient and reasonable cause, then the Appellate Authority or the Revisional Authority may impose a penalty as provided in sub-section (1).
3. (3) The penalty imposed under this section shall be recovered from the salary of the Designated Officer.
4. (4) The amount of penalty imposed under sub-section
5. (1) may be awarded as compensation to the applicant, as may be prescribed:

Disciplinary action Disciplinary action

1. (1) Where the Appellate Authority or the Revisional Authority is of the opinion that the Designated Officer has failed to provide the service without any sufficient and reasonable cause, it may, in addition to the penalty imposed under section 5, recommend disciplinary action against the Designated Officer under the service rules applicable to him.

Appeal

1. (1) Any person, who does not receive the service within the stipulated time or whose application is rejected under section 5, may prefer an appeal to the First Appellate Authority within thirty days from the expiry of the stipulated time or from the date of receipt of the order of rejection, as the case may be: Provided that the First Appellate Authority may admit the appeal after the expiry of the period of thirty days if it is satisfied that the applicant was prevented by sufficient cause from filing the appeal in time.
2. (2) The First Appellate Authority shall dispose of the appeal filed under sub-section
3. (1) within a period of thirty days from the date of filing of the appeal and shall either allow or reject the application: Provided that before rejecting the application, the First Appellate Authority shall provide an opportunity of being heard to the applicant and the Designated Officer.
4. (3) If the First Appellate Authority is satisfied that the stipulated time was expired or service was rejected without sufficient reasons, it shall order the Designated Officer to provide the service within such time as may be specified in the order, which shall not exceed thirty days.

Second appeal

1. (1) Any person aggrieved by an order of the First Appellate Authority or in case of non-receipt of the order within the stipulated time, may prefer a second appeal to the Second Appellate Authority within sixty days from the date of the expiry of the period for disposal of the first appeal or from the date of the order of the First Appellate Authority: Provided that the Second Appellate Authority may admit the second appeal after the expiry of the period of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
2. (2) The Second Appellate Authority shall dispose of the second appeal within a period of forty-five days from the date of filing of the appeal.
3. (3) The Second Appellate Authority may pass such order as it thinks fit, including the order for providing the service or for the imposition of penalty on the Designated Officer or any other official involved in the process of providing the service, after giving an opportunity of being heard to the concerned parties.

Revisional authority.

1. (1) Any person aggrieved by an order passed by the Appellate Authority under section 8 may prefer a revision petition to the Head of the Department or the District Collector or such other authority as may be notified by the Government in this behalf, within thirty days from the date of receipt of such order.
2. (2) The Revisional Authority may entertain the revision petition after the expiry of the said period of thirty days if it is satisfied that the petitioner was prevented by sufficient cause from filing the revision petition in time.
3. (3) The Revisional Authority may, either on its own motion or on an application made in this behalf, call for and examine the records of any order passed by the Appellate Authority for the purpose of satisfying itself as to the legality or propriety of such order and may pass such order in reference thereto as it thinks fit: Provided that the Revisional Authority shall not pass any order prejudicial to any person without giving him a reasonable opportunity of being heard.
4. (4) Every revision petition filed under sub-section
5. (1) shall be disposed of within thirty days from the date of filing the revision petition.

Powers of Appellate Authority and Revisional Authority.

1. (1) The Appellate Authority and the Revisional Authority shall, while deciding an appeal or revision, have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document;
   • (c) requisitioning any public record or copy thereof from any court or office;
   • (d) issuing commissions for examination of witnesses or documents;
   • (e) any other matter which may be prescribed.
2. (2) Every Appellate Authority and Revisional Authority shall have the power to impose a penalty on the Designated Officer in case of failure to provide the service or delay in providing the service without sufficient and reasonable cause, as per the provisions of this Act.

Protection of action taken in good faith No suit, prosecution or other legal proceedings shall lie against the Government or any officer or employee of the Government or the Local Authority or other Public Authority for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

Bar of jurisdiction of courts No civil court shall have jurisdiction to entertain any suit or proceedings in respect of any matter which the Designated Officer or the Appellate Authority or the Revisional Authority is empowered by or under this Act to determine.

Power to make rules.—

1. (1) The Government may, by notification, make rules to carry out the provisions of this Act.
2. (2) Every rule made under this Act shall, immediately after it is made, be laid before the State Legislature, if it is in session and if it is not in session, in the session immediately following for a total period of fourteen days which may be comprised in one session or in two successive sessions, and if, before the expiration of the session in which it is so laid or the session immediately following, the Legislature agrees in making any modification in the rule or in the annulment of the rule, the rule shall from the date of notification of such modification or annulment have effect only in such modified form or shall stand annulled, as the case may be; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

Power to remove difficulties.— If any difficulty arises in giving effect to the provisions of this Act, the Government may, for the purpose of removing the difficulty, by notification in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as appear to them to be necessary or expedient:

Power of Government to give directions Power of Government to give directions

1. (1) The Government may, from time to time, issue such directions to the designated officers, or the authorities or officers or the local authorities as the case may be, as they may consider necessary for the effective implementation of the provisions of this Act.
2. (2) It shall be the duty of the designated officer, first appellate authority, second appellate authority or the local authority to comply with the directions issued under sub-section (1).

Act to be in addition to other laws The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force except to the extent inconsistent with the provisions of this Act.

Repeal of Ordinance 8 of 2017. - The Andhra Pradesh Public Services Delivery Guarantee Ordinance, 2017 is hereby repealed.