The Gujarat Right of Citizens to Public Services Act, 2013

(1) This Act may be called the Gujarat Right of Citizens to Public Services Act, 2013. (2) It extends to the whole of the Union territory of Dadra and Nagar Haveli and Daman and Diu. (3) It shall come into force on such date as the Administrator of the Union territory of Dadra and Nagar Haveli and Daman and Diu may, by notification in the Official Gazette, appoint.

(1) Any member of the Union Territory Appellate Authority, may, by notice in writing under his hand addressed to the State Government, resign his office. (2) Notwithstanding anything contained in sub-section (1), the State Government may by order remove from office a member if (i) is adjudged an insolvent; or (ii) has been convicted of an offence which, in the opinion of the State Government involves moral turpitude; or (iii) engages during his term of office in any paid employment outside the duties of his office; or (iv) is, in the opinion of the State Government, unfit to continue in office by reason of infirmity of mind or body; or (v) has acquired such financial or other interest as is likely to affect prejudicially his functions as a member. (3) The State Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of a member.

(1) The Authority shall, for the purposes of its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:- (i) summoning and enforcing the attendance of any person and examining him on oath; (ii) discovery and production of any document or other material object producible as evidence; (iii) receiving evidence on affidavits; (iv) requisitioning of any public record; (v) issuing commission for the examination of witnesses; (vi) such other matter which may be prescribed. (2) The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made there under, the Authority shall have the power to regulate its own procedure.

The Authority shall arrange to deliver copies of the decision to the parties concerned within the prescribed time frame.

The staff and officers of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

(1) The Authority shall, upon adjudication of a complaint, have the power to issue directions requiring the public authority to take such steps as may be necessary to render the services in compliance of the notification issued under section 4. (2) It shall be the duty of the Authority to receive and inquire into a complaint from any person,- (a) who has been unable to submit an appeal to the Designated Authority; (b) who has been refused redress of grievance under this Act; (c) whose complaint has not been disposed of within the time limit specified; (d) in respect of any other matter relating to registering and redressing a complaint or appeal under this Act.

In any appeal proceedings, the burden of proof to establish the non-redressal of complaint shall be on the Grievance Redressal Officer who denied the request.

Where it appears to the Authority that the grievance complained of is, prima facie, indicative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988, on the part of the responsible officer of the public authority complained against, then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authority.

(1) The Designated Authority or the Union Territory Appellate Authority may impose a lump sum penalty against a designated officer responsible for rendering of service to which the applicant is entitled, or against a Grievance Redressal Officer, for acting in a mala fide manner or for having failed to discharge his duties without any sufficient and reasonable cause, which shall not be less than Rs. 1,000 and may extend up to Rs. 10,000, which shall be recovered from the salary of the official against whom penalty has been imposed: Provided that the concerned officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him under this section. (2) On imposition of the penalty under sub-section (1), the Union Territory Appellate Authority or the Designated Authority, as the case may be, may, by order, direct that such portion of the penalty imposed under sub-section (1) shall be awarded to the appellant, as compensation, as it may deem fit: Provided that the amount of such compensation awarded shall not exceed the amount of penalty imposed under this section. (3) If any public servant is found guilty under sub-section (1), the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who, if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment as the disciplinary authority may decide.

(1) Every public authority shall ensure that every Grievance Redressal Officer keeps a record of complaints made to it or appeal therein and the decisions on such complaints and appeals. (2) Every public authority shall publish in the prescribed manner and in the prescribed time frame, a report mentioning therein- (a) the number of appeals and complaints received; (b) the number of appeals and complaints disposed of; (c) the number of appeals and complaints pending; (d) such other particulars, as may be prescribed, for discharge of its functions under this Act.

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 Act required to be settled, decided or dealt with or to be determined by the Grievance Redressal Officer or the Designated Authority or the Union Territory Appellate Authority.

Every order made by the Union Territory Appellate Authority may be enforced by it in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the Authority to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction, - (a) in the case of public authority not falling under clauses (b) and (c), the place at which the main office of such public authority is situated; or (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 or 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.

No suit, prosecution or other legal proceedings shall lie against any person— (a) for anything which is in good faith done or intended to be done under this Act or any rule made thereunder; or (b) delay in rendering of service or not being able to render service where such delay or inability is on account of reasonable cause beyond the control of the person responsible for delivery of the service.

The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force.

(1) The State Government may, by notification in the Official Gazette, make rules, not inconsistent with this Act, for carrying out the purposes of this Act. (2) In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:- (i) the manner to receive, enquire into and redress any complaints under sub-section (1) of section 6; (ii) the manner of acknowledgement of complaints received and particulars of receiver of complaint and time frame for redresses under section 7; (iii) the time frame for redresses of grievances under sub-section (1) of section 8; (iv) the time frame within which the Grievance Redressal Officer shall report to the Designated Authority under section 9; (v) the other means of acknowledgement under sub-section (3) of section 10; (vi) the time frame for disposal of appeal under sub-section (4) of section 10; (vii) the time frame within which the Designated Authority shall deliver copies of the decision to the parties concerned under sub-section (5) of section 10; (viii) the time frame within which an appeal shall be made against the decision of the Designated Authority or has not received the decision within the time under sub-section (1) of section 11; (ix) the number of members of the Union Territory Appellate Authority under sub-section (2) of section 12; (x) the salary and allowances payable to the other terms and conditions of service of a member of the Union Territory Appellate Authority under section 15; (xi) to regulate the procedure for the investigation of misbehavior or incapacity of a member of the Union Territory Appellate Authority under sub-section (3) of section 16; (xii) the other matters for which the Union Territory Appellate Authority shall have power of civil court under clause (vi) of sub-section (1) of section 17; (xiii) the manner and the time frame within which the public authority shall publish a report and other particulars for discharge of functions of the public authority under sub-section (2) of section 24; (xiv) any other matter which is or may be provided by rules under this Act.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by order published in the Official Gazette, make such provisions not inconsistent with the provisions of this Act as may appear to be necessary for removing the difficulty: Provided that no order shall be made under this section after expiry of two years from the commencement of this Act.