The Gujarat (Right of Citizens to Public Services) Act, 2013

1.

1. (1) This Act may be called the Gujarat (Right of Citizens to Public Services) Act, 2013.
2. (2) It shall extend to the whole of the State of Gujarat.
3. (3) This section shall come into force at once and the remaining provisions shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of the Act.

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

1. (a) "Authority" means a State Appellate Authority constituted under sub-section

1. (1) of section 12;
   • (b) "complaint" means a complaint filed by a citizen regarding any grievance relating to, or arising out of, any failure in rendering of services as notified in section 4 or in the functioning of a public authority, but does not include grievance relating to the service matters of a public servant whether serving or retired;
   • (c) "days" means the working days, referred to as the timeline;
   • (d) "Designated Authority" means such officer, as may be designated by the public authority, who shall be above the rank of the Grievance Redressal Officer referred to in sub-section
2. (1) of section 6;
   • (e) "Designated Officer" means an officer whose name is published under section 5 for rendering of services;
   • (f) "Grievance Redressal Officer" means a Grievance Redressal Officer appointed under sub-section
3. (1) of section 6;
   • (g) "member" means a person appointed as a member of the State Appellate Authority under sub-section
4. (2) of section 12; (h)

3. Subject to the provisions of this Act, every individual citizen shall have the right to time bound delivery of services and redressal of grievances.

4.

Obligation of Public Authority to publish names of individuals responsible for rendering services 5. A public authority shall, within two months of the notification issued under section 4, publish the names and addresses of Designated Officers responsible for rendering of services notified under section 4.

6.

1. (1) Every public authority shall, within two months of a notification issued under section 4, designate as many officers as may be necessary as Grievance Redressal Officers in all administrative units or offices at the State, district and taluka levels, municipal corporations, municipalities, notified areas, panchayats and such other offices whereat services are rendered to receive, enquire into and redress any complaints from citizens in the manner as may be prescribed: Provided that the Grievance Redressal Officer so appointed shall be at least one level above, and be deemed to have administrative control on the Designated Officer.
2. (2) Every public authority shall, immediately on appointment of a Grievance

7. All complaints shall, within three working days of the making of the complaint, be acknowledged by a receipt, issued in writing or through electronic means or through text message or through any other means as may be prescribed, specifying the date, time, place, unique complaint number and particulars of receiver of complaint along with the stipulated time frame within which the complaint shall be redressed.

8.

1. (1) Upon receipt of a complaint made under section 6, it shall be the duty of the concerned Grievance Redressal Officer to ensure that,
   • (a) the grievance is remedied in the prescribed time frame;
   • (b) the reason for the occurrence of the grievance is identified, the grievance is redressed satisfactorily within the prescribed time frame and the responsibility, if any, of the defaulting person is fixed;
   • (c) where the grievance has occurred as a result of a deficiency, negligence or malfeasance on the part of an individual, then the action is taken in accordance with the applicable rules;
   • (d) where the Gri

9.

1. (1) The Grievance Redressal Officer shall, within the prescribed time frame, report every complaint which has not been redressed along with the details of the complainant, nature of complaint, and reasons for non-redressal of the complaint to the Designated Authority.
2. (2) Every public authority shall designate such officers as designated authorities as may be necessary in all the administrative units and offices as provided in clause
   • (d) of section 2.

10.

1. (1) Every complaint forwarded along with the details under section 9 shall be deemed to have been filed by way of an appeal to the Designated Authority.
2. (2) Any person aggrieved by a decision of the concerned Grievance Redressal Officer or who has not been informed in writing the manner in which his grievance has been redressed in respect of a complaint filed by him, may, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the

11.

1. (1) Any person who does not receive a decision within the prescribed time frame or is aggrieved by a decision of the Designated Authority may, within thirty days from the expiry of such period or from the receipt of such a decision, prefer an appeal to the State Appellate Authority: Provided that the Authority may admit the appeal after the expiry of thirty days if it is satisfied that the complainant was prevented by sufficient cause from filing the appeal in time.
2. (2) The decision of the State Appellate Authority under this section shall be binding.

12.

1. (1) The State Government shall, by notification in the Official Gazette, constitute one or more State Appellate Authority to exercise the powers conferred on or imposed upon and to perform functions assigned to the Authority under this Act.
2. (2) A State Appellate Authority shall consist of such number of members, not exceeding three, as may be prescribed.

13. A person shall not be qualified for appointment as a member of a Authority unless he is or has been an officer of the State Government and is holding or has held a post in the rank of, or equivalent to, Secretary or Principal Secretary or Additional Chief Secretary or Chief Secretary to the State Government.

14. A person appointed as member of a Authority shall hold the office for a term of three years from the date on which he enters upon office or until he attains the age of sixty-five years whichever is earlier:

Resignation and removal 16.

1. (1) Any member of the State Appellate Authority, may, by notice in writing under his hand addressed to the Chief Secretary to the Government, resign his office.
2. (2) Notwithstanding anything contained in sub-section (1), the State Government may by order remove from office a member if the member -
   • (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. (3) The State Government may, by rules, regulate the procedure for the investigation of misbehavior or incapacity of a member.

17.

1. (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. (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.

18.

Staff and officers to be public servants 19.

Procedure of adjudication by State 20.

1. (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. (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 of a complaint or appeal under this Act.

21.

Where grievance complained of is a result of corrupt practices 22. 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.

23.

1. (1) The Designated Authority or the State 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 one thousand rupees and may extend up to ten thousand rupees, 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

24.

1. (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. (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.

25. 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 State Appellate Authority.

26. Every order made by the State 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,-

1. (a) in the case of public authority not falling under clauses
2. (b) and (c), the place at which the main office of such public authority is situated; or
3. (b) in the case of an order against a public authority being a company, the registered office of the company is situated; or
4. (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.

27. No suit, prosecution or other legal proceedings shall lie against any person-

1. (a) for anything which is in good faith done or intended to be done under this Act or any rule made thereunder; or
2. (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.

28.

Power to make rules and laying of rules 29.

1. (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. (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
3. (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
4. (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
5. (3) of

1. (1) 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.
2. (2) Every order made under this section shall be laid, as soon as may be after it is made, before the State Legislature.