Penalty and Procedure for deciding an Appeal

General202523 sections

Statutory text

(1) The Competent Authority at the time of deciding any appeal is of the opinion that the Designated Officer or Subordinate Public Servant, as the case may be, who has, without any reasonable cause, failed to deliver the service to an applicant within the stipulated time under section 5 or causes in issue of deemed approval under section 6, it shall impose a penalty of two hundred and fifty rupees each day till service is delivered: Provided that the total amount of said penalty shall not exceed twenty-five thousand rupees. Provided further that the penalty amount shall be increased by 10% after every three years from the commencement of this Act. Provided also that no penalty shall be imposed on the Designated Officer or Subordinate Public Servant, as the case may be, before giving him a reasonable opportunity of being heard by way of a written notice, returnable within 15 working days. Provided also that the burden of proof for acting reasonably and diligently, shall be on the Designated Officer or Subordinate Public Servant, as the case may be.
(2) The Designated Officer or Subordinate Public Servant, as the case may be, who is aggrieved by the order passed by the Competent Authority in accordance with section 8
(1) shall be entitled to file an appeal to the Appellate Authority against such order within a period not exceeding thirty days of the receipt of the impugned order.
(3) For the purpose of this Act, the appeal against the order of the Appellate

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