(1) The stipulated time lim it shall start from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person sub ordinate to him authorized to receive the application. Such application shall be duly acknowledged.
(2) The Designated Public Servant on receipt of an application under sub- section (1) shall, w ithin the stipulated tim e lim it, provide the notified service or re ject the application and fn case of rejection o f application, he shall record the reasons in writing and communicate to the person making the application
(i) the reasons for such rejection;
(ii) the period within which an appeal against such rejection may be preferred; and
(tii) the particulars of the Appellate Authority.
(1) Any person, whose application is rejected under sub section (2) o f section 7 or who has not been provided the notified service w ithin the stipulated time lim it, may file an appeal to the Appellate Authority w ithin th irty days from the date o f rejection o f application or the expiry o f the stipulated time lim it. Filing of such appeal shall be duly acknowledged by the Appellate Authority by providing the Appellant a signed receipt of the same:
1194 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012
Provided that the Appellate Authority may admit the appeal after the expiry of the period of thirty days but in no case beyond sixty days from the date of rejection of application or the expiry of the stipulated time lim it for delivery of that particular notified service, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:
Provided further that in case of rejection of an application for a notified service for which any other law for the time being in force prescribes remedy, the applicant shall follow the process under such law for the time being in force.
(2) (a) The Appellate Authority may order the Designated Public Servant to provide the notified service within the stipulated time lim it as specified in the notification under section 4 for that service or may reject the appeal and in case of rejection of the appeal, the Appellate Authority shall record the reasons of rejection in his order.
(b) Along with the order to provide the notified service, the Appellate Authority may impose penalty according to the provisions of section 9 of this Act.
(3) The Designated Public Servant or the Applicant aggrieved by any order of the Appellate Authority, may make a second appeal within thirty days from the date of that order to the Reviewing Authority, who shall dispose of the appeal according to the prescribed procedure:
Provided that the Reviewing Authority may entertain the second appeal after the expiry of thirty days but in no case beyond sixty days from the date of order of the Appellate Authority, If he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) If the Designated Public Servant does not comply with provisions of the order for providing the notified service under sub-section (2) of section 8, the applicant aggrieved by such non-compliance may submit an application to the Appellate Authority who shall dispose of the application as per provision of sub-section (2) of section 8 :
THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 1195 Penalty J
Provided that the Designated Public Servant or the Applicant aggrieved by any order of the Appellate Authority, may make an appeal within thirty days from the date of that order to the Reviewing Authority, who shall dispose of the appeal according to the prescribed procedure.
(5) The Appellate Authority and Reviewing Authority shall , while deciding an appeal under this sectfon, 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) requiring the production and inspection of documents;
(b) Issuing summons for hearing to the Designated Public Servant and appellant; and
(c) any other matter which may be prescribed.
9- (1) (a) Where the Appellate Authority is of the opinion that the Designated Public Servant has failed to provide the notified service without sufficient and reasonable cause, he may impose a lump-sum penalty at the rate specified from time to time as prescribed in the rules framed under this Act.
(b> Where the Appellate Authority is of the opinion that the Designated Public Servant has caused delay in providing the notified service without sufficient and reasonable cause, he may impose a penalty at the rate specified from time to time as prescribed in the rules framed under this Act for such delay on the Designated Public Servant:
Provided that the Designated Public Servant shall be given a reasonable opportunity of being heard before any penalty Is imposed on him.
(2) Where the Reviewing Authority is of the opinion that the Appellate Authority has failed to decide the appeal within the stipulated time lim it without any sufficient and reasonable cause, he may impose a penalty on Appellate Authority at the rate specified from time to time as prescribed in the rules framed under this Act:
Central Act 5 of 1908 1196 THE ASSAM GAZETTE, EXTRA ORDINARY, MAY 2, 2012 Non-Compliance amounting to misconduct Bar on jurisdiction of Civil Court Power of the State Government to send the applications to Appellate Authority directly Protection of action taken in good faith
Provided that the Appellate Authority shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(3) The penalty as imposed under the above provisions of the Act shall be charged from the Designated Public Servant, Appellate Authority and concerned subordinate staff, as the case may be and in the proportion to be decided by, the Appellate Authority or the Reviewing Authority, as the case may be, as prescribed in the rules framed under this Act from time to time.
(4) The penalty so imposed shall be in addition to that provided in any other Act, rules, regulations and notifications already existing.
10. Non-compliance of the orders of the Appellate Authority, unless pending in second appeal or modified by the Reviewing Authority, or of the orders of the Reviewing Authority shall amount to misconduct and make the concerned person liable for actions under related provisions, including those that have been laid down for disciplinary action.
11. No Civil Court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal as specified under this Act.
12. Notwithstanding any other provisions of this Act, the State Government, if it receives an application alleging non-compliance of the provisions of this Act, may send the same directly to the - Appellate Authority for taking further actions as per the provision of this Act.
13. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder THE ASSAM GAZETTE, EXTRAORDINARY, MAY 2, 2012 1197 Overriding effect of the Act Power to make rules Power to remove difficulties
14. In relation to the notified services under this Act and its implementation, the provisions of this Act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any instrument having effect by virtue of any law other than this Act.