(1) An eligible person shall make an application to the Designated Officer for obtaining any service under the provisions of this Act.
(2) The Designated Officer shall, on receipt of an application under sub-section (1), provide service or reject the application within the given time limit and in case of rejection of application, shall record the reasons in writing and intimate the same to the applicant.
(3) Every Designated Officer shall maintain detailed records of services applied for in a format as may be prescribed.
First Appeal 6. (1) Any eligible person, whose application for obtaining service is rejected under sub-section (2) of section 5 or who is not provided the service within the given time limit may file and appeal to the - 16 - First Appellate Authority within thirty days form the date of rejection or the expiry of the given time limit, as the case may be.
(2) On receipt of an appeal under sub-section (1), the First Appellate Authority shall consider the matter and if in its opinion the grievance of the eligible person appears to be genuine, it may direct the Designated Officer to provide the service within such period, as may be specified by it and in case of default to appear before it in person and explain reasons thereof.
(3) After affording an opportunity of hearing to the Designated Officer and the eligible person, the First Appellate Authority may pass an order either accepting the appeal or rejecting the same by an order made in writing and in the case of rejection, the reasons for rejection shall be specified by it in such order and shall communicate the same to the eligible person.
(4) An appeal made under sub-section (1) shall be finally disposed of by the First Appellate Authority, as far as possible, within a period of thirty days of its receipt.
Second appeal 7. (1) Any eligible person, whose appeal for obtaining service is rejected or who is not provided the service within the time specified by the First Appellate Authority under section 6, may file an appeal to the Second Appellate Authority within thirty days from the date of such rejection or the expiry of the time specified by the First Appellate Authority.
(2) On receipt of an appeal under sub-section (1), the Second Appellate Authority may pass an order either accepting the appeal and directing the Designated Officer to provide service to the eligible person within such period as may be specified or reject the same in writing detailing the reasons for such rejection :
Provided that before rejecting the appeal, as opportunity of hearing to the eligible person shall be granted by the Second Appellate Authority:
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Provided further that an order made by the Second Appellate Authority under this section shall be communicated to the eligible person :
Provided further that the appeal made under sub-section (1) shall be decided by the Second Appellate Authority, as far as possible, within a period of sixty days from the date of receipt of appeal.
Power to summon and inspection
8. The First Appellate Authority and the Second Appellate Authority shall, while deciding an appeal under the provisions of this Act, have the same powers as are vested in a civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters; namely :-
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the Designated Officer and the appellant; and
(c) any other matter which may be prescribed.
Penalty 9. (1) (a) Where the Second Appellate Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has/have failed to provide service without sufficient and reasonable cause, it may impose a lump sum penalty on the Designated Officer and/or any other official involved in the process of providing such service which shall not be less than rupees five hundred and not more than rupees five thousand;
(b) Where the Second Appellate Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has/have caused undue delay in providing the service, it may impose a penalty at the rate of rupees two hundred and fifty per day for such delay on the Designated Officer and/or any official involved in the process of providing such service, which shall not be more than rupees five thousand :
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Provided that the Designated Officer and/or any other official involved in the process of providing such service shall be given a reasonable opportunity of being heard before any penalty is imposed on him/them under sub-section (a) and (b).
(2) The Second Appellate Authority may, by an order give such amount as compensation to the appellant out of the amount of the penalty imposed under sub-section (1), as may be specified by it, which shall not exceed that total amount of the penalty so imposed.
(3) The Second Appellate Authority may, if it is satisfied that the Designated Officer and/or any other official involved in the process of providing such service has/have failed to discharge the duties assigned under this Act without sufficient and reasonable cause, recommend disciplinary action against the defaulters under the service rules applicable to them in addition to the penalty imposed under sub-section (1).
Revision 10. [Any person may, who is aggrieved by any order of the Second Appellate Authority make an application for revision of the said order to the Commission within a period of sixty days from the date of such order, which shall be disposed of in the manner as may be prescribed:
Provided that the Commission may acknowledge for revision suo motu;
Provided further that the Commission may entertain the application after the expiry of the said period of sixty days, if it or he is satisfied that the application could not be submitted in time for a reasonable cause.]
1 1-substituted by section 2 of Uttrakhand Act, No. 01 of 2014.
- 19 - Display of services and given time limit
11. The services and the given time limit shall be displayed locally and on website by the Secretary of the Concerning Department for information of the public.
Constitution of the Commission