Uttar Pradesh act 003 of 2011 : The UTTAR PRADESH JANHIT GUARNTEE ADHINIYAM-2011

[1] This Act may be called the Uttar Pradesh Janhit Guarantee Adhiniyam, 2011.
[2] It shall extend to the whole of Uttar Pradesh.
[3] It shall be deemed to have come into force on January 14, 2011.

[a]"designated officer"means an officer notified as such for providing the service under section 3 ;
[b]"eligible person" means a person who is eligible for notified services ;
[c]"first appeal officer"means an officer who is notified as such under section 3 ;
[d]"right to service"means right to obtain the service within the stipulated time limit under section 4 ;
[e]"service"means any service notified under section 3 ;
[f]"second appellate authority"means an officer who is notified as such under section 3 ;
[g]"stipulated time limit"means maximum time to provide the service by the designated officer or to decide the appeal by the first appeal officer as notified under section 3.

The State Government may, from time to time, notify theservices, designated officers, first appeal officers, second appellate authority and stipulated time limits therefor.

The designated officer shall provide the service notified undersection 3 to the eligible person.

[1]Stipulated time limit shall start from the date whenrequired application for notified service is submitted to the designatedofficer or to a person subordinate to him authorized to receive theapplication. Such application shall be duly acknowledged.
[2] The designated officer on receipt of an application under subsection[1]shall within the stipulated time limit either provide service orreject the application and in case of rejection of application, he shall record the reasons in writing and intimate the applicant.

[1]Any person, whase application is rejecied under subsection [2]of section S or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit :

[1][a]Where the second appellate authority is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, then he may impose lump sum penalty which shall not be less than 500 rupces and not more than 5000 rupeces.
[b]Where the second appellate authority is of the opinion that the designated officer has caused delay in providing the service, then he may impose a penalty at the rate of 250 rupees per day for such delay on the designated officer, which shall not be more than 5000 rupees :
Provided that the designated officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
[2]Where the second appellate authority is of the opinion that the first appeal officer has failed to decide the appeal within the stipulated time limit without any sufficient and reasonable cause, then he may impose a penalty on first appeal officer which shall not be less than 500 rupees and not more than 5000 rupees :
Provided that the first appeal officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
[3]The second appellate authority may order to give such amount as compensation to the appellant from the penalty imposed under sub-section [1]or[2] or both, as the case may be, which shall not exceed to the imposed penalty.
[4]The second appellate authority, if it is satisfied that the designated officer or the first appeal officer has failed to discharge the duties assigned to him under this Act without sufficient and reasonable cause, may rccommend disciplinary action against him under the service rules applicable to him.

The designated officer or first appeal officer aggrieved by any order of second appellate authority in respect of imposing penalty under this Act, may take an application for revision to the officer nominated by notification by the State Government within the period of 60 days from the date of that order, who shall dispose of the application in such manner as may be prescribed ;

No suit, prosecution or other legal proceedings 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 State Government may, by notification in the Gazette, make rules for carrying out the provisions of this Act.

[1]Hfany difficulty arises in giving effect to the provisions of this Act, the State Government may by order published in the Gazette, make such provisions not inconsistent with the provisions of this Act,.as appear to it to be necessary or expedient for removing the difficulty :
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
[2]The provisions made by any order under sub-section[1]shall have effect as if enacted in this Act and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act.
[3]Every order made under sub-section [1] shall as soon as may be after it is made, be laid before both houses of the State Legislature and the provisions of sub-section [1]of section 23-A of the Uttar Pradesh General Clauscs Act, 1904 shall apply as they apply in respect of rules made by the State Government under any Uttar Pradesh Act.

[1]The Uttar Pradesh Janhit Guarantee Adhyadesh, 2011 is hereby repealed.