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

Section 1.Short title, extent and commencemnt

[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.

Section 2.Definitions

[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.

Section 3.Notification of services, designated, officers first appeal officers, second appellate authority and stipulated time limits

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

Notifications

Year	Description	Hindi Description	Files(Eng)	Files(Hindi)
15-01-2011	2198/1-14-2010-33(100)-2010
19-09-2011	1884/1-14-2011-33(100)-2010
27-11-2013	375/91-2013
26-12-2014	438/91-09-2014
13-08-2015	1/2015-460-91-09-2014
30-06-2017	298/91-2017-194-2017
08-08-2017	331/91-2017-194-2017
27-10-2017	698/91-2017
31-10-2017	717/91-2017
03-05-2018	167/91-2018
22-06-2018	211/91-2018
28-09-2018	337/91-2018
29-07-2019	404/91-2019
02-08-2019	38/91-2019
05-06-2020	151/91-2020
22-08-2020	261/91-2020
01-10-2020	370/91-2020
06-10-2020	349/91-2020
10-11-2020	389/91-2020
24-11-2020	421/91-2020
30-12-2020	413/91-2020
24-03-2021	84/91-2021
22-09-2021	194/91-2021-09/2014
09-11-2021	256/91-2021-09/2014
09-11-2021	263/91-2021-116-2019
09-11-2021	262/91-2021-116-2019
14-12-2021	268/91-2021-09/2014
30-08-2022	350/91-2022-09-2014
16-09-2022	503/91-2022-09-2014
17-10-2022	550/91-2022-09-2014
21-10-2022	556/91-2022-09-2014
28-10-2022	558/91-2022-09-2014
01-11-2022	565/91-2022-09-2014
08-02-2023	15/91-2022-09-2014
14-03-2023	07/91-2023
19-05-2023	26/91-2023-09-2014
29-03-2024	136/91-2024-09-2014

Section 4. Right to obtain service within stipulated time limit

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

Section 5.Providing services in stipulated time limit.

[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.

Section 6.Appeal

[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 :

Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
[2]The first appeal officer may order to the designated officer to provide the service within the period specified in the order or may reject the appeal.
[3]A second appeal against the decision of the first appeal shall lie to the seconhd appellate authority within 60 days from the date on which the decision was made :
Provided that the second appellate authority may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
[4][a]The sccond appellate authority may order to the designated officer to provide the service within such period as he may specify or may reject the appeal.
[b]The second appellate authority, may along with the order to provide services impose penalty according to the provisions of section 7.
[5][a]If the designated officer or the authorized officer as the case may be does not acknowledge the application under sub-section [1]of section 5, then the applicant may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal.
[b]If the designated officer does not comply with the order of providing the service under sub-section (2), then the applicant may submit an application directly to the second appellate authority. This application shall be disposed of in the manner of first appeal.
[6]The first appeal officer and second appellate authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 [Act no. 5 of 1908)]in respect of the following matters, namely :—

[a]requiring the production and inspection of documents ;
[b]issuing summens for hearing to the designated officer and appellant ; and
[c]any other matter which may be prescribed.

Section 7.Penalty

[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.

Section 8.Revision

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 ;

Provided that the officer nominated by the State Government may certain the application after the expiry of the period of 60 days if he is satisfied that the application could not be submitted in time for the sufficient cause.

Section 9.Protection of action taken in good faith

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.

Section 10.Powers to make rules

The State Government may, by notification in the Gazette, make rules for carrying out the provisions of this Act.

Section 11.Powers to remove difficulties

[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.

Section 12.Repeal and saving

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

[2]Notwithstanding such repeal, anything done or any action taken under the Ordinances referred to in sub-section [1]shall be deemed to have been done or taken under this Act as if the provisions of this Act were in force at all material times.