THE MADHYA PRADESH LOK SEWAON KE PRADAN KI GUARANTEE ADHINIYAM, 2010

PREAMBLE

What is the Act number of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The Act is Madhya Pradesh Act No. 24 of 2010.

When did the Governor give assent to the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The Governor gave assent on 17 August 2010.

When was the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 first published?

It was first published in the Madhya Pradesh Gazette (Extraordinary) on 18 August 2010.

What is the objective of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The Act aims to provide delivery of public services to the people of the State within a stipulated time limit.

What additional matters does the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 cover besides service delivery?

It covers matters connected with and incidental to the delivery of services within the stipulated time limit.

By whom was the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 enacted?

It was enacted by the Madhya Pradesh Legislature.

In which year of the Republic of India was the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 enacted?

It was enacted in the Sixty-first year of the Republic of India.

SECTION 1- SHORT TITLE, EXTENT AND COMMENCEMENT

What is the short title of the Act under Section 1(1)?

The Act may be called the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Vidheyak, 2010.

To which area does the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Act extend?

It extends to the whole of Madhya Pradesh.

When does the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Act come into force?

It comes into force on such date as the State Government may appoint by notification in the Official Gazette.

SECTION 2- DEFINITIONS

What is the subject matter of Section 2 of the Act?

Definitions.

What is meant by “application form” under Section 2(a)?

“Application form” means an application which shall be filled on the designated portal by the applicant.

What is meant by “deemed approval” under Section 2(b)?

“Deemed approval” means an approval generated by the designated portal in accordance with Section 5(3) without intervention of any person.

What is meant by “designated entity” under Section 2(c)?

“Designated entity” means an entity notified by the State Government for administering the designated portal.

What is meant by “designated officer” under Section 2(d)?

“Designated officer” means an officer notified for providing the service under Section 3.

What is meant by “designated portal” under Section 2(e)?

“Designated portal” means an electronic system maintained by the designated entity for delivering services.

What is meant by “eligible person” under Section 2(f)?

“Eligible person” means any person eligible for receiving notified services.

What is meant by “first appeal officer” under Section 2(g)?

“First appeal officer” means an officer notified as such under Section 3.

What is meant by “fraud” under Section 2(h)?

“Fraud” means an act defined under section 320 of the BNS or section 17 of the Indian Contract Act, 1872.

What is meant by “prescribed” under Section 2(i)?

“Prescribed” means prescribed by the rules made under the Act.

What is meant by “right to service” under Section 2(j)?

“Right to service” means the right to obtain the service within the stipulated time limit under Section 4.

What is meant by “second appellate authority” under Section 2(k)?

“Second appellate authority” means an officer notified as such under Section 3.

What is meant by “service” under Section 2(l)?

“Service” includes permissions and means any service notified under Section 3.

What is meant by “State Government” under Section 2(m)?

“State Government” means the Government of Madhya Pradesh.

What is meant by “stipulated time limit” under Section 2(n)?

“Stipulated time limit” means the maximum time within which the service is to be provided by the designated officer or the appeal is to be decided by the first appeal officer as notified under Section 3.

SECTION 3- NOTIFICATION OF SERVICES, DESIGNATED OFFICERS, IRST APPEAL OFFICERS, SECOND APPELLATE AUTHORITY AND STIPULATED TIME LIMITS

What power is given to the State Government under Section 3 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The State Government may notify the services, designated officers, first appeal officers, second appellate authority and stipulated time limits to which the Act shall apply.

What is mentioned under section 3(2) of the act?

The state government from time to time, notify services to which provision of deemed approval shall apply.

SECTION 4- RIGHT TO OBTAIN SERVICE WITHIN STIPULATED TIME LIMIT

What duty is imposed on the designated officer under Section 4 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer shall provide the notified service to the eligible person within the stipulated time limit.

Who is responsible for providing the notified service under Section 4 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer is responsible for providing the service.

Within what time must the designated officer provide the service under Section 4 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The service must be provided within the stipulated time limit.

SECTION 5- PROVIDING SERVICE IN STIPULATED TIME LIMIT

What is the subject matter of the given provision?

Submission of application for obtaining notified service.

To whom may an application for obtaining the notified service be submitted?

To the designated officer.

To whom else may an application for obtaining the notified service be submitted?

To a subordinate authorized by the designated officer.

Who else may receive applications for obtaining notified service?

Such other persons as may be authorized by the State Government.

How shall an application submitted for obtaining notified service be treated?

It shall be duly acknowledged.

From which date shall the stipulated time limit commence?

From the date of submission of the application.

What triggers the commencement of the stipulated time limit?

Submission of the application for obtaining the notified service.

What must the designated officer do upon receiving an application under Section 5(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer shall within the stipulated time limit either provide the service or reject the application.

What must the designated officer do if the application is rejected under Section 5(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer shall record the reasons in writing and intimate them to the applicant.

Under what condition shall deemed approval for a notified service be generated?

When the designated officer fails to take a decision within the stipulated time-limit on applications received for a service notified under sub-section (2) of Section 3.

By whom shall deemed approval for the service be generated?

By the designated portal.

To which applications does the provision of deemed approval apply?

Applications received for a service notified under sub-section (2) of Section 3.

What is the legal effect of deemed approval generated by the designated portal?

It shall have the same force of law as approval duly granted by the designated officer.

What is the consequence of approval generated under sub-section (3) with respect to Sections 6 and 7?

Such approval shall not attract the provisions of Section 6 and Section 7.

Under what circumstance shall the designated officer revoke the service?

Where the service was received by fraudulent act or submission of false information.

What is the effect of revocation by the designated officer under sub-section (5)?

The service shall be revoked with immediate effect.

SECTION 6- APPEAL

Who may file an appeal under Section 6(1) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Any person whose application is rejected under Section 5(2) or who is not provided the service within the stipulated time limit may file an appeal.

Within what time can an appeal be filed before the first appeal officer under Section 6(1) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The appeal may be filed within thirty days from the date of rejection of the application or expiry of the stipulated time limit.

Can the first appeal officer admit an appeal after thirty days under Section 6(1) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Yes, if satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

What textual change is made in the proviso to sub-section (1)?

The full stop is substituted by a colon and a further proviso is inserted.

Who may act on his own motion under the further proviso to sub-section (1)?

The First Appeal Officer.

What record may be called for by the First Appeal Officer on his own motion?

The record of an application submitted under sub-section (1) of Section 5.

In which cases may the First Appeal Officer call for the record under the further proviso to sub-section (1)?

Where the application has been rejected or has been pending beyond the stipulated time limit.

What power is conferred upon the First Appeal Officer after calling for the record?

To pass such order as may be deemed appropriate.

What textual change is made in the proviso to sub-section (3)?

The full stop is substituted by a colon and a further proviso is inserted.

Who may act on his own motion under the further proviso to sub-section (3)?

The Second Appellate Authority.

What record may be called for by the Second Appellate Authority on his own motion?

The record of an appeal filed under sub-section (1).

In which cases may the Second Appellate Authority call for the record?

Where the appeal has been rejected or has been pending beyond the stipulated time limit before the First Appeal Officer.

What power is conferred upon the Second Appellate Authority after calling for the record?

To pass such order as may be deemed appropriate.

What powers does the first appeal officer have under Section 6(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The first appeal officer may order the designated officer to provide the service within a specified period or may reject the appeal.

What is provided under Section 6(2A) of the M.P. Lok Sevaon Ke Pradan Ki Garantie Adhiniyam, 2010?

First Appellate Officer may refer the matter to Second Appellate Authority for imposing penalty.

When may the First Appellate Officer make a reference under Section 6(2A)?

During hearing of the appeal.

What is the first ground for reference under Section 6(2A)?

Service was not provided within stipulated time despite applicant fulfilling all requirements.

What is the second ground for reference under Section 6(2A)?

Application was rejected without assigning sufficient reasons.

Who must have failed to provide service under Section 6(2A)?

Designated Officer.

To whom may the First Appellate Officer make a reference under Section 6(2A)?

Second Appellate Authority.

For what purpose is reference made under Section 6(2A)?

To impose penalty on the Designated Officer.

Under which provision is penalty imposed under Section 6(2A)?

Section 7(1).

Is a second appeal provided under Section 6(3) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Yes, a second appeal lies to the second appellate authority against the decision of the first appeal officer.

Within what time can a second appeal be filed under Section 6(3) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The second appeal may be filed within sixty days from the date of the decision of the first appeal officer.

Can the second appellate authority admit a second appeal after sixty days under Section 6(3) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Yes, if satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

What power does the second appellate authority have under Section 6(4)(a) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The second appellate authority may order the designated officer to provide the service within a specified period or may reject the appeal.

What additional power does the second appellate authority have under Section 6(4)(b) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Along with the order to provide service, the second appellate authority may impose penalty according to Section 7.

What remedy is available if the designated officer does not comply with Section 5(1) under Section 6(5)(a) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The aggrieved applicant may submit an application directly to the first appeal officer and it shall be disposed of as a first appeal.

What remedy is available if the designated officer does not comply with the order under Section 6(2) according to Section 6(5)(b) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The aggrieved applicant may submit an application directly to the second appellate authority and it shall be disposed of as a second appeal.

What powers are given to the first appeal officer and second appellate authority under Section 6(6) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

They have the same powers as a civil court under the Code of Civil Procedure, 1908 while deciding an appeal.

What matters can the first appeal officer and second appellate authority deal with using civil court powers under Section 6(6)(a) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Requiring the production and inspection of documents.

What matter is covered under Section 6(6)(b) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 regarding civil court powers?

Issuing summons for hearing to the designated officer and the appellant.

What matter is covered under Section 6(6)(c) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 regarding civil court powers?

Any other matter which may be prescribed.

SECTION 7- PENALTY

When may the second appellate authority impose a lump sum penalty on the designated officer under Section 7(1)(a) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

When the designated officer fails to provide service without sufficient and reasonable cause.

What is the amount of lump sum penalty under Section 7(1)(a) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The penalty shall not be less than 500 rupees and not more than 5000 rupees.

When may the second appellate authority impose a daily penalty under Section 7(1)(b) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

When the designated officer causes delay in providing the service.

What is the rate of daily penalty for delay under Section 7(1)(b) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The penalty is 250 rupees per day for the delay, subject to a maximum of 5000 rupees.

What procedural safeguard is provided before imposing penalty under Section 7(1) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer shall be given a reasonable opportunity of being heard.

When may penalty be imposed on the first appeal officer under Section 7(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

When the first appeal officer fails to decide the appeal within the stipulated time limit without sufficient and reasonable cause.

What is the amount of penalty on the first appeal officer under Section 7(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The penalty shall not be less than 500 rupees and not more than 5000 rupees.

What is provided under Section 7(3) of the M.P. Lok Sevaon Ke Pradan Ki Garantie Adhiniyam, 2010?

Second Appellate Authority may award compensation to the appellant from imposed penalty.

From what source may compensation be given under Section 7(3)?

Penalty imposed under sub-section (1) or (2) or both.

Who may receive compensation under Section 7(3)?

Appellant.

What is the limit of compensation under Section 7(3)?

Compensation shall not exceed the imposed penalty.

What is provided under Section 7(4) of the M.P. Lok Sevaon Ke Pradan Ki Garantie Adhiniyam, 2010?

Second Appellate Authority may recommend disciplinary action.

Against whom may disciplinary action be recommended under Section 7(4)?

Designated Officer or First Appeal Officer.

What condition must be satisfied under Section 7(4)?

Failure to discharge duties assigned under the Act without sufficient and reasonable cause.

Under which rules is disciplinary action recommended under Section 7(4)?

Service rules applicable to the officer.

What is the subject matter of sub-section (5)?

Application against penalty imposed by the Second Appellate Authority and powers of the nominated officer.

When may an appellant make an application to the officer nominated by the State Government under Section 8?

When he is not satisfied with the penalty imposed, if any, by the Second Appellate Authority under sub-section (1) or (2).

To whom may the appellant make an application under sub-section (5)(a)?

To the officer nominated by the State Government under Section 8.

Whom shall the nominated officer give an opportunity of being heard before imposing penalty under sub-section (5)(b)?

The First Appeal Officer or the Designated Officer, as the case may be.

What is the maximum penalty that may be imposed by the nominated officer under sub-section (5)(b)?

A penalty which may extend to 5000 rupees including the penalty earlier imposed, if any.

What additional action may the nominated officer take under sub-section (5)(b)?

Recommend disciplinary action against the officer concerned.

Under what condition may the nominated officer recommend disciplinary action instead of imposing penalty under sub-section (5)(b)?

For adequate and special reason to be mentioned in the order.

What satisfaction enables the nominated officer to proceed against the Second Appellate Authority under sub-section (5)(c)?

Satisfaction that the Second Appellate Authority imposed an inadequate penalty, delayed proceedings, or acted in a manner not conducive to implementation of the Act.

What opportunity must be given before imposing penalty on the Second Appellate Authority under sub-section (5)(c)?

Opportunity of being heard.

What is the maximum penalty that may be imposed on the Second Appellate Authority under sub-section (5)(c)?

A penalty which may extend to 5000 rupees.

What additional action may the nominated officer take against the Second Appellate Authority under sub-section (5)(c)?

Recommend disciplinary action against him.

Under what condition may the nominated officer recommend disciplinary action only against the Second Appellate Authority?

For adequate and special reason to be mentioned in the order.

SECTION 8- REVISION

Who may file a revision application under Section 8 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The designated officer or first appeal officer aggrieved by an order of the second appellate authority imposing penalty may file a revision application.

To whom can the revision application be made under Section 8 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The revision application may be made to the officer nominated by the State Government.

Within what time must the revision application be filed under Section 8 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The revision application must be filed within 60 days from the date of the order.

What power does the officer nominated by the State Government have regarding delayed revision applications under Section 8 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The officer may entertain the application after 60 days if satisfied that sufficient cause prevented filing it in time.

SECTION 8A- REVIEW OF ORDER OF NOMINATED OFFICER

What is the subject matter of Section 8A?

Review application by the Second Appellate Authority against an order under section 7(5)(c).

Who may make an application for review under Section 8A?

The Second Appellate Authority aggrieved by an order passed under clause (c) of sub-section (5) of section 7.

Against which order may a review application be made under Section 8A?

An order passed under clause (c) of sub-section (5) of section 7.

To whom shall the review application under Section 8A be made?

To the nominated officer.

Within what period shall a review application under Section 8A be made?

Within sixty days from the date of the order.

How shall the nominated officer dispose of the review application?

According to the prescribed procedure.

Under what condition may the nominated officer entertain a review application after expiry of sixty days?

If satisfied that the application could not be submitted in time for sufficient cause.

What is the basis for condonation of delay under Section 8A?

Sufficient cause for not submitting the application within time.

SECTION 9-PROTECTION OF ACTION TAKEN IN GOOD FAITH

What protection is provided under Section 9 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

Protection of action taken in good faith under the Act.

What legal proceedings are barred under Section 9 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

No suit, prosecution or other legal proceeding shall lie against any person for acts done in good faith under this Act or rules made thereunder.

SECTION 10- POWER TO MAKE RULES

What power is given to the State Government under Section 10(1) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The State Government may make rules by notification in the Official Gazette to carry out the provisions of the Act.

What requirement is provided under Section 10(2) of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010 regarding rules?

Every rule made under this Act shall be laid before the State Legislature.

SECTION 11- POWER TO REMOVE DIFFICULTIES

What power is given to the State Government under Section 11 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The State Government may issue orders to remove any difficulty in giving effect to the provisions of the Act.

What condition must be followed while removing difficulties under Section 11 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

The order must not be inconsistent with the provisions of the Act.

What is the time limit for exercising the power to remove difficulties under Section 11 of the Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam, 2010?

No such order shall be made after the expiry of two years from the commencement of the Act.