Sl.No.

Title

Page No.

1.    

Short title, extent and commencement

2

2.

Definitions

2-3

3

Notification of designated officers   and First Appeal authorities.

3

4

Notification of specified services

3

5

Right to service within stipulated time

4

6

Disposal of application

4

7

First Appeal

4-5

8

Appointment of Chief Commissioner  and Commissioners

5

9

Second appeal

5

10-12

Powers and functions

of the Chief Commissioner and Commissioner

5-6

13

Procedure for appeals

6

14

Penalty

6-7

15

Disciplinary action

7

16

Protection of action taken in good faith

7

17

Bar of Jurisdiction

7

18

Bar on appearance of advocates

7

19

Power to make rules

7

Short title, extent and commencement

1.    

1)      This Act may be called the Madhya Pradesh Nagrik Sewayom ka Samay Seema Mein Pradan Karne Ki Guarantee Vidheyak, 2010.

2)      It shall extend to the whole of Madhya Pradesh.

3)      It shall come into force on such date as the State Government may by notification in the official Gazette appoint.

Definitions

2.

In this Act, unless the context otherwise requires:-

a.      “conditions precedent” means the conditions as may have been prescribed under the law or executive instructions of the relevant scheme which must be fulfilled for becoming eligible to obtain the notified service

b.      "designated officer" means the  officer of the State and the public authority  who is notified under section 2 and is responsible for delivering the notified service

c.       "First Appeal Officer" means the officer of the State or the public authority who has been notified as such  under section 3  of this Act;

d.     "prescribed" means prescribed by the rules made under this Act

e.      "public authority" means any authority or body or institution established or constituted by  the State Government under a law or through executive orders and shall also include any    body owned, controlled or financed by the State Government;

f.        "right to service " means right to obtain the notified service within the stipulated time limit as prescribed in the notification under Section 4.

g.      “notified Service” shall mean the services notified under Section 4 of this Act.

h.      "Chief Commissioner for public service  " and the " Commissioner for public service" shall mean the Chief Commissioner and the Commissioner appointed under Section 8

i.        "State Government" means the Government of Madhya Pradesh;

j.        "stipulated time limit" means time period within which the service shall be delivered by the designated officer to the applicant or the appeal shall be decided by the appellate authority as the case may be.

k.      scheme - means such guidelines as may be prescribed by the competent authority, for compliance in the process of delivering a notified service.

Notification of designated officers   and First Appeal authorities.

3

The State Government shall immediately after the commencement of this Act notify the designated officer and the first appeal officer.

Notification of specified services

4

The State Government may notify in prescribed manner such services whose delivery within stipulated time limit shall be guaranteed under this Act.

Such notification shall inter alia contain the name of office, description of service, designated officer, First Appeal officer, Chief Commissioner or Commissioner authorized to hear the second appeal and stipulated time limit.

Right to service within stipulated time

5

Any person who fulfills the conditions precedent shall have the right to the notified service.

Disposal of application

6

(1)    Every person who desires to obtain the notified service, shall make an application in writing in the manner prescribed under scheme to the designated officer.

(2)    An acknowledgement of every application received under subsection (1) above shall be issued in writing to the applicant duly signed with date and office seal affixed therein.

(3)    The designated officer on receipt of an application under section 6 shall within the stipulated time limit either provide the service or reject the application.

(4)    The designated officer may direct the applicant to submit such additional information or documents as may be deemed necessary.

(5)    When an application has been rejected under sub- section (1), the person making such application shall be communicated in writing -

(i)             the reasons for such rejection,

(ii)          the period within which an appeal against such rejection may be preferred, and

the particulars of the appellate authority.

First Appeal

7

(1)     A person who is aggrieved by either the rejection of his application or on the occurrence of delay in delivery of service may within thirty days from the date of such rejection or the occurrence of delay in delivery of service may prefer an appeal to the first appeal officer.  

(2)     The delay in the delivery of the service by the designated officer shall be deemed to have occurred if the notified service is not delivered in the stipulated time as notified under section 4;

-  Provided that the appeal may be admitted even after the expiry of limitation if the first appeal officer is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(3)     The first appeal officer on receipt of an appeal under sub section 1 shall within the stipulated time limit either reject the appeal or direct the designated officer to reconsider the application.

(4)     Where a first appeal has been rejected under sub- section (2), the person making the appeal shall be communicated in writing -

                        i.        the reasons for such rejection,

                      ii.        the period within which an appeal against such rejection may be preferred, and

                   iii.        the particulars of the appellate authority.

Appointment of Chief Commissioner  and Commissioners

8

The State Government shall notify an officer called as the Chief Commissioner for the public services and such other officer as Commissioner for the public services to exercise the powers conferred and perform the functions assigned to them under this Act or the rules made there-under.

Second appeal

9

(1)     A person who is aggrieved by the order of the first appeal officer or the delay in passing such order may prefer a second appeal within ninety days of the order or the occurrence of delay to the Chief Commissioner or the Commissioner, as the case may be.

(2)     The delay in passing the order by the first appeal officer shall be deemed to have occurred if the order is not passed by him in the stipulated time as notified under Section 4;

-  Provided that the Chief Commissioner or the Commissioner may admit the second appeal after the expiry of the period of ninety days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

Powers and functions

of the Chief Commissioner and Commissioner

10

(1)     It shall be the duty of the Chief Commissioner and the Commissioner to receive and hear appeals for which he has been authorized under this Act.

(2)     The Chief Commissioner or a Commissioner  while inquiring into any matter under this section shall have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely:-

a.      summoning and enforcing the attendance of persons and compel them to give oral or written evidence on oath and to produce the documents or things;

b.      requiring the discovery and inspection of documents;

c.       receiving evidence on affidavit;

d.      requisitioning any public record or copies thereof from any office;

e.      issuing summons for examination of witnesses or documents; and

f.        any other matter which may be prescribed.

11

The Chief Commissioner or a Commissioner, as the case may be,

(a)   may order the designated officer to reconsider the request for service

(b)   reject the appeal

(c)    impose the penalty provided under this Act;

(d)  recommend compensation be paid to the applicant  for any loss suffered by him

12

The Chief Commissioner or a Commissioner or a first appeal officer shall not direct the designated officer to provide the service to an applicant.

Procedure for appeal

13

The Chief Commissioner, the Commissioner and the first appeal officer shall decide the appeal in accordance with such procedure as may be prescribed.

Penalty

14

Where the State  Commissioner or a Commissioner, as the case may be, is of the opinion that the designated officer, refused to provide the service  or  provided the service after expiry of the   stipulated time or provided insufficient service or that the first appeal officer did not decide the appeal within the stipulated time;

·            without sufficient and reasonable cause, he may impose penalty not exceeding two  thousand five hundred rupees on the designated officer or the first appeal officer, as the case may be;

Provided that the designated officer or First Appeal Officer, as the case may be, shall be given a reasonable opportunity of being heard before any penalty is imposed on him:

Disciplinary action

15

The Chief Commissioner or the Commissioner, as the case may be, if he is satisfied that the designated officer or first appellate officer failed to discharge the duties assigned to him under this Act, without sufficient and reasonable cause, may recommend disciplinary action against the delinquent officer to the competent authority.

Protection of

action taken in

good faith

16

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 there-under.

Bar of Jurisdiction

17

No 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 provided under this Act.

Bar on appearance of advocates

18

Notwithstanding anything contained in any enactment in force for the time being no advocate shall appear in any proceedings before the designated officers, first appeal officer, Chief Commissioner and Commissioner, as the case may be. 

Power to make rules

19

(1)     The State Government may, by notification     in the official gazette, make rules to carry out the provisions of this Act.

(2)     Every rule made under this Act by the State Government shall be laid before the State Legislature.