[Act No. 24 of 2010] [ 18th August, 2010] An Act to provide for the
delivery of services to the people of the State within the stipulated time limit and for matters
connected therewith and incidental thereto. Be it enacted by the Madhya Pradesh Legislature in the
Sixty-first year of the Republic of India as follows :-- (1) This Act may be called the Madhya
Pradesh Lok Sewaon Ke Pradan 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. In this Act, unless the context otherwise requires :-- (a) "designated officer" means
an officer notified as such for providing the service under Section 3; (b) "eligible person" mean
person who is eligible for notified services; (c) "first appeal officer" means
an officer who is notified as such under Section 3; (d) "prescribed" means
prescribed by the rules made under this Act; (e) "right to service" means
right to obtain the service within the stipulated time limit under Section 4; (f) "service" means any service
notified under Section 3; (g) "second appellate authority"
means an officer who is notified as such under Section 3; (h) "State Government" means the
Government of Madhya Pradesh; . (i) "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 the
services, designated officers, first appeal officers, second appellate
authority and stipulated time limits to which this Act shall apply. The designated officer shall provide the service notified
under Section 3 to the person eligible to obtain the service, within the
stipulated time limit. (1) Stipulated time limit shall start from
the date when required application for notified service is submitted to the
designated officer or to a person subordinate to him authorized to receive the
application. Such application shall be duly acknowledged. (2) The designated officer on receipt of
an application under sub-section (1) shall within the stipulated time limit
either provide service or reject the application and in case of rejection of
application, shall record the reasons in writing and intimate to the applicant, (1)
Any person, whose
application is rejected under sub-section (2) of section 5 or who is not
provided 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 specified
period or may reject the appeal. (3) A second appeal against decision of
first appeal officer shall lie to the second 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 second 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) Along with the order to provide service, the second
appellate authority. may impose penalty according to the provisions of section
7. (5)
(a) If the designated
officer does not comply sub-section (1) of section 5, then the applicant
aggrieved from such non-compliance 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 the order of
providing the service under sub-section (2) of section 6, then the applicant
aggrieved from such non-compliance may submit an application directly to the
second appellate authority. This application shall be disposed of in the manner
of second 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 (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 appellant; and (c) any other matter which may be
prescribed. (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 a
lump sum penalty which shall not be less than 500 rupees and not more than 5000
rupees. (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 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 recommend 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 make an application for revision to the officer nominated by the
State Government within the period of 60 days from the date of that order, who
shall dispose of the application according to the prescribed procedure: Provided that the officer nominated by the State Government
may entertain the application after the expiry of the said period of 60 days,
if it is satisfied that the application could not be submitted in time for the
sufficient cause . 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 thereunder. (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. If any difficulty arises in giving effect to the provisions
of this Act, the State Government may by order, not inconsistent with the
provisions of this Act, remove 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.THE
MADHYA PRADESH LOK SEW AON KE PRADAN KI GUARANTEE ADHINIYAM, 2010
PREAMBLE