The uttar pradesh janhit guarantee adhiniyam, 2011

THE UTTAR PRADESH JANHIT GUARANTEE ADHINIYAM, 2011 
[U. P. Act No. 3 0f 2011 | 
ARRANGEMENT OF SECTIONS 
SECTIONS : 
1- Short title, extend and commencement 
2- Definitions 
3- Notification‘ of services, designated, officers first appeal officers, second appellate 
authority and stipulated time limits 
4- Right to obtain service within stipulated time limit 
S- Providing services in stipulated time limit. 
6- Appeal 
7- Penalty 
8- Revision 
9-'Protection of action taken in good faith 
10- Powers to make rules 
11- Powers to remove difficulties 
12- Repeal and saving
Short title, extend and commencement 
Definitions 
Notification of services, designated, officers first appeal officers, second 
appellate 
authority and stipulated time Umits 
THE UTTAR PRADESH JANHIT GUARANTEE ADHINIYAM, 20111 
[U. P. Act No. 3 of 2011 ] 
[ In pursuance of the provisions of clause (3) of Article 348 
of the Constitution, the Governor is pleased to order the 
publication of the following English translation of the Uttar 
Pradesh Janhit Guarantee Adhiniyam, 2011 (Uttar Pradesh 
Adhiniyam Sankhya 3 of 2011) as passed by the Uttar Pradesh 
Legislature and assented to by the Governor on March 03, 2011. ] 
AN 
ACT 
to provide for the delivery of services to the people of the 
State within stipulated time limit and for matters connected 
therewith and incidental thereto. 
IT 15 HEREBY enacted in the Sixty-Second Year of the 
Republic of India as follows :— 
1. (1) This Act may be called the Uttar Pradesh Janhit 
Guarantee Adhiniyam, 2011. 
(2) It shall extend to the whale of Uttar Pradesh. 
(3) 1t shall be deemed to have come into force on January 14, 
2011. 
2. 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” 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. 
3. The State Government may, from time to time, notify the 
services, designated officers, first appeal officers, second appellate 
authority and stipulated time limits therefor. 
1. For SOR see at the end of this Act. 
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[The Uttar Pradesh Janhit Guarantee Adhiniyam. 2011] 
Right to obtain service within stipulated time lmit 
Providing services in 
stipulated 
time limit. 
Appeal 
4. The designated officer shall provide the service notified under 
scction 3 to the eligible person. 
5. (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, he shall 
record the reasons in writing and intimate the applicant. 
6. (1) Any person, whase application is rejecied under sub- 
section (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. 
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[The Uttar Pradesh Janhit Guarantee Adhiniyam. 2011] 
Penalty 
Revislon 
(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 
(¢} any other matter which may be prescribed. 
7. (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. 
8. 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 ; 
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[The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011] 
Protection of 
action taken 
in good faith 
Powers to 
make rules 
Powers to 
remove 
difficulties 
Repeal and saving 
uP. 
Ordinance 
no. 1 0f2011 
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. 
9. 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. 
10. The State Government may, by notification in the Gazette, 
make rules for carrying out the provisions of this Act. 
11. (1) Hf any 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. 
12. (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. 
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[The Uttar Pradesh Janhit Guarantee Adhiniyam, 2011) 
STATEMENT OF OBJECTS AND REASONS 
For the delivery of Public services providing by various 
departments of the Uttar Pradesh Government generally no time-limit 
was fixed and neither the competent officers for delivery of such services 
within  stipulated time-limit were properly designated nor their 
responsibilities were fixed, due to which the people of the State were 
facing difficulties. It was, therefore, decided to make a law to provide for 
the delivery of services to the people of the State within stipulated time- 
limit and for matters connected therewith or incidental thereto. 
Since the State Legislature was not in session and immediate 
legislative action was necessary to implement the aforesaid decision, 
the Uttar Pradesh Janhit Guarantee Adhyadesh, 2011 (U. P. 
Ordinances no. 1 of 2011) was promulgated by the Governor on 
January 13, 2011. 
This Bill is introduced to replace the aforesaid Ordinance. 
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