Section 12 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Constitution of State Appellate Authority

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Official Legislative Text

12.

(1)The State Government shall, by notification in the Official Gazette, constitute one or more State Appellate Authority to exercise the powers conferred on or imposed upon and to perform functions assigned to the Authority under this Act.
(2)A State Appellate Authority shall consist of such number of members, not exceeding three, as may be prescribed.

Educational Study Layer

Summary

The State Government must set up one or more State Appellate Authorities, which are high level bodies that hear final appeals under the Act, by publishing a notification in the Official Gazette, which is the government's official news publication.
The purpose of these Authorities is to use the powers and perform the duties given to them under this Act.
Each State Appellate Authority must have a specific number of members, but this number cannot be more than three.
The exact number of members for each Authority is decided by rules made under this Act.

Practical examples

1The State Government of Gujarat decides to handle appeals more efficiently. On June 1, 2024, they publish an official notification in the Official Gazette to establish two separate State Appellate Authorities, one for North Gujarat and one for South Gujarat, to handle local appeals under the Act.

2The State Government plans to appoint four members to a newly constituted State Appellate Authority to handle a large backlog of public service complaints. However, under the rule, they cannot do this because the maximum number of members allowed for any single State Appellate Authority is three. Therefore, they limit the appointment to three members.

FAQ

1. How many members can a State Appellate Authority have under Section 12?

Under Section 12 of the Act, a State Appellate Authority can consist of a specific number of members as prescribed by rules, but this number cannot exceed three.

2. Who has the power to set up a State Appellate Authority under Section 12?

Under Section 12 of the Act, the State Government has the power to constitute one or more State Appellate Authorities by publishing a notification in the Official Gazette.

3. Can the State Government establish more than one State Appellate Authority under Section 12?

Yes, under Section 12 of the Act, the State Government can constitute one or more State Appellate Authorities as needed to exercise powers and perform functions.

Practice Quiz

Q1.Under Section 12 of this Act, the State Government of Gujarat wants to create a special State Appellate Authority with a chairperson and three other members to handle service delivery appeals. Is this membership structure allowed?

Q2.Under Section 12 of this Act, the State Government wants to establish a new State Appellate Authority to handle complaints. How must they officially announce and establish this body?

Q3.Under Section 12 of this Act, the State Government wants to set up three separate State Appellate Authorities at the same time to address a high volume of appeals in different regions. Is this permissible?

Q4.Under Section 12 of this Act, a citizen wants to know where the rules specifying the exact number of members (under the maximum limit) for a State Appellate Authority come from. How are they determined?

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