Section 17 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Powers of State Appellate Authority and procedure before it
Bare section text
Official Legislative Text
17.
- (1)The Authority shall, for the purposes of its functions under this Act, have the same powers as are vested in a civil court under the Code of Civil Procedure, 1908 in respect of the following matters, namely:-
- (i)summoning and enforcing the attendance of any person and examining him on oath;
- (ii)discovery and production of any document or other material object producible as evidence;
- (iii)receiving evidence on affidavits;
- (iv)requisitioning of any public record;
- (v)issuing commission for the examination of witnesses;
- (vi)such other matter which may be prescribed.
- (2)The Authority shall not be bound by the procedure laid down in the Code of Civil Procedure, 1908 but shall be guided by the principles of natural justice and subject to the other provisions of this Act and of any rules made there under, the Authority shall have the power to regulate its own procedure.
Educational Study Layer
Summary
- The State Appellate Authority has the same powers as a civil court, which is a court that decides non-criminal disputes, under the Code of Civil Procedure, 1908, for specific matters like summoning people and receiving evidence.
- The Authority can summon, which means order to appear, and enforce the attendance of any person and examine them on oath.
- The Authority has the power to discover and order the production of documents or other material objects that can be produced as evidence.
- The Authority can receive evidence on affidavits, which are written statements sworn to be true, and requisition, which means officially demand, any public record.
- The Authority can issue commissions, which are official orders giving authority to a person, for the examination of witnesses.
- The Authority is not bound by the strict procedures of the Code of Civil Procedure, 1908, but must follow the principles of natural justice, which mean fair play and a right to be heard, and can regulate its own procedure.
Practical examples
FAQ
1. Is the State Appellate Authority bound to follow the Code of Civil Procedure, 1908, in all its hearings under Section 17?
No, under Section 17 of the Act, the Authority is not bound by the procedure laid down in the Code of Civil Procedure, 1908, but is guided by the principles of natural justice and can regulate its own procedure.
2. Can the State Appellate Authority force a witness to attend a hearing under Section 17?
Yes, under Section 17 of the Act, the Authority has the power to summon and enforce the attendance of any person and examine them on oath, similar to a civil court.
3. What powers does the State Appellate Authority have regarding documents under Section 17?
Under Section 17 of the Act, the Authority has the power to order the discovery and production of any document or material object that can be used as evidence, as well as to requisition public records.
Practice Quiz
Q1.Under Section 17 of this Act, an officer argues that the State Appellate Authority cannot accept written evidence on an affidavit because it is not a formal civil court. Is this argument correct?
Q2.Under Section 17 of this Act, which of the following is NOT a power explicitly granted to the State Appellate Authority?
Q3.Under Section 17 of this Act, a department head refuses to share a public record with the State Appellate Authority, claiming the Authority must follow the strict, formal steps of the Code of Civil Procedure, 1908, to demand it. Is this claim valid?
Q4.Under Section 17 of this Act, what core guiding principle must the State Appellate Authority follow when it regulates its own procedure?