Section 20 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — The staff and officers of the Authority shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code

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Official Legislative Text

Procedure of adjudication by State 20.

(1)The Authority shall, upon adjudication of a complaint, have the power to issue directions requiring the public authority to take such steps as may be necessary to render the services in compliance of the notification issued under section 4.
(2)It shall be the duty of the Authority to receive and inquire into a complaint from any person ,-
1. (a)who has been unable to submit an appeal to the Designated Authority;
2. (b)who has been refused redress of grievance under this Act;
3. (c)whose complaint has not been disposed of within the time limit specified;
4. (d)in respect of any other matter relating to registering and redressing of a complaint or appeal under this Act.

Educational Study Layer

Summary

The staff and officers of the State Appellate Authority are considered public servants.
This status means they have the official responsibilities, liabilities, and legal protections that apply to government officers.
They are subject to the same strict codes of conduct and anti-corruption laws as other government employees.

Practical examples

1Ramesh is hired as an administrative officer in the office of the State Appellate Authority. An applicant, Vinod, offers Ramesh a sum of five thousand rupees to speed up the processing of his appeal under the Act. Because Section 19 of the Act deems Ramesh to be a public servant under Section 21 of the Indian Penal Code, Ramesh can be prosecuted for taking a bribe under the standard anti-corruption laws of India.

2Sunita is a clerk working for the State Appellate Authority. An angry citizen, Rajesh, enters her office and physically prevents her from typing an official order, tearing up the files on her desk. Since Section 19 of the Act makes Sunita a public servant under the Indian Penal Code, Rajesh can be charged with the specific offense of obstructing a public servant in the discharge of public functions.

FAQ

1. Who does Section 19 of the Act apply to?

It applies directly to all the staff members and officers who work for the State Appellate Authority.

Practice Quiz

Q1.An officer working for the State Appellate Authority is accused of accepting a bribe of ten thousand rupees from an appellant. Under Section 19 of the Act, how is this officer's status determined for criminal prosecution?

Q2.A citizen attempts to sue a clerk of the State Appellate Authority for doing their official job. Under Section 19 of the Act, which section determines that this clerk has the official status of a public servant?

Q3.Under Section 19 of the Act, which external law's Section 21 is used to define the public servant status of the Authority's staff?

Q4.Under Section 19 of the Act, if a person obstructs a secretary of the State Appellate Authority from performing their duties, which section of the Act makes the secretary a public servant?

19PreviousSection 19 The Authority shall arrange to deliver copies of the decision to the parties concerned within the prescribed time frame.21NextSection 21 Burden of proof to be on Grievance Redressal Officer

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