Section 26 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Enforcement of orders by State Appellate Authority
Bare section text
Official Legislative Text
26. Every order made by the State Appellate Authority may be enforced by it in the same manner as if it were a decree or order made by a court in a suit pending therein and it shall be lawful for the Authority to send, in the event of its inability to execute it, such order to the court within the local limits of whose jurisdiction,-
- (a)in the case of public authority not falling under clauses
- (b)and (c), the place at which the main office of such public authority is situated; or
- (b)in the case of an order against a public authority being a company, the registered office of the company is situated; or
- (c)in the case of an order against any other person, the place where the person concerned voluntarily resides or carries on business or personally works for gain is situated, and thereupon, the court to which the order is so sent, shall execute the order as if it were a decree or order sent to it for execution.
Educational Study Layer
Summary
- The State Appellate Authority can enforce its own orders in the same manner as a court enforcing a civil decree or order in a pending suit.
- If the Authority is unable to execute an order itself, it has the legal right to send the order to a competent local court for execution.
- Orders against a public authority that is not a company are sent to the court where the main office of that public authority is located.
- Orders against a public authority structured as a company are sent to the court within whose local jurisdiction the registered office of the company is situated.
- Orders against any other person are sent to the court where that person voluntarily resides, carries on business, or personally works for gain.
- The receiving court must execute the transferred order as if it were a decree or order sent to it for execution.
Practical examples
FAQ
1. How are orders enforced under Section 26 of this Act?
Under Section 26 of this Act, the State Appellate Authority can enforce its orders directly in the same manner as a court decree in a pending suit, or it can send the order to a local civil court to execute on its behalf.
2. Which court receives an order against a public authority under Section 26?
Under Section 26 of this Act, if the public authority is not a company, the order is sent to the court having jurisdiction over the location of the main office of that public authority.
3. How does Section 26 handle enforcement against a company that is a public authority?
Under Section 26 of this Act, an order against a public authority that is a company is sent to the court within whose local jurisdiction the registered office of the company is situated.
4. What happens under Section 26 when an order is issued against an individual person?
Under Section 26 of this Act, an order against any other person is sent to the court where that person voluntarily resides, carries on business, or personally works for gain.
5. Does a receiving court have the power to execute an order sent under Section 26?
Under Section 26 of this Act, the court to which the order is sent is legally required to execute it as if it were a decree or order sent to that court for execution.
Practice Quiz
Q1.Under Section 26 of this Act, if the State Appellate Authority issues an order against a government department located in Vadodara but is unable to execute the order directly, where must the Authority send the order for legal enforcement?
Q2.Under Section 26 of this Act, the State Appellate Authority needs to enforce a compliance directive against a government-owned electricity distribution company headquartered in Surat. Which court has the jurisdiction to execute this order?
Q3.Under Section 26 of this Act, an order is issued against a former employee who has left public service and now operates a private shop in Anand. Where should the State Appellate Authority transfer the order for execution if it cannot enforce it directly?
Q4.Under Section 26 of this Act, how is a civil court required to treat an order sent to it by the State Appellate Authority for enforcement?