Section 27 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — Protection for acts done in good faith

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Bare section text

Official Legislative Text

27. No suit, prosecution or other legal proceedings shall lie against any person-

(a)for anything which is in good faith done or intended to be done under this Act or any rule made thereunder; or
(b)delay in rendering of service or not being able to render service where such delay or inability is on account of reasonable cause beyond the control of the person responsible for delivery of the service.

Educational Study Layer

Summary

No civil suit, criminal prosecution, or other legal proceeding can be filed against any person for actions done in good faith under this Act or its rules.
Legal protection extends to acts that were genuinely intended to be done in good faith under the provisions of this Act.
Officers and staff are protected from legal proceedings for service delays caused by reasonable factors beyond their control.
Protection applies equally when an officer is completely unable to render a required service due to an uncontrollable, reasonable cause.
Good faith means acting honestly and with due care, shielding public servants who make honest errors while executing their duties.
This section prevents citizens from suing officers personally in court over unavoidable service disruptions or lawful actions under the Act.

Practical examples

1A severe flood damages the underground optical fiber cables in Rajkot, preventing the Designated Officer, Priya Patel, from issuing digital land record certificates within the stipulated time limit. When an applicant attempts to sue Priya in civil court for compensation over the delay, the court dismisses the case because the delay resulted from a reasonable cause beyond her control under the protection of this Act.

2An officer named Suresh Shah mistakenly rejects an incomplete application for a trade license, believing in good faith that a required fire safety clearance document was missing based on outdated guidelines. The applicant files a criminal complaint accusing Suresh of intentional harassment, but the court bars the proceeding because Suresh acted in good faith while performing duties under this Act.

3During a regional power grid failure lasting three days, a Grievance Redressal Officer is unable to process pending complaints or send written acknowledgments within three working days. An aggrieved applicant attempts to initiate legal proceedings against the officer, but Section 27 bars any suit because the inability to render service arose from an uncontrollable event.

FAQ

1. What legal protection does Section 27 of this Act provide to officers?

Under Section 27 of this Act, no suit, prosecution, or legal proceeding can be brought against any person for anything done or intended to be done in good faith under the Act or its rules.

2. Does Section 27 protect an officer if a service is delayed due to an emergency?

Under Section 27 of this Act, an officer is protected from legal proceedings if service delay or inability to render service is due to a reasonable cause beyond their control.

3. Can a citizen file a civil suit against a public servant under Section 27 for an honest administrative mistake?

Under Section 27 of this Act, no civil suit or legal proceeding lies against any person who acts in good faith while performing duties under the Act.

4. What happens under Section 27 if an officer intentionally causes a delay without a valid reason?

Under Section 27 of this Act, legal protection applies only to actions taken in good faith or delays due to reasonable causes beyond control, so intentional mala fide delays are not protected.

5. Does Section 27 cover actions intended to be done under the rules made under this Act?

Under Section 27 of this Act, immunity extends to anything done or intended to be done in good faith under the Act or under any rule made under it.

Practice Quiz

Q1.Under Section 27 of this Act, a citizen attempts to initiate criminal proceedings against a Designated Officer who failed to issue a birth certificate within the stipulated period because a server crash wiped municipal records. Will the court entertain the proceeding?

Q2.Under Section 27 of this Act, what essential condition must be met for a public servant to claim legal immunity against a civil suit for an official act performed under the Act?

Q3.Under Section 27 of this Act, an officer is accused of acting in a mala fide manner and deliberately withholding a service without any reasonable cause. Does Section 27 shield this officer from legal proceedings?

Q4.Under Section 27 of this Act, which types of legal actions are prohibited against a person acting in good faith under the statutory provisions?

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