Section 29 of The Gujarat (Right of Citizens to Public Services) Act, 2013 — The provisions of this Act shall be in addition to and not in derogation of any other law for the time being in force

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Official Legislative Text

Power to make rules and laying of rules 29.

(1)The State Government may, by notification in the Official Gazette, make rules, not inconsistent with this Act, for carrying out the purposes of this Act.
(2)In particular and without prejudice to the generality of the foregoing provisions, such rules may provide for all or any of the following matters, namely:-
1. (i)the manner to receive, enquire into and redress any complaints under sub-section
(1)of section 6;
1. (ii)the manner of acknowledgement of complaints received and particulars of receiver of complaint and time frame for redresses under section 7;
2. (iii)the time frame for redresses of grievances under sub-section
(1)of section 8;
1. (iv)the time frame within which the Grievance Redressal Officer shall report to the Designated Authority under section 9;
2. (v)the other means of acknowledgement under sub-section
(3)of

Educational Study Layer

Summary

The provisions of this Act operate in addition to any existing laws currently in force in the state.
Rights and remedies granted under this Act do not cancel, weaken, or take away remedies available under other statutes.
Citizens can choose to pursue remedies under this Act without losing their rights under other existing legislation.
Public authorities must follow the duties set by this Act alongside their obligations under other applicable laws.
In derogation means taking away or detracting from, so this Act cannot be used to extinguish rights provided by other statutes.
Overlapping legal remedies under other laws remain fully functional and available to citizens.

Practical examples

1An applicant seeking a building permission certificate is denied service by a municipal officer. The applicant files an appeal under Section 10 of this Act for time bound service delivery, while also filing a complaint under the Prevention of Corruption Act, 1988 regarding a bribe demand. Section 28 ensures that filing a grievance under this Act does not prevent or invalidate the concurrent criminal complaint under corruption law.

2A small business owner applies for an industrial environmental clearance and faces an unexplained delay. The owner files a writ petition in the High Court under constitutional provisions while simultaneously pursuing a complaint before the Grievance Redressal Officer under this Act. Under Section 28, the statutory remedy under this Act exists alongside existing laws and does not restrict the applicant's access to constitutional court remedies.

Practice Quiz

Q1.Under Section 28 of this Act, a citizen seeks a public service and faces non-delivery. The citizen wants to file a grievance under this Act and also utilize a grievance mechanism under a separate municipal statute. How does this Act handle the dual remedies?

Q2.Under Section 28 of this Act, what is the legal effect if a provision in this Act overlaps with a right provided to a citizen under another existing law?

Q3.Under Section 28 of this Act, what does the phrase not in derogation of mean in practical terms for a taxpayer seeking government records?

Q4.Under Section 28 of this Act, if a public servant is penalized under Section 23 of this Act for failing to render a service in bad faith, can disciplinary proceedings also be initiated under general service rules?

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