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Bare acts > Bihar Right to Public Services Act, 2011 > Section 6
 
  


 

6. Appeal. - (1) Any person, whose application is rejected under sub-section (2) of section-5 or who is not provided the service within the stipulated time limit, may file an appeal to the Appellate Authority within thirty days from the date of rejection of application or the expiry of the stipulated time limit. Filing of such appeal shall be duly acknowledged by the Appellate Authority by providing the Appellant signed receipt of the same:

Provided that the Appellate Authority may admit the appeal after the expiry of the period of thirty days if he/she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time:


Provided further that in case of delay beyond the time limit stipulated by notification under section-3 the applicant may file an appeal against delay as per the provisions under this Act:

Provided further also that, in case of rejection of an application for a service for which any other law for the time being in force prescribes remedy, the applicant shall follow the process under such law for the time being in force.


(2) (a) The Appellate Authority may order the Designated Public Servant to provide the service within the specified period or may reject the appeal.

(b) Along with the order to provide service, the Appellate Authority may impose penalty according to the provisions of Section-7 of this Act.

(3) The Designated Public Servant or the Applicant aggrieved by any order of the Appellate Authority, may make a second appeal within 60 (sixty) days from the date of that order to the Reviewing Authority, who shall dispose the appeal according to the prescribed procedure:

Provided that the Reviewing Authority may entertain the second appeal after the expiry of 60 (sixty) days, if he/she is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

(4) If the designated public servant does not comply with provisions of the order for providing the service under sub- section (2) of Section-6, then the applicant aggrieved from such non-compliance may submit an application directly to the Reviewing Authority. This application shall be disposed of in the manner prescribed for second appeal.

(5) The Appellate Authority and Reviewing Authority shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :-

(a) requiring the production and inspection of documents;

(b) issuing summons for hearing to the designated public servant and appellant; and

(c) any other matter which may be prescribed.

(6) In any appeal proceedings, the onus to prove that a delay or denial of service was justified shall be on the Designated Public Servant or the Appellate Authority, as the case may be, who delayed or denied the service.

 

 

 

 

 

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