Section 368 in THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020
368. Government.
Grievance Redressal Authority.– (1) The Government may, by notification inthe official gazette, constitute for the corporation a Grievance Redressal Authorityconsisting of a retired district judge or a retired officer not below the rank of specialdeputy commissioner for the purpose of Redressal of Grievance.(2)The Government shall provide necessary staff to the grievance redressalauthority.(3)The office of the Grievance Redressal Authority shall remain openduring the business hours of the Corporation on all working days of the week;(4)The salary and other allowances of the Grievance Redressal Authorityshall be the same which he was entitled to prior to his retirement minus pension;(5)The Grievance Redressal Authority shall communicate the decision of theGrievance Redressal Authority to the aggrieved citizen within such period as maybe prescribed.(6)The Grievance Redressal Authority shall, immediately after the expiry ofthe period prescribed for the communication of the decision of the Authority,report every complaint which has not been redressed along with the details of thecomplainant, nature of complaint, and reasons for non-redressal, to the ChiefCommissioner for necessary action;(7)Where the Grievance Redressal Authority at the time of deciding anycomplaint is of the opinion that officer or officers concerned or any other personhas without any reasonable cause, willfully neglected his duties required to beperformed by him under this Act or refused or failed or malafidely denied toextend the service urged within the time specified or within a reasonable time,such officer or person shall be subjected to a penalty of two hundred and fiftyrupees each day till the grievance redressal. However, the total amount of suchpenalty shall not exceed twenty-five thousand rupees. The Grievance RedressalAuthority may in place of the penalty recommend for disciplinary action againstthe officer or the person concerned, under the service rules or relevant lawapplicable to him;Provided that the officer or the person concerned shall be given a reasonableopportunity of being heard before any penalty is imposed on him.Provided further that the burden of proving that he acted reasonably anddiligently shall be on the officer or the person concerned who denied the serviceurged.Explanation: For the purpose of this section: –(a)“aggrieved citizen” means a citizen who has been affected by commission oromission of the Corporation while rendering service enjoined under this Act orany other law and includes a person seeking benefit of any scheme offered by theGovernment through the Corporation ;(b)“grievances” means and includes any complaint lodged by a aggrieved citizenregarding the commission or omission of action required to be taken by theCorporation in respect of: –(i)maintenance of health;(ii)maintenance of Road;(iii)maintenance of street lights;(iv)identification of beneficiaries of any scheme or project;(v)allocation of benefit of any scheme or project;256(vi)maintenance of sanitation;(vii)grant or issue of any documents or certificate;(viii)any other matter as may be prescribed.369. Powers and functions of the Grievance Redressal Authority , – (1) theGrievance Redressal Authority may: –(a)call for and examine any document which he has reason to believenecessary to redress the grievance of an aggrieved citizen;(b)The Grievance Redressal Authority shall, for the purposes of performingthe functions under this Act, have the same powers as are vested in a civil courtunder the code of civil procedure, 1908 in respect of the following matters,namely:-(i)summoning and enforcing the attendance of any person and examining himon oath;(ii)discovery and production of any document or other material objectproducible as evidence;(iii)receiving evidence on affidavits;(iv)requisitioning of any public record;(v)issuing commission for the examination of witnesses;(vi)reviewing its decisions, directions and orders;(vii)such other matter which may be prescribed;(2)The Grievance Redressal Authority shall be a quasi judicial authorityand dispose off the matters before him summarily.(3)No complaint of the aggrieved citizen shall be entertained by the GrievanceRedressal Authority unless the grievance has occurred as a result of deficiencynegligence or malfeasance on the part of a office or officer or official or specificirregularity or benefit materially affecting the outcome or specific instance ofdiscrimination is indicated.(4)The Grievance Redressal Authority shall ensure that, –(a)the grievance is remedied in a time frame not exceeding ninety daysfrom the date of receipt of the complaint; or(b)the reason for the occurrence of the grievance is identified and theresponsibility of the defaulting office or individual is fixed and the grievance isredressed satisfactorily within one month after the period specified in clause (a)or(c)where the grievance has occurred as a result of a deficiency, negligenceor malfeasance on the part of an office or individual the action is taken inaccordance with conduct rules and departmental procedures; and(d)where the individual responsible for the delivery of the goods andservices has willfully neglected to deliver the good or service or there exist primafacie grounds for a case under the Prevention of Corruption Act 1988, he canmake an observation to that effect along with a recommendation for the penaltyto be imposed,-(i)upto Group ‘B’ Officer to the Chief Commissioner;(ii)Group ‘A’ and above officer to the Principal Secretary to Government orthe Secretary to Government, as the case may be.(5)The Grievance Redressal Authority may seek the assistance of anyother officer required for the proper discharge of his duties or may direct anyother officer to take action to redress a complaint made by aggrieved citizen;(6)Any officer, whose assistance has been sought under sub-section (5),
