right to public services - welcome to: transparency ... to public service contents preface 5 right...

S K Agarwal

Right to Public Services

A Guide

SC EI RL VB ICU E

SP

DELIVERY

TRANSPARENCYINTERNATIONAL INDIAthe coalition against corruption

vImplementation of Lok Pal (Parliamentary Ombudsman) Act.

vAppointment of Lakayuktas (State-level Ombudsman) in all States.

vBring all Political Parties under the RTI Act

vCompulsory audit of accounts of political parties.

vElectoral reforms to prevent criminals from contesting

elections and holding the position of power.

vEnactment of a legislation for forfeiture of illegally acquired property.

vSpeedy trial of criminal cases against Ministers, MPs and MLAs.

vEnforcement of the Whistle Blower's Protection Act.

vEffective implementation of UN Convention Against Corruption.

vPropagates tools like Citizens' Charters, Right to Services Acts,

RTI Act, Social Audit, e-Governance, etc.

vAdvocacy of Integrity Pact to prevent corruption in contracting and

procurement.

vPahal: Shaasan Sudhaar Ki Ore (Initiative: Towards Improving

Governance)

vAdvocacy & Legal Advice Centres (ALAC)

vIntroduction of Pact for Corruption-free Development

vConduct studies about levels of corruption and initiatives to combat it.

vOrganize seminars and workshops on aspects of governance.

vFilling of Public Interest Litigations (PILs)

TI India's Programmes

Right to Public Services

A Guide


S K Agarwal

Registered Office : Qr. No. 4, Lajpat Bhawan, Lajpat Nagar - IV, New Delhi - 24

Project Office : 37, National Park, Lajpat Nagar - IV, New Delhi - 24 Email: [email protected]; t i i n d i a . n e w d e l h i @ g m a i l . c o mWebsite: www.transparencyindia.org

TRANSPARENCY INTERNATIONAL INDIA 2014

Disclaimer

Every effort has been made to verify the accuracy of the information contained in this Report nevertheless, Transparency International India or the compiler of the report are not responsible for its correctness or in other contexts. Policy recommendations reflect only Transparency International India’s opinion. They should not be taken to represent the views of those quoted or interviewed unless specifically stated.

All legal issues are subject to Delhi Courts’ Jurisdiction.

Right To Public Service

CONTENTS

Preface 5

Right To Public Services 6

Madhya Pradesh 13

Bihar 14

Rajasthan 16

Uttar Pradesh 17

Delhi 19

Punjab 21

Haryana 22

Jammu & Kashmir 23

Jharkhand 24

Himachal Pradesh 25

Karnataka 25

Kerla 26

Chhatisgarh 27

Uttarakhand 28

Odisha 29

Assam 30

Gujarat 30

West Bengal 32

Goa 32

Central Government (Proposed Bill) 34

Appendix 49

PREFACE

In its 12th Report, the Second Administrative Reforms Commission has, among others, recommended to introduce hessel-free delivery of public services. It was accepted by the Government of India. Accordingly, since June 2009 the Department of Administrative Reforms & Public Grievances (DARPG) is in the process of getting the Citizens’ Charters reviewed and revised – both at the Centre and the State/Union Territories. In addition, the Department Related Parliamentary Standing Committee has also made a similar recommendation. Since then, about 19 states have so far enacted their Right to Services Acts, the Centre’s proposed Right of Citizens’ For Time Bound Delivery of Goods & Services & Redressal of Their Grievances Bill 2011 have lapsed. While all these acts can be hailed as a model for other states, such measures need to be encouraged to increase the scope for reforms and ensure smooth delivery of services to the people and crack down on erring officials. We now feel that there is a need to widen the awareness about these acts and their review in consultation with all the stakeholders keeping the above provisions in mind.

While the move to enact the Right to Services Acts is laudable, it needs to buttress it with certain measures to give the law real teeth. For this, shortcomings in infrastructure and e-governance have to be overcome, adequate staff must be appointed and a computer-literate workforce must be created. Information and Communication Technology is a vital cog in the timely delivery of services and hence streamlining e-governance applications across government departments is vital. Lack of standardised digital workflow will be a stumbling block in the implementation of the proposed law.

RIGHT TO PUBLIC SERVICES

Introduction

Every Citizen is entitled to hassle-free public services and redressal of his grievances. Accordingly, the Right to Services Act represents the commitment of the particular state towards standard, quality and time frame of service delivery, grievance redressal mechanism, transparency and accountability. Based on the anticipated expectations and aspirations of public, standard, quality and time frame are to be drawn-up with care and concern for the concerned service users. They enable the service seekers to avail the services of the government departments with minimum inconvenience and maximum speed. For this, there should be clear, precise and enforceable statements of people’s entitlements to public services. These should be in the form of Public Service Guarantees. The guarantees should specify the minimum standard of service provision that service users can expect, and set out the arrangements for redress that apply should service providers fail to meet the standard promised.” These are expected to indicate ‘WHERE TO GO’ and ‘HOW TO PROCEED’. On the other hand, it makes the service providers aware of their duties to attend to the problems of the concerned citizens within a reasonable time-frame. Thus, the dissemination of information about the RTS’ contents for the awareness and sense of responsibility & accountability among all are the keys to its practical application in any area.

What is Right to Public Services ?

Right to Public Services legislation in India comprises statutory laws which guarantee time-bound delivery of various public services rendered to citizens and provides mechanism for punishing the errant public servant if they are is deficient in providing the stipulated services. Hence, Right to Service legislation ensures delivery of time bound services to the public. If the concerned officer fails to provide the service in time, he will have to pay a fine. Thus, it is aimed to reduce corruption among the government officials and to increase transparency and public accountability.

Public Service Delivery

Currently, public officials and civil servants are considered as one


of the most troubled sections of our society due to their slow and painful” process in performing their duties. As a result, the common man, who is entitled to avail hassle-free public services and information thereof, has to face a lot of problems and pay bribes to avail the needed public services.

How it works?

• The common framework of the state legislations includes, granting of "right to public services", which are to be provided to the public by the designated official within the stipulated time frame.

• The public services which are granted as a right are generally notified through Gazette notification.

• Some of the commonly provided public services, including issuing caste, birth, marriage and domicile certificates, electric connections, voter’s card, ration cards, copies of land records, etc., within the fixed time frame.

• On failure to provide the service by the designated officer, the aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after making a hearing, can accept or reject the appeal by a written order stating the reasons and intimate the same to the applicant. It can order the public servant to provide the service to the applicant

• An appeal can be made against the order of the First Appellate Authority to the Second Appellate Authority, who can either accept or reject the application, by stating the reasons for the order and intimate the same to the applicant. It can order the public servant to provide the needed service to the applicant and/or can impose penalty on the designated officer for deficiency of service without any reasonable cause. Penalty rates vary from state to state. Besides, it may recommend disciplinary proceedings.

• The applicant may be compensated out of the penalty imposed on the officer.

• The appellate authorities has been granted certain Civil Court powers while trying a suit under Code of Civil Procedure, 1908, like production of documents and issuance of summon to the

Right To Public Services8

Designated officers and appellants.

The Procedure under the Public Service Guarantee Act:

• The applicant shall receive a receipt when he or she submits an application to the officer for desired service. The time begins from the date of submission which is mentioned on the receipt.

• There is a fixed time for every officer to keep a file with him. If the officer in charge fails to provide the service in time, the applicant can approach the First and Second Appellate officers. They would instruct the officer concerned to provide the service.

• In case of delay, the officer in charge will have to pay a fine as per provisions of the state concerned.

• The Appellate officer can also be penalized if he fails to ensure the delivery of service. He/she shall also if failed to give any valid reason for non delivery of services.

• The Act will be instrumental in curbing corruption on the lower levels bureaucracy. If implemented in good order.

Participating states

The buzz against corruption is now matched by Right to Services (RTS)-related initiatives by several state governments to clean up the system to ensure smooth delivery of services to the people and crack down on erring officials. Madhya Pradesh became the first state in India to enact Right to Service Act on 18 August 2010 and Bihar was the second to enact this bill on 25 July 2012. Several other states like Bihar, Delhi, Punjab, Rajasthan, Himachal Pradesh, Kerala, Uttarakhand, Haryana, Uttar Pradesh, Jharkhand, Karnatka, Chhattisgargh, J&K, Odisha, Assam, Gujarat, West Bengal, and Goa have introduced similar legislations for effectuating the right to service to their citizen.


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Registered Office : Qr. No. 4, Lajpat Bhawan, Lajpat Nagar - IV, New Delhi - 24Project Office : N-37, National Park, Lajpat Nagar - IV, New Delhi - 24 Email: [email protected]; t i i n d i a . n e w d e l h i @ g m a i l . c o mWebsite: www.transparencyindia.org


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MADHYA PRADESH

Madhya Pradesh was the first to enact its Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam-2010 (Madhya Pradesh Public Services Guarantee Act 2010) in the country. It guarantees the delivery of public services in a stipulated time frame. If concerning officials fail to perform their duties, they will have to pay a fine varying from Rs. 250 per day to Rs. 5,000. The fine so received would go the applicants as compensation. This legislation will further improve citizen charter arrangement. It is well-considered and solely aims at guaranteeing effective delivery of public services to the people in a stipulated time limit. The nodal department is Department of Public Service Management.

It has notified 52 services in 16 departments. The services range from electricity connections in the Power Department, maternity and marriage aid in the Labour Department, copies of Khasra/Khatauni in Revenue Department, Income and Domicile Certificates in General Administration Department to Social Security Pension, Old Age Pension, benefit of National Family Welfare in the Social Welfare Department. For details of service delivery standards, see page 56.

The Right to Service process consists of three stages –

1. Submission of initial application: Designated Officers (DO) receive new applications and are required to either provide the service in a prescribed time limit or reject the application with proper justification.

2. First appeal: To receive first appeal within 30 days from the date of rejection of initial application or on expiry of the prescribed time limit, citizens must contact the First Appellant Officers (FAO) (usually a mid-level official such as a sub-divisional officer, and sometimes a higher level official like the district collector) to file a first appeal within thirty days of the rejected application or expiry of the prescribed time limit. The FAO will either confirm the DO’s rejection or order him/her to extend the service.

3. Second appeal: A second appeal can be made with the Second Appellant Authority (SAT) (usually a higher level official such as a district collector or, if the first appeal was to the district


collector, then to a divisional commissioner) within sixty days from the date of the FAO’s decision. The Second Appellant Authority holds the rights to punishing any designation officer who fails to provide a service with insufficient reason.

Penalty : In case of delay, the officer in charge will have to pay a fine to the tune of Rs. 250 per day, maximum of Rs. 5,000. The Appellate officer can also be penalized if he fails to ensure the delivery of service. He shall be fined to the tune of Rs. 500 per day, maximum of Rs. 5,000 if he is unable to give any valid reason for non-delivery of services.

Meanwhile, the Madhya Pradesh administration is reported to have disposed of 3.6 million complaints in less than a year under its Public Service Guarantee Act.

BIHAR

Following the Madhya Pradesh Public Services Guarantee Act, the Bihar government has put in place its Right to Service Act (RSA)-2011 making it mandatory for the state government and its agencies to extend services to people within a stipulated time frame with effect from August 15, 2011. Initially, the RSA covered 30 services. These services include police verification report for passports (seven days); post-mortem report (three days); caste certificate (within a fortnight), education, road transport, driving license, banking services, kisan credit card, ration card, FIR enquiry, health, food and civil supplies, social welfare and power, etc. The faults in electricity connection will be set right within four hours. Now, the people will no longer need to run around offices and grease the palms of employees to get their work done after this act. The Govt. also intends to constitute a state public service delivery commission to achieve the objectives of the act. Thus, this act makes government officials accountable and help the government weed out corruption from the grassroots level to the top. Nodal department is General Administration Department.

So far Bihar has 50 notified services. These include services in the Commercial Tax department, Human Resource Department (Scholarships, mark-sheets, university attestations), Registration, issue of all licenses (not only duplicate copies) in Transport Department and decision on application for determination of


holding in urban areas in the Urban Development Department.

Free-of-cost Tatkal Service

According to an order issued by general administration department (GAD) on Dec. 27, 2013, three important certificates-- caste, residential and income—can be procured within two working days from January 15, 2014, throughout Bihar by petitioning under 'Tatkal Service' to the concerned circle officer (CO) under the Right to Public Service (RTPS) Act. These certificates are of great importance for youths, especially those belonging to reservation categories, because they have to submit them either while applying for job or at the time of interview or joining into services. "District level nodal officers and IT managers were given training about the new provisions related to Tatkal service and the changes being made in 'Adhikar' software, during the state-level meeting held on December 24. They have also been provided copies of PowerPoint presentations prepared by the Bihar Prashasnik Sudhar Mission for providing training to block level officers in the district. DMs have been asked to ensure that all necessary information/ check-list pertaining to Tatkal service are properly displayed at the notice board at each circle and block office in the state. The circle officer of concerned circle were to be notified as 'Lok Sewak' under the provisions of RTPS Act to provide the three certificates under the Tatkal service. The circle officers can be fined or punished if he/she fails to deliver caste, residential and income certificates within two working days under the Tatkal service. The arrangement of issuing caste, residential and income certificates in normal course will, however, continue to run parallel as usual. Similarly, the provision of appeal will also continue as usual.

Internal computerized processes to accelerate delivery of citizen services

In a bid to deliver better citizen services and maintain transparency, the Bihar government has decided to make an Information Technology roadmap for all the government departments so that citizen services could be made available in time. Land Revenue officials have been directed to update and digitise land records using IT.

Penalty : Officials failing to meet the deadline could face exemplary


penalty of Rs250 per day to a maximum of Rs 5,000.

RAJASTHAN

With an aim to provide public services in a time-bound manner, the Rajasthan government has implemented the Rajasthan Guaranteed Delivery of Public Services Act, 2011 to ensure effective time-bound delivery of 108 services of 15 major government departments with a provision of cash penalty for the offenders. This Act includes services pertaining to departments of Police, Finance, Energy, Medical, Traffic, Public Health Engineering, Food, Housing, Water Resources and Social Justice among others. As per the provisions of penalty, the competent appellate officer may impose a penalty of at least Rs 500 and not more than Rs 5,000. The appellate officer may also impose a penalty of Rs 250 per day on undue delay. Currently 153 important services of 18 departments are incorporated in Act.

Right to Pink-slip Babus (Right to Hearing Act) provides Aam Admi An Opportunity To Demand Accountability

• Besides RTS, the Rajasthan Government has also enacted and implemented Right to Hearing (RTH) Act for ensuring a rightful hearing to redress grievances. It provides citizens an opportunity to demand accountability. It has three simple steps –

• By creating a single window, Rozgar Sahayaks at every panchayat have been made responsible for accepting grievances and applications from people everyday between fixed hours at the Rajiv Gandhi Seva Kendras rechristened Public Hearing Assistance Booths.

• A pink receipt is given for all grievances lodged and every Friday all officers assemble at the panchayat, block or district level for an open public hearing. The applicant must be given a hearing within 15 days and a written reasoned order is to be given by the officer concerned within seven days after that. The whole cycle is completed within 21 days, and any delay or violation attracts a penalty.

• Tested on a pilot basis first in Rajsamand, the Rajasthan government issued guidelines in April 2013 making the format compulsory across the state.


Penalty : There are provisions of imposing fines of up to Rs 250 per day on defaulting officials. The Right to Hearing Act in Rajasthan is an important step forward, but there are many provisions like independent appellate authorities at a district level that were only present in the central Bill.

However, it is alleged that a defunct Public Hearing Assistance window, an absconding Rozgar Sahayek or the pink slip never reaches the officer even on the day of the hearing were some of the major flaws scouted down by six teams of almost a hundred volunteers of the MKSS that went on a ‘yatra’ across Raipur (Pali), Jawaja (Ajmer), Bhim, Devgarh, Khumbhalgarh (Rajsamand) and Asind and Mandal (Bhilwara).

UTTAR PRADESH

Generally, no time-limit was fixed for the delivery of public services providing by various departments of the Uttar Pradesh Government. There was neither any competent designated officer for delivery of such services within stipulated time-limit nor their responsibilities were fixed, due to which the people of the State were facing difficulties. It was, therefore, decided to make a law to ensure delivery of services to the people of the State within stipulated time-limit. Accordingly, the Uttar Pradesh Government enacted a Janhit Guarantee Adhyadesh (Act) for delivery of public services by various departments. In the first phase, services of revenue, urban development, health & medical, and food & civil supplies have been included and the maximum services notified are in the Revenue Department, with mutation, birth and death certificates, water connection, disability certificate and issue of APL ration cards, duplicate copy of driving license and registration certificate being some services chosen from the other departments. The Nodal department is Department of revenue. For details of service delivery standards, see page 57.

Penalty : If it is proved that any designated officer has failed to provide any service within a specified period, the appeal officer can impose a penalty of Rs 250/- per day to a maximum of Rs. 5,000. The designated officers have been given powers of civil court under Civil Procedure Code.

Appeals : If the application is rejected by the officer-in-charge, the


applicant can file an appeal with the First Appellant Officer (FAO) within 30 days of the date of rejection or on expiry of the prescribed time limit. If the FAO rejects the application again, the applicant can appeal for the second time to the Second Appellant Authority (SAT) within 60 days of rejection by the FAO.

New approach Jhansi district administrationGrievance redressal over-the-phone

With a vision to bring in a paradigmatic shift in the system of public grievances redressal, the Jhansi district administration of Uttar P)radish developed the Jhansi Jan Suvidha Kendra (JJSK) with technical consultation of the district unit of National Informatics Centre (NIC). Any person from anywhere within the district can call

this centre on a toll free number to seek grievance for concerns related to wide range of government services and administrative provisions.

Launched on 10 June 2009, this innovative approach utilises the simplest and widespread ICT tool of the telephone to communicate directly to the concerned officers in JJSK for seeking solutions to their complaints. Systematic and well maintained system of JJSK ensures categorisation of complaints so that every complaint is noticed and treated with the necessary sense of urgency. The provision of 100 per cent cross verification of disposal status has come across as another important feature enhancing its uniqueness that does not let the closure of the case without appreciating feed back of the aggrieved person.

This has been successfully replicated in Power Corporation Ltd, Housing Board, and Board of Revenue of Uttar Pradesh. Jhansi Development Authority, Mid Day Meal Directorate, Police Department, North Central Railway (Jhansi Division), Bharat Heavy Electrical Ltd., Civil Defence Department U.P., State

Uttar Pradesh is reported on 16 June 2014 to have decided accept self attested certificate instead of submitting affidavits while availing benefits of government schemes and taking admission in academic institutions. The decision is expected to provide relief to the people and simplify government processes.


Information Commission U.P., Local Bodies Directorate U.P. have already set trials to replicate the JJSK model.The government of Uttar Pradesh has recently ordered replicating the model in all the districts for improving delivery of public services in drinking water, electricity, hygiene/ sanitation, food and civil supplies and all other social sector schemes.

The Election Commission of India (ECI) has also replicated the model to register complaints related to the election process through mobile or landline phones from anywhere 24x7 in the states of Tamil Nadu, Kerala, Pondicherry and West Bengal. The ECI is also planning to extend the model to another 7 states. After elections, these centres will move beyond redressing election related complaints to address wide range of administrative and public service delivery related issues.

For for more detail please visit: http://jhansi.nic.in/jjsk.htm

DELHI

Delhi Government has enforced its Delhi (Right of Citizen to Time Bound Delivery of Services) Act, 2011 from September 15, 2011 to ensure smooth service delivery in 36 categories under 18 department. The departments which have been included under the legislation are Revenue, Food and Civil Supplies, Transport and Trade and Taxes as well as civic agencies MCD and NDMC, BSES Rajdhani Power Ltd. (a private licensee of the Delhi government), Delhi Police, Delhi Park and Garden Society, Drugs Control, Delhi Pharmacy Council. These include issuance of a new electricity connection, birth and death certificates and ration cards.For details of service delivery standards, see page 60.

\Recently, the Govt has introduced a TATKAL service from April 22, 2014 for Registration of Marriage within 24 hours. Similarly, the East Delhi Municipal Corporation has decided to deliver the Birth and Death Certificates by the concerned hospitals at the residence of the concerned citizens through courier at their own cost. The nodal department is Department of Information Technology.

Penalty : Apart from administrative action, delays will attract a monetary penalty of Rs 10 per day up to a maximum of Rs 200 per application as compensation, which will be deducted from the salary of the erring official. The legislation fixes a financial penalty


in the range of Rs 10 to Rs 200 per day for failing to deliver services while making it a right of every citizen to obtain time bound delivery of services from certain government agencies. A maximum penalty of Rs 5,000 can be imposed on officials for failing to deliver services.

Appeals : Any government servant aggrieved by the order passed by the competent officer in accordance with sections 9 and 10 shall be entitled to file an appeal to the Appellate Authority against such order within a period not exceeding thirty daysof the receipt of the impugned order. The order of the Appellate Authority shall be final and binding.

For the purpose of this section, the Government or the local body Concerned, as the case may be, shall appoint an officer to be the Appellate Officer to hear and decide appeals against the order passed by the competent officer. The Appellate Officer shall not be below the rank of Joint Secretary of the Government or its equivalent rank in the case of a local body.

Besides, there is a Public Grievances Commission in Delhi. It administers a comprehensive mechanism for the effective redressal of grievances received from members of the public. Incoming grievances / complaints are directed against the different departments under the jurisdiction of the Government of the National Capital Territory (NCT) of Delhi, its local bodies, undertakings / other organizations, owned or substantially financed by the Government of Delhi. Delhi Police has also been brought under this Commission. Its contact details are as follows :

Public Grievances CommissionIInd Floor, M-Block, Vikas Bhawan,

I. P. Estate, New Delhi-110110Tel No. 011-23379900,23379901

Fax-011-23370903e-mail ID : [email protected]


PUNJAB

With a view to provide delivery of public services within time limits, Punjab enforced its Right to Services Act (PRTS Act-2011) on Oct. 10, 2011 for delivery of citizen centric 67 services, including certified copies of all documents at Village-level-record of land rights (Jamabandi), girdawri, mutation, demarcation of land, sanction of water supply/ sewerage connection, certified copies of Birth/Death Certificates, registration certificate of vehicles, fitness certificate for commercial vehicle, issue of driving licence and renewal of arms licence, all kinds of police verifications including passport verification, issue of various certificates such as caste, OBC, income, residence, registration of all kinds of documents, sanction of all social security benefits for old age/ handicapped/ widow, among others, would also come under its purview.

The PRTS Act-2011 has empowered people to seek services in a hassle free, corruption free, transparent and time-bound manner through different service delivery mechanism. This will ensure that people take maximum advantage of time bound service delivery system. It is our firm belief that services delivered within the prescribed time limits and without any hassle will enhance credibility of the government functioning.

Services included: Details of 149 notified services under the act for time bound delivery and along with the designated officers, First Appellate Authority, Second Appellate Authority

Penalty : Officers failing to provide the services within the requisite time frame (varying from one day to 60 days) will face penalty ranging from Rs 500 to Rs 5,000, besides departmental action. It was expected to set up a commission to act as the final appellate authority. As per Section 12 of the PRTS Act-2011, a Punjab Right to Service Commission (PRTSC) consisting of 1 Chief Commissioner and 4 Commissioners has been constituted on Nov 23, 2011 to look after the effective implementation of the Act as the final appellate authority to hear revision applications against the orders of 2nd Appellate Authority.

Affidavit-less regime in Punjab: The Punjab Government has taken another noble initiative by introducing self-attestation, instead of affidavit, in most of the documentation in public-dealing barring some very few requiring this legal requirement. This is


considered a better system from legal aspects because responsibility for a false self-attestation is directly rest with those doing so making him/her liable for prosecution under various offences under Indian penal code. Otherwise, getting affidavits attested by notary-public or oath-commissioner is merely a formality because both notary public and oath commissioners usually attest documents without any verification. Accordingly, we suggest the Union Law Ministry should recommend to all for adopting such a noble and hassle-free affidavit-less regime.

Haryana

Though Haryana started its time-bound delivery of services in 2011 but it has recently enacted its Haryana Right to Service Act, 2014. Initially, these services includes issuing caste/resident/ domicile certificates, driving license, a ration card, inclusion/deletion of names etc., electricity & water connections, property registration, and mutation of land, In case the required service is not delivered within the time-limit, then the official concerned would be taken to task. An online monitoring system called Jansahayak as notified vide letter no. 7/8/2011-3AR dated 7 th June, 2011, has been developed to ensure time bound delivery of the services provided by the above departments. More services are expected to be added later. Janshayak is a web based software which can be run by accessing website

Details of the notified services under the Haryana Right to Service Act, 2014 for time bound delivery and along with the designated officers, First Appellate Authority, Second Appellate Authority are given from page 61 onwards.

Prior to this Act, the Haryana Govt. had decided in 2011 to implement a scheme for time-bound delivery of 36 services. These include issuing caste/resident/ domicile certificates, driving license, a ration card, inclusion/deletion of names etc., electricity & water connections, property registration, and mutation of land, In case the required service is not delivered within the time-limit, then the official concerned would be taken to task. Nodal officers were designated and directed to look into such cases of non-fulfillment of the commitments. All Heads of Departments/Organisations were asked to conduct regular annual Internal and External Review and send their feedback to the Administrative Departments.


JAMMU & KASHMIR

Considering the prompt service delivery as an essential ingredient in good-governance, the Govt. has enforced its Public Service Delivery Guarantee Act on 10th August 2011 to make public servants liable for the service delivery and ensure it befitting response to citizens’ calls. The Act provides for the delivery of public services by the designated officers to the eligible persons of the State within the specified time limit. To implement the Act, the State Government has notified the rules for the purpose vide SRO 223 of 2011. Further, vide SRO 224 of 2011 the State Government notified the services to be delivered to the eligible persons under the Act, time limit for providing the notified services, particulars of the designated officers, first appellate authorities and second appellate authorities. Panchayat Raj in the state would help to implement the Act. Accordingly, the Rural Development Department has been directed to provide computerized photo identity cards to all Sarpanchs and Panchs so that they can freely visit various offices in connection with the public service delivery and development programmes. For details of service delivery standards, see page 67-76.

Appeals:

1. Any person whose application is rejected or who is not provided with the service within the given time limit, may within 30 days from the date of receipt of the order of rejection of application or the expiry of the given time limit, as the case may be prefer an appeal before such authority notified by the government.

Provided that the appellate authority may admit the appeal after the expiry of the period of 30 days which can be further extended for a period not exceeding 45 days thereafter, if it is satisfied that the appellant was prevented by sufficient cause for not preferring the appeal in time.

2. Any appellant aggrieved by the order passed by the First Appellant Authority, may prefer an appeal to the Second Appellant Authority within 60 days of time limit.


JHARKHAND

In an attempt to bring in transparency in the system of governance, the Jharkhand government has notified its RTS Act titled Jharkhand Rajya Sewa Dene ki Guarantee Vidheyak Title of the Act (Jharkhand Right to Service Act, 2011) from November 15, 2011 to empower its people to get citizen centric services within stipulated time from the employees of all govt. departments. Also, the Act fixes the accountability of the concerned officers in case of delay. The Act provides for punishment of the government employees as well. It will also appoint first and second Appellate officers in different services. These include payment of social security pension, new connection for electricity, making and renewal of driving licence, issuance of smart card, ration cards, agriculture related licences, correction of power bills, payment of scholarship, post-mortem report, duplicate driving license, offering licenses for ration and medical shops, and caste/income/residential certificates. For details of service delivery standards, see page 77.

As per the Act, bill correction has to be done within 24 hours to 7 days, while post-mortem report has to be issued within 3 days. Similarly, any complaint related to payment of social security pension has to be cleared within 21 days. Driving license must be issued within 45 days and licenses for shops and medicine shops need to be issued within a month.

Penalty : If an official fails to deliver the public utility services within the stipulated period, then he will have to pay a fine to the applicant. A maximum fine of Rs 5,000 could be imposed on officials for failing to deliver the services.

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HIMACHAL PRADESH

In an endeavor to empower citizens with power to get timely service from government set up, the government has enacted the Himachal Pradesh Public Services Guarantee Act, 2011 with effect from November 16 2011. With the implementation of this act, government departments like Revenue, Transport, social development, urban development and others will be bound to provide citizen centric services within stipulated time period, as a matter of right. Also, the Act fixes the accountability of the concerned government officials in case of delay and punishment. Officials and employees found guilty will have to pay penalty and can face stern legal action as well.

Appeals

If the application is rejected by the officer-in-charge, the applicant can file an appeal with the First Appellant Officer (FAO) within 30 days of the date of rejection or on expiry of the prescribed time limit. If the FAO rejects the application again, the applicant can appeal for the second time to the Second Appellant Authority (SAT) within 60 days of rejection by the FAO.

KARNATAKA

Karnataka enacted its Karnataka (Right of Citizens to Time Bound Delivery of Services) Act – 2011 to ensure that the services are provided in a timely manner in various departments. Some of these services include revenue, finance, administration, urban development, village panchayat, food and civil supplies, women and child development, health, education and transport. Provision of death and birth certificates, sanction of building plans, change of khata, provision of student bus passes, issue of new or additional water connection, driving licences, etc. There is a penalty provision of Rs. 20 per day for delay for any deficiency in providing services. Applicants will be given a 14-digit number, which can be used for future correspondence.

The scheme was already implemented on a pilot basis across four taluks of Aurad (Bidar), Chitradurga, Dharwad and Puttur (Dakshina Kannada), and Jayanagar BBMP office in Bangalore. During the month-long pilot study, one lakh applications were filed and 87,000 were disposed of.


KERALA

The Kerala State Right to Service Act, 2012 came into force on the 1 November 2012 as per G.O (P) No.55/2012/P&ARD. It provides effective, time-bound redress of grievances of citizens, delivery of services to the public and making government servants liable in case of default.

In the first phase, 22 government services, including nine services related to police department will come under the purview of the legislation. These include certificates of birth, death, denomination of caste, income, domicile; power connection to households and commercial shops; domestic water connections; issue of ration cards, etc. The services related to police department include receipts to complaints filed with police; issue of copy of FIR; police intervention in grievous crimes; time-bound verification of passport and employment status; issue of copy of post-mortem report; and releasing vehicles under custody. which provides for action, including a penalty, against the designated officer if he fails to provide the service within the time frames.

According to the Act, every government department, local self-government institution and statutory body should, within six months of the commencement of the Act, notify the services that will be rendered by them and the designated officers for providing services and the stipulated time limit for doing so. The Act lays down the procedures for filing appeals and the method of handling appeals by the first and second appellate authorities. The two appellate authorities will have the powers of civil court in matters of requiring production and inspection of documents, issuing summons for hearing the designated officer and the appellant and any other matter that may be prescribed.

Through its induction, the government servants are made answerable in terms of their functions, duties, commitments and obligations towards the people. Section 5 underlines the duty of the designated officer, who on receipt of an application for service, will provide it or reject the application within the time limit, counted from the day the application is received. In case of rejection, the officer should justify it in writing.

Penalty : According to the Act, the designated officer should


provide or reject an application he receives from the citizens within the time limit, which will start from the day he receives the application. In case of rejection, the officer will be required to state in writing the reasons for it. The designated officer is liable to pay a fine not less than Rs. 500 and not more than Rs. 5,000 in case of breach of terms. The Act in a nutshell makes government servants answerable in terms of their functions, duties, commitments and obligations towards the people.

CHHATISGARH

The Lok Seva Guarantee Act provides delivery of certain public services to citizens by the State Government, local bodies, public authorities or agencies within the stipulated time, and to fix the liabilities of persons responsible for delivery of such services in the event of default and for matters connected therewith or incidental thereto. Every person shall have the right to obtain public services within the stipulated time. In case, any applicant fails to obtain the required public services within the stipulated time, he/she shall be entitled to receive cost of his application.

Every application for Lok Sewa shall be acknowledged by the person responsible for delivering the service of by the department, as the case may be, and every applicant shall be entitled to obtain the status of his application. Accordingly, every department shall designate a person or persons responsible for delivering public services. Such designations shall be displayed in the department for the information of general public.

Services Covered : Currently 139 public services of 20 departments have been brought under it, including Urban Development, Food and Civil Supply, Transport, Revenue, Public Health Engineering, Public Works Department, Labour, Tribal, Rural Development, Energy, Commercial Tax, Higher Education, Water Resources, Forest, Home (Jail), Technical Education, Science and Technology.

Penalty : Every person responsible for delivering Lok Sewa, who fails to deliver such services within the stipulated time shall be liable to pay costs at the rate of Rs. 100/- per day during the period of delay, if any, subject to a maximum of Rs 1,000/-, which shall be recoverable from him towards payment to the person applying for


Lok Sewa.

UTTARAKHAND

In a bid to empower people in the state to get timely service and relief from corruption prevalent in government set up, the State Government notified The Uttarakhand Right to Service Act in 2011. Under the Act, all the government departments will be bound to provide citizen centric services within stipulated time period, as a matter of right. For details of service delivery standards, see page 77.

Penalty : Also, the Act fixes the accountability of the concerned government officers in case of delay. The Act provides for punishment of the government employees as well. Officers and employees found guilty will have to pay penalty and can face stern legal action as well.

Also, first Appellate and second Appellate officers will be appointed for different services like revenue, health and family welfare, transport, potable water, social development, urban development and other sectors.

Appeal:

First Appeal-

1. Any person whose application is rejected or who is not provided with the service within the given time limit, may file an appeal to the First Appellate Authority within 30 days from the date of receipt of the order of rejection of application or the expiry of the given time limit, as the case may be prefer an appeal before such authority notified by the government.

2. Provided that the appellate authority may admit the appeal after the expiry of the period of 30 days which can be further extended for a period not exceeding 90 days thereafter, if it is satisfied that the appellant was prevented by sufficient cause for not preferring the appeal in time.

3. The appellate authority, if so satisfied, may, within a period of 30 days from the date of filing an appeal, by order, direct the Designated Officer to provide the services within the time limit


mentioned in the order.

4. After affording an opportunity of hearing to the Designated Officer and the eliible person, the First Appellate Authority may pass an order mde in writing and in case of rejection, the reasons for rejection shall be specified by it in such order and shall communicate the same to the eligible person.

Second Appeal-

Any person whose application is rejected or who is not provided with the service within the given time limit by the First Appellate Authority, may file an appeal to the Second Appellate Authority within 30 days from the date of receipt of the order of rejection of application or the expiry of the given time limit by the First Appellate Authority.

ODISHA

The “Odisha Right to Public Services Act, 2012" (ORTPS Act 2012) seeks that the state government would provide certain public services within a stipulated time. For details of service delivery standards, see page 94.

It aims to cover various guarantees under a single umbrella at the state level. It looks towards addressing the already growing demand of citizens for improved public services, reducing corruption through imposing penalties on public authorities for default in delivery of services. In addition, what was under the Citizens’ Charters, an administrative guarantee has been translated into a legal right, justiceable under the provisions of ORTPS Act.

Appeals:

1. Any person whose application is rejected or who is not provided with the service within the given time limit, may within 30 days from the date of receipt of the order of rejection of application or the expiry of the given time limit, as the case may be prefer an appeal before such authority notified by the government.

Provided that the appellate authority may admit the appeal after the expiry of the period of 30 days which can be further extended for a period not exceeding 90 days thereafter, if it is satisfied that


the appellant was prevented by sufficient cause for not preferring the appeal in time.

2. The appellate authority, if so satisfied, may, within a period of 30 days from the date of filing an appeal, by order, direct the Designated Officer to provide the services within the time limit mentioned in the order.

ASSAM

The Assam Assembly passed its Assam Right to Public Services Act, 2012 on 29th March 2012 to ensure better delivery of notified public services within a definite timeframe and also fixes responsibility on public servants to provide these services in a time-bound manner. Under the provisions of the Act, the Government will provide certain notified public services to the eligible citizens in a time bound manner. In its first phase, the Act will be implemented in 21 districts and will cover 55 services of 14 departments into it. The implementation of the Act in full order will help in establishment of an interface with the public and bring about accountability and transparency which are keys for good governance. It will help in delivery of services to citizens by elimination of delays in availing the important services. Later on, in a phased manner additional services will be brought under the purview of the Act.

Penalty : The appellate authority or the reviewing authority will be empowered to impose penalty or take direct disciplinary action against the designated public servant for his/her failure to perform.

GUJARAT

The Gujarat (Right of Citizens to Public Services) Act, 2013 confers right on every individual citizen to time bound delivery of services and redressal of grievances. It requires the state government to notify the services to which the Act shall apply and the time limits within which the notified services shall be provided. Under the Act, every public authority is required to, within two months from the date of a notification specifying the services to which the Act shall apply, publish the names and addresses of individuals responsible for rendering the notified services; designate as many officers as may be necessary as Grievance Redressal Officers in all administrative units or offices at the State, district and taluka levels,


municipal corporations, municipalities, notified areas, Panchayats and such other offices whereat services are rendered to receive, enquire into and redress any complaints from citizens in the prescribed manner. The concerned Grievance Redressal Officer, upon receipt of a complaint, is required to ensure that the grievance is remedied in the prescribed timeframe.

Penalty : In case if any individual is aggrieved by a decision of the concerned grievance redressal Officer or who has not been informed in writing the manner in which his grievance is redressed, within thirty days from the expiry of such period or from the receipt of such decision, prefer an appeal to the Designated Authority who shall dispose of such appeal within the prescribed time frame. It also provides for the constitution of State Appellate Authority. If any person is aggrieved by the decision of the Designated Authority, he/she may prefer an appeal to the State Appellate Authority. The Act confers power upon the Designated Authority and the State Appellate Authority to impose a lump sum penalty, including compensation to the complainant against the official responsible for delivery of services or grievance Redressal Officer for their failure to deliver services to which the applicant is entitled, which may extend upto Rs 10,000 which shall be recovered from the salary of the official against whom the penalty has been imposed. After the imposition of the penalty, the appellate authority may, by order, direct that such portion of the penalty imposed under the proposed legislation shall be awarded to the appellant, as compensation, not exceeding the amount of penalty imposed, as it may deem fit. Further, if any public servant is found guilty of offence, the disciplinary authority shall initiate the disciplinary proceedings against such officer of the public authority, who if proved to be guilty for a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a penalty as the disciplinary authority may decide.

The Act provides that in any appeal proceeding, the burden of proof to establish that a non - redressal of complaint by the Grievance Redressal Officer shall be on the Grievance Redressal Officer who denied the request. Where it appears to the Designated Authority or the State Appellate Authority that the grievance complained of is prima facie indicative of a corrupt act or practice in terms of the Prevention of Corruption Act, 1988, on the part of the responsible


officer of the public authority complained against then it shall record such evidence as may be found in support of such conclusion and shall refer the same to the appropriate authorities competent to take cognizance of such corrupt practice. The Act seeks to achieve the above objects.

WEST BENGAL

The West Bengal Right to Public Services Act-2013 aims at prompt delivery of public services to the people of the state within a stipulated time. Hence, every person shall have the right to obtain public services in accordance with the provisions of this Act. For details of service delivery standards, see page 98.

The state government shall from time to time specify the public authority, services, designated officers, appellate officer, reviewing officer and stipulated time limit for service by notification in the Official Gazette for the purposes of this Act.

Every citizen having applied for any citizen related services shall be provided an application number by the department concerned, or local body or public authority as the case may be and shall be entitled to obtain and monitor status of his application through online means or otherwise.

Penalty : To encourage and enhance the efficiency of the government servants, the competent officer would recommend cash incentive not exceeding Rs 1,000 in favour of a government servant against whom no default is reported in one year.

GOA

The Public Services Guarantee Act makes it mandatory to provide services like residence certificates, income certificate, NOC to transport dead bodies, birth certificates in panchayat and municipality and others to be delivered within a specified number of days. For details of service delivery standards, see page 101. The government would appoint designated officers to provide services to the people within the stipulated time, and constitute the State Public Service Delivery Commission.

Self Attestation of Documents : The state administrative reform department in its circular issued on October 29 has directed all


heads of departments to adopt the system of self-certification or self-attestation instead of asking the people for an attested copy of documents from a gazetted officers or magistrate. The provision of self-certification can be adopted by individuals for only personal documents. This simplified procedure came into effect from October 29 after the Second Administrative Reforms Commission in its 12th report titled ‘citizen centric administration – the heart of governance’ recommended to adopt the system of self-certification/ self-attestation to review the existing procedures of attestation but original documents are required to be produced before the competent authority to prove its authenticity at the time of actual grant of any benefits under the scheme or appointment in government/ semi-government/ state public sector undertakings/ local bodies or at the time of admission in respect of students.” It further stated the individuals now have to self-certify it by endorsing following words “the certificate is true copy of the original”.

The new procedure would help many students, job applicants and scheme beneficiaries get their work done without wasting their time in getting their documents attested by gazette officers, adding that it would also relieve them from going through long documents and also prevent them from legal proceedings.

Penalty : In case the specified services are not delivered within the time, the concerned official will attract penalty. A few sections of this Act, which deal with criminal liability with the errant officers, have been kept on hold, pending the review of the initial implementation.


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CENTRAL GOVERNMENT

(Proposed Bill)

The Citizen's Charter and Grievance Redressal Bill 2011 also known as The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 or Citizens Charter Bill was proposed in Lok Sabha in December 2011. The bill lapsed due to dissolution of the 15th Lok Sabha. The Bill, as part of the concurrent list like the Right to Information Act, sought to confer on every citizen the right to time-bound delivery of specified goods and services and to provide a mechanism for grievance redressal. The Bill proposed to makes it mandatory for every public authority to publish a Citizen's Charter within six months of the commencement of the Act. The Bill proposed to make incumbent on government officials to address citizens’ complaints within a specified time, failing which the official concerned would face action, including a fine of up to Rs. 50,000 from his salary and disciplinary proceedings. It was expected to give people right to compensation if they do not receive their entitlements, promised under the law within a specified time. Thus, it was expected to address graft and lack of delivery on entitled goods and services at the grassroots level. Since the proposed Bill was part of the concurrent list, it was to be applicable on the states also. In brief,

1. Each public authority shall be responsible for ensuring the preparation and implementation of Citizens Charter, within a reasonable time, and not exceeding one year from the coming into force of this Act.

2. Every Citizens Charter shall enumerate the commitments of the respective public authority to the citizens, officer responsible for meeting each such commitment and the time limit with in which the commitment shall be met.

3. Each public authority shall designate an official called Public Grievance Redressal Officer, whom a complainant should approach for any violation of the Citizens Charter.

4. Every public authority shall review and revise its Citizens Charter at least once every year through a process of public


consultation.

5 Lokpal may direct any public authority to make such changes in their citizens’ charter as are mentioned in that order.

Salient Features

Applies to?

1. The Bill deals with government departments that deal directly with citizens: they include

2. Constitutional bodies,

3. Statutory authorities,

4. Public-private partnerships,

5. NGOs substantially funded by the government and companies that provide services under a statutory obligation.

Provisions

1. The Bill makes it mandatory for every public authority to publish a Citizen’s Charter within six months of the commencement of the Act.

2. Every citizen is given right to get time bound delivery of goods and services.

3. If not delivered, there is redressal mechanism.

According to the bill, citizens’ charters should be in following format:

1. List the details of the goods and services provided by a public authority;

2. The name of the person or agency responsible for providing the goods or services;

3. The time frame within which such goods or services have to be provided;

4. The category of people entitled to the goods and services; and

5. Details of the complaint redressal mechanism.


Strength 1 Chief Commissioner + a maximum number of

10 Commissioners.

Qualification

1. Present or former Supreme Court judges or Chief Justices of a High Court (district court judges for 10 years, or High Court judges); or

2. Present or former Secretaries to the central (state) government;

3. Eminent persons with at least 20 years of experience in social sectors with a post graduate degree in a relevant sector.(15 years for state panel)

Appointed

by

1. Governor (in state Commission) 2. President (in Central Commission)

Public Grievance Redressal Commissions

Bill aims to establish Public Grievance Redressal Commissions @Centre and State level.

Name of

service designated

officer

time

limit for

service

first

appeal

officer

time limit

for

disposal

second

appellant

authority

Domicile

certificate,

land

records.

Tehsildar 7 days SDO

(Revenue) 15 days Collector

New

Electricity Connection

Zolan

distribution

in charge

10

days

Executive

Engineer 30 days

Superintendent

Engineer

Here is an example:


The Commissioners may be removed by an order of the President /Governor under certain conditions.

Grievance Redressal Mechanism:

In right to information Act, the mechanism/ structure / hierarchy is:

R.T.I structure What?

Public information

officer (PIO) (Central

or State)

You send R.T.I application to him. He

must give information within 30 days.

First Appellant

authority (FAA)

He is an officer above the rank of

PIO.You approach him if your R.T.I is

not replied within 30 days (or if PIO did

not give you the necessary information).

Central/State

Information

Commissioner

(CIC or SIC)

Finally you can appeal to him in case

FAA doesn’t help.

But President /Governor will make appointments as per the recommendations of select Committee. The select Committee will consist of

Union level State level

PM CM

Leader of opposition in Lok

Sabha In Legislative assembly (Vidhan

Sabha)

Sitting just of SC Of HC


• DA and Commission can impose fine of Max.Rs.50000 to concerned officials/GRO.

• The penalty shall be recovered from the salary of the official. Such penalty may be awarded as compensation to the appellant.

• (ht tp: / /darpg.gov. in/darpgwebsi te_cms/document/ f i le / Citizens_Bill131.pdf)

• h t tp : / /darpg.gov. in /darpgwebs i te_cms/document / f i le / Citizens_Bill131.pdf

Similar appeal structure is provided in Citizens’ Charter bill

R.T.I act 2005 Citizen charter bill 2011

Public information

officer (PIO)

Grievance Redress Officers (GRO).

You send your complaint to him. He

must address the issue within 30

days.

First Appellant authority

(FAA)

Designated Authority (DA), if GRO

doesn’t help.

Central/State

Information

Commissioner (CIC or

SIC)

State or Central Public Grievances

Redressal Commission. If DA doesn’t

help.


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SUGGESTIONS FOR EFFECTIVE IMPLEMENTATION OF RTS

Some Essential Ingredients

Every RTS Charter is a solemn commitment of the concerned government department for delivery of its services to the intended beneficiaries. Very briefly, its basic and essential ingredients are-

a) Listing of specific services offered by the Department,

b) Location and timings of offices connected with the delivery of services.

c) The names (with address and telephone number) of the officers responsible for delivery of the aforesaid services;

d) The time required for the delivery of each service; and

e) The grievance redressal authority in case the services offered are delayed or denied.

f) Monitoring of applications and automatic ‘compensation’ to the affected service seekers.

Some Obvious Deficiencies in the existing system:

• Lack of awareness and knowledge and adequate publicity, hence loss of trust among service seekers

• No training to the operative and supervisory staff

• Lack of infrastructure and initiative

• Hierarchy gap between the Officers and the Operative Staff-Need of team effort

• Different mind-sets of officers and the Staff- Insensitiveness on the part of the Supervisors and the Staff because they are yet to be sensitized

• Staff is not prepared to shoulder the responsibility due to lack of motivation and accountability

• Non-revision, complicated and restrictive rules & procedures.

Recommendations

Change of Mind-set: There is a need for the officers and staff dealing with the public to realign the mindset from the present Raja-


Praja syndrome so that harmonious relations prevail between the service providers and the service users/consumers. The services promised by a Department should be rendered without any discourtesy or harassment. In this connection the oft-quoted statement of Mahatma Gandhi, Father of our Nation, bears reiteration: -

“A customer is the most important visitor on our premises.He is not dependent on us. We are dependent on him.He is not an interruption on our work; he is the purpose of it. He is not an outsider to our business; he is part of it.

We are not doing him a favour by serving him, he is doing us a favour by giving us an opportunity to do so”.

The foregoing inscription in bold letters should also be displayed near the entrance of every Department dealing with the public. The introduction of customer and people’s orientation in administration ought to represent more than a philosophical statement. They have to be seen really as what they are, a paradigm shift in the way administration has functioned so far. The public agencies have to collaborate in the institutionalization of the new attitudes and changed procedures, and in the required capacity- building of the personnel at the managerial and cutting-edge levels.

Awareness and Consultation: A large number of the intended beneficiaries are not aware of the existence of the RTS provisions at all. How can then they ever demand its implementation? What is worse, most of the personnel in a Government department themselves are not aware of the existence of the RTS Rules in their department. Consequently we recommend that –

- Public service standard should be prepared in consultation with the employees of the department dealing with the public, in addition to its officers and the service users, by publishing the charter and inviting suggestions from all concerned.

- The service standard shall be displayed (in English, Hindi and the local language) prominently at the entrance of the department concerned, These should be printed and made available with the Receptionist or the Public Relations Officer (PRO), so that any citizen going to the Department can have it free of charge.


Introduction of e-Governance: Maximum advantage should be taken of the progress in Information Technology. Citizens’ Charter should form a part of the Government’s website. All incoming letters, applications and complaints should be computerised, and the current status is reflected on the internet. As a result, it should be possible for any applicant or complainant to ascertain the progress in his case without visiting the Office or to take the help of a Dalal or tout. It should be incumbent on the Department on receipt of any application to immediately point out to the party, if there is any deficiency.

Compensation: It is essential to provide in every service standard a clause stating the compensation payable if the promised service is not delivered in time. This alone will make the officer concerned with the delivery of the specific service fully accountable for any delay or denial of that service. Such a provision exists in several services (particularly relating to the critical services like water, electricity, telephone and gas) in U.K. In certain service standard in Andhra Pradesh, compensations have been provided for and paid. A precedent for payment of penalty or compensation also exists in the Central Right to Information Act 2005 and some other similar states’ Acts.

We recommend that the compensation should be paid by the Department to the aggrieved citizen without his going to a Court. However, the payment of compensation recommended as aforesaid, shall not be the end of the matter because the principal object of the delivery of service is not achieved. In case there is default even during the extended period, the citizen concerned shall refer the matter to the Citizens’ Ombudsman.

Review: Every service standard should be reviewed periodically by the Head of the Department concerned, in consultation with the service users and the Citizens’ Ombudsman. The date of issue of every service standard shall be mentioned on it.

The Citizens’ Ombudsman (Lok Prahari): To address citizens’ problems a small Committee as under should function as Citizens’ Ombudsman or Lok Prahari attached to every Department of the Delhi Govt. dealing with the public, for which service standard has been issued. The Citizens’ Ombudsman panel shall consist of three members: -

a) An Expert or Specialist having knowledge of the Department - this


person could be a superannuated officer who may have knowledge about the working of the Department or say in the case of Health, a Doctor and in case of PWD a Civil Engineer.

b) A Representative of the Service Users Association: Where no such association exists, the Department shall try to promote one.

c) A social activist representing any NGO interested in the work of service standard’s implementation.

The Citizens’ Ombudsman should have access to files and documents connected with a grievance and be entitled to meet any assistant or officer of the Department, including the Head of the Department to ensure justice and fair play to the citizen. Where necessary the Citizens’ Ombudsman will have access to the Department of Public Grievances to seek redress for the wronged citizen.

Where a bribe has been demanded from the citizen, he shall report the matter to the Citizens’ Ombudsman. If satisfied that the complaint is genuine, the Citizens’ Ombudsman will request the Vigilance Department to take action against the erring officer.

Orientation of Officers and Staff : There is an urgent need to impart information and training to officers and staff regarding the necessity for service standard, their active role in the formulation and whole-hearted cooperation in their implementation.

T I India’s Suggested Guidelines for Hassel-free Public Services

1) It should be drafted in consultation with the concerned service-seekers, service-provider and the NGOs. It should be reviewed periodically and revised whenever there is any change in the information mentioned therein.

2) There should be a separate Citizens’ Charter (i.e., Local Citizens’ Charters) for each office covering the services they provide. For example, there should be a separate Charter of the Directorate, its subordinate offices, hospitals, schools, etc. according to the particular services they provide.

3) Mention Service Standards - Step-by-step-Procedure based on ‘Where to go; how to proceed’, simple and easy to fill-in


forms in local language/s, specimen of duly-filled in forms, documents, fees, etc. required, reasonable time schedule, Do’s & Don’ts, etc.,

4) List all offices according to services they provide, indicating area-wise office location, public services they render, names, addresses, Tele. Nos. of concerned officials, and detailing their alternatives, etc.

5) Reasonable time schedule keeping in view the application o Information Technology. For example, Delhi Government is providing Birth/Death Certificates and Driving Licenses on the same day.

6) Visit of any of the service providers (like Police, Rationing Office) to any of the service seeker for verification should be with prior appointment only (particularly in view of working nuclear families). In case if the concerned service seeker is not available, the visiting service provider should leave his contact number, his next meeting time, place and other details.

7) Minimum documentation, self-attestation and self-declaration : According to Ministry of Personnel, Public Grievances & Pensions’ circular No. K-11022/67/2012-R dtd. May 10, 2013 some Ministries / State Governments have adopted the provision of self-certification of documents like marks-sheet, birth certificate etc. instead of asking for an attested copy of the documents by a Gazetted Officer or filing of affidavits. Under the self attestation method, the original documents are required to be produced at the final stage.

8) No duplication - In case desired information and document submitted earlier like proof of residence (if there is no change), birth certificate, etc., it should not be asked again.

9) Regular monitoring of delivery of services to make service providers accountable. One of the means to monitor is through electronic-Service Level Agreements (e-SLA)

10) If promised services are not provided as per specified time schedule, an effective grievance redress mechanism


(including the provision of compensation to the concerned citizen in order to introduce accountability) should be introduced by creating a unified independent appellate authority at the district, block levels and other lower levels.

11) Provision of “TATKAL” (immediate) Services if somebody is in urgent need (as in the case of Passport, Railways, etc.) to avoid touts and bribery.

(12) Minimize the number of forms. Such Forms in local languages should be publicized through newspapers and the concerned website to enable service seekers to get them copied use it.

13) Proactive disclosure of all information frequently required like ownership of property, vehicle, tax and dues paid or pending, etc. through regular up-dating of database.

14) Salient features of each service should be prominently displayed in simple and easy language at all places (including entry points of the concerned service providers) likely to be visited by the service seekers.

15) Application of Information Technology (IT) to provide urban facilities in rural areas (PURA) by computerization of all records and putting them on the respective websites. IT can also be used for FIR registration and its online monitoring, medical consultations as is being served under the Tele-medicine Project in Midnapore; Apollo Hospital in Andhra Pradesh, and AIIMS in Ballabhgargh (Haryana).

16) If possible, the services and their related information may be presented in a tabular form as suggested on the next page.


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New Guidelines on Public Interest Disclosure and Protection of Informers (PIDPI) Whistleblowers Protections

Whistleblowers who fear threat to life or harassment can seek security from the government.

The Department of Personnel and Training (DoPT) has authorised chief vigilance officers (CVOs), who act as distant arm of Central Vigilance Commission, to take a decision on providing security to whistleblowers.

"If CVOs in the ministries or department, either on the application of the complainant or on the basis of the information gathered, are of the opinion that either the complainant or the witnesses need protection, they shall take up the matter with the Central Vigilance Commission for issuing appropriate directions to the authorities concerned," DOPT said in an order.

DoPT has issued a detailed procedure (in June 2014) for handling of complaints under Public Interest Disclosure and Protection of Informers (PIDPI) Resolution to be followed by the Chief Vigilance Officers of central government ministries and departments.

CVOs have been authorized as the designated authority to receive written complaint or disclosure on any allegation of corruption or misuse of office by or under any central Act, government companies, societies or local authorities owned or controlled by the central government and falling under the jurisdiction of that ministry or the department.

As per the guidelines, people need to give a certificate that they have not made "similar/identical allegation of corruption/misuse of office to any other authorities to qualify as a whistleblower complainant".

President Pranab Mukherjee in May 2014 given assent to the Whistleblowers Protection Act, 2011, which provides a mechanism for protecting the identity of whistleblowers — a term given to people who expose corruption.

The Act provides for a system to encourage people to disclose information about corruption or willful misuse of power by public servants, including ministers.

Identify whistleblower before probing accused: DoPT

In a new procedure notified for dealing with complaints filed by officials, the department of personnel and training (DoPT) said the officer


designated under public interest disclosure resolution of 2004 will have to first get the identity of the complainant verified.

The government will probe the accused only after the complainant’s credentials are verified and he gives an undertaking that the complaint has not been lodged with any other government agency.

The DoPT has issued a detailed procedure for handling of complaints under Public Interest Disclosure and Protection of Informers (PIDPI) Resolution.

This exercise would have to undertaken even if the complainant has provided his identity details. The apparent reason for the procedure is to prevent any impersonation as there have been cases of complaints being filed in name of other officers.

The complainant will also have to give an undertaking that he or she has not filed the same petition with any other government agency to qualify as “whistle blower” complainant.

Once that happens, the designated officer will ensure that the identity of the complainant is removed from the body of the complaint and it is forwarded for investigation. This will be done to protect the identity of the complainant.

The department has extended the scope of the rule to all central government offices, including companies, societies and local authorities controlled by the Centre.


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APPENDIX

Govt may drop attestation of documents by gazetted officers

Modi says self-attestation should be sufficient

In a meeting with secretaries on June 4, 2014, the Prime Minister Narendra Modi has asked his bureaucrats to repeal all laws and rules which come in the way of effective governance. The PM suggested government departments should adopt the system of self-attestation of certificates, photographs and marksheets, instead of asking for attested documents or filing of affidavits because it is a hassle for the common man. Anyway, the original documents are required to be produced at the final stage. Application forms should be made short and simple by doing away with unnecessary fields.

Obtaining either an attested copy or affidavit not only costs money but also leads to wastage of time for government officials as well as citizens, including students, job applicants and beneficiaries of various government schemes.

The Second Administrative Reforms Commission, in its report in 2009, recommended the adoption of the self-certification provision to simplify procedures. Taking a cue from this, the Ministry of Personnel, Public Grievances and Pensions issued a circular last year, and some departments and state governments such as Gujarat and Goa had adopted it. But it has not been fully enforced at all levels.

The prime minister, who keeps himself updated with the day's news on an iPad and clicks selfies with his smartphone, told bureaucrats that rules and by-laws which hamper the effective use of technology should also be done away with. He asked them to use technology such as internal emails and intranet in a big way.

He has directed his officers to identify 10 rules and regulations which can be scrapped or revisited to make them more effective in today’s environment. He has directed officers to prepare a dossier of such rules and by-laws and present them for review.

He also said rules regarding transfer and postings of officers needed to be changed to ensure there was continuity of service. The Prime Minister added those who are underperforming could lose their promotion prospects. “The PM said ‘I don’t believe in transfers. Even if


a guy doesn’t perform I have to think 15 times what to do with him because I am not transferring a person, I am transferring a problem’,” said another official.


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Self-certification of documents instead of Attestation of documents by Gazetted Officers – Department of Administrative Reforms recommends self-certification of documents in lieu of Gazetted Officer’s Attestation

No.K-11022/67/2012-AR

Government of IndiaMinistry of Personnel, Public Grievances and Pensions

Department of Administrative Reforms & Public GrievancesSardar Patel Bhavan, Sansad Marg, New Delhi-110001.

Dated the 10th May, 2013

OFFICE MEMORANDUMSubject: Self-certification

The Second Administrative Reforms Commission in its 12th Report titled “Citizen Centric Administration – The Heart of Governance”, has recommended, adoption of self-certification provision for simplifying procedures. (www:darpg.gov.in)

2. Taking a cue from this some Ministries/State Governments have adopted the provision of self-certification of documents like mark-sheet, birth certificate etc. by the applicants/stakeholders instead of asking for an attested copy of the documents by a Gazetted Officer or filing of affidavits. Under the self attestation method, the original documents are required to be produced at the final stage.

3. You will appreciate that the above method is citizen friendly and obtaining either an attested copy or affidavit not only cost money but also involves wastage of time of the citizens and the Government officials.

4. It is requested to kindly review the existing requirements of attested copy or affidavit in various application forms in a phased manner and wherever possible make provision for self-certification of documents, after obtaining the approval of the competent authority.

Sd/-(Sanjay Kothari)

Secretary to the Government of India


No. 1-9/2009-ARGovernment of India

Ministry of Human Resources DevelopmentDepartment of Higher Education

……..Shastri Bhawan, New Delhi

Dated the 15th July, 2013

To,

Heads of all Autonomous Organisations/Attached Offices/PSU under Department of Higher Education.

Subject: Self-certification – reg.

Sir/Madam,

Please find enclosed a copy of O.M. No. K-11022/67/2012-AR dated 10th May, 2013 received from the Secretary, Department of Administrative Reforms & Public Grievances (D/o AR&PC) on the subject cited above. Briefly, it is stated that the 2nd ARC in its 12th Report titled Citizen Centric Administration – The Heart of Governance”, has recommended adoption of self-certification provision for simplifying procedures, which has been accepted by the Government of India.

2. Accordingly, as mentioned in the D/o AR&PCG’s above mentioned O.M., it is requested to review the existing requirements of attested copy of affidavit in various application forms in a phased manner and wherever possible make provision for self-certification of documents, after obtaining the approval of the competent authority. Action Taken Report (ATR) in this regard, may please be sent through your Bureau in the Department of Higher Education.

Encl. a.a.Yours faithfully,

Sd/-(R.C. Meena)

Economic Adviser (HE)Tel: 23383432

Copy to: The concerned Bureau Heads in the D/o HE with the request to follow up the matter with the Organisations/Institutions under their control for implementation of the above recommendation.

Copy to: The Secretary, D/o AR&PG w.r.t. O.M. No. K-11022/67/2012-AR dated 10.05.2013.

Copy for information to:- PSO to Secretary (HE).NIC/CMIS: for uploading on e/Office/website


MADHYA PRADESH

S.No.

Name ofService

Designated Officer

Time limit for service

First appeal officer

Time limit for disposal of first appeal

Second appellant authority

1. Domicile Certificate

Tahsildar / Nayab

Tahsildar

7 working days

SDO (Revenue)

15 working days

Collector

2. New Water

Connection

CEO Nagar

Palika/Nagar

Panchayat

30 working

days

SDO

(Revenue)

30 working days

Collector

3. Copies of

Khasra&

Khatoni

Tahsildar or

Revenue Officer

authorized by

Tahsildar

5 working days

SDO

(Revenue)

30 working days

Collector

4. New Electricity

Connection

Zonal /

Distribution

Centre In- charge

10 working

days

Executive

Engineer

30 working days

Superintendent Engineer

5. Financial Help

-National

Calamities (As per Revenue

Book Circular

part –

6)

SDO

(Revenue)

30 working

days

Collector

30 working days

Commissioner

Collector

Collector


UT

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1 2

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30

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Ma

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20

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30

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30

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(orig

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d

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Ma

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30

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d

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isa

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30

w

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30

w

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Na

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Are

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30

w

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M

un

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mm

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a

45

w

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d

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om

mis

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30

w

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d

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Ce

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Me

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60

w

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ing

d

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na

l A

dd

itio

na

l D

ire

cto

r

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w

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ing

d

ays

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l C

om

mis

sin

er

Fo

od

and

ci

vil s

up

ply

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f n

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.P.L

. R

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Ca

rd (

Urb

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Are

a R

atio

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Dis

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t S

up

plu

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30

w

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d

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ag

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30

w

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d

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.P.L

. R

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Ru

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Are

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d

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div

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30

w

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d

ays

Dis

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t M

ag

istr

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DELHI

1 Food & Department. supply Issue of APL Ration Cards

2 Revenue Department Issuance of SC/ST Certificates

3 Revenue Department

Issuance of OBC Certificates


Issuance of Domicile Certificate

5 Revenue Department Issuance of Income Certificate

6 Revenue Department Issuance Certificate of Nationality


Issuance Certificate of

Solvency

8 Trade & Taxes

Registration of Dealers under VAT

9 NDMC Registration of Birth

10

NDMC

Registration of Death

11

MCD

Registration of Birth

12 MCD Registration of Death

13 Excise, Entertainment and

Luxury Tax Department.

Luxury Tax Registration

14

Excise, Entertainment and

Luxury Tax Department.

Registration of Cable Operators

Services included


Sl. No.

Service Category

Name of Service Designated Officer

Time Limit

Service Delivery

1. Ration Cards (Food & Supply Department)

1. Issue of New Ration Card

2.Issue of Ration Card on receipt of surrender Certificate 3. Issue of Duplicate Ration Card 4. Inclusion of family member name in Ration Card 5. Deletion of family member name in Ration Card 6. Change of Address with same Jurisdiction 7. Change of Address including change of FPS

Food Inspector /AFSO

15 days

07 days

07 days

07 days

07 days

03 days 03 days

01 days

Currently Manual ; Automating under Smart ration Card based PDS Project

Certificate

8. Issue of Surrender

Haryana


2

Certificates (Revenue)

9. Issue of SC Certificate

10. Issue of BC Certificate

11. Issue of OBC Certificate

12. Issue of Resident/ Domicile Certificate

13. Issue of Tapriwas/VimuCertificate

14. Issue of Income Certificate

15. Issue of Rural Area Certificate

Tehsildar

07 days

07 days

07 days

07 days

07 days

07 days

07 days

Computerized at e-DISHA Centres HARCIS

3

Sub Registrar

16. Registration of Property /

Tehsildar

01 day

Computerized / HARIS

(Revenue)

Land (HARIS Related Services)


4

Land Records (Revenue)

17. Sanction of Mutation of Land (All kind of Mutations available in HALRIS)

18. Providing Copies of Land Records (HALRIS Related Services)

Tehsildar

15 days

05 days

Computerized / HARIS

5

Transport Regulatory (Registering &Licensing Authorities)

19. Issuance of Learner’s Driving License (Sarathi Related Services)

20. Issuance of Permanent Driving License

SDO (Civil)

05 days

07 days

07 days

07

Computerized / Sarathi and Vahan

(Sarathi Related Services)

days


21. Renewal of Driving License

22. Issuance of Duplicate Driving License

23. Endorsement of new Class in Driving License

24. Issuance of Conductor Driving License

25. Registration of New Vehicles (Vahan Related Services)

07 days

07 days

07 days

07 days

07 days

07 days


26. Transfer of wnership of Vehicle

27. Issuance of NOC

28. Issuance of Duplicate R.C.

6

Power Electricity Connections

29. Release of New Electricity Connection

30. Release of Temporary Electricity Connection

31. Enhancement of Electricity Load

SDO (Electri-city)

08 days

08 days

08 days

Partially Manual / Computerized

7

Public Health Engineering

32. Providing New Water Connection

33. Providing of Sewerage

SDO (PHED)

12 days

12 days


Connection



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8.

Birth & Death (Health & MCs)

34. Issuance of Birth Certification (after registration)

35. Issuance of Death Certification

EO (MC) – U/ MO (PHC) - R

07 days

07 days


9

Building Plans ( MCs / HUDA )

36. Approval of Building Plans

EO(MC) / HUDA

21 days

Currently Manual Partially


JAMMU & KASHMIR

Service Included:



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Services Included:

S.

NO. Name of

Public Service

Designated

Officer List of

documents

required to

Service

Time

limit

for

service

1

Certificate that land is not in Planning & Special Area.

? Deputy Commissioner

Kangra, Chamba andKullu vested with the powers of Director, TCP.

? Chairman, Special Area Development Authorities vested with the powers of Director, TCP.

? Chief Executive Officer, BBNBA vested with the powers of Director, TCP.

? Town and country planner/ assistant town planner/

planning officer of district.

? Executive officers of municipal committees vested with the powers of Director, TCP.

Revenue papers of the land

3 working days.

Change of Land use.

Same as above

As prescribed in form –

X

under Rule 12 of the

HPTCP Rules 1978

60 days

JHARKHAND (RANCHI)


3. Development Permission

Same as above As prescribed in form – XI under Rule 12 of the HPTCP Rules 1978

60 days

4. NOC for release of basic services.

Same as above Permission No. and date vide which development permission was granted

15 days

5. Complaint regarding detection of unauthorized construction/deviation from approved plan and action thereof.

Same as above Location of unauthorized construction and name of the person.

30 days

6. Supplying copy of record.

Same as above Details of the record required.

7 days

7. Compensation of offences

Same as above As prescribed in form – XVII-D under Rule 19-E of the HPTCP Rules 1978

60 days


UTTARAKHAND

Services Included



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ODISHA

Service Included:



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WE

ST

BE

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AL

Serv

ice In

clu

ded

:

SL.

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RV

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.

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7 d

ays

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.

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lar

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ice

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.

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2. W

est

Be

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Hig

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r Ed

uca

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n:-

SL.

NO

. SE

RV

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D

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OFF

ICER

STIP

ULA

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TIM

E LI

MIT

AP

PEL

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OFF

ICER

REV

IEW

ING

OFF

ICER

1

Co

nd

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insp

ecti

on

and

su

bm

itti

ng

an

enq

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y re

po

rt f

or

sett

ing

up

of

new

co

llege

s

(Sci

ence

/ A

rts

/

Co

mm

erce

/ L

aw /

B. E

d.

/ B

. P. E

d.

and

oth

er

pro

fess

ion

al c

olle

ges)

Mem

ber

Secr

etar

y

3 m

on

ths

fro

m

the

dat

e o

f

rece

ipt

of

app

licat

ion

,

com

ple

te in

all

resp

ects

Vic

e-

Ch

airm

an

Ch

airm

an,

WB

SCH

E

2

Co

nd

uct

ing

of

insp

ecti

on

and

su

bm

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on

of

enq

uir

y re

po

rt in

rel

atio

n

to in

tro

du

ctio

n o

f n

ew

sub

ject

s /

cou

rses

/

pro

gram

me

in

Join

t Se

cret

ary

3 m

on

ths

fro

m

the

dat

e o

f

rece

ipt

of

app

licat

ion

,

com

ple

te in

all

Mem

ber

Secr

etar

y,

WB

SCH

E

Vic

e-C

hai

rman

/ C

hai

rman

,

WB

SCH

E


3. W

est

Be

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l Co

llege

Se

rvic

e C

om

mis

sio

n:-

SL.

NO

. SE

RV

ICES

D

ESIG

NA

TED

OFF

ICER

STIP

ULA

TED

TIM

E LI

MIT

AP

PEL

LATE

OFF

ICER

REV

IEW

ING

OFF

ICER

1

Rec

ruit

men

t /

Sele

ctio

n

of

Ass

ista

nt

Pro

fess

ors

,

Lib

rari

ans

and

Pri

nci

pal

s

in G

ove

rnm

ent-

aid

ed

Co

llege

s

Sect

ion

Off

icer

Wit

hin

on

e ye

ar

of

the

last

dat

e o

f

rece

ipt

of

app

licat

ion

Ass

ista

nt

Secr

etar

y

Secr

etar

y,

WB

CSC

2

Co

nd

uct

ing

Stat

e

Elig

ibili

ty T

est

(S.E

.T.)

fo

r

Ass

ista

nt

Pro

fess

or

and

Lib

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ans

Sect

ion

Off

icer

Wit

hin

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ur

mo

nth

s fr

om

th

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last

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f

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ipt

of

app

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ion

Ass

ista

nt

Secr

etar

y

Secr

etar

y,

WB

CSC


GOA

Service Included:

Name of Department

Service Designated Officer

Time Limit

Collectorates Issue of form I & IIV

Mamlatdars of Talukas

2 days

Residents Certificates


10 days

Diversions Certificates


10 days

Income Certificates


10 days

Caste Certificate

Deputy Collector and SDO of Taluka

12 days

N.O.C. to transport a dead body to another state

Deputy Collector and SDO of Taluka

2 days

Transporting a dead body outside India

Addl Collector and District Magistrate

2 days

Directorate of Panchayat

Counter Signature on Income Certificates issued by Village Panchayat of Jurisdiction

BDO of Taluka 4 days


Income Certificate

Village Sarpach/ Administrators

6 days

Residence Certificate

Village Sarpach/ Administrators

10 days

Births/Deaths Certificates

Village Panchayat Secretaries

2 days

Department of Municipal Administration

Births/Deaths Certificates

Registrar of Birth and Death of Municipality/ Corporation

2 days

Department of Civil Supplies and Consumer Affairs

Issue of surrender certificates on transfer to other city or otherwise

Mamlatdar for DarbandoraTaluk. Joint Mamlatdar-I for all other Talukas.

5 days

Issue of New Ration Card within the state

Mamlatdar for DarbandoraTaluk. Joint Mamlatdar-I for all other

30 days


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Transparency International India is the accredited India chapter of

Transparency International, an international civil society organisation

based in Berlin. It is a non-government, non-party and not-for-profit

organisation of Indian citizens with professional, social, industrial or

academic experience seeking to promote transparent and ethical

governance and to eradicate corruption.

We envision a corruption free India where the poor do not lose their

voice in the face of corruption, and make it our mission to support a

committed effort to improve transparency and accountability through

the broadening of knowledge and effective action for eradicating

corruption.

Therefore, we consider good governance, capacity building,

communication, advocacy, participatory monitoring, research, and

engaging with the Government, private sector and NGOs as our main

areas of priority.

VISION:

To create a corruption-free India, so that the poor do not lose their voice

to corruption.

MISSION:

To lead and support a committed effort to improve transparency and

accountability by eradicating corruption through widening of

knowledge and catalyzing action.

PRIORITY AREAS:

Good governance, research, capacity building, communication and

advocacy, participatory monitoring, engaging with Government,

private sector and NGOs.

Transparency International India



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