Right to Service Laws Rules in India Pralhad

Right to Service Laws & Rules in India Pralhad Kachare pkachare@gmail. com

Right to Service regime in India • Right to Service regime started in India around 2005 -06 with first Maharashtra passing Prevention of Delay in Discharge of Official Duty Act 2005. • Since year 2010 after passing Madhya Pradesh Right to Service Act the regime picked up some speed…. . • Madhya Pradesh Act was followed by many other states… • Now after passing recent Haryana Right to Service Act 2014 almost 20 states have such Laws. . • Some of the states have made rules…. . • Punjab & Haryana have provided for constitution of State Right to Service Commission on the pattern of State Information Commission. pkachare@gmail. com - 04 th Nov 2014

Impact & Outcome • Right to Service Acts attempt to regulate performance…… • This is a shift from ‘governing for regulation’ to ‘governing for results’…. . • Accountability shortfalls are being indentified and dealt with for streamlining delivery of services and • These laws will effectively check deficit of implementation of various welfare laws and welfare schemes…. . • There have been some studies done to evaluate the impact and outcome of RTS Acts of M. P & Bihar…. • However, now research studies for evaluating outcome of these Acts are required to be done for all 20 states… pkachare@gmail. com - 04 th Nov 2014

Paradigm Shift from Charter to Guarantee • Following 20 state Right to Service Laws have potential to bring about revolutionary Shift of Governance – 1. From Citizens Charter or Promises – to Right to Services and Services Guarantee – 2. From Regulation to Results and ultimately – 3. From just output to. Actual outcomes pkachare@gmail. com - 04 th Nov 2014

List of Right to Service Acts in India Sr. No. Name of the Act Date of commencement 1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005 2. Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee 18 th August 2010 Adhiniyam 2010 3. Uttar Pradesh Janhit Guarantee Adhiniyam 2011 13 th January 2011 4. The Jammu & Kashmir Public Services Guarantee Act 2011. 13 th April 2011 5. The Delhi (Right to Citizen to Time Bound Delivery of Services) Act, 2011. 28 th April 2011 6. The Bihar Right to Public Services Act, 2011 15 th August 2011 7. The Rajasthan Guaranteed Delivery of Public Services Act, 2011 21 st September 2011 8. The Uttarakhand Right to Service Act, 2011 4 th October 2011 pkachare@gmail. com - 04 th Nov 2014 2 nd July 2006

List of Right to Service Acts in India Sr. No. Name of the Act Date of commencement 9. The Himachal Pradesh Public Services Guarantee Act, 2011 17 th October 2011 10. The Pujab Right to Service Act, 2011 20 th October 2011 11. The Jharkhand Right to Service Act, 2011 15 th November 2011 12. The Chattisgarh Lok Seva Guarantee Act 2011 12 th December 2011 13. The Assam Right to Public Services Act, 2011 29 th March 2012 14. The Karnataka (Right of Citizens to Time Bound Delivery of Services ) Bill 2011 02 nd April 2012 15. The Kerala Right to Service Bill 2012 27 th July 2012 pkachare@gmail. com - 04 th Nov 2014

List of Right to Service Acts in India Sr. N o. Name of the Act Date of commencement/ notification 16. The Odisha Right to Public Services Act, 2012 01 st November 2012 17. The Gujarat (Right of Citizens to Public Services) Bill 01 st April 2013 18. The Goa (Right of Citizens to Time Bound Delivery of Services) Bill, 2013. 02 nd May 2013 19. The West Bengal Right to Public Services Act, 2013 27 th September 2013 20. Haryana Right to Service Act, 2014 26 th March 2014 Govt of India- The ‘Model Public Services Law’ One of the items included in the President’s Address to Parliament on the 4 th June, 2009 Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 This bill was introduced in Loksabha –yet to be passed pkachare@gmail. com - 04 th Nov 2014

1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005 • Only Chapter –III deals with Prevention of Delay applicable to all employees including all India services officers working for state government…… • Rest of the chapters deal with Government Servants Regulation of Transfers • Section-8 –mandates publication of Citizens charter by each office of each Govt department. • Section 9 –mandates declaration of only three levels of submission in each office • It also mandates publishing of lists of subordinate officers who have been delegated powers ……. pkachare@gmail. com - 04 th Nov 2014

1 -1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005 • Only Chapter –III deals with Prevention of Delay • Section 10 – provides for penalty by way of disciplinary action against officers/employees responsible for delay in providing government duty…. • Word ‘service delivery’ not expressly used…instead ‘discharge of official duty or work assigned ’ is used………but citizen charter contains almost all services, schemes and benefits for citizens • No provision regarding fine, penalty or compensation is not made. • Rules published in 2013 • Public perception ----Outcome is not visible pkachare@gmail. com - 04 th Nov 2014

2. Madhya Pradesh Lok Sewon Ke Pradan Ki Guarantee Adhiniyam 2010 • Madhya Pradesh Act • Sec. 3 - Notification of Services /Time Limit to provide Services / Designated Officers/ Appellate Officers • Sec. 4 - Right to get Notified Service in Stipulated Time • Sec. 5 - To provide Notified Service in Stipulated Time • Sec. 6(1)- First Appeal within 30 Days • Sec. 6(3)- Second Appeal within 60 Days • Sec. 6(6)- Powers of Civil Court (CPC 1908) • Sec. 7 - Penalty – 1. Lumpsum Rs. 500 to 5000 for failure to provide Service • 2. Rs. 250 per Day upto Rs. 5000 for Delay period • Sec. 8 - Review to Government within 60 Days • Rules 2010 • 1. No Court Fee for Appeal / Review • 2. Recovery of Penalty – From Salary – Head 0070(60)(800) pkachare@gmail. com - 04 th Nov 2014

3. Bihar Right to Public Service Act, 2011 • • • Bihar Act Sec. 3, 4, 5 ----Same as MP Sec. 6(1)---Appellate Authority – 1 st Appeal – 30 Days Sec. 6(3)---Reviewing Authority – 2 nd Appeal – 60 Days Sec. 7 ---Penalty – Not Specified (As per Rules) (Rule 8 – Rs. 500 to 5, 000) Sec. 8 -----Misconduct – Discipliner Action Rules – 2011 Rule 8 Rule 18 Penalty- Rs. 500 to 5000 (As per MP) Direction & Training pkachare@gmail. com - 04 th Nov 2014

4. The Delhi (Right to Citizen to Time Bound Delivery of. Services) Act 2011 • • • • Delhi Act ---2011 Sec. 2 --‘Citizen Related Services’ – included in Schedule Sec. 5 --Citizen empowered to Monitor Status of application online Sec. 6 --e-governance of Services Sec. 7 --Penalty – Rs. 10 per day upto Rs. 200 per application Sec. 8 --Payment of Compensatory Cost to citizen Sec. 10 --Fixing of Liability on Govt. servant- comp, Act Sec. 11 --Appeal – within 30 Days-Appellate authority not below Jt. Secretary Sec. 12 --Developing culture to deliver Services in fixed review Default – not to count as misconduct Habitual Defaulter – D. E. (A. A. ) ( > 25 Defaults in a year) (3) Incentive – Rs. 5, 000 to those – No Default in a year – encourage and enhance efficiency Sec. 13 --Demand Service Condition 33 --e-SLA Services – Proposed of Diff Depts. 14 --Service Already integrate will e-SLA pkachare@gmail. com - 04 th Nov 2014

5. The Punjab Right to Service Act 2011 • Sec. 9(1)(a)--Penalty – 500 to 5000 – Power with second appellate authority • Sec. 10 --Revision to Commission, Within 60 days • Sec. 11 --Display of Services & time limit on website of Dept. • Sec. 12 –State Commission for Right to Service • Sec. 13 --Commissioners of Commission – 1 chief + 4 commissioners • Sec. 17 --Powers and factions of commission • First appeal – Sec 6 (4) – Disposal within 30 Days • Second Appeal – Sec 7 (2) - Disposed within 60 Days pkachare@gmail. com - 04 th Nov 2014

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6 -The Rajasthan Guaranteed Delivery of Public Services Act, 2011 • Sec. 7 --Display of Info. Related to Services on Notice Board • (Form 2) • Similar provisions as in Bihar Act. • 108 Services of Diff Depts. Are Notified • (Service / Time Limit / Desi. Officer/ 1 St A. A. / 2 nd A. A. ) • Disposal of 1 st Appeal within 21 Days. (Noti- 20/10/2011) • Implementation Guidelines Issued - ����� ) pkachare@gmail. com - 04 th Nov 2014

7. The Gujarat (Right of Citizen to Public Services) Act 2013 • Sec. 2(C)---‘Days’- mean working days. • Sec. 5 ---Designated officer • Sec. 6(1)---Appointment of Grievance Redressed officers (GRO like PIO) • Sec. 10 --Appeal –in 30 days • Sec. 11 ---State Appellate Authority – 3 members • Sec. 22 ---Corrupt Act- -------------- • Sec. 23(1)---Rs. 1, 000 to 10, 000 (Desi Off. /GRO) • Sec. 23(2)---Compensation to appellant • Sec. 23(3)--Disciplinary Action (D. A. ) • Sec. 26 --Enforcement of order of State Appellate Authority as decree or order of a cost. • Sec. 29 --Power to make Rules (Elaborated) pkachare@gmail. com - 04 th Nov 2014

8. The Himachal Pradesh Public Services Guarantee Act 2011 • • • Sec. 6 --First Appeal – within 30 Days Disposal-- within 30 Days (Max – 45 Days) Sec. 7 --Second Appeal – within 60 Days Disposal – Time Limit not mentioned Sec. 8(1)--Penalty – 500 to 5, 000 Rs. (Second A. A. ) Sec. 8(2)--Compensation - not more than penalty. B. Rules Rule 4 --Display of Info on Notice Board & website Rule 9 --Deposit of penalty amounts / Head pkachare@gmail. com - 04 th Nov 2014

9. The Kerala Right to Service Act 2012 • Sec. 6 ---Appeal • Sec. 6(1)--First Appeal – within 30 Days – with Prescribed Fee • Disposal – Stipulated Time • Sec. 6(4)--Second Appeal – within 60 days with prescribed Fee • Disposal – Stipulated Time • Sec. 8 --Penalty – 500 to 5000 Rs. • (1) Fine on Designated officers – Rs. 250 per day • (Limit 5000 Rs. ) • (2) Fine on first A. A. – 500 to 5000 Rs. • (3) Disciplinary Action pkachare@gmail. com - 04 th Nov 2014

10. The Karnataka (Right of Citizens to Time Bound Delivery of Services ) Act 2011 • Sec. 6 ---Monitoring status of the application online • Sec. 9 --Liability to pay Compensatory cost of Designated officer Rs. 25 per day per application max up to Rs. 500 • Sec. 10 --Competent officer – Group ‘A’ / powers of DDO • To Pay compensation cost to citizen • Sec. 11 --Fixing of Liability • Within 15 days of payment of compensatory cost. • Preliminary Enquiry before fixation of Liability. • Sec. 12 --Right of appeal by the public servant – to A. A. within 30 days • Sec. 13 1 st Appeal by Citizen to Competent Authority with 30 days • 2 nd Appeal – to Appellate Authority within 60 Days • Sec. 14 ---Developing Culture to deliver Services within fixed period. • Sec. 15 ---Deemed Service Condition • Schedule (Sec. 2 (h)) • List of Services, Designate Officer, Stipulated Time, competent Officer, Time Limit for Disposal of First Appeal, Appellate Authority + Time limit for Disposal of Second Appeal pkachare@gmail. com - 04 th Nov 2014

• • • • • 11. Chhattisgarh Lok Seva Guarantee Act, 2011 • Schedule Sec. 2 (h)) Sec. 4 --Penalty – Rs. 100 per day for a period of delay. Maximum up to 1, 000 Rs. Sec. 5 --Competent officer Sec. 7 --Right to Appeal against order of Competent Officer within 30 days to Appellate Authority. Disposal of appeal within 45 days. B. Rules Rule (3)--Authorization of Designate of Officer for delivering Lok Seva. Rule (6) - Declaration of Competent Officer (Not Below the Rank of Designated Officer) - enquiring the default or delay power to impose cost on Designated Officer. Rule (7) - Appellate Officer Not below the rank of Competent Officer Rule (8)--No fees for appeal. Rule (13) In case of dismissal or rejection of appeal the designate officer him to pay cost amount within 7 days. Rule (14)--Method for the payment of cost. (1) Designated officer to pay (2) DDO to Recover from salary Binding on DDU Rule (15)--Stipulated Time – Working Days. pkachare@gmail. com - 04 th Nov 2014

12. The Jammu and Kashmir Public Services Guarantee Act 2011 • • • • Sec. 3 --Right to Public Service Sec. 3(1) + 3(2)--Elaborative Sec. 6 --First appeal to first A. A. within 30 days --Disposal within 45 days Sec. 7 --Second appeal to second A. A. within 60 days--Disposal within 45 days Sec. 10 --Penalty for noncompliance of orders of A. A. aggrieved person to file application before second A. A. Fine imposed is Rs. 500 to 5, 000 Sec. 11 Penalty for not providing service i) Rs. 250 per day of delay up to Rs. 5, 000 ii) Rs. 2000 in case of deficiency in service Sec. 12 --Penalty for not deciding the appeal within specified time by F. A. A. --Rs. 500 to 5, 000 Sec. 13 ---Compensation up to limit of fine imposed. Sec. 14 --Disciplinary Action Second A. A. may recommend Disciplinary Action against Designated officer or first A. A. pkachare@gmail. com - 04 th Nov 2014

13. The Uttarkhand Right to Service Act 2011 • • • • • Sec. 6 ---First appeal with first A. A. within 30 days---Disposal within 30 days Sec. 7 ---Second appeal – with second A. A. within 30 days--Disposal within 60 days Sec. 9 ---Penalty – power with second A. A. (1) a. Rs. 500 to 5, 000 – failed to provide service b. Rs. 250 per day for delay period up to Rs. 5000 (2) Compensation to appellant up to amount of penalty (3) Recommend Disciplinary action against defaulters. Sec. 10 ---Revision with Commission within 60 days Sec. 12 ---Constitution of Commission Sec. 13 ---Composition of Commission ---One Chief Commissioner and 2 Commissioner Sec. 17 ---Power and functions of commission Commission as in RTI Act pkachare@gmail. com - 04 th Nov 2014

14. The Uttar Pradesh Janhit Guarantee Adhyadesh- • • • 2011 Sec. 6—Appeal First appeal with first appeal officer within 30 days. Second appeal with Second A. within 60 days. Sec. 7 --Penalty – Power with Second A. A. (1) A. Rs. 500 to 5000 - Failure B. Rs. 250 per day of Delay period up to 5000 (2) penalty on first A. A. --Rs. 500 to 5000 (3) Compensation to appellant (4) Recommend Disciplinary Action Sec. 8 --Revision with state Govt. Nominated Officer Designated officer or F. A. O. against order of Second A. A. within 60 days. pkachare@gmail. com - 04 th Nov 2014

15. The West Bengal Right to Public Services Act, 2013 • • • • Sec. 6(1)---First appeal with appellate officer within 30 days No time limit for disposal Sec. 6(3)Second appeal with Reviewing officer within 60 days No time limit for disposal Sec. 7 -1(a) (b) (2) (3) Penalty – power with Reviewing officer On Designated Officer - Rs. 250 to 1000 – failed to provide service On Designated Officer -Rs. 250 per day up to Rs. 1000 –Delay in service Penalty on Appellate Officer - Rs. 250 to 1000 - Recommend Disciplinary Action against Designated officer and first appellate officer Sec. 8 - Revision with state Govt. nominated officer within 60 Days Not below the rank of Jt. Secretary Sec. 9 ( 1) Monitoring of application by Citizen online (3) Encouraging and enhancing efficiency of Government employees – To recommend cash incentive. Sec. 12 --Constitution of Commission pkachare@gmail. com - 04 th Nov 2014

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16 -1. The Goa (Right to Citizens To Bound Delivery of Public Services) Bill, 2013 • • • • Sec. 3 --Elaborative as J & K Sec. 6 - Appeal of Appellate Authority (A. A. ) - Civil court powers- CPC 1908 - Levy Fine / Compensation against Designated officer up to Rs. 5000 - Direct Designated officer to pay compensation not exceeding Rs. 3, 500 to eligible person. Sec. 8 --Display of Public Services Sec. 9 --Monitoring the status of application by eligible person online. Sec. 10 --e- governance of services Sec. 11 ---Penalty for non compliance of orders of A. A. - Rs. 1000 to 5000 on Designated officer. Sec. 12 --Penalty for not providing public service ( i) Rs. 50 per day up to 2500 in case of failure to provide service (ii) Rs. 50 per day up to 2500 in case of delay (iii) Rs. 500 in case of Deficiency in service Sec. 13 penalty for not deciding the appeal within time Govt. can fine Rs. 1000 to 5000 on A. A. pkachare@gmail. com - 04 th Nov 2014

16 -2. The Goa (Right to Citizens To Bound Delivery of Public Services) Bill, 2013 • • • • • Sec. 14 --Compensation Sec. 15 --Disciplinary Action Sec. 17 --Disposal of files Preferable on same day or in time bound period. (Schedule) Sec. 18 --Punishment on non disposal of official business Rs. 500 per day up to Rs. 5000 of delay in addition to disciplinary proceedings. Chief Secretary of State Govt is empowered Sec. 21 --Administration of Govt. Property Criminal offence with fine--Not less than Rs. 10000 up to Rs. Ten Lakh and imprisonment may extend to Three years. Sec. 22 --Cognizance and Trial of offences. (1) Any noncompliance of provision of the Act, fine of Rs. 10, 000 (where no separable offence and penalty is provided) (2) Trial by Principle Session Judge. (3) All offences cognizable and Bailable except u/s 22 - which is cognizable and non-bailable Sec. 23 --Duty of Authority to protect Every authority concerned (a) Public transport, private transport including by road, water, air (b) Hospitals / Dispensary (c) School / Colleges / Educational Institutes (d) Municipal Markets / Shopping Compliances Shall be duty bound to prevent any kind of harassment, eve-teasing etc. and to protect pkachare@gmail. com - 04 th Nov 2014 widow, woman, child, PHP, Senior Citizens.

17 -1. The Assam Right to Public Services Act 2012 A. As per RTI Act Sec. 8 - Appeal (1) First appeal to A. A. within 30 days (Disposal upto 60 days) (2) Second appeal with Reviewing Authority within 30 days • (Disposal upto 60 days) • • • pkachare@gmail. com - 04 th Nov 2014

17 -2 The Assam Right to Public Services Act 2012 • A. As per RTI Act • Sec. 9 -- Penalty • (1)(a) Lump sum penalty on Designated officer for failure to provide notified service as prescribed in the rules. • (b) Penalty for Delay on designated officer - as prescribed in the rules • (2) Penalty on A. A. by Reviewing Authority as prescribed in the rules. • Sec. 10 --Non Compliance amounting to misconduct. pkachare@gmail. com - 04 th Nov 2014

17 -3. The Assam Right to Public Services Act 2012 • A. As per RTI Act • B. Rules. • • • • Rule 4 -- Public Holidays not counted for stipulated time Rule 6 --Penalty Rs. 200 to 2000 for sec 9(1)(a) Rs. 50 per day up to Rs. 2000 for sec 9(1)(b) Rs. 200 to 2000 on A. A. and staff for sec 9(2) Rule 7 --No fee for first and second appeal Rule 14 --Recovery of penalty by D. D. O Rule 16 --Publication and Dissemination of guidelines pkachare@gmail. com - 04 th Nov 2014

18. The Jharkhand Right to Service Act 2011 • • • • A. Act Sec. 6 --Appeal – First appeal officer within 30 days Second A. A. within 60 days No time limit for disposal Sec. 7 --Penalty – 2 nd A. A. Can impose Sec. 7(1)(a) Rs. 500 to 5000 – failure to provide service Sec. 7(1)(b) Rs. 250 per day up to 5000 for delay period Sec. 7(2) Penalty to first A. A. Rs. 500 to 5000 Sec. 7(3) Compensation to the appellant Sec. 7(4) Recommend Disciplinary Action Sec. 8 --Penalty amount to be deducted from salary Sec. 9 --Revision with state Govt. Nominated officer within 60 days Sec. 10 Constitution of state public service Delivery Commission pkachare@gmail. com - 04 th Nov 2014

19 -1. The Odisha Right to Public Services Act 2012 • • • A. Act Sec. 5(1) Appeal – within 30 days with authority notified by Govt. Sec. 6 --Disposal within 30 days Revision within 30 days extended upto 60 days with authority notified by Govt. Sec. 8 ---Penalty – power with Revisional Authority Sec. 8(1)(a) Rs. 500 to 5000 – failure to provide service Sec. 8(1)(b) Rs. 250 per day of delay Sec. 8(2) Penalty on A. A. – Rs. 500 to 5000 Sec. 9 Noncompliance amounting to Misconduct Disciplinary Action Sec. 13 --Display in the Public domain – the services and given time limit pkachare@gmail. com - 04 th Nov 2014

19 -2 --The Odisha Right to Public Services Act 2012 • • • B. Rules Rule 8 --Penalty to be recovered from salary etc. – Head Rule 9 --No fee appeal or revision Rule 18 ---Dissemination with training Rule 21 ---Awards- Reward to officers for no default in a year. Cash incentive up to Rs. 5000 with Certificate of appreciation. Form 1 --Form of Acknowledgement Form 2 --Form of Notice Board Form 3, 4, 5 Registers at different levels. pkachare@gmail. com - 04 th Nov 2014

Odisha Hoarding pkachare@gmail. com - 04 th Nov 2014

Odisha Sunboards pkachare@gmail. com - 04 th Nov 2014

20 -1 --Haryana Right to Services Act 2014 • • Section 2 - ‘Service’& ‘Right to Service’ defined Section 3 – Provides for designation of : Designated Officers First Grievance Redressal Authority, Second Grievance Redressal Authority State Right to Service Commission First & Second Grievance Redressal Authority have been vested with powers of Civil Court for purposes of inquiry, compelling attendance and production of evidence pkachare@gmail. com - 04 th Nov 2014

20 -2 --Haryana Right to Services Act 2014 • Second Grievance Redressal Authority empowered – to impose penalty…for proved delay Rs. 250 per day …not exceeding Rs. 5000 in each case. . – to award compensation to appellant up to Rs. 1000. – to initiate disciplinary action against employees failing to discharge duties in prescribed time limit……. . pkachare@gmail. com - 04 th Nov 2014

20 -3 --Haryana Right to Services Act 2014 • State RTS Commission has powers to – Entertain and depose off Revision applications – To carry out inspections of offices entrusted with delivery of services & office of First & Second Grivance Redressal Authorities…. . – Take suo moto action against failure to discharge duty within prescribed time limit. . Can impose penalty…. . – Recommend departmental action – Recommend changes in procedures adopted – Review decisions, give instructions and add services etc. pkachare@gmail. com - 04 th Nov 2014

21. The ‘Model Public Services Law • The ‘Model Public Services Law’ was one of the items included in the President’s Address to Parliament on the 4 th June, 2009. • THE PUBLIC SERVICES (PROTECTION AND REGULATION) BILL, 2009 was prepared and discussed. pkachare@gmail. com - 04 th Nov 2014

22. The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011 • On Dec 20, 2011 this bill was introduced in Loksabha. • On Jan 13, 2012 this bill was referred to Standing Committee • On Aug 28, 2012 the Standing Committee Report was submitted. • This Bill is yet to be passed……. . • This bill provides for citizen charter, time bound delivery of services and accountability for redressal of grievances. pkachare@gmail. com - 04 th Nov 2014

Thanks pkachare@gmail. com - 04 th Nov 2014