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RIGHT TO SERVICEPresentation by
G. SREEKUMARANAdvocate, Service Consultant &MANAGEMENT TRAINERMob 9400328063(Formerly Secretary, KSEB,Secretary, State Information Commission Associate Fellow, Institute of Mgt in GovtAddl Secretary to Govt, Home Dept)
WELCOME
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RIGHT TO SERVICE
RECEIVED ASSENT OF GOVERNOR ON 4-8-2012
PUBLISHED IN THE GAZETTE DATED 6-8-2012
CONTAINS 12 SECTIONSTHREE LEVELS OF REDRESSALENSURES DELIVERY OF SERVICE
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People's Magna Carta
Right to Service Act – People's Magna Carta: Kerala CM Oommen Chandy
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Government service is not charityIt is the right of each and every citizen
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Right to service- aims
time bound delivery of services for various public services rendered by the Government to citizen and
provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated under the statute
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AIM
Right to Service legislation are meant to reduce corruption among the government officials and
to increase transparency and public accountability
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Madhya Pradesh became the first State in India to enact Right to Service Act on 18 August, 2010
Bihar was the second to enact this bill on 25th July 2012
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RIGHT TO SERVICERIGHT TO SERVICE
PARADIGM SHIFT
An act which will be implemented by the people and acted upon by the government
Right to Service Act
Preamble
PROVIDE FOR DELIVERY OF SERVICE
TO THE GENERAL PUBLIC
WITHIN STIPULATED TIME LIMIT
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What is Right to obtain Service?(S.4)
Any service to be provided under the provisions of any law for the time being in force
In other words, it is THE RIGHT OF THE CITIZEN TO HAVE THE SERVICE TO BE
PROVIDED BY DESIGNATED OFFICER within the stipulated time limit
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Goal
The Act will give every eligible person the right to obtain government services within a stipulated time-frame.
.
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It provides for effective, time-bound redressal of grievances of citizens, delivery of services to the public and making government servants liable in case of default
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Answerability of Public servants
The Act will provide a system wherein the public can make government servants answerable in terms of their functions, duties, commitments and obligations.
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WHO IS DESIGNATED OFFICER?
DESIGNATED OFFICER ISAN OFFICER DESIGNATED FOR PROVIDING
ANY SERVICE UNDER THE ACT (s.2(a)
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Who is eligible person (S.2(b)
A person who is eligible for the service
notified under S.3 in the official gazette
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What is service? (S.3(g)
Any service to be provided Under provisions of any law in forceOr as per Govt ordersTo the general publicBy Govt Deptts or LSG Institution or PSU or
statutory body notified under S.3
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Services available
Thirteen government services and nine services related to the Police
Department will come under the purview of the
legislation in the first phase. Services including that of Chief
Minister’s office and the offices of other ministers will be brought within the ambit of the law later
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STIPULATED TIME LIMIT (2(i)
Maximum time limit notified u/s 3 to provide a serviceBy the designated officerOr dispose of an application for such
service
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Power to notify services, stipulated time limit, designated officer, etc. (S.3)
Every Govt Deptt / HOD / LSGI / Statutory Body shall notify in Gazette
Within six monthsThe services rendered by each of themDesignated officerFirst appellate authoritySecond appellate authorityStipulated time limit
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SERVICES UNDER THE ACTSERVICES UNDER THE ACTbirth and death
certificatesincome
electricity connection
post-mortemreport
Waterconnection
denomination of caste SERVICESSERVICES
releasing of vehicles
under custody.
Passport verification
Receipts for police complaints
ration cards
domicile
Police intervention in grievous crimes
FIR copy
Residence cert
Voters card
Land records
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Time limit
Providing of notified service – 30 days (S.5) Or reject the application with
sound reasons – 30 days Filing of First appeal by citizen – 30 days
from the date of receipt of rejection (S.6) disposal of First appeal by AA - 30 days Filing of second appeal to II AA – 60 days Disposal of 2nd appeal – 60 days Disposal either reject appeal with sound
reasons or direct DO to provide service
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Powers of 2nd AA S.6(6)
Where 2nd AA finds that there no sufficient reason for not giving service within the stipulated time limit, he may Direct to provide service Impose penalty under S.8
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DO does not comply direction of I AA
Where the DO does not comply with direction of I AA (u/s s6(2).Aggrieved person can file application to 2nd
AA2nd AA shall dispose of it as if it is II Appeal
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DO does not comply direction of II AA
Where the DO does not comply with direction of II AA (u/s s6(5).Aggrieved person can file application to 2nd
AA2nd AA shall dispose of it as if it is II Appeal
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Powers of Ist and II AAs S.7
Shall have the powers of a Civil CourtRequire production and inspection of
documentsIssue summons to DO and appellant
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Penalty (S.8)
II AA can impose fine on DOFor failure to provide service without
sufficient and reasonable causeMinimum Rs.500Maximum Rs.5000 in each case
Caused delay in providing serviceRs.250 per dayMaximum Rs.5000 in each case
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Penalty S.8(2)
II AA can impose fine one Ist AAFailed to decide the appeal within 30 days
without sufficient and reasonable causeMinimum Rs.500Maximum Rs.5000 per case
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Recommendation for Disciplinary action
Where DO or I AA failed to discharge the duties assigned to him under this Act II AA may recommend for disciplinary action
under the service rules applicable to them
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Peculiarities in the Act
Protection of action taken in good faith (S.9) Ist AA and II AA has the powers of Civil court
under CPC Bar of jurisdiction of civil courts (S.10) Penalty can be imposed on the DO or Ist AA
after giving reasonable opportunity of being heard (Proviso to S.8(1) and 8(2)
Principles of natural justice is ensured
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Who are the authorities under RTS Act?
Second Appellate Authority
First Appellate Authority
Designated Officer
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PROACTIVE APPROACH
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Service & Common Man
Proactive Disclosure
Before After
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Please come and enjoy!!!!!!
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Proactive Measures (S.3)
Every public authority must publish within 180 days from the enactment of the act (S.3)
Particulars of services that will be rendered by each Notify the designated officer Notify the first appellate authority Notify the second appellate authority Stipulated time limit
For providing services For filing and disposing petitions For filing and disposing Ist appeals For filing and disposing II appeals
Section 4(b)
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Ultimate goalUltimate goal
Pillar of democracy Lead to Good Governance Reduce corruption by way of
Transparency in the Administration Ensure peoples participation Social Audit Will increase employment opportunities -
Poverty alleviation, improvement in quality of life.
Curb fatalism and blind faith
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Role model Karnataka
A total of 151 services in 11 major government departments (Commercial Taxes, Education, Food and Civil Supplies, Health and Family Welfare, Home, Labour, Revenue , Transport and Rural Development and Panchayat Raj) are covered by Sakala.
The official website of Sakala: http://sakala.kar.nic.in provides a tracking application by which the status of an application is provided to citizens.[22] In case of any delay or default in delivering the requested service, the applicant can seek compensation at the rate of 20 per day of delay subject to a maximum of 500 from the officer concerned. The system updates the citizen on the progress of the service request through SMS to the mobile number specified in the application.
(M) 9400328063, ® 0471 2355670
Sreegeetham, Mankattukadavu, Thirumala Post,
Trivandrum 695006