Transparency -panchayati raj - Basin South Asia · Kerala Panchayati Raj Act. ... Application for...

TRANSPARENCY ANDRIGHT TO INFORMATION

IN PANCHAYATI RAJ

K.B.MADAN MOHAN

aha

ndbo

ok

CAPACITY DEVELOPMENT FORDECENTRALISATION IN KERALA

Swiss Agency forDevelopment and Co-operation

Published by

Programme on Capacity Development for Decentralisation in KeralaSwiss Agency for Development and Co-operation

SBI Buildings, Pattom P.O., Thiruvananthapuram 695 004Email: [email protected]

Phone: 0471-2543392 Fax: 0471-2543391

TRANSPARENCY ANDRIGHT TO INFORMATION

IN PANCHAYATI RAJa hand book

Prepared inMalayalam by

K.B. Madan Mohan(Panchayat Programme Associate,

SDC CapDecK)

Translated byAnuradha Krishnakumar

First Malayalam Edition:2006First English Edition: 2006

TypesettingLipi Laser Media

Cover DesignShamnad Rasool

Drawings, Design& ProductionWord Pecker

SDCCapDecK

CONTENTS

Introduction 5

1. Arrangements for a Democratic andTransparent Panchayat Governance 6

The Right to Information 7Citizen’s Charter 13Social Audit 30Ombudsman 43Tribunal for Local Self Government Institutions 48

2. Role of community based organisationswithin the Panchayat 53

3. Right to Information Act 2005 62

5TRANSPARENCY AND RIGHT TOINFORMATIONINPANCHAYATI RAJ

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INTRODUCTION

Transparency is an important basicassumption in the Kerala Panchayati RajAct. It has been accepted as a principle toensure the citizens’ right to obtaininformation on matters of governance ordevelopment and to intervene in anyrelated activity.

The core feature of decentraliseddemocracy is people’s participation ingovernance, their responsibility andexercise of authority. This means that thedistance between the government and thepeople becomes irrelevant. Focussing onthis vision, to ensure transparency lawfully,features like Right to Information, Citizen’sCharter, Social Audit and PerformanceAudit have been incorporated in theKerala Panchayati Raj Act. In order toensure their prompt implementation,institutions like Ombudsman and Tribunal

were set-up. Many more things remain tobe done to improve the efficiency at thelocal level to sustain decentralisation andto extend democratic intervention further.

It is hoped that this handbook wouldfacilitate a more efficient implementationof these arrangements at the local levelthrough further deliberations andconcerted efforts.

This handbook has incorporated a lotof ideas, concepts and examples fromvarious interventions carried out bypanchayats, organisations, social activists,KILA and other training institutes.Indications and inferences in the light ofpast experiences are also incorporated.While acknowledging and thanking all ofthe above, the author bears theresponsibility of the views expressed inthis book.

This handbook ismeant to facilitate amore efficientimplementation ofthese arrangementsat the local leveland is presentedfor furtherdeliberations andconcerted efforts.

6 TRANSPARENCY AND RIGHT TOINFORMATIONINPANCHAYATI RAJ

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The principle oftransparency hasbeen accepted to

ensure that peoplehave the legally

guaranteed right toknow and intervene in

all activities relatedto governance as well

as development.

1ARRANGEMENTS FOR A

DEMOCRATIC AND TRANSPARENTPANCHAYAT GOVERNANCE

To make the functioning of local selfgovernment institutions andimplementation of developmentprogrammes more efficient and effective,people have to be given the opportunityto participate in those activities. The localself government institutions canaccomplish this by ensuring transparencyin their activities by providing all relevantinformation to the people and throughproper coordination.

The different levels of administrationand the offices that are their nerve-centresget distanced from the public for variousreasons. Indifferent and careless handlingof applications or complaints from thepublic, their sufferings for want of prompt

action on such matters, denial of thepeople’s right to information ongovernance or development relatedactivities, failure in the timely delivery ofbenefits and services, maladministration,the ordeal of several unnecessary visits toan office for the same matter, the flaws inthe behaviour of officials …, severalcriticisms like these come up at differenttimes. For these reasons, it has not beenpossible to secure the whole heartedcooperation of the public in the activitiesof local self government institutions whichare meant to be the powerful forums ofdemocratic decentralisation.

In such an institutional set-up, aspersons at the helm of local governments,


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the role of the Panchayat Committee/Panchayat Members assumes greatimportance. Apart from assuming the roleof an administrator, they have to play thepart of a coordinator as well. This alonecan ensure the realisation of the PanchayatiRaj concept in its true sense and spirit. Asinstruments to facilitate democratic andtransparent Panchayat governance, theRight to Information, Citizen’s Charter,Social Audit, Performance Audit,Ombudsman etc. have been brought in.Expertise to assist the local selfgovernments in transparent governance isavailable locally. Its relevance increasedconsiderably with the passing of the ‘Rightto Information Act 2005’ by the Centraland State governments.

1.THE RIGHT TO INFORMATIONRight to Information – what is it ?

Any citizen seeking information onmatters related to governance,

development or regulatory measures islegally entitled to get it in accordance withthe accepted procedural formalities : thisis the intention behind the relevantenactment.

‘’Any citizen has the right to obtaininformation contained in any document /record or to get an attested copy or totranscribe the relvant portions of mattersrelated to a Panchayat’s administrative,developmental or regulatory responsi-bilities.’’ {Kerala Panchayati Raj Act 271[A] 271 [B] }.

But this right does not cover records /documents containing information of aspecial nature or information that iscontained in any record / documentnotified as secret /confidential matter inthe interest of administration, as notifiedin the Government Gazette. Any otherinformation with the Panchayat has to betreated as public matter.

Any citizen has theright to obtaininformation containedin any document /record or to get anattested copy or totranscribe therelevant portions ofmatters related to aPanchayat’sadministrative,developmental orregulatoryresponsibilities.


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Right to Information – why?The people have the authority to

evaluate the exercise of powers by thePanchayat - regulatory, administrative anddevelopmental – and suggest appropriatecorrective measures and render assistance.Such interventions will be feasible andproductive only if the Panchayat’s activitiesare transparent.This would contribute toimprovement in the efficiency ofPanchayat administration and facilitatepresentation of problems by the public,directly and with greater confidence.Further, it will help to clear anymisunderstanding and thus promotepublic participation. To ensure usefuloutcome of the social audit, relevantparticulars have to be made available tothe public before the audit. The socialaudit process can be made moreproductive by collecting any informationthat the people wish to have for this

purpose from the LSG institution prior tothe audit process [ that is prior to any GramSabha.

Procedure for submitting anapplication

To obtain information contained inany document / record or to transcribe therelevant portions from any document orto take a photocopy, an application has tobe submitted in the prescribed Form 1 tothe functionary authorised to keep therecords as per Rule 4 [1], like the Secretaryof the Panchayat or the official in any ofthe offices under the Panchayat [seeApplication Form 1 ]

The fees [searching fees, copying fees]prescribed by the government{Rule 4 [2],4[3] } has to be remitted and the relevantparticulars shown in the application. Oneapplication is enough for copies of morethan one record. [ See Fee Rates].

The people have theauthority to evaluate

the exercise ofpowers by the

Panchayat-regulatory,

administrative anddevelopmental –

and suggestappropriate

corrective measuresand renderassistance.


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If the amount remitted is less than theprescribed rate, the balance has to beremitted as per instructions. Any excessamount remitted will be refunded.

Reasons for rejection of an application[Rule 5]1. The record sought is not a public

document.2. The record could not be found even

after a search.3. The record has been destroyed after

the time limit.4. The application is incomplete.5. The prescribed fee has not been

remitted.The applicant must be informed in

writing about the rejection of theapplication, stating the reasons thereof.The fee already remitted has to berefunded.

Rejection of an application withoutproper reason

As per section 271 [d] [1] of the

Panchayati Raj Act, the official concernedis personally responsible for furnishing therequired information.• The decision taken on an application

has to be intimated within 15 daysfailing which the official is liable to paya fine at the rate of Rs. 50/- for eachday’s delay. {271 [d] [2]}.

• For furnishing wrong information thepenalty will be not less than Rs.1000/{271 [d] [3]}.

• The penalty thus collected is creditedto the Panchayat Fund.

• But for any step taken in good faith,the interests of the officials concernedwill be duly protected. [271 – e]

Processing of an application [ Rule 6]• A decision must be taken within 15

days from the date of receipt of anapplication.

• The replies furnished must have thesignature of the official concerned,with date and office seal.

As per section271 [d] [1] of thePanchayati RajAct, the officialconcerned ispersonallyresponsible forfurnishing therequiredinformation.


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• If the application is for perusal andtranscribing of any record, theapplicant must be informed of thepermission granted, the date and timeallotted and also provided the facilitiesrequired for the purpose. Theapplicant should not make anycorrection or cause any damage to therecords given for perusal.

• Particulars of records thus given forperusal must be noted in the registerprescribed in Form 2 and kept safely[Rule 7].

• If an application is rejected, theapplicant can file an appeal before theofficial authorised for that purpose[Rule 8].Apart from individual citizens,

Neighbourhood Groups, KudumbashreeUnits etc. can also obtain information fromPanchayats and other institutions onmatters relevant and helpful for their

functioning. Practices like collection ofrequired information followed bydiscussions in their forums prior to theGram Sabha, will help to strengthen thelatter.

Transparency in Public WorksAs part of the estimate, a note in the

local language must also be attached,giving information on the following:quantities of materials included in theestimate, the quality specifications andprice, estimated number of mandays,wages and estimated cost. Detailedinformation on the estimate of the publicwork, particulars of tender etc. should bepublished on the notice board of thePanchayat Office and also presented in thegram sabha of that area.

At the site where the public work iscarried out, the following related detailsmust be exhibited on a notice board.

If an application isrejected, the

applicant can filean appeal before

the officialauthorised for that

purpose [Rule 8]

Fees Rate

A. Search Fees(For searching the record)

1. That of the year preceding thecurrent year Rs.5 /-

2. Prior to the current year betweenone and two years Rs. 10/-

3. Between 3 and 5 years Rs. 15/-4. More than 5 years Rs.20/-

B. Copying fees1. A4 size –written or typed Rs. 5/-2. A4 size- in tabular form,

typed Rs. 10/-3. A4 size-photo copy Rs.2/-4. Computer print page Rs.5/-5. Map, plan etc. that

can be copied Rs.10/-

Application Form- 1

Application for obtaining copies of Panchayat Records /Transcriptions of relevant portions of Panchayat Records

1. Name and address of the applicant2. Name of the Panchayat3. Name and location of the office / institution where the record

is kept4. Particulars of the record required :

[subject, file number, year, order, date, etc. and any otherparticulars known to the applicant]

5. Specify the requirement : copy of a record or permission totranscribe relevant portions of a record

6. Particulars of searching fees , copying fees etc remitted[amount, date of remittance, receipt number etc. ]

The purpose for which copy of the record / transcription of therelevant portion is sought.

Place :Date : Signature of the applicant


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1. Name of the work2. Execution of the work : on contract,

direct execution by the Panchayat orthrough Beneficiaries’ Committee

3. Name and address of the Contractor/ Convenor of the Beneficiaries’Committee/ Members of the

Executive Committee4. Estimate amount and time for

execution5. Date of commencement of work and

stipulated date of completion6. Description of materials mentioned in

the estimate- quality specifications,

Ordinary people like uscannot understand

anything in an estimateof a public work. What isthe use of transparency?

In the rulesframed under

the PanchayatiRaj Act, all the

points havebeen clearlyexplained to

enable ordinarypeople

understand.

As part of theestimate a note inthe local language

must also beattached, giving

information on thefollowing :

quantities ofmaterials included

in the estimate,the quality

specifications andprice, estimatednumber of man

days, wages andestimated cost.

Transparency in public works


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quantities, cost, from where and howthey are brought.

7. Tender rate sanctioned for thecontractor

8. Market rate sanctioned for directexecution by the Panchayat and bythe Beneficiaries’ Committee,number of workers, wage rate etc.

9. Advance amount paid for the workand other support provided.Records like the tender approved for

public works, estimate, rate approved bythe Panchayat, measurements, bills ofpurchase of materials etc. are publicrecords the copies of which will have tobe provided by the Panchayat to anyonewho asks for them, after collecting fromhim /her the fees prescribed for the same.Transparency to this extent is offered bythis rule.

2. CITIZEN’S CHARTERThe Panchayat Samiti has the

responsibility to keep the public informed

about the Panchayat’s functioning toensure transparency. Ignorance about theorganisational set – up and functions ofdifferent offices, about the servicesprovided by them and the relatedrequirements, not getting the services intime, lack of transparency in developmentprogrammes, etc. are factors causingalienation of the people from governanceand administration. This state of affairs willalways be an impediment to sustainabledevelopment. There are many provisionsin the Panchayat Act like Social Audit,Right to Information, Citizen’s Charter,Gram Sabha etc. that provide the rightatmosphere for the panchayats to take theinitiative to make governance transparent.These are not meant for fault finding andpunishment but to facilitate timelyintervention to set right matters. That iswhat makes them important.

Every panchayat will, no doubt, bekeen on using these instruments effectivelyto make governance efficient. But the

Rec

There are manyprovisions in thePanchayat Act likeSocial Audit, Right toInformation, Citizen’sCharter, Gram Sabhaetc. that provide theright atmosphere forthe panchayats totake the initiative tomake governancetransparent.


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main difficulty is the absence of a practicalmodel.

Let us look at the Citizen’s Charter asan example. As per section 272 [A] of theKerala Panchayat Act there has to be aCitizen’s Charter. There is also agovernment order explaining theprocedure for its preparation. Theobstacles to its implementation are thefollowing:• Its importance has not been realised

through experience.• Lack of awareness, partially or wholly,

about the services to be provided andthe related conditions

• No vision about the manner in whichthe Citizen’s Charter is to beprepared.

• Even after preparation, diffidenceabout its implementation

• Even those who are obliged toprepare the Charter do not have aclear idea about its application in theirown functioning

• When all institutions in the Panchayatare not included, it loses itscomprehensive nature.

• When the changes to be brought inthe institutions and governance arenot planned in a collective manner,the participative character is lost.

• Due to failure in ensuring theparticipation of all sections right fromthe time of preparation itself [thosein charge of governance, officials,public etc.], it is not implementedeven in the places where it isprepared.

• Lack of clarity about the ways toconvince the people of its benefitsand implementation.

• Lack of evidence /experience of itsbeneficial effects on governanceThe list is endless. It is not possible to

prepare the Citizen’s Charter after solvingall these problems. While some of themhave to be solved, the remaining ones willget sorted out through committed efforts.

The Citizen’sCharter will, to a

great extent,solve the

problems causedby delays in

gettinginformation or

lack ofinformation.


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What is Citizen’s Charter ?The Citizen’s Charter is a document

that explains in a clear and lucid mannerthe various services provided to the publicby the Panchayat and institutions /departments under it, in the areas ofgovernance, development, welfare,regulations etc., how to apply for them,terms and conditions, time required, feeif any to be paid and its details, to whomthe application has to be submitted andwhen, etc.

When information on the aforesaidlines is either not obtained in time or notknown at all, the public suffer graveinconveniences. It also creates manymisunderstandings as well:• The public do not get the services in

time.• As the applicant is ignorant about the

procedural formalities involved ingetting some service, he/she insists ongetting it at once.

• It is possible that persons occupying

different seats in the same office maynot be aware of the proceduralformalities for obtaining the servicesprovided by that office. The publicoften suffers on this score as well.

• In the local self -governments, it is theelected representatives who arenearest to the people. As a result oflack of proper knowledge on the partof the people’s representatives aboutthe services and related conditionswith regard to the Panchayat andinstitutions under it or those in its area,they are not able to handle mattersproperly or to monitor the functioning.For example, ignorance of servicesprovided by the Panchayat and VillageOffices and the consequent confusionsare often brought up in the trainingprogrammes for people’s representa-tives. These are responsible for thealienation of the people from the localself- government institutions. Further,the people often find fault with theseinstitutions.

The Citizen’sCharter is adocument thatcontains informationuseful for people’srepresentatives onvarious servicesprovided by thePanchayat and therelevant terms andconditions. It can beof great help forefficient governanceand in dealings withthe public.


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Why a Citizen’s Charter?A Citizen’s Charter can, to a great

extent, solve the problems listed above.• They will know whom to approach,

in which office, with what records,how many days in advance, etc. Thiswill help them as well as the officialsto avoid waste of time, unnecessarywork and misunderstanding.

• For the officials also, the Citizen’sCharter would make themknowledgeable about the servicesprovided by their own offices and therelevant conditions, about servicesrendered by other offices and alsohelp to avoid doubts on relatedoperational matters.

• For the people’s representatives,information on all services and therelated terms and conditions isprovided in one document. This helpsa great deal in efficient governanceand in facilitating proper rapport with

the public. It will also help them tosave themselves from the misunder-standings in the name of rules andprocedural formalities.

• A clear understanding of the servicesthey are entitled to will enable thedeserving people to secure them,which, otherwise, they might havelost.Thus if the Citizen’s Charter is to be

used effectively, it has to serve as aninformation guide as well. It means thatapart from information pertaining to thePanchayat and institutions under it, itshould contain particulars of servicesprovided by all institutions in the Panchayatarea. This would include the Village Office,Electricity Board, police station, Registrar’soffice, banks, co- operative societies, etc.The logic behind this suggestion might bequestioned on the plea that the PanchayatAct does not say anything about theinclusion of these institutions and the

The languageused in the

Citizen’s Chartermust be simple

and one that canbe easily

understood bythe common

man. Thedescription must

be brief whileensuring

maximum clarity.


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Panchayat cannot be responsible for theirfunctioning. It is not just the Panchayat andthe institutions under it but all institutionswith which the public have dealings, haveoften a role, direct or otherwise, in localgovernance. As such the local self-government institutions have the moralresponsibility to provide these particularsalso to the public. This is essential to makethe exercise complete. Of course thePanchayat cannot be responsible for theservices provided by all the institutions. Inthe introduction to the Citizen’s Charterit must, therefore, be clearly stated thatwith regard to the services provided byother institutions (other than the Panchayatand institutions under it ), they areincluded only for ‘information’ and thePanchayat is not responsible for them.Once a Panchayat Committee is formedthrough an election, the Citizen’s Charterhas to be published within six months.[ Asper 272[A] of Panchayat Act and Rule [3]on preparation of Citizen’s Charter]

How to prepare the Citizen’s Charter?The Citizen’s Charter must essentially

have four parts :

Part 1: Panchayat and institutions under it.

Part 2 : Services provided by the VigilanceCommittee, Neighbourhood Group, WardDevelopment Committee, PanchayatDevelopment Committee, Kudumbashreeetc.

Part 3 : Other institutions in the Panchayatarea.

Part 4: Important services provided by theState and Central Governments.

The improvements being broughtabout in the functioning of the office tomake it more efficient must also beexplained. Each part must have anappendix wherein application forms,method of filling, model form (if applicationis on plain paper),etc. are included.

In thepreparation ofcitizen’sCharter,systematic andwellcoordinatedefforts areabsolutelyessential.


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Language :The language used in it must be very

simple and one that ordinary people canunderstand easily. The description must bebrief while ensuring maximum clarity.

Methodology :The Panchayat Committee is fully

responsible for the preparation of theCitizen’s Charter. Since this task has to becarried out in a systematic manner alongwith other activities, a sub-committee canbe formed with two or three members, orthe task can be assigned to a StandingCommittee.The responsibility of the Committee willbe as follows:• An Action Plan for the publication of

the Citizen’s Charter must beprepared, presented in the PanchayatCommittee and got approved.

• Every stage in the preparation of theCharter must be organised andcarried out efficiently [the various

stages are explained here].• Provide the leadership for its publicity.• Take up the primary responsibility to

discuss and implement measures forthe improvement of the functioningof the offices under various Standingcommittees concerned as well as theofficials. Thereafter, the SteeringCommittee can oversee itsimplementation.

• The Sub Committee has to assist theSteering Group in monitoring theactivities and the compliance with theCitizen’s Charter.

• Make appropriate changes in theCitizen’s Charter, every year

• Officials keep on changing andtherefore the Sub Committee mustmake necessary arrangements toappraise the officials concerned aboutthe Citizen’s Charter as well as thereforms / improvements in the offices.

• Assist the Steering Committee in thetask of bringing about reforms/improvements in the offices.

What are thechanges to be

brought about inthe offices in theirset-up and in theirstyle of functioning

to improve thequality of services:

these must bediscussed and

appropriate officemanagement

system evolved.


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At every stage of this task, the SubCommittee must report to the PanchayatCommittee and on the basis of thedecisions proceed further.

In the preparation of the Citizen’scharter, appropriate advance action andsystematic coordinated efforts areessential. Let us look at the stages of actionafter the Panchayat Committee decidesto prepare a Citizen’s Charter and entruststhe responsibility to the committee.

1. Sub CommitteeThe sub committee entrusted with

the task must meet and prepare the draftof an action plan. Also, a’form’ must beprepared for each institution for furnishingrelevant particulars of services, records tobe produced for obtaining them, timerequired, fee to be paid, the purpose ofthe service etc. The committee has topresent copies of this form in the meetingof the Panchayat Committee.

The name of the organisation that

provides the service and the designationof the officer responsible must be shownat the top. In the second column the nameof the service and a short note for easyunderstanding have to be given.The thirdcolumn must indicate the conditions theapplicant has to comply with. What arethe records to be produced and how[attestation of copy is necessary orphotocopy is enough]whether a printedform is required or handwritten will sufficeand any information to avoid anyconfusion must be given against therelated service. The time limit forproviding the service has to be indicatedin the fourth column. It should not exceedthe limit prescribed by the government.

The extent to which the time limit canbe reduced has to be discussed, decidedand then indicated. If any fees has to bepaid for the service, the amount shouldbe shown in the fifth column. Any otherdescription can be given in the remarkscolumn.

After the detaileddiscussions on thedraft, a one-daymeeting has to beconvened at thePanchayat level. Itshould be seen as thebeginning of a processto ascertain the viewsof the public and tocreate awarenessamong them on suchmatters.


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The introductionin the Citizen’sCharter by the

President of thePanchayat is also

an affidavit onbehalf of the

PanchayatCommittee.

If there are matters that cannot beexplained within this format, the mannerin which it can be accomplished may bethought of at appropriate levels. Once thesubcommittee has met like this, the nextstage is the meeting of the PanchayatCommittee.

2. Meeting of the Panchayat CommitteeThe officials of the Panchayat as well

as the institutions under it must be invitedfor this meeting. Future steps and theaction plan prepared by the subcommittee should be discussed and

finalized.• A decision must be taken to prepare

the list of particulars of the servicesprovided by each institution. [Theform prepared by the sub-committeeshould be distributed in this meetingand the format explained clearly.

• After collecting the information, aninstitution –wise discussion has to beorganised.

3. Meeting of other institutionsA meeting of all important

functionaries of institutions that are not

Model form for the preparation of the Citizen’s Charter

Name of the institution :Officer responsible :

Serial Particulars of Conditions to be Time limit for Amount RemarksNo. services complied with providing to be

provided by the applicant the service remitted


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under the Panchayat but located in thePanchayat area, has to be convened. Herealso matters have to be explained andforms distributed with the request tocollect and furnish the requiredinformation pertaining to their institutions.A special mention must be made of theneed to discuss the matter with all the staffin the offices while preparing the form.Participation of Panchayat representativesin the meeting will make it moreproductive.

4. Department level meetingsDepartment wise meetings of

institutions transferred to the Panchayathave to be organised [mainly agricultureand allied sectors, health, education andPanchayat Office]

The officials of these departments andthe members of the working groups ofthese sectors have to be invited to thismeeting. All officials can express theirviews and gain a better understanding

about the functioning of the offices. Thisexercise can be made more efficientthrough the participation of public andexperts from these sectors.• The draft prepared by each

department must be presented anddiscussed in detail in groups [enoughcopies of the draft should be keptready for distribution at the rate ofone for each group].

• When delivery of services has to beimproved on these lines changeshave to be made accordingly in thefunctioning of the offices. What arethe changes necessary, should bediscussed and appropriatearrangements for office managementmust also be made. Ideally thisdiscussion should begin at the initialstages of the preparation of theCitizen’s Charter. To facilitate this,relevant information regarding theprevailing system and thearrangements for providing such

Once the Citizen’sCharter is ready, itmust be sent to allNeighbourhoodGroups,Kudumbashreeunits, politicalparties andorganisations andthey must beencouraged toorganisediscussions on it.


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particulars, the constraints,impediments and possibilities mustalso be obtained. This way along withthe completion of the exercise for thepreparation of the Citizen’s Charter,an office reform programme in ademocratic manner will also be ready.Even if this exercise is incomplete, ithas great significance as people’srepresentatives, officials and thepublic would have participated in it.

• From every such meeting one personmust be selected for the Panchayatlevel core committee.

5. Meeting of the Core CommitteeThe main task of the meeting is the

compilation of the matter from thediscussions at different levels as well as theinformation furnished by other institutionsin the Panchayat area and preparation ofthe draft of the Panchayat’s Citizen’sCharter. The compilation of matterspertaining to the Panchayat and that of

institutions under it has to be doneseparately.• That required for the Citizen’s Charter

and• That required for office reform

Accordingly there must be two drafts.The office reform programme is requiredonly for the institutions under thePanchayat.

6. Discussion on the draft of theCitizen’s CharterIt would be desirable to have further

detailed discussions on the draft thusprepared. Before the discussion at thePanchayat level, it could be discussedunder the auspices of the sub committee,with all institutions in the Panchayat [thoseunder it or otherwise ], which wouldfacilitate better understanding amongthem of the services provided by themand also help to avoid any duplication andmisunderstanding.

Following this, a one – day meeting

A decision must betaken to prepare, for

inclusion in theCitizen’s Charter,particulars of the

services provided byeach institution. A

meeting of allimportant

functionaries ofinstitutions that are

not under thePanchayat but locatedin its area, has to be

convened.


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has to be convened at the Panchayat level.It should be seen as the beginning of aprocess to ascertain the views of the publicand to create awareness among them onthese matters. To facilitate this, after thegeneral presentation there should bediscussion in groups. Those who wereinvolved in the preparation of the draftcharter must be part of each group andbe responsible for making the presentationin the group. Formation of groups on thebasis of office / institution is preferable.The following persons may be invited tothe group meeting:- All members of the working groups- Officials- Representatives of political parties- Representatives of all trade unions and

people’s organizations- Office bearers of Area Development

Society and CommunityDevelopment Society

- Representatives of Community- basedorganisations [clubs, libraries, Farmers’

Group]- Office bearers of Parent Teachers’

Association- Members of the Core Team- Representatives of Gram, Block and

District Panchayat and Legislature- Members of the Panchayat

Committee.This meeting must have two parts:

the first will be a discussion on the draft ofCitizen’s Charter and the second adiscussion on the draft of officemanagement / office reform. In thismeeting itself an office level permanentMonitoring Committee can be formed toimprove the functioning of each office, toassist the Panchayat Committee to monitorcontinuously to see if the working is inaccordance with the charter and to helpthe institutions to function efficiently. It hasto be ensured that the members of thecommittee are from areas close to theoffice. Also important is the inclusion ofpersons of the locality from among those

Department –wisemeetings ofinstitutionstransferred to thePanchayat have tobe organised. Theofficials of thesedepartments andthe members ofthe working groupsof these sectorsmust be invited tothis meeting.


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who participated in the Panchayat leveldiscussion.

The date for the discussion on theCitizen’s Charter in the Gram Sabha canbe decided and announced in thismeeting.

7. Gram SabhaThe draft of the Citizen’s Charter must

be presented and discussed in the GramSabha. The services of the members of theCore Team and participants of thePanchayat level service can be utilised forthis purpose.

Ideas have to be conveyed in a simpleand quick manner. For this, techniques likesplitting into groups, use of chart, OHP etc.can be considered.[Preparation of Citizen’s Charter – Rule 4 [3] ]

8. Meeting of the Core TeamThe Core Team must meet again to

give final shape to the Citizen’s Charteron the basis of the Panchayat level and

office level discussions. Following this thePanchayat Committee has to meet to readand approve the Citizen’s Charter andthen to send it for printing. The importantaspects of ‘office reform’ must be includedin the charter thus brought out. It wouldbe a good idea to invite the members ofthe core team to this meeting of thePanchayat Committee.

Few more points to be borne in mindwhile preparing the Citizen’s Charter- While deciding the time within which

a particular service will be deliveredit has to be ensured that it does notexceed the time limit specified in anylaw, rule or order. On the contrary itshould be reduced , if feasible.

- While deciding the time limit, factorslike the number of staff available,limitations of the rule etc. must beconsidered.

- Records to be produced for obtaininga service, as per directions from the

Prior to thediscussions at thePanchayat level it

could be discussedunder the auspices

of the subcommittee, with all

institutions in thePanchayat whichwould facilitate

betterunderstanding

among them, of theservices providedby them and help

to avoid anyduplication and

misunderstanding.

Is the Citizen’sCharter given free

of cost?

Of course ! Youneed give only a

written request tothe secretary.


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government, should definitely beincluded.

- The procedure should be discussedand examined to ensure uniformity.

- The Citizen’s Charter has to besupplied free of cost.

- Validity of the Citizen’s Charter : Theterm of office of a PanchayatCommittee can be considered to bethe period of validity of a Citizen’sCharter, or till the next PanchayatCommittee brings out the nextCitizen’s Charter. After publishing aCitizen’s Charter, amendments can bemade every year.

What should be the structure of theCitizen’s Charter

IntroductionThe Introduction is also the affidavit

recorded by the President on behalf of thePanchayat Committee. It should bementioned that while the Panchayat

accepts the full responsibility for theaccuracy of the particulars of servicesprovided by the institutions under it, thatpertaining to other institutions is providedonly as ‘information’. Ideally this may beindicated for each part separately

The remaining part can be arrangedin the following manner:

Part 1Information regarding regulatory,

developmental and governance relatedservices provided by the Panchayat andinstitutions transferred to it.

AppendixModels of forms, manner of filling /

writing, items to be provided by theapplicant.

Part 2Particulars of services provided by the

Vigilance Committee, Neighbourhoodgroups, Ward Development Committee,

To improve thefunctioning of eachoffice, to assist the

Panchayat Committeeto monitor

continuously to see ifthe working is in

accordance with theCharter and to help

the institutions tofunction efficiently, an

office levelpermanentMonitoring

Committee can beformed.


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Panchayat Development Committee,Community Development Society, LabourBank. As appendix, model of theapplication form may be given.

Part 3Institutions other than those under the

Panchayat, services provided by them, therelated terms and conditions . This part alsomust have an appendix as mentionedearlier.

Part 4Common services provided through

State and Central governments.

Continuing tasks of the sub committeeThe sub committee’s task does not

end with the preparation of the Citizen’sCharter. It should see that the Charterreaches all Neighbourhood Groups,Kudumbashree units, other organisationsand political parties and discussions areheld on it. Special meetings of the Gram

Sabha must be organised for discussing theCitizen’s Charter. Every year, whenamendments are felt essential, they shouldbe discussed and the updated versionpublished. The institution level monitoringcommittees have to be assisted, theiractivities coordinated and monitored andreported to the Panchayat Committee atthe proper time, training to be given asrequired to the monitoring committee,finalisation and publication of the officemanagement /reform report, continuousassistance to the Panchayat Committee /Standing Committees to monitor itsimplementation …such tasks are also theresponsibility of the sub committee.

The rule also stipulates that importantparts of the Citizen’s Charter has to beexhibited at public places and streetjunctions. It is also required to presentthe published Citizen’s Charter in theensuing Gram Sabha . A brief summary ofthe Charter must be written with paint onthe wall of the Panchayat.

The term of office ofa PanchayatCommittee can beconsidered to be theperiod of validity ofa Citizen’s Charter:or till the nextPanchayatCommittee bringsout the next Citizen’sCharter.


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‘Office Reform’ ProgrammeOnce the Citizen’s Charter is

published, it is absolutely necessary tomake appropriate changes in theorganisational set-up of the Panchayat tofacilitate the rendering of services as perthe Charter. To accomplish this, the ‘OfficeReform’ programme drafted at the sametime as the preparation of the Citizen’sCharter, must be ready forimplementation. For this, the draft mustbe discussed with the expert’s group, withthe Panchayat that has alreadyimplemented it and with the managementcommittees of all the offices. This way the‘Office Reform’ programme has to befinalised.

Implementation of the ‘Office Reform’Programme

A project has to be prepared for this,duly incorporating the financialcommitments for the functions proposedas part of the reform and approval

obtained for implementation. What cannotbe done in one year can be made part ofa plan for two years and implementedaccordingly. This has to be done on apriority basis, as its successfulimplementation will ensure the smoothimplementation of other activities. The subcommittee must make appropriatearrangements to familiarise the officialswho replace the ones that are transferred,to ensure its smooth implementationwithout interruption.

This task aims at the creation of anarrangement that ensures quick deliveryof services, without any confusionwhatsoever, to any person, in accordancewith the Citizen’s Charter.

The following points are consideredimportant and should necessarily bediscussed in the Office ReformProgramme:- Attitude towards the public.- The simplicity of the office, its

cleanliness, approach.

It should bementioned in the

introduction ofCitizen’s Charter that

while the Panchayataccepts the full

responsibility for theaccuracy of the

particulars ofservices provided bythe institutions underit, that pertaining toother institutions is

provided only as‘information’.

�

Different Stages in the Preparation of the Citizen’s Charter

PanchayatCommittee

Meeting

DecisionFormation of

SubCommittee

CoreTeam

Panchayat levelworkshop

PanchayatCommittee

DevelopmentStanding Committee

Meeting

Core TeamMeeting of otherinstitutions

PanchayatCommittee with

officials

DevelopmentStanding Committee& Sub Committee

Preparation ofCitizen’s Charter

Each office/institutiondiscusses the services

rendered by them

Formats, action plan,scheduling of

meetings

Preliminaryactivities

� � �

�

�

� � �

�

��

��

PublicityMonitoring

PanchayatCommittee

�

�

Gram Sabha�

�Discussion on

Citizen’sCharter

FinalisationPrinting

Final shapeto Citizen’s

Charter

Discussion onthe Draft

Approval ofDraft Citizen’s

Charter

Discussion onDraft Citizen’s

Charter


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- Single window approach for receiptof applications and delivery of services+ Enquiries + Supply of forms

- Services that can be provided by theGram Sabha office must betransferred to it.

- Facilities in the office1. Proper seating arrangement2. Arrangements for writing conveniently.3. For proper storage of files4. For proper issue of receipts, etc.- Display of details of officials and

attendance.- Written list of services provided, to be

displayed outside the office.- Providing basic facilities- Permanent arrangement to explain

the ‘Reforms’ to officials who are freshor are replacing transferred ones.

- Functioning of the office managementcommittee

- Office management set-up- Arrangements to ensure transparency.- Special considerations for women etc

3. SOCIAL AUDITThe general impression about audit

is that it is a fault finding exercise. Perhaps,the thinking and approach in the past , maybe responsible for this. Audit must be seenas a critical review or an exercise to correctmistakes or one to get convinced aboutthe results of the activities and theirappraisal, or to assess the plus and minuspoints or as an exercise to see clearly thedirection for the future activities.

Now there are several types of auditin PRIs like Local Fund Audit, PerformanceAudit, Accountant General’s Audit andSocial Audit. In the Local Self Governmentset-up the more relevant audit systems arethe Social Audit and Performance Audit.The concept behind these are totallydifferent from that of the others. ThePerformance Audit is a tool that helps toexamine, on behalf of the public, theactivities of the Panchayat and suggestmeasures to improve the performance. Tofacilitate this, the Panchayats have to be

The rule stipulatesabout exhibiting

important parts ofthe Ctizen’s Charter

at public placesand street junctions.A brief summary of

the Charter must bewritten with painton the wall of the

Panchayat.


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visited once in three months and theirreceipts, expenditure, management,procedural matters, attainment ofobjectives etc. are examined andappropriate suggestions are given.Considering its importance it is requiredto present the Audit Report and thePanchayat Committee’s reply to it in theGram Sabha.

Unlike other audit systems, socialaudit envisages a forum that facilitates athorough appraisal and review of theactivities of the local self governmentinstitution, by the people. Thetransparency of Panchayat governancebecomes more relevant in the social auditprocess. The Gram Sabhas must be madethe important forums of social audit.

The social audit aims at the following:- The extent to which the various

activities have succeeded in attainingthe objectives.

- Appraisal of the approach,intervention and style of functioning

of those who were working for it /their institutions.

- A forum to create awareness amongthe citizens.

- Planning for the next stage aftercorrecting the inadequacies.

- Winning the confidence of the publicand thereby ensuring fullparticipation.

- Sorting out the gains and losses on thebasis of experience.

- Avoiding doubts and misunder-standings

- Appraisal of the performance andapproach of public workers, personsin charge of governance, officials,institutions and Panchayat members.

- Preventive action to avoid drawbacks.As part of the social audit it is also

possible to do the appraisal of thePanchayat’s performance related to planformulation and implementation, itsincome and expenditure, the selection ofbeneficiaries and fixing of priorities .

Audit must be seenas a critical reviewor an exercise tocorrect mistakes orone to getconvinced about theresults of theactivities and theirappraisal or toassess the plus andminus points or asan exercise to seeclearly the directionfor the futureactivities.

Today there will be the socialaudit of the agricultural

programme implemented inour ward. We should take the

President, Secretary andAgricultural Officer to task.

See, this is theproblem. Takingsomeone to task orfinding fault is not theintention behind ourparticipation.

Do you meanthat we should

not mentionany problem?

No, certainly not. Whatever hasto be said must be said. If the

programme has failed, thereasons must be examined. Our

part in the failure must beidentified. How to avoid

recurrence of such failures? If itdoes not help in this manner,

socialaudit is of

no use.


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Various day to day matters of the Panchayatlike the response of the PanchayatCommittee to the planning relatedsuggestions from the Gram Sabhas andworking groups, rationale of its decisionsetc. can also be subjected to social audit.Further a social appraisal of matters likepeople’s participation in Gram Sabhas,performance and approach of officials,discussions in the meetings of the GramSabha and the action taken on that basisby the Panchayat Committee and workingof various committees provides anopportunity for rethinking. Above all, withSocial Audit becoming an activity of theGram Sabha, the people’s sense ofownership and confidence in governancewill increase. Beyond the mere dischargeof an official task, social audit must becomea natural activity. It is only then thatappraisal of any programme implementedin public interest or the performance ofthose executing it, gets wide acceptanceas an essential requirement and a citizen’s

right and accordingly becomes a routineactivity.

Why Social Audit was not conducted ?- Its importance was not realised by the

people or persons in charge ofgovernance as well as officials.

- No previous experience.- Doubts about the methodology to be

adopted.- Lack of confidence about its

acceptance by the people.- Attitudinal problem- Improper documentation of activities- Anxiety about the follow-up activities

of social audit- Shortage of time

What is Audit ?Panchayat’s accounts and audit are

explained in Rule 215 of the PanchayatAct. Art.188 is about the powers to inspectthe records and documents of a Panchayat.Accordingly the Kerala Panchayat Raj

As part of the SocialAudit it is alsopossible to do theappraisal of thePanchayat’sperformance relatedto plan formulationand implementation,its income andexpenditure, theselection ofbeneficiaries, fixing ofpriorities in theimplementation ofschemes, etc.


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[Inspection Procedure and AuditArrangements] Rules have also beenpublished. Currently in force are thestatutory audit by the Local Fund AuditDepartment, Performance Audit, audit bythe Accountant General, Social Audit andinspection by the Departmentsconcerned.

What is Social Audit ?The process wherein people, in the

light of their experience and on the basisof their conviction from observation as wellas participation, appraise mattersthemselves, is what social audit is all about.The word audit in the term social auditoften creates misunderstanding. It bringsto our mind the idea of checking theaccounts. The objective of social audit is,however, different. The manner ofspending, excess expenditure, process,impact and quality have to be examined.What was our role on these matters? Wasit performed promptly? Such self appraisal

must also be done. The PanchayatCommittee has to think about very simpleways of conducting social audit . It will helpa great deal in making governanceefficient. The following are the ways toensure this:• The Gram Sabhas are the main forums

for social audit.• Social audit can also be conducted by

the people / Neighbourhood Groupsfrom the area where a scheme wasimplemented.Instead of organising a social audit forall the activities together, it is betterto perform the audit by organising thebeneficiaries / people who wereinvolved, as and when programmesare implemented.

• Whatever be the manner in whichsocial audit is conducted [ other thanin the Gram Sabha], particulars likewho all were present, participation,manner in which it was done,discussion, suggestions that came up,

Unlike other auditsystems Social Audit

envisages a forum thatfacilitates a thoroughappraisal and reviewof the activities of thelocal self government

institution by thepeople.

Can ordinarypeople like us

conduct asocial audit?

But how can weaudit technical

matters?

Only we cando it, because

we are thestakeholders

and have theexperience.

It is not the technical matter butthe impact of the programme

that we have to examine. Iftechnical aspects have to be

examined, the Gram Sabha mayinclude experts from our ward or

Panchayat.


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changes made accordingly etc. mustbe noted, presented in the gramsabha and after approval included inthe minutes of the meetingThe review of activities in each sector

can be entrusted with sub committeesconstituted by the Gram Sabha. Thesecommittees have to prepare the reviewreports, present them in the Gram Sabhafor discussion and approval. The socialaudit report must be used as the basicreview report on the performance of thelocal self government. The public have tobe convinced of its importance, that it isnot merely an inspection but an exercisethat provides the guidelines for futureaction. It must be possible to decide thatwhile closing the file on any scheme, themonitoring and social audit reports aremade part of it.

Preparations for social audit1. The implementing officers responsible

for different subjects have to prepare

a record of activities from the previoussocial audit till date, and present it.Income, expenditure [place fromwhich bought, list of articles bought,nature of expenses, account of money,number of workers per day], how thework was organised, purpose andaims, benefits derived, drawbacks,public cooperation and efforts toremove impediments must be in thewritten report.

2. Three or four extra copies of the reportmust be kept ready for distribution atthe place where the group discussionis held.

3. Records like books of accounts,receipts, vouchers and copy of theproject have to be taken to the placewhere the social audit / Gram Sabhais held. This would facilitateclarification of doubts with the help ofrecords.

4. For clearing the doubts raised in thegroups /Gram Sabhas, the personsconcerned and relevant records must

For clearing thedoubts raised in the

groups / GramSabhas, the persons

concerned andrelevant records must

be available.


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be available. Clear understandingshould have been reached with thepersons, through prior discussions.

5. Display with chart papers of particularsof activities carried out, photographsand accounts will help in making theexercise more serious and transparent.

6. It would be a good idea to write theaccounts in big letters on chart paper,for presentation. Use of overheadprojectors will be even better.One might question the rationale

behind such expenses and efforts for‘preparations’. But they are certainly notunnecessary expenditure nor waste oftime. If people can gain a clearunderstanding of activities- past and future-and thereby if their confidence can besecured, if they can be made aware of thedrawbacks and reasons thereof as well asthe achievements, then they wouldcooperate in implementing the schemewith a sense of ownership, in mobilisingadditional resources and thereafter in their

management. The benefits thus derivedwill be much more than the expenses,time and efforts.

How to organise Social Audit ?The Panchayat Committee has the

responsibility in organising social audit. Butto facilitate proper implementation, thetask can be assigned to a sub committeeor standing committee. The term of sucha committee should atleast be onefinancial year. The main responsibilities arethe following:• The nature of the audit should be

planned, discussed in the PanchayatCommittee and its approval secured.

• Convening of a meeting ofimplementing officers to plan theconduct of the audit, its organisationand monitoring.

• Collection of social audit reports ,arranging their presentation in GramSabhas if not done already,presentation of the report in the

Appraisal has tobe done on thebasis of thepresentation inthe Gram Sabha,one’s ownexperience,participation andwhat has beenseen and heard.


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Panchayat Committee, with separatepresentation of various subjects,institutions, individuals (officials,members) and committees. On thebasis of the Panchayat Committee’sdecision, carrying out tasks likeorganisation and monitoring togetherwith those concerned.

• Preparations for social audit, providingleadership for organising it.

• Ascertaining whether all the activitiescarried out during the past one year,performance of institutions, approachetc. have been subjected to socialaudit, when can each one of them bedone, which ones can be donetogether in the Gram Sabha: theseaspects have to be planned andmonitored.

• Providing leadership for all these tasks.• Planning the timely audit of all the

activities of a financial year.

How to conduct Social Audit?• The report prepared by the

implementing officer must bepresented in detail. The problems andimpediments he /she had to face inthe course of implementation and thesuggestions for improving matters mustbe included in the report. Theassistance required to make theorganisation of his / her office andits manner of functioning moreefficient , can also be included

• After the presentation, groups have tobe formed. The basis for groupformation could be a person’sconnection with matters covered inthe presentation [like a programmeimplemented in his /her area ].

• After group formation, a personshould be selected from each groupto lead the group, to write down theviews expressed in the group and laterpresent it in the plenum. The reportprepared earlier must be given to each

Social audit reportmust be used as thebasic review report

of the activities ofthe local selfgovernmentinstitution.

Must participate inthe social audit. The

income andexpenditure details of

the Panchayat mustbe thoroughly

checked.

Not only that. We should think of ways tosolve the problems, work for that. Our role asmembers of the Gram Sabha in the processmust also be examined.


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group. To explain matters in the groupwhen the need arises, capablepersons must be assigned to eachgroup.

• Appraisal has to be done on the basisof the presentation in the GramSabha, one’s own experience,participation and what has beenheard and seen. The appraisal mustcover aspects like receipts for thework, expenditure, materials bought,land purchased, organisation andworking, officials concerned anddifferent committees. The officialsconcerned can sit with each group toclear doubts. [Care must be taken tosee that it does not lead to heatedarguments that serve no purpose]

• The general views on differentsubjects must be included in the reporton the discussion.

• These views from all the groups shouldbe presented in the plenum and gotapproved. A three member

committee must be constituted toprepare this as the Gram Sabha’saudit report to be handed over to thePanchayat. This report must mentionthe drawbacks found and ways to setthem right. Copies of this report haveto be displayed on the Gram Sabha’soffice board and other notice boards.

• If the Gram Sabha feels the need forfurther prob on any matter a subcommittee can be constituted for thepurpose. This committee shouldprobe the matter and present itsreport in the next Gram Sabha.

• If the groups’ reports need moreclarity or if any misunderstanding hasto be cleared, it can be done withthe help of proper records. Followingthis, if the Gram Sabha says that theclarification is adequate, the relevantobservation in the audit report has tobe waived and an announcement tothat effect made in the plenum.

• While conducting social audit, a

The PanchayatCommittee has the

responsibility inorganising social

audit. But to facilitateproper

implementation thetask can be assignedto a sub – committee

or standingcommittee


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proper assessment has to be made –in each project, in all activities andtheir organisation – of theconsideration shown to women’sinterests and women’s participation.

• In the report of the three membercommittee constituted by the GramSabha, the names of the persons, theiraddress and signature must be givenat the end of the report.

• A copy of this report must be givenby the sub-committee to the secretaryand the implementing officer.

• The Panchayat has to ensuresubjecting this report to Performanceaudit.

• The social audit must be discussed inthe ward level and Panchayat levelforums. Copies of the report have tobe sought from / supplied by thePanchayats.

Follow-up action on Social Audit• The social audit report must be

discussed in the PanchayatCommittee.

• The various observations in it must beclassified.

• The ways and means of findingappropriate solutions must bediscussed with the officialsconcerned, committees, workinggroups, beneficiary committees,institutions and contractors anddecided accordingly.

• The suggestions made by each GramSabha and the action taken on themmust be filed separately andpresented in the next Gram Sabha.

• For matters to be taken up at higherlevels, appropriate arrangementshave to be made to ensure that theyreach those levels. The responses fromthem have to be communicated tothe Gram Sabha.All audits, especially performance

audit and social audit, help the PanchayatCommittee to provide the rightatmosphere for its proper functioning.

Ombudsman is aword in the Swedishlanguage for theofficial authorised toenquire intocomplaints from thepeople aboutmaladministrationand corruption.

Where is the time for making enquiries,gathering information

and participating in socialaudit? If one could find

time for such thingsI would have

gone for someremunerative

work.

It is not correct to think like that. Even if weget more income, if the living conditions arenot good, it is of no use. The electedrepresentatives alone are not responsible forthis. We must be prepared to fulfill ourresponsibilities and exercise our powers.


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4. OMBUDSMAN

What is Ombudsman ?Ombudsman is a word in the Swedish

language for the official authorised toenquire into complaints from the peopleabout maladministration and corruption.Ombudsman is an independentintermediary between the administrationand the citizens. The meaning of thisword, used for the first time in Sweden in1810 as an official designation, is ‘agent’.The three main tasks assigned to theOmbudsman are:1. Find solutions to people’s complaints2. Make the administration clean3. Assist the functioning of legislative

bodies to exercise effective controlover officials.The Administrative Reforms

Commission [1966] recommended thecreation of institutions like Lok Pal and LokAyukta to make eradication of corruptioneffective. It also recommended theabolition of vigilance commissions that

existed in few states. The appointment ofOmbudsman in Kerala is a part of thefollow-up action taken by the state onthese recommen-dations.

The Ombudsman appointed at thestate level is the authority to settlecomplaints against maladministration andcorruption by the local self governmentinstitutions and the public servants underthem.

The responsibilities of Ombudsman[ Sections in the Panchayati Raj Act chapter25-B, 271 [F] to [R] ]• Conduct enquiry about any allegation

contained in a complaint ormentioned by the government.

• Enquire into any complaint ofmaladministration or corruption ofpublic servants or local selfgovernment institutions.

• Pass orders on the basis of suchenquiries.

• If any criminal offence is involved,

The Ombudsmanappointed at thestate level is theauthority to settlecomplaints againstmaladministrationand corruption in theexecution ofgovernance by thelocal self governmentinstitutions and thepublic servants underthem.


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forward the matter to the appropriateauthority for trial.

• On matters where a citizen suffersloss or inconvenience, compensationhas to be ordered to be paid throughthe local self government institution,by collecting the compensationamount from those responsible for theirregularity.

• If extravagance or misuse in the caseof funds of local self governmentinstitutions causes loss, orders have tobe issued to make good the loss byrecovering it from those responsiblefor the irregularity.

• If any matter has been left out due tosome irregularity or indifference,orders must be issued for its inclusionand correction of the mistake.

• If it is certain that the activities of alocal self government institution willcause loss or injury to a complainant, stop it from doing anything againstthe interests of the complainant; if the

irregularity committed is in thenature of corruption for personalgains, impose a penalty also inaddition to compensation.

Procedure• Once a complaint is registered, a

copy of the complaint and relatedrecords must be forwarded to theopposite party together with thenotice. If that person fails to submithis response and related recordswithin 15 days from the date ofreceipt of the notice, decision on thecomplaint must be taken ex parte.

• The Ombudsman can summon anyperson as a witness and direct thecomplainant or opposite party toproduce any record. After twomonths from the date of disposal ofthe complaint and within a month’stime those who had produced therecords have to take them back.

• If any matter mentioned in the

On matters where acitizen suffers loss or

inconvenience,compensation has to

be ordered by theOmbudsman, to be

paid through a localself government

institution, bycollecting the

compensation amountfrom those

responsible for theirregularity.


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complaint warrants in depthinvestigation, reports from the police,other government officials ortechnical experts will be considered.

• If a specific request is made, theopportunity to present matters directlycan be granted and orders passed afterexamining the evidence and recordspresented.

• If it is realised that the case againstthe complainant involves a criminaloffence, the Secretary of theOmbudsman can forward theOmbudsman’s inferences andrecommendations to theSuperintendent of Police. TheSuperintendent of Police must registera case and pursue further action andinform the Ombudsman accordingly.

1. The final orders on the complaintsreceived will be passed within sixmonths.

2. The orders will be either in English orMalayalam.

3. Everyone concerned is obliged toexecute the orders. The Ombudsmancan take appropriate action againstthose who fail to comply with theorders.

4. Copies of the final order will be givento all concerned within a month’stime.

5. The Ombudsman’s signature andoffice seal must be affixed on allorders. All copies of the order musthave the Secretary’s signature andoffice seal.

6. The Ombudsman can on his / her ownor on the basis of a complaintpresented within sixty days ,reconsider any decision.

7. The relevant records must be properlypreserved.

Procedure for filing a complaintA complaint addressed to the

Ombudsman can be submitted directly

The Ombudsman can,on his/her own, or onthe basis of acomplaint presentedwithin 60 days,reconsider anydecision.


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before the Secretary of the Ombudsmanor sent by registered post.

FeesThe complainant must affix court fee

stamp worth Rs 10/- on every complaint.But when a complaint is filed on behalf ofthe government by a person authorisedby the government, no fees need be paid.

Copies of the complaintThe number of copies of each

complaint and the accompanying records

must be the same as the number ofopposite parties.

Solemn declarationAlong with each complaint a solemn

declaration has to be filed stating thateverything mentioned in the complaint istrue to the best of his /her knowledge andbelief.

Model of a complaintAs far as possible, complaints must be

submitted in the following format :

A complaintaddressed to the

Ombudsman can besubmitted directly

before the Secretary ofthe Ombudsman or

sent by registeredpost.

Before the Ombudsman for the local self-government institutions, appointed as persection 13 /271 G of 1994 of the Kerala Panchayat Act 1994.

Complaint Number :Name and address of Complainant :Name and address of Opposite Party / Parties :1. Name of Complainant :2. Name of father / husband :3. a] Age : b] Occupation :4. Permanent address :

a] Name :b] House name /number : c] Post Office :d] Taluk : e] District :

5. Nature of the complaint :Description and details

6. Names and addresses of persons [if any] who, according to the complainant, are aware of the facts related to thecomplaint and the complainant wishes to be summoned before the Ombudsman

7. Particulars of records submitted with the complaint1. ..................................... 2. ..................................... 3. .....................................4. ..................................... 5. ..................................... 6. .....................................7...................................... 8. ..................................... 9. .....................................

PlaceDate Signature of the complainant

I hereby solemnly declare that the particulars given above are true and correct to the best of my knowledge and belief.SignatureDate

Note: The complainant can copy this form on white paper. Depending on the nature of the complaint additional sheets ofpaper can be used to furnish more information.


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5. TRIBUNAL FOR LOCAL SELFGOVERNMENT INSTITUTIONS

What is the Tribunal?The Kerala Panchayati Raj Act

Chapter 25-C, 271-S, 271-U sections andsection 509 of the Kerala MunicipalitiesAct provide for the formation of a Tribunalfor local self government institutions.According to this the Tribunal isempowered to consider and pass orderson appeal / revision petitions against thedecisions of the local self governmentinstitutions. It is also empowered toconsider disputes between Panchayats andbetween Panchayats and the stategovernment and convey its opinion to thestate government. The Act also suggeststhe appointment of a Tribunal for eachdistrict or for more than one district.

The important elements of thegovernment order No.[P] 252 / 99/ LSGDdated December 20, 1999 containing the

rules pertaining to the Tribunal, are asfollows:

FormationThe government has to appoint as

Tribunal, a person from the state judicialservice holding the rank of a District Judge,in consultation with the Chief Justice ofthe Kerala High Court.

Term of OfficeThe term of office will be three years

from the date of assumption of charge orthe date of super annuation from thejudicial service.

StaffAn officer not below the rank of an

Under Secretary in the Law Departmenthas to be appointed by the governmentas the Secretary to the Tribunal. The otherofficers and staff have also to be appointedas per requirements.

Along with eachcomplaint a

solemndeclaration has to

be filed statingthat everything

mentioned in thecomplaint is trueto the best of his/

her knowledgeand belief.


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RegistersA] The Petitions Register in Form [A] to

record the particulars of petitionsreceived and summary of orders.

B] The Diary Register in Form [B] torecord the gist of petitions receivedby the Tribunal and notes on actiontaken and orders issued till the finaldisposal.

C] Other registers deemed necessary bythe Tribunal.

Petitions1. The petition must be an appeal /

revision petition against an order oraction of the Gram Panchayat,Municipality, Finance StandingCommittee or Secretary.

2. Petitions can be filed on matters forwhich time limits have been fixed bythe Panchayat or Municipality butdecisions have not been taken by theStanding Committee or the Secretary.

3. If the petition is against a notice ororder, it has to be filed before the

Tribunal within 30 days or within 60days after filing an appeal before thelocal self government institution and90 days for matters on which nodecision has been taken. However,petitions filed even after the specifiedtime limits can be accepted upto onemonth if the Tribunal is convinced thatthere were valid reasons for the delay.

4. Attested copies of all related recordsmust also be submitted along with thepetition.

FeesWhile submitting a petition a sum of

Rs. 50/- has to be remitted in the Officeof the Tribunal or a Demand Draft forRs.50/- issued on a bank at the place atwhich the Tribunal is based, must beenclosed.

PowersWhile trying a case under the civil law,the Tribunal will have the same powers asthose vested in a civil court.

The Tribunal isalso empowered toconsider and passorders on appeal /revision petitionsagainst thedecisions of thelocal selfgovernmentinstitutions.


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1. To suspend the proceedings of noticeand orders.

2. To send notice to the opposite party.3. To summon witnesses for trial and to

call for records4. To issue orders to the local self

government institutions.5. To conduct hearing of pleas of parties.6. To pass judgement after examining

the petitions and records. [Thejudgement must be recorded, dulysigned and have the official seal. Acopy of the judgement must be givento the persons concerned within aweek from the date of judgement].

Manner of filing a petitionThe petition can be filed directly by

the petitioner or through registered post.

Copies of the petition and recordsAlong with the petition, an attested

copy each of the petition and the relatedrecords have to be submitted to the

Tribunal. As many number of attestedcopies as the number of opposite partiesmust also be submitted.

Application FormA model of the application form is

given on page 53.

Matters on which Appeal /RevisionPetition can be filed before theTribunal for Local Self GovernmentInstitutions1. Assessment, demand and collection of

tax, fees or cess.2. Grant of permission and license for

trading, setting up a factory, industry,market etc.

3. Registration of private hospitals, paramedical institutions, tutorial collegesetc.

4. Water supply in the local selfgovernment institutions’ areas.

5. Street lighting

The Tribunal isempowered to

consider disputesbetween Panchayats

and betweenPanchayats and the

state government andconvey its opinion to

the government


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6. Construction and management ofdrains

7. Management of public toilets; actionagainst private toilets causing publicnuisance

8. Removal and processing of garbageand solid waste.

9. Regulation of fairs and festivals;collection of cost of cleaningoperations from the organisers.

10. Maintenance of public streets andprevention of encroachment on them.

11. Protection of public places12. Regulation of building construction.13. Protection of ‘Poromboke’ land

[unclaimed land]14. Action against structures, trees or

places that are dangerous or are anuisance; action against dangerousquarrying, rockblasting etc.

15. Action against ponds, pits, wells, tanks,lakes, marshes, drains, mud-holes etc.which are either dangerous or are

sources of nuisance16. Regulation of farming and manuring

practices that are injurious to publichealth

17. Protection of common water sources.18. Ban against pets that are a nuisance

to others.19. Control over slaughter houses /

abattoirs; action against unauthorisedslaughter.

20. Management of markets, collection offees, prohibition of sale of articles onstreets

21. Licensing of parking lots, unloadingyards etc.

22. Licensing of hotels, restaurants,banning sale of food material that isinjurious to health and the destructionof such material.

23. Licensing of cremation / burialgrounds

24. Steps against contagious diseases.

While submitting apetition a sum ofRs. 50/- has to beremitted in theoffice of the Tribunalor a Demand Draftfor Rs. 50/- issuedon a bank at theplace at which theTribunal is based,must be enclosed.


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Model Application FormBefore the Tribunal for Local Self Government Institutions

1. Name and address of the petitioner2. Name and address of opposite parties3. Is this petition an Appeal or Revision Petition?4. Name of the institutional authority that issued the notice / order or took action which is thereason of this petition and the number and date of that notice / order.5. Date on which aforesaid order was received / action taken was noticed.6. Reason for challenging the notice / order.7. Is a stay sought on the notice / order / action and if so the reasons thereof8. If the receipt for payment of any tax is produced, its number and date9. If the petition is a claim for money, the amount involved10. Remedy / solution sought11. Details of records submitted in support of the petition

i. ……....ii. ……….iii. …….....

12. Particulars of fees for the petitionI ………………………………………… whose name is mentioned above, hereby declare

that the particulars given above are true and correct to the best of my knowledge and belief.

Place Signature of the PetitionerDate

Along with thepetition, an attested

copy each of thepetition and the

related records haveto be submitted to the

Tribunal. As manynumbers of attested

copies as the numberof opposite parties

may also besubmitted.


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Forging links with all types of organisationsand using the strength so derived topromote local development that facilitatesthe growth of an orderly way of life, is animportant basic tenet of Panchayati Raj.The influence of various small and bigCBOs in the progress of Kerala has beenconsiderable.

Self Help Groups, Women’s Neigh-bourhood Groups [connected withKudumbashree], common neighbourhood groups [groups comprising all themembers of about 50 households that arelocated close to each other], clubs,women’s associations [Mahila Samajam],libraries / reading rooms, farmers’associations, P.T.A [Parent Teachers’Association] Mother P.T.As, Ward-Panchayat Development Committees,

2

ROLE OF COMMUNITY BASED ORGANISATIONSWITHIN THE PANCHAYAT

Area Development Societies, CommunityDevelopment Societies [both related toKudumbashree], Residents’ Associations[whose number is increasing steadily[,citizens’ groups, workers’ organisations,youth organisations and such small and bigCBOs can be seen in any Gram Panchayat.But, at present, they are mostly involvedin their own activities only. For some ofthem the only activity is the celebrationof their anniversary while some have onlyfinancial dealings. Most of them drift awayfrom the objectives of social work, withoutfinding the space for such work or byfailing to recognise the space that doesexist. For this reason, most of them fail toget the society ’s acceptance or areincapable of exerting any influence on thesociety. Further they do not succeed in

If we look into thedevelopment of anyarea, we find that inareas where thenumber of communitybased organisationsis high or the groupsare more active, therehas been more ofdevelopment and theefficiency of theadministrativemachinery has alsobeen greater.


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reaching the goals set by themIn all these small groups, the citizens

of the respective areas are the members.If we look into the development of anyarea, we find that in areas where thenumber of such groups is high or thegroups are more active, there has beenmore of development and the efficiencyof the administrative machinery has alsobeen greater. In Kerala itself severalactivities like construction of roads, healthservices, awareness building programmes,study programmes, construction ofschools, bridges, environmentalprotection, social forestry, construction ofwaiting sheds, caring of destitutes, culturalgroups / organisation of competitions,assisting the administration and activismagainst evil and injustice were successfullycarried out through voluntary effortswithout any assistance from thegovernment. All these efforts involved themaximum utilisation of local resourcesparticularly human resources. It showed

the basic awareness about the essentialneed of joint efforts for human survival.

Now, with the establishment of thePanchayati Raj system, governance,powers, finances and its utilisation haveall come close to the people. The ‘GramSabha’ has become the most importantinstitution in the system. In other words,an organisational arrangement is in place,facilitating implementation of activitieswith greater vigour compared to the past,with centres of governance and authoritystanding shoulder to shoulder. For theaforesaid organisations new and vastpossibilities have opened up. It is anopportunity to intervene as citizens todischarge one’s responsibilities andcontribute their mite for the developmentof the country in diverse areas. Thepossibilities for such intervention must belooked into duly considering one’s areaof intervention and the objectives andgoals of the organisation. It means thatinstead of keeping aloof and finding faults,

For the organisationsit is an opportunity tointervene as citizens,

to discharge one’sresponsibilities andcontribute their mitefor the development

of the country.


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one must be ready to discharge his / herresponsibilities. By making the functioningof the organisation transparent andsubjecting it to social audit, they shouldendeavour to make the functioning of thePanchayat transparent.

The approach should be to find outways and means of utilising the capacitiesof the organisation to strengthen thefunctioning of the Panchayat.

Development is understood to be thesole responsibility of the government. Butit is a process that should take placethrough collective action.

The main responsibility for this lieswith the local self governments. Moreover,in a state like Kerala there are politicalparties to provide the leadership. If thereis decline of cultural values in an area orweakening of the agricultural sector, itmeans that all organisations involved inrelated activities are also responsible forit. In the prevailing circumstances theresponsibility of organisations formed withspecific objectives in each sector, is great.

It should be possible for them to work /help at the levels at which they can.Mainly three types of activities arepossible:

i) Have a clear concept within theirorganisation about the local govern-ment system, the problems and possi-bilities related to the development ofthe area, and their responsibilities inthe sector of their intervention.

ii) Use the knowledge gained andexpertise acquired by each of theseorganisations in the sectors related totheir activities for the smoothfunctioning of local governments

- in planning- in implementation- in training- in technical expertise- in other organisational matters- in resource mobilisation- in conducting studiesiii] Conduct social audit, give publicity to

the citizen’s charter and create

The responsibility oforganisations formedwith specificobjectives in eachsector, is great.


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awareness among people about theirright to information.

Types of intervention1. For Conceptual Clarity

Every organisation must acquireconceptual clarity on all these mattersby studying them, by securing thehelp of others, through discussions,from their own enquiries andexperiences.In a politically enlightened state likeKerala, strong intervention of thepolitical parties leading the local selfgovernments, is absolutely essential tohelp the Panchayat Committees toformulate suitable policies on matterslike approach to development of thearea, their vision and implementation.

2. To identify the problems andfind solutionsIn accordance with the nature of theorganisation and its competence, theproblems of the area must be

identified and the ways and means ofsolving them effectively must beinvestigated. For example, if it is afarmers’ group, the problems of thatsector must be identified. Parent-Teacher Association in the educationsector, libraries and clubs in the areasof culture, non-formal education andenvironment, labour organisations intheir area, etc. To facilitate this,discussions could be arranged amongthe public or among its members orstakeholders. The role of variousorganisations, the public and thedifferent tiers of governments mustbe studied and programmes preparedaccordingly. Public involvement andaction are to be ensured. Whenmatters are taken to the Gram Sabha,the desire for a common approach aswell as a comprehensive long termvision will gradually emerge, pavingthe way for practical suggestions andjoint efforts, with the PanchayatCommittee rising to the occasion andassuming the leadership role.

The perception thatthe approach to

development must bein tandem withenvironmental

protection, must benurtured.


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3. Interaction with the publicWhile the organisations study theprevailing situation, it should bepossible for them to convince thepublic within their operational sphere.Depending on the sector whoseproblems are being studied forpossible interventions, publicparticipation and conceptual clarityhave to be ensured.

4. Evolving a new development cultureThrough such interventions it shouldbe possible to evolve a newdevelopment culture. There is anotion that development ofinfrastructure alone is development.Instead, people must be made torealise that it is only one aspect ofdevelopment and unless it isaccompanied by other elements,infrastructure by itself is neitheradequate nor a panacea. To evolve adevelopment culture that is in tune

with nature, there has to be a radicalchange in the lifestyle andconventional practices. The peoplemust be assisted to prepare in writingthe norms to be followed / observed,for approval by the Gram Sabha. Onthe basis of this, it should be possiblefor the Panchayat to formulate localrules / policies.

5. Environmental protectionThe perception that the approach todevelopment must be in tandem withenvironmental protection, must benurtured. Further, the plan of actionand livelihood patterns promotedshould be such as to help protectionof the environment. The endeavourshould be to implement suchprogrammes while strengthening thehands of the Gram Sabha as well asthe local government to oppose theforces that obstruct the smoothprogress of such initiatives.

Protection of publicproperty lying in itsarea of operation,monitoring of activitiestherein etc. should bedone and brought tothe notice of thepeople.


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6. Participation in integrateddevelopmentWhile planning the measures forintegrated development, a meeting ofthe organisations of the area must beconvened to discuss and decide thesectors in which they would be ableto support the efforts of the Panchayat.The responsibility of each should bemade clear. Resource mobilisation,voluntary efforts, imparting training inthe utilisation of the funds receivedin a manner that is helpful for theactivities, in providing technicalexpertise, in organising the GramSabha, in conducting studies and inmobilising the people are matters inwhich their support can be extendedaccording to the circumstances. In thedecentralised governance systemthere is no scope for any parallelsystem other than the one that acceptsthe authority of the Panchayat and isagainst the concept of decentra-

lisation / Panchayati Raj. It will haveonly a negative impact. Collectivethinking will help to avoid duplicationof efforts and facilitate the utilisationof the Panchayat’s resources andefforts in new avenues.

7. Help the planning processApart from assisting in the organisationof the Gram Sabha, Panchayats can behelped through the working group forplanning and in mobilising the stakeholders. There are also other areas likepreparation of different maps toenable the Panchayat to collectinformation and similar matters.

8. Assist in resource mobilisationThey can take the initiative to morethan double the funds obtained by thePanchayat through their voluntaryefforts by improving tax payments, bycollecting donations and by findingother sources of funds.

In forging linksbetween the

administration andthe people, the

organisations mustadopt a style of

working where theywork closely with both

sides.


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9 Organising cultural eventsOrganising the celebration ofimportant days [like Republic Day,Independence Day, Kerala Day],honouring persons with attainmentsin different fields, celebratingnational festivals, organising fairsrelated to production and marketing,taking the lead in cultural events,programmes to encourage in childrenand adults with skills in sports andgames and artistic talents- All incollaboration with local governments.

10.Explore / find out the markets andpromote themPublicity for the local products,improving access to market, findingout the markets, organisation ofweekly markets and nurturing selfreliance.

11. Organisation of common forumsFor consultations on such matters,common forums that would enable

people at Panchayat level [or wardlevel] to participate, can beorganised. They should provide thefreedom / opportunity to discuss anyissue. If required, the responsibilityfor organising these events can beaccepted by different organisations inturn. A priority list of suchorganizations can be prepared. Thelist of invitees can include officials,members of the District, Block andGram Panchayats, MLA etc. Furtherthe event should be such that any onecan attend and present his / her views.A detailed explanation on this is givenin the handbook on Gram Sabha.

12 Assist the institutional monitoringcommitteesAssist the monitoring committee setup to monitor the functioning ofoffices and public institutions withinthe area of operation of the smallgroups and present a report on thisin every Gram Sabha.

The groups can takethe initiative to morethan double the fundsobtained by thePanchayat throughtheir voluntary efforts,by collectingdonations and byfinding other sourcesof funds.


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13 Assist the citizens in the discharge oftheir dutiesAlong with the support given to thePanchayats, the citizens have to beassisted in discharging their duties.These would include monitoring,conduct of social audit, use of right toinformation, working of vigilancecommittees, maintaining efficiency inperformance, effective use of theCitizen’s Charter and proper selectionof beneficiaries.In such small groups, the Citizen’sCharter must be discussed andmonitored regularly to see if theimplementation is proper and react /intervene wherever it is not proper.The activities of each locality must bemonitored right from the beginningand be ready to discuss it in the groupand present related matters in theGram Sabha. Through suchinterventions the social audit can bemade more effective and the

functioning of the local governmentstronger. It should also be possible toassist the functioning of the Panchayat,ward level vigilance committees andappraise their performance regularly.Further, it should help gathering ofrequired information as part of the‘Right to Information’ for use in apositive manner.

14.Competences of each organisationmay be different. It should be possibleto identify this and use it accordingly,as well as to link and extend suchcapacities through a network of theseorganisations.

15. Resource mobilisation for a Panchayatcan be from different sources and inseveral ways. Panchayats can beassisted in finding out these sourcesand in securing them.In short, what is required is a working

Publicity for the localproducts, improving

access to market,finding out the

markets, organisationof weekly markets andnurturing self-reliance

must form part oftheir activities.


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style that is marked by joint efforts to linkthe governing institutions with the citizens.Both must be given the support- technicaland intellectual- to fulfill their duties andresponsibilities. Such activities will, no

doubt, be conducive to the acceptance ofthe organisation by the people andcontribute to the improvement of theefficiency of its members as well as thecommunity.

There is no development, only rhetoric!The agricultural scene presents a dismal

picture, not to speak of the cultural scene.Where are we going?

If the agricultural, cultural or developmentalscene in an area presents a dismal picture, thenall organizations related to these sectors are alsoresponsible for it. It is the collective

responsibility of allconcerned. Smallorganisations do have a bigrole in the task.

The activities of eachlocality must bemonitored right fromthe beginning,discussed in thegroup and relevantmatters presented inthe Gram Sabha.


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The central and state governments passedthe Right to Information Act to makegovernance transparent and therebyprovide the opportunity to the people toobtain all information as if from an openbook. In a democratic country the citizensare the supreme authorities. They havethe right to know about the governingsystem made for them. Based on thisprinciple, the Right to Information Act isintended to confer to every citizen theright to obtain any information [exceptthose declared as secret record in theinterest of the national security].Accordingly the government is obliged toprovide to its citizens information on anymatter.

It includes not only the governmentdepartments but covers quasi government

organisations, public sector, local selfgovernment institutions and organisationsin which government has shares or thosethat get assistance from the government.In all organisations that come within thepurview of this law, Information Officershave to be appointed at district level, statelevel and secretariat level. They areresponsible fo providing the informationsought by the public. If the information isnot provided or if the informationfurnished is wrong, a complaint can befiled before the InformationCommissioner and thereafter before theChief Information Commissioner.

Public Places of AuthorityThe Public Places of Authority are

institutions that are mentioned in theconstitution or come under it, those that

3RIGHT TO INFORMATION ACT 2005

The Act is intended toconfer to every citizenthe right to obtain any

information (exceptthose declared as

secret record in theinterest of the nation’s

security.)


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have been established as per a law passedeither by the Parliament or by the Statelegislature , non governmental organi-sations and institutions that function withthe assistance provided by the governmentdirectly or indirectly and all organisationsincluded in this category by a governmentnotification or order.

Responsibility of Public Places ofAuthority

As the Right to information requiresquick and accurate response, all recordsin the common places of authority mustbe properly classified, indexed andpreserved. Further, those that can bestored in the computer must becomputerised within a reasonable timedepending on the availability of resourcesand made accessible all over the countrythrough the network.

Within 120 days of enactment of thislegislation, a document must be preparedwith the particulars on the following points

and renewed every year with appropriatecorrections.1] Particulars of the formation of the

authority, its responsibilities andfunctioning.

2] The powers and responsibilities of theofficers and employees in it.

3] Procedure in the formulation of policyincluding the arrangements forsupervision, responsibilities andduties and related conditions.

4] Instructions, manuals and recordsrelating to the rules and regulationsframed for its functioning.

5] A statement about the records in itspossession or under its control.

6] Consultations with the public onmatters related to its functioning andtheir participatory nature.

7] A statement about different Boards,Councils etc. If they have Boards orAdvisory Committees with two ormore members are their meetingsopen to the public? Can people

As the right toinformation requiresquick and accurateresponse, all recordsin the common placesof authority must beproperly classified,indexed andpreserved.


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obtain copies of the minutes and theprocedures.

8] A directory of officers and staff, theirmonthly income and compensationfor losses.

9] Sanctioned budget, schemes and theirparticulars, accounts of income andexpenditure, details of paymentsmade

10] Subsidy, nature of implementation,sanctioned amount, details ofbeneficiaries

11] Sanctioned benefits, particulars of theirbeneficiaries

12] Details that are provided13] Arrangements made for providing

information, if facilities like libraryhave been established, details thereof

14] Names and designations of PublicInformation Officers.

15] Any other prescribed information.

Whenever important policies are

formulated or decisions affecting thepublic are announced, all relevantparticulars must be published. Further, thereasons that led to decisions of anadministrative or quasi judicial nature,must be communicated to the aggrievedparty.

Information has to be provided in themother tongue. For this the electronicmedia can be used. Furnishing ofinformation must be done free of cost.However, the expenses for media orprinting can be accepted while givingpublicity to all matters as per the rules. Inaddition arrangements must be made toconvey information to the public throughnotice boards, newspapers, publicannouncements, visual media, internetetc.

Public Information OfficerAll public Places of Authority must

appoint within 100 days from the date onwhich the relevant law has come into

Whenever importantpolicies are

formulated ordecisions affecting thepublic are announced,

all relevantparticulars must be

published.


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force, the required number of officers atthe appropriate places, to provideinformation. It can be as Chief PublicInformation Officer or as PublicInformation Officers in the administrativeoffices or other offices under them. If theservices of any other officer is required toensure their proper functioning, that canbe sought.

Application for obtaining informationTo get any information an application

written in English, Hindi or the regionallanguage of the area or in the electronicform, has to be given. The prescribed feesmust be remitted along with theapplication. In the case of Public Place ofAuthority, the application has to be givento the Chief Information Officer, Asst.Chief Information Officer or StateInformation Officer. If a person isincapable of filing a written application,the officer concerned is responsible forhelping in preparing a written application

The applicant apart from furnishinginformation that enables the authority tocontact him is in no way obliged to statethe purpose for which the information issought or any personal particulars..

If the application concerns anotherPublic Place of Authority or is closelyrelated to its responsibilities, the Authoritythat received the application must pass onthat application or its relevant portion andinform the applicant accordingly. Thetransfer of an application in this mannershould not take more than five days.

Disposal of an applicationAn application must be disposed of

within 30 days from the date of receipt.But if the information sought relates to aperson’s life or individual freedom, theinformation has to be provided within 48hours. If the amount remitted is less thanthe prescribed fee, the applicant must beinformed about it as quick as possible. Inthis intimation mention must be made of

Arrangements must bemade to conveyinformation to thepublic through noticeboards, newspapers,publicannouncements, visualmedia, internet etc.


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the applicant’s right to seekreconsideration of the decision on the feesamount, the authority’s explanation, legallimitations and procedural formalities . Ifthe applicant is a person below povertyline, no fees need be charged. If the timelimit prescribed for providing theinformation is not adhered to, theinformation must be furnished free of cost.

If an application is rejected for somereason, the following details must beprovided to the applicant:1] The reason for rejection of the

application2] Time limit for filing an appeal against

the rejection3] Details of appellate authority.

Few important reasons for rejectionApplications can be rejected when

the information sought relates to any ofthe following:• Information that adversely affects

India’s sovereignty and solidarity, its

An application mustbe disposed of within30 days from the dateof receipt. But if the

information soughtrelates to a person’s

life or individualfreedom, the

information has to beprovided within 48

hours.

security, its military, scientific, oreconomic interests: matters affectingour relationship with other countries,information that might cause orencourage criminal actions.

• Any information forbidden by a courtor tribunal or that which would becontempt of court

• Information that can adversely affectany criminal investigation or the arrestof criminals or their prosecution

• Records of cabinet papers includingthe records of discussions of Ministers,Secretaries to Government and otherofficials [But the decisions, thereasons, the facts based on which thedecisions were made etc. have to befurnished after such decisions aretaken or after a matter has ended.]

• Any information that is detrimental toan entire department.A law like this has great historical

significance. But it has to go a long way toacquire strength in its practical application.Effective action plans have to be prepared


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The Right toInformation Act 2005has great historicalsignificance. But ithas to go a long wayto acquire strength inits practicalapplication. Effectiveaction plans have tobe prepared to makepeople realise theimportance ofthis law.

to make people realise the importance ofthis law. As the governance level at whichpublic have direct dealings, ways andmeans of linking it with the functioning oflocal self government institutions have tobe thought of. Obtaining information,sharing it, discussing matters collectively,acting jointly, helping each other …these

are the only ways for the people to solvetheir problems, to bequeath bettertomorrows to posterity and build a stableand accountable governing institution. Byexercising our right to information, let uswork together, discharge ourresponsibilities and use our authority in aneffective manner.

THE KERALA CONTEXT

• Panchayat Committee is the committee of elected representatives• Every Gram Panchayat is divided into 12-22 wards depending on the size of the

population and geographical area.• Each ward elects a ward member and the ward members elect the President,

Vice President and Chairpersons of the various Standing Committees.• Gram Sabha in Kerala is ward based.• Working Group is the committee of local experts, stakeholders, officials and elected

representatives. Panchayats constitute working groups for each of the developmentsectors. These working groups help the Panchayat committee in preparing draftprojects and plans.

• Kudumbashree Mission is the State Poverty Eradication Mission and is followinga process approach to eradicate absolute poverty within a definite time frameunder the leadership of Local Self-Governments.

• ADS (Area Development Society) is the federation of Kudumbashree NHGs(Neighbourhood Groups) at the ward level where as CDS (CommunityDevelopment Society) is the Gram Panchayat level federation of ADS and is aregistered society.

Date post:	26-Apr-2018
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