Key Principles of Right To Public Service Delivery Legislations

3 Jul

In my last post titled  “Time-bound delivery of Public Services now a reality?!“, I lamented on the need and the importance of the right to public service delivery legislation. In this post I shall be discussing some of the main principles of the acts. While, all the acts differ, the essence of their rules remain the same – providing the public with time bound delivery of specific services of particular departments as mentioned in the rules and notifications which are made after the bill has been passed. This bill penalizes the service provider for failing in his duty according to the rules made with the aim of achieving efficient and effective delivery of the public service to the citizens at large.

Key Principle of the Legislations:

1.      Departments and Services Covered

The number of departments to be covered under this act along with services provided by them is released through notifications. These notifications are revised from time to time and the list is updated accordingly. The list includes some of the services including issuing ration cards, water connections, death certificates, driving licences, electricity connections, mark sheets, attestations and so on. The departments covered include Human Resource Development, Revenue Department, Department of Police, Transport Department, Labour Department and General Administration Department. The services offered are dependent on a number of factors including the demand from the citizens, willingness of the departments or even their current efficiency.

2.      Time Period

The time period is stipulated according to each service offered and differs from state to state. This depends on varied reasons like the simplicity of the service provided, the volume of the applications etc. The time period is measured from the time that an application is submitted to the officer-in-charge (designated officer) or an official responsible/authorized on the officer’s behalf and acknowledged through a receipt. In case the application is rejected, written reasons are to be recorded by the officer and the citizen is to be intimated. For instance, in Jammu and Kashmir, the inclusion of a new born child’s name is to take a maximum of 7 days after the submission of the birth certification. In Rajasthan, the health department is to issue the amount due to the woman under the Janani Shishu Suraksha Yojana (JSSY) immediately after delivery. In Punjab, the Housing and Urban Development Department is stipulated to sanction Building Plans/Revised Building Plans of a residential place within 30 days and of a commercial space within 60 days.

3.      Nodal Departments

The nodal departments are those which are assigned by each government to be incharge of implementing the Right to Public Service Legislation. The nodal departments differ in each state. Some of them include General Administration Department, Administrative Reforms Department, Department of Home, Department of Information Technology or even the Department of Revenue.

4.      Appeals

Every state legislation on public service delivery has its own rules on the number of appeals available to its citizens under the right to services legislation. For instance, in Madhya Pradesh if the application is rejected by the officer-in-charge, the applicant can file an appeal with the First Appellant Officer (FAO) within 30 days of the date of rejection or on expiry of the prescribed time limit. If the FAO rejects the application again, the applicant can appeal for the second time to the Second Appellant Authority (SAT) within 60 days of rejection by the FAO. Similarly, Bihar, UP and Rajasthan also give the applicants an option of two sets of appeal.  On the other hand, the legislation also gives an option to an aggrieved designated officer as well as the FAO to file for a revision before the nominated officer. While, J&K also has an option of two sets of appeal although an aggrieved officer may file a revision before a special tribunal to be set up. Punjab and Uttarakhand provide for three rounds of appeal with the third and final round of appeal to be addressed to the special commission set up under this act.

5.      Penalty

Every government officer who fails to provide the service within the stipulated time period is liable to a certain amount of penalty.  In most of the states (MP, UK, Delhi, J&K, Bihar, Rajasthan, Punjab, Jharkhand, Kerala and Orissa) the penalty is of Rs. 250 per day with the total amount not exceeding Rs. 5000. In Delhi, the penalty is of Rs. 10 per day not exceeding Rs. 200 while in Karnataka it is Rs. 20 per day not exceeding Rs. 500. In Himachal, the penalty can range anywhere between Rs. 1000 to Rs. 5000.

State

Number of Services

Number of departments covered

Penalty for not providing service

Nodal Department

Madhya Pradesh

52

16

Rs. 250 per day, max Rs. 5000

Department of Public Service Management

Uttar Pradesh

13

4

Rs. 250 per day, max Rs. 5000

Department of Revenue

Delhi

96

22

Rs 10 per day, max Rs. 200

Department of Information Technology

Jammu and Kashmir

45

6

Rs. 250 per day, max Rs. 5000

General Administration Department

Bihar

50

10

Rs. 250 per day, max Rs. 5000

General Administration Department

Rajasthan

108

15

Rs. 250 per day, max Rs. 5000

Administrative Reforms Department

Uttarakhand

63

10

Rs. 250 per day, max Rs. 5000

General Administration Department

Himachal Pradesh

 

12

Min Rs. 1000, max Rs. 5000

Department of Home

Punjab

69

11

Rs. 250 per day, max Rs. 5000

Department of Governance Reforms

Jharkhand

54

20

Rs. 250 per day, max Rs. 5000

 

Chattisgarh

139

20

Rs. 100 per day, max Rs. 1000

 

Assam

55

14

Rs. 50 per day, max Rs. 2000

Administrative Reforms and Training Department

Karnataka

334

45

Rs. 20 per day, max Rs. 500

Department of Personal and Administrative Reforms

Kerala

   

Rs. 250 per day, max Rs. 5000

Personal and Administrative Reforms Department

Orissa

56

10

Rs. 250 per day, max Rs. 5000

General Administrations Department

Gujarat

       

Goa

   

Rs 50 per day or Rs. 2500 whichever is less

 

* Information on the services and departments to come under the act is published as notifications. The gaps in the table above are due to lack of sufficient information. They will be updated as and when the information can be accessed. As for Goa and Gujarat both the bills are new and hence the implementation is still in the planning stage.

In my final blog post I will be analysing the working of some of these acts. Some of the questions that arise and that I will be looking into will be relating –

  1. Is penalizing officers the best way of achieving efficiency in delivering public services?
  2. Do these acts simplify the procedures for an applicant? Is there still scope for corruption within these acts?
  3. The success, if any, of the acts in providing better services to the public.

 

One Response to “Key Principles of Right To Public Service Delivery Legislations”

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  1. My Wishlist for the New Government | SaffronWala - July 7, 2014

    […] Implementation of a Right to Public Services Bill at the Central level, to ensure speedy, time-bound and efficient service to the general public from […]

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