rts gs 2012 full

RIGHT TO SERVICEPresentation by

G. SREEKUMARANAdvocate, Service Consultant &MANAGEMENT TRAINERMob 9400328063(Formerly Secretary, KSEB,Secretary, State Information Commission Associate Fellow, Institute of Mgt in GovtAddl Secretary to Govt, Home Dept)

WELCOME

04/09/23 ADV. G. SREEKUMARAN 9400328063

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RIGHT TO SERVICE

RECEIVED ASSENT OF GOVERNOR ON 4-8-2012

PUBLISHED IN THE GAZETTE DATED 6-8-2012

CONTAINS 12 SECTIONSTHREE LEVELS OF REDRESSALENSURES DELIVERY OF SERVICE


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People's Magna Carta

Right to Service Act – People's Magna Carta: Kerala CM Oommen Chandy


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Government service is not charityIt is the right of each and every citizen


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Right to service- aims

time bound delivery of services for various public services rendered by the Government to citizen and

provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated under the statute


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AIM

Right to Service legislation are meant to reduce corruption among the government officials and

to increase transparency and public accountability


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Madhya Pradesh became the first State in India to enact Right to Service Act on 18 August, 2010

Bihar was the second to enact this bill on 25th July 2012


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RIGHT TO SERVICERIGHT TO SERVICE

PARADIGM SHIFT

An act which will be implemented by the people and acted upon by the government

Right to Service Act

Preamble

PROVIDE FOR DELIVERY OF SERVICE

TO THE GENERAL PUBLIC

WITHIN STIPULATED TIME LIMIT


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What is Right to obtain Service?(S.4)

Any service to be provided under the provisions of any law for the time being in force

In other words, it is THE RIGHT OF THE CITIZEN TO HAVE THE SERVICE TO BE

PROVIDED BY DESIGNATED OFFICER within the stipulated time limit


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Goal

The Act will give every eligible person the right to obtain government services within a stipulated time-frame.

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It provides for effective, time-bound redressal of grievances of citizens, delivery of services to the public and making government servants liable in case of default


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Answerability of Public servants

The Act will provide a system wherein the public can make government servants answerable in terms of their functions, duties, commitments and obligations.


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WHO IS DESIGNATED OFFICER?

DESIGNATED OFFICER ISAN OFFICER DESIGNATED FOR PROVIDING

ANY SERVICE UNDER THE ACT (s.2(a)


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Who is eligible person (S.2(b)

A person who is eligible for the service

notified under S.3 in the official gazette


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What is service? (S.3(g)

Any service to be provided Under provisions of any law in forceOr as per Govt ordersTo the general publicBy Govt Deptts or LSG Institution or PSU or

statutory body notified under S.3


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Services available

Thirteen government services and nine services related to the Police

Department will come under the purview of the

legislation in the first phase. Services including that of Chief

Minister’s office and the offices of other ministers will be brought within the ambit of the law later


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STIPULATED TIME LIMIT (2(i)

Maximum time limit notified u/s 3 to provide a serviceBy the designated officerOr dispose of an application for such

service


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Power to notify services, stipulated time limit, designated officer, etc. (S.3)

Every Govt Deptt / HOD / LSGI / Statutory Body shall notify in Gazette

Within six monthsThe services rendered by each of themDesignated officerFirst appellate authoritySecond appellate authorityStipulated time limit


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SERVICES UNDER THE ACTSERVICES UNDER THE ACTbirth and death

certificatesincome

electricity connection

post-mortemreport

Waterconnection

denomination of caste SERVICESSERVICES

releasing of vehicles

under custody.

Passport verification

Receipts for police complaints

ration cards

domicile

Police intervention in grievous crimes

FIR copy

Residence cert

Voters card

Land records


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Time limit

Providing of notified service – 30 days (S.5) Or reject the application with

sound reasons – 30 days Filing of First appeal by citizen – 30 days

from the date of receipt of rejection (S.6) disposal of First appeal by AA - 30 days Filing of second appeal to II AA – 60 days Disposal of 2nd appeal – 60 days Disposal either reject appeal with sound

reasons or direct DO to provide service


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Powers of 2nd AA S.6(6)

Where 2nd AA finds that there no sufficient reason for not giving service within the stipulated time limit, he may Direct to provide service Impose penalty under S.8


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DO does not comply direction of I AA

Where the DO does not comply with direction of I AA (u/s s6(2).Aggrieved person can file application to 2nd

AA2nd AA shall dispose of it as if it is II Appeal


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DO does not comply direction of II AA

Where the DO does not comply with direction of II AA (u/s s6(5).Aggrieved person can file application to 2nd

AA2nd AA shall dispose of it as if it is II Appeal


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Powers of Ist and II AAs S.7

Shall have the powers of a Civil CourtRequire production and inspection of

documentsIssue summons to DO and appellant


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Penalty (S.8)

II AA can impose fine on DOFor failure to provide service without

sufficient and reasonable causeMinimum Rs.500Maximum Rs.5000 in each case

Caused delay in providing serviceRs.250 per dayMaximum Rs.5000 in each case


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Penalty S.8(2)

II AA can impose fine one Ist AAFailed to decide the appeal within 30 days

without sufficient and reasonable causeMinimum Rs.500Maximum Rs.5000 per case


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Recommendation for Disciplinary action

Where DO or I AA failed to discharge the duties assigned to him under this Act II AA may recommend for disciplinary action

under the service rules applicable to them


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Peculiarities in the Act

Protection of action taken in good faith (S.9) Ist AA and II AA has the powers of Civil court

under CPC Bar of jurisdiction of civil courts (S.10) Penalty can be imposed on the DO or Ist AA

after giving reasonable opportunity of being heard (Proviso to S.8(1) and 8(2)

Principles of natural justice is ensured


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Who are the authorities under RTS Act?

Second Appellate Authority

First Appellate Authority

Designated Officer


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PROACTIVE APPROACH


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Service & Common Man

Proactive Disclosure

Before After


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Please come and enjoy!!!!!!


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Proactive Measures (S.3)

Every public authority must publish within 180 days from the enactment of the act (S.3)

Particulars of services that will be rendered by each Notify the designated officer Notify the first appellate authority Notify the second appellate authority Stipulated time limit

For providing services For filing and disposing petitions For filing and disposing Ist appeals For filing and disposing II appeals

Section 4(b)


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Ultimate goalUltimate goal

Pillar of democracy Lead to Good Governance Reduce corruption by way of

Transparency in the Administration Ensure peoples participation Social Audit Will increase employment opportunities -

Poverty alleviation, improvement in quality of life.

Curb fatalism and blind faith


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Role model Karnataka

A total of 151 services in 11 major government departments (Commercial Taxes, Education, Food and Civil Supplies, Health and Family Welfare, Home, Labour, Revenue , Transport and Rural Development and Panchayat Raj) are covered by Sakala.

The official website of Sakala: http://sakala.kar.nic.in provides a tracking application by which the status of an application is provided to citizens.[22] In case of any delay or default in delivering the requested service, the applicant can seek compensation at the rate of 20 per day of delay subject to a maximum of 500 from the officer concerned. The system updates the citizen on the progress of the service request through SMS to the mobile number specified in the application.

(M) 9400328063, ® 0471 2355670

Sreegeetham, Mankattukadavu, Thirumala Post,

Trivandrum 695006

rts gs 2012 full

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