Right to Service Laws in India

Right to Service regime in India

• Right to Service regime started in India around 2005-06 with first Maharashtra passing Prevention of Delay in Discharge of Official Duty Act 2005.

• Since year 2010 after passing Madhya Pradesh Right to Service Act the regime picked up some speed…..

• Madhya Pradesh Act was followed by many other states…

• Now after passing recent Haryana Right to Service Act 2014 almost 20 states have such Laws..

• Some of the states have made rules…..

• Punjab & Haryana have provided for constitution of State Right to Service Commission on the pattern of State Information Commission.

[email protected] - 04th Nov 2014

Impact & Outcome• Right to Service Acts attempt to regulate

performance……• This is a shift from ‘governing for regulation’ to

‘governing for results’…..• Accountability shortfalls are being indentified and

dealt with for streamlining delivery of services and• These laws will effectively check deficit of

implementation of various welfare laws and welfareschemes…..

• There have been some studies done to evaluate theimpact and outcome of RTS Acts of M.P & Bihar….

• However, now research studies for evaluatingoutcome of these Acts are required to be done for all20 states…


Paradigm Shift from Charter to Guarantee

• Following 20 state Right to Service Laws have potential to bring about revolutionary Shift of Governance

– 1. From Citizens Charter or Promises

– to Right to Services and Services Guarantee

– 2. From Regulation to Results

and ultimately

– 3. From just output toActual outcomes


List of Right to Service Acts in IndiaSr.No. Name of the Act Date of

commencement

1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005

2nd July 2006

2. Madhya Pradesh Lok Sewaon Ke Pradan Ki Guarantee Adhiniyam 2010

18th August 2010

3. Uttar Pradesh Janhit Guarantee Adhiniyam 2011 13th January 2011

4. The Jammu & Kashmir Public Services Guarantee Act 2011.

13th April 2011

5. The Delhi (Right to Citizen to Time Bound Delivery of Services) Act, 2011.

28th April 2011

6. The Bihar Right to Public Services Act, 2011 15th August 2011

7. The Rajasthan Guaranteed Delivery of Public Services Act, 2011

21st September 2011

8. The Uttarakhand Right to Service Act, 2011 4th October 2011


List of Right to Service Acts in IndiaSr.No. Name of the Act Date of

commencement

9. The Himachal Pradesh Public Services Guarantee Act, 2011

17th October 2011

10. The Pujab Right to Service Act, 2011 20th October 2011

11. The Jharkhand Right to Service Act, 2011 15th November 2011

12. The Chattisgarh Lok Seva Guarantee Act 2011 12th December 2011

13. The Assam Right to Public Services Act, 2011 29th March 2012

14. The Karnataka (Right of Citizens to Time Bound

Delivery of Services ) Bill 2011

02nd April 2012

15. The Kerala Right to Service Bill 2012 27th July 2012


List of Right to Service Acts in IndiaSr.No.

Name of the Act Date of commencement/ notification

16. The Odisha Right to Public Services Act, 2012 01st November 2012

17. The Gujarat (Right of Citizens to Public Services) Bill 2013

01st April 2013

18. The Goa (Right of Citizens to Time Bound Delivery of Services) Bill,2013.

02nd May 2013

19. The West Bengal Right to Public Services Act, 2013 27th September 2013

20. Haryana Right to Service Act, 2014 26th March 2014

Govt of India- The ‘Model Public Services Law’ One of the items included in the

President’s Address to Parliament

on the 4th June, 2009

Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill, 2011

This bill was

introduced in

Loksabha –yet to be

passed


1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005

• Only Chapter –III deals with Prevention of Delay applicable to all employees including all India services officers working for state government……

• Rest of the chapters deal with Government Servants Regulation of Transfers

• Section-8 –mandates publication of Citizens charter by each office of each Govt department.

• Section 9 –mandates declaration of only three levels of submission in each office

• It also mandates publishing of lists of subordinate officers who have been delegated powers …….


1-1. Maharashtra Prevention of Delay in Discharge of Official Duties Act, 2005

• Only Chapter –III deals with Prevention of Delay

• Section 10 – provides for penalty by way of disciplinary action against officers/employees responsible for delay in providing government duty….

• Word ‘service delivery’ not expressly used…instead ‘discharge of official duty or work assigned ’ is used………but citizen charter contains almost all services, schemes and benefits for citizens

• No provision regarding fine, penalty or compensation is not made.

• Rules published in 2013

• Public perception ----Outcome is not visible


2. Madhya Pradesh Lok Sewon Ke Pradan Ki Guarantee Adhiniyam 2010

• Madhya Pradesh Act• Sec. 3- Notification of Services /Time Limit to provide Services /

Designated Officers/ Appellate Officers• Sec. 4- Right to get Notified Service in Stipulated Time• Sec. 5- To provide Notified Service in Stipulated Time• Sec. 6(1)- First Appeal within 30 Days• Sec. 6(3)- Second Appeal within 60 Days• Sec. 6(6)- Powers of Civil Court (CPC 1908) • Sec. 7- Penalty – 1.Lumpsum Rs. 500 to 5000 for failure to provide

Service• 2.Rs.250 per Day upto Rs.5000 for Delay period• Sec. 8 - Review to Government within 60 Days• Rules 2010• 1. No Court Fee for Appeal / Review • 2. Recovery of Penalty – From Salary – Head 0070(60)(800)


3. Bihar Right to Public Service Act, 2011• Bihar Act

• Sec. 3, 4, 5----Same as MP

• Sec. 6(1)---Appellate Authority – 1st Appeal – 30 Days

• Sec. 6(3)---Reviewing Authority – 2nd Appeal – 60 Days

• Sec. 7---Penalty – Not Specified (As per Rules) (Rule 8 –Rs. 500 to 5,000)

• Sec. 8-----Misconduct – Discipliner Action

• Rules – 2011

• Rule 8

• Rule 18

• Penalty- Rs. 500 to 5000 (As per MP)

• Direction & Training

•[email protected] - 04th Nov 2014

4.The Delhi (Right to Citizen to Time Bound Delivery ofServices) Act 2011

• Delhi Act ---2011• Sec. 2--‘Citizen Related Services’ – included in Schedule • Sec. 5--Citizen empowered to Monitor Status of application online• Sec. 6--e-governance of Services• Sec. 7--Penalty – Rs. 10 per day upto Rs. 200 per application• Sec. 8--Payment of Compensatory Cost to citizen• Sec. 10--Fixing of Liability on Govt. servant- comp, Act• Sec. 11--Appeal – within 30 Days-Appellate authority not below Jt.

Secretary • Sec. 12--Developing culture to deliver Services in fixed review • Default – not to count as misconduct • Habitual Defaulter – D.E. (A.A.) ( > 25 Defaults in a year)• (3) Incentive – Rs. 5,000 to those – No Default in a year – encourage

and enhance efficiency • Sec. 13--Demand Service Condition• 33--e-SLA Services – Proposed of Diff Depts.• 14--Service Already integrate will [email protected] - 04th Nov 2014

5. The Punjab Right to Service Act 2011• Sec. 9(1)(a)--Penalty – 500 to 5000 – Power with

second appellate authority • Sec. 10--Revision to Commission, Within 60 days• Sec. 11--Display of Services & time limit on

website of Dept.• Sec. 12 –State Commission for Right to Service• Sec. 13--Commissioners of Commission – 1 chief

+ 4 commissioners • Sec. 17--Powers and factions of commission• First appeal – Sec 6 (4) – Disposal within 30

Days• Second Appeal – Sec 7 (2) - Disposed within 60



6 -The Rajasthan Guaranteed Delivery of Public Services Act, 2011

• Sec. 7--Display of Info. Related to Services on Notice Board

• (Form 2)

• Similar provisions as in Bihar Act.

• 108 Services of Diff Depts. Are Notified

• (Service / Time Limit / Desi. Officer/ 1St A.A./ 2nd

A.A.)

• Disposal of 1st Appeal within 21 Days. (Noti-20/10/2011)

• Implementation Guidelines Issued - पूर्वतयारी)[email protected] - 04th Nov 2014

7. The Gujarat (Right of Citizen to Public Services) Act 2013

• Sec. 2(C)---‘Days’- mean working days.• Sec. 5---Designated officer• Sec. 6(1)---Appointment of Grievance Redressed

officers (GRO like PIO)• Sec. 10--Appeal –in 30 days• Sec. 11---State Appellate Authority – 3 members • Sec. 22---Corrupt Act- ----------------------------• Sec. 23(1)---Rs. 1,000 to 10,000 (Desi Off./GRO)• Sec. 23(2)---Compensation to appellant • Sec. 23(3)--Disciplinary Action (D.A.)• Sec. 26--Enforcement of order of State Appellate

Authority as decree or order of a cost.• Sec. 29--Power to make Rules (Elaborated)


8. The Himachal Pradesh Public Services Guarantee Act 2011

• Sec. 6--First Appeal – within 30 Days

• Disposal-- within 30 Days (Max – 45 Days)

• Sec. 7--Second Appeal – within 60 Days

• Disposal – Time Limit not mentioned

• Sec. 8(1)--Penalty – 500 to 5,000 Rs. (Second A. A.)

• Sec. 8(2)--Compensation - not more than penalty.

• B. Rules

• Rule 4--Display of Info on Notice Board & website

• Rule 9--Deposit of penalty amounts / Head


9.The Kerala Right to Service Act 2012• Sec. 6---Appeal• Sec. 6(1)--First Appeal – within 30 Days – with

Prescribed Fee• Disposal – Stipulated Time• Sec. 6(4)--Second Appeal – within 60 days with

prescribed Fee• Disposal – Stipulated Time• Sec. 8--Penalty – 500 to 5000 Rs.• (1) Fine on Designated officers – Rs. 250 per day • (Limit 5000 Rs.)• (2) Fine on first A. A. – 500 to 5000 Rs.• (3) Disciplinary Action


10. The Karnataka (Right of Citizens to Time Bound Delivery of Services ) Act 2011

• Sec. 6---Monitoring status of the application online• Sec. 9--Liability to pay Compensatory cost of Designated officer Rs. 25 per

day per application max up to Rs. 500• Sec. 10 --Competent officer – Group ‘A’ / powers of DDO• To Pay compensation cost to citizen • Sec. 11--Fixing of Liability • Within 15 days of payment of compensatory cost.• Preliminary Enquiry before fixation of Liability. • Sec. 12--Right of appeal by the public servant – to A. A. within 30 days• Sec. 13 1st Appeal by Citizen to Competent Authority with 30 days• 2nd Appeal – to Appellate Authority within 60 Days • Sec. 14---Developing Culture to deliver Services within fixed period.• Sec. 15---Deemed Service Condition • Schedule (Sec. 2 (h))• List of Services, Designate Officer, Stipulated Time, competent Officer,

Time Limit for Disposal of First Appeal, Appellate Authority + Time limit for Disposal of Second Appeal


11. Chhattisgarh Lok Seva Guarantee Act, 2011

• Schedule Sec. 2 (h))• Sec. 4--Penalty – Rs. 100 per day for a period of delay. Maximum up to 1,000 Rs.• Sec. 5--Competent officer • Sec. 7--Right to Appeal• Appeal against order of Competent Officer within 30 days to Appellate Authority.

Disposal of appeal within 45 days.• B. Rules• Rule (3)--Authorization of Designate of Officer for delivering Lok Seva.• Rule (6) - Declaration of Competent Officer (Not Below the Rank of Designated Officer)• - enquiring the default or delay power to impose cost on Designated Officer.• Rule (7) - Appellate Officer• Not below the rank of Competent Officer• Rule (8)--No fees for appeal.• Rule (13)• In case of dismissal or rejection of appeal the designate officer him to pay cost amount

within 7 days.• Rule (14)--Method for the payment of cost.• (1) Designated officer to pay • (2) DDO to Recover from salary Binding on DDU• Rule (15)--Stipulated Time – Working Days.


12. The Jammu and Kashmir Public Services Guarantee Act 2011

• Sec. 3--Right to Public Service• Sec. 3(1) + 3(2)--Elaborative• Sec. 6 --First appeal to first A.A. within 30 days --Disposal within 45 days• Sec. 7--Second appeal to second A.A. within 60 days--Disposal within 45 days• Sec. 10 --Penalty for noncompliance of orders of A.A. aggrieved person to file

application before second A.A.• Fine imposed is Rs. 500 to 5,000• Sec. 11• Penalty for not providing service• i) Rs. 250 per day of delay up to Rs. 5,000 • ii) Rs. 2000 in case of deficiency in service• Sec. 12--Penalty for not deciding the appeal within specified time by F. A.A. --Rs.

500 to 5,000• Sec. 13---Compensation up to limit of fine imposed.• Sec. 14--Disciplinary Action• Second A.A. may recommend Disciplinary Action against Designated officer or

first A.A.


13. The Uttarkhand Right to Service Act 2011

• Sec. 6---First appeal with first A.A. within 30 days---Disposal within 30 days

• Sec. 7---Second appeal – with second A.A. within 30 days--Disposal within 60 days

• Sec. 9---Penalty – power with second A.A.

• (1) a. Rs. 500 to 5,000 – failed to provide service

• b. Rs. 250 per day for delay period up to Rs. 5000

• (2) Compensation to appellant up to amount of penalty

• (3) Recommend Disciplinary action against defaulters.

• Sec. 10---Revision with Commission within 60 days

• Sec. 12---Constitution of Commission

• Sec. 13---Composition of Commission ---One Chief Commissioner and 2 Commissioner

• Sec. 17---Power and functions of commission

• Commission as in RTI Act

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14. The Uttar Pradesh Janhit Guarantee Adhyadesh-

2011• Sec. 6—Appeal First appeal with first appeal officer

within 30 days.

• Second appeal with Second A. A. within 60 days.

• Sec. 7--Penalty – Power with Second A.A.

• (1) A. Rs. 500 to 5000 - Failure

• B. Rs. 250 per day of Delay period up to 5000

• (2) penalty on first A.A.--Rs. 500 to 5000

• (3) Compensation to appellant

• (4) Recommend Disciplinary Action

• Sec. 8--Revision with state Govt. Nominated Officer

• Designated officer or F. A.O. against order of Second A.A. within 60 days.


15. The West Bengal Right to Public Services Act, 2013

• Sec. 6(1)---First appeal with appellate officer within 30 days• No time limit for disposal• Sec. 6(3)Second appeal with Reviewing officer within 60 days• No time limit for disposal• Sec. 7 -1(a) (b) (2) (3)• Penalty – power with Reviewing officer• On Designated Officer - Rs. 250 to 1000 – failed to provide service• On Designated Officer -Rs. 250 per day up to Rs.1000 –Delay in service• Penalty on Appellate Officer - Rs. 250 to 1000• - Recommend Disciplinary Action against Designated officer and first appellate officer• Sec. 8 - Revision with state Govt. nominated officer within 60 Days• Not below the rank of Jt. Secretary• Sec. 9• ( 1) Monitoring of application by Citizen online• (3) Encouraging and enhancing efficiency of Government employees – To

recommend cash incentive. • Sec. 12 --Constitution of Commission



16-1. The Goa (Right to Citizens To Bound Delivery of Public Services) Bill, 2013

• Sec. 3--Elaborative as J & K• Sec. 6 - Appeal of Appellate Authority (A.A.)• - Civil court powers- CPC 1908• - Levy Fine / Compensation against Designated officer up to Rs.

5000• - Direct Designated officer to pay compensation not exceeding Rs.

3,500 to eligible person.• Sec. 8--Display of Public Services• Sec. 9--Monitoring the status of application by eligible person online.• Sec. 10--e- governance of services• Sec. 11---Penalty for non compliance of orders of A.A.- Rs. 1000 to 5000

on Designated officer.• Sec. 12--Penalty for not providing public service• ( i) Rs. 50 per day up to 2500 in case of failure to provide service • (ii) Rs. 50 per day up to 2500 in case of delay• (iii) Rs. 500 in case of Deficiency in service • Sec. 13 penalty for not deciding the appeal within time Govt. can fine Rs.

1000 to 5000 on [email protected] - 04th Nov 2014

16-2. The Goa (Right to Citizens To Bound Delivery of Public Services) Bill, 2013

• Sec. 14--Compensation

• Sec. 15--Disciplinary Action

• Sec. 17--Disposal of files

• Preferable on same day or in time bound period. (Schedule)

• Sec. 18--Punishment on non disposal of official business

• Rs. 500 per day up to Rs. 5000 of delay in addition to disciplinary proceedings.

• Chief Secretary of State Govt is empowered

• Sec. 21--Administration of Govt. Property

• Criminal offence with fine--Not less than Rs. 10000 up to Rs. Ten Lakh and imprisonment may extend to Three years.

• Sec. 22--Cognizance and Trial of offences.

• (1) Any noncompliance of provision of the Act, fine of Rs. 10,000 (where no separable offence and penalty is provided)

• (2) Trial by Principle Session Judge.

• (3) All offences cognizable and Bailable except

• u/s 22- which is cognizable and non-bailable

• Sec. 23--Duty of Authority to protect Every authority concerned

• (a) Public transport, private transport including by road, water, air

• (b) Hospitals / Dispensary

• (c) School / Colleges / Educational Institutes

• (d) Municipal Markets / Shopping Compliances

• Shall be duty bound to prevent any kind of harassment, eve-teasing etc. and to protect widow, woman, child, PHP, Senior Citizens.

•


17-1. The Assam Right to Public Services Act 2012

• A. As per RTI Act

• Sec. 8- Appeal

• (1) First appeal to A.A. within 30 days

• (Disposal upto 60 days)

• (2) Second appeal with Reviewing Authority within 30 days

• (Disposal upto 60 days)


17-2 The Assam Right to Public Services Act 2012


• Sec. 9-- Penalty

• (1)(a) Lump sum penalty on Designated officer for failure to provide notified service as prescribed in the rules.

• (b) Penalty for Delay on designated officer - as prescribed in the rules

• (2) Penalty on A.A. by Reviewing Authority as prescribed in the rules.

• Sec. 10--Non Compliance amounting to misconduct.


17-3 .The Assam Right to Public Services Act 2012


• B. Rules.

• Rule 4-- Public Holidays not counted for stipulated time

• Rule 6 --Penalty

• Rs. 200 to 2000 for sec 9(1)(a)

• Rs. 50 per day up to Rs. 2000 for sec 9(1)(b)

• Rs. 200 to 2000 on A.A. and staff for sec 9(2)

• Rule 7--No fee for first and second appeal

• Rule 14--Recovery of penalty by D.D.O

• Rule 16--Publication and Dissemination of guidelines

••

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18. The Jharkhand Right to Service Act 2011

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


19-1. The Odisha Right to Public Services Act 2012

• A. Act• Sec. 5(1) Appeal – within 30 days with authority notified by Govt.• Sec. 6--Disposal within 30 days• Revision within 30 days extended upto 60 days with authority notified by

Govt.• Sec. 8---Penalty – power with Revisional Authority • Sec. 8(1)(a) Rs. 500 to 5000 – failure to provide service• Sec. 8(1)(b) Rs. 250 per day of delay• Sec. 8(2) Penalty on A.A. – Rs. 500 to 5000• Sec. 9 Noncompliance amounting to Misconduct • Disciplinary Action • Sec. 13--Display in the Public domain – the services and given time limit•


19-2--The Odisha Right to Public Services Act 2012

• B. Rules• Rule 8--Penalty to be recovered from salary etc. – Head• Rule 9--No fee appeal or revision • Rule 18---Dissemination with training• Rule 21---Awards- Reward to officers for no default in a

year.• Cash incentive up to Rs. 5000 with Certificate of

appreciation.• Form 1--Form of Acknowledgement • Form 2--Form of Notice Board• Form 3, 4, 5 Registers at different levels.


Odisha Hoarding


Odisha Sunboards


20-1--Haryana Right to Services Act 2014

• Section 2- ‘Service’& ‘Right to Service’ defined

• Section 3 – Provides for designation of :

• Designated Officers

• First Grievance Redressal Authority,

• Second Grievance Redressal Authority

• State Right to Service Commission

• First & Second Grievance Redressal Authority have been vested with powers of Civil Court for purposes of inquiry, compelling attendance and production of evidence



• Second Grievance Redressal Authorityempowered

– to impose penalty…for proved delay Rs. 250per day …not exceeding Rs.5000 in eachcase..

– to award compensation to appellant up toRs. 1000 .

– to initiate disciplinary action againstemployees failing to discharge duties inprescribed time limit……..



• State RTS Commission has powers to– Entertain and depose off Revision applications

– To carry out inspections of offices entrusted withdelivery of services & office of First & SecondGrivance Redressal Authorities…..

– Take suo moto action against failure to dischargeduty within prescribed time limit.. Can imposepenalty…..

– Recommend departmental action

– Recommend changes in procedures adopted

– Review decisions, give instructions and addservices etc.


21. The ‘Model Public Services Law

• The ‘Model Public Services Law’ was one of

the items included in the President’s Address

to Parliament on the 4th June, 2009.

• THE PUBLIC SERVICES (PROTECTION AND REGULATION) BILL, 2009 was prepared and discussed .


22. The Right of Citizens for Time Bound Delivery of

Goods and Services and Redressal of their

Grievances Bill, 2011

• On Dec 20, 2011 this bill was introduced in Loksabha.

• On Jan 13, 2012 this bill was referred to Standing Committee

• On Aug 28, 2012 the Standing Committee Report was submitted.

• This Bill is yet to be passed……..• This bill provides for citizen charter, time bound

delivery of services and accountability for redressal of grievances.


Thanks


Right to Service Laws in India

Law

list of right

bihar right

odisha right

service acts

delhi right

kerala right

assam right

uttarakhand right