janhit gurantee act

Dr. Rahul SinghDeptt. of Administrative Reforms

Govt. of Uttar Pradesh

Definitions

“kkfLr

Penalty

Revision

SERVICESVide notification no. 2198/1-14-2010-33(100)-

2010 dated: 15th January,2011, Six services of Revenue Department, Four services of Urban Development, One service of Medical & Health and two services of Food & Civil supply departments are added.

Vide notification no. 1884/1-14-2011-33(100)-2010 dated: 19th September,2011, Four services of Transport Department are added.

Vide notification no. 375/91-2013 dated: 27th November,2013, ten services of all departments, four services of Power department, one service of Small Industries department, two services of labour department, four services of Excise department, nine services of Education Department, Eight services of Medical & Health department, Four services of Women Welfare department, one service of Registration department, three services of PWD, Six services of Weight & Measurement Department, Five services of Social Welfare Department, One service of Animal Husbandry Department, Eight services of Housing & Urban Planning Department, four services of Agricultural department, Five services of Technical Education, one service of Rural development, One service of Dairy Development, Five services of Horticulture, Four services of Medical Education, Two services of Forest, Two services of handloom & village industries, four services of Higher education, seven services of commercial tax, seven services of entertainment tax and fifteen services of Home department are added.

Thus till date total 140 services are covered under Janhit Guarantee Act, 2011.

Complaints Handling

RememberRemember

Without a good complaint Without a good complaint redressal system, Citizen’s redressal system, Citizen’s Charters have no effect. Charters have no effect. Departments should Departments should establish highly credible & establish highly credible & responsive complaints responsive complaints procedures and redressal procedures and redressal systems.systems.

Right attitude to ComplaintsRight attitude to Complaints

• • Listening sympathetically to people who have felt a Listening sympathetically to people who have felt a cause to complain;cause to complain;

• • Recognizing that complaints handling is an integral Recognizing that complaints handling is an integral part both of good service and customer care and not a part both of good service and customer care and not a nuisance;nuisance;

• • Understanding the benefits of good complaints Understanding the benefits of good complaints handling and consequences of poor complaints handling and consequences of poor complaints handling and welcome complaints as an opportunity;handling and welcome complaints as an opportunity;

• • Putting things right for the citizen and to learn the Putting things right for the citizen and to learn the lesson and improve service.lesson and improve service.

ComplaintsComplaints

i. i. Be easily accessible and well publicized;Be easily accessible and well publicized;

ii. Be simple to understand and use;ii. Be simple to understand and use;

iii. Be speedy, with established time limits for action and keeping iii. Be speedy, with established time limits for action and keeping people informed of progress;people informed of progress;

iv. Be fair, comprehensive and impartial in its investigation;iv. Be fair, comprehensive and impartial in its investigation;

v. Be confidential, to maintain the confidentiality of both the staff v. Be confidential, to maintain the confidentiality of both the staff and the complainant;and the complainant;

vi. Be informative, providing information to top management so vi. Be informative, providing information to top management so that services can be improved;that services can be improved;

vii. Set out clearly the volume of complaints, broken down by vii. Set out clearly the volume of complaints, broken down by different categories;different categories;

viii. Include an analysis of response time;viii. Include an analysis of response time;

ix. Inform the complainant of the proposed action.ix. Inform the complainant of the proposed action.

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Objectives……. Understand

The Purpose of the Grievance Procedure

How to Prevent a Grievance

Grievance Timelines

Benefits of Early Settlement

Steps in the Grievance Process

Preparing for a Grievance

Conducting the Grievance Meeting

Preparing the Grievance Response

“ can be any discontent or

dissatisfaction, whether expressed or

not, whether valid or not, and arising out

of anything connected with the company

that an employee thinks, believes, or

even feels as unfair, unjust, or

inequitable.”

A grievance……..”

Grievance vs Discipline

GRIEVANCEProvides the

employer with a process for resolving a complaint they are unable to resolve through regular communications with their superior/manager

DISCIPLINEGives employer a

process for handling an employee who is not meeting the expected standards of performance or behaviour.

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Purpose of the Grievance Procedure

Allow employees and management to

resolve problems

Allow employees to voice concerns

workplace and environment

Keep lines of communication open

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How to Prevent a Grievance

Identify potential causes Correct problems promptlyEncourage corrective suggestionsEstablish and reaffirm policies and work rulesCommunicate and give advance notice of

changes Keep employees informed of their progressBe objectiveLearn to listenBe consistent

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If you Receive an Employee Grievance

First and foremost…

Don’t panic!

Hold your temper!

Take charge!

Consider the possibility of early settlement…

Five Points to Prepare Grievances

Listen to the factsfrom the worker

Listen to the problem as presented by the worker and then ask questions to make sure you have the facts correct and understand the situation.


Test for a grievance

Check the problem with the contract to see if there is a violation involved. The problem may not involve the contract, but may have a solution elsewhere.

Five Points to Prepare GrievancesInvestigate

Before writing the grievance, double check the facts as thoroughly as you can with whatever records are available and other persons who may be involved.


Write the grievance

Our contracts call for written grievances. Write a simple statement and conclude with the specific remedy sought. Use the proper forms.


Present the grievance

Present the grievance to management in a firm, but polite, manner. Discuss the grievance, explaining the facts of the case without getting sidetracked.

The “5 W’s”WHO was involved? Names, employee number, jobs, department, etc.

WHY is it a grievance? Seniority bypass, pay shortage, unjust treatment, violation of past practices, safety hazards, etc.

When did it happen?Date, time – Show the date the grievance occurred, not when it is written.

Where did it happen?Station, department, section, base, etc.

What settlement is wanted?Enforce contract, be put on job, adjust seniority, retroactive pay, etc. – if the settlement is to be retroactive, this should be stated.

If the Grievance is Won/Lost…WONObtain the settlement in writing and keep it as your record. It may be useful in later cases.

LOSTAppeal without delay, and keep the grievant informed of the progress of the case.

GRM (Grievance Redress Mechanism)

Formats for GRM – it should contain the three processes of receipt, redress and prevention and should contain information in the following section.

1.Information on receipt Identify place, time and personnel for

receiving grievances Issuing the acknowledgement receiptParticulars of citizen/ client Particulars of the

grievances

S.no

Date

Name

Address

Contact no.

Ack receipt

Subject of grievance

office

Brief description

Date of ack

Date of redress


2. Communication to complainant Grievance number for tracking Expected time for redress If not disposed in expected time, action to be

taken by complainant Information on reason for delay Updated expected time of redress

Action taken for redress If complainant not satisfied with redress action,

further avenues.


3. Criteria for classification Charter related Policy related Personnel related Pensioners related Vigilance related

4. Time norm for redress based on grievance category

5. Level of responsibilityS.no Type

of grievance

Time line for redress at level 1

Level 2

Level 3

Level 4


6. Analysis and prevention Deptt must analyse what type of grievance they are

receiving and how to overcome that Format for analysis of grievance

S.no

Date of dscription of grievance

Grievance prone areas identified

Systematic cause identified

Action required to improve system

Planned date and authority responsible for taking action

Action taken date

Grievance Redress MechanismDesign and Implementation ProcessStep 1- Design of GRM

Task 1- prepare list of data items to be captured in the GRM Static or master data

information on the offices RCs and all subordinate office for which grievances are received

Dynamic or transaction data Complainant details Complainant description Any other information to be provided by the complainant

Task 2- Prepare the internal process flow chart for GRM through the organisational hierarchy of the Department uptill the final point. Process flow should be simple and fast.

Grievance Redress MechanismDesign and Implementation ProcessStep 2- Implementation of GRM

Task 1- Implement the process flow through existing system Each Department should designate public grievance officer

as per hierarchy Task 2- Training workshops on GRM Task 3- Initiate process for automation related

decisions decide on the level of automation- manual, semi automated

or fully automated Task 4- Launch the GRM

Enable service recipients to use it Phase wise launch

Task 5- Publicise the GRM Task 6- Periodic Review of GRM

Grievance Redress MechanismDesign and Implementation ProcessStep 3- Grievance Prevention

Task 1- Conduct systemic analysis Use complaint data to analyse root cause for

grievancesTask 2- identify grievance prone areas and

remedial actionsTask 3- take follow up action to address

grievance prone area Localised process improvements Apex level policy changes

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Conducting the Grievance MeetingDiscuss the matter rationally:

Review the grievance with the grievant and the representative.

Do not bargain with the grievant or the steward.

Be certain that you have all of the information you need before responding.

Do not respond to a demand for an “instant” answer. A possible exception is a matter of health and/or safety.

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Preparing the Grievance Response

Adhere to the timeline for your response.

Provide an answer that is concise and complete. Brevity is important. If you need help in providing an answer, obtain assistance from Employee / Industrial Relations officer/manager.

Obtain acknowledgement of receipt of your answer from the grievant/steward, including time and date.

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Preparing for Grievance Meeting with Employee / Industrial Relations

Employee / Industrial Relations will facilitate the process at this step. The process includes:

Schedule ‘prep’ meeting with the department and /or management before the date of grievance meeting.

Serve as hearing officer.Determine who should be involved in the

meeting, including identifying any witnesses. Determine what information must be captured

on record.Discuss the format of the grievance meeting.Provide written response.

Centralised Public Grievance Redress & Monitoring System (CPGRAMS)Introduction- DARPG has developed PG portal that

empowers the citizens to lodge their grievances/complaints online from anywhere anytime and also enable the Government Department to take action within a prescribed limit

Highlights Online lodging of grievances, reminder, view status and

action taken reports System generated unique complaint registration number Online receipt of grievances by Government departments Online forwarding of grievances to subordinate office Loading of manual grievances with facility of uploading

scanned document

Centralised Public Grievance Redress & Monitoring System (CPGRAMS)

Redress and monitoring process by PGO

Uploading of action taken / disposal reports concerning each grievance

Forwarding of reminders for the grievances lodged earlier

Query based reports and system generated correspondence letter.

Feedback of complainant regarding disposal of grievance.

PLEASE TAKE FEW MINUTES AND READ THE IMPORTANT FEATURES OF THE BILL HERE

RIGHT TO SERVICEEvery Individual Citizen Shall Have The Right To Time Bound Delivery Of Goods And Provision For Services And Redressal Of Grievances.

OBLIGATIONS ON PUBLIC AUTHORITYObligation Of Public Authority To Publish Citizens Charter Specifying The Category Of Goods Supplied And Services Rendered By It, The Time Within Which Such Goods Shall Be Supplied Or Services Be Rendered.

HEADS OF DEPARTMENTSThe Head Of Department In Each Public Authority Shall Be Responsible For Updating And Verifying The Citizens Charter,Every Year And The Accuracy Of The Contents Thereof.

HEADS OF DEPARTMENTSEvery Head Of Department Shall Ensure That All Material Be Informed Taking Into Consideration The Local Language And The Most Effective Method Of Communication In That Local Area Free Of Cost.

HEADS OF DEPARTMENTSEvery Head Of Department Shall To The Extent Possible, Ensure That The Citizens Charter Is Made Available At The Website Of The Public Authority And In Other Electronic Forms And Shall Be Available Free

INFORMATION & FACILITATION CENTREEvery Public Authority Shall Establish Information & Facilitation Centre For Efficient And Effective Delivery Of Services And Redressal Of Grievances, Which May Include Establishment Of Customer Care Centre, Call Centre, Help Desk, People’s Support Centre etc

GRIEVANCE REDRESS OFFICER

Appointment And ObligationsOf Grievance Redress Officers, Including For Each Municipality And Panchayat


The Grievance Redress Officer Shall Provide All Necessary Assistance To Citizens In Filing Complaints.


Redress Officer To Ensure That The Grievance Is Remedied In A Timeframe Not Exceeding 15 Days From The Date Of Receipt Of The Complaint


The Grievance Redress Officer Shall Ensure That The Complainant Is Informed In Writing The Manner In Which The Grievance Is Redressed And Shall Give Him A Report In The Form Of An Action Taken Report

NON REDRESSAL OF COMPLAINTS TO HEAD OF THE DEPARTMENTSAfter Expiry Of The Period Of 15days, Report Every Complaint Which Has Not Been Redressed Along Nature Of Complaint, And Reasons For Non Redressal Of Complaints To The Head Of The Department Of The Public Authority.

APPEAL TO HEAD OF DEPARTMENT

Appeal Can Be Made To Head Of Departments Of The Public Authority After The Period Of 15 Days Gets Over And The Non-redressal Of The Grievance

NON REDRESSAL OF GRIEVANCES TO BE DEEMED AS CORRUPT PRACTICES IN CERTAIN CASES IF PRIMA FACIE THE COMPLAINT IS INDICATIVE OF A CORRUPT ACT UNDER THE PREVENTION OF CORRUPTION ACT, 1988

ESTABLISHMENT OF THE CENTRAL PUBLIC GRIEVANCE REDRESSAL COMMISSIONAny Citizen Aggrieved By A Decision Of The State Public Grievance Redressal Commission, May Within 30 Days Appeal To The Central Public Grievance Commission

CENTRAL PUBLIC GRIEVANCE REDRESSAL COMMISSIONThe Central Public Grievance Redressal Commission Shall Have Original Jurisdiction To Adjudicate Upon Every Application Made To It

CENTRAL PUBLIC GRIEVANCE REDRESSAL COMMISSIONProceedingsBefore Central Commission To Be Judicial Proceedings Under Indian Penal Code (IPC)

CENTRAL PUBLIC GRIEVANCE REDRESSAL COMMISSIONEvery Order Made By The Central Public Grievance Redressal Commission Must Be Enforced By The State Public Grievance Redressal Commission

CENTRAL PUBLIC GRIEVANCE REDRESSAL COMMISSIONProceedingsBefore Central Commission To Be Judicial Proceedings Under Indian Penal Code (IPC)

PENALTY FOR MALAFIDE ACTION

A Lump-sum PenaltyAgainst Designated Officials Responsible For Delivery Of Service Or Grievance Redress Officers For TheirMalafide Action At The Rate Specified FromTime To Time


Disciplinary Proceedings Against Such Officer Of The Public Authority, Who If Proved To BeGuilty Of A Malafide Action In Respect Of Any Provision Of This Act


Judicial Proceedings Against Such Officer Of The Public Authority, Who If Proved To BeGuilty Of A Malafide Action In Respect Of Any Provision Of This Act

THANK YOU

janhit gurantee act

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