right to service act kerala
TRANSCRIPT
R I G H T TO S E R V I C E
India under British Rule It was a Police State.
Generated Revenue for Maintenance of Law and Order,Execution of Law, Foreign Affairs.
People kept distance from the Govt.
P.A.Shanavas Khan 9847746218
P.A.Shanavas Khan 9847746218
FREE INDIA Indian Constitution secures all its
citizens : Justice, Equality, Liberty and Fraternity.
Role changed from Police State to Welfare State
State’s important activity – Welfare of the People
Public in large depends Public Sectors for better service.
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PUBLIC SERVICE Service provided by the Govt. to People living
within its jurisdiction. In Democratic Nation – Certain services should
be available to all, regardless of INCOME. Citizen focused service delivery–Basic Principle Delivery of Service – expectations of the
Citizen. 3 Essential aspects of Good Governance :
Transparency, Accountability and Responsiveness of the administration.
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FROM CHARTER TO GUARANTEE
24.05.1997 Conference of CMs of various State and UT.
“Action Plan for Effective and Responsive Govt.” at the Centre and State levels.
Citizens Charter or Promises. Right to Services – Services Guaranteed.
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IMPACT & OUTCOME OF RTS
Right to Service Acts attempt to regulate performance.
Shift from ‘Governing for Regulation’ to ‘Governing for Results’.
Accountability shortfalls are being identified and dealt with.
From Just Output to Actual Outcomes.
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RTS REGIME IN INDIA
Right to Service regime started in India around 2005-06 .
Maharashtra passed ‘Prevention of Delay in Discharge of Official Duty Act 2005’.
Madhya Pradesh enacted Right to Service Act on 18 August, 2010
Recently ‘Haryana Right to Service Act 2014’.
Almost 20 States have made rules.
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RIGHT TO SERVICE - AIM
To reduce corruption among the government officials.
To increase transparency and public accountability.
Time bound delivery of services to citizen.
Provides mechanism for punishing the errant Public servant.
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An act implemented by the people and acted upon by the government
Government service is not charity. It is the right of each and every citizen
Kerala state
right to service act
2012
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KERALA STATE RIGHT TO SERVICE ACT 2012
Assent of the Governor - 4 August 2012.
Gazette Publication - 6 August 2012.Act Contains 12 Sections.
3 Levels of Redressal.
Ensures Delivery of Services.
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PEOPLE'S MAGNA CARTA
Right to Service Act – People's Magna Carta Kerala CM : Oommen Chandy
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PREAMBLE
To Provide for the Delivery of Services
To the General Public
Within the Stipulated Time Limit
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RIGHT TO SERVICE
1. An Eligible Person
2. Right to obtain Service
3. Within the time stipulated time limit
Sec. 2 (f)
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1. ELIGIBLE PERSON
A Person
Eligible for Services
Services notified u/s.3
Sec. 2 (b)
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2. RIGHT TO OBTAIN SERVICE
Every Eligible Person
Right to obtain Services notified u/s.3
Within the Stipulated Time Limit
Sec. 4
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3. STIPULATED TIME LIMIT
Maximum Time Limit
Notified u/s.3
To provide Service or to dispose an Appli.
Sec. 2 (i)
By the Designated Officer
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DESIGNATED OFFICER
An Officer
Designated u/s.3
For Providing the Services
Sec. 2 (a)
As per the Provisions of this Act
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SERVICE
Any service to be provided
Under the provisions of any Law or G.O
To General Public
Sec. 2 (g)
By any Dept. / LSGI / Public Sector Undertaking / Statutory
BodyAs notified u/s.3
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POWER TO NOTIFY
Every Dept. / LSGI / Statutory Body
Within 6 Months
Notify in the Gazatte
Sec. 3
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POWER TO NOTIFY1. Services which will be
rendered
2. The Designated Officers
3. The First Appellate Authority
Sec. 3
4. The Second Appellate Authority
5. The stipulated time limit
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DUTIES OF THE DESIGNATED OFFICER
1. Receive the Application
2. Authorize Subordinate Officer for receiving application (Rule 3)
Sec. 5
4. Authorized Officer can acknowledge the receipt of the Application (Rule 3)
3. Acknowledge the receipt of the Application – Form 1 (Rule 4)
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DUTIES OF THE DESIGNATED OFFICER
5. Provide Service or Reject within the Time Limit
6. In case of Rejection, Reason in writing
7. Stipulated time start from the date of receipt
Sec. 5
8. Documents not attached – mention in Acknowledgement. (Rule 4)
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DUTIES OF THE DESIGNATED OFFICER
9. Public Holiday will be excluded from the Stipulated Time Limit (Rule 5)
10. Display of Information on the Notice Board (Rule 6)
11. Maintenance of Register in Form IV (Rule 12)
Sec. 5
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APPEAL – FIRST APPELLATE AUTHORITY
1. An Aggrieved Person
2. Either on rejection or on expiring of Stipulated Time Limit
Sec. 6
4. Delayed Appeal can be admitted if the FAA is satisfied
3. File an Appeal within 30 Days from the date of above
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APPEAL – FIRST APPELLATE AUTHORITY
5. Appeal in Form II or in any other format (Rule 9)
6. Documents to be enclosed with the appeal (Rule 10)
Sec. 6
7. Exemption in payment of Appeal Fee (Rule 8)
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APPEAL – FIRST APPELLATE AUTHORITY
8. FAA – Dispose appeal within a period equivalent to that of stipulated time limit
9. FAA – Direct the DO to provide the service
Sec. 6
10. FAA – Reject the Appeal 11. FAA – Powers of the Civil Court.
(Sec.7)
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APPEAL – FIRST APPELLATE AUTHORITY
12. FAA – Appeal Order in writing (Rule 11)
13. FAA – Copy of the Order to the Appellant & D.O (r.11)
Sec. 6
14. FAA – Maintenance of Register in Form IV (Rule 12)
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APPEAL – SECOND APPELLATE AUTHORITY
1. An Aggrieved Person – decision of FAA
2. Either on rejection or non comply of FAA order
Sec. 6
4. Delayed Appeal can be admitted if the SAA is satisfied
3. File 2nd Appeal within 60 Days from the date of the above
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APPEAL – SECOND APPELLATE AUTHORITY
5. 2nd Appeal in Form III or in any other format (Rule 9)
6. Documents to be enclosed with the appeal (Rule 10)
Sec. 6
7. Exemption in payment of Appeal Fee (Rule 8)
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APPEAL – SECOND APPELLATE AUTHORITY
8. SAA – Dispose appeal within a period equivalent to that of stipulated time limit
9. SAA – Direct the DO to provide the service
Sec. 6
10. SAA – Reject the Appeal
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APPEAL – SECOND APPELLATE AUTHORITY
11. SAA – Finds no sufficient reason for not giving service
12. SAA – Non compliance of SAA order
Sec. 6
13. SAA – Powers of Civil Court. (Sec.7)
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PENALTY – SECOND APPELLATE AUTHORITY
14. Not giving service – Fine Rs.500 to Rs.5000
15. Delay in providing service – Rs.250/day – Rs.5000
Sec. 8
16. FAA failed to decide within the time limit – Rs.500 to Rs.5000
17. Disciplinary Action against D.O & F.A.A
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APPEAL – SECOND APPELLATE AUTHORITY
18. SAA – Appeal Order in writing (Rule 11)
20. SAA – Copy of the Order to the Appellant, D.O & FAA (r.11)
Sec. 6
22. FAA – Maintenance of Register in Form IV (Rule 12)
21. SAA – Imposition of Fine / Recommendation of Disciplinary Action (Rule 11)
19. SAA – Amendment in the order of the FAA (r.11)
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