right to service act kerala

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


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.


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.


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.


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.


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.


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.


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


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.


PEOPLE'S MAGNA CARTA

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


PREAMBLE

To Provide for the Delivery of Services

To the General Public

Within the Stipulated Time Limit


RIGHT TO SERVICE

1. An Eligible Person

2. Right to obtain Service

3. Within the time stipulated time limit

Sec. 2 (f)


1. ELIGIBLE PERSON

A Person

Eligible for Services

Services notified u/s.3

Sec. 2 (b)


2. RIGHT TO OBTAIN SERVICE

Every Eligible Person

Right to obtain Services notified u/s.3

Within the Stipulated Time Limit

Sec. 4


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


DESIGNATED OFFICER

An Officer

Designated u/s.3

For Providing the Services

Sec. 2 (a)

As per the Provisions of this Act


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


POWER TO NOTIFY

Every Dept. / LSGI / Statutory Body

Within 6 Months

Notify in the Gazatte

Sec. 3


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


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)



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)



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


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



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)



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)



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)


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



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)



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



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)


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



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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right to service act kerala

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