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THE RIGHT TO SERVICE ACT (R.T.S)

THE RIGHT TO SERVICE ACT (R.T.S). HISTORY : RTS. Citizen’s Charters (C.C.)- first formulated- U.K. 1991 Prime Minister - John Major Focus : public services towards the needs and expectations of end-users. The program modified in 1998 as “Services First ”. OPERATING PRINCIPLES OF C.C.

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THE RIGHT TO SERVICE ACT (R.T.S)

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  1. THE RIGHT TO SERVICE ACT(R.T.S)

  2. HISTORY : RTS • Citizen’s Charters (C.C.)- first formulated- U.K. 1991 • Prime Minister - John Major • Focus : public services towards the needs and expectations of end-users. • The program modified in 1998 as “Services First”

  3. OPERATING PRINCIPLES OF C.C. • Set standards of Service • Be open and transparent • Consult and involve end-users • Encourage access and the promotion of choice • Treat all fairly • Put things right when they go wrong • Use resources effectively • Innovate and improve • Work with other providers

  4. C.C. IN OTHER COUNTRIES • Australia (Service Charter, 1997) • Belgium (Public Service Users’ Charter,1992) • Canada (Service Standards Initiative,1995) • France (Service Charter,1992) • Jamaica (Citizens’ charter, 1994) • Malaysia (Client Charter, 1993) • Portugal(The Quality Charter in Public Services,1993) • Spain (The Quality Observatory,1992).

  5. Citizen’s Charters in India • First in India in 1994 - Charter for Health Service Providers by Consumer Rights activists - in Central Consumer Protection Council meeting, Delhi. • 1996: the Prime Minister - the Citizen’s Charters program on national level.

  6. Citizen’s Charters in India contd • May 1997 - Conference of Chief Ministers- adopted “Action Plan for Effective and Responsive Government at the Centre and the State Levels” • Formulated Charters among ministries, departments and agencies with public interaction.

  7. Expected Components in ChartersBased on the UK model by DARPG • Vision and mission statements • Details of business transacted by the organization • Details of clients • Details of services provided • Details of grievance redress mechanisms & accessibility • Expectations from clients

  8. Citizen’s Charters in India: Current Status • DARPG website : charters drafted by various government agencies • Central Government: 118 • State Government & Union Territories : 711

  9. Components of Citizen’s Charters in Karnataka by The Public Affairs Centre (PAC) • Basic information about the department • Standards of services • Grievance redress system • Citizen-friendly criteria

  10. CITIZEN CHARTER IN KERALA • Panchayati Raj Act • Muncipalities Act, Sec.563 –A • Ombudusman for L.G.I • Official website & publication of C.C.

  11. RIGHT TO SERVICE ACTS IN INDIA • 1st implemented - Madyapradesh, 2010 Aug – 26 depts • Punjab : Oct,20th , 2011 • Bihar: August 15 • Uttarakhand, October 4, 2011 • Delhi, April 28, 2011 • Himachal Pradesh:October,17, 2011 • Jharkhand:Nov.15, 2011 • Rajasthan, Sept. 21, 2011 • U.P : January 11, 2011 • Chattisgarh : Dec.12,2011 • J&K : April, 2011 • Karnataka : April 2, 2012 • Kerala: 2012, July 30th Passed

  12. Central RTS Act • The Citizens Right to Grievences Redressal Bill, 2011. presented in LokSabha

  13. The Kerala State Right to Service Act, 2012

  14. Government’s one hundred days’ Programme • to enact a legislation to create a system in which • the general public can make the Government servants answerable to their functions, duties, commitments and obligations. • to make them aware of the rights, obligations and entitlements.

  15. Statement of Object & Reasons Good governance essential for sustainable development, both economic and social arena of public life. • Three essential elements of good governance • Transparency, • Accountability and • responsiveness of the administration.

  16. Object & Reasons • To provide for -The effective and time bound redressal of grievances of citizens and - For time bound delivery of services to the general public and - For the liability of the defaulted Govt. Servants.

  17. Service 2(g) • Service to be provided by any law or Government orders • to the general public • - by any Department or - Local Self Government Institution or - State Public Sector Undertaking or -Notified Statutory Body

  18. Notification of Services, stipulated time limit & designated officer (Sec. 3) • All Govt. Department, Head of Department, Local Self Government Institution and Statutory body shall • within six months of the Act, • Notify - Services that will be rendered with - stipulated time limit - Designated officers, -1st & 2nd Appellate Authority

  19. Right to obtain services (Sec.4) • Every eligible person have the right to • notified services within the stipulated time limit.

  20. Officers under the Act • Designated officer: Officer designated to provide the services. 2(a) • First Appellate Authority :officer notified 2(c) • Second Appellate Authority: 2(h)

  21. Duty of the Designated Officer (Sec.5) • On receipt of an application - within the stipulated time limit • provide the service or • reject the application. • On rejection - state the reasons in writing and intimate it to the applicant. • Application to be duly acknowledged - by D.O. or authorised officer

  22. 1st Appeal (Sec.6) • On non receipt or rejection - Appeal to the First Appellate Authority (F.A.A.), within 30 days (delay condonation) with prescribed fee. • F.A.A may direct • to provide service within a specified period or • may reject the appeal. • Disposal of Appeal –within a period equivalent the stipulated time limit.

  23. Second appeal • Aggrieved person can appeal to the Second Appellate Authority • within 60 days (condone delay) with fee • Directions: • to provide the service within a specified period or • may reject the appeal. • impose penalty • within a period equivalent to the stipulated time limit.

  24. Application to Second Appellate Authority • Any person aggrieved • by a decision of the First Appellate Authority. • Designated officer’s non compliance of First Appellate Authority’s direction. • Designated officer’s non compliance of Second Appellate Authority’s direction.

  25. Procedure in Appeal (Sec.7) • Both Appellate Authority • Powers of Civil Court (a) requiring the production and inspection of documents ; (b) issuing summons for hearing the designated officer and the appellant; and (c) any other matter prescribed

  26. PENALTY DDB & SR

  27. Protection of action taken in good faith (Sec.9) • Suit, prosecution or other legal proceeding will not lie • against any person or officer • for anything which is in good faith done or intended to be done under this Act or any rule made thereunder.

  28. Bar of jurisdiction of Civil Courts (Sec.10) • No civil court shall entertain any suit, application or other proceeding in respect of any order issued under this Act • and no such order shall be called in question otherwise than by way of an appeal under this Act.

  29. Kerala Police & RTSNotification No. C5/84837/2012/PHQ dated 28-12-2012

  30. Curtsey to Adv. D.B Binu COCHIN CHAMBER OF LAWYERS, PROVIDENCE ROAD KOCHI-18, MOB:9895135081 dbbinu@yahoo.com WEB: http://indiancitizens.org/

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