THE RIGHT TO SERVICE ACT R.T.S

THE RIGHT TO SERVICE ACT(R.T.S)HISTORY : RTSCitizens Charters (C.C.)- first formulated- U.K. 1991Prime Minister - John MajorFocus : public services towards the needsand expectations of end-users. The program modified in 1998 as Services First

OPERATING PRINCIPLES OF C.C.Set standards of ServiceBe open and transparentConsult and involve end-usersEncourage access and the promotion of choiceTreat all fairlyPut things right when they go wrongUse resources effectivelyInnovate and improveWork with other providers

C.C. IN OTHER COUNTRIESAustralia (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).

Citizens Charters in IndiaFirst 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 Citizens Charters program on national level.

Citizens 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.

Expected Components in ChartersBased on the UK model by DARPGVision and mission statementsDetails of business transacted by the organizationDetails of clientsDetails of services provided Details of grievance redress mechanisms & accessibilityExpectations from clients7DDB & SRCitizens Charters in India: Current StatusDARPG website : charters drafted by various government agencies

Central Government: 118State Government & Union Territories : 711

Components of Citizens Charters in Karnataka by The Public Affairs Centre (PAC)Basic information about the departmentStandards of servicesGrievance redress systemCitizen-friendly criteria CITIZEN CHARTER IN KERALAPanchayati Raj ActMuncipalities Act, Sec.563 AOmbudusman for L.G.IOfficial website & publication of C.C.

RIGHT TO SERVICE ACTS IN INDIA1st implemented - Madyapradesh, 2010 Aug 26 deptsPunjab : Oct,20th , 2011Bihar: August 15Uttarakhand, October 4, 2011Delhi, April 28, 2011Himachal Pradesh:October,17, 2011Jharkhand:Nov.15, 2011Rajasthan, Sept. 21, 2011 U.P : January 11, 2011Chattisgarh : Dec.12,2011J&K : April, 2011Karnataka : April 2, 2012Kerala: 2012, July 30th Passed

Central RTS Act The Citizens Right to Grievences Redressal Bill, 2011. presented in Lok SabhaThe Kerala State Right to Service Act, 2012Governments 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.

Statement of Object & ReasonsGood governance essential for sustainable development, both economic and social arena of public life.

Three essential elements of good governanceTransparency, Accountability and responsiveness of the administration. Object & ReasonsTo 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.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 BodyNotification 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 Right to obtain services (Sec.4)Every eligible person have the right tonotified services within the stipulated time limit.Officers under the ActDesignated officer: Officer designated to provide the services. 2(a)First Appellate Authority :officer notified 2(c)Second Appellate Authority: 2(h)

Duty of the Designated Officer (Sec.5)On receipt of an application - within the stipulated time limitprovide 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 officer1st 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.22DDB & SRSecond appealAggrieved person can appeal to the Second Appellate Authority within 60 days (condone delay) with feeDirections:to provide the service within a specified period ormay reject the appeal.impose penalty

within a period equivalent to the stipulated time limit.

Application to Second Appellate AuthorityAny person aggrieved

by a decision of the First Appellate Authority.Designated officers non compliance of First Appellate Authoritys direction.Designated officers non compliance of Second Appellate Authoritys direction.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 prescribedPENALTY Offence Punishment to whom1 Designated officer failed to provide the service without sufficient and reasonable causeNot be less than Rs.500/- & not more than Rs. 5000/- Designated Officer

2Designated officer delayed service Rs.250/- per day for each days delay upto Rs. 5000/- Designated Officer

3First Appellate Authority delayed to decide the appealNot be less than Rs.500/- & not more than Rs. 5000/-

First Appellate Authority4Designated officer or the first appellate authority has without sufficient cause,failed to discharge the duties.Recommend fordisciplinary action Designated Officer &First Appellate Authority

Orders must be in writing, stating the reasons and given a reasonable opportunity of being heard before imposing such penalty.DDB & SRProtection 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.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 Actand no such order shall be called in question otherwise than by way of an appeal under this Act.Kerala Police & RTSNotification No. C5/84837/2012/PHQ dated 28-12-2012

Sl.Service/ActivityStipulated time limitDesignated Office Designated officerIst Appellate authority

2nd Appellate authority

1.Mike sanction 3 daysD.P.ODCP/DySP/AC (Admin) DPCRange IGP2.Procession Sanction7 daysDPO

SDPODCP/DySP/AC (Admin)

DySP/AC concerned

DPCRange IGP

3.Passport Enquiry

20 daysSpecial Branch offices in cities / distAC/DySP (Special Branch offices in cities / dist)

DPCRange IGP4.Petition Enquiry15 days from date of receipt of applicationPolice StationS.H.O.C.I. concernedAC/Dy.S.Pconcerned

Sl.Service/ActivityStipulated time limitDesignatedOfficeDesignated officerIst Appellate authority

2nd Appellate authority

5.Issuing receipt for receiving petition

Same day Police Station

Women CellSHO

C.I. W.CC.I. concerned

AC/DySP Crime DetachmentAC/Dy.S.P concerned

District Police Chief

Sl.Service/ActivityStipulated time limitDesignated OfficeDesignated officerIst Appellate authority

2nd Appellate authority

6.Copy of F.I.R

Same dayPolice StationS.H.O

C.I. concernedAC/Dy.S.Pconcerned7.Post mortem certificate3 days from date of receipt of PMC from the Medical authorityPolice StationS.H.O.C.I. concernedAC/Dy.S.Pconcerned

Sl.Service/ActivityStipulated time limitDesignated officerDesignated officeIst Appellate authority

2nd Appellate authority

8.Police Clearance Certificate

Enquiry report 15 daysDistrict Police officeDistrict Police Chief cities/districts

Range IGPADGP Zone concerned9.NOC for Arms & Explosive license 15 daysDistrict Police Office Cities/DistrictsDistrict Police Chief cities/districts

Range IGPADGP Zone concerned

Sl.Service/ActivityStipulated time limitDesignated officeDesignated officerIst Appellate authority

2nd Appellate authority

10.Job verification

15 daysDistrict Police officeDistrict Police Chief cities/districts

Range IGPADGP Zone concerned11.Foreigners Registration 7 daysDistrict Police OfficeDistrict Police Chief cities/districts

Range IGPADGP Zone concerned

Sl.Service/ActivityStipulated time limitDesignated officeDesignated officerIst Appellate authority

2nd Appellate authority

12Releasing of vehicles taken into custody after completing formalities

3 daysPolice Station SHO

Circle Inspector concerned

DySP/AC concerned

13Service of Summons and execution of warrants

Before the posting date of the case

Police StationSHO

Circle Inspector concerned

DySP/AC concerned

Sl.Service/ActivityStipulated time limitDesignated officeDesignated officerIst Appellate authority

2nd Appellate authority

14Enquiry of petitions regarding atrocities on SC/ST

10 days from the date of receipt of the petition by the concerned officer

SMS Units & DySP/AC in SDPOsDySP/AC concerned

District Police Chief

Range IsGP

Sl.Service/ActivityStipulated time limitDesignated officeDesignated officerIst Appellate authority

2nd Appellate authority

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

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