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PREPARED BY SHANAVAS KHAN.P.A JUNIOR SUPERINTENDENT, COLLECTORATE , PALAKKAD .

RIGHT TO SERVICE

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Page 1: RIGHT TO SERVICE

PREPARED BY SHANAVAS KHAN.P.A

JUNIOR SUPERINTENDENT,

COLLECTORATE, PALAKKAD.

Page 2: RIGHT TO SERVICE

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

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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.

P.A.Shanavas Khan 9847746218

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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.

P.A.Shanavas Khan 9847746218

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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

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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 CartaKerala 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 Body

As 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 NOTIFY

1. 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. 5P.A.Shanavas Khan 9847746218

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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. 6P.A.Shanavas Khan 9847746218

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. 6P.A.Shanavas Khan 9847746218

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. 6P.A.Shanavas Khan 9847746218

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. 6P.A.Shanavas Khan 9847746218

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. 8P.A.Shanavas Khan 9847746218

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. 6P.A.Shanavas Khan 9847746218

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)

Page 35: RIGHT TO SERVICE

P.A.SHANAVASKHANJunior Superintendent

(Election)Collectorate, Palakkad

Mob : 98477 46218

Page 36: RIGHT TO SERVICE

P.A.Shanavas Khan 9847746218