An analysis of Right to Public Services legislation of 5-Indian states and KP province of Pakistan

1. Citizen Engagement for Social Service Delivery
Government of Khyber
Pakhtunkhwa
Guaranteeing Public Services
Regional Legislations
(Case of Indian States & Pakistani Province)
Gulbaz Ali Khan
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2. Citizen Engagement for Social Service Delivery
A leap forward
• Reforms process in UK (2008)
– Public Services, Putting People First
– House of Commons suggested to move beyond
citizen charter
– Reform committee suggested
“We recommend that there should be clear, precise and enforceable statements of
people’s entitlements to public services. These should be in the form of Public Service
Guarantees, as proposed by our predecessor Committee. The Guarantees should specify
the minimum standard of service provision that service users can expect, and set out the
arrangements for redress that apply should service providers fail to meet the standard
promised.”
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3. Citizen Engagement for Social Service Delivery
Emergence in India
• Madya Pardesh, first state in India to pass legislation in
August 2010
• During a consultation, Chief Minister, Madya Pardesh stated
“At the time of elections people are the most important. After that the government ignores
them. The CM, Ministers, and bureaucrats, all think that they are perfect and wisdom cannot
reside outside this group. In the case of MP, we had introduced One day Governance –
Samadhan Ek Din Mein and we had Citizens Charters. But when we listened to the people, we
found that no body looked at the Citizens Charters and no body bothered about the details.
We wanted, then, to introduce a Citizens Charter Act. There were a number of doubting
Thomases. But the question we asked was if we are giving rights through the Charters why
are we scared of fixing responsibility? Thus was born the MP right to public services act”
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4. Citizen Engagement for Social Service Delivery
Spread across India
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Madya
Pardesh2010
Bihar2011
Punjab
2011
Delhi
2011
Uttarakhand
2011
Goa2013
West
Bengal2013
Assam
2012
Odisha
2012 Occupied Jammu
and Kashmir
2011
Chhattisgarh
2011
Karnataka
2011
Himachal
Pradesh2011
Rajasthan
2011
Uttar
Pradesh2011
Gujrat
2013
Haryana
2014
Kerala2012
Jharkhand
2011

5. Citizen Engagement for Social Service Delivery
Services notified under RTSP
5
State/Province Total Services Notified Services
Madhya Pradesh 52 16
Delhi 70 22
Rajasthan 108 15
Bihar 50 10
Uttar Pradesh 17 5
Khyber Pakhtunkhwa - 9

6. Citizen Engagement for Social Service Delivery
Type of Services under RTSP
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Madhya
Pradesh
Uttar
Pardesh
Bihar Delhi Rajasthan Khyber
Pakhtunkhwa
Include
electricity
connections in the
Power Department,
maternity and
marriage aid in the
Labour Department,
copies of
Khasra/Khatauni in
Revenue
Department, Income
and Domicile
Certificates in
General
Administration
Department to Social
Security Pension, Old
Age Pension, benefit
of National Family
Welfare in the Social
Welfare Department
Include
mutation,
birth and
death
certificates,
water
connection,
disability
certificate and
issue of APL
ration cards,
duplicate copy
of driving
license and
registration
certificate
Include
services in the
Commercial Tax
department,
Human Resource
Department
(Scholarships,
marksheets,
university
attestations),
Registration, issue
of all licenses (not
only duplicate
copies) in Transport
Department and
decision on
application for
determination of
holding in urban
areas in the Urban
Development
Department.
Include
BSES Rajdhani
Power Ltd. (a
private
licensee of
the Delhi
government),
Delhi Police,
Delhi Park
and Garden
Society, Drugs
NA Inlcude
Issuance of Fard
Registration of Birth
& Death
Approval of Building
Plan (Residential)
Registration of
FIR/Daily Diary.
Domicile Certificate.
Examination by a
doctor in OPD
Examination by
Casualty Medical
Officer in Emergency
Insuance of drug
license

7. Citizen Engagement for Social Service Delivery
Which services notified?
• Demand driven, independently being delivered by a
department
• No such services having interdependence on multiple
departments
• Madya Pardesh, Bihar, Delhi, Uttar Pardesh,
Rajahsthan and Khyber Pakhtunkhwa opt for services
offered by a single department
• Services notified often due to a) willingness of
department, b) existing simplified service delivery
process, and c) local demand
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8. Citizen Engagement for Social Service Delivery
Institutional structure for
implementation
• Madya Pardesh-Department of Public Service
Management
• Delhi-Department of Information Technology
• Rajasthan-Administrative Reforms Department
• Bihar-General Administration Department
• Utter Pardesh-Department of Revenue
• Khyber Pakhtunkhwa-Services & General
Adminsitration Department
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9. Citizen Engagement for Social Service Delivery
Procedure for access to services
• Almost all Indian states and Pakistan province follow the
similar process
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10. Citizen Engagement for Social Service Delivery
Timeliness
• Bhopal- Madya Pardesh
– Most of the services are delivered on time
– Copies of Khasra are delivered in 1 day (While act
time limits of 15 days)
• Ghaziabad-Uttar Pardesh
– Income, land and caste certificates are issued in 7
days while act provides 20 working days
• Compliance in most of the public services
delivered in 5 Indian states
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11. Citizen Engagement for Social Service Delivery
RTPS Compliance
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State Application
Received
Application
Disposed
Timeframe
Madhya Pradesh
8.7 Million 8.69Million Upto 10th
January
2012
Bihar
9.5 Million NA from 15th August
2011 to 31st
January 2012
Uttar Pradesh
7.0 Million 6.6 Million Upto November
2011
Rajasthan
1.752 Million 1.688 Million from 14th
November 2011 to
15th January 2012
Delhi
0.703 Million 0.693 Million NA

12. Citizen Engagement for Social Service Delivery
Process Simplification
• States adopt Information Technology to reduce
process fatigue
• In Madya Pardesh, online application started in
August 2011 through the portal www.lokseva.gov.in
• Accepting applications on paper followed by data
entry in the computers
• Online tracking facility available to citizens
• Reminder SMS is sent to Public Designated Officers
for timely disposal of pending applications
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13. Citizen Engagement for Social Service Delivery
Process Simplification
• Bihar ICT system
• Phase 1: Computerized acceptance of application at
the front office and generation of acknowledgement
cards; monitoring of service delivery leveraging ICT
• Phase 2: Online request/ application for services;
physical delivery from front office
• Phase 3: Online request/ application and online
delivery
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14. Citizen Engagement for Social Service Delivery
Public Awareness
• Installation of Notice Boards at prominent
places
– Educating on the process and complaint redressal
– Acts provide for awareness through notice boards
• Development of IEC materials
• Budgetary allocations at district level for
arranging seminars, workshops, lectures etc
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15. Citizen Engagement for Social Service Delivery
Appeals
• Very few appeals
• Bihar, has only 170 appeals so far (till January 2012)
• Madya Pardesh and Rajasthan reported very few
• In Rajasthan, only one case concluded and
Designated Officer (Tehsiledar) was fined INR:5000,
the first Appellate Authority (Sub-Divisional Officer)
INR:5000 and applicant provided compensation of
INR:1000
Either citizens contented with the service delivery or do not use appeal
system
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16. Citizen Engagement for Social Service Delivery
Impact
• Very few appeals to pendency rate
• Change in perception of citizens regarding the
public service delivery
• No role of middleman as now citizen have access
to timely services
• Even if the services are delayed, no
bribery/corruption is paid
• Process simplification make huge difference (SMS
sent to applicant)
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17. Citizen Engagement for Social Service Delivery
Punishment and Rewards for Duty Bearers and
compensation for right holders
• Penalty centered: Madya Pardesh, Bihar and
Rajasthan penalize the defaulting public officials,
but MP, and Rajasthan have compensation for
citizens, while Bihar do not have
• Minor penalty: Delhi impose very little fine while
pays no compensation to citizens
• Khyber Pakhtunkhwa has penalty, rewards and
compensation caluses.
Delhi - Incentives for Good Performance- upto 5000 rupees for no default in 1 year;
disciplinary action for 25 defaults in a year
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18. Citizen Engagement for Social Service Delivery
Penalties
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State/Province Penalty
Madhya Pradesh INR. 250 per day, max INR. 5000
Delhi INR.10 per day, max INR. 200
Rajasthan INR. 250 per day, max INR. 5000
Bihar INR. 250 per day, max INR. 5000
Uttar Pradesh INR. 250 per day, max INR. 5000
Khyber Pakhtunkhwa PKR. 250 per day, max PKR. 25000

19. Citizen Engagement for Social Service Delivery
Challenges
• Lack of human resources at front line service
providers
• Shortage of funds
• Capacity Development
• Making access to illiterate people living in
remote/rural areas
• Mass mobilization campaign
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20. Citizen Engagement for Social Service Delivery
Overall scenario, so far
• State/Province Led: High ownership
• State/Province specific strategies
– Local demand driven services notification
– Employing both electronic and paper applications
– Punishment, reward and compensation
– Appeals/complaint redressal
– Strict monitoring
• State/Province competition
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21. Citizen Engagement for Social Service Delivery
Thanks
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