Implementation of Right to Hearing Act 2012 in Rajsamand, Rajasthan.

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The Department of Administrative Reforms & Public Grievances, Government of India, organized the 2nd 'District Collectors Conference', which took place on the 6th & 7th of September in New Delhi. Over 30 district collectors participated, making presentations on best practices to overcome challenges faced in the sectors of rural development, education, urban development, law & order, and disaster management. 



The Planning Commission is providing these presentations for the public to see examples of the good work being done by young IAS officers in the field, and to promote cross-learning and innovation.

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Implementation of Right to Hearing Act 2012 in Rajsamand, Rajasthan.

  1. 1. RIGHT TO HEARING The Rajasthan Right to Hearing Act 2012 Initiative for its effective implementation in Rajsamand district
  2. 2. Grievance Redress Importance for good governance • Greievance redress – A barometer of effective governance • Grievance beyond existing state policy- Marker of felt need • Absence of grievance- Not necessasarily good
  3. 3. Status of PG redress at districts • Sugam RPG- Collector Office • Sugam RPG- SDO Office (Local Initiative) • Vigilance Committees (Collector/SDO) • Night Chaupal- Collector/SDM • ZP/PS General Body Meetings • Vigilance Meeting by Hon MP • RTI (Availability of official documents strengthen case)
  4. 4. Critical Analysis • Access to authorities intermittent • Long distance/loss of wage • Availability of officer not guaranteed • Individual centric- Not system based • Punishment of erring officers cumbersome • No established system of appeal • Lower functionaries not directly responsible • RTI by itself does not redress grievance
  5. 5. The Acts… • The Rajasthan Right to Hearing Act 2012 http:// www.ard.rajasthan.gov.in/Right_To_Hearing_Act.aspx (Analysis will follow) • The Rajasthan Guaranteed Delivery of Public Services Act 2011 http://www.ard.rajasthan.gov.in/new_policy.aspx (153 Notified services to be delivered in a time bound process)
  6. 6. RGDPS & RTH as a solution! • Together, all grievance covered • Legal mandate • Defined roles & responsibilities (PHO/DO) • Provision for appeals • Time bound hearing/service delivery • Instant punishment for failure of duty
  7. 7. Implementation Challenges • Multiplicity of offices (PHO/DO/Appeal auth) • Not at doorstep- travel expense/loss of wage • Registration not guaranteed (Grievance unregistered = grievance doesn’t exist!) • Multiple lines of appeal- distant/divisional offices • Difficult to monitor compliance
  8. 8. Initiative in Rajsmand Lok Sunvayi Sahayata Kendra • LSSK at every BNRGSK • Rozgar Sahayak as facilitator to receive complaints everyday between 10am-12noon • Standardised receipts for every application stating, code of complaint, date & place of hearing & designation of PHO • Transfer of all complaints received in a week (Mon to Fri) to central registry at Tehsil by Friday evening • Transfer of complaints to concerned PHO at block level by monday
  9. 9. Initiative in Rajsmand Lok Sunvayi Sahayata Kendra • Fixed day hearing every friday (for complaints received in previous week) at PS BNRGSK where all PHOs would be present & chaired by SDO • After hearing, replies in Format-3 would be given on the spot • In case applicant not present for hearing, decision in format-3 would be taken in absentia & transferred to concerned LSSK, to be retrieved by applicant at his convenience • Detailed orders have been issued by Collector Rajsamand to put above system in place on 4-9-12 in spirit of Sec 5 of Act & Rule 20 of rules
  10. 10. RTH Act- Issues to be redressed • Right to hearing = Right to get work done? • Sec 2(a) & (b) and Sec 4(5) of Act • Doesn’t cover services under RGDPS • Sec 2(a) of Act • IT platform essential (Customise Sugam-RPG) • Sec 5(3) of Act • Amend appellate authority • Sec 6 of Act & Notification No.F.13(1)AR&C/Gr.1/2012 • Staffing, training & IEC • Rule 22 of Rules • Mandatory to come through LSSK
  11. 11. Evaluation- Benefits • Local Single Window LSSK at BN RGSK • Rozgar Sahayak as single face of Govt • Fixed day hearings in public & at one location PS-BNRGSK • SDO supervision of PHOs hearings • Written communication on spot • Appeal filing at Friday hearings • On spot punishments for failure of duty
  12. 12. Evaluation- Challenges (Delivery side) • Heavily dependent on Rozgar Sahayak • GP needs rigorous training & orientation (LSSK not open, GP disposal dependent on individual initiative) • Without IT platform, lot of paper/register work, difficult to trace cases, cannot avoid multiplicity • Increase in frivolous, unreasonable, malafide, multiple applications • If actual work is not done, may become a paper exercise • Grievance overload may show Govt in bad light
  13. 13. Evaluation- Challenges (Demand side) ● Citizens not aware of elaborate system (Awareness campaign required) ● Active utilisation of system dependent on hand-holding by NGOs- could be institutionalised) ● Low attendance at friday public-hearings ● Approaching SDO/Collector/MLA still deep rooted in mindset
  14. 14. Proactive disclosure (Wall paintings at GP) ● The BPL list & housing (Awas) wait-list ● Pension beneficiary list
  15. 15. What do numbers say? The total RTH complaints registered & disposed in Rajsamand from when the Act came into force in Aug 2012 is: Registered Disposed Pending 30513 29966 547
  16. 16. Sample Analysis – 11 GPs Name of GP /Block Total Registersd Receipt Given Written reply after Hearing Actual work done Pending 1. Nagadia (Khamnore) 41 41 41 38 3 2. Kaliwas (Khamnore) 50 50 47 37 13 3. Jhor (Amet) 80 80 80 80 0 4. Liki (Amet) 62 62 53 56 6 5. Khadbamaniy (Railmagra) 144 144 123 123 21 6. Oda (Railmagra) 163 163 56 148 15 7. Samicha (Kumbhalgarh) 187 187 89 89 98 8. Banokda (Kumbhalgarh) 90 90 4 4 86 9. Saroth (Bhim) 263 263 183 183 80 10. Baggad (Bhim) 277 277 171 171 106 11. Mohi (Rajsamand) 141 141 141 141 0 Grand Total 1498 1498 988 1070 428
  17. 17. Department Wise Name of Department Registered Receipt Given Written reply after Hearing Actual work done Pending 1. Revenue 474 474 359 359 115 2. Panchyat 659 659 423 423 236 3. Police 0 0 0 0 0 4. PWD 8 8 4 4 4 5. AVVNL 151 151 92 92 59 6. Health 84 84 81 81 3 7 . Agriculture 24 24 22 22 2 8. Animal Husbandry 0 0 0 0 0 9. Forest 1 1 1 1 0 10.Mining 0 0 0 0 0 11.Irrigation 1 1 1 1 0
  18. 18. Department Wise Name of Department Registe red Receipt Given Written reply after Hearing Actual work done Pending 12.PHED 26 26 23 23 3 13.Coprative 0 0 0 0 0 14.Swayat shasan 0 0 0 0 0 15.ICDS 2 2 2 2 0 16. Education 9 9 5 5 4 17.Labour 0 0 0 0 0 18. Treasury 7 7 7 7 0 19. Supply 0 0 0 0 0 20. Excise 0 0 0 0 0 21.Social Justices 54 54 52 52 2 Grand Total 1498 1498 988 1072 428
  19. 19. Conclusion In view of the fact that, only if every genuine grievance of a citizen is addressed adequately & in time, will the claims of Govt. success be justified, the institutionalisation of RTH- in letter & spirit across the state of Rajasthan is a giant step in the journey of good governance.

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