Right to Service Act

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Right to Service
ACT
By: Vijith V, Kerala State GST Department

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Right to Service ACT
➢ 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
RTS Regime In India

3. Center Government Bill
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Right to Service ACT
The Citizen's Charter and Grievance Redressal Bill
2011 also known as The Right of Citizens for Time
Bound Delivery of Goods and Services and Redressal of
their Grievances Bill, 2011 or Citizens Charter Bill was
proposed by Indian central legislation. It was tabled by
V. Narayanasamy, Minister of State for Personnel,
Public Grievances and Pensions, in Lok Sabha in
December 2011. The bill lapsed due to dissolution of
the 15th Lok Sabha.

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Bring the attention of your audience
over a key concept using icons or
illustrations
Right to Service ACT
State Act
Madhya Pradesh became the first state in India to
enact Right to Service Act on 18 August 2010 and
Bihar was the second to enact this bill on 25 July
2011. Several other states like Delhi, Punjab,
Rajasthan, Himachal Pradesh, Kerala, Uttarakhand,
Haryana, Uttar Pradesh, Odisha and Jharkhand have
introduced similar legislation for effectuating the right
to service to the citizen.

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Right to Service ACT
Kerala State Right To Service Act - 2012
This Act has been come
into force w.e.f 1/11/2012
vide
G.O.(P)55/2012/P&ARD
dated 27/10/2012
Act Contains 12
Sections.
3 Levels of Redressal.
Ensures Delivery of
Services..
Assent of the
Governor – 4
August 2012

6. An Act to provide for the delivery of services to the general
public within the stipulated time limit and for matters connected
therewith and incidental thereto. The Kerala State Right to
Service Act, 2012 came into force on the 1November
2012 as per G.O (P) No.55/2012/P&ARD.
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Right to Service ACT

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Right to Service ACT
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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Timeframe
Some of the common public services which are to be
provided within the fixed time frame as a right under
the Acts, includes issuing caste, birth, marriage and
domicile certificates, electric connections, voter’s card,
ration cards, copies of land records, etc.
Right to Service ACT

9. Appellate Authority
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Right to Service ACT
On failure to provide the service by the designated officer within
the given time or rejected to provide the service, the aggrieved
person can approach the First Appellate Authority. The First
Appellate Authority, after making a hearing, can accept or reject
the appeal by making a written order stating the reasons for the
order and intimate the same to the applicant, and can order the
public servant to provide the service to the applicant.

10. Section 3
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Right to Service ACT
Save as otherwise provided in any other law for the time being in force,
every Department of the Government, every head of Department(on
behalf of the Local Self Government Institutions the Director of
Panchayaths, the Commissioner of Rural Development and the Director of
Urban Affairs, as the case may be) and every statutory body shall within six
months of the commencement of this Act, notify in the Gazette the
services that will be rendered by each of them, the designated officers, the
first appellate authority, the second appellate authority and the stipulated
time limit for the purposes of this Act.
Services, Stipulated Time Limit, Designated Officer etc.

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Right to Service ACT
Duties of the Designated Officer
➢ Receive the Application.
➢ Authorize Subordinate Officer for receiving application (Rule 3).
➢ Acknowledge the receipt of the
Application – Form 1 (Rule 4).
➢ Authorized Officer can acknowledge the
receipt of the Application (Rule 3)

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Right to Service ACT
Duties of the Designated Officer (Continue…)
➢ Provide Service or Reject within the Time Limit.
➢ In case of Rejection, Reason in writing
➢ Stipulated time start from the date of receipt.
➢ Documents not attached – mention in Acknowledgement (Rule 4).

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Right to Service ACT
Duties of the Designated Officer (Continue…)
➢ Public Holiday will be excluded from the Stipulated Time Limit
(Rule 5)
➢ Display of Information on the Notice Board (Rule 6)
➢ Maintenance of Register in Form IV (Rule 12)

14. Service
Right to Service ACT
'Service' means any service to be provided under the provisions
of any law for the time being in force or as per Government
orders issued form time to time, to the general public by or
under any Department of the Government or by a Local Self
Government Institution or by a State Public Sector Undertaking
or by a Statutory Body, as may be notified under section 3.

15. Place your screenshot
here
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Right to Service ACT
Every eligible person shall have the right to obtain the services
notified under section 3 within the stipulated time limit.
Right To Obtain Service (Sn.4)

16. Duty of the Designated Officer (Sn.5)
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Right to Service ACT
• The designated officer shall on receipt of an application for service by an
eligible person, without prejudice to the provisions of any law for the time
being in force, provide the service or reject the application within the
stipulated time limit. In case of rejection, he shall state the reasons for the
same in writing and shall intimate it to the applicant forthwith.
• An application received under sub-section (1) shall be duly acknowledged
by the designated officer or by the officer authorized by him to receive
such application.
• The stipulated time limit shall start from the date on which the
application is received.

17. Appeal (Sn.6)
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Right to Service ACT
Any person, who does not receive the required service within the
stipulated time or whose application is rejected under subsection (1) of
Section 5 may file an appeal to the first appellate authority, within thirty
days from the date of rejection of the application or on the expiry of the
stipulated time limit, in such manner and on payment of such fee, as may
be prescribed: (4)Any person aggrieved by a decision of the first appellate
authority may prefer an appeal to the second appellate authority within
sixty days from the date of decision of the first appellate authority, in such
manner and on payment of such fee, as may be prescribed:

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Right to Service ACT
(1) The first appellate authority and the second appellate authority , while deciding
an appeal under this Act, shall have the same powers as are vested in a civil court
while trying a suit under the Code of Civil Procedure,1908(Central Act 5 of 1908)
in respect of the following matters, namely:-
(a). requiring the production and inspection of documents
(b). issuing summons for hearing the designated officer and the appellant and
any other matter which may be prescribed.
Procedure to be Followed in Appeal (Sn.7)

19. Penalty (Sn.8)
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Right to Service ACT
Sn.8(1)(a) The Designated officer has failed to provide the service
without sufficient and reasonable cause, the second appellate authority
may by an order in writing, stating the reasons, impose a fine on the
designated officer which shall not be less than five hundred rupees and not
more than five thousand rupees;
(b) the designated officer has caused delay in providing the service, the
second appellate authority may, by an order in writing, stating the reasons,
impose a fine on the designated officer, at the rate of two hundered and
fifty rupees per day for each days' delay the sum of which shall not exced
five thousand rupees.

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Right to Service ACT
(2)Where the second appellate authority finds that the first appellate
authority has failed to decide the appeal within the time limt specified in
sub-section (3) of section 6 without sufficient and reasonable cause, he
may by an order in writing, stating the reasons, impose a fine on the first
appellate authority which shall not be less than five hundered rupees and
not more than five thousand rupees
The Second Appellate authority may, if he is satisfied that the designated
officer or the first appellate authority has without sufficient cause ,failed to
discharge the duties assigned to him under this Act recommend
disciplinary action against him under the service rules applicable to him
Penalty (Sn.8) (Continue…)

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Right to Service ACT
Protection of Action Taken in Good Faith (Sn.9)
No suit, prosecution or other legal proceeding shall
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 there under..

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Thanks!
ANY QUESTIONS?
You can find me at : ksectioncct.ctd@kerala.gov.in
Right to Service ACT