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RIGHT TO SERVICE
     Presentation by

                 G. SREEKUMARAN
                 Advocate, Service Consultant &
                 MANAGEMENT TRAINER
                 Mob 9400328063
                 (Formerly Secretary, KSEB,
                 Secretary, State Information Commission
                 Associate Fellow, Institute of Mgt in Govt
                 Addl Secretary to Govt, Home Dept)
RIGHT TO SERVICE

  RECEIVED  ASSENT OF GOVERNOR
   ON 4-8-2012
  PUBLISHED IN THE GAZETTE DATED
   6-8-2012
  CONTAINS 12 SECTIONS
  THREE LEVELS OF REDRESSAL
  ENSURES DELIVERY OF SERVICE


12/15/12      ADV. G. SREEKUMARAN   2   9400
People's Magna Carta




  Right  to Service Act –
     People's Magna Carta:
     Kerala CM Oommen Chandy

12/15/12     ADV. G. SREEKUMARAN   3   9400
12/15/12   ADV. G. SREEKUMARAN   4   9400
Government service is not charity
It is the right of each and every citizen




 12/15/12        ADV. G. SREEKUMARAN   5    9400
Right to service- aims

   time bound delivery of services for
    various public services rendered by the
    Government to citizen and
   provides mechanism for punishing the
    errant public servant who is deficient in
    providing the service stipulated under
    the statute
  


 12/15/12       ADV. G. SREEKUMARAN   6         9400
AIM

  Right  to Service legislation are meant to
   reduce corruption among the
   government officials and
  to increase transparency and public
   accountability




12/15/12       ADV. G. SREEKUMARAN   7          9400
 Madhya    Pradesh became the first State
   in India to enact Right to Service Act on
   18 August, 2010
  Bihar was the second to enact this bill on
   25th July 2012




12/15/12       ADV. G. SREEKUMARAN   8          9400
12/15/12   ADV. G. SREEKUMARAN   9   9400
RIGHT TO SERVICE

             PARADIGM SHIFT

  An  act which will be implemented by the
    people and acted upon by the
    government




12/15/12       ADV. G. SREEKUMARAN   10       9400
Preamble

 PROVIDE FOR DELIVERY         OF
          SERVICE
   TO THE GENERAL PUBLIC
WITHIN STIPULATED TIME LIMIT



       Right to Service Act
What is Right to obtain Service?(S.4)

   Any  service to be provided under the
    provisions of any law for the time being
    in force
   In other words, it is
   THE RIGHT OF THE CITIZEN
   TO HAVE THE SERVICE TO BE
    PROVIDED BY DESIGNATED
    OFFICER within the stipulated time limit

 12/15/12       ADV. G. SREEKUMARAN   12       9400
Goal

  The Act will give every eligible person
  the right to obtain government services
  within a stipulated time-frame.
 .




12/15/12       ADV. G. SREEKUMARAN   13      9400
 It provides for effective, time-bound
    redressal of grievances of citizens,
    delivery of services to the public and
    making government servants liable in
    case of default




12/15/12       ADV. G. SREEKUMARAN   14      9400
Answerability of Public servants

   The   Act will provide a system wherein
     the public can make government
     servants answerable in terms of their
     functions, duties, commitments and
     obligations.




 12/15/12        ADV. G. SREEKUMARAN   15     9400
WHO IS DESIGNATED
   OFFICER?

   DESIGNATED    OFFICER IS
   AN OFFICER DESIGNATED FOR PROVIDING
    ANY SERVICE UNDER THE ACT (s.2(a)




12/15/12      ADV. G. SREEKUMARAN   16    9400
Who is eligible person (S.2(b)

  A   person who is eligible for the service
        notified under S.3 in the official
     gazette




 12/15/12        ADV. G. SREEKUMARAN   17       9400
What is service? (S.3(g)

   Any service to be provided
   Under provisions of any law in force
   Or as per Govt orders
   To the general public
   By Govt Deptts or LSG Institution or PSU or
     statutory body notified under S.3



 12/15/12         ADV. G. SREEKUMARAN    18       9400
Services available
   Thirteen  government services and
   nine services related to the Police
    Department
   will come under the purview of the
    legislation in the first phase.
   Services including that of Chief
    Minister’s office and the offices of other
    ministers will be brought within the ambit
    of the law later
 12/15/12       ADV. G. SREEKUMARAN   19         9400
STIPULATED TIME LIMIT (2(i)

  Maximum    time limit notified u/s 3
  to provide a service
  By the designated officer
  Or dispose of an application for such
   service




12/15/12       ADV. G. SREEKUMARAN   20    9400
Power to notify services, stipulated
time limit, designated officer, etc. (S.3)
   Every  Govt Deptt / HOD / LSGI /
     Statutory Body shall notify in Gazette
  Within    six months
   The  services rendered by each of them
   Designated officer
   First appellate authority
   Second appellate authority
   Stipulated time limit

 12/15/12        ADV. G. SREEKUMARAN   21     9400
SERVICES UNDER THE ACT
h and death
                   Residence cert             income          ration cards
ertificates



nomination      Land
                                    SERVICES                    Water
 of caste       records              SERVICES
                                                    Voters    connection
                                                    card
                  Police
                   intervention
                  in grievous                electricity     post-mortem
 domicile
                   crimes                    connection         report
              releasing                                         Receipts
              of vehicles        Passport FIR copy             for police
                 under          verification                  complaints
               custody.

     12/15/12                   ADV. G. SREEKUMARAN          22              9400
Time limit
    Providing  of notified service – 30 days (S.5)
    Or reject the application with
     sound reasons                      – 30 days
    Filing of First appeal by citizen – 30 days
     from the date of receipt of rejection (S.6)
    disposal of First appeal by AA - 30 days
    Filing of second appeal to II AA – 60 days
    Disposal of 2nd appeal            – 60 days
    Disposal either reject appeal with sound
     reasons or direct DO to provide service

  12/15/12         ADV. G. SREEKUMARAN    23          9400
Powers of 2nd AA S.6(6)

   Where    2nd AA finds that there no
     sufficient reason for not giving service
     within the stipulated time limit, he may
       Direct
             to provide service
       Impose penalty under S.8




 12/15/12         ADV. G. SREEKUMARAN   24      9400
DO does not comply direction of I AA

   Where    the DO does not comply with
     direction of I AA (u/s s6(2).
       Aggrieved   person can file application to 2 nd
        AA
       2nd AA shall dispose of it as if it is II Appeal




 12/15/12           ADV. G. SREEKUMARAN      25            9400
DO does not comply direction of II AA

   Where    the DO does not comply with
     direction of II AA (u/s s6(5).
       Aggrieved   person can file application to 2 nd
        AA
       2nd AA shall dispose of it as if it is II Appeal




 12/15/12           ADV. G. SREEKUMARAN      26            9400
Powers of Ist and II AAs S.7

   Shallhave the powers of a Civil Court
   Require production and inspection of
    documents
   Issue summons to DO and appellant




 12/15/12      ADV. G. SREEKUMARAN   27     9400
Penalty (S.8)

   II   AA can impose fine on DO
       For      failure to provide service without
            sufficient and reasonable cause
              MinimumRs.500
              Maximum Rs.5000 in each case

       Caused       delay in providing service
              Rs.250per day
              Maximum Rs.5000 in each case




 12/15/12                ADV. G. SREEKUMARAN   28     9400
Penalty S.8(2)

   II   AA can impose fine one Ist AA
       Failed    to decide the appeal within 30 days
            without sufficient and reasonable cause
              MinimumRs.500
              Maximum Rs.5000 per case




 12/15/12                ADV. G. SREEKUMARAN   29       9400
Recommendation for Disciplinary action

   Where   DO or I AA failed to discharge the
     duties assigned to him under this Act
       II   AA may recommend for disciplinary action
            under the service rules applicable to them




 12/15/12             ADV. G. SREEKUMARAN   30           9400
Peculiarities in the Act
   Protection  of action taken in good faith (S.9)
   Ist AA and II AA has the powers of Civil court
    under CPC
   Bar of jurisdiction of civil courts (S.10)
   Penalty can be imposed on the DO or Ist AA
    after giving reasonable opportunity of being
    heard (Proviso to S.8(1) and 8(2)
   Principles of natural justice is ensured



 12/15/12         ADV. G. SREEKUMARAN    31           9400
Who are the authorities under RTS Act?

             Second Appellate Authority



                First Appellate Authority




                   Designated Officer




12/15/12       ADV. G. SREEKUMARAN          32   9400
PROACTIVE APPROACH




12/15/12   ADV. G. SREEKUMARAN   33   9400
Service & Common Man
               Proactive Disclosure




     Before                                After
12/15/12        ADV. G. SREEKUMARAN   34           9400
Please come and enjoy!!!!!!




 12/15/12   ADV. G. SREEKUMARAN   35   9400
Proactive Measures (S.3)
   Every public authority must publish within 180 days from the
    enactment of the act (S.3)
   Particulars of services that will be rendered by each
   Notify the designated officer
   Notify the first appellate authority
   Notify the second appellate authority
   Stipulated time limit
      For providing services

      For filing and disposing petitions
                          Section 4(b)
      For filing and disposing Ist appeals

      For filing and disposing II appeals


12/15/12             ADV. G. SREEKUMARAN      36              9400
Ultimate goal
   Pillar of democracy
   Lead to Good Governance
   Reduce corruption by way of Transparency
    in the Administration
   Ensure peoples participation
   Social Audit
   Will increase employment opportunities -
    Poverty alleviation, improvement in quality
    of life.
   Curb fatalism and blind faith



 12/15/12       ADV. G. SREEKUMARAN   37          9400
Role model Karnataka
  A total of 151 services in 11 major government departments
   (Commercial Taxes, Education, Food and Civil Supplies, Health
   and Family Welfare, Home, Labour, Revenue , Transport and
   Rural Development and Panchayat Raj) are covered by Sakala.
  The official website of Sakala: http://sakala.kar.nic.in provides a
   tracking application by which the status of an application is
   provided to citizens.[22] In case of any delay or default in
   delivering the requested service, the applicant can seek
   compensation at the rate of 20 per day of delay subject to a
   maximum of 500 from the officer concerned. The system updates
   the citizen on the progress of the service request through SMS to
   the mobile number specified in the application.




12/15/12               ADV. G. SREEKUMARAN            38                 9400
Post,
                     ukada vu, Thirumala
Sreegeeth am, Mankatt
Trivandrum
            69500 6             (M) 9400328063,
                           ® 0471 2355670

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Rts gs 2012 full

  • 1. WELCOME RIGHT TO SERVICE Presentation by G. SREEKUMARAN Advocate, Service Consultant & MANAGEMENT TRAINER Mob 9400328063 (Formerly Secretary, KSEB, Secretary, State Information Commission Associate Fellow, Institute of Mgt in Govt Addl Secretary to Govt, Home Dept)
  • 2. RIGHT TO SERVICE  RECEIVED ASSENT OF GOVERNOR ON 4-8-2012  PUBLISHED IN THE GAZETTE DATED 6-8-2012  CONTAINS 12 SECTIONS  THREE LEVELS OF REDRESSAL  ENSURES DELIVERY OF SERVICE 12/15/12 ADV. G. SREEKUMARAN 2 9400
  • 3. People's Magna Carta  Right to Service Act – People's Magna Carta: Kerala CM Oommen Chandy 12/15/12 ADV. G. SREEKUMARAN 3 9400
  • 4. 12/15/12 ADV. G. SREEKUMARAN 4 9400
  • 5. Government service is not charity It is the right of each and every citizen 12/15/12 ADV. G. SREEKUMARAN 5 9400
  • 6. Right to service- aims  time bound delivery of services for various public services rendered by the Government to citizen and  provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated under the statute  12/15/12 ADV. G. SREEKUMARAN 6 9400
  • 7. AIM  Right to Service legislation are meant to reduce corruption among the government officials and  to increase transparency and public accountability 12/15/12 ADV. G. SREEKUMARAN 7 9400
  • 8.  Madhya Pradesh became the first State in India to enact Right to Service Act on 18 August, 2010  Bihar was the second to enact this bill on 25th July 2012 12/15/12 ADV. G. SREEKUMARAN 8 9400
  • 9. 12/15/12 ADV. G. SREEKUMARAN 9 9400
  • 10. RIGHT TO SERVICE PARADIGM SHIFT  An act which will be implemented by the people and acted upon by the government 12/15/12 ADV. G. SREEKUMARAN 10 9400
  • 11. Preamble PROVIDE FOR DELIVERY OF SERVICE TO THE GENERAL PUBLIC WITHIN STIPULATED TIME LIMIT Right to Service Act
  • 12. What is Right to obtain Service?(S.4)  Any service to be provided under the provisions of any law for the time being in force  In other words, it is  THE RIGHT OF THE CITIZEN  TO HAVE THE SERVICE TO BE PROVIDED BY DESIGNATED OFFICER within the stipulated time limit 12/15/12 ADV. G. SREEKUMARAN 12 9400
  • 13. Goal  The Act will give every eligible person the right to obtain government services within a stipulated time-frame. . 12/15/12 ADV. G. SREEKUMARAN 13 9400
  • 14.  It provides for effective, time-bound redressal of grievances of citizens, delivery of services to the public and making government servants liable in case of default 12/15/12 ADV. G. SREEKUMARAN 14 9400
  • 15. Answerability of Public servants  The Act will provide a system wherein the public can make government servants answerable in terms of their functions, duties, commitments and obligations. 12/15/12 ADV. G. SREEKUMARAN 15 9400
  • 16. WHO IS DESIGNATED OFFICER?  DESIGNATED OFFICER IS  AN OFFICER DESIGNATED FOR PROVIDING ANY SERVICE UNDER THE ACT (s.2(a) 12/15/12 ADV. G. SREEKUMARAN 16 9400
  • 17. Who is eligible person (S.2(b) A person who is eligible for the service notified under S.3 in the official gazette 12/15/12 ADV. G. SREEKUMARAN 17 9400
  • 18. What is service? (S.3(g)  Any service to be provided  Under provisions of any law in force  Or as per Govt orders  To the general public  By Govt Deptts or LSG Institution or PSU or statutory body notified under S.3 12/15/12 ADV. G. SREEKUMARAN 18 9400
  • 19. Services available  Thirteen government services and  nine services related to the Police Department  will come under the purview of the legislation in the first phase.  Services including that of Chief Minister’s office and the offices of other ministers will be brought within the ambit of the law later 12/15/12 ADV. G. SREEKUMARAN 19 9400
  • 20. STIPULATED TIME LIMIT (2(i)  Maximum time limit notified u/s 3  to provide a service  By the designated officer  Or dispose of an application for such service 12/15/12 ADV. G. SREEKUMARAN 20 9400
  • 21. Power to notify services, stipulated time limit, designated officer, etc. (S.3)  Every Govt Deptt / HOD / LSGI / Statutory Body shall notify in Gazette Within six months  The services rendered by each of them  Designated officer  First appellate authority  Second appellate authority  Stipulated time limit 12/15/12 ADV. G. SREEKUMARAN 21 9400
  • 22. SERVICES UNDER THE ACT h and death Residence cert income ration cards ertificates nomination Land SERVICES Water of caste records SERVICES Voters connection card Police intervention in grievous electricity post-mortem domicile crimes connection report releasing Receipts of vehicles Passport FIR copy for police under verification complaints custody. 12/15/12 ADV. G. SREEKUMARAN 22 9400
  • 23. Time limit  Providing of notified service – 30 days (S.5)  Or reject the application with sound reasons – 30 days  Filing of First appeal by citizen – 30 days from the date of receipt of rejection (S.6)  disposal of First appeal by AA - 30 days  Filing of second appeal to II AA – 60 days  Disposal of 2nd appeal – 60 days  Disposal either reject appeal with sound reasons or direct DO to provide service 12/15/12 ADV. G. SREEKUMARAN 23 9400
  • 24. Powers of 2nd AA S.6(6)  Where 2nd AA finds that there no sufficient reason for not giving service within the stipulated time limit, he may  Direct to provide service  Impose penalty under S.8 12/15/12 ADV. G. SREEKUMARAN 24 9400
  • 25. DO does not comply direction of I AA  Where the DO does not comply with direction of I AA (u/s s6(2).  Aggrieved person can file application to 2 nd AA  2nd AA shall dispose of it as if it is II Appeal 12/15/12 ADV. G. SREEKUMARAN 25 9400
  • 26. DO does not comply direction of II AA  Where the DO does not comply with direction of II AA (u/s s6(5).  Aggrieved person can file application to 2 nd AA  2nd AA shall dispose of it as if it is II Appeal 12/15/12 ADV. G. SREEKUMARAN 26 9400
  • 27. Powers of Ist and II AAs S.7  Shallhave the powers of a Civil Court  Require production and inspection of documents  Issue summons to DO and appellant 12/15/12 ADV. G. SREEKUMARAN 27 9400
  • 28. Penalty (S.8)  II AA can impose fine on DO  For failure to provide service without sufficient and reasonable cause  MinimumRs.500  Maximum Rs.5000 in each case  Caused delay in providing service  Rs.250per day  Maximum Rs.5000 in each case 12/15/12 ADV. G. SREEKUMARAN 28 9400
  • 29. Penalty S.8(2)  II AA can impose fine one Ist AA  Failed to decide the appeal within 30 days without sufficient and reasonable cause  MinimumRs.500  Maximum Rs.5000 per case 12/15/12 ADV. G. SREEKUMARAN 29 9400
  • 30. Recommendation for Disciplinary action  Where DO or I AA failed to discharge the duties assigned to him under this Act  II AA may recommend for disciplinary action under the service rules applicable to them 12/15/12 ADV. G. SREEKUMARAN 30 9400
  • 31. Peculiarities in the Act  Protection of action taken in good faith (S.9)  Ist AA and II AA has the powers of Civil court under CPC  Bar of jurisdiction of civil courts (S.10)  Penalty can be imposed on the DO or Ist AA after giving reasonable opportunity of being heard (Proviso to S.8(1) and 8(2)  Principles of natural justice is ensured 12/15/12 ADV. G. SREEKUMARAN 31 9400
  • 32. Who are the authorities under RTS Act? Second Appellate Authority First Appellate Authority Designated Officer 12/15/12 ADV. G. SREEKUMARAN 32 9400
  • 33. PROACTIVE APPROACH 12/15/12 ADV. G. SREEKUMARAN 33 9400
  • 34. Service & Common Man Proactive Disclosure Before After 12/15/12 ADV. G. SREEKUMARAN 34 9400
  • 35. Please come and enjoy!!!!!! 12/15/12 ADV. G. SREEKUMARAN 35 9400
  • 36. Proactive Measures (S.3)  Every public authority must publish within 180 days from the enactment of the act (S.3)  Particulars of services that will be rendered by each  Notify the designated officer  Notify the first appellate authority  Notify the second appellate authority  Stipulated time limit  For providing services  For filing and disposing petitions Section 4(b)  For filing and disposing Ist appeals  For filing and disposing II appeals 12/15/12 ADV. G. SREEKUMARAN 36 9400
  • 37. Ultimate goal  Pillar of democracy  Lead to Good Governance  Reduce corruption by way of Transparency in the Administration  Ensure peoples participation  Social Audit  Will increase employment opportunities - Poverty alleviation, improvement in quality of life.  Curb fatalism and blind faith 12/15/12 ADV. G. SREEKUMARAN 37 9400
  • 38. Role model Karnataka  A total of 151 services in 11 major government departments (Commercial Taxes, Education, Food and Civil Supplies, Health and Family Welfare, Home, Labour, Revenue , Transport and Rural Development and Panchayat Raj) are covered by Sakala.  The official website of Sakala: http://sakala.kar.nic.in provides a tracking application by which the status of an application is provided to citizens.[22] In case of any delay or default in delivering the requested service, the applicant can seek compensation at the rate of 20 per day of delay subject to a maximum of 500 from the officer concerned. The system updates the citizen on the progress of the service request through SMS to the mobile number specified in the application. 12/15/12 ADV. G. SREEKUMARAN 38 9400
  • 39. Post, ukada vu, Thirumala Sreegeeth am, Mankatt Trivandrum 69500 6 (M) 9400328063, ® 0471 2355670