Service in time to be mandatory in Kerala

Kerala Chief Minister Oommen Chandy announced that Kerala Government would  bring in a legislation to ensure that various public services become right of a citizen. The Law Department had been entrusted to prepare a draft Bill on Right to Service Act, similar to the Right to Information Act.

“People are getting several services from the Government offices, but often these are not provided in time. The Government feels that there should be an effective law to guarantee such services in a time-bound manner. It can be effective like the Right to Information Act,”  Oommen Chandy said.

“Government officials should be made responsible for providing particular services within stipulated periods. If the officials fail to provide such services within that period, they will have to provide explanation for that,” he said.

Kerala may take a cue from states that implemented the RTS like Madhya Pradesh, Bihar and Punjab, in formulating the Bill aiming to make officials punishable for not providing the required services in time at the government offices. The Bihar law covers 30 services, including home, road and transport, health, food and civil supplies, social welfare, education, and power, while the MP law covers 26 services. Punjab had made services in revenue, health, transport, rural water supply and sanitation, food and supplies, personnel, housing and urban development, local government, social security, and one service of home department — registration of marriages under Service Act.

The enactment of the Right to Information Act 2005 by Union Government made timely response to citizen requests for government information mandatory. It was a landmark decision to make public officers accountable to the people. The new initiative by a few states on Right to Service Act will further the cause of people's right to get prompt services.

The proposed Bill have three-tier set up to monitor the Act. There will be first appeal officer, second appellate authority, and above them the government appointed officers. Citizen can approach the appeal officer in 30 days if the services are not furnished in the stipulated time.The appeal officer can ask the concerned officer to give the services. If the first appeal officer does not address the complaint, it can be submitted to the second appellate officer. If the authority is convinced that the officer had denied service, the authority can take action against the officer and the appeal officer. The fine for appellate authority ranges up to Rupees 5000.

The officer and appeal officer should be heard before taking action. Application to the appellate authority should be given in 60 days. Appeal officer and appellate authority will have powers of the civil court in examining the complaints. If the officer responsible for rendering services and the appeal officer have any complaint, they can file the complaint before the officer appointed by the government at the top of the three-tier setup. His decision will be final.

Distribution of birth, death and income certificates, electricity connection, social security pensions and assistance for victims of natural disasters may come within the purview of the proposed legislation.

An appellate authority would be formed for its effective implementation and special sections would have to be opened in all offices as in the case of the Right to Information Act.

The decision will save people, especially the common man, from harassment due to inordinate delay resulting from cumbersome procedures.

This Act definitely will be a great relief for common man who has been always at the receiving end tied up in red tape of the civil administration.

Key points of Right to Service Draft Act submitted to Chief Minister by Human Rights Defence Forum president P.K. Ibrahim and general secretary D.B Binu titled “Kerala Government Service Assurance Act, 2011'',  included:

Right to get service within stipulated time limit. The designated public officer should provide service to persons eligible within a stipulated time limit.

Right to appeal: Any person whose application is rejected or who is not provided with service within a stipulated time limit can file an appeal within thirty days.

Penalty and disciplinary action: If the designated appeal officer is of the opinion that the public officer failed to provide service without sufficient and reasonable cause, he may impose a lump sum penalty not be less than Rupees 250 and not more than Rupees 25,000, or such amount that is drawn as monthly salary, whichever is higher.  The penalty so imposed should be deducted from the salary of the designated officer and the first appeal officer and their concerned subordinate staff in the proportion as decided by the Department having jurisdiction relating to the service.

Constitution of State Public Delivery Service Commission: The State Government should constitute a State Public Service Delivery Commission for ensuring right to service.

Though the draft Bill is yet to be finalised, it is learnt that some of these proposals are included in Bill. But the penalty has been drastically cut from Rupees 25,000 to  Rs 5000.  This raises the fear that just like the Lokpal Bill and the RTI, the final outcome of the RTS Act will in all probability be a diluted one. Unless stringent fine is imposed, the new law will be toothless and fail to bring out the desired effect.

Yet getting acceptance to the concept of RTS itself is laudable. Let there be an Act in place, later there is always a possibility for amendments. Right to Service Act will give legal backing to citizen's charter. This will help in eradication of corruption and red tapism.

How trade unions with clearcut political agenda will approach this law will be anybody's guess.  The Government should address to their genuine fears, but should show political will to go ahead with the much needed Act.

“Our aim should not be to penalise officers, but to bring justice to common man. The Government is duty bound to provide infrastructure for the officers to provide right services. Right from village level the Government should address the serious shortage of staff and facilities to keep files. The offices should be IT-friendly and proper training should be given to the staff in computerisation,'' Binu told TSI.