Right to Service Laws in India

A brief overview of Right to Service regime in India

2. Right to Service regime in India
•Right to Service regime started in India around 2005-06
with first Maharashtra passing Prevention of Delay in
Discharge of Official Duty Act 2005.
•Since year 2010 after passing Madhya Pradesh Right to
Service Act the regime picked up some speed…..
•Madhya Pradesh Act was followed by many other
states…
•Now after passing recent Haryana Right to Service Act
2014 almost 20 states have such Laws..
•Some of the states have made rules…..
•Punjab & Haryana have provided for constitution of
State Right to Service Commission on the pattern of
State Information Commission.
[email protected] -04th Nov 2014

3. Impact & Outcome
•RighttoServiceActsattempttoregulate
performance……
•Thisisashiftfrom‘governingforregulation’to
‘governingforresults’…..
•Accountabilityshortfallsarebeingindentifiedand
dealtwithforstreamliningdeliveryofservicesand
•Theselawswilleffectivelycheckdeficitof
implementationofvariouswelfarelawsandwelfare
schemes…..
•Therehavebeensomestudiesdonetoevaluatethe
impactandoutcomeofRTSActsofM.P&Bihar….
•However,nowresearchstudiesforevaluating
outcomeoftheseActsarerequiredtobedoneforall
20states…
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4. Paradigm Shift from Charter to Guarantee
•Following 20 state Right to Service Laws have
potential to bring about revolutionary Shift
of Governance
–1. From Citizens Charter or Promises
– to Right to Services and Services Guarantee
–2. From Regulation to Results
and ultimately
–3. From just output toActual outcomes
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5. List of Right to Service Acts in India
Sr.No.Name of the Act Date of
commencement
1.Maharashtra Prevention of Delay in Discharge of
Official Duties Act, 2005
2
nd
July 2006
2.Madhya Pradesh LokSewaonKePradanKiGuarantee
Adhiniyam2010
18
th
August 2010
3.UttarPradesh JanhitGuarantee Adhiniyam2011 13
th
January 2011
4.The Jammu & Kashmir Public Services Guarantee Act
2011.
13
th
April 2011
5. The Delhi(Right to Citizen to Time Bound Delivery of
Services) Act, 2011.
28
th
April 2011
6.The Bihar Right to Public Services Act, 201115
th
August 2011
7.The Rajasthan Guaranteed Delivery of Public Services
Act,2011
21
st
September 2011
8.The UttarakhandRight to Service Act,2011 4
th
October 2011
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6. List of Right to Service Acts in India
Sr.No.Name of the Act Date of
commencement
9.The HimachalPradesh Public Services Guarantee
Act, 2011
17thOctober 2011
10.The PujabRight to Service Act,2011 20thOctober 2011
11.The Jharkhand Right to Service Act,2011 15thNovember 2011
12.The ChattisgarhLokSevaGuarantee Act 2011 12
th
December 2011
13. The Assam Right to Public ServicesAct, 2011 29
th
March 2012
14.The Karnataka (Right ofCitizens to Time Bound
Delivery of Services ) Bill 2011
02
nd
April 2012
15.The Kerala Right to Service Bill 2012 27
th
July 2012
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7. List of Right to Service Acts in India
Sr.N
o.
Name of the Act Date of
commencement/
notification
16.The OdishaRight to Public Services Act,2012 01
st
November 2012
17.The Gujarat (Right ofCitizens to Public Services) Bill
2013
01
st
April 2013
18.The Goa (Right ofCitizens to Time Bound Delivery
of Services) Bill,2013.
02
nd
May 2013
19.The West Bengal Right to Public Services Act, 201327th September2013
20. Haryana Right to Service Act, 2014 26
th
March 2014
Govt of India-The ‘Model Public Services Law’
One of the items included in the
President’s Address to Parliament
on the 4
th
June, 2009
Right of Citizens for Time Bound Delivery of Goods
and Services and Redressal of their Grievances Bill,
2011
This bill was
introduced in
Loksabha –yet to be
passed
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8. 1. Maharashtra Prevention of Delay in
Discharge of Official Duties Act, 2005
•Only Chapter –III deals with Prevention of Delay
applicable to all employees including all India
services officers working for state government……
•Rest of the chapters deal with Government Servants
Regulation of Transfers
•Section-8 –mandates publication of Citizens charter
by each office of each Govt department.
•Section 9 –mandates declaration of only three
levels of submission in each office
•It also mandates publishing of lists of subordinate
officers who have been delegated powers …….
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9. 1-1. Maharashtra Prevention of Delay in
Discharge of Official Duties Act, 2005
•Only Chapter –III deals with Prevention of Delay
•Section 10 –provides for penalty by way of disciplinary
action against officers/employees responsible for delay
in providing government duty….
•Word ‘service delivery’ not expressly used…instead
‘discharge of official duty or work assigned ’ is
used………but citizen charter contains almost all services,
schemes and benefits for citizens
•No provision regarding fine, penalty or compensation is
not made.
•Rules published in 2013
•Public perception ----Outcome is not visible
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10. 2. Madhya Pradesh Lok Sewon Ke Pradan Ki Guarantee
Adhiniyam 2010
•Madhya Pradesh Act
•Sec. 3-Notification of Services /Time Limit to provide Services /
Designated Officers/ Appellate Officers
•Sec. 4-Right to get Notified Service in Stipulated Time
•Sec. 5-To provide Notified Service in Stipulated Time
•Sec. 6(1)-First Appeal within 30 Days
•Sec. 6(3)-Second Appeal within 60 Days
•Sec. 6(6)-Powers of Civil Court (CPC 1908)
•Sec. 7-Penalty –1.Lumpsum Rs. 500 to 5000 for failure to provide
Service
• 2.Rs.250 per Day uptoRs.5000 for Delay period
•Sec. 8 -Review to Government within 60 Days
•Rules 2010
•1. No Court Fee for Appeal / Review
•2. Recovery of Penalty –From Salary –Head 0070(60)(800)
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11. 3. Bihar Right to Public Service Act, 2011
•Bihar Act
•Sec. 3, 4, 5----Same as MP
•Sec. 6(1)---Appellate Authority –1st Appeal –30 Days
•Sec. 6(3)---Reviewing Authority –2
nd
Appeal –60 Days
•Sec. 7---Penalty –Not Specified (As per Rules) (Rule 8 –
Rs. 500 to 5,000)
•Sec. 8-----Misconduct –Discipliner Action
•Rules –2011
•Rule 8
•Rule 18
•Penalty-Rs. 500 to 5000 (As per MP)
•Direction & Training
•
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12. 4.The Delhi (Right to Citizen to Time Bound Delivery
ofServices) Act 2011
•Delhi Act ---2011
•Sec. 2--‘Citizen Related Services’ –included in Schedule
•Sec. 5--Citizen empowered to Monitor Status of application online
•Sec. 6--e-governance of Services
•Sec. 7--Penalty –Rs. 10 per day uptoRs. 200 per application
•Sec. 8--Payment of Compensatory Cost to citizen
•Sec. 10--Fixing of Liability on Govt. servant-comp, Act
•Sec. 11--Appeal –within 30 Days-Appellate authority not below Jt.
Secretary
•Sec. 12--Developing culture to deliver Services in fixed review
•Default –not to count as misconduct
•Habitual Defaulter –D.E. (A.A.) ( > 25 Defaults in a year)
•(3) Incentive –Rs. 5,000 to those –No Default in a year –encourage
and enhance efficiency
•Sec. 13--Demand Service Condition
•33--e-SLA Services –Proposed of Diff Depts.
•14--Service Already integrate will e-SLA
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13. 5. The Punjab Right to Service Act 2011
•Sec. 9(1)(a)--Penalty –500 to 5000 –Power with
second appellate authority
•Sec. 10--Revision to Commission, Within 60 days
•Sec. 11--Display of Services & time limit on
website of Dept.
•Sec. 12 –State Commission for Right to Service
•Sec. 13--Commissioners of Commission –1 chief
+ 4 commissioners
•Sec. 17--Powers and factions of commission
•First appeal –Sec 6 (4) –Disposal within 30
Days
•Second Appeal –Sec 7 (2) -Disposed within 60
Days
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14. [email protected] -04th Nov 2014

15. 6 -The Rajasthan Guaranteed Delivery
of Public Services Act, 2011
•Sec. 7--Display of Info. Related to Services on
Notice Board
•(Form 2)
•Similar provisions as in Bihar Act.
•108 Services of Diff Depts. Are Notified
•(Service / Time Limit / Desi. Officer/ 1
St
A.A./ 2
nd
A.A.)
•Disposal of 1
st
Appeal within 21 Days. (Noti-
20/10/2011)
•Implementation Guidelines Issued -पूर्वतयारी)
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16. 7. The Gujarat (Right of Citizen to Public Services) Act
2013
•Sec. 2(C)---‘Days’-mean working days.
•Sec. 5---Designated officer
•Sec. 6(1)---Appointment of Grievance Redressed
officers (GRO like PIO)
•Sec. 10--Appeal –in 30 days
•Sec. 11---State Appellate Authority –3 members
•Sec. 22---Corrupt Act-----------------------------
•Sec. 23(1)---Rs. 1,000 to 10,000 (Desi Off./GRO)
•Sec. 23(2)---Compensation to appellant
•Sec. 23(3)--Disciplinary Action (D.A.)
•Sec. 26--Enforcement of order of State Appellate
Authority as decree or order of a cost.
•Sec. 29--Power to make Rules (Elaborated)
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17. 8. The Himachal Pradesh Public Services Guarantee
Act 2011
•Sec. 6--First Appeal –within 30 Days
•Disposal--within 30 Days (Max –45 Days)
•Sec. 7--Second Appeal –within 60 Days
•Disposal –Time Limit not mentioned
•Sec. 8(1)--Penalty –500 to 5,000 Rs. (Second A. A.)
•Sec. 8(2)--Compensation -not more than penalty.
•B. Rules
•Rule 4--Display of Info on Notice Board & website
•Rule 9--Deposit of penalty amounts / Head
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18. 9.The Kerala Right to Service Act 2012
•Sec. 6---Appeal
•Sec. 6(1)--First Appeal –within 30 Days –with
Prescribed Fee
•Disposal –Stipulated Time
•Sec. 6(4)--Second Appeal –within 60 days with
prescribed Fee
•Disposal –Stipulated Time
•Sec. 8--Penalty –500 to 5000 Rs.
•(1) Fine on Designated officers –Rs. 250 per day
•(Limit 5000 Rs.)
•(2) Fine on first A. A. –500 to 5000 Rs.
•(3) Disciplinary Action
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19. 10. The Karnataka (Right of Citizens to Time
Bound Delivery of Services ) Act 2011
•Sec. 6---Monitoring status of the application online
•Sec. 9--Liability to pay Compensatory cost of Designated officer Rs. 25 per
day per application max up to Rs. 500
•Sec. 10 --Competent officer –Group ‘A’ / powers of DDO
•To Pay compensation cost to citizen
•Sec. 11--Fixing of Liability
•Within 15 days of payment of compensatory cost.
•Preliminary Enquiry before fixation of Liability.
•Sec. 12--Right of appeal by the public servant –to A. A. within 30 days
•Sec. 13 1
st
Appeal by Citizen to Competent Authority with 30 days
•2
nd
Appeal –to Appellate Authority within 60 Days
•Sec. 14---Developing Culture to deliver Services within fixed period.
•Sec. 15---Deemed Service Condition
• Schedule (Sec. 2 (h))
•List of Services, Designate Officer, Stipulated Time, competent Officer,
Time Limit for Disposal of First Appeal, Appellate Authority + Time limit
for Disposal of Second Appeal
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20. 11. Chhattisgarh Lok Seva Guarantee Act,
2011
•Schedule Sec. 2 (h))
•Sec. 4--Penalty –Rs. 100 per day for a period of delay. Maximum up to 1,000 Rs.
•Sec. 5--Competent officer
•Sec. 7--Right to Appeal
•Appeal against order of Competent Officer within 30 days to Appellate Authority.
Disposal of appeal within 45 days.
•B. Rules
•Rule (3)--Authorization of Designate of Officer for delivering Lok Seva.
•Rule (6) -Declaration of Competent Officer (Not Below the Rank of Designated Officer)
•-enquiring the default or delay power to impose cost on Designated Officer.
•Rule (7) -Appellate Officer
•Not below the rank of Competent Officer
•Rule (8)--No fees for appeal.
•Rule (13)
•In case of dismissal or rejection of appeal the designate officer him to pay cost amount
within 7 days.
•Rule (14)--Method for the payment of cost.
•(1) Designated officer to pay
•(2) DDO to Recover from salary Binding on DDU
•Rule (15)--Stipulated Time –Working Days.
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21. 12. The Jammu and Kashmir Public
Services Guarantee Act 2011
•Sec. 3--Right to Public Service
•Sec. 3(1) + 3(2)--Elaborative
•Sec. 6 --First appeal to first A.A. within 30 days --Disposal within 45 days
•Sec. 7--Second appeal to second A.A. within 60 days--Disposal within 45 days
•Sec. 10 --Penalty for noncompliance of orders of A.A. aggrieved person to file
application before second A.A.
•Fine imposed is Rs. 500 to 5,000
•Sec. 11
•Penalty for not providing service
• i) Rs. 250 per day of delay up to Rs. 5,000
• ii) Rs. 2000 in case of deficiency in service
•Sec. 12--Penalty for not deciding the appeal within specified time by F. A.A. --Rs.
500 to 5,000
•Sec. 13---Compensation up to limit of fine imposed.
•Sec. 14--Disciplinary Action
•Second A.A. may recommend Disciplinary Action against Designated officer or
first A.A.
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22. 13. The Uttarkhand Right to Service Act 2011
•Sec. 6---First appeal with first A.A. within 30 days---Disposal within 30 days
•Sec. 7---Second appeal –with second A.A. within 30 days--Disposal within
60 days
•Sec. 9---Penalty –power with second A.A.
• (1) a. Rs. 500 to 5,000 –failed to provide service
• b. Rs. 250 per day for delay period up to Rs. 5000
• (2) Compensation to appellant up to amount of penalty
• (3) Recommend Disciplinary action against defaulters.
•Sec. 10---Revision with Commission within 60 days
•Sec. 12---Constitution of Commission
•Sec. 13---Composition of Commission ---One Chief Commissioner and 2
Commissioner
•Sec. 17---Power and functions of commission
•Commission as in RTI Act
•
•
•
•
•
•
•
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23. 14. The Uttar Pradesh JanhitGuarantee Adhyadesh-
2011
•Sec. 6—Appeal First appeal with first appeal officer
within 30 days.
•Second appeal with Second A. A. within 60 days.
•Sec. 7--Penalty –Power with Second A.A.
• (1) A. Rs. 500 to 5000 -Failure
• B. Rs. 250 per day of Delay period up to 5000
• (2) penalty on first A.A.--Rs. 500 to 5000
• (3) Compensation to appellant
• (4) Recommend Disciplinary Action
•Sec. 8--Revisionwith state Govt. Nominated Officer
•Designated officer or F. A.O. against order of Second
A.A. within 60 days.
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24. 15. The West Bengal Right to Public
Services Act, 2013
•Sec. 6(1)---First appeal with appellate officer within 30 days
•No time limit for disposal
•Sec. 6(3)Second appeal with Reviewing officer within 60 days
•No time limit for disposal
•Sec. 7 -1(a) (b) (2) (3)
•Penalty –power with Reviewing officer
•On Designated Officer -Rs. 250 to 1000 –failed to provide service
•On Designated Officer -Rs. 250 per day up to Rs.1000 –Delay in service
•Penalty on Appellate Officer -Rs. 250 to 1000
•-Recommend Disciplinary Action against Designated officer and first appellate officer
•Sec. 8 -Revision with state Govt. nominated officer within 60 Days
•Not below the rank of Jt. Secretary
•Sec. 9
•( 1) Monitoring of application by Citizen online
•(3) Encouraging and enhancing efficiency of Government employees –To
recommend cash incentive.
•Sec. 12 --Constitution of Commission
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25. [email protected] -04th Nov 2014

26. 16-1. The Goa (Right to Citizens To Bound
Delivery of Public Services) Bill, 2013
•Sec. 3--Elaborative as J & K
•Sec. 6 -Appeal of Appellate Authority (A.A.)
• -Civil court powers-CPC 1908
• -Levy Fine / Compensation against Designated officer up to Rs.
5000
• -Direct Designated officer to pay compensation not exceeding Rs.
3,500 to eligible person.
•Sec. 8--Display of Public Services
•Sec. 9--Monitoring the status of application by eligible person online.
•Sec. 10--e-governance of services
•Sec. 11---Penalty for non compliance of orders of A.A.-Rs. 1000 to 5000
on Designated officer.
•Sec. 12--Penalty for not providing public service
• ( i) Rs. 50 per day up to 2500 in case of failure to provide service
• (ii) Rs. 50 per day up to 2500 in case of delay
• (iii) Rs. 500 in case of Deficiency in service
•Sec. 13 penalty for not deciding the appeal within time Govt. can fine Rs.
1000 to 5000 on A.A.
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27. 16-2. The Goa (Right to Citizens To Bound
Delivery of Public Services) Bill, 2013
•Sec. 14--Compensation
•Sec. 15--Disciplinary Action
•Sec. 17--Disposal of files
•Preferable on same day or in time bound period. (Schedule)
•Sec. 18--Punishment on non disposal of official business
•Rs. 500 per day up to Rs. 5000 of delay in addition to disciplinary proceedings.
•Chief Secretary of State Govt is empowered
•Sec. 21--Administration of Govt. Property
•Criminal offence with fine--Not less than Rs. 10000 up to Rs. Ten Lakhand imprisonment
may extend to Three years.
•Sec. 22--Cognizance and Trial of offences.
•(1) Any noncompliance of provision of the Act, fine of Rs. 10,000 (where no separable
offence and penalty is provided)
•(2) Trial by Principle Session Judge.
•(3) All offences cognizable and Bailable except
• u/s 22-which is cognizable and non-bailable
•Sec. 23--Duty of Authority to protect Every authority concerned
•(a) Public transport, private transport including by road, water, air
•(b) Hospitals / Dispensary
•(c) School / Colleges / Educational Institutes
•(d) Municipal Markets / Shopping Compliances
•Shall be duty bound to prevent any kind of harassment, eve-teasing etc. and to protect
widow, woman, child, PHP, Senior Citizens.
•
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28. 17-1. The Assam Right to Public Services Act
2012
•A. As per RTI Act
•Sec. 8-Appeal
•(1) First appeal to A.A. within 30 days
•(Disposal upto 60 days)
•(2) Second appeal with Reviewing Authority
within 30 days
•(Disposal upto 60 days)
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29. 17-2 The Assam Right to Public Services Act 2012
•A. As per RTI Act
•Sec. 9--Penalty
•(1)(a) Lump sum penalty on Designated officer for
failure to provide notified service as prescribed in the
rules.
•(b) Penalty for Delay on designated officer -as
prescribed in the rules
•(2) Penalty on A.A. by Reviewing Authority as
prescribed in the rules.
•Sec. 10--Non Compliance amounting to misconduct.
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30. 17-3 .The Assam Right to Public Services Act
2012
•A. As per RTI Act
•B. Rules.
•Rule 4--Public Holidays not counted for stipulated time
•Rule 6 --Penalty
•Rs. 200 to 2000 for sec 9(1)(a)
•Rs. 50 per day up to Rs. 2000 for sec 9(1)(b)
•Rs. 200 to 2000 on A.A. and staff for sec 9(2)
•Rule 7--No fee for first and second appeal
•Rule 14--Recovery of penalty by D.D.O
•Rule 16--Publication and Dissemination of guidelines
•
•
•
•
•
•
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31. 18. The Jharkhand Right to Service Act 2011
•A. Act
•Sec. 6--Appeal –First appeal officer within 30 days
•Second A.A. within 60 days
•No time limit for disposal
•Sec. 7--Penalty –2
nd
A.A. Can impose
•Sec. 7(1)(a) Rs. 500 to 5000 –failure to provide service
•Sec. 7(1)(b) Rs. 250 per day up to 5000 for delay period
•Sec. 7(2) Penalty to first A.A. Rs. 500 to 5000
•Sec. 7(3) Compensation to the appellant
•Sec. 7(4) Recommend Disciplinary Action
•Sec. 8--Penalty amount to be deducted from salary
•Sec. 9--Revision with state Govt. Nominated officer within 60 days
•Sec. 10 Constitution of state public service Delivery Commission
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32. 19-1. The Odisha Right to Public Services
Act 2012
•A. Act
•Sec. 5(1) Appeal –within 30 days with authority notified by Govt.
•Sec. 6--Disposal within 30 days
•Revision within 30 days extended upto60 days with authority notified by
Govt.
•Sec. 8---Penalty –power with RevisionalAuthority
•Sec. 8(1)(a) Rs. 500 to 5000 –failure to provide service
•Sec. 8(1)(b) Rs. 250 per day of delay
•Sec. 8(2) Penalty on A.A. –Rs. 500 to 5000
•Sec. 9 Noncompliance amounting to Misconduct
•Disciplinary Action
•Sec. 13--Display in the Public domain –the services and given time limit
•
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33. 19-2--The Odisha Right to Public Services
Act 2012
•B. Rules
•Rule 8--Penalty to be recovered from salary etc. –Head
•Rule 9--No fee appeal or revision
•Rule 18---Dissemination with training
•Rule 21---Awards-Reward to officers for no default in a
year.
•Cash incentive up to Rs. 5000 with Certificate of
appreciation.
•Form 1--Form of Acknowledgement
•Form 2--Form of Notice Board
•Form 3, 4, 5 Registers at different levels.
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34. Odisha Hoarding
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35. Odisha Sunboards
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36. 20-1--Haryana Right to Services Act 2014
•Section 2-‘Service’& ‘Right to Service’ defined
•Section 3 –Provides for designation of :
•Designated Officers
•First Grievance Redressal Authority,
•Second Grievance Redressal Authority
•State Right to Service Commission
•First & Second Grievance Redressal Authority
have been vested with powers of Civil Court for
purposes of inquiry, compelling attendance
and production of evidence
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37. 20-2--Haryana Right to Services Act 2014
•SecondGrievanceRedressalAuthority
empowered
–toimposepenalty…forproveddelayRs.250
perday…notexceedingRs.5000ineach
case..
–toawardcompensationtoappellantupto
Rs.1000.
–toinitiatedisciplinaryactionagainst
employeesfailingtodischargedutiesin
prescribedtimelimit……..
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38. 20-3--Haryana Right to Services Act 2014
•StateRTSCommissionhaspowersto
–EntertainanddeposeoffRevisionapplications
–Tocarryoutinspectionsofofficesentrustedwith
deliveryofservices&officeofFirst&Second
GrivanceRedressalAuthorities…..
–Takesuomotoactionagainstfailuretodischarge
dutywithinprescribedtimelimit..Canimpose
penalty…..
–Recommenddepartmentalaction
–Recommendchangesinproceduresadopted
–Reviewdecisions,giveinstructionsandadd
servicesetc.
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39. 21. The ‘Model Public Services Law
•The‘ModelPublicServicesLaw’wasoneof
theitemsincludedinthePresident’sAddress
toParliamentonthe4
th
June,2009.
•THE PUBLIC SERVICES (PROTECTION AND
REGULATION) BILL, 2009 was prepared and
discussed .
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40. 22. TheRight of Citizens for Time Bound Delivery of
Goods and Services andRedressalof their
Grievances Bill, 2011
•On Dec 20, 2011 this bill was introduced in
Loksabha.
•On Jan 13, 2012 this bill was referred to
Standing Committee
•On Aug 28, 2012 the Standing Committee Report
was submitted.
•This Bill is yet to be passed……..
•This bill provides for citizen charter, time bound
delivery of services and accountability for
redressalof grievances.
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41. Thanks
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