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Kerala Legislative Assembly Central Hall
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By Nebil Nizar/myidnebil@gmail.com
Thiruvananthapuram: For Further
expanding transparency and accountability, and putting an end to nepotism, favoritism, red tapism
and corruption, much hyped The Kerala Right to Service Act shall
come into force from the first day of November 2012.
Hon’ble Chief Minister Shri.
Oomen Chandy earlier described this landmark piece of Legislation as People’s
Magna Carta. He further added that this legislation would ensure that service
from Government is no longer a charity but right of every citizen in the state.
The Enactment would empower every eligible
person the right to obtain government services in a time bound manner. Departments
of the Government, Head of Departments, Local Self Government and every
statutory authority come under the purview of this enactment.
Issuance of death and birth certificate, denomination of caste, income and
domicile, electricity and water connections, issuance of ration cards, time
bound passport verification, receipts for police complaints, FIR copy, police
intervention in grievous crimes, issuance of post mortem report, releasing of
vehicles under custody are some of the services included in this new Act.
A citizen has to file an application for getting a service. If the authority
fails to perform its duty within the
stipulated time, then the applicant may prefer an appeal to First Appellate
authority within a span of 30 days. The decision of the first appellate
authority may be challenged before the Second Appellate Authority within 60days
from the date of decision of First Appellate Authority . If the authority find
latches on the part of Government servant in providing time bound service, may
direct the designated officer to provide service, and impose a fine not less
than five hundred rupees and not more than five thousand rupees.
The First and Second appellate authority shall have the same powers as vested
in a civil court while trying a suit under Code of Civil Procedure, 1908
(Central Act 5 of 1908) in respect of matters requiring the production and
inspection of documents, issuing summons for hearing the designated officer and
the appellant, and any other matter which that may be prescribed.
Act also bars the jurisdiction of
Civil Court to entertain any suit, application or other proceeding in respect
of any order issued under this Act.
This pioneer enactment based on
UK Citizen’s Charter, 1991, is expected to make a qualitative change in the
functioning of government offices.
Given below is the text of Bill as passed by the Kerala Legislative Assembly on
July 12 2012.
THE
KERALA STATE RIGHT TO SERVICE BILL, 2012
A
BILL
to provide for
the delivery of services to the general public within the stipulated time limit
and for matters connected therewith and incidental thereto.
Preamble.—WHEREAS, it is
expedient to provide for the delivery of services to the general public within
the stipulated time limit ;
BE it enacted in the Sixty-third
Year of the Republic of India as follows :—
1. Short title and commencement.—(1) This Act may
be called the Kerala State Right to Service Act, 2012.
(2) It shall come into force on
such date as the Government may, by notification in the Gazette, appoint.
2. Definitions.—In this Act, unless the context
otherwise requires,—
(a) “designated officer” means an officer designated as such under section
3 for providing the services as per the provisions of this Act;
(b) “eligible person” means a person who is eligible for the services
notified under section 3;
(c) “first appellate authority” means an officer notified as such
under section 3 ;
(d) “Government” means the Government of Kerala ;
(e) “prescribed” means prescribed by rules made under this Act ;
(f) “right to service” means the right of an eligible person to
obtain a service within the stipulated time limit ;
(g) “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 from 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;
(h) “second appellate authority” means an officer notified as such under
section 3 ;
(i) “stipulated time limit” means the maximum time limit notified under
section 3 to provide the service by the designated officer or to dispose of an
application for such service.
3. Power to notify services, stipulated time limit, designated officer
etc.—
Save as otherwise provided in any
other law for the time being in force, every Department of the Government,
every head of Department, every Local Self Government Institution 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.
4. Right to obtain services.—Every
eligible person shall have the right to obtain the services notified under
section 3 within the stipulated time limit.
5. Duty of the designated officer.—(1) 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.
(2) An application received under sub-section (1) shall be duly acknowledged
by the designated officer or by the officer authorised by him to receive such
application.
(3) The stipulated time limit shall start from the date on which the
application is received.
6. Appeal.—(l) Any person, who does not receive
the required service within the stipulated time or whose application is
rejected under sub-section (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:
Provided that the first appellate
authority may admit the appeal after the expiry of the period of thirty days if
the authority is satisfied that the appellant had sufficient cause for not
filing the appeal in time.
(2) The first appellate authority may direct the designated officer
to provide the service within a specified period or may reject the appeal.
(3) An appeal under sub-section (1) shall be disposed of within a period
equivalent to that of the stipulated time limit.
(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 :
Provided that the second appellate authority may admit the appeal after the expiry
of the period of sixty days if that authority is satisfied that the appellant had
sufficient cause for not filing the appeal in time.
(5) The second appellate authority
may direct the designated officer to provide the service within a specified
period or he may reject the appeal.
(6) Where the second appellate
authority finds that there is no sufficient reason for not giving the service
within the stipulated time limit he may, along with the direction to provide
the service, impose penalty as provided in section 8 (7) An appeal under sub-section (4) shall be disposed of within a period
equivalent to that of the stipulated time limit.
(8) Where the designated officer does not comply with the direction given
by the first appellate authority under sub-section (2) of this section, the person
aggrieved by such non-compliance may file an application directly to
the second appellate authority
and such an application shall be disposed of in the same manner in which a
second appeal is to be disposed of under this Act.
(9) Where the designated officer does not comply with the direction
for providing the service under sub-section (5) of this section, then the
person aggrieved by such non-compliance may file an application directly to the
second
appellate authority and such an
application shall be disposed of in the same manner in which a second appeal is
to be disposed of under this Act.
7. Procedure to be followed in appeal.—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
(c) any other matter which may be
prescribed.
8. Penalty.—(1) Where the second appellate
authority finds that,—
(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 hundred
and fifty
rupees per day for each day’s
delay the sum of which shall not exceed five thousand rupees :Provided that the
designated officer shall be given a reasonable opportunity of being heard
before imposing such penalty.
(2) Where the second appellate authority finds that the first
appellate authority has failed to decide the appeal within the time limit 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 hundred rupees and not more than five thousand rupees : Provided that
the first appellate authority shall be given a reasonable opportunity of being
heard before imposing such penalty.
(3) 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.
9. Protection of action taken in good faith.—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
thereunder.
10. Bar of jurisdiction of Civil Courts.—No civil court
shall entertain any suit, application or other proceeding in respect of any
order issued under this Act and no such order shall be called in question
otherwise than by way of an
appeal under this Act.
11. Power to make rules.—(l) The Government may, by notification
in the Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made under this Act shall be laid, as soon as may be after
it is made, before the Legislative Assembly while it is in session for a total period
of fourteen days which may be comprised in one session or in two successive
sessions, and if, before the expiry of the session in which it is so laid or
the session immediately following, the Legislative Assembly makes any modification
in the rule or decides that the rule should not be made, the rule
shall thereafter have effect only in such modified form or be of no effect, as
the case may be; so however that any such modification or annulment shall be without
prejudice to the validity of anything previously done under that rule.
12. Power to remove difficulties.—(1) Where any
difficulty arises giving effect to the provisions of this Act, the Government
may, by order published in the Gazette, as occasion may require, do anything,
which are considered
necessary for them and not
inconsistent with the provisions of this Act or the rules made thereunder, for
the purpose of removing such difficulty: Provided that no such order shall be
issued under this section after the expiry of two years from the date of
commencement of this Act.
(2) Every order issued under sub-section (1) shall be laid before
the Legislative Assembly as soon as may be after it is issued.
