YOU Can Get Prompt Action

YOU Can Get Prompt Action

Many Citizens find that when they make applications for certain services or for some corrections or make a complaint or representation to Government bodies they get no response. Now there is a very powerful law in Maharashtra which can empower us, thanks to AGNI for bringing this to our notice. If citizens use it with RTI it can result in better governance and delivery of timely services. Its name is a mouthful: ‘Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act (Act 21 of 2006)’. The first part –Chapter 2- specifies that government servants must have a tenure of three years and should normally be transferred only in April or May. If this is violated reasons must be given. Citizens can use this to curb arbitrary transfers of good officers like Khemka or Pardeshi.

Figure 1 Mountains of files in government offices

The second part, Rule 10 effectively says that no decision on any file can take more than 45 days if a matter has to be decided within the department, and no more than 90 days where other departments have to be consulted. Rule 10 (3) [ 64C for BMC] alongwith the rules requires the competent authority to do a preliminary investigation within 15 working days and take disciplinary action if negligence is established.

In short if an application/complaint/representation has received no response for over 90 days, if the citizen brings it to the notice of the competent authority (Secretary of the department), the Secretary is obliged to take steps to fix responsibility for dereliction of duty.

Figure 2 Officers can be taken to task for ignoring files

If you have received no response to your application/complaint/representation in Maharashtra please send a letter on the following lines to the Secretary of the department:

” I had given my application for……….. on ………….. Since then I have received no communication. I would like to draw your attention to Section 10 of the Transfers and Delays Act 21 of 2006/ ( 64C of the Mumbai Municipal Corporation Act) which mandates that no decision can be kept pending for over 3 months. In the instant case, no decision has been communicated to me despite the lapse of…… months. I request to conduct a preliminary enquiry to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. I request that the report of the enquiry may please be sent to me.

I look forward to your early action in the above matter,”

In a related post,

Babus will no longer be able to ignore files that have been piling up over the years.

New Delhi: The Delhi government has decided to implement a legislation that provides for pay cuts for officials who do not deliver services on time. The legislation has come into effect after six months it ws passed and can be called the Anna Hazare effect.

The state government has scrambled to put into practice the Delhi Right of Citizen to Time Bound Delivery of Services (DRCTBDS) Act, which was passed in March but has been notified now. This was after the Lt-Governor hastened to give his assent to the legislation. It will come into effect from September 15. The Act requires select departments to commit to service-level agreements for delivering services to citizens within a time frame. To start with, the maximum penalty on every defaulting officer has been kept at only Rs. 10 per application per day of delay. This will go up to a maximum of Rs. 200 per application.

“If the consumer complains about the delay, the officer will be asked to explain the reasons. If he doesn’t do this successfully, he will pay the fine out of his salary directly to the consumer,” a Delhi government official said, adding the penalty provisions can be strengthened over time.

The entire process will be monitored by the electronic-service level agreement (e-SLA) which will work on a platform created by Delhi’s information technology department.

Delhi chief minister Sheila Dikshit said she was happy when anti-corruption activist Anna Hazare raised the demand for a citizen charter – guaranteeing time- bound delivery of services – during his protest fast for a strong Lokpal legislation. ‘This Act was scheduled for notification more than four months ago by us, much before such a demand was raised by Anna Hazare. In fact, the demand for a citizen charter in every office has been in operation for a long time in over 60 departments under the Delhi Government,’ Dikshit said.

The chief minister said the Act will empower people in a way like never before and hoped to expand the network of services under the e-SLA. Once the Act comes into effect, the officials concerned will also have to contend with the fact that they could be labeled as ‘habitual offenders’ if they are held responsible for far too many delays. The systemic monitoring through the e-SLA mechanism empowers the state government to proceed against the officials under the conduct rules. ‘Habitual offenders could face administrative action, a departmental inquiry or transfer posting,’ the senior official said.

Rajiv Kakria, consumer activist, said: ‘It is a progressive step but the penalties put on the officials are just not enough.

My only worry is that the Act should not have loopholes like the RTI where the applicants are denied information just long enough to get them frustrated.’ RTI Activist Subhash C Aggarwal said: ‘It is a welcome step. Even the RTI was first implemented in Delhi before the central government notified it. We hope that history will repeat itself and the central government will bring a similar Bill soon as promised to Anna Hazare. If the Bill is properly drafted, it will definitely make a huge impact.’ Meanwhile, one of Dikshit’s critics within her government questioned the timing of the notification, three days after Hazare ended his fast.

‘She is politically savvy. She has seen the frustration and anger among people on corruption. Sheila has been at the receiving end on corruption cases connected with the Commonwealth Games projects,’ he said on the condition of anonymity.

Dikshit’s critic also highlighted the chief minister’s anxiety to stay on the right side of the anti-corruption debate.

He pointed to her statements, including the one on expanding the ambit of Lokpal to include chief ministers, as an instance of this. ‘She is taking these steps to ensure a political future for herself and her son in state politics,’ he said.

For now, the e-SLA agreement will cover at least 28 different services offered by eight or nine departments including Delhi Government, the Municipal Corporation of Delhi (MCD) and the New Delhi Municipal Council (NDMC). Among them are the departments of revenue, food and civil supplies, transport, apart from trade and taxes. The government plans to bring in services offered by the Delhi Police under the e-SLA. Some of the Delhi Police’s services have already got the green light for time- bound delivery of services but currently their officials will not have to pay fines.

‘People will have legal recourse against officials who do not deliver services within a stipulated time,’ a senior official of the state information technology department said. At present the state government is in the process of identifying and notifying officers for each department and the requisite services they will provide.

A state government official, however, denied that the time taken for the notification to be issued for the Delhi Right of Citizen to Time Bound Delivery of Services Act was unjustified. Defending the chief minister, he said apart from the Lt. Governor’s assent, the government had to fix responsibility of individuals, amend rules, processes, fix timelines and notify the names of officers in the departments concerned to look into the complaints.

Source: www.indiatoday.in

http://news.in.msn.com/national/article.aspx?cp-documentid=5406915