1. THE RIGHT TO SERVICE ACT (R.T.S)

2. HISTORY : RTS Citizen’s Charters (C.C.)- first formulated- U.K. 1991
Prime Minister - John Major
Focus : public services towards the needs
and expectations of end-users.
The program modified in 1998 as “Services First”

3. OPERATING PRINCIPLES OF C.C.
Set standards of Service
Be open and transparent
Consult and involve end-users
Encourage access and the promotion of choice
Treat all fairly
Put things right when they go wrong
Use resources effectively
Innovate and improve
Work with other providers

4. C.C. IN OTHER COUNTRIES Australia (Service Charter, 1997)
Belgium (Public Service Users’ Charter,1992)
Canada (Service Standards Initiative,1995)
France (Service Charter,1992)
Jamaica (Citizens’ charter, 1994)
Malaysia (Client Charter, 1993)
Portugal(The Quality Charter in Public Services,1993)
Spain (The Quality Observatory,1992).

5. Citizen’s Charters in India
First in India in Charter for Health Service Providers by Consumer Rights activists - in Central Consumer Protection Council meeting, Delhi.
1996: the Prime Minister - the Citizen’s Charters program on national level.

6. Citizen’s Charters in India contd
May Conference of Chief Ministers- adopted “Action Plan for Effective and Responsive Government at the Centre and the State Levels”
Formulated Charters among ministries, departments and agencies with public interaction.

7. Expected Components in Charters Based on the UK model by DARPG
Vision and mission statements
Details of business transacted by the organization
Details of clients
Details of services provided
Details of grievance redress mechanisms & accessibility
Expectations from clients
DDB & SR

8. Citizen’s Charters in India: Current Status
DARPG website : charters drafted by various government agencies
Central Government: 118
State Government & Union Territories : 711

9. Components of Citizen’s Charters in Karnataka by The Public Affairs Centre (PAC)
Basic information about the department
Standards of services
Grievance redress system
Citizen-friendly criteria

10. CITIZEN CHARTER IN KERALA
Panchayati Raj Act
Muncipalities Act, Sec.563 –A
Ombudusman for L.G.I
Official website & publication of C.C.

11. RIGHT TO SERVICE ACTS IN INDIA
1st implemented - Madyapradesh, 2010 Aug – 26 depts
Punjab : Oct,20th , 2011
Bihar: August 15
Uttarakhand, October 4, 2011
Delhi, April 28, 2011
Himachal Pradesh:October,17, 2011
Jharkhand:Nov.15, 2011
Rajasthan, Sept. 21, 2011
U.P : January 11, 2011
Chattisgarh : Dec.12,2011
J&K : April, 2011
Karnataka : April 2, 2012
Kerala: 2012, July 30th Passed

12. Central RTS Act
The Citizens Right to Grievences Redressal Bill, presented in Lok Sabha

13. The Kerala State Right to Service Act, 2012

14. Government’s one hundred days’ Programme
to enact a legislation to create a system in which
the general public can make the Government servants answerable to their functions, duties, commitments and obligations.
to make them aware of the rights, obligations and entitlements.

15. Statement of Object & Reasons
Good governance essential for sustainable development, both economic and social arena of public life.
Three essential elements of good governance
Transparency,
Accountability and
responsiveness of the administration.

16. Object & Reasons To provide for
-The effective and time bound redressal of grievances of citizens and
- For time bound delivery of services to the general public and
- For the liability of the defaulted Govt. Servants.

17. Service 2(g) Service to be provided by any law or Government orders
to the general public
- by any Department or
- Local Self Government Institution or
- State Public Sector Undertaking or
-Notified Statutory Body

18. within six months of the Act,
Notification of Services, stipulated time limit & designated officer (Sec. 3)
All Govt. Department, Head of Department, Local Self Government Institution and Statutory body shall
within six months of the Act,
Notify - Services that will be rendered with - stipulated time limit
- Designated officers,
-1st & 2nd Appellate Authority

19. Right to obtain services (Sec.4)
Every eligible person have the right to
notified services within the stipulated time limit.

20. Officers under the Act
Designated officer: Officer designated to provide the services. 2(a)
First Appellate Authority :officer notified 2(c)
Second Appellate Authority: 2(h)

21. Duty of the Designated Officer (Sec.5)
On receipt of an application - within the stipulated time limit
provide the service or
reject the application.
On rejection - state the reasons in writing and intimate it to the applicant.
Application to be duly acknowledged - by D.O. or authorised officer

22. 1st Appeal (Sec.6)
On non receipt or rejection - Appeal to the First Appellate Authority (F.A.A.), within 30 days (delay condonation) with prescribed fee.
F.A.A may direct
to provide service within a specified period or
may reject the appeal.
Disposal of Appeal –within a period equivalent the stipulated time limit.
DDB & SR

23. Second appeal
Aggrieved person can appeal to the Second Appellate Authority
within 60 days (condone delay) with fee
Directions:
to provide the service within a specified period or
may reject the appeal.
impose penalty
within a period equivalent to the stipulated time limit.

24. Application to Second Appellate Authority
Any person aggrieved
by a decision of the First Appellate Authority.
Designated officer’s non compliance of First Appellate Authority’s direction.
Designated officer’s non compliance of Second Appellate Authority’s direction.

25. Procedure in Appeal (Sec.7)
Both Appellate Authority
Powers of Civil Court
(a) requiring the production and inspection of documents ;
(b) issuing summons for hearing the designated officer and the appellant; and
(c) any other matter prescribed

26. PENALTY
Offence
Punishment
to whom 1
Designated officer failed to provide the service without sufficient and reasonable cause
Not be less than Rs.500/- & not more than Rs. 5000/-
Designated Officer 2
Designated officer delayed service
Rs.250/- per day for each day’s delay upto Rs. 5000/- 3
First Appellate Authority delayed to decide the appeal
First Appellate
Authority 4
Designated officer or the first appellate authority has without sufficient cause,
failed to discharge the duties.
Recommend for
disciplinary action
Designated Officer &
Orders must be in writing, stating the reasons and given a reasonable opportunity of being heard before imposing such penalty.
DDB & SR

27. Protection of action taken in good faith (Sec.9)
Suit, prosecution or other legal proceeding will not 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.

28. Bar of jurisdiction of Civil Courts (Sec.10)
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.

29. Kerala Police & RTS Notification No. C5/84837/2012/PHQ dated 28-12-2012
Sl.
Service/
Activity
Stipulated time
limit
Designated Office
Designated officer
Ist Appellate authority
2nd Appellate authority 1.
Mike sanction
3 days
D.P.O
DCP/DySP/AC (Admin)
DPC
Range IGP 2.
Procession Sanction
7 days
DPO
SDPO
DySP/AC concerned

30. Sl.
Service/
Activity
Stipulated time
limit
Designated
Office
Designated officer
Ist Appellate authority
2nd Appellate authority 3.
Passport Enquiry
20 days
Special Branch offices in cities / dist
AC/DySP (Special Branch offices in cities / dist)
DPC
Range IGP 4.
Petition Enquiry
15 days from date of receipt of application
Police Station
S.H.O.
C.I. concerned
AC/Dy.S.Pconcerned

31. Sl.
Service/
Activity
Stipulated time
limit
Designated Office
Designated officer
Ist Appellate authority
2nd Appellate authority 5.
Issuing receipt for receiving petition
Same day
Police Station
Women Cell
SHO
C.I. W.C
C.I. concerned
AC/DySP Crime Detachment
AC/Dy.S.P concerned
District Police Chief

32. Sl.
Service/
Activity
Stipulated time
limit
Designated officer
Designated office
Ist Appellate authority
2nd Appellate authority 6.
Copy of F.I.R
Same day
Police Station
S.H.O
C.I. concerned
AC/Dy.S.Pconcerned 7.
Post mortem certificate
3 days from date of receipt of PMC from the Medical authority
S.H.O.

33. Sl.
Service/
Activity
Stipulated time
limit
Designated office
Designated officer
Ist Appellate authority
2nd Appellate authority 8.
Police Clearance Certificate
Enquiry report 15 days
District Police office
District Police Chief cities/districts
Range IGP
ADGP Zone concerned 9.
NOC for Arms & Explosive license
15 days
District Police Office Cities/Districts

34. Sl.
Service/
Activity
Stipulated time
limit
Designated office
Designated officer
Ist Appellate authority
2nd Appellate authority
10.
Job verification
15 days
District Police office
District Police Chief cities/districts
Range IGP
ADGP Zone concerned
11.
Foreigners Registration
7 days
District Police Office

35. Sl.
Service/
Activity
Stipulated time
limit
Designated office
Designated officer
Ist Appellate authority
2nd Appellate authority 12
Releasing of vehicles taken into custody after completing formalities
3 days
Police Station
SHO
Circle Inspector concerned
DySP/AC concerned 13
Service of Summons and execution of warrants
Before the posting date of the case

36. Ist Appellate authority 2nd Appellate authority
Sl.
Service/
Activity
Stipulated time
limit
Designated office
Designated officer
Ist Appellate authority
2nd Appellate authority 14
Enquiry of petitions regarding atrocities on SC/ST
10 days from the date of receipt of the petition by the concerned officer
SMS Units & DySP/AC in SDPOs
DySP/AC concerned
District Police Chief
Range IsGP

37. Curtsey to Adv. D.B Binu
COCHIN CHAMBER OF LAWYERS, PROVIDENCE ROAD KOCHI-18, MOB: WEB:
DDB & SR