Public Service Guarantee Act: People's Right to Service
RAMAN SHARMA
Like the Right to Information Act, the right to Citizens Service law or Jammu and Kashmir Public Service Guarantee Act, 2011 (PSGA) which came into effect from August 2011 is also a pioneering step towards expediting the delivery of services to the people of the State and to fight the menace of corruption. But contrary to the RTI Act, the people are not so familiar with the PSGA or we say it is not so much debated like the RTI.
Though a critical comparison of the Jammu and Kashmir Public Service Guarantee Act 2011 with the Jammu and Kashmir Right to Information Act 2009 makes it clear that the former law is even more citizen friendly and makes each layer of the bureaucracy more accountable besides having provisions for compensation. Recent data released by the State government reveals that till Jan-2013 over 16 Lac applications have been received by departments under the Act.
Under the PSGA, the officers are held responsible not only for delay in delivery of notified service but it is also made clear in the act that any officer who is responsible for providing a service should also ensure that there is no deficit in the service provided to the citizen. Even the appellate authorities are made accountable and the onus is fixed on them to decide the appeals in a time bound manner otherwise like the designated officers (the officers who are responsible to provide service) the appellate authorities can also attract penalties between Rs 250 to Rs 5000 and the citizens who have suffered any loss due to delay in receiving in any service or deficit in service, he may also seek compensation from the officers.
For delay in receiving any service, the citizen can claim out of the amount which is being imposed as fine on the officer and for the deficiency in service a fixed amount of Rs. 2000 can be claimed by the citizen before the appellate authority for the deficit. If a person residing in some rural areas wants to get a new ration card, he has to submit an application with the Tehsil Supply Officer (TSO) of the CAPD and it shall be the responsibility of the TSO to either give new ration to the person within 30 days or reject his application and inform in writing that why ration card cannot be provided. If the TSO fails to provide the ration card within 30 days or if he provides ration card but there is some deficit in the card like, name of the family members, address or any other defect then the citizen who has applied for the ration card can make a 1st appeal to the Deputy Director of the concerned department with the request to either provide the ration card within stipulated period of time and demanding penalty against the TSO and also demand compensation from the amount of the penalty if imposed on the TSO.
Similarly, if any citizen applies for State Subject/PRC, it shall be the duty of the ACR/ADC or the SDM as the case may be to ensure either provide the State Subject within 30 days or give in writing the reason for not issuing the State Subject Certificates within 30 days.
The aggrieved person in this case also demand imposition of penalty against the concerned officer and ask for compensation for the delay. And even if the 1st appellate authority who in case of state subject shall be the concerned deputy commissioner/DC of the district shall also attract penalty if he fails to take a decision on the appeal within 45 days. At present there are over 80 services relating to around a dozen departments which are being notified by the state government under the present act and these departments are liable to provide the notified service to every eligible person.
Departments that are presently covered under the J&K PSGA 2011 are Police, Revenue, Power Development Department, Public Health Engineering/Water department, Irrigation, Consumer Affairs and Public Distribution, Transport Department, Housing and Urban Development, Municipalities, Forest, Industries, Employment, Medical and Health. The provisions /contents of the act are drafted in a very simple language without any lengthy provisions; there are only 18 main sections in the act with further division in sub sections.
Like the main act, the rules called as Jammu and Kashmir Public Service Rules 2011 also contain only 18 rules without any burden of heavy legal phrases. The rules also recommend 6 kinds of forms for different purposes for which the designate officers have to maintain a proper record.
At district level in all the 22 districts, the Additional Deputy Commissioners are being nominated as nodal officers for the smooth implementation of the of the Act besides 12 senior officers from the notified departments are also being designated as State Nodal officers for the implementation of the act in their respective departments. The state government has also established ‘Public Services Management Cell' in theGeneral Administration Department. This cell headed by an officer of the rank of Additional/Deputy Secretary to Government along with other supportive staff.
The 'Public Services Management Cell’ shall monitor implementation of the Act and Rules and would also coordinate with the departments in the matter of inclusion of different services within the purview of the Act. It shall also arrange capacity building program for the Designated Officers/Appellate Authorities independently or through J&K Institute of Management, Public Administration & Rural Development (IMPA). The cell has also to act as feedback centre regarding results/success stories/failures. The PSMC has been assigned the task to Coordinate quarterly reviews by the Chief Minister and evolve mechanisms for third party monitoring of the implementation of the Act, preferably through NGOs, conduct public awareness camps in the districts through DeputyCommissioners and to give wide publicity to the legislation through print and electronic media.
The state government has shown some sincerity. It has made officers responsible for the smooth functioning of the act. Chief Minister is himself monitoring the quarterly review meetings therefore the act can be a mile stone to bring work culture in the state. There also remain some shortcomings like the departments who are being notified to provide certain services to the citizens lack required manpower and infrastructure resulting which many designated officers are not able to provide the notified services to the applicant in stipulated period of time.
Under the Jammu and Kashmir Public Service Guarantee Act 2011, it is mandatory for the designated officers to display notice boards carrying the information related to the right of the citizens for the service, stipulated period of time, name and particulars of the officers officials who are responsible to receive the PSGA applications but there are many offices where there is no such display of boards.
So far only two officers are being penalized under the act for not providing the services well in time which is obviously shocking because the state government has itself admitted that there are many departments which have pendency of applications under PSGA and where the officers have defaulted in meeting the deadline as enshrined under the act to render the service.
There is an urgent need to strictly implement this act, which is otherwise quite powerful and can be prudent to bring bonhomie between people and the bureaucracy. There must be mass awareness about the act for the citizens and the government officers should also be sensitized to follow this law. More and more training and workshop camps be organized for the purpose. Last but not the least, no law or rule can remain alive without the participation of the citizens therefore people must be informed about this powerful law. The youth and women should become the torch bearer in educating the rural population about their right to service which is now guaranteed under this law. The author is an RTI activist and can be mailed at jkrtiact@gmail.com
Under the PSGA, the officers are held responsible not only for delay in delivery of notified service but it is also made clear in the act that any officer who is responsible for providing a service should also ensure that there is no deficit in the service provided to the citizen. Even the appellate authorities are made accountable and the onus is fixed on them to decide the appeals in a time bound manner otherwise like the designated officers (the officers who are responsible to provide service) the appellate authorities can also attract penalties between Rs 250 to Rs 5000 and the citizens who have suffered any loss due to delay in receiving in any service or deficit in service, he may also seek compensation from the officers.
For delay in receiving any service, the citizen can claim out of the amount which is being imposed as fine on the officer and for the deficiency in service a fixed amount of Rs. 2000 can be claimed by the citizen before the appellate authority for the deficit. If a person residing in some rural areas wants to get a new ration card, he has to submit an application with the Tehsil Supply Officer (TSO) of the CAPD and it shall be the responsibility of the TSO to either give new ration to the person within 30 days or reject his application and inform in writing that why ration card cannot be provided. If the TSO fails to provide the ration card within 30 days or if he provides ration card but there is some deficit in the card like, name of the family members, address or any other defect then the citizen who has applied for the ration card can make a 1st appeal to the Deputy Director of the concerned department with the request to either provide the ration card within stipulated period of time and demanding penalty against the TSO and also demand compensation from the amount of the penalty if imposed on the TSO.
Similarly, if any citizen applies for State Subject/PRC, it shall be the duty of the ACR/ADC or the SDM as the case may be to ensure either provide the State Subject within 30 days or give in writing the reason for not issuing the State Subject Certificates within 30 days.
The aggrieved person in this case also demand imposition of penalty against the concerned officer and ask for compensation for the delay. And even if the 1st appellate authority who in case of state subject shall be the concerned deputy commissioner/DC of the district shall also attract penalty if he fails to take a decision on the appeal within 45 days. At present there are over 80 services relating to around a dozen departments which are being notified by the state government under the present act and these departments are liable to provide the notified service to every eligible person.
Departments that are presently covered under the J&K PSGA 2011 are Police, Revenue, Power Development Department, Public Health Engineering/Water department, Irrigation, Consumer Affairs and Public Distribution, Transport Department, Housing and Urban Development, Municipalities, Forest, Industries, Employment, Medical and Health. The provisions /contents of the act are drafted in a very simple language without any lengthy provisions; there are only 18 main sections in the act with further division in sub sections.
Like the main act, the rules called as Jammu and Kashmir Public Service Rules 2011 also contain only 18 rules without any burden of heavy legal phrases. The rules also recommend 6 kinds of forms for different purposes for which the designate officers have to maintain a proper record.
At district level in all the 22 districts, the Additional Deputy Commissioners are being nominated as nodal officers for the smooth implementation of the of the Act besides 12 senior officers from the notified departments are also being designated as State Nodal officers for the implementation of the act in their respective departments. The state government has also established ‘Public Services Management Cell' in theGeneral Administration Department. This cell headed by an officer of the rank of Additional/Deputy Secretary to Government along with other supportive staff.
The 'Public Services Management Cell’ shall monitor implementation of the Act and Rules and would also coordinate with the departments in the matter of inclusion of different services within the purview of the Act. It shall also arrange capacity building program for the Designated Officers/Appellate Authorities independently or through J&K Institute of Management, Public Administration & Rural Development (IMPA). The cell has also to act as feedback centre regarding results/success stories/failures. The PSMC has been assigned the task to Coordinate quarterly reviews by the Chief Minister and evolve mechanisms for third party monitoring of the implementation of the Act, preferably through NGOs, conduct public awareness camps in the districts through DeputyCommissioners and to give wide publicity to the legislation through print and electronic media.
The state government has shown some sincerity. It has made officers responsible for the smooth functioning of the act. Chief Minister is himself monitoring the quarterly review meetings therefore the act can be a mile stone to bring work culture in the state. There also remain some shortcomings like the departments who are being notified to provide certain services to the citizens lack required manpower and infrastructure resulting which many designated officers are not able to provide the notified services to the applicant in stipulated period of time.
Under the Jammu and Kashmir Public Service Guarantee Act 2011, it is mandatory for the designated officers to display notice boards carrying the information related to the right of the citizens for the service, stipulated period of time, name and particulars of the officers officials who are responsible to receive the PSGA applications but there are many offices where there is no such display of boards.
So far only two officers are being penalized under the act for not providing the services well in time which is obviously shocking because the state government has itself admitted that there are many departments which have pendency of applications under PSGA and where the officers have defaulted in meeting the deadline as enshrined under the act to render the service.
There is an urgent need to strictly implement this act, which is otherwise quite powerful and can be prudent to bring bonhomie between people and the bureaucracy. There must be mass awareness about the act for the citizens and the government officers should also be sensitized to follow this law. More and more training and workshop camps be organized for the purpose. Last but not the least, no law or rule can remain alive without the participation of the citizens therefore people must be informed about this powerful law. The youth and women should become the torch bearer in educating the rural population about their right to service which is now guaranteed under this law. The author is an RTI activist and can be mailed at jkrtiact@gmail.com
published in RISING KASHMIR, STATE TIMES, JKNEWSPOINT, Kashmit Times and others
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