Rajasthan Guaranteed Delivery of Public Services Act by GyaanChakshuClasses

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Rajasthan Guaranteed Delivery of Public Services Act-2011

PYQ:
Q.Describe in brief the main characteristics of the Rajasthan Public Service Guarantee Act,
2011. (2016*,5 Marks)
Q.Discuss the salient features of the Rajasthan Guaranteed Delivery of Public Services
Act,2011. (2018,10 Marks).

About Rajasthan Guaranteed Delivery of Public Services Act- 2011:


● Date of Assent by Governor: 21 September,2011.
● Implemented on: 14 November,2011.
● First state to bring this act: Madhya Pradesh
● First state to make provision for penalty for non-compliance: Rajasthan
● Objective:To provide for the delivery of certain services to the people of the State by
public authority within stipulated time limits and for matters connected therewith
and incidental thereto.
● Services covered:
○ Initially Act covered:108 services of 15 Departments.
○ At Present(Keeps changing):287 services of 27 Departments.
● Nodal Department: Department of Administrative Reforms and Coordination.
● Provisions:
○ State Government ➡️ notify
■ Designated officers(D.O), First Appeal Officer(F.A.O), Second Appeal
Authority, stipulated time limits.
○ Designated officer shall provide the notified service within the stipulated
time limit.
■ Designated officer on receipt of an application ➡️ Provide service/
Reject application.
○ Designated Officer will display all relevant information related to the service
on the notice board for public information.
○ Appeal:

First Appeal Officer Second Appeal Authority

Within 30 days (From date of rejection or Within 60 days (From date on which
expiry of stipulated time limit) decision made by First Appeal Officer)

Decision ➡️Order to provide Service/Reject Decision ➡️ Order to provide Service/


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the appeal. Reject the appeal.

Second Appeal Authority-Can impose penalty on Designated Officer and First Appeal
Officer.
● Imposed Penalty would be recoverable from the salary.
● The Second Appellate authority may recommend disciplinary action against him
under the service rules applicable to him.

Penalty on Designated Officer Penalty on First Appeal Officer


⊙Failed to provide service without sufficient ⊙Failed to decide on appeal within
and reasonable cause:₹ 500 to ₹ 5,000 stipulated time limit without assigning
⊙Delay in providing service without sufficient sufficient and reasonable cause: ₹ 500 to ₹
and reasonable cause: ₹ 250/ day; Max: ₹ 5,000.
5,000.

○ Revision: The aggrieved Designated officer or First Appeal Officer may make
an application for revision to the officer nominated by the State Government
within a 60 days from date of that order.
○ Protection of action taken in good faith.
● Amendment in 2013: The Rajasthan Guaranteed Delivery of Public
Services(Amendment) Act,2013:
○ Insertion of new section 8-A:State Government to constitute Commission for
Guaranteed Delivery of Public Services.

● The Commission shall consist of the Chief Commissioner and as many


Commissioners as may be notified by the State Government.
● Term(Chief Commissioner & Commissioner): 5 years or until attains the age of 65
years.
● Qualifications:

Chief Commissioner He/She is, or has been an officer of the State Government in the
rank of the Chief Secretary.

Commissioner He/She is, or has been-


a).An officer of the State Government & holding the rank of the
Principal Secretary; or
b).A District Judge (Period of at least 10 years); or

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c).An eminent person in the domain of public service or social
sector and has worked in those areas at least for a period of 15
years.

● Resignation: To Governor.
● Salary & allowances: As prescribed by the State Government.
● Removal:
1.By an order of Governor if he-

● Becomes an undischarged insolvent ; or


● Engages during his term of office ➡️ paid employment outside the duties of his
office; or
● Is unfit to continue in the office by reason of infirmity of mind or body; or
● Is convicted and sentenced to imprisonment for an offence which in the opinion of
the Governor involves moral turpitude.

2.On the ground of proved misbehaviour or incapacity after the inquiry of the High
Court on a reference being made to it by the Governor.
● Functions:

● Monitor and implementation of act. ●Steps for wide publication of the provision
●Identify problems in implementation of the act to create awareness.
and give suggestions. ●To recommend disciplinary action against
●To have independent evaluation studies officers whom complaints for
to assess the realisation of the objectives non-implementation of the provisions of the
of the act. act are found true after preliminary enquiry.
●Networking with NGOs,social volunteers ●Any other function assigned by the State
to provide feedback. Govt.

● Powers: Same as of civil court.


○ Summoning and enforcing the attendance of any person and examining him
on oath;
○ Requiring the discovery & production of any such documents as may be
predictable in evidence.
○ Receiving evidence on affidavits;
○ Requisitioning any public record;
○ Issuing commission for examination of witnesses;
○ Reviewing its decision,directions and orders.
● Annual and Special reports to: State Government.

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○ Revision: Appeal against Second Appellate authority ➡️ Commission for
Guaranteed Delivery of Public Services within 60 days from date of that
order.
Definitions:-
●Public Authority: It means the State Government and its departments and includes any
authority or body or institution established or constituted by or under any law made by
the State Legislature.
●Stipulated time limit shall start from the date when the application required for
obtaining a notified service is submitted to the designated officer

Features of Rajasthan Guaranteed Delivery of Public Services Act,2011-


1.List of Services: The Act outlines a list of essential public services offered by various
government departments, such as issuing certificates, licences, permits, and other essential
documents.
2.Time-bound Delivery: It mandates specific timeframes within which these services must
be provided. If the service is not delivered within the stipulated time, the concerned officer
or department must provide a valid reason.
3.Service Guarantee: Citizens have the right to receive services mentioned under the Act
within the specified time. Failure to provide services within the set timeframe can result in
penalties for the responsible officials or department.
4.Grievance Redressal Mechanism: The Act establishes a three-tier system grievance
redressal system [through First Appeal Officer(F.A.O), Second Appeal Authority, Commission
for Guaranteed Delivery of Public Services] which allows citizens to file complaints or
grievances in case of service delays or denials. This mechanism ensures prompt resolution
of complaints.
5.Accountability and Transparency:
● The Act emphasises transparency by requiring service providers to:
○ Clearly display timeframes for each service.
○ Maintain records of applications and processing time.
○ Provide citizens with information about their rights and grievance procedures.
● The Act promotes accountability in public service delivery by setting up monitoring
mechanisms to oversee service delivery and penalise instances of non-compliance by
imposing penalties and taking disciplinary action.
6.Citizen Empowerment: By granting citizens the right to essential services and providing a
framework for accountability, the Act aims to empower citizens and strengthen their
interactions with government departments.

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7.Promotion of Good Governance: The Act contributes to the overall promotion of good
governance by streamlining service delivery processes, reducing corruption, and enhancing
public trust in government services.

Advantages of Rajasthan Guaranteed Delivery of Public Services Act,2011.


1. Timely Service Delivery: The Act ensures citizens receive essential services within
stipulated time frames, reducing delays and streamlining the delivery process.
2. Accountability: It holds government officials and departments accountable for providing
services within the specified time. This accountability discourages inefficiencies and
negligence.
3.Citizen Empowerment: By granting citizens the right to essential services and establishing
mechanisms to demand them, the Act empowers citizens, making them active participants
in governance.
4.Reduction of Corruption: Clear timelines and accountability measures reduce the scope for
corruption and malpractices in the delivery of public services.
5.Enhanced Transparency: The Act promotes transparency by establishing monitoring
mechanisms that oversee service delivery, ensuring transparency in the functioning of
government departments.
6.Efficient Governance: It contributes to more efficient governance by optimising service
delivery processes, reducing bureaucratic hurdles, and improving overall administrative
efficiency.
7.Improved Public Trust: Efficient and timely service delivery enhances public trust in
government services, fostering a positive relationship between citizens and the government.
8.Grievance Redressal: The Act provides a structured grievance redressal mechanism,
ensuring prompt resolution of complaints related to service delivery, thereby addressing
citizen grievances effectively.

Challenges:
● Lack of Awareness.
● First Appeal Officer and Second Appeal Authority are from the same hierarchy.It can
raise concerns about bias and lack of impartiality in the appeals process.
● Inadequate Infrastructure.
● Human Resource Shortage.
● Political pressure and interference can impede the Act's fair and effective
implementation. This can lead to favouritism, discrimination, and a reluctance to hold
officials accountable for non-compliance.
● It lacks a robust system for monitoring and evaluating its implementation.

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