THE DELHI (RIGHT OF CITIZEN TO TIME BOUND DELIVERY OF SERVICES) AMENDMENT BILL, 2015, was passed by the state assembly on Thursday. (Please find attached the English/Hindi copies of the bill)
SALIENT FEATURES OF THE AMENDED BILL ARE AS FOLLOWS :
The Government of NCT of Delhi is committed to provide services under ‘Citizen Charter’ in a time bound manner. To give effect to the intention to provide Citizen services in a time bound manner and to compensate the citizen automatically in case of delay in services beyond the prescribed period till the service is provided, the Principal Act has been amended to make it effective and pro-citizens.
The current Act had put the entire onus of getting compensation, fixing the responsibility for delayed services on the ‘citizen’.
These provisions required amendments. The amendments passed by the Delhi Assembly are given below, and these intend to fix the responsibility on the officer(s) responsible for the delay and recover the amount following due procedure.
· Within 30 days of notification, every department to put out comprehensive citizens charter.
· Responsibility fixed with Head of Department
· Free of cost dissemination and digitization of all forms and information
Complete e-governance of citizens charter to increase transparency and publicity of information of citizen services
Section 7 and 8: (read together)
· We have removed the burden of proof of paying compensation from the citizen (who had to earlier claim it) to now a compulsory cost imposed on the public servant who will need to pay up.
· Payments to be made every 30 days.
· Payment schedule to be taken from competent authority. it shall be the duty of the concerned competent officer to ensure that the compensation as per section 7 is paid to the applicant within days as prescribed under the rules on which the service is provided failing which the citizen shall be paid double the said amount and it shall be deducted from the salary of the competent authority. In case the services are not provided for more than 30 days after the due date as per the citizen charter the competent officer shall ensure that the compensation for 30 days period is paid immediately and similarly payments made for any further delay of 30 days period.
· Maximum of Rs. 200 per application has been removed. Payment schedule to be based on daily rate of service delayed which will proportionately increase over time.
Section 9 and 9A (Monitoring)
· Person not below the rank of Deputy Secretary to be made competent officer
· Key duties include monitoring, status update, verification of details, regular online updation of status, compensation payment in case of delay and other right to service related issues.
· On inability to maintain compliance, Deputy Secretary will be held responsible and accountable.
Section 9B: Wrongful rejection for a citizen related service
· Very often citizens are rejected basic services and amenities on frivolous grounds of some documentation that isn’t required as a tactic to increase time taken or encourage bribery
· Competent officer is to also clarify the documents required for every service and impose penalties from salaries where officers reject applications wrongfully
Section 10: Liability payment
· Deduction from guilty officer’s salary to be made in 3 months by competent officer unless stayed by appellate authority
· Competent officer to enforce else he will be penalized
Section 11: Appellate Authority Timeline
· Reduction from 30 days to 15 days for appellate authority to confirm or set aside orders.
· If stayed or set aside, enquiry and fresh order in total of 2 months.
Section 12A: Service Performance Incentive Fund (HIGHLIGHT THIS FOR SURE)
· Encouragement to exemplary officers by incentives
· Public awards and incentives to on-time service delivery
· This is great for honest officers who will actually end up making a lot of money by incentives by showing great performance.