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STUDY OF EFFECTIVENESS OF KERALA RIGHT TO SERVICE ACT 2012 IN

LOCAL SELF GOVERNMENT ORGANISATIONS

Introduction

Every Citizen is entitled to hassle-free public services and redressal of his grievances.
Accordingly, the Right to Services Act represents the commitment of the particular state towards
standard, quality and time frame of service delivery, grievance redressal mechanism,
transparency and accountability. Based on the anticipated expectations and aspirations of public,
standard, quality and time frame are to be drawn-up with care and concern for the concerned
service users. They enable the service seekers to avail the services of the government
departments with minimum inconvenience and maximum speed. For this, there should be clear,
precise and enforceable statements of people’s entitlements to public services. These should be in
the form of Public Service Guarantees. The guarantees should specify the minimum standard of
service provision that service users can expect, and set out the arrangements for redress that
apply should service providers fail to meet the standard promised.” These are expected to
indicate ‘Where to go’ and ‘How to proceed’. On the other hand, it makes the service providers
aware of their duties to attend to the problems of the concerned citizens within a reasonable time-
frame. Thus, the dissemination of information about the Right To Service ’ contents for the
awareness and sense of responsibility and accountability among all are the keys to its practical
application in any area.

HISTORY OF RIGHT TO SERVICE LEGISLATIONS

CITIZENS CHARTER IN UK
The Public Services Law in India owes its origin from the Citizens Charter of UK
promulgated in 1991. Though not been a legal document in the strict sense of law, being an
Agreement of Contract entered into between the citizens and the Public servants, providing for
competent and time bound delivery of services. It sought to add consumer rights to those citizens’
rights, equipping users with the means of seeking personal redress if the services they received
were inadequate. The objective of the Charter was to make public services accountable. That idea
arose from a simple question in UK that if the public service which people have paid for is no
good, why should they not get their money back, as they would have the right to purchase with
any shop or service provider in the private sector.

John Major who was the prime minister of UK in his famous speech explained the need
and intention of citizens charter
It will work for quality across the whole range of public services. It will give support to
those who use services in seeking better standards. People who depend on public services -
patients, passengers, parents, pupils, benefit claimants - all must know where they stand and what
service they have a right to expect

The Citizens Charter of UK aroused interest worldwide leading to establishments of such


initiatives in Belgium (Public Service Users Charter, 1992), Canada (Service Standards Initiative,
1995), Australia (Service Charter, 1997), India (Citizens’ Charter, 1997) and so on.
Effect of Charter in india
The Citizens Charters were introduced in India in 1997, which was voluntary in character.
That was based on the logo “services first” as in UK. The Charters gradually spread through
Central to State Ministries and to their local bodies and organisations. In 2002, a website was
launched by the Department of Administrative Reforms and Public Grievances (DARPG)
towards consolidating the write up on the progresses and improvements resulted out of Citizens
Charters. The instances of implementation of Charters by the Regional Transport Office,
Hyderabad, the Jan Seva Kendras in Ahmedabad and Chennai Metro Water Supply and Sewage
Board are noteworthy during 1997-2004.

In 2005, the service excellence model “Sevottam” was initiated to give a new thrust to the
implementation of the Citizens Charter, both at the Central and State levels. The Centralised
Public Grievance Redress And Monitoring system (CPGRAMS), a web based portal was
launched for lodging complaints by the public, in 2007. In 2009, the Report of the
Administrative Reforms Commission of Citizen Centric governance recommended for making
Citizens Charters effective through implementing Charter for each unit with redress mechanisms
and periodic evaluation of Charters 11. It also recommended for holding officers accountable for
results. It too suggested for suitable mechanism assuring citizens’ Participation in Administration.

RIGHT TO SERVICE AND INDIAN PARLIAMENT

The Central Government introduced bill in Lokshbha, that bill is known as “The Right of
Citizens for Time Bound Delivery of Goods and Services and Redressal of their Grievances Bill
2011”. The bill empowers every individual citizen a right to time bound delivery of goods and
services, and provides for a grievance redressal mechanism. The Bill mandates every public
authority to publish citizens charter within six months, by specifying the various category of
goods supplied and the type of services provided by it. Further the charter must include, the time
within which such goods are required to be supplied or services rendered, the names and
addresses of officer responsible for the delivery of goods and services. The Bill further directed
that every public authority should establish an information and facilitation centre, including
facilities like customer care centre, call centre, help desk and people‟s support centre. The
proposed bill provided for appointment of officers as Grievance Redressal Officers (GRO)in
every administrative units such as central level, state level, district level and sub district
levels,municipalities, and panchayats. The designated officer would have the responsibilities to
receive,enquire into and redress any complaints submitted by the citizens. All grievances are
required to be redressed within a specified time frame not exceeding thirty days from the date of
complaint.
Further if aggrieved individual is not satisfied with such decision, he has a right to prefer an
appeal to the designated authority who shall dispose of such appeal within a period of another
thirty days from the date of appeal. This bill also mandate for the creation of State Public
Grievance Redressal Commissions and the Central Public Grievance Redressal Commission
consisting of Chief Commissioner and other
commissioners. The person aggrieved by the decision of the designated authority relating to
services provided by the State Government may file an appeal to the State Public Grievance
Redressal Commission and in case the service is to be delivered by the Central Government then
the appeal is to be made to the Central Public Grievance Redressal Commission. The authorities
have been provided the power to impose a penalty and award compensation to the complainant.
The Compensation may be extended upto fifty thousand rupees and the same shall be recovered
from the salary of the official against whom the penalty was imposed. In addition, if found guilty
disciplinary action can be initiated against the officer by imposing punishment or penalty as
determined by the disciplinary authority.

In the case of non-redressal of complaint, the burden of proof shall be upon the GRO who
had denied the application request. If the appellate authorities find that the grievance complained
of is part of corrupt practice, the matter shall be referred to the appropriate competent authority
to take action on such corrupt practice, under the Prevention of Corruption Act, 1988. The third
stage of appeal under the bill lies before the Lokpal from the decision of the Central Public
Grievance Redressal Commission. If person is aggrieved with the decision of the State Public
Grievance Redressal Commission an appeal may be made to the Lokayukta.The jurisdiction of
other courts is barred by the bill. In the dispute provisions for redress mechanisms, the central
bill hasn‟t made clear provisions for imposition of penalty, and compensation. It only entrusts
the appellate authorities to impose penalty including compensation, and it further provides that
the appellate authority may order for payment of compensation of an amount which should not
exceed the amount imposed for penalty. The norms for appointing Designated Authority remain
vague under the statute. The scheme of appeal is also found to be complex at the third level,
linking the aspects of anti-corruption and
delivery of public services within a limited time frame.

RIGHT TO SERVICE AND INDIAN STATES

The objective behind the Right to Public Service legislationsis to reduce corruption in
government departments and to promote increase in transparency and accountability. Madhya
Pradesh was the first state in India to enact and implement Right to Service Act on 18 August
2010. Bihar was the second state to pass this legislation on 25 July 2011. Other states like Delhi,
Himachal Pradesh, Kerala,Punjab, Rajasthan, Karnataka, Uttarakhand, Haryana, Odisha,Uttar
Pradeshand Jharkhand have enacted similar legislations conferring right to timely delivery of
services to the citizens.
The general framework of the service delivery legislations is common across the states. The
services are to be provided to the public by the designated officers within a stipulated time. The
public services which are to be provided within a time frame under the legislations are to be
notified through a Gazette notification. Some of the common public services under the various
statutes are issuing caste, birth, marriage and domicile certificates, electric connections, voters
card, ration cards, copies of land records, etc.
If officials fail to provide the service within the given time or if the application is rejected, the
aggrieved person can approach the First Appellate Authority. The First Appellate Authority, after
hearing the matter, may accept or reject the appeal by specifying the reasons in writing. An
appeal can be made from the order of the First Appellate Authority. The Second Appellate
Authority may accept appeal or reject the same by stating the reasons through a written order and
intimate the same to the applicant.
The appellate authority may order the public servant to provide the service to the applicant
and may impose penalty on the designated officer for deficiency of service. The penalty amount
varies from state to state ranging from Rs. 50 to Rs. 5000. The Appellate Authority may even
recommend for conduct of disciplinary proceedings against the errant official. Some of the
statutes also provide for payment of compensation from the penalty imposed on the officer. The
appellate authorities have generally been granted the powers of a Civil Court. The scope of the
legislations is to cover all notified government departments, local authority and specified
services under its preview. The Act mandates that all notified departments and authorities shall
designate an officer responsible for providing the specific services and also notify the Appellate
Authority and a Reviewing Officer.If the citizen is not provided the specific service within the
prescribed time period, the designated officer may be penalised for non-delivery or delay in
services by the appellate authority. Some statutes also provide for cash incentives and certificates
of appreciation for the Government employees who have efficiently performed their duty and no
default have been reported in the financial year.

Indian States which enacted right to service act

State Act title


Punjab The Punjab Right to Service Act, 2011.
Uttarakhand The Uttarakhand Right to Service Act, 2011.
Madhya Pradesh The Madhya Pradesh Lok Sewaon Ke
Pradan Ki Guarantee Adhiniyam, 2010.

Bihar The Bihar Lok sewaon ka adhikar


Adhiniyam, 2011.
Delhi The Delhi (Right of Citizen to Time Bound
Delivery. of Services) Act, 2011
Jharkhand The Right to Service Act, 2011.

Himachal Pradesh The Himachal Pradesh Public Services


Guarrantee Act, 2011.
Rajasthan The Rajasthan Public Service Guarantee Act,
2011.
Uttar Pradesh The Janhit Gurantee Act, 2011.
Kerala The Kerala State Right to Service Act, 2012.
Karnataka The Karnatka Guarantee of Services to
Citizens Act, 2011.
Chhattisgarh The Chhattisgarh Lok Seva Guarantee Act,
2011.
Jammu and Kashmir The Jammu and Kashmir Public Services
Guarantee Act, 2011.
Odisha The Odisha Right to Public Services Act,
2012.
Assam The Assam Right to Public Services Act,
2012.
Gujarat The Gujarat (Right of Citizens to Public
Services) Act, 2013.
West Bengal The West Bengal Right to Public Services
Act, 2013.
Goa The Goa (Right to Time-Bound Delivery of
Public Services) Act, 2013.
Haryana The Haryana Right to Service Act, 2014.
Maharashtra The Maharashtra Right to Public Services Act,
2015

SOME OF THE COMMON FEATURE OF PUBLIC SERVICES GUARANTEE


LEGISLATIONS

1. Departments and Services Covered

The statute specifies the departments and the various services which are to be provided to the
citizens. The statutory notifications are revised from time to time, and the number of services and
the concerned departments are updated regularly. The list of services often includes some of the
basic citizen-centric services such as issuing of ration cards, water connections, death certificates,
driving licences, electricity connections, mark sheets, attestations etc. The delivery of services is
often dependent on a number of factors including the demand from the citizens, willingness of
the departments or their level of efficiency.
2. Time Period
The statutes provide specific time period within which each of the services are required to be
provided. The stipulated time frame differs from State to State. Some of the concerned factors
are the nature of the service provided, the number of applications etc. The time period of service
delivery is measured from the time when an application is submitted to designated officer and the
issuance of an acknowledgment receipt. For example the time taken to register the name of a new
born child in Jammu and Kashmir is a maximum of 7 days after the submission of the application
of a birth certificate. Similarly in Punjab the Housing and Urban Development Department must
sanction Building Plans/Revised Building Plans of a residential place within 30 days of receipt of
the application.

3. Nodal Department
The nodal department is a department who has been assigned by the State government to be
in charge of implementation of the legislation. The nodal department differs from state to state.
Some of the nodal departments are Department of Personnel and Administrative Reforms,
Department of Home, Department of E-Governance, Department of Revenue etc.

4. Appeals
The appellate mechanism under the statute has been differently provided in the different states.
Every State has prescribed different procedures for appeal, number of appeals, implementing
procedures etc. For example in Madhya Pradesh if the application is rejected by the designated
officer then the applicant can file an appeal within 30 days from the date of rejection. Similarly if
the same is again rejected by the First Appellate Officer then the applicant can make a further
appeal to the Second Appellant Authority within a period of 60 days. Similar procedures have
been followed in Bihar, UP and Rajasthan. On the other hand in Punjab and Uttarakhand the
statutes have provided for three rounds of appeal, with the final appeal being made to the special
commission constituted under the statute.

5. Penalty
The various statutes have also provided for payment of compensation and imposition of penalty
on the government officials for default in delivery of services in accordance with the statute. The
penalty amount in a large number states like Madhya Pradesh, Uttarakhand, Delhi, Jammu
&Kashmir, Bihar, Rajasthan, Punjab, Jharkhand, Kerala and Orissa is Rs. 250 per day, with the
total amount not exceeding Rs. 5000, whereas in Delhi and Karnataka the penalty is a paltry sum
of Rs. 10 and Rs. 20 per day respectively. However in most of the statutes the upper limit of the
penalty has been prescribed.

6. Bar of Jurisdiction
The most public services guarantee Act bar the jurisdiction of the civil court and other tribunals.
For example in Himachal Pradesh Public Services Guarantee Act Sec 10, Karnataka SAKALA
Act Sec 18, Maharashtra Public Services Guarantee Act Sec 26, The Goa (Right of Citizens to
time-Bound Delivery of Public Services) Sec 29, Punjab Public Services Guarantee Act Sec 20,
Gujarat Public Services Guarantee Act, Sec 25 etc. It should be noted that the bar of jurisdiction
prohibits multiplicity of litigation, but absence of adequate appellate commissions often compels
the citizens to approach the High Court of Judicature.

IMPLEMENTATIONS AND WORKING OF THE PUBLIC SERVICES GUARANTEE

The implementation of the Public Services Guarantee Acts is done by the State government
through the nodal departments. If we see the actual implementation of the public services
guarantee Act we find that the services provided under the stipulated time are to be provided by
the same departments which were providing them before the enactment of the Public Services
Guarantee Act. The primary change brought by the legislation is notification of services, and
appointment of designated officer and appellate officer. There are some states that have also
constituted Right to Services Commission, such as Punjab and Bihar but most of the state has not
constituted the Services Commission. The Commission includes one judicial member and other
member. When one person applies under the public services guarantee for any notified services
and in case of denial has to make an appeal in the nature of an administrative grievance.
However if both appeals fail, then the person has the only remedy to approach the High Court,
but approaching the High Court is prohibitive for many.
The advantage of the Commission is that the aggrieved person may appeal by making simple
application to an independent quasi-judicial authority having implementation power. A study of
the various state legislations clearly indicates the growing importance of the right to timely
delivery of public services in the lives of citizens, but it is equally important that conscious
efforts should be made to identify the best practices and evolve a set of common practices so that
citizens across the country enjoy their constitutionally guaranteed rights of citizenships equally
without any discrimination.

THE KERALA STATE RIGHT TO SERVICEACT 2012

The Kerala State Right to ServiceAct, 2012 came into force on the 1 st November 2012 as
per G.O (P) No.55/2012/P&ARD. It provideseffective, time-bound redress of grievances of
citizens, delivery of services to the public and making government servants liable in case of
default.

In the first phase, 22 government services, including nine services related to police
department will come under the purview of the legislation. These include certificates of birth,
death, denomination of caste, income, domicile; power connection to households and commercial
shops; domestic water connections; issue of ration cards, etc. The services related to police
department include receipts to complaints filed with police; issue of copy of FIR; police
intervention in grievous crimes; time-bound verification of passport and employment status;
issue of copy of post-mortem report; and releasing vehicles under custody. which provides for
action, including a penalty, against the designated officer if he fails to provide the service within
the time frames.

According to the Act, every government department, local self government institution
and statutory body should, within six months of the commencement of the Act, notify the
services that will be rendered by them and the designated officers for providing services and the
stipulated time limit for doing so. The Act lays down the procedures for filing appeals and the
method of handling appeals by the first and second appellate authorities. The two appellate
authorities will have the powers of civil court in matters of requiring production and inspection
of documents, issuing summons for hearing the designated officer and the appellant and any
other matter that may be prescribed.

Through its induction, the government servants are made answerable in terms of their
functions, duties, commitments and obligations towards the people. Section 5 underlines the duty
of the designated officer, who on receipt of an application for service, will provide it or reject the
application within the time limit, counted from
the day the application is received. In case of rejection, the officer should justify it in writing.

Penalty

According to the Act, the designated officer should provide or reject an application he receives
from the citizens within the time limit, which will start from the day he receives the application.
In case of rejection, the officer will be required to state in writing the reasons for it. The
designated officer is liable to pay a fine not less than Rs. 500 and not more than Rs. 5,000 in case
of breach of terms. The Act in a nutshell makes government servants answerable in terms of
their functions, duties, commitments and obligations towards the people.

LOCAL SELF GOVERNMENT INSTITUTIONS AND IMPORTANCE OF KERALA


RIGHT TO SERVICE ACT

The governing structure in India is made up of three tiers – the central government,
the state government, and the local self-government. The local self-government is made up of
democratically elected representatives of the local people.

Two major forms of local self-government exist in India:

 In the urban areas, that is, in cities and towns, local self-governance is carried out by
municipalities and corporations.

 In the rural areas, that is, in villages, Zila Parishad, block samitis, and panchayats carry out
the functions of local self-governance.

Local self-government is a form of democratic governance where the participation of even the
grass root level of society is encouraged and included.

Self-governing village communities have always existed in India since the earliest of
times. Slowly over a period of time, these village bodies were converted to form Panchayats.
Panchayats or Panchayati Raj is one of India’s oldest local self-government systems. The word
‘Panchayat’ means an assembly (ayat) or five (panch) people who rule (raj).

Elected local self-government bodies came into existence after 1882, when Lord Rippon, the
father of local self-government, took the initiative to create these bodies. At that time, these were
known as local boards.

After the Government of India Act in 1919, village panchayats were firmly established in several
provinces. While Rippon is widely known as the father of local self-government, Mahatma
Gandhi is also a key player in decentralising political and economic power at the grassroots
levels. Gandhi supported the strengthening of village panchayats and ensured the involvement of
local self-governments in all developmental initiatives.

With the passing of the 73rd and 74th Constitutional amendments, it became mandatory for
every state to have rural and urban local self-governments in place and the mechanisms to fund
these bodies. It also became compulsory that these bodies carry out elections every five years.

With the creation of this local governance, rural and urban local bodies were given the
constitutional status that ensured uniformity in their functioning and structure across India.

At present, there are over 250,000 local self-government bodies across the country, with over 3.1
million elected representatives. Out of this, 1.3 million representatives are women.

How is the Local Self-Government System Structured?

In rural areas, there are three governing bodies. At the top is the Zila Parishad, or district
council. The Zila Parishad is made up of panchayat samitis or block councils. Panchayat Samitis
are composed of gram panchayats or village councils. Every village in India has a gram sabha
which includes anyone above the age of 18 years in the village. The gram sabha members have
the right to elect the panchayat members directly.

In the urban areas, there are three local self-governing bodies:

Municipal corporations (Mahanagar Palikas) in areas that have a population of over a million
Municipalities or Municipal Councils (Nagar Palikas) for areas with less than one million
population Nagar Panchayats or Town Councils for areas in the middle of transitioning from
rural to urban In large municipal areas, they may further be divided into wards.

In the case of panchayats, the Panchayati Raj Institutions (PRIs) structure remains the same
across India. Only India’s tribal and scheduled areas are exempted from this system of
governance. A village must have a population of at least 500 people to have a Gram Panchayat.
The panchayat members are elected directly by the villagers, also for a term of five years.
Functions of Local Self-Government

The primary objective of these local bodies is to promote local economic development, social
justice, and infrastructure development. The various functions of the local government include:
1. To build basic infrastructure like transport, roads, power lines, schools, hospitals, etc

2. To construct and maintain community assets

3. To promote the development of agriculture by proper management of irrigation and water


schemes, land improvement, and soil conservation

4. To promote education

5. To enhance health facilities and promote awareness about health

6. To promote small-scale industries of the village

7. To develop social forestry, dairy, poultry, and animal husbandry

The local government bodies are also responsible for implementing a wide variety of schemes
that the state government comes up with to develop rural and urban areas.So for grassroot
development proper functioning of Local self government institutions are necessary.

In Kerala number of services are provided by Local self government authorities and these
services are which directly affect the common man. Services provided by the PRI along with the
time limit , responsible officer and appellate authority are published in official gazette.

SERVICES PROVIDED IN URBAN AREAS

The Director of Urban Affairs issued the notification regarding the Services, Stipulated
time limit, Designated officers, First Appellate Authority and the Second Appellate Authority for
the services rendered to public from 3 Regional Joint Director’s Offices (Kollam, Kochi,
Kozhikode), 6 Municipal Corporations (Thiruvananthapuram, Kollam, Kochi, Thrissur,
Kozhikode, Kannur) and 87 Municipalities for the purpose of the Kerala Right to Service Act,
2012 on 21st January 2021. this include
DETAILS OF THE PUBLIC SERVICES RENDERED FROM 3 REGIONAL
JOINT DIRECTOR'S OFFICES AT KOLLAM, KOCHI, KOZHIKODE
Essential
Documents to
First Second
Sl. be submitted Responsible
Services Time limit Appellate Appellate
No. along with the Officer
Authority Authority
application for
services
1 2 3 4 5 6 7

Application
(Court fee stamp
affixed) in
Registration
Annexure H1 A or
Within 30 Annexure H1 B
1. Architect (Institution)
days after under rule 99
2. Civil
the along with the
Engineering Regional Secretary to
interview, certified copies of Director
(Institution) Joint Local Self
1 on eligibility of Urban
3. Architect Directors Government
payment certificates Affairs
4. Building Designer A&B concerned Department
of mentioned in
5. Engineer A & B
prescribed Annexure H2
6. Structural Engineer
fee (Column 2) under
7. Town Planner A & B
Rule 100 of The
8. Senior Supervisor
Kerala
9. Supervisor A & B
Municipality
Building Rules,
2019

Regional Secretary to
Court fee stamp Director
Joint Local Self
2 License Renewal 15 days affixed application of Urban
Directors Government
with prescribed fee Affairs
concerned Department

Court fee stamp Regional Secretary to


Director
affixed Joint Local Self
3 Duplicate License 15 days of Urban
application with Directors Government
Affairs
Notary attested concerned Department
affidavit
SERVICES PROVIDED BY THE MUNICIPAL CORPORATIONS
First Second
Sl.
Services Time Limit Responsible Officer appellate appellate
No.
authority authority
1 2 3 4 5 6
1. Civil Registration (Birth, Death, Adoption, Marriage)
Through Hospital
kiosk - 1 working Health Inspector
Birth-Death-Still Birth day Health
1.1 designated as Sub- Secretary
Registration Officer
Others - 5 Registrar/Registrar
working days
Health Inspector
Name Inclusion into Birth and Health
1.2 7 working days designated as Sub- Secretary
Death Register Officer
Registrar/Registrar
Health Inspector
Corrections in Birth and Death Health
1.3 15 working days designated as Sub- Secretary
Register Officer
Registrar/Registrar
Online - 2
working days Health Inspector
Issuance of Birth and Death Health
1.4 designated as Sub- Secretary
Certificate Offline - 3 Officer
Registrar/Registrar
working days
Birth Certificate under Section Health Inspector
On the same day Health
1.5 12 of the Births and Deaths designated as Sub- Secretary
of Registration Officer
Registration Act Registrar/Registrar
Birth Registration - Health Inspector
Health
1.6 Registration of Overseas 15 working days designated as Sub- Secretary
Officer
Births Registrar/Registrar

Health Inspector
Birth registration of Adopted Health
1.7 7 working days designated as Sub- Secretary
children Officer
Registrar/Registrar

Birth and Death Registration - Health Inspector


Health
1.8 Non-Availability Certificate 7 working days designated as Sub- Secretary
Officer
(NAC) Registrar/Registrar
Marriage registration and
Regional Director
Issuance of certificate,
1.9 7 working days Secretary Joint of Urban
according to the Hindu
Director Affairs
Marriage Act 1955

Marriage registration and


Issuance of certificate,
Health Regional
1. As per Kerala
1.10 7 working days Inspector/Health Secretary Joint
Registration of Marriages
Officer Director
(Common) Rules, 2008
2.Anand Marriage Registration
2. Buildings
On the basis of
Building Plinth area
Assistant Engineer
Regional Director
Development Permit/Building /Assistant Executive
2.1 30 working days Joint of Urban
Permit Engineer/Executive
Director Affairs
Engineer/
Superintending
Engineer/Secretary

Assistant Engineer
/Assistant Executive
Regional Director
Engineer/Executive
2.2 Hut construction permit 14 working days Joint of Urban
Engineer/
Director Affairs
Superintending
Engineer/Secretary
Assistant Engineer/
Assistant Executive
Regional Director
Telecommunication Tower, Engineer/Executive
2.3 15 working days Joint of Urban
Wells and Wall - Permit Engineer/
Superintendent Director Affairs
Engineer/Secretary
Assistant Engineer /
Assistant Executive
Regional Director
Engineer/Executive
2.4 Building Permit Renewal 15 working days Joint of Urban
Engineer/
Superintendent Director Affairs
Engineer/Secretary
Assistant Engineer/
Development Certificate/ Assistant Executive
Regional Director
Completion Enginee /Executive
2.5 15 working days Joint of Urban
Certificate/Occupancy Engineer/
Superintendent Director Affairs
Certificate)
Engineer/Secretary

Numbering and Taxing of


Regional
New Buildings (In case of Revenue Officer/
2.6 10 working days Secretary Joint
Application along with Superintendent
Director
Occupancy Certificate)
Regional
Revenue Officer/
2.7 Certificate of Ownership 3 working days Secretary Joint
Superintendent
Director
Residential Certificate/ Regional
Revenue Officer/
2.8 Occupancy Certificate 5 working days Secretary Joint
Superintendent
(Occupancy) Director
Regional
Revenue Officer/
2.9 Transfer of ownership 15 working days Secretary Joint
Superintendent
Director
Regional
Revenue Officer/
2.10 Age Certificate of Building 7 working days Secretary Joint
Superintendent
Director
3. License/Registration/Permission
Health Inspector/
IFTES License for Industries Regional Director
Health Supervisor/
3.1 and Businesses (Issuance and 5 working days Joint of Urban
Health Officer/
Renewal) Director Affairs
Secretary
Permit to construct or establish Health Inspector/
Regional Director
Powered (Including Steam Health supervisor/
3.2 30 working days Joint of Urban
Power) Factory, Workshop or Health Officer/
Director Affairs
Workplace Secretary
Health Inspector/
Regional Director
Private Markets - License Health supervisor/
3.3 30 working days Health Officer/ Joint of Urban
(Issuance and Renewal)
Secretary Director Affairs
Health Inspector/
Private Slaughter houses - Regional Director
Health supervisor/
3.4 License (Issuance and 30 working days Health Officer/ Joint of Urban
Renewal) Secretary Director Affairs
Assistant Engineer/
Assistant Executive
License for Private parking Regional Director
Engineer/Executive
3.5 lots and Vehicle Stands 30 working days Joint of Urban
Engineer/
(Issuance and Renewal) Director Affairs
Superintendent
Engineer/Secretary
Movie Theatre Revenue Officer/ Regional Director
3.6 license (Issuance and 14 working days Health Officer/ Joint of Urban
Renewal) Secretary Director Affairs

PPR License (Issuance and


Revenue Regional Director
Renewal)
3.7 Officer/Health Joint of Urban
1. License 21 working days
Officer/Secretary Director Affairs
2. Temporary License 7 working days

Registration of Private Health Inspector/


Regional Director
hospital/ Paramedical Health Supervisor/
3.8 On the same day Joint of Urban
institutions (Issuance and Health Officer/
Director Affairs
Renewal) Secretary
Health Inspector/
Tutorial Institutions Regional Director
15 working days Health Supervisor/
3.9 1. Registration Joint of Urban
7 working days Health Officer/
2. Renewal of Registration Director Affairs
Secretary
Regional Director
Permit for Advertisement Engineer/Revenue
3.10 30 working days Joint of Urban
boards Officer/Secretary
Director Affairs

Permit for Road Cutting


10 working days
1. Water connection Regional Director
3.1 2. Pipeline/Electricity/ Engineer/Secretary Joint of Urban
30 working days
Telecom cable Director Affairs
(TSP/IP/ISP/KWA/KSEB) etc.
4. Welfare Services
Revenue Officer/ Regional Director
4.1 BPL Certificate 3 working days Superintendent/ Joint of Urban
Secretary Director Affairs
Welfare Pension (Old age,
Revenue Officer/ Regional
Differently Abled, Widow, Un
4.2 40 working days Superintendent/ Secretary Joint
married women aged 50 years
Deputy Secretary Director
above, Agriculture Labours)

Inquiry Report on Marriage Revenue Officer/ Regional


4.3 Grants Application for 30 working days Superintendent/ Secretary Joint
Widows Deputy Secretary Director

Revenue Officer/ Regional


4.4 Unemployment Wage 45 working days Superintendent/ Secretary Joint
Deputy Secretary Director

Ayyankali Urban Employment


Health Supervisor/ Regional Director
Guarantee Scheme - Issuance
4.5 15 working days UPA Project Officer/ Joint of Urban
of Jobcard, Provision of
Additional Secretary Director Affairs
Employment

Instantly
Regional
Ambulance Services (Application/ Health Inspector/
4.6 Secretary Joint
(depending on availability) Telephone Health Officer
Director
request)
5. Services for Tax Payers
Regional
Revenue Officer/
5.1 Profession Tax Payment Same day Secretary Joint
Superintendent
Director
Regional Director
Appeals Property/Profession
5.2 15 working days Secretary Joint of Urban
Tax
Director Affairs
SERVICES PROVIDED BY THE MUNICIPALITIES
First Second
Sl.
Services Time Limit Responsible Officer Appellate Appellate
No. Authority Authority
1 2 3 4 5 6
1. Civil Registration (Birth, Death, Adoption, Marriage)
Through Hospital
kiosk - 1 working Health Inspector
Regional
Birth-Death-Still Birth Day designated as
1.1 Secretary Joint
Registration Sub-Registrar/
Others - 5 Director
Registrar
working days

Health Inspector
Regional
Name Inclusion into Birth designated as
1.2 7 working days Secretary Joint
and Death Register Sub-Registrar/
Director
Registrar
Health Inspector
Regional
Corrections in Birth and designated as
1.3 15 working days Secretary Joint
Death Register Sub-Registrar/
Director
Registrar

Online - 2
working days Health Inspector Regional
Issuance of Birth and Death
1.4 designated as Sub- Secretary Joint
Certificate Offline - 3 Registrar/Registrar Director
working days

Birth Certificate under Health Inspector Regional


On the same day
1.5 Section 12 of the Births and designated as Sub- Secretary Joint
of Registration
Deaths Registration Act Registrar/Registrar Director

Birth Registration - Health Inspector Regional


1.6 Registration of Overseas 15 working days designated as Sub- Secretary Joint
Births Registrar/Registrar Director

Health Inspector Regional


Birth registration of Adopted
1.7 7 working days designated as Sub- Secretary Joint
children
Registrar/Registrar Director

Birth and Death Registration Health Inspector Regional


1.8 - Non-Availability Certificate 7 working days designated as Sub- Secretary Joint
(NAC) Registrar/Registrar Director
Marriage registration and
Regional Director
Issuance of certificate,
1.9 7 working days Secretary Joint of Urban
according to the Hindu
Director Affairs
Marriage Act 1955

Marriage registration and


Issuance of certificate,
1. As per Kerala Registration Health Regional
1.10 of Marriages (Common) 7 working days Inspector/Health Secretary Joint
Rules, 2008 Officer Director
2. Anand Marriage
Registration

2. Buildings

On the basis of
Building Plinth area
Regional Director
Development Assistant Engineer
2.1 30 working days Joint of Urban
Permit/Building Permit /Assistant Executive
Director Affairs
Engineer/Executive
Engineer/Secretary

Assistant Engineer Regional Director


2.2 Hut Construction Permit 14 working days /Assistant Executive Joint of Urban
Engineer/Executive Director Affairs
Engineer/Secretary

Assistant Engineer /
Regional Director
Telecommunication Tower, Assistant Executive
2.3 15 working days Joint of Urban
Wells and Wall - Permit Engineer / Executive
Director Affairs
Engineer / Secretary

Assistant Engineer /
Regional Director
Assistant Executive
2.4 Building Permit renewal 15 working days Joint of Urban
Engineer/Executive
Director Affairs
Engineer/Secretary

Development Certificate / Assistant Engineer/


Regional Director
Completion Assistant Executive
2.5 15 working days Joint of Urban
Certificate/Occupancy Engineer/Executive
Director Affairs
Certificate) Engineer/Secretary

Numbering and Taxing of


Regional
New Buildings (In case of Revenue Officer/
2.6 10 working days Secretary Joint
Application along with Superintendent
Director
Occupancy Certificate)
Regional
Revenue Officer/
2.7 Certificate of Ownership 3 working days Secretary Joint
Superintendent
Director
Residential Certificate / Regional
Revenue Officer/
2.8 Occupancy Certificate 5 working days Secretary Joint
Superintendent
(Occupancy) Director

Regional
Revenue Officer/
2.9 Transfer of ownership 15 working days Secretary Joint
Superintendent
Director

Regional
Revenue Officer/
2.1 Age Certificate of Building 7 working days Secretary Joint
Superintendent
Director

3. License/Registration/Permission

Health
IFTES License for Industries Regional Director
Inspector/Health
3.1 and Businesses (Issuance and 5 working days Joint of Urban
Supervisor/Health
Renewal) Director Affairs
Officer/Secretary

Permit to construct or Health


Regional Director
establish Powered (Including Inspector/Health
3.2 30 working days joint of Urban
Steam Power) Factory, Supervisor/Health
Director Affairs
Workshop or Workplace. Officer/Secretary

Health
Regional Director
Private Markets - License Inspector/Health
3.3 30 working days Joint of Urban
(Issuance and Renewal) Supervisor/Health
Director Affairs
Officer/Secretary

Health
Private Slaughter houses - Regional Director
Inspector/Health
3.4 License (Issuance and 30 working days Joint of Urban
Supervisor/Health
Renewal) Director Affairs
Officer/Secretary

Assistant Engineer/
License for Private parking Regional Director
Assistant Executive
3.5 lots and Vehicle Stands 30 working days Joint of Urban
Engineer/Executive
(Issuance and Renewal) Director Affairs
Engineer/Secretary

Movie Theatre Revenue Regional Director


3.6 license (Issuance and 14 working days Officer/Health Joint of Urban
Renewal) Officer/Secretary Director Affairs
PPR License (Issuance and
Revenue Regional Director
Renewal)
3.7 21 working days Officer/Health Joint of Urban
1. License
7 working days Officer/Secretary Director Affairs
2. Temporary License

Registration of Private Health


Regional Director
hospital/Paramedical Inspector/Health
3.8 On the same day Joint of Urban
institutions (Issuance and Supervisor/Health
Director Affairs
Renewal) Officer/Secretary

Health
Tutorial Institutions Region Director
15 working days Inspector/Health
3.9 1. Registration alJoint of Urban
7 working days Supervisor/Heal
2. Renewal of Registration Directo Affairs
th
r
Officer/Secretar
y
Region Director
Permit for Engineer/Reven
3.10 30 working days alJoint of Urban
Advertisementboards ue
Directo Affairs
Officer/Secretar
y r

Permit for Road Cutting


1. Water connection Region Director
3.11 2. Pipeline/Electricity 10 Working days Engineer/Secretary alJoint of Urban
/Telecom cable 30 Working days Directo Affairs
(TSP/IP/ISP/ r
KWA/KSEB) etc.

4. Welfare Services

Revenue Region Director


4.1 BPL Certificate 3 Working days Officer/ alJoint of Urban
Superintendent Directo Affairs
/ Secretary r
Welfare Pension (Old
age, Differently abled, Revenue Region Director
4.2 Widow, Un married 40 working days Officer/ alJoint of Urban
women aged 50years Superintendent Directo Affairs
above, Agriculture / Secretary r
Labours)

Inquiry Report on Revenue Region Director


4.3 MarriageGrants 30 working days Officer/ alJoint of Urban
Application for Widows Superintendent Directo Affairs
/ Secretary r
Revenue Region Director
4.4 Unemployment Wage 45 working days Officer/ alJoint of Urban
Superintendent Directo Affairs
/ Secretary r
Ayyankali Urban
Employment Health Supervisor/ Region Director
4.5 Guarantee Scheme - 15 Working days UPA Project alJoint of Urban
Issuance of JobCard, Officer/Secretary Directo Affairs
Provision of r
Employment

Instantly Regional
Ambulance Services Health Inspector/
4.6 (Application/Tele Secretary Joint
(depending on Health Officer
phone request) Director
availability)
5. Services to Tax Payers

Regional
Revenue Officer/
5.1 Profession Tax Payment Same Day Secretary Joint
Superintendent
Director

Regional Director
Appeals
5.2 15 working days Secretary Joint of
Property/ProfessionTax
Director Urban
Affairs
I Directorate of Panchayats
First Second
Designated
Sl.no Name of Service Time limit Appellate Appellate
Officer
Authority Authority
1. Sanction for inclusion of 15 working Chief Secretary, -
name in the Birth days Registrar of Local Self
Registration (in the case of Births and Government
birth occurred before 01-04- Deaths Department
1970)

2. Sanction for making 15 working Chief Secretary, -


correction in the Birth and days Registrar of Local Self
Death Registration (Birth or births and Government
Death occurred before 01- Deaths Department.
04- 1970)

3. Application for making 15 working The Secretary, -


factual corrections in the days Registrar Local Self
Hindu Marriage Registration General of Government
Hindu Department.
Marriages/
Director of
Panchayats

II Office of the Deputy Director of Panchayats


First Second
Designated
Sl.no Name of Service Time limit Appellate Appellate
Officer
Authority Authority
1. Sanction for 15 working days District Chief Secretary,
Registration of Birth Registrar of Registrar Local Self
(Any birth of which Births and of Births Government
information is given Deaths/ and Deaths Department.
to the registrar after Deputy
30 days but within Director of
one year of its Panchayats
occurrence). (The
Kerala Registration
of Births and Deaths
Rules, 1999)

2. Sanction for 15 working days District Chief Secretary,


inclusion of name in Registrar of Registrar Local Self
the Birth Births and of Births Government
Registration (cases Deaths/ and Deaths Department.
in which the Deputy
difference in date of Director of
birth in Birth Panchayats
Register and School
Records exceeds 10
months)
3. Sanction for Death 15 working days District Chief Secretary,
Registration (Any Registrar of Registrar Local Self
death of which Births and of Births Government
information is given Deaths/ and Deaths Department
to the Registrar after Deputy
30 days but within Director of
one year of its Panchayats
occurrence). (The
Kerala Registration
of Births and Deaths
Rules, 1999)
4. Sanction for Hindu 15 working days District Registrar Secretary,
Marriage Registrar / General of Local Self
Registration Deputy Hindu Government
(cases were Director of Marriages/ Department
marriages could not Panchayats Director of
be registered Panchayats
within 30 days from
the date of marriage)
(The Kerala Hindu
Marriage
Registration Rules,
1957)
5. Sanction for 15 working days Registrar Chief Secretary,
Registration of General Registrar Local Self
Marriages(Common) of Marriages General of Government
(cases were (common)/D Marriages( Department
memorandum has eputy Common)/
not been filed within Director of Director of
5 years) (The Kerala Panchayats) Panchayats
Registration of
Marriage (Common)
Rules 2008)
6. Sanction for making 15 working days Registrar Chief Secretary,
correction in the General of Registrar Local Self
Marriage(Common) Marriages General of Government
Registration (factual (common)/D Marriages( Department
corrections in the eputy Common)/

entry on name, age, Director of Director of


date etc) (The Kerala Panchayats Panchayats
Registration of
Marriage (Common)
Rules 2008)
7. Appeal against the 15 working days Registrar Chief Secretary,
decision of the Local General Registrar Local Self
Registrar of of Marriages General of Government
Marriages (common)/D Marriages( Department
(Common) (The eputy Common)/
Kerala Registration Director of Director of
of Marriage Panchayats) Panchayats
(Common) Rules
2008)

III Office Of Grama Panchayats


First Second
Designated
Sl.no Name of Service Time limit Appellate Appellate
Officer
Authority Authority
1. Registration of (1) On the same day of Local District Chief
Birth (The receipt of the report, Registrar(Bir Registrar Registrar
Registration of If the birth occurs in ths and (Births and (Births and
Births and Deaths hospital (This Deaths) Deaths)/De Deaths)
Act, 1969, The service is applicable /Secretary puty
Kerala Registration for hospitals having Grama Director of
of Births and births and deaths Panchayat Panchayats
Deaths Rules, registration kiosk)
1999) (2) In other cases 7
working days
2. Inclusion of name (1) 7 working days Local District Chief
in the Birth (2) Within 7 days Registrar Registrar Registrar
Registration (If the consequent on the (Births and (Births and (Births and
name is not approval of the Deaths) Deaths)/De Deaths)
included at the time Chief Registrar/ /Secretary puty
of registration). District Registrar Grama Director of
(The Registration Panchayat Panchayats
of Births and
Deaths Act, 1969,
The Kerala
Registration of
Births and Deaths
Rules, 1999)
3. Registration of (1) On the same day of Local District Chief
Death (The obtaining the Registrar Registrar Registrar
Registration of report, If the (Births and (Births and (Births and
Births and Deaths death occurs in Deaths) Deaths)/D Deaths)
Act, 1969) (The hospital /Secretar eputy
Kerala (This yGrama Director
Registration of service Panchay of
Births and at Panchayat
Deaths is s
Rul applicable
es,1999) for
hospitals having
births and deaths
registration
kiosk)
(2) In other cases 7
working days
4. Sanction for late 7 working days after Local District Chief
Registration of getting sanction Registrar(Bi Registrar Registrar
Births and Deaths rths (Births (Births
(The an and and
Registration of d Deaths)/D Deaths)/
Births and Deaths)/Secr eputy
Deaths Act, 1969) etary Grama Director
Panchayat of
Panchayat
s
5. Birth and Death (1) On the same Local District Chief
Certificate day of Registrar(Bi Registrar Registrar
(The Registration registration rths (Births (Births
of Births and under section 12 an and and
Deaths Act, 1969) (2) Others 3 d Deaths)/D Deaths)
working days Deaths) eputy
/Secretar Director
yGrama of
Panchay Panchayats
at
6. Birth 10 working days Local District Chief
Registrati Registrar(Bi Registrar Registrar
onof adopted rths (Births (Births
children an and and
d Deaths)/D Deaths)
Deaths)/Secr eputy
etary Grama Director
Panchayat of
Panchayats
7. Registration of Local District Chief
Births occurred in 30 working days Registrar(Bi Registrar Registrar
foreign countries rths (Births (Births
(As per relevant an and and
Acts and Rules) d Deaths)/D Deaths)
Deaths)/Secr eputy
etary Grama Director
Panchayat of
Panchayat
s

8. Registration of 15 working days Local District Registrar


marriages with in Registrar/Se Registrar/ General
30 days (The cretary Deputy (Hindu
Hindu Marriage Grama Director Marriages
Act, 1955 Panchayat of )/Director
/ The Kerala Panchayat of
HinduMarriage s Panchayat
Registration s
Rules,1957)

SIGNIFICANCE OF THE STUDY

Time bound delivery of various public services are necessary in a country. In india it was
not a legal right or constitutional right hence only available remedy was to seek before
administrative tribunal which only have recommendatory power. Kerala State Right to Service
Act 2012 is introduced in kerala with the aim to provide service to public with in stipulated
period of time.It provides effective, time- bound redress of grievances of citizens, delivery of
services to the public and making government servants liable in case of default. According to the
Act, every government department, local self government institution and statutory body should,
within six months of the commencement of the Act, notify the services that will be rendered by
them and the designated officers for providing services and the stipulated time limit for doing so.

RESEARCH PROBLEM

Service from public authorities are Right of general public as per Kerala State Right to
Service Act 2012 . When it comes to local self government bodies they are responsible for
providing essential services to the general public. The services provided by these authorities are
published in gazette along with the stipulated time for each service. But it is necessary to check
whether the act is functioning properly in the LSG department in Kerala to check the
effectiveness in the implementation of the act.

Research Question

1 Whether general public are aware about the services which are guaranteed by the LSG
department and the redressal measures available to them by the act
2 To what extent the act is effective in kerala as a measure to improve transparency in
Governance
3 Whether current infra structure of the Local self government organization is sufficent to deal
with the demad of service
HYPOTHESIS

The Kerala State Right to Service Act, 2012 is not an effective mechanism to improve
transparency in governance and most of the people are not aware of the act and the redressal
measures. Also current infra structure is not sufficient to deal with the service demands.

OBJECTIVE

1. Analyse the functioning of Kerala Right to service act 2012 with special
reference to local self government department
2. To get clear view about the implementation of the act and the measures to
improve its efficiency by infrastructure development
3. Propose suggestions to improve effective functioning of the act

LITERATURE REVIEW
Arnab Bose: Right to public service delivery in India A Review of six states.
Compare the implementation of right to service act in six states in India and also suggest
methods to improve the act
S K Agarwal: Right to Public Service a Guide
Detailed analysis of Right to Public service and its importance in India and also a
comparative analysis between the acts introduced by each state and union territories.
Sindhu Thulaseedharan: Right to public service in India A new Legal scenario
International perspective of right to service and initiatives in india are discussed
in detail
Yashomati ghosh & shailendra kumar: Right to timely delivery of public services – a necessity for
promoting citizen-centric administration in 21st century india

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