Mr Fadnavis & media: a Right to Service Act already exists!

An enthusiastic Devendra Fadanvis, the new CM of Maharashtra, wants to introduce the Right to Service Act after receiving a ‘vision’ report from the chief secretary. The media is reporting this with equal enthusiasm. However, since 2006, there already is an Act of this kind


Devendra Fadnavis, the new Chief Minister of Maharashtra, during his maiden press conference, talked about bringing in a Right to Service Act (RS Act) for empowering the citizens. However, what he may have missed is the same Act already exists in the state and Maharashtra government just has to make it active by updating the Citizen’s Charter for every department and ministry. In May 2014, Shailesh Gandhi, former Central Information Commissioner and Right to Information (RTI) activist, even conducted a seminar at Moneylife Foundation on using Right to Service Act effectively.

Quoting the new Chief Minister of Maharashtra, media reports say, “People are fed up of the absence of legal recourse in the numerous instances of ineffectual services that they are forced to endure. I have asked each department to come up with a vision report to make legal options available to people. The Chief Secretary will submit his report within a month. We will introduce the Right to Service Act after the report is submitted.”

There is already such an Act. The RS Act or Transfers & Delays Act, as it is popularly known, was passed by the previous Congress-Nationalist Congress Party (NCP) government under the name of “Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2006”. The law was passed in 2006 and its relevant rules came into existence in November 2013. However, the Congress-NCP government preferred not to “implement” the Act by updating the Citizen’s Charter and so it remained hidden from the public. In order to bring this Act to light, Moneylife foundation held a seminar “Make the Government Work for you” on 23 May 2014 with Mr Gandhi.

Mr Gandhi said, 'Citizen’s Charter' forms the soul of this act which according to Section 2 (a) means, “List of facilities or services rendered by the office or Department, together with the time limit for providing such facility or services to the general public.” However, despite brining out relevant rules in November 2013, the state government did not bother to update the Citizen’s Charter. The Citizen’s Charter is updated by May every year.

Here is an example of how the Citizen’s Charter is made useless by babus. The General Administration Department (GAD) published its Citizen’s Charter on 18 July 2014. However, except the first three pages at beginning and one in the end, all other pages of this Citizen’s Charter are published in unreadable format. These pages are in wide format but published in vertical scroll. So either you have to change the direction of the pages every time or rotate your face to read. (see the image below)

One of the main harassments faced by the common people happens when arbitrary transfers and postings of government officials take place. In order to make the transfer policy transparent, section 4 of the RS Act specifies, “The tenure of Government servants will be three years and transfers will normally be made only in April and May of each year. If an officer has to be transferred for special reasons in less than his tenure reasons have to be recorded in writing.”

According to Mr Gandhi, the Act and its Rules needs to be published by every department as this would create awareness amongst the public as well as ensure the civil officers adhere to their deadline. Taken together with the rules, no state government official can delay a response to a citizen's application, representation or complaint for over 90 days.

He emphasised the use of the RS Act with RTI to bring about a change, which will rule out red-tape and harassment of common man. “If you want the government to work for you, you will have to act. It is our responsibility to enforce government accountability by making use of these acts," Mr Gandhi said.

May be it is time for Mr Fadnavis to take stock of laws passed but not yet implemented by the state government and also procure detailed information from the babus on any issue before making any announcement or statement.

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    5 years ago

    Sure enough the Chief Secretary who prepared the new draft bill, knows very well that there is already such a law ,but requires to be amended to make more citizen friendly. Instead of suggesting that, it appears politics has crept in as BJP does not seem to follow or appreciate any law to be adopted as was passed by the Cong-NCP Government.
    AS was explained by Sailesh Gandhi in his article in media when the news of this new act came, the present act should be refurbished by amending Citizen Charter ,time frame for services to be delivered to common citizens by each department or official. Plus there have to be penal provisions by a special authority to be appointed in case of violations or defaults. The present law just nee more teeths and proper rules and authorities for effective implementation.Many states like Rajasthan etc etc. where similar acts are in use but only on paper for lack of citizen awareness and absence of penal provisions and enforcement machinery.

    Devendra Fadnavis sworn in as the first BJP CM of Maharashtra

    Governor Vidyasagar Rao administered the oath to Devendra Fadnavis in the presence of PM Modi, Amit Shah, L K Advani and senior leaders of the BJP and Congress Party in Maharashtra.


    Devendra Fadnavis was officially sworn in as the Chief Minister of Maharashtra, at the Wankhede Stadium today. In a grand ceremony designed and executed by Nitin Desai, Fadnavis became the first BJP leader to become the CM of Maharashtra.


    The elaborate ceremony included entertainment as the guests walked in, stories of leaders such as Shivaji and other Maratha warriors told by Marathi Baana performers.


    Uddhav Thackeray was present on stage as Fadnavis took oath; Thackeray agreed to attend the ceremony only at the last minute, at the personal invitation of Amit Shah and Fadnavis.


    Of the over 5,000 VIPs in attendance, there were statutory dignitaries, MLAs, MLCs, MPs, Consul Generals etc. A separate section housed Bollywood celebrities, sports stars and businessmen.


    The BJP also had 25 lotuses in fishing boats off Marine Drive. The concept was based on former PM Atal Behari Vajpayee’s 1980 poem, in which he said that, he would like to see the lotus blooming in the field of politics one day.


    Other than the CM, 7 other Cabinet Ministers and 2 Ministers of State were also sworn in. Following the swearing-in of the ministers, the new CM took a victory lap of the stadium along with his senior ministers.

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    Devendra Fadnavis to stake claim as Maharashtra's new CM

    After days of rhetoric and u-turns, Devendra Fadnavis set to become new Maharashtra CM


    Devendra Fadnavis was elected the leader of the BJP's legislative party by the party's MLAs at a meeting of the party's newly elected MLAs and senior leaders in Mumbai.


    Rajnath Singh as Central Observer of the BJP, party general secretary (state in-charge) JP Nadda, state poll in-charge OP Mathur and former state in-charge Rajeev Pratap Rudy attended the meeting of the party’s newly elected MLAs to select the CM candidate.


    Fadnavis was widely tipped to be the leader of choice in Maharashtra, however, there had been conflicting reports of Nitin Gadkari and Eknath Khadse both lobbying for the post with both of them putting up a show of strength and support from MLAs.


    Eventually, Gadkari and Khadse both backed off, after discussions in Nagpur and among the BJP central leadership. Rajiv Pratap Rudy told the media that the MLAs had unanimously elected Fadnavis as their leader.


    The BJP legislators led by Fadnavis are expected to visit the Governor soon and stake claim to form the government.

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