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INTERNATIONAL INDIA
IC
SE
PUB
ICES
RV
DELIVERY
Right to
Public Services
A Guide
S K Agarwal
TI India's Programmes
v
Implementation of Lok Pal (Parliamentary Ombudsman) Act.
v
Appointment of Lakayuktas (State-level Ombudsman) in all States.
v
Bring all Political Parties under the RTI Act
v
Compulsory audit of accounts of political parties.
v
Electoral reforms to prevent criminals from contesting
elections and holding the position of power.
v
Enactment of a legislation for forfeiture of illegally acquired property.
v
Speedy trial of criminal cases against Ministers, MPs and MLAs.
v
Enforcement of the Whistle Blower's Protection Act.
v
Effective implementation of UN Convention Against Corruption.
v
Propagates tools like Citizens' Charters, Right to Services Acts,
RTI Act, Social Audit, e-Governance, etc.
v
Advocacy of Integrity Pact to prevent corruption in contracting and
procurement.
v
Pahal: Shaasan Sudhaar Ki Ore (Initiative: Towards Improving
Governance)
v
Advocacy & Legal Advice Centres (ALAC)
v
Introduction of Pact for Corruption-free Development
v
Conduct studies about levels of corruption and initiatives to combat it.
v
Organize seminars and workshops on aspects of governance.
v
Filling of Public Interest Litigations (PILs)
TRANSPARENCY
INTERNATIONAL INDIA
Right to
Public Services
A Guide
S K Agarwal
Disclaimer
Every effort has been made to verify the accuracy of the
information contained in this Report nevertheless,
Transparency International India or the compiler of the report
are not responsible for its correctness or in other contexts.
Policy recommendations reflect only Transparency
International Indias opinion. They should not be taken to
represent the views of those quoted or interviewed unless
specifically stated.
All legal issues are subject to Delhi Courts Jurisdiction.
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Project Office : 37, National Park,
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Email: info@transparencyindia.org;
tiindia.newdelhi@gmail.com
Website: www.transparencyindia.org
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19
21
22
23
24
25
25
Kerla
26
Chhatisgarh
Uttarakhand
Odisha
Assam
Gujarat
West Bengal
Goa
Central Government (Proposed Bill)
Appendix
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49
PREFACE
In its 12th Report, the Second Administrative Reforms
Commission has, among others, recommended to introduce
hessel-free delivery of public services. It was accepted by the
Government of India. Accordingly, since June 2009 the
Department of Administrative Reforms & Public Grievances
(DARPG) is in the process of getting the Citizens Charters
reviewed and revised both at the Centre and the State/Union
Territories. In addition, the Department Related Parliamentary
Standing Committee has also made a similar recommendation.
Since then, about 19 states have so far enacted their Right to
Services Acts, the Centres proposed Right of Citizens For Time
Bound Delivery of Goods & Services & Redressal of Their
Grievances Bill 2011 have lapsed. While all these acts can be
hailed as a model for other states, such measures need to be
encouraged to increase the scope for reforms and ensure
smooth delivery of services to the people and crack down on
erring officials. We now feel that there is a need to widen the
awareness about these acts and their review in consultation with
all the stakeholders keeping the above provisions in mind.
While the move to enact the Right to Services Acts is laudable, it
needs to buttress it with certain measures to give the law real
teeth. For this, shortcomings in infrastructure and e-governance
have to be overcome, adequate staff must be appointed and a
computer-literate workforce must be created. Information and
Communication Technology is a vital cog in the timely delivery of
services and hence streamlining e-governance applications
across government departments is vital. Lack of standardised
digital workflow will be a stumbling block in the implementation of
the proposed law.
of the most troubled sections of our society due to their slow and
painful process in performing their duties. As a result, the common
man, who is entitled to avail hassle-free public services and
information thereof, has to face a lot of problems and pay bribes to
avail the needed public services.
How it works?
The common framework of the state legislations includes,
granting of "right to public services", which are to be provided to
the public by the designated official within the stipulated time
frame.
The public services which are granted as a right are generally
notified through Gazette notification.
Some of the commonly provided public services, including
issuing caste, birth, marriage and domicile certificates, electric
connections, voters card, ration cards, copies of land records,
etc., within the fixed time frame.
On failure to provide the service by the designated officer, the
aggrieved person can approach the First Appellate Authority.
The First Appellate Authority, after making a hearing, can accept
or reject the appeal by a written order stating the reasons and
intimate the same to the applicant. It can order the public
servant to provide the service to the applicant
An appeal can be made against the order of the First Appellate
Authority to the Second Appellate Authority, who can either
accept or reject the application, by stating the reasons for the
order and intimate the same to the applicant. It can order the
public servant to provide the needed service to the applicant
and/or can impose penalty on the designated officer for
deficiency of service without any reasonable cause. Penalty
rates vary from state to state. Besides, it may recommend
disciplinary proceedings.
The applicant may be compensated out of the penalty imposed
on the officer.
The appellate authorities has been granted certain Civil Court
powers while trying a suit under Code of Civil Procedure, 1908,
like production of documents and issuance of summon to the
8
TRANSPARENCY
INTERNATIONAL INDIA
Fight
AGAINST
ALAC
Advocacy & Legal Advice Centre
Anti Corruption Help-lines
Just Call
BHOPAL - 09009-99-23-23
10
Delhi (Right of
Citizen to Time
Bound Delivery of
Services) Act, 2011
Rajasthan
Uttar Pradesh
Delhi
Punjab Right to
Services Act
96
Rajasthan Public
Service Guarantee
Act, 2011
Bihar
Punjab
13
Madhya
Pradesh
149
108
50
Madhya Pradesh
Lok Sewaon Ke
Pradan Ki
Guarantee
Adhiniyam, 2010
52
Act title
State
Number of
Services
11
22
15
10
16
Nodal
Department
Department of
Information
Technology
Rs. 250 per day, Department of
max Rs. 5000
Governance
Reforms
11
Chhattisgarh Lok
Seva Guarantee Bill,
2011
Chhattisgarh
Karnataka
Kerala
45
The Karnataka
(Right Of Citizens to
Time Bound
Delivery Of
Services) Bill, 2011
Himachal
Pradesh
12
Himachal Pradesh
Public Services
Guarantee Act, 2011
Jharkhand
139
22
334
54
Jammu &
Kashmir
20
20
45
36
Haryana
Department of
Personal and
Administrative
Reforms
Depart of Home
Affairs
Not Available
Min Rs 1000
Max Rs 5000
12
Odisha Right to
Public Services Act,
2012
Assam Right to
Public Services Act,
2012
Gujarat (Right of
Citizens to Public
Services) Act, 2013
Odisha
Assam
Gujarat
West Bengal
Goa
55
56
63
14
10
10
Administrative
Reforms and
Training
Department
Reward
upto Rs 1,000
as incentive
Upto Rs 10,000
Central : http://darpg.gov.in/darpgwebsite_cms/document/file/Citizens_Bill131.pdf
Citizen's Charter
Central
and Grievance
Government
(Proposed Bill) Redressal Bill 2011
The Uttarakhand
Right to Service Act,
2011
Uttarakhand
MADHYA PRADESH
Madhya Pradesh was the first to enact its Lok Sewaon Ke Pradan
Ki Guarantee Adhiniyam-2010 (Madhya Pradesh Public Services
Guarantee Act 2010) in the country. It guarantees the delivery of
public services in a stipulated time frame. If concerning officials fail
to perform their duties, they will have to pay a fine varying from Rs.
250 per day to Rs. 5,000. The fine so received would go the
applicants as compensation. This legislation will further improve
citizen charter arrangement. It is well-considered and solely aims at
guaranteeing effective delivery of public services to the people in a
stipulated time limit. The nodal department is Department of Public
Service Management.
It has notified 52 services in 16 departments. The services range
from electricity connections in the Power Department, maternity
and marriage aid in the Labour Department, copies of
Khasra/Khatauni in Revenue Department, Income and Domicile
Certificates in General Administration Department to Social
Security Pension, Old Age Pension, benefit of National Family
Welfare in the Social Welfare Department. For details of service
delivery standards, see page 56.
The Right to Service process consists of three stages
1. Submission of initial application: Designated Officers (DO)
receive new applications and are required to either provide the
service in a prescribed time limit or reject the application with
proper justification.
2. First appeal: To receive first appeal within 30 days from the date
of rejection of initial application or on expiry of the prescribed
time limit, citizens must contact the First Appellant Officers
(FAO) (usually a mid-level official such as a sub-divisional
officer, and sometimes a higher level official like the district
collector) to file a first appeal within thirty days of the rejected
application or expiry of the prescribed time limit. The FAO will
either confirm the DOs rejection or order him/her to extend the
service.
3. Second appeal: A second appeal can be made with the Second
Appellant Authority (SAT) (usually a higher level official such as
a district collector or, if the first appeal was to the district
13
BIHAR
Following the Madhya Pradesh Public Services Guarantee Act, the
Bihar government has put in place its Right to Service Act (RSA)2011 making it mandatory for the state government and its
agencies to extend services to people within a stipulated time
frame with effect from August 15, 2011. Initially, the RSA covered 30
services. These services include police verification report for
passports (seven days); post-mortem report (three days); caste
certificate (within a fortnight), education, road transport, driving
license, banking services, kisan credit card, ration card, FIR
enquiry, health, food and civil supplies, social welfare and power,
etc. The faults in electricity connection will be set right within four
hours. Now, the people will no longer need to run around offices
and grease the palms of employees to get their work done after this
act. The Govt. also intends to constitute a state public service
delivery commission to achieve the objectives of the act. Thus, this
act makes government officials accountable and help the
government weed out corruption from the grassroots level to the
top. Nodal department is General Administration Department.
So far Bihar has 50 notified services. These include services in the
Commercial Tax department, Human Resource Department
(Scholarships, mark-sheets, university attestations), Registration,
issue of all licenses (not only duplicate copies) in Transport
Department and decision on application for determination of
Right To Public Services
14
RAJASTHAN
With an aim to provide public services in a time-bound manner, the
Rajasthan government has implemented the Rajasthan
Guaranteed Delivery of Public Services Act, 2011 to ensure
effective time-bound delivery of 108 services of 15 major
government departments with a provision of cash penalty for the
offenders. This Act includes services pertaining to departments of
Police, Finance, Energy, Medical, Traffic, Public Health
Engineering, Food, Housing, Water Resources and Social Justice
among others. As per the provisions of penalty, the competent
appellate officer may impose a penalty of at least Rs 500 and not
more than Rs 5,000. The appellate officer may also impose a
penalty of Rs 250 per day on undue delay. Currently 153 important
services of 18 departments are incorporated in Act.
Right to Pink-slip Babus (Right to Hearing Act) provides Aam
Admi An Opportunity To Demand Accountability
Besides RTS, the Rajasthan Government has also enacted and
implemented Right to Hearing (RTH) Act for ensuring a rightful
hearing to redress grievances. It provides citizens an
opportunity to demand accountability. It has three simple steps
By creating a single window, Rozgar Sahayaks at every
panchayat have been made responsible for accepting
grievances and applications from people everyday between
fixed hours at the Rajiv Gandhi Seva Kendras rechristened
Public Hearing Assistance Booths.
A pink receipt is given for all grievances lodged and every Friday
all officers assemble at the panchayat, block or district level for
an open public hearing. The applicant must be given a hearing
within 15 days and a written reasoned order is to be given by the
officer concerned within seven days after that. The whole cycle
is completed within 21 days, and any delay or violation attracts a
penalty.
Tested on a pilot basis first in Rajsamand, the Rajasthan
government issued guidelines in April 2013 making the format
compulsory across the state.
Right To Public Services
16
UTTAR PRADESH
Generally, no time-limit was fixed for the delivery of public services
providing by various departments of the Uttar Pradesh
Government. There was neither any competent designated officer
for delivery of such services within stipulated time-limit nor their
responsibilities were fixed, due to which the people of the State
were facing difficulties. It was, therefore, decided to make a law to
ensure delivery of services to the people of the State within
stipulated time-limit. Accordingly, the Uttar Pradesh Government
enacted a Janhit Guarantee Adhyadesh (Act) for delivery of public
services by various departments. In the first phase, services of
revenue, urban development, health & medical, and food & civil
supplies have been included and the maximum services notified
are in the Revenue Department, with mutation, birth and death
certificates, water connection, disability certificate and issue of APL
ration cards, duplicate copy of driving license and registration
certificate being some services chosen from the other
departments. The Nodal department is Department of revenue. For
details of service delivery standards, see page 57.
Penalty : If it is proved that any designated officer has failed to
provide any service within a specified period, the appeal officer can
impose a penalty of Rs 250/- per day to a maximum of Rs. 5,000.
The designated officers have been given powers of civil court under
Civil Procedure Code.
Appeals : If the application is rejected by the officer-in-charge, the
17
applicant can file an appeal with the First Appellant Officer (FAO)
within 30 days of the date of rejection or on expiry of the prescribed
time limit. If the FAO rejects the application again, the applicant can
appeal for the second time to the Second Appellant Authority (SAT)
within 60 days of rejection by the FAO.
New approach Jhansi district administration
Grievance redressal over-the-phone
With a vision to bring in a paradigmatic shift in the system of public
grievances redressal, the Jhansi district administration of Uttar
P)radish developed the Jhansi Jan Suvidha Kendra (JJSK) with
technical consultation of the district unit of National Informatics
Centre (NIC). Any person from anywhere within the district can call
Uttar Pradesh is reported on 16 June 2014 to have decided
accept self attested certificate instead of submitting
affidavits while availing benefits of government schemes
and taking admission in academic institutions. The
decision is expected to provide relief to the people and
simplify government processes.
this centre on a toll free number to seek grievance for concerns
related to wide range of government services and administrative
provisions.
Launched on 10 June 2009, this innovative approach utilises the
simplest and widespread ICT tool of the telephone to communicate
directly to the concerned officers in JJSK for seeking solutions to
their complaints. Systematic and well maintained system of JJSK
ensures categorisation of complaints so that every complaint is
noticed and treated with the necessary sense of urgency. The
provision of 100 per cent cross verification of disposal status has
come across as another important feature enhancing its
uniqueness that does not let the closure of the case without
appreciating feed back of the aggrieved person.
This has been successfully replicated in Power Corporation Ltd,
Housing Board, and Board of Revenue of Uttar Pradesh. Jhansi
Development Authority, Mid Day Meal Directorate, Police
Department, North Central Railway (Jhansi Division), Bharat
Heavy Electrical Ltd., Civil Defence Department U.P., State
Right To Public Services
18
DELHI
Delhi Government has enforced its Delhi (Right of Citizen to Time
Bound Delivery of Services) Act, 2011 from September 15, 2011 to
ensure smooth service delivery in 36 categories under 18
department. The departments which have been included under the
legislation are Revenue, Food and Civil Supplies, Transport and
Trade and Taxes as well as civic agencies MCD and NDMC, BSES
Rajdhani Power Ltd. (a private licensee of the Delhi government),
Delhi Police, Delhi Park and Garden Society, Drugs Control, Delhi
Pharmacy Council. These include issuance of a new electricity
connection, birth and death certificates and ration cards.For details
of service delivery standards, see page 60.
\Recently, the Govt has introduced a TATKAL service from April 22,
2014 for Registration of Marriage within 24 hours. Similarly, the
East Delhi Municipal Corporation has decided to deliver the Birth
and Death Certificates by the concerned hospitals at the residence
of the concerned citizens through courier at their own cost. The
nodal department is Department of Information Technology.
Penalty : Apart from administrative action, delays will attract a
monetary penalty of Rs 10 per day up to a maximum of Rs 200 per
application as compensation, which will be deducted from the
salary of the erring official. The legislation fixes a financial penalty
19
20
PUNJAB
With a view to provide delivery of public services within time limits,
Punjab enforced its Right to Services Act (PRTS Act-2011) on Oct.
10, 2011 for delivery of citizen centric 67 services, including
certified copies of all documents at Village-level-record of land
rights (Jamabandi), girdawri, mutation, demarcation of land,
sanction of water supply/ sewerage connection, certified copies of
Birth/Death Certificates, registration certificate of vehicles, fitness
certificate for commercial vehicle, issue of driving licence and
renewal of arms licence, all kinds of police verifications including
passport verification, issue of various certificates such as caste,
OBC, income, residence, registration of all kinds of documents,
sanction of all social security benefits for old age/ handicapped/
widow, among others, would also come under its purview.
The PRTS Act-2011 has empowered people to seek services in a
hassle free, corruption free, transparent and time-bound manner
through different service delivery mechanism. This will ensure that
people take maximum advantage of time bound service delivery
system. It is our firm belief that services delivered within the
prescribed time limits and without any hassle will enhance
credibility of the government functioning.
Services included: Details of 149 notified services under the act
for time bound delivery and along with the designated officers, First
Appellate Authority, Second Appellate Authority
Penalty : Officers failing to provide the services within the requisite
time frame (varying from one day to 60 days) will face penalty
ranging from Rs 500 to Rs 5,000, besides departmental action. It
was expected to set up a commission to act as the final appellate
authority. As per Section 12 of the PRTS Act-2011, a Punjab Right
to Service Commission (PRTSC) consisting of 1 Chief
Commissioner and 4 Commissioners has been constituted on Nov
23, 2011 to look after the effective implementation of the Act as the
final appellate authority to hear revision applications against the
orders of 2nd Appellate Authority.
Affidavit-less regime in Punjab: The Punjab Government has
taken another noble initiative by introducing self-attestation,
instead of affidavit, in most of the documentation in public-dealing
barring some very few requiring this legal requirement. This is
21
Haryana
Though Haryana started its time-bound delivery of services in 2011
but it has recently enacted its Haryana Right to Service Act, 2014.
Initially, these services includes issuing caste/resident/ domicile
certificates, driving license, a ration card, inclusion/deletion of
names etc., electricity & water connections, property registration,
and mutation of land, In case the required service is not delivered
within the time-limit, then the official concerned would be taken to
task. An online monitoring system called Jansahayak as notified
vide letter no. 7/8/2011-3AR dated 7 th June, 2011, has been
developed to ensure time bound delivery of the services provided
by the above departments. More services are expected to be
added later. Janshayak is a web based software which can be run
by accessing website
Details of the notified services under the Haryana Right to Service
Act, 2014 for time bound delivery and along with the designated
officers, First Appellate Authority, Second Appellate Authority are
given from page 61 onwards.
Prior to this Act, the Haryana Govt. had decided in 2011 to
implement a scheme for time-bound delivery of 36 services. These
include issuing caste/resident/ domicile certificates, driving
license, a ration card, inclusion/deletion of names etc., electricity &
water connections, property registration, and mutation of land, In
case the required service is not delivered within the time-limit, then
the official concerned would be taken to task. Nodal officers were
designated and directed to look into such cases of non-fulfillment of
the commitments. All Heads of Departments/Organisations were
asked to conduct regular annual Internal and External Review and
send their feedback to the Administrative Departments.
Right To Public Services
22
23
JHARKHAND
In an attempt to bring in transparency in the system of governance,
the Jharkhand government has notified its RTS Act titled
Jharkhand Rajya Sewa Dene ki Guarantee Vidheyak Title of the Act
(Jharkhand Right to Service Act, 2011) from November 15, 2011 to
empower its people to get citizen centric services within stipulated
time from the employees of all govt. departments. Also, the Act fixes
the accountability of the concerned officers in case of delay. The Act
provides for punishment of the government employees as well. It
will also appoint first and second Appellate officers in different
services. These include payment of social security pension, new
connection for electricity, making and renewal of driving licence,
issuance of smart card, ration cards, agriculture related licences,
correction of power bills, payment of scholarship, post-mortem
report, duplicate driving license, offering licenses for ration and
medical shops, and caste/income/residential certificates. For
details of service delivery standards, see page 77.
As per the Act, bill correction
has to be done within 24 hours
to 7 days, while post-mortem
report has to be issued within 3
days. Similarly, any complaint
related to payment of social
security pension has to be
cleared within 21 days. Driving
license must be issued within
45 days and licenses for shops
and medicine shops need to
be issued within a month.
Penalty : If an official fails to
deliver the public utility
services within the stipulated
period, then he will have to pay
a fine to the applicant. A
maximum fine of Rs 5,000
could be imposed on officials
for failing to deliver the
services.
Right To Public Services
Fight
AGAINST
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Advocacy & Legal Advice Centre
Anti Corruption Help-lines
Just Call
BHOPAL - 09009-99-23-23
24
HIMACHAL PRADESH
In an endeavor to empower citizens with power to get timely service
from government set up, the government has enacted the
Himachal Pradesh Public Services Guarantee Act, 2011 with effect
from November 16 2011. With the implementation of this act,
government departments like Revenue, Transport, social
development, urban development and others will be bound to
provide citizen centric services within stipulated time period, as a
matter of right. Also, the Act fixes the accountability of the
concerned government officials in case of delay and punishment.
Officials and employees found guilty will have to pay penalty and
can face stern legal action as well.
Appeals
If the application is rejected by the officer-in-charge, the applicant
can file an appeal with the First Appellant Officer (FAO) within 30
days of the date of rejection or on expiry of the prescribed time limit.
If the FAO rejects the application again, the applicant can appeal for
the second time to the Second Appellant Authority (SAT) within 60
days of rejection by the FAO.
KARNATAKA
Karnataka enacted its Karnataka (Right of Citizens to Time Bound
Delivery of Services) Act 2011 to ensure that the services are
provided in a timely manner in various departments. Some of these
services include revenue, finance, administration, urban
development, village panchayat, food and civil supplies, women
and child development, health, education and transport. Provision
of death and birth certificates, sanction of building plans, change of
khata, provision of student bus passes, issue of new or additional
water connection, driving licences, etc. There is a penalty provision
of Rs. 20 per day for delay for any deficiency in providing services.
Applicants will be given a 14-digit number, which can be used for
future correspondence.
The scheme was already implemented on a pilot basis across four
taluks of Aurad (Bidar), Chitradurga, Dharwad and Puttur
(Dakshina Kannada), and Jayanagar BBMP office in Bangalore.
During the month-long pilot study, one lakh applications were filed
and 87,000 were disposed of.
25
KERALA
The Kerala State Right to Service Act, 2012 came into force on the 1
November 2012 as per G.O (P) No.55/2012/P&ARD. 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.
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 selfgovernment 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
Right To Public Services
26
CHHATISGARH
The Lok Seva Guarantee Act provides delivery of certain public
services to citizens by the State Government, local bodies, public
authorities or agencies within the stipulated time, and to fix the
liabilities of persons responsible for delivery of such services in the
event of default and for matters connected therewith or incidental
thereto. Every person shall have the right to obtain public services
within the stipulated time. In case, any applicant fails to obtain the
required public services within the stipulated time, he/she shall be
entitled to receive cost of his application.
Every application for Lok Sewa shall be acknowledged by the
person responsible for delivering the service of by the department,
as the case may be, and every applicant shall be entitled to obtain
the status of his application. Accordingly, every department shall
designate a person or persons responsible for delivering public
services. Such designations shall be displayed in the department
for the information of general public.
Services Covered : Currently 139 public services of 20
departments have been brought under it, including Urban
Development, Food and Civil Supply, Transport, Revenue, Public
Health Engineering, Public Works Department, Labour, Tribal,
Rural Development, Energy, Commercial Tax, Higher Education,
Water Resources, Forest, Home (Jail), Technical Education,
Science and Technology.
Penalty : Every person responsible for delivering Lok Sewa, who
fails to deliver such services within the stipulated time shall be liable
to pay costs at the rate of Rs. 100/- per day during the period of
delay, if any, subject to a maximum of Rs 1,000/-, which shall be
recoverable from him towards payment to the person applying for
27
Lok Sewa.
UTTARAKHAND
In a bid to empower people in the state to get timely service and
relief from corruption prevalent in government set up, the State
Government notified The Uttarakhand Right to Service Act in 2011.
Under the Act, all the government departments will be bound to
provide citizen centric services within stipulated time period, as a
matter of right. For details of service delivery standards, see page
77.
Penalty : Also, the Act fixes the accountability of the concerned
government officers in case of delay. The Act provides for
punishment of the government employees as well. Officers and
employees found guilty will have to pay penalty and can face stern
legal action as well.
Also, first Appellate and second Appellate officers will be appointed
for different services like revenue, health and family welfare,
transport, potable water, social development, urban development
and other sectors.
Appeal:
First Appeal1. Any person whose application is rejected or who is not provided
with the service within the given time limit, may file an appeal to the
First Appellate Authority within 30 days from the date of receipt of
the order of rejection of application or the expiry of the given time
limit, as the case may be prefer an appeal before such authority
notified by the government.
2. Provided that the appellate authority may admit the appeal after
the expiry of the period of 30 days which can be further extended for
a period not exceeding 90 days thereafter, if it is satisfied that the
appellant was prevented by sufficient cause for not preferring the
appeal in time.
3. The appellate authority, if so satisfied, may, within a period of 30
days from the date of filing an appeal, by order, direct the
Designated Officer to provide the services within the time limit
Right To Public Services
28
ODISHA
The Odisha Right to Public Services Act, 2012" (ORTPS Act
2012) seeks that the state government would provide certain public
services within a stipulated time. For details of service delivery
standards, see page 94.
It aims to cover various guarantees under a single umbrella at the
state level. It looks towards addressing the already growing
demand of citizens for improved public services, reducing
corruption through imposing penalties on public authorities for
default in delivery of services. In addition, what was under the
Citizens Charters, an administrative guarantee has been
translated into a legal right, justiceable under the provisions of
ORTPS Act.
Appeals:
1. Any person whose application is rejected or who is not provided
with the service within the given time limit, may within 30 days
from the date of receipt of the order of rejection of application or
the expiry of the given time limit, as the case may be prefer an
appeal before such authority notified by the government.
Provided that the appellate authority may admit the appeal after
the expiry of the period of 30 days which can be further extended
for a period not exceeding 90 days thereafter, if it is satisfied that
29
ASSAM
The Assam Assembly passed its Assam Right to Public Services
Act, 2012 on 29th March 2012 to ensure better delivery of notified
public services within a definite timeframe and also fixes
responsibility on public servants to provide these services in a timebound manner. Under the provisions of the Act, the Government
will provide certain notified public services to the eligible citizens in
a time bound manner. In its first phase, the Act will be implemented
in 21 districts and will cover 55 services of 14 departments into it.
The implementation of the Act in full order will help in establishment
of an interface with the public and bring about accountability and
transparency which are keys for good governance. It will help in
delivery of services to citizens by elimination of delays in availing
the important services. Later on, in a phased manner additional
services will be brought under the purview of the Act.
Penalty : The appellate authority or the reviewing authority will be
empowered to impose penalty or take direct disciplinary action
against the designated public servant for his/her failure to perform.
GUJARAT
The Gujarat (Right of Citizens to Public Services) Act, 2013 confers
right on every individual citizen to time bound delivery of services
and redressal of grievances. It requires the state government to
notify the services to which the Act shall apply and the time limits
within which the notified services shall be provided. Under the Act,
every public authority is required to, within two months from the
date of a notification specifying the services to which the Act shall
apply, publish the names and addresses of individuals responsible
for rendering the notified services; designate as many officers as
may be necessary as Grievance Redressal Officers in all
administrative units or offices at the State, district and taluka levels,
Right To Public Services
30
WEST BENGAL
The West Bengal Right to Public Services Act-2013 aims at prompt
delivery of public services to the people of the state within a
stipulated time. Hence, every person shall have the right to obtain
public services in accordance with the provisions of this Act. For
details of service delivery standards, see page 98.
The state government shall from time to time specify the public
authority, services, designated officers, appellate officer, reviewing
officer and stipulated time limit for service by notification in the
Official Gazette for the purposes of this Act.
Every citizen having applied for any citizen related services shall be
provided an application number by the department concerned, or
local body or public authority as the case may be and shall be
entitled to obtain and monitor status of his application through
online means or otherwise.
Penalty : To encourage and enhance the efficiency of the
government servants, the competent officer would recommend
cash incentive not exceeding Rs 1,000 in favour of a government
servant against whom no default is reported in one year.
GOA
The Public Services Guarantee Act makes it mandatory to provide
services like residence certificates, income certificate, NOC to
transport dead bodies, birth certificates in panchayat and
municipality and others to be delivered within a specified number of
days. For details of service delivery standards, see page 101. The
government would appoint designated officers to provide services
to the people within the stipulated time, and constitute the State
Public Service Delivery Commission.
Self Attestation of Documents : The state administrative reform
department in its circular issued on October 29 has directed all
Right To Public Services
32
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CENTRAL GOVERNMENT
(Proposed Bill)
The Citizen's Charter and Grievance Redressal Bill 2011 also
known as The Right of Citizens for Time Bound Delivery of Goods
and Services and Redressal of their Grievances Bill, 2011 or
Citizens Charter Bill was proposed in Lok Sabha in December
2011. The bill lapsed due to dissolution of the 15th Lok Sabha. The
Bill, as part of the concurrent list like the Right to Information Act,
sought to confer on every citizen the right to time-bound delivery of
specified goods and services and to provide a mechanism for
grievance redressal. The Bill proposed to makes it mandatory for
every public authority to publish a Citizen's Charter within six
months of the commencement of the Act. The Bill proposed to
make incumbent on government officials to address citizens
complaints within a specified time, failing which the official
concerned would face action, including a fine of up to Rs. 50,000
from his salary and disciplinary proceedings. It was expected to
give people right to compensation if they do not receive their
entitlements, promised under the law within a specified time. Thus,
it was expected to address graft and lack of delivery on entitled
goods and services at the grassroots level. Since the proposed Bill
was part of the concurrent list, it was to be applicable on the states
also. In brief,
1. Each public authority shall be responsible for ensuring the
preparation and implementation of Citizens Charter, within a
reasonable time, and not exceeding one year from the coming
into force of this Act.
2. Every Citizens Charter shall enumerate the commitments of the
respective public authority to the citizens, officer responsible for
meeting each such commitment and the time limit with in which
the commitment shall be met.
3. Each public authority shall designate an official called Public
Grievance Redressal Officer, whom a complainant should
approach for any violation of the Citizens Charter.
4. Every public authority shall review and revise its Citizens
Charter at least once every year through a process of public
Right To Public Services
34
consultation.
5 Lokpal may direct any public authority to make such changes in
their citizens charter as are mentioned in that order.
Salient Features
Applies to?
1. The Bill deals with government departments that deal directly
with citizens: they include
2. Constitutional bodies,
3. Statutory authorities,
4. Public-private partnerships,
5. NGOs substantially funded by the government and companies
that provide services under a statutory obligation.
Provisions
1. The Bill makes it mandatory for every public authority to publish
a Citizens Charter within six months of the commencement of
the Act.
2. Every citizen is given right to get time bound delivery of goods
and services.
3. If not delivered, there is redressal mechanism.
According to the bill, citizens charters should be in following
format:
1. List the details of the goods and services provided by a public
authority;
2. The name of the person or agency responsible for providing the
goods or services;
3. The time frame within which such goods or services have to be
provided;
4. The category of people entitled to the goods and services; and
5. Details of the complaint redressal mechanism.
35
Here is an example:
time
first
Name of designated
limit for appeal
service
officer
service officer
time limit
for
disposal
second
appellant
authority
Domicile
certificate,
SDO
Tehsildar 7 days
15 days
land
(Revenue)
records.
Collector
New
Zolan
10 Executive
Superintendent
Electricity distribution
30 days
days Engineer
Engineer
Connection in charge
Public Grievance Redressal Commissions
Bill aims to establish Public Grievance Redressal Commissions
@Centre and State level.
Strength
Qualification
Appointed
by
36
Union level
State level
PM
CM
Sitting just of SC
Of HC
R.T.I structure
What?
Public information
officer (PIO) (Central
or State)
First Appellant
authority (FAA)
Central/State
Information
Commissioner
(CIC or SIC)
37
Central/State
Information
Commissioner (CIC or
SIC)
The penalty shall be recovered from the salary of the official. Such
penalty may be awarded as compensation to the appellant.
( h t t p : / / d a r p g . g o v. i n / d a r p g w e b s i t e _ c m s / d o c u m e n t / f i l e /
Citizens_Bill131.pdf)
h t t p : / / d a r p g . g o v. i n / d a r p g w e b s i t e _ c m s / d o c u m e n t / f i l e /
Citizens_Bill131.pdf
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42
33
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44
45
Sl.
No
Form*
Documents
(Self
Attested)
Formalities Required
Place
of
Work
Working
Hours
Time
Limit
Roo T Tel.
m
No..
No.
Designated
Officer
Room Tel.
No.
No.
Alternative
Officer
?
Efforts should be made to minimize the number of Forms. Such Forms should be publicized
through the Newspapers and the concerned website to enable the service seekers to get
them copied and use it.
Ack.
offered
Services
46
11
10
12
Meeting
Time
13
14
15
16
Off.
Re
s.
No
.
Tel
Name
Office
Res.
Information Officer
Phone Nos.
17
Compensation
to Complainant
18
Remarks
Note - Every Standard of Services has to be finalized after having a detailed discussion with the
concerned Service Providers, Service Seekers and the genuine NGOs representing the concerned
Citizens and services.
Officer to be
approached
Time
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APPENDIX
49
TRANSPARENCY
INTERNATIONAL INDIA
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51
No. 1-9/2009-AR
Government of India
Ministry of Human Resources Development
Department of Higher Education
..
Shastri Bhawan, New Delhi
Dated the 15th July, 2013
To,
Heads of all Autonomous Organisations/
Attached Offices/PSU under Department of Higher Education.
Subject: Self-certification reg.
Sir/Madam,
Please find enclosed a copy of O.M. No. K-11022/67/2012-AR dated
10th May, 2013 received from the Secretary, Department of Administrative
Reforms & Public Grievances (D/o AR&PC) on the subject cited above.
Briefly, it is stated that the 2nd ARC in its 12th Report titled Citizen Centric
Administration The Heart of Governance, has recommended adoption of
self-certification provision for simplifying procedures, which has been
accepted by the Government of India.
2. Accordingly, as mentioned in the D/o AR&PCGs above mentioned
O.M., it is requested to review the existing requirements of attested copy of
affidavit in various application forms in a phased manner and wherever
possible make provision for self-certification of documents, after obtaining
the approval of the competent authority. Action Taken Report (ATR) in this
regard, may please be sent through your Bureau in the Department of
Higher Education.
Encl. a.a.
Yours faithfully,
Sd/(R.C. Meena)
Economic Adviser (HE)
Tel: 23383432
Copy to: The concerned Bureau Heads in the D/o HE with the request to
follow up the matter with the Organisations/Institutions under their control
for implementation of the above recommendation.
Copy to: The Secretary, D/o AR&PG w.r.t. O.M. No. K-11022/67/2012-AR
dated 10.05.2013.
Copy for information to:- PSO to Secretary (HE).
NIC/CMIS: for uploading on e/Office/website
Right To Public Services
52
MADHYA PRADESH
S.
No.
Name of
Service
Designated
Officer
Time limit
for
service
First
appeal
officer
1.
Domicile
Certificate
Tahsildar /
Nayab
Tahsildar
7 working
days
2.
New Water
Connection
CEO Nagar
Palika/Nagar
Panchayat
3.
Copies of
Khasra&
Khatoni
4.
5.
Second
appellant
authority
SDO
(Reve
nue)
Time
limit for
disposal
of first
appeal
15
working
days
30
working
days
SDO
(Reve
nue)
30
working
days
Collector
Tahsildar or
Revenue
Officer
authorized by
Tahsildar
5 working
days
SDO
(Reve
nue)
30
working
days
Collector
New
Electricity
Connection
Zonal /
Distribution
Centre Incharge
10
working
days
Execut
ive
Engine
er
30
working
days
Superinte
ndent
Engineer
Financial
Help
-National
Calamities
(As
per
Revenue
Book
Circular
part 6)
SDO
(Revenue)
30
working
days
30
working
days
Commissi
oner
Collect
or
Collector
Collector
Collector
53
54
Revenue
District
Magistrate
Sub
Divisional
Magistrate
Sub District
Magistrate
20
Sub Divisional
working
Magistrate
days
45
working
days
20
working
days
Domicile
Certificate
Uncontested
Tehsildar
Mutation of land
Kisan Bahi
(original)
Tehsildar
Sub
Divisional
Magistrate
20
Working
days
Tehsildar
Income
Certificate
6
Sub
Divisional
Magistrate
20
Working
days
Designated
Officer
UTTAR PRADESH
30
working
days
30
working
days
30
working
days
30
Working
days
30
Working
days
District
Magistrate
District
Magistrate
Divisional
Commissioner
District
Magistrate
District
Magistrate
Stipulated Second
time limits Appellate
for
Authority
disposal
of First
Appeal
55
Aera Water
Works
Engineer of
Nagar Nigam
Area
Executive
Officer of
Nagar Palika
Parishad/
Nagar
Panchayat
Zonal Officer/
Zonal Health
New connection
of water supply
in Nagar Nigam
Area (where
technicallly
feasible)
Birth/ Death
Certificate in
Nagar Palik
aParishad/
Nagar Pachayat
Area
Birth/ Death
Certificate in
Uncontested
Mutation of
Nagar Vikas property in
Nagar Nigam
Area
30
working
days
Sub
Divisional
Magistrate
30
working
days
45
working
45
working
days
30
working
days
Additional
Municipal
Sub
divisional
Magistrate
General
Manager
Jalkal
30
working
30
working
days
30
working
days
45
working
days (from
Zonal Officer of
Municipal
45
the date of
Naga Nigam
Commission working
depositing
Area
er
days
of
Mutation
fee)
KisanBahi
Tehsildar
(duplicate copy)
Municipal
Commissioner
District
Magistrate
Municipal
Commissioner
Divisional
Commissioner
District
Magistrate
56
Issue of new
A.P.L. Ration
Card (Rural
Area)
Block
Development
Officer
30
working
days
Area Rationing 30
Officer/ District working
Supplu Officer days
Issue of new
Food and
A.P.L. Ration
civil supply Card (Urban
Area)
Sub
divisional
Magistrate
District
Magistrate
Divisional
Additional
Director
60
working
days
30
working
days
30
working
days
90
working
days
Additional
30
Municipal
working
Commission
days
er
45
working
days
Chief Medical
Officer
Zonal Officer/
Zonal Health
Officer of
Nagar Nigam
Area
Birth/ Death
Certificate in
Nagar Nigam
Area
District
Magistrate
Divisional
Commissioner
Divisional
Commissiner
Municipal
Commissioner
DELHI
Services included
1
Revenue Department
Revenue Department
Revenue Department
Revenue Department
Revenue Department
Revenue Department
NDMC
10
NDMC
Registration of Death
11
MCD
Registration of Birth
12
MCD
Registration of Death
13
57
Haryana
Sl. Service
No. Category
1.
Ration
Cards
(Food &
Supply
Departm
ent)
Name of Service
1. Issue of
New Ration
Card
2.Issue of
Ration Card
on receipt of
surrender
Certificate
3. Issue of
Duplicate
Ration Card
4. Inclusion of
family
member name
in Ration Card
5. Deletion of
family member
name in Ration
Card
6. Change of
Address with
same Jurisdiction
7. Change of
Address
including change
of FPS
8. Issue of
Surrender
Certificate
58
Design
ated
Officer
Food
Inspect
or
/AFSO
Time
Limit
15
days
07
days
07
days
07
days
Service
Delivery
Currently
Manual ;
Automati
ng under
Smart
ration
Card
based
PDS
Project
07
days
03
days
03
days
01
days
Certific
ates
(Reve
nue)
9. Issue of SC
Certificate
Tehs
ildar
10. Issue of
BC Certificate
07
days
07 days
07 days
11. Issue of
OBC
Certificate
Comput
erized
at eDISHA
Centres
HARCI
S
07 days
12. Issue of
Resident/
Domicile
Certificate
07 days
13. Issue of
Tapriwas/Vim u
Certificate
07 days
07 days
14. Issue of
Income
Certificate
15. Issue of
Rural Area
Certificate
3
Sub
Regist
rar
(Reve
nue)
16.
Registration of
Property /
Land (HARIS
Related
Services)
Tehs
ildar
01
day
Comput
erized /
HARIS
59
Land
Recor
ds
(Reve
nue)
17.
Sanction of
Mutation of
Land (All
kind of
Mutations
available in
HALRIS)
Tehsild
ar
15
days
Comput
erized /
HARIS
05
days
18.
Providing
Copies of
Land
Records
(HALRIS
Related
Services)
60
Transp
ort
Regul
atory
(Regis
tering
&Licen
sing
Author
ities)
19.
Issuance of
Learners
Driving
License
(Sarathi
Related
Services)
20.
Issuance of
Permanent
Driving
License
(Sarathi
Related
Services)
SDO
(Civil)
05
days
07
days
Comput
erized /
Sarathi
and
Vahan
07
days
07
days
21.
Renewal of
Driving
License
22.
Issuance of
Duplicate
Driving
License
23.
Endorseme
nt of new
Class in
Driving
License
24.
Issuance of
Conductor
Driving
License
07
days
07
days
07
days
07
days
07
days
07
days
25.
Registration
of New
Vehicles
(Vahan
Related
Services)
61
26. Transfer
of wnership
of Vehicle
27.
Issuance of
NOC
28.
Issuance of
Duplicate
R.C.
6
Power
Electri
city
Conne
ctions
29. Release
of New
Electricity
Connection
SDO
(Elec
tricity)
08
days
08
days
30. Release
of
Temporary
Electricity
Connection
Partiall
y
Manual
/
Comput
erized
08
days
31.
Enhanceme
nt of
Electricity
Load
7
Public
Health
Engine
ering
32.
Providing
New Water
Connection
33.
Providing of
Sewerage
Connection
62
SDO
(PH
ED)
12
days
12
days
Partiall
y
Manual
/
Comput
erized
8.
Birth &
Death
(Healt
h&
MCs)
34.
Issuance of
Birth
Certification
(after
registration)
EO
(MC)
U/
MO
(PH
C) R
07
days
EO(
MC)
/
HUD
A
21
days
07
days
Partiall
y
Manual
/
Comput
erized
35.
Issuance of
Death
Certification
9
Buildin
g
Plans (
MCs /
HUDA
)
36. Approval
of Building
Plans
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64
65
66
67
68
69
70
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JHARKHAND (RANCHI)
Services Included:
S.
NO.
Name of
Public
Service
Designated
Officer
Certificate that
land is not in
Planning &
Special Area.
?
Deputy
Commissioner
Kangra, Chamba
andKullu vested
with the powers
of Director, TCP.
?
Chairman,
Special Area
Development
Authorities vested
with the powers
of Director, TCP.
?
Chief Executive
Officer, BBNBA
vested with the
powers of
Director, TCP.
?
Town and country
planner/ assistant
town planner/
planning officer of
district.
?
Executive officers
of municipal
committees
vested with the
powers of
Director, TCP.
Same as above
Change of
Land use.
List of
document
s
required to
Service
Revenue
papers of
the land
Time
limit
for
service
As
prescribed
in form X
under Rule
12 of the
HPTCP
Rules 1978
60 days
3
working
days.
73
3.
Development
Permission
Same as above
4.
NOC for
release of
basic services.
Same as above
5.
Complaint
regarding
detection of
unauthorized
construction/d
eviation from
approved plan
and action
thereof.
Supplying
copy of record.
Same as above
Compensation
of offences
Same as above
6.
7.
74
Same as above
As
prescribed
in form XI
under Rule
12 of the
HPTCP
Rules 1978
Permission
No. and
date vide
which
developme
nt
permission
was
granted
Location of
unauthorize
d
constructio
n and name
of the
person.
60 days
Details of
the record
required.
As
prescribed
in form
XVII-D
under Rule
19-E of the
HPTCP
Rules 1978
7 days
15 days
30 days
60 days
UTTARAKHAND
Services Included
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
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7 days
Director of State
Archives
Director of State
Archives
Providing Scholar
Service
2 days
7 days
Assistant
Director of State
Archives
STIPULATED
TIME LIMIT
DESIGNATED
OFFICER
SERVICES
SL.
NO.
Service Included:
WEST BENGAL
Joint Secretary,
H. E.
Department
Joint Secretary,
H. E.
Department
Joint Secretary,
H. E.
Department
Director of
State
Archives
Director of
State
Archives
REVIEWING
OFFICER
Director of
State
Archives
APPELLATE
OFFICER
96
3 months from
the date of
receipt of
application,
complete in all
Conducting of inspection
and submission of
enquiry report in relation Joint Secretary
to introduction of new
subjects / courses /
programme in
3 months from
the date of
receipt of
application,
complete in all
respects
STIPULATED
TIME LIMIT
Conducting inspection
and submitting an
enquiry report for setting
up of new colleges
Member
(Science / Arts /
Secretary
Commerce / Law / B. Ed.
/ B. P. Ed. and other
professional colleges)
DESIGNATED
OFFICER
SERVICES
SL.
NO.
Member
Secretary,
WBSCHE
ViceChairman
APPELLATE
OFFICER
Vice-Chairman
/ Chairman,
WBSCHE
Chairman,
WBSCHE
REVIEWING
OFFICER
97
Section
Officer
Section
Officer
Conducting State
Eligibility Test (S.E.T.) for
Assistant Professor and
Librarians
DESIGNATED
OFFICER
Recruitment / Selection
of Assistant Professors,
Librarians and Principals
in Government-aided
Colleges
SL.
SERVICES
NO.
Secretary,
WBCSC
Assistant
Secretary
Within four
months from the
last date of
receipt of
application
REVIEWING
OFFICER
Secretary,
WBCSC
APPELLATE
OFFICER
STIPULATED
TIME LIMIT
GOA
Service Included:
Name of
Department
Collectorates
Directorate of
Panchayat
98
Service
Issue of form
I & IIV
Residents
Certificates
Diversions
Certificates
Income
Certificates
Caste
Certificate
N.O.C. to
transport a
dead body to
another state
Transporting
a dead body
outside India
Counter
Signature on
Income
Certificates
issued by
Village
Panchayat of
Jurisdiction
Designated
Officer
Mamlatdars of
Talukas
Mamlatdars of
Talukas
Mamlatdars of
Talukas
Mamlatdars of
Talukas
Deputy Collector
and SDO of
Taluka
Deputy Collector
and SDO of
Taluka
Time
Limit
2 days
Addl Collector
and District
Magistrate
BDO of Taluka
2 days
10
days
10
days
10
days
12 days
2 days
4 days
Income
Certificate
Residence
Certificate
Births/Deaths
Certificates
Department of Births/Deaths
Municipal
Certificates
Administration
Village Sarpach/
Administrators
Village Sarpach/
Administrators
Village Panchayat
Secretaries
Registrar of Birth
and Death of
Municipality/
Corporation
Department of Issue of
Mamlatdar for
Civil Supplies
surrender
DarbandoraTaluk.
and Consumer certificates
Joint Mamlatdar-I
Affairs
on transfer to for all other
other city or Talukas.
otherwise
Issue of New Mamlatdar for
Ration Card
DarbandoraTaluk.
within the
Joint Mamlatdar-I
state
for all other
Fight
AGAINST
ALAC
Right To Public Services
6 days
10 days
2 days
2 days
5 days
30 days
BHOPAL - 09009-99-23-23
99
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INTERNATIONAL INDIA
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AGAINST
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