Kerala Government Service Assurance Act, 2011
At
the Corruption Sans Kerala Seminar organized by Anti-corruption
People's Movement - Kerala at TDM Hall, Ernakulam, on June 5, 2011,
Advocates P. K. Ibrahim and D. B. Binu submitted to Chief Minister
Oommen Chandy a draft bill to assure the people proper service.
The following is the text of the bill:
KERALA SARKAR SEVANAM URAPPAKKAL NIYAMAM 2011
Kerala Government Service Assurance Act, 2011
(DRAFT BILL)
A Bill to assure state services to the people of the State within a stipulated time limit and for matters connected therewith and incidental thereto.
1. Short title, extent and commencement.
1 (1) This Bill may be called the Kerala Sarkar Sevanam Urappakkal Niyamam 2011.
(2) It shall extend to the whole of Kerala.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions.
2. In this Bill, unless the context otherwise requires:-
(a) "designated officer" means an officer in the service of the sate including in the service of the local self governments or other public undertakings notified as such for providing the service under Section 3;
(b) "eligible person" mean person who is eligible for the notified service;
(c) "first appeal officer" means an officer notified as such under Section 3;
(d) "second appeal officer" means an officer notified as such under Section 3;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "right to service" means right to get the service within the stipulated time limit under Section 4;
(g) "service" means any service notified under Section 3;
(h) "State Government" means the Government of Kerala;
(i) "stipulated time limit" means maximum time prescribed for providing the service by the designated officer or to decide the appeal by the first appeal officer as notified under Section 3.
3. Notification of services, designated officer, first appeal officer, second appeal officer and stipulated time limits.
3. The State Government may, from time to time, notify the services, designated officers, first appeal officers, second appeal officers and stipulated time limits, area of the State to which this Act shall apply.
4. Right to get service within stipulated time limit.
4. The designated officer shall provide the service notified, under Section 3 to the person eligible to get the service, within the stipulated time limit.
5. Providing services in stipulated time limit.
5. (1) Any application duly acknowledged for getting services notified under the Act will be treated as application under the Act. Stipulated time limit, if not explained otherwise in the notification under sec 3 shall start from the date when required application for notified service is submitted to the designated officer or to a person subordinate to him authorized to receive the application.
(2) The designated officer or person–in- charge of the designated officer, on receipt of an application under sub-section (1) shall within the stipulated time limit provide service or reject the application and in case of rejection of application, shall record the reasons in writing and intimate the applicant.
6. Appeal.
6. (1) Any person, whose application is rejected under subsection (2) of section 5 or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit:
Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The first appeal officer may order to the designated officer to provide the service within the specified period or may reject the appeal.
(3) A second appeal against decision of first appeal officer shall lie to the second appeal officer within 60 days from the date on which the decision was made:
Provided that the second appeal officer may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) (a) The second appeal officer may order to the designated officer to provide the service within such period as he may specify or may reject the appeal.
(b) Along with the order to provide service, the second appeal officer may impose penalty according to the provisions of section 7 if in his opinion that the designated officer has failed to provide service without sufficient and reasonable cause.
(5) (a) If the designated officer does not comply subsection (1) of section 5, then the applicant aggrieved from such non-compliance may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal.
(b) If the designated officer does not comply the order to provide the service under sub- section (2) of section 6, then the applicant aggrieved from such non-compliance may submit an application directly to the second appellate authority. This application shall be disposed of in the manner of second appeal.
(6) The first appeal officer and second appeal officer shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :-
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the designated officer and appellant; and
(c) any other matter which may be prescribed.
7. Penalty.
7. (l )(a) Where the second appeal officer is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, then he may impose a lump sum penalty which shall not be less than 250 rupees and not more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
(b) Where the second appeal officer is of the opinion that the designated officer has caused delay in providing the service, then he may impose a penalty at the rate of 250 rupees per day for such delay on the designated officer, which shall not be more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
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Provided that the designated officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(2) Where the second appeal officer is of the opinion that the first appeal officer has failed to decide the appeal within the stipulated time limit without any sufficient and reasonable cause, he may impose a penalty on first appeal officer which shall not be less than 250 rupees and more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
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Provided that the first appeal officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(3) The second appeal officer may order to give such amount as compensation to the appellant from the penalty imposed under sub-section (1) or (2) or both, as the case may be, which shall not exceed to the imposed penalty.
(4) The second appellate authority, if it is satisfied that the designated officer or the first appeal officer has failed to discharge the duties assigned to him under this Act, without sufficient and reasonable cause, may recommend disciplinary action against him under the service rules applicable to him.
(5) The penalty so imposed will be in addition to that prescribed in any other Act, Rules, Regulations and notifications already existing
8. Penalty amount to be deducted from the salary.
The penalty so imposed under 7(1) or 7(2) will be deducted from the salary of the designated officer and the first appeal officer and their concerned subordinate staff in the proportion as decided by the Department having jurisdiction relating to the service. The concerned Departments will issue standing instructions detailing for this purpose the proportion of penalty to be borne by the designated officer and the first appeal officer and their subordinate staff.
9. Revision.
The designated officer or first appeal officer aggrieved by any order of second appeal officer in respect of imposing penalty under this Act, may make an application for revision to the officer nominated by the State Government within the period of 60 days from the date of that order, who shall dispose of the application within 30 days according to the prescribed procedure:
Provided that the officer nominated by the State Government may entertain the application after the expiry of the said period of 60 days, if it is satisfied that the application could not be submitted in time for the sufficient cause.
10. Constitution of State Public Delivery Service Commission.
The state government may constitute a State Public Service Delivery Commission by notification in an official gazette, having a prescribed composition, and may assign to it functions for achieving the objectives of the act.
11. Power of the State Government to send the applications to second Appeal Authority directly.
11. Notwithstanding the other provisions of the act, the government, if it gets an application alleging non compliance of the provisions, may send the same directly to the Second appeal officer for taking further actions as per the Act.
12. Protection of action taken in good faith.
12. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made there under.
13. Powers to make rules
13. (1) The State Government may, by notification in the official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made under this Act by the State Government shall be laid before the State Legislature.
14. Power to remove difficulties
14. If any difficult arises in giving effect to the provisions of this Act, the State Government may by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
The following is the text of the bill:
KERALA SARKAR SEVANAM URAPPAKKAL NIYAMAM 2011
Kerala Government Service Assurance Act, 2011
(DRAFT BILL)
A Bill to assure state services to the people of the State within a stipulated time limit and for matters connected therewith and incidental thereto.
1. Short title, extent and commencement.
1 (1) This Bill may be called the Kerala Sarkar Sevanam Urappakkal Niyamam 2011.
(2) It shall extend to the whole of Kerala.
(3) It shall come into force on such date as the State Government may, by notification in the official Gazette, appoint.
2. Definitions.
2. In this Bill, unless the context otherwise requires:-
(a) "designated officer" means an officer in the service of the sate including in the service of the local self governments or other public undertakings notified as such for providing the service under Section 3;
(b) "eligible person" mean person who is eligible for the notified service;
(c) "first appeal officer" means an officer notified as such under Section 3;
(d) "second appeal officer" means an officer notified as such under Section 3;
(e) "prescribed" means prescribed by the rules made under this Act;
(f) "right to service" means right to get the service within the stipulated time limit under Section 4;
(g) "service" means any service notified under Section 3;
(h) "State Government" means the Government of Kerala;
(i) "stipulated time limit" means maximum time prescribed for providing the service by the designated officer or to decide the appeal by the first appeal officer as notified under Section 3.
3. Notification of services, designated officer, first appeal officer, second appeal officer and stipulated time limits.
3. The State Government may, from time to time, notify the services, designated officers, first appeal officers, second appeal officers and stipulated time limits, area of the State to which this Act shall apply.
4. Right to get service within stipulated time limit.
4. The designated officer shall provide the service notified, under Section 3 to the person eligible to get the service, within the stipulated time limit.
5. Providing services in stipulated time limit.
5. (1) Any application duly acknowledged for getting services notified under the Act will be treated as application under the Act. Stipulated time limit, if not explained otherwise in the notification under sec 3 shall start from the date when required application for notified service is submitted to the designated officer or to a person subordinate to him authorized to receive the application.
(2) The designated officer or person–in- charge of the designated officer, on receipt of an application under sub-section (1) shall within the stipulated time limit provide service or reject the application and in case of rejection of application, shall record the reasons in writing and intimate the applicant.
6. Appeal.
6. (1) Any person, whose application is rejected under subsection (2) of section 5 or who is not provided with the service within the stipulated time limit, may file an appeal to the first appeal officer within thirty days from the date of rejection of application or the expiry of the stipulated time limit:
Provided that the first appeal officer may admit the appeal after the expiry of the period of thirty days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(2) The first appeal officer may order to the designated officer to provide the service within the specified period or may reject the appeal.
(3) A second appeal against decision of first appeal officer shall lie to the second appeal officer within 60 days from the date on which the decision was made:
Provided that the second appeal officer may admit the appeal after the expiry of the period of 60 days if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
(4) (a) The second appeal officer may order to the designated officer to provide the service within such period as he may specify or may reject the appeal.
(b) Along with the order to provide service, the second appeal officer may impose penalty according to the provisions of section 7 if in his opinion that the designated officer has failed to provide service without sufficient and reasonable cause.
(5) (a) If the designated officer does not comply subsection (1) of section 5, then the applicant aggrieved from such non-compliance may submit an application directly to the first appeal officer. This application shall be disposed of in the manner of first appeal.
(b) If the designated officer does not comply the order to provide the service under sub- section (2) of section 6, then the applicant aggrieved from such non-compliance may submit an application directly to the second appellate authority. This application shall be disposed of in the manner of second appeal.
(6) The first appeal officer and second appeal officer shall while deciding an appeal under this section, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure, 1908 (5 of 1908) in respect of the following matters, namely :-
(a) requiring the production and inspection of documents;
(b) issuing summons for hearing to the designated officer and appellant; and
(c) any other matter which may be prescribed.
7. Penalty.
7. (l )(a) Where the second appeal officer is of the opinion that the designated officer has failed to provide service without sufficient and reasonable cause, then he may impose a lump sum penalty which shall not be less than 250 rupees and not more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
(b) Where the second appeal officer is of the opinion that the designated officer has caused delay in providing the service, then he may impose a penalty at the rate of 250 rupees per day for such delay on the designated officer, which shall not be more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
:
Provided that the designated officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(2) Where the second appeal officer is of the opinion that the first appeal officer has failed to decide the appeal within the stipulated time limit without any sufficient and reasonable cause, he may impose a penalty on first appeal officer which shall not be less than 250 rupees and more than 25000 rupees or such amount that is drawn as monthly salary whichever is higher.
:
Provided that the first appeal officer shall be given a reasonable opportunity of being heard before any penalty is imposed on him.
(3) The second appeal officer may order to give such amount as compensation to the appellant from the penalty imposed under sub-section (1) or (2) or both, as the case may be, which shall not exceed to the imposed penalty.
(4) The second appellate authority, if it is satisfied that the designated officer or the first appeal officer has failed to discharge the duties assigned to him under this Act, without sufficient and reasonable cause, may recommend disciplinary action against him under the service rules applicable to him.
(5) The penalty so imposed will be in addition to that prescribed in any other Act, Rules, Regulations and notifications already existing
8. Penalty amount to be deducted from the salary.
The penalty so imposed under 7(1) or 7(2) will be deducted from the salary of the designated officer and the first appeal officer and their concerned subordinate staff in the proportion as decided by the Department having jurisdiction relating to the service. The concerned Departments will issue standing instructions detailing for this purpose the proportion of penalty to be borne by the designated officer and the first appeal officer and their subordinate staff.
9. Revision.
The designated officer or first appeal officer aggrieved by any order of second appeal officer in respect of imposing penalty under this Act, may make an application for revision to the officer nominated by the State Government within the period of 60 days from the date of that order, who shall dispose of the application within 30 days according to the prescribed procedure:
Provided that the officer nominated by the State Government may entertain the application after the expiry of the said period of 60 days, if it is satisfied that the application could not be submitted in time for the sufficient cause.
10. Constitution of State Public Delivery Service Commission.
The state government may constitute a State Public Service Delivery Commission by notification in an official gazette, having a prescribed composition, and may assign to it functions for achieving the objectives of the act.
11. Power of the State Government to send the applications to second Appeal Authority directly.
11. Notwithstanding the other provisions of the act, the government, if it gets an application alleging non compliance of the provisions, may send the same directly to the Second appeal officer for taking further actions as per the Act.
12. Protection of action taken in good faith.
12. No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made there under.
13. Powers to make rules
13. (1) The State Government may, by notification in the official Gazette, make rules to carry out the provisions of this Act.
(2) Every rule made under this Act by the State Government shall be laid before the State Legislature.
14. Power to remove difficulties
14. If any difficult arises in giving effect to the provisions of this Act, the State Government may by order, not inconsistent with the provisions of this Act, remove the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the commencement of this Act.
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