M.V.Ruparelia, A503 Rashmi Utsav, Near Jangid Estate & Vijay Park, Mira Road (East) Dist. Thane. 401107. M. 09821732855. E/Mail: mvrup@yahoo.co.in
To Date: 11-11-11.
Ministry of Personnel, Public Grievances & Pension, Government of India, New Delhi.
Sub: Comments and Suggestions on “Citizens Right to Grievance Redress Bill, 2011”.
1. It is gratifying to note that Ministry of Personnel, Public Grievances & Pensions has prepared and notified a very comprehensive Citizens Right to Grievance Redress Bill, 2011 after 2 years of our pointing out such necessity to President of India in our letter dt 7-9-09 (PRSEC/E/2009/06670). Factual position and suggestions made there in and subsequent letter dt 20-10-09 (PRSEC/E/2009/09181) may be kept in view. 3 Grievances pointed out therein are still not solved!! It would be better, if this Bill is passed and implemented very early by the Government, as each Citizen of this Country is very much fed up with the present deplorable position prevailing in all Public Offices for not giving them in time the Goods & Services due to position created by Politians & Babudom and Citizens have already indicated their anger for this in high voltage campaign of Anna Hazare throughout the Country.
2. The Bill is very good but proposes to create another Machinery of Grievance Redress Officers etc. It is suggested that existing Machinery of Public Information, Ist Appellate Authority & Central Information Commissioner under Right to Information Act, 2005 may be used by amending and amplifying the RTI Act, 2005 to avoid duplication of authorities!
3. However, as decision is already taken to have another Bill and suggestions/comments are called for, the following aspects are brought out for consideration, which may be examined with sincerity to help Citizens to get their due goods & services without present delays & malpractices.
4. As the Bill is for providing statutory backing for getting timely services and goods specified in citizens charters of public authorities from Gram Panchayat, Block, District, State up to Central Level, it is necessary that each Public Authority includes all rights, services, goods, reply to each representation as per Para 66 of Office Manual etc in Citizens Charters. Para 9 of your Ministry`s Citizen Charter pertains to Grievance Solving Machinery. Similar provisions should be made in Citizen Charters of all Public Authorities. Your Ministry`s Charter gives 2 months time to solve the grievance, as against 15 days provided in the proposed Act. Provision in your Charter should be modified in view of the proposed Act and special provisions made in the Charter & Act for grievances/representations of Senior Citizens. As implementation of Bill may take considerable time, instructions to all Public Authorities to prepare/update their Citizen Charters etc may be very helpful at this stage of agitative mood of citizens.
5. It appears from Bill that citizens not satisfied with disposal of Ist Appeal by Head Of Department of Central Government Public Authorities have to go to State Public Grievance Commissions and not directly to Central Public Grievance Commission. This may be looked in to and clearly provided.
6. It is not clear as to what time limit is fixed for disposal of Appeal/Complaint by Commissions, though 15 days are prescribed for sending their Decisions taken after Hearing/Inquiry.
7. Training should be provided for all Grievance Officers to inculcate in them the spirit of Service to Citizens with Smile and Promptness & to avoid rigid non-cooperative attitudes, created due to self frustration, whims, pride & prejudice and greed & practice of corruption, pervading at present in most of offices.
8. It should be provided that no fees are to be charged for Application, Appeals and Replies being given by any Public Authority, as some prosperous States like Maharashtra are charging fees for Appeals & postal charges for all replies under RTI Act, 2005!!
9. Chapter III-Para 4: i) If Citizen Charters are not notified within 6 months, some penalty should be provided, as many Public Authorities are reported to have not notified requirements Of Sec 4 of RTI Act, 2005 even after 6 years!!
ii) Para 4(2) (d):Time limit to be indicated in Complaint Redressal Mechanism should not be left to Public Authority and it should be 15 days in all cases. Provision here should be made for On-line recording of complaint in their Web Site with Status Position etc.
Para 5 (1): Please, lay down the time schedule by which H.O.D. should update & notify updation.
Para 5 (4): Please, provide for sending such Charters to Registered NGOs working in those areas for redressal of grievances of citizens.
10. Chapter IV-Para 6 (2): Please, add here that no extra charges, other than laid down for goods & services will be recovered from citizens for delivery etc as a result of disposal of complaint/appeals. Information & Facilitation Centres will have Telephones & Mobile phones with Recording Machines and E/Mail machinery will have automatic acknowledge device etc (Suggestion no. 6 of letter dt 20-10-09 (PRSEC/E/2009/09181).
11. Chapter V-Para 7 (1): Please, add ``with one Coordinating GRO in all Public Authorities, where there are more than one GRO.``
Para 2(a): Please, add Pin Code after address and mobile no. after telephone no. All details in this para will be indicated in all communications to citizens.
Para 7 (2) (b): Please, add as in 2(a) above.
Para 7 (3): Please, add as in para 7 (1).
Para 9 (1): In (a), 15 days are provided and in (b), one month is provided. Please, clarify the intention.
12. Chapter VI-Para 11(2): Any format for Appeal and Action Taken Report or simple letter- this may be specified. Details as per sec 7 is deemed to be Appeal as per para 11 (1) and this also is not clear and requires to be specified.
13. Chapter VII-Para 13 (a): Hearing may not be necessary in all cases. Powers may be given to give Speaking Orders on the basis of all records/documents produced in cases, where Commission is satisfied about Citizens` demand/complaint/Appeal.
Para 18 (2): Please, add ``and follow the Rules framed by DOPT for functioning of all Public Authorities`` (This is necessary as SIC/CIC under RTI Act, 2005 do not follow any rules or procedure!!).
Para 22 (2) This is a good provision to send Decision within 15 days (provide for penalty for not sending within 15 days) but there does not appear any provision for State/Central Public Grievance Commissions to decide Appeals from date of receipt! (Such provision is a must, as non-provision for this in RTI Act, 2005 has made RTI Act ineffective and thousands of IInd Appeals are pending with each I.C. No penalty is imposed by ICs to CPIO for not giving information within 30 days & most of the AAs do not take disciplinary action even when CPIO do not carry out their orders to give information, as provided in Act, 2005. In view of this, it is necessary to provide some penalty for not carrying out provisions of this Bill, 2011.)
Para 24: Please, add `` and will be governed by Rules & Procedures laid by DOPT for all Public Authorities.``
Para 25 (1): Time Frame does not appear to have been specified.
Para 25 (2): Does designated officer include H.O.D.?
14. Chapter VIII: Para 29: This is a very good provision.
Para 35 (2) and Para 41: Please, add ``as per Procedure & Rules laid down by DOPT for all P.A.``
Para 38 (4) and 42 (1): Time limit for taking Decision does not appear to have been prescribed.
15. Chapter IX-Para 45 (1): Some powers for punishment may be given to GRO also for effective working. Make provision for recording all punishments in Service Records of the defaulters.
Para 45 (2): Please, add that Disciplinary Authority will be directed by Decision Making Authority viz GRO, HOD & Commissions to initiate Disciplinary Action and this will be binding to Disciplinary Authority.
16. Chapter X-Para 46 (2): This is a good provision. Please, provide penalty for not doing this!
17. Chapter XI-Para 48: Very good provision.
Para 51 (2): Please, specify for various important matters.
Para 53 (1): Restriction does not appear correct. Central Government should have powers to remove difficulties at all times!
Thanking you,
Yours Sincerely,
(M.V.Ruparelia).
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