Soon, babus who delay services may face fines

NEW DELHI: The Cabinet on Thursday will consider a Bill providing for time-bound delivery of services like pensions, passports, caste certificates, ration cards and tax refunds with a penalty of Rs 250 a day subject to a maximum of Rs 50,000 for default. The right of citizens for time-bound delivery of goods and services and redressal of grievances Bill is to be enacted under the concurrent list, which means all states have to offer the entire gamut of services listed by the Centre's citizen's charter. Although many states offer time-bound delivery of certain services, the list is not as exhaustive as conceived by the Centre in response to the Anna Hazare agitation that shook the Manmohan Singh government through 2011. Provisions of the bill allow a state or central grievance redressal commission to refer a case for criminal investigation or inquiry by Lokpal if the panel concludes there is evidence of corruption in delayed dispensation of services. Public authorities required to provide services include constitutional and statutory bodies, public-private partnerships, notified entities, government-funded NGOs, government companies and private firms offering services outsourced by government. The Cabinet is also likely to discuss the September 2012 Supreme Court order amending its 2G ruling. The court had relaxed its view that natural resources must be allocated only by auctions. Official sources said the bill on delivery of services promises a more tangible sense of empowerment than a Lokpal as it deals with every day corruption and red tape that fuelled public support for the Hazare stir. "Problems like power bills and caste certificates will be covered, it will be applicable through out the country like RTI," they said. The standing committee that examined the citizen's charter concluded that the Centre has the power under entry 8 of the concurrent list dealing with "actionable wrong" to legislate as long as the states are independent in implementing the bill. The panel also examined the time-bound services bill introduced in the Lok Sabha in December, 2011, and in its report submitted in June, 2012, suggested several changes that have been largely incorporated by the bill. The 15-month delay between the first version of the bill and cabinet clearance points to UPA-II's preoccupations and the glacial pace of legislation. But the government seems keener about this bill than the Lokpal legislation. Once legislated, the bill will require public authorities to publish a citizen's charter specifying goods and services and the time limits for delivery. There will be grievance redress officers at central, state, district, sub-district, municipality and panchayat levels. An aggrieved person can within 30 days file an appeal to a designated authority that has a further 30 days to dispose of it. This authority can impose a lump sum penalty that is to be recovered from the official responsible for delays. Where it appears that the complaint is indicative for a corrupt action under the prevention of corruption act, the case can be referred to a competent authority to take cognizance. A person unhappy with the decision of the central redressal commission can approach the Lokpal or Lokayukta. Source: TOI