Public Service Guarantee Act and State Information Commissions

[jps50]

M.P., Bihar, Punjab, Uttarakhand, Delhi, J & K, UP, Rajasthan, Jharkhand, Karnataka, Kerala, Himachal Pradesh have implemented Public Service Guarantee Act to guarantee time-bound delivery of services govt offices. Such a law of Central Govt is pending with Standing Committee of Parliament.

These State Acts guarantee as a matter of right to get delivery of govt services in a time bound method by citizens or else concerned employee is penalized for per day delay beyond stipulated time limit. The citizen is also entitled to compensation in some states.

I am sure State Information Commissions [SIC] being State entities should be within purview of this act. If this is so, RTI applicants should invoke this act to get decisions from SICs in a time frame declared under this act.

I am trying to study some of these State Acts. I am requesting our members to explore this possibility in their states, where appeals/complaints are lingering with SIC for long time. State Acts would be on website of State Govt or can be googled.

Feed back and experience of members will be useful to other members also

[ajaybiotek]

Sponsorer

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[vsprajan]

Thanks to Shri. J.P.Shah Ji, for this important information.

It is important to know the scope and ambit of the definition of the term " Public service" under the Public service guarantee act , before we invoke the said act for those functions connected to first appeals, second appeals and complaints under the rti act, 2005.

The reason is as follows - With regard to the decisions from SIC, connected to first appeals, Second appeals, complaint, they are basically adjudication process / quasi judicial procedures, and such procedures cannot be termed as "Services" based on the view of the apex court in S.P. Goel v. Collector of Stamps, Delhi . The Supreme Court, therein held that judicial / quasi-judicial functions cannot be termed as service.

Rajan.

[jps50]

Proposed Central Govt act has following definitions:

The Right of Citizens for Time Bound Delivery of Goods and Services and Redressal of Their Grievances Bill 2011

(o) "service" means all the goods and services, including functions, obligations, responsibility or duty, to be provided or rendered by a public authority;

(n) "public authority" means any authority or body or institution of self government established or constituted,—
(i) by or under the Constitution;
(ii) by any other law made by Parliament;
(iii) by any other law made by State Legislature;
(iv) by notification issued or order made by the appropriate Government,
and includes any,—
(A) body owned, controlled or substantially financed;
(B) non-Government organisation substantially financed, directly
or indirectly by funds provided by the appropriate Government;
(C) an organisation or body corporate in its capacity as an
instrumentality of “State” as defined under article 12 of the Constitution
and rendering services of public utility in India;
(D) a Government company as defined under section 617 of the
Companies Act, 1956;
(E) any other company which supply goods or render services in
pursuance of an obligation imposed under any Central or State Act or
under any licence or authorisation under any law for the time being in
force or by the Central or State Government;
(v) by an agreement or memorandum of understanding between the
Government and any private entity as Public-Private Partnership or otherwise;

States have notified services which are included in this Act and may not contain SIC in the notification. However it may be added in time to come. Majority of States have defined public authority as above.

[sharmajee]

Thanks Mr Shah for starting valuable thread.

I do see scope of Public Service Guarantee Act in a much broader context / perspective than limited to SIC office, however by enhancing our understanding we may use the same act as a prelude to seek time-bound delivery of services from govt offices on our grievances/ genuine concerns.

If public is made aware about use of PSGA and govt officers responds as per its spirit and public grievances are redressed than this may help a common man to restrict his RTI to 500 words and in long run may help reduce burden of appeals in SICs/CIC.