The Himachal Pradesh Public Service Guarantee Act 2011

Right to Public Services legislation in Himachal pradesh comprises statutory law which guarantee time bound delivery of services for various public services rendered by the Government to citizen and provides mechanism for punishing the errant public servant who is deficient in providing the service stipulated under the statute. The Himachal Pradesh Public Service Guarantee Act 2011

Key provisions of the act

The State Government may, from time to time, notify the services, designated officers, first appellate authority, second appellate authority and stipulated time limits for the purpose of this Act.
Right to obtain service within stipulated time limit: The designated officer shall provide the service notified under section 3 of the law to the person eligible to obtain the service, within the stipulated time limit.
Stipulated time limit shall start from the date of receipt of application for notified service by the designated officer or the person subordinate to him authorized to receive such applications and such application shall be duly acknowledged by him.
The designated officer on receipt of an application under shall, within the stipulated time limit, either provide service or reject the application and in case of rejection of application, shall record the reasons in writing and intimate to the applicant.

Right to appeal

Any person, whose application is rejected under sub-section (2) of section 5 or who is not provided the service within the stipulated time limit, may file an appeal to the first appellate authority within thirty days from the date of rejection of application or the expiry of the stipulated time limit, as the case may be : Provided that the first appellate authority 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.
The first appellate authority may order the designated officer to provide the service within the specified period or may reject the appeal.
An appeal under sub-section (1) shall be disposed of within thirty days of the receipt of the appeal or within such extended period not exceeding a total period of forty-five days from the date of filling thereof, as the case may be, for reasons to be recorded in writing.
If the designated officer does not comply with the order of providing the service under sub-section (2), then the applicant aggrieved from such non-compliance may file a second appeal to the second appellate authority.

Powers and functions of second appellate authority.

A second appeal against the decision under sub- section (2) of section 6 shall lie within sixty days from the date of decision to the second appellate authority:
Provided that the second appellate authority may admit the appeal after the expiry of the period of sixty days, if he is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.
The second appellate authority may order the designated officer to provide the service within such period as he may specify or may reject the appeal.
The first appellate authority and the second appellate authority shall, while conducting proceedings under this section have the same powers as are vested in a Civil Court while trying a suit under the Code of Civil Procedure, 1908.
In any appeal proceedings, the onus to prove that denial of a request was justified shall be on the designated officer, who denied the request or failed to provide the services within stipulated time limit.

Penalty

Where the second appellate authority is of the opinion that the designated officer has failed to provide service or has caused delay in providing such service without sufficient and reasonable cause, then he may impose a lump sum penalty which shall not be less than one thousand rupees but not more than five thousand rupees.

The second appellate authority may order to give any amount as compensation to the appellant from out of the penalty imposed under this section, but the amount of such compensation shall not exceed the amount of penalty imposed.

If the second appellate authority is satisfied that the designated officer has failed to discharge the duties under this Act, without sufficient and reasonable cause, then it may also recommend to the appointing or disciplinary authority of the designated officer that disciplinary action under the applicable service rules be also initiated against such officer.

Protection of action taken in good faith

No suit, prosecution or other legal proceedings shall lie against any person for anything which is in good faith done or intended to be done under this Act or the rules made there under.

Bar of jurisdiction

Save as otherwise expressly provided in this Act, every order made by designated officer, first appellate authority or second appellate authority shall not be called in question by any court or before any officer or authority.

The Himachal Pradesh Public Service Guarantee Act 2011 is an act to provide for the guarantee of time-bound delivery of certain public services to the people of the State of Himachal Pradesh and for matters connected therewith or incidental thereto.

The Act provides for the following sub-topics:

Definitions
Object and scope
Guaranteed services
Time-limits for delivery of services
Procedure for delivery of services
Monitoring and evaluation
Penalty for non-compliance
Offences and penalties
Repeal and saving
Power to make rules
Power to remove difficulties
Short title and commencement

Definitions

In this Act, unless the context otherwise requires,–

(a) “Act” means the Himachal Pradesh Public Service Guarantee Act, 2011;

(b) “Appointing Authority” means the authority empowered to appoint officers and employees under this Act;

(d) “Complainant” means a person who makes a complaint under this Act;

(e) “Department” means a department of the State Government;

(f) “Director” means the Director of Public Service Guarantee, Himachal Pradesh;

(g) “Government” means the Government of the State of Himachal Pradesh;

(h) “Head of Department” means the Head of a Department of the State Government;

(i) “Officer” means a person appointed to a post under this Act;

(j) “Person” includes an individual, firm, company, association or body of individuals;

(k) “Public Service” means a service provided by the Government or any of its departments or agencies to the public;

(l) “Service Guarantee Cell” means a cell established under section 4;

(m) “Time-limit” means the time-limit specified for the delivery of a public service under this Act;

(n) “User” means a person who avails of a public service.

Object and scope

The object of this Act is to provide for the guarantee of time-bound delivery of certain public services to the people of the State of Himachal Pradesh and for matters connected therewith or incidental thereto.

Guaranteed services

The following public services are guaranteed under this Act:

(a) Issuance of birth certificate;

(b) Issuance of death certificate;

(d) Issuance of caste certificate;

(e) Issuance of domicile certificate;

(f) Issuance of income certificate;

(g) Issuance of residence certificate;

(h) Issuance of character certificate;

(i) Issuance of no objection certificate;

(j) Registration of birth;

(k) Registration of death;

(l) Registration of marriage;

(m) Registration of property;

(n) Issue of driving licence;

(o) Issue of passport;

(p) Issue of ration card;

(q) Issue of electricity connection;

(r) Issue of water connection;

(s) Issue of telephone connection;

(t) Issue of gas connection;

(u) Issue of house tax receipt;

(v) Issue of trade license;

(w) Issue of building permission;

(x) Issue of no objection certificate for construction;

(y) Issue of clearance certificate for commencement of business;

(z) Issue of pollution control certificate;

(aa) Issue of fire safety certificate;

(ab) Issue of Health certificate;

(ac) Issue of fitness certificate;

(ad) Issue of occupancy certificate;

(ae) Issue of completion certificate;

(af) Issue of mutation certificate;

(ag) Issue of NOC for change of land use;

(ah) Issue of NOC for conversion of agricultural land into non-agricultural land;

(ai) Issue of NOC for felling of trees;

(aj) Issue of NOC for mining;

(ak) Issue of NOC for quarrying;

(al) Issue of NOC for setting up of industries;

(am) Issue of NOC for establishment of educational institutions;

(an) Issue of NOC for establishment of hospitals;

(ao) Issue of NOC for establishment

What is the Public Service Guarantee Act?

The Public Service Guarantee Act is a law that requires government departments to provide certain services to citizens within a specified time frame. The Act was passed in 2011 and has been implemented in several states, including Himachal Pradesh.

What are the benefits of the Public Service Guarantee Act?

The Public Service Guarantee Act has several benefits, including:

It ensures that citizens have access to essential services in a timely manner.
It reduces Corruption and delays in service delivery.
It increases Transparency and Accountability in government.
It builds trust between citizens and the government.

What are the challenges of implementing the Public Service Guarantee Act?

There are several challenges to implementing the Public Service Guarantee Act, including:

Lack of Resources: Government departments often lack the resources to provide services within the specified time frame.
Lack of coordination: There is often a lack of coordination between different government departments, which can lead to delays in service delivery.
Lack of awareness: Many citizens are not aware of the Act or their rights under it.

What can be done to address the challenges of implementing the Public Service Guarantee Act?

There are several things that can be done to address the challenges of implementing the Public Service Guarantee Act, including:

Providing more resources to government departments.
Improving coordination between different government departments.
Raising awareness of the Act and citizens’ rights under it.
Strengthening the monitoring and evaluation system.

What is the future of the Public Service Guarantee Act?

The Public Service Guarantee Act is a promising initiative that has the potential to improve service delivery to citizens. However, there are several challenges that need to be addressed in order for the Act to be successful. With the right support and resources, the Public Service Guarantee Act can make a real difference in the lives of citizens.

What are some examples of services that are covered by the Public Service Guarantee Act?

Some examples of services that are covered by the Public Service Guarantee Act include:

Issuing a birth certificate
Issuing a death certificate
Issuing a ration card
Providing a driving license
Providing a passport

What are the penalties for non-compliance with the Public Service Guarantee Act?

Government officials who fail to comply with the Public Service Guarantee Act may face penalties, including:

Suspension from service
Removal from service
Criminal prosecution

The Himachal Pradesh Public Service Guarantee Act 2011 was enacted to:
(a) Provide a time-bound delivery of public services to citizens.
(b) Ensure transparency and accountability in the delivery of public services.
(c) Promote citizen participation in the delivery of public services.
(d) All of the above.
The Act covers the following services:
(a) Birth and death registration.
(b) Issuance of caste and income certificates.
(c) Issue of driving license and registration of vehicles.
(d) All of the above.
The Act provides for the following penalties for non-compliance:
(a) Imposition of fines.
(b) Suspension or removal of public servants.
(c) Prosecution of public servants.
(d) All of the above.
The Act has been successful in reducing the time taken to deliver public services. For example, the time taken to issue a driving license has been reduced from 30 days to 15 days.
The Act has also been successful in increasing transparency and accountability in the delivery of public services. For example, all public servants are now required to wear identity cards and display their contact details.
The Act has also been successful in promoting citizen participation in the delivery of public services. For example, citizens can now file complaints against public servants who do not comply with the Act.
The Act has been a positive step towards improving the delivery of public services in Himachal Pradesh. However, there are some challenges that need to be addressed. For example, the Act does not cover all public services and the penalties for non-compliance are not always deterrent enough.
Despite these challenges, the Act has been a success and has made a positive impact on the lives of the people of Himachal Pradesh.