Activists slam Maharashtra government's ordinance route for right to services

Activist and citizens on Tuesday criticised the move to bring in an ordinance for the Maharashtra Right to Public Services (RTS) stating that there was no 'emergency' for it. The Bill though introduced in the budget session was not cleared in both houses. On Monday, governor Vidyasagar Rao signed an ordinance on RTS, paving the way for the state to implement it.

As per the Bill submitted in the state legislature, public authorities means government departments and authorities, corporations and local bodies, co-operative societies and anybody financed by the government – not just 'substantially' financed as in the case of RTI Act. Even non-governmental organisations receiving financial assistance from state government will also be covered.

"Ordinances are not good for democracy. I am passionate about this law, but I do not think it can justify an ordinance. There is no emergency for it to be brought in this way as it is also violation of constitution," said Shailesh Gandhi, former central information commissioner.

Some said that an ordinance route is also acceptable if it serves public interest. "But is it actually in public interest? The bill that they submitted is not going to protect public interest. The CM may be having good intentions but there are several loopholes and bureaucrats will be exploiting it," Vijay Kumbhar, another activist, adding that the Bill was also heavily tilted towards bureaucracy.

According to activists, among the many loopholes in the Bill, which was tabled in the legislature, are an additional layer of appeal as compared to RTI model, services not defined as per citizens' charter and no proper time limit for implementation were some.

As per the RTS, a bureaucrat (designated officer) won't face action if s/he fails to deliver a particular service because of his/her dependence on another officer (deemed officer). "In such a case, both the designated and deemed officers should be called for hearing. We are hoping that once the Bill is introduced again, all these points will be considered," said Gandhi.

"This government is becoming an ordinance government. Despite having a majority they cannot pass a Bill," rued activist Bhaskar Prabhu.

Salient features of RTS

Designated officers to provide services in a stipulated time

Applicants to be provided with unique number to follow up application

First appeal can be filed which has to be heard in 30 days

Second appeal can be filed in 30 days and has to be heard in 45 days

Penalty can be imposed by first appellate authority of up to Rs 5,000. To be collected from officer within 30 days of order

Second appellate authority can uphold fine amount

Chief service commissioner or commissioner can impose fine on appellate authority too for protecting designate officer among other reasons

Repeated failure clause introduced in it with 10% of the defaults in total eligible cases he has received in year

Developing a culture to give services without seeking too many certificates etc.

Provision of extending days of appeal in certain circumstances

Unlike RTI

Addition of one more stage in the implementation mechanism. In RTI, matters end with second appeal. Out here service commission comes after second appeal.

Penalty not on day to day basis but amount depending on service. Maximum up to Rs 5,000 unlike up to Rs 25,000 in RTI.

Compensation is not mentioned.

Fine provision on designated officer and first appellate authority besides disciplinary action

Service commissioners as per revenue division Commissioners with knowledge on administration – automatically restricts it to bureaucrats unlike RTI Act where eminent people from different fields is the criteria.