A draft of the Maharashtra Guarantee of Public Services Bill, 2015, put up by the state government has got harsh reviews. While some are calling it a step forward in the right direction, most are slamming it for being 'not just weak' but also an 'escape from punishment'.
A draft of the Maharashtra Guarantee of Public Services Bill, 2015, put up by the state government has got harsh reviews. While some are calling it a step forward in the right direction, most are slamming it for being 'not just weak' but also an 'escape from punishment'.
The Public Services law is supposed to ensure that services rendered by the government to the citizen are done within the stipulated time and enable the citizen to take action against the public servant if he/she fails to provide services.
"It is a good step, but they should have mentioned some remedies also. I have seen an earlier draft which provided the penalty amount and also the compensation one can get if he/she is not getting services. They should have also listed the services as all these factors can be debated by our elected representatives when the Bill is being discussed," said Shailesh Gandhi, former central information commissioner, who has been demanding the Act.
However, Gandhi was hopeful that if implemented properly, it could, coupled with the Transfer and Delays Act, lead to certain positive changes. "But there are a few things that they should have ensured exists in the Bill itself. These are the penalty provisions and services among others," said Gandhi.
Vijay Kumbhar, another activist, said, "Rules keep changing and penal provisions ought to have been mentioned in the Act itself like the RTI. This is not just weak but also a draft that is designed for an officer to escape any kind of punishment."
One of the reasons for the draft being so weak was that officers of the same department seemed to have been made appellate authority, said Kumbhar. "At the end of the day, a senior is responsible and they will save the juniors. They are talking of IT but not as much emphasis is given under what kind of services," he added.
Other issues that activists site from preliminary reading is the filing of a second appeal. If a first appellate authority does not provide an order, one can file a second appeal after 90 days. "That is a long wait for a service that should be given in 30 days. What it means is that for six months, a person will not able to do anything about it," said Gandhi.
While activists have welcomed the decision that designated officers can be fined by first appellate authority, they are apprehensive about the provision of the second appellate authority having the power to fine the first.
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