Tuesday, November 25, 2014
Pune - hub of illegal Real estate activities,More than 150 projects violated Environment clearance norms
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Tuesday, November 18, 2014
Proposed fine for not wearing helmet is Rupees 2500 plus penalty points
The people who are opposing Helmets should be aware that in in proposed amendments’ to
the motor vehicle act fine for not not wearing helmets has been raised to rupees
2500/- . Not only that in addition to fine there will be system of penalty points.
The enforcing authority or any person authorized in this behalf shall allocate
penalty points corresponding to the specific offence to any person who commits
an offence.
At any point of time, if the cumulative total of the penalty
points accrued by a driver crosses the limit of twelve (12) points, the driving
licence shall be suspended for the period of one year. If a driver whose
licence has been suspended again accumulates twelve (12) points, that person’s driving
licence shall be cancelled for a period of five years.
Currently protests are being held against the wearing of
helmets by two wheeler riders. The protestors do not want that the law be
enforced while agreeing that helmets are necessary. They ask how many
government and police personnel are following the rule. They even quote Union
Minister Nitin Gadkari who did not wear a helmet recently. They even give the
excuse that small size helmets are not available in the market for children.
The protestors are against enforcement of the law and not to the law itself!
It appears that the protestors clean forget the humanitarian
aspect because lives are lost in the absence of helmets. Who can compensate the
loss of a life? This stand of those who protest against helmets is against the
prevailing law and encourages people to break our own laws. Additionally, it is
contempt towards the High Court and the Supreme Court who have upheld this law.
The protestors may well have a point but the manner in which
it is being put up is not appropriate. Surprisingly and sadly, public
representatives holding important positions are among the protestors. These
protestors obviously have political backing. Hence, they should take up with
the authorites to change the law rather than encourage the public to violate
the law.
Various schemes for penalty points and fines in proposed amendments
are as under
Tuesday, November 4, 2014
Dark past of ‘The Right to Service Act’ in Maharashtra
Recently the Chief Minister of Maharashtra Mr. Devendra Fadnavis announced introduction of the Right to Service Act. Actually such a law already exists in Maharashtra. The only problem is, literary geniuses of Maharashtra have successfully killed it even before its implementation. This law is called ‘The Maharashtra Government Servants Regulation and Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005’. Popularly known in Maharashtra as PoDiDoODA. Provisions of Citizen Charter are almost same as “The Right to service Act’. Some people are now insisting that the current law should be implemented instead of enacting a new law. The babus in Mantralay will love to do so because they have already made it toothless by a weapon called circulars and amendments.
There are several laws in the state of Maharashtra, which if implemented would ensure good governance. However, these laws are not implemented in letter and spirit. For example the Lokayukta Act or the ordinances passed to take action against the corrupt, the law to regulate transfers of government employees and to prevent administrative-delays. There are some more laws and rules, which have been introduced in good faith and with a positive approach. But unfortunately the literary geniuses in Mantralay have killed these laws even before they were properly introduced.
Literary geniuses in Mantralay keep issuing numerous circulars, which are never implemented. It becomes a case of “you tell me the person and I shall tell you the circular”, thus putting into action only those circulars, which benefit the officers or their cronies. Other circulars are thrown in the waste paper basket and none feels bad or sad about it. These circulars are cleverly drafted. If some issue is to be evaded, then the choice of words is so 'creative' as to abash even a litterateur. Perhaps these circulars would pass off as pieces of excellent literary talent. Let us see how they silently killed PoDiDoODA.
It all started in 2000 when Anna Hazare’s agitations were at their peak and the government was worried about his fast. So they introduced several laws and circulars for Good Governance. And later on, tactfully took the soul out of them. On 8th march 2000, the government of Maharashtra issued first circular on this topic. It said “The citizens have minimum expectations from the government; they expect government to provide the services in minimum time and of proper standard. Hence, the Government has issued guidelines on ‘transparency, accountability towards Citizens, to make laws simple and citizen charter.’
And as a part of this initiative, the Government issued instructions that every department should prepare a citizen charter mentioning:
1) The period within which specific services will be provided from various departments,
2) The type services that will be provided,
3) The documents that will be necessary to provide such services,
4) The person to be contacted if the service is not provided in specified time.
A committee was also formed to prepare such a citizen charter. Documentation was to be kept to the minimum. It was to be publicized widely. The persons posted on the counters opened to provide such services were to be polite. The Citizen was to be informed on the spot if there was any flaw in his or her application and also to be informed in writing of the date that the concerned service will be provided. There was to be a penalty if the service was not provided in time and an incentive for prompt service. An appropriate place with arrangements for drinking water was to be provided to the citizens asking for such services.
Sounds interesting, isn’t it? However, in time to come, the Babus hand in gloves with the politicians (the Neta-Babu nexus) kept introducing circulars after circulars for so-called “proper” implementation of the Citizens Charter. Finally, after five years from first circular, the Government of Maharashtra enacted the law, Maharashtra Government Servants Regulation and Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005. This Act has two parts, one for regulation of transfers of government employees and another to prevent administrative delays. The first part was implemented and later on manipulated for the convenience of government employees. But the second one was not implemented immediately as it was in the interest of the common citizens but would have ensured discipline amongst government employees.
Meanwhile, the Babus issued so many circulars so that the Act became defunct. This Act came into force on 1st July 2006 and within three months; the babus came out with a circular on 30th October 2006 explaining the meaning of some of the provisions of the act. This was actually the death warrant for the Act. The circular said:
1) Municipal corporations, municipalities and panchayats were out of the ambit of this Act under the pretext that these institutions have their own rules and regulations.
2) The time taken for a report from an authority not covered under this act was allowed to be deducted from the total time required to provide the specified service (E.g. if a certificate from the collector’s office involved a report on the date of birth from a Municipality).
3) If the public servant concerned is on leave or is on another duty, then such matters are to be considered before initiating action against him. This, in effect, releases all public servants from their responsibilities of the Citizens Charter.
4) If the case has not been decided in the specified time, then the servant concerned will have to state reasons for it and after consideration, his senior may grant him/her more time. This made the provision of timely service meaningless.
5) If specified service has not been provided in time and if it is proved that it has not been done because of the act of the difficulties of the public servant concerned, then (s)he will not be penalized.
There are several other things that provide security to the public servant but in no way helps common citizen to receive services (s)he requires. Hence, this Act has become almost null and void. It is, therefore, pointless to insist for PoDiDoODA because it will meet the same fate as the babus are entrenched and the same babus with changed loyalties will now be in action.
PoDiDoODA applies to Mantralay and its departments. The government has introduced a separate law for municipal corporations, municipalities and panchayats. This act is known as “Maharashtra MunicipalCorporations and Municipal Councils (second amendment ) Act, 2010. With this amendment to Bombay Provincial Municipal Corporation Act, 1949, Nagpur City Corporation Act 1948 and the Maharashtra Municipal Councils and Nagar Panchayats and Industrial Townships Act 1965 came into force on 16th august 2011.The provisions of this Act are similar to PoDiDoODA and almost all the establishments covered under this Act have been tasked to prepare citizen charters but service has not been provided as per the Act anywhere.
The funniest part is that the rules for PoDiDoODA came in to force in November 2013 i.e. after seven years of its promulgation. Hence, citizen’s charter was not implemented in many departments. Even then,the then Chief Secretary of Maharashtra Ratnakar Gaikwad in 2011 , tried to assess the impact of the penal provisions of Section10 (2) and (3) of the Act. As per these sections if service is not provided within specified time the public servant concerned is liable for action as per civil services rules. Not surprisingly, nobody replied as they knew it was just a formality to show what government was doing for so-called Good Governance.
So there is no point in insisting for implementation of PoDiDoODA. Instead the Chief Minister of Maharashtra Devendra Fadnavis should promulgate the “Right to Public Services Act” ( ‘लोकसेवा हमी कायदा’) in Maharashtra as instructed to the Chief secretary. It will be great if citizens of Maharashtra also help Government in this regard.
As on date, Right to Public Services Act is in force or in process in many states. The people of Maharashtra have an opportunity to participate in the process of drafting a good law, taking in to consideration the experience in other states. So they should go through the acts-bills reproduced below also ask their friends and relatives in respective states their experience in this regard and give suggestions, so that citizens of Maharashtra will be able give ‘citizens draft’ on “ Right to services Act’ to government.
Central Government Bill - http://goo.gl/6vxFaY
Punjab - http://goo.gl/V8sJFM
Madhya Pradesh - http://goo.gl/xBU2LF
Jharkhand - http://goo.gl/1M0e1H
Karnataka - http://goo.gl/6jNeqE
Odisha - http://goo.gl/pBbZc8
Goa - http://goo.gl/SpCyJL
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