Citizens Charter in Local Governments in Kerala

Last updated

Citizens charter in local governments in the Indian state of Kerala refers to a statement of paid and unpaid services, that a local government renders to a citizen residing in the local government area, for improving their living conditions and it includes the granting of financial assistance and the issue of permit, licence or certificate for any purpose. The charter enlists the name of services, the conditions for obtaining that service and the time limit within which the services are made available to the citizen.

Contents

Process of Preparation

Immediately after the constitution of the local government, following a general election, the local government shall, as soon as possible but not later than a period of six months therefrom, meet, discuss and decide as to whatever services the local government can make available to the Citizens, the conditions a Citizen shall have to fulfill for getting such a service and the time limit to make available the service. Before taking a decision to publish the Citizens charter, the local government should seek the views of the Secretary of the local body, other Officers concerned and consider the factors like availability of Officials, sufficiency of fund, etc. to provide time bound services as offered in the citizens charter. The local governments should, simultaneously, determine, the procedure of providing service, the quality and the fee leviable for the service if it is a paid one. It should be examined whether the service so offered to be rendered time bound shall be one that come within the ambit of the jurisdiction of the local government. The services offered by various institutions under the control of the local government should also be included in the citizens charter. The Charter should be prepared and published in the prescribed. The application form for obtaining the services should be made available to the people cost-free or by collecting the actual cost.

Publication of the Charter

The Citizens Charter prepared by the local governments in Kerala shall be published by affixing it on the notice board at the Office of the local government and on other notice boards fixed at public places in the local government area. As well, the citizens charter shall be printed in booklet form and distributed free of cost among the public. The local government shall give necessary publicity to the Citizens Charter and shall take steps to make available copies of the Citizens Charter to those who demand. The gist of the Citizens Charter published by the Panchayat shall be written in paint on a board and exhibited in the local government office so as to enable the public to view it easily. The Citizens Charter, thus published, shall also be read out in the next meetings of the Grama Sabha for wider publicity.

Duration of the Charter

A Citizens Charter prepared and published by a local government shall remain in force till the expiry of the term of the said local government council and thereafter till a Citizens Charter is prepared and published by the newly constituted council of elected functionaries.

Procedure for Obtaining Services

A person, in need of service enlisted in the Charter, shall apply in the form prescribed, to the local government Secretary or to the Officer concerned. The local government should have an enquiry counter for distributing the application forms, for receiving application and for giving reply to the enquiries in the respective office. A serial number shall be assigned to every application for service, received by the Secretary or the Officer concerned and the details such as the name of the applicant, the date of receipt of the application, the request in the application, etc. shall be recorded in a register. Immediately on receipt of an application, an acknowledgement receipt shall be issued to the applicant recording therein the probable date on which the service may be rendered, the name of the Officer whom the applicant may approach in this regard and other necessary details.

Obligation to Render Services

The local government, the secretary and the officers concerned in the local government have obligation to render a service referred in the Citizen's Charter to an eligible applicant within the respective time limit. The failure in providing the service will be treated as delinquency. If a service cannot be rendered within the stipulated time limit, the concerned Officer shall intimate the reason to the applicant within the said time limit. Simultaneously, if possible, the revised time limit shall also be intimated to the applicant. If an applicant feels that an Officer of the local body fails to render a service or cause delay, he may bring the complaint to the notice of the chairperson of the local government, which he shall personally examine and dispose of.

If a Chairperson or a Member of the local government or an Officer of the local government has deliberately committed default or delay in making available a service enlisted in the charter to a citizen, he may file a complaint before the Ombudsman for Local Governments in Kerala, alleging that the local government or the member of the local government or the Officer of the local government is guilty of committing ‘maladministration’ which is punishable by the Ombudsman.

Revision and Evaluation

The local government shall, once in every year, revise and update the Citizens Charter prepared and published after discussion. The purpose of revision of the Citizens Charter every year is for bringing in suitable changes based on the experience during the previous year and for including more services in it and for reducing the time limit in rendering the services. The revised citizens charter shall also be published in the notice boards of the local government and the copies shall be printed and distributed among the people. The local government shall often evaluate the progress in rendering services mentioned in the Citizens Charter and shall issue necessary guidelines to the Officers concerned.

A best practice

Cheruvannur-Nallalam Grama Panchayat has set a good example in implementing the Citizen’s charter in the right spirit. The panchayat has put up a wall-sized Citizen's charter outside its office. The charter enlists 55 services, categorized under different heads, offered to its citizens numbering around 60,000 in total. The applications for the services are accepted in a counter. A receipt, denoting the possible date on which the service can be made available, will be issued on the spot. The panchayat has as well, put up another large board at its entrance that provides the details of the section from where a particular service is offered and the officer in charge of the section and his presence so as to enable the citizens to obtain the services without hassles.

Simultaneously, the panchayat had experimented a front office counter where the applicant can submit the application and obtain the services, without going to the concerned section. Kerala Institute of Local Administration (KILA) has included the front office counter system as a best practice in its training programmes.

The panchayat has organized a well-kept record room which would help the panchayat in providing information under the right to information act. The report on good Governance at the grassroots level prepared by the Centre for Good Governance cites Nallalam-Cheruvannur as a good example from Kerala. [1]

The benefits or Outcome

The Charter makes it very clear that the services are their right and not a favour from the local government functionaries. The increasing demand for time bound services by the public may lead to qualitative improvement in services. The Charter will help the local body to evaluate the delivery of services annually and make necessary improvements in service delivery. The creation of The Charter will bring professionalism in to local government services and will help the services reach the less privileged class of people increasingly. The State of Kerala is showing a way to improve the service delivery in local government through creation of citizens charter.

See also

Further reading

  1. Kerala Panchayat Raj Act 1994
  2. Kerala Municipality Act 1994
  3. Kerala Panchayat Raj (Preparation of Citizens Charter) Rules, 2004
  4. Kerala Municipality (Preparation of Citizens Charter) Rules, 2000

Related Research Articles

Chapter 11:Accountability. Chapter 11 of the 1997 Constitution of Fiji is titled Accountability. Its 19 sections, divided into 5 parts, include a code of conduct expected of all government officers and employees, and establish a number of constitutional offices.

Development Management, formerly known as planning control, or development control, is the element of the United Kingdom's system of town and country planning through which local government or the Secretary of State, regulates land use and new building, i.e. development. It relies on a "plan-led system" whereby development plans are produced, involving various stages of public consultation prior to being adopted. Subsequently, development that requires planning permission, which is granted or refused with reference to the development plan as the starting point, then other material considerations are taken into account. The term "development management" is often abbreviated to DM.

Office of the Ombudsman (Hong Kong)

The Office of Ombudsman is a Hong Kong statutory authority, established on 1 March 1989, charged with ensuring that Hong Kong is served by a fair and efficient public administration that is committed to accountable, openness and quality of services. It operates mainly by investigating and giving recommendations to government departments.

Kerala is a state on the southwestern coast of India. Kerala, with appreciative development indicators comparable to developed countries, has been experimenting with decentralization and participatory local democracy, ultimately aimed at realization of the constitutional goal of establishing genuine "institutions of local self government" since the enactment of Kerala Panchayat Raj Act & The Kerala Municipality Act in the year 1994.

Kerala state has made many initiatives in the process of decentralization of powers. Creation of a tribunal for adjudication of conflicts between local governments and the citizens is an initiative of that sort.

Ombudsman for Local Governments in Kerala

Ombudsman for Local Governments in the Indian state of Kerala is an independent quasi judicial authority which investigates the complaints against the local governments of Kerala as well as the functionaries working under them. The Ombudsman functions at the State level with its headquarters in the State's Capital. Kerala is the only State in India that has such an institution to oversee the functioning of Local Self Government Institutions. A former judge of a High Court can be appointed as Ombudsman. Local Government Ombudsman in Kerala has been modelled in the pattern of Local Government Ombudsman, United Kingdom.But it has been endowed with the powers of punishment.

District Planning is the process of planning covering all local governments in a district based on a district-level development policy and integrating the district and sub-district plans of all the local governments into a consolidated district plan which will later be integrated with the state plan. The District Planning process will take into account the resources and the extent of legal responsibilities assigned to the district and below level governments, during the preparation of the district plan.

District Planning Committee (DPC) is the committee created as per article 243ZD of the Constitution of India at the district level for planning at the district and below. The Committee in each district should consolidate the plans prepared by the Panchayats and the Municipalities in the district and prepare a draft development plan for the district.

The restitutio in integrum or re-establishment of rights under the European Patent Convention (EPC) is a means of redress available to an applicant or patent proprietor who has failed to meet a time limit in spite of exercising "all due care required by the circumstances". The legal basis for this means of redress is provided in Article 122 EPC. If the request for restitutio in integrum is accepted, the applicant or patentee is re-established in its rights, as if the time limit had been duly met.

Ombudsman Official representing the interests of the public

An ombudsman, ombud, ombuds, or public advocate is an official who is usually appointed by the government or by parliament but with a significant degree of independence. In some countries, an inspector general, citizen advocate or other official may have duties similar to those of a national ombudsman and may also be appointed by a legislature. Below the national level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body.

Sir Idwal Vaughan Pugh KCB was a civil servant who was Permanent Secretary at the Welsh Office and distinguished himself as Parliamentary Commissioner for Administration and Health Service Commissioner for England, Scotland and Wales.

Union councils, also known as union parishads or rural council or Unions, are the smallest rural administrative and local government units in Bangladesh. Each Union is made up of nine wards. Usually one village is designated as a ward. There are 4,562 unions in Bangladesh. A Union Council consists of a chairman and twelve members including three members exclusively reserved for women. Union Parishads are formed under the Local Government Act, 2009. The boundary of each Union is demarcated by the Deputy Commissioner of the District. A Union Council is the body primarily responsible for agricultural, industrial and community development within the local limits of the union.

V. K. C. Mammed Koya Indian politician

V.K.C Mammed Koya is an Indian politician from Communist Party of India (Marxist), was the Member of the Legislative Assembly representing Beypore constituency in Kozhikode district in the Kerala Legislative Assembly and was the mayor of Kozhikode corporation. He was also a previous Member of the Legislative Assembly representing Beypore constituency in Kozhikode district in the Kerala Legislative Assembly from the year 2001 to 2006.

The National Register of Citizens for Assam is a registry (NRC) maintained by the Government of India for Assam. It containing names and certain relevant information for the identification of genuine Indian citizens in the state. Currently the register has been updated only for Assam. However, on 20 November 2019, Home Minister Amit Shah declared during a parliamentary session that the register would be extended to the entire country. The register was first prepared after the 1951 Census of India and since then it has not been updated until recently.

The Odisha Right to Public Services Act, 2012 is an Act of Odisha Legislative Assembly to cover various guarantees under a single umbrella at the state level. The idea is to generate a demand for services, and to provide citizens with a platform for getting their grievances redressed in a time bound manner.

Seaman Service Book

Seaman Service Book (SSB) is a continuous record of a seaman’s service. This document certifies that the person holding is a seaman as per the International Convention on Standards of Training, Certification and Watch keeping for Seafarers (STCW), 1978, as amended from time to time. Seaman Book is one of the compulsory document for applying crew transit visas. The record of employment on board of a merchant ship is recorded in a Seaman Service Book. Different countries issue to their seafarers the similar service book with different names i.e. Seaman Record Book, Seaman Discharge Book etc. In Pakistan Government Shipping Office issue this book under section 120 of Merchant Shipping Ordinance, 2001. It is mandatory for all seafarers serving on board ship, whether they are on the Minimum Safe Manning Certificate or not, to hold a "Seaman Service Book and Seaman Identity Document" (SID).

The United States Citizenship and Immigration Services is a subdivision of the U.S. Department of Homeland Security that adjudicates petitions and processes forms related to citizenship, residency, and various kinds of authorization to live and work in the United States. Many of the forms it processes are prerequisites for people outside the United States who are not United States citizens or permanent residents to obtaining visas to enter the United States in the specified status. Many of the USCIS immigration forms have long processing times. The USCIS offers some guidance regarding expected processing times through its website and through reports. This page describes the USCIS policies, the guidance they offer, and the courses of action in case of higher processing times.

The National Visa Center (NVC) is a center that is part of the U.S. Department of State that plays the role of holding United States immigrant visa petitions approved by the United States Citizenship and Immigration Services until an immigrant visa number becomes available for the petition, at which point it arranges for the visa applicant(s) to take the visa interview at a consulate abroad. It is located in Portsmouth, New Hampshire. It was established on July 26, 1994 on the site of an Air Force base that was closed down by The Pentagon.

Philippine President Rodrigo Duterte signed Executive Order No. 02, also known as the Freedom of Information (FOI) Program, on July 23, 2016, in Davao City. The executive order established the first freedom of information (FOI) Program in the Philippines covering all government offices under the Executive Branch. It requires all executive departments, agencies, bureaus, and offices to disclose public records, contracts, transactions, and any information requested by a member of the public, except for matters affecting national security and other information that falls under the inventory of exceptions issued by Executive Secretary Salvador Medialdea. The landmark order was signed two days before Duterte delivered his first State of the Nation Address and just three weeks after he assumed the presidency on June 30, 2016.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

References

  1. Panchayat Raj Update XV (9) September 2008 P 8
  1. A brief Write-up in ‘Kerala Calling’
  2. Kerala Local Bodies are Going Slow on Citizens Charter : Report in The Hindu Daily
  3. Citizens Participation in Urban Local Bodies : Policy Imaplications for Central finance Commission [ permanent dead link ]
  4. The Law and the Reality. The Hindu daily Report