HPAS/Allied Mains 2022 Answer Writing Challenge Day 120 : Model Answer

Question: Discuss the various features and challenges of Himachal Pradesh Public Service guarantee act, 2011. (8 Marks, 120 words.)

Answer:

Himachal Pradesh Public Service Guarantee Act(HPPSGA), 2011 is enacted by the Government of Himachal Pradesh to provide time bound Citizen Centric Services to the Public of the State. The Act came into force from 23rd September 2011.

Features of the Act:

1. Applicant Needs to submit application to the notified designated officer in the prescribed application form.
2. Designated Officers: These are the officers designated by the public authorities in all administrative units or offices under HPPSGA-2011 to provide service to the citizens requesting for service under the Act.
3. There is no fee for filling application under this act.
4. The state government may from time to tome notify the services, designated officers, first appellate, second appellate, and stipulated time limit for the purpose of this act.
5. Time limit starts from the date of receipt of application for notified service.
6. Designated officer should either reject or accept the application of service within stipulated time limit and in case of rejection, designated officer should give reason in writing to the applicant.
7. Appellate Authority as notified comes into action if the designated officer fails to provide the service within specified time. Any person, whose application is rejected 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. Appellate authority may order the designated officer to provide the service or may reject the appeal.
8. Second Appellate: If applicant is still not satisfied with the decision of first appellate authority than he has the option to go for second appellate authority. A second appeal should be file within 60 days of date of decision. The second appellate authority may order the designated officer to provide the service or may reject the appeal. Second appellate authority may impose a penalty on designated officer which shall not be less than 1000 rupees and not more than 5000 rupees.
9. Both first and second appellate authority has the power of civil court. Every order made by first and second appellate authority cannot challenge in any court.
10. Power to make rules : The State Government may, by notification published in the Official Gazette, make rules to carry out the provisions of this Act.

In 2015 amendment, this act ensured grazing permits within 24 hours, mortgage permission within two weeks, mortgage permission within two weeks, registration of birth and death within two days. Under this act ratio card would be prepared in stipulated time period of 60 days.

Challenges and Suggestions :

1. There is lack of clear roles and responsibility by implementing agencies has led to non-implementation of this act.
2. This act does not make it binding on the departments to notify their services under it.
3. There is no single window provision in HP to provide services under the act at one place.
4. Under the Right to Public Service, the citizen has to do all the leg work and running around, of putting together their papers and documentation, to be filed with the department. There is need for setting up the facilitation centres at the block level so that more people can use it.
5. There is lack of information regarding the functions of various departments in the public domain and the service information is scattered in nature. Instead of each department notifying services, there should be clearly defined job charts and citizen charters of each public department for each public function in the public domain.
6. Very limited participation of the citizen in the overall policy design under the Act.

• Given that the laws relate to public services and are widely used by citizens, it is also essential that citizens have a stake in the overall policy design and monitoring of such a system.
• To do this, the first step would be put out publicly the management information systems of the functioning of these laws.

7. The number of notified services in the Himachal Act is quite less as compared to that in States like Madhya Pradesh, Haryana, Odisha and Karnataka.

• There is need to broaden the scope of services provided under the Act.

8. The timeline for issues of various certificates like Domicile or income certificate is quite long as compared to that in MP, Uttarakhand and Haryana.

• This time limit should be reduced from current 21 days to at least 10 days.

The presence of information on the working of the public service laws, in the public domain, will increase peoples understanding of their provisions, and built their ability to use and monitor it.