जानिए आपके अधिकार अगर आप सीवर जाम की समस्या को लेके अपने नगर निगम से काम करवाने में परेशान हो रहे हैं? या आपको जन्म/ मृत्यु सर्टिफिकेट या किसी अन्य काम कराने में दिक्कत आ रही है?

जानिए आपके अधिकार अगर  आप सीवर जाम की समस्या को लेके अपने नगर निगम से काम करवाने में परेशान हो रहे हैं? या आपको जन्म/ मृत्यु सर्टिफिकेट या किसी अन्य काम कराने में दिक्कत आ रही है? Are you a victim of poor service delivery of Municipal Corporations in Haryana? 

Some of the municipality services in Haryana includes:

•     Registration of Birth/ Death and Issue of certificates
•     Water Supply and Sewage Management
•     Maintenance of parks
•         Installation and maintenance of street lights
•     Repair, construction and maintenance of internal roads
•     Removal of garbage
•         Health services
•        Other services

Govt of Haryana has notified some of the services to be delivered within certain time limits failing which the designated officers are liable to be penalized/ disciplinary action taken and the affected citizen can also be paid out of such amount so collected from the designated officer as penalty for untimely or non-delivery of the requisite services.

The present article deals with some of the utility services of the Urban Local Bodies, Municipalities for the purpose of dissemination of information to the citizens of Haryana and the recourse available to the citizens if the services are not rendered within the notified time lines. It is expected that the dissemination of the information would be one of the steps to empower the citizens through an awareness. Citizens are advised to discharge their responsibilities before asserting these rights and one of the responsibilities includes to speak up and take up the grievances in case, the citizen feel being humiliated and their rights to the listed/ notified services being compromised.

While the services under consumer protection Act are available to the consumers as defined under Consumer Protection Act, citizens also have recourse available under Right to Information Act (RTI). Another remedy that may be available to the citizens is Right to Service Act for some of the utility’s services of revenue department, Urban Local Bodies, and municipalities which are covered under Right to the Service Act with a view to provide for the delivery of service to eligible person within   the       notified rime limits and for matters connected therewith and incidental thereto. The present article bring out an information on some of the municipality’s services and citizens’ rights to the timely receipt of the listed services within the notified time limits. The State Government by notification has notified the Designated Officer, First Grievance Redressal Authority and Second Grievance Redressal Authority for the notified services. Some of the notified services with time limits and details of the designated officer, first grievance redressal authority and second grievance redressal authority are as listed in this article. 

Time lines specified for delivery of  Municipal Services/ Urban Local Bodies to Citizens   

Municipal Services (click here) 

Providing of service

The Designated Officers have been notified who shall provide the service to the eligible person within the notified time limit. In case the designated officers fails to render the services, the citizen can appeal before the first grievance officer and second grievance officer. If the citizen is aggrieved of the order of 2^nd grievance redressal officer, the citizen can file application before the Commission for the Revision.   

2.    Procedure for obtaining service

The citizen is required to make a written request or in a specified application form to the Designated Officer for obtaining the requisite service. The Designated Officer shall, on receipt of an application for the service is either to provide service or reject the application within the notified time limit and in case of rejection of application, the designated officer is required to record the reasons in writing and intimate the same to the applicant. The Notified time limit shall start from the date when requisite complete application for notified service is received by the Designated Officer or a person subordinate to him authorized to receive the application. Such applications are required to be acknowledged.

3.     First appeal.

Any eligible person, whose application for obtaining service is rejected under or who is not provided the service within the notified time limit, may file an appeal to the First Grievance Redressal Authority within thirty days from the date of rejection or the expiry of the notified time limit, as the case may be:

The First Grievance Redressal Authority may admit the appeal after the expiry of thirty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.

The First Grievance Redressal Authority after considering the matter finds the grievance of the citizen appears to be genuine, it may direct the Designated Officer to provide the service within seven working days, or such period as may be specified by it and in case of default, to appear before it in person and explain reasons thereof.

After affording an opportunity of hearing to the Designated Officer and the eligible person, the First Grievance Redressal Authority may pass a reasoned order in writing either accepting the appeal or rejecting the same.  Decision in appeal is required to be communicated to both the parties by registered post.

The first appeal is required to be finally disposed of   within a period of thirty days of its receipt.

4.     Second appeal.

Any eligible person, whose appeal for obtaining service is rejected or who is not provided the service within the time specified in the order accepting the appeal by the First Grievance Redressal Authority may file appeal to the Second Grievance Redressal Authority within sixty days from the date of such rejection or the expiry of the time specified by the First Grievance Redressal Authority. The Second Grievance Redressal Authority may     admit the appeal after the expiry of sixty days if it is satisfied that the appellant was prevented by sufficient cause from filing the appeal in. time.

The second grievance redressal authority is required to pass a reasoned order in writing either accepting the appeal and directing the Designated Officer to provide service to the eligible person within seven working days or within such period, as may be specified or reject the same in writing detailing the reasons for such rejection provided that before rejecting the appeal, an opportunity of hearing to the eligible person shall be granted by the Second Grievance Redressal Authority. Further that an order made by the Second Grievance Redressal Authority under this section shall be communicated to both the parties by registered post. The appeal shall be decided by the Second Grievance Redressal Authority within a period of sixty days from the date of receipt of appeal. as far as possible.

5.     Power to summon and inspection.

The First Grievance Redressal Authority and the Second Grievance Redressal Authority shall, while deciding an appeal under the provision of this Act, have the same powers as are vested in civil court while trying a suit under the Code of Civil Procedure. 1908 (5 of 1908) in respect of the following matters, namely: -

i)                requiring the production and inspection of documents;

ii)               issuing summons for hearing to the Designated Officer and the appellant; and

iii)             any other matter, which may be prescribed.

 

6.     Penalty

Where the Second Grievance Redressal Authority is of the opinion that the Designated Officer and/or any other official involved  in the process  of  providing such service has failed to provide service without sufficient and reasonable cause, it .may impose a lump sum penalty on the Designated Officer and/or  any  other   official   involved   in   the  process  of providing such service, which shall not be less than two hundred and fifty rupees and not more than five thousand rupees in each case.

Where the Second Grievance Redressal Authority is of the opinion that the Designated Officer and/or any other official involved in the process of providing such service has /have caused undue delay in providing the service, it may impose a penalty up to the rate of two hundred and fifty rupees per day for such delay on the Designated Officer and/or any official involved in the process of providing such service, which shall not be more than five thousand rupees in each case.

The Designated Officer and/or any other official involved in the process of providing such service shall be given a reasonable opportunity of being heard before any penalty is imposed. The Second Grievance Redressal Authority may, by an order, give as compensation an amount up to one thousand rupees to the appellant to be paid by the Designated Officer or any other official, as the case may be.

The Second Grievance Rcdressal Authority may, if it is satisfied that the Designated Officer and/or any other official involved in the process of providing such service has/have failed to discharge the duties assigned without sufficient and reasonable cause, recommend disciplinary action against the defaulters under the service rules applicable to them in addition to the penalty so imposed.

7.    Revision of the Order

Any person who is aggrieved by the order of the Second Grievance Redressal Authority, may file revision before the Commission within a period of ninety days froom the date of such order. However, The Commission may entertain the application after the expiry of the said period of ninety days, if it is satisfied that the revision could not be filed in time due to a reasonable cause.

8.    Display of services and the notified time limit.

Notified services under this Act for which time limit have been framed shall be displayed locally and on website by the Secretary of the Department concerned for information of the public. 

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