ONLY YOU CAN BRING GOOD GOVERNANCE There is a law in Maharashtra which has the potential of giving good governance to citizens. However since most citizens are unaware of it, it is used very little. On a few occasions when citizens use it, government officers treat it with complete disdain and refuse to take actions as mandated in the law. A law is what is written and passed by legislature, and it cannot be anybody’s whim whether to follow it not. The provisions of the law are very clear and require disciplinary action to be taken against government officers who violate it. Government officers fear disciplinary action more than financial penalties. If citizens start invoking its provisions in large numbers, there is a strong possibility that the government will start abiding by it. If that does not happen by this yearend we will get the statistics from the grievance website and confront the government. If we are not able to persuade the government, we will approach the courts. Usually government enforces the law. Like RTI, this is one more law which empowers citizens who must enforce it. Any citizen can follow the following simple steps and contribute to getting better governance. You have the potential to change the paradigm of governance in Maharashtra. Anyone can use it sitting at home. GOVERNMENT SERVANTS REGULATION OF TRANSFERS AND PREVENTION OF DELAY IN DISCHARGE OF OFFICIAL DUTIES Transfers, Charters and Delays Act (ACT 21 of 2006) Ready formats for citizens to implement three important sections of the law. 1. Section 4: When an officer is transferred in less than 2 years, send letter to Secretary of Department. : “Mr….. in….. Department at…..has been transferred from his job without completing his 3 year tenure. This is in violation of Section 4 of the ‘Transfers, Charters and Delays Act 21 of 2006.’ Please give me the reasons for this and give me the weblink where this has been displayed in compliance with the order of the State Information Commission” 2. Section 8. If Citizens Charter not made and updated each year, send letter to Secretary of Department/ Municipal Commissioner: “The Citizen’s charter has not been prepared/updated as per Section 8 of the Transfers Charters & Delays Act 21 of 2006. Please fix responsibility for this lapse and take action against the responsible officer. Also please inform me of the date by which an updated Citizen’s charter would be displayed.” In the case of BMC please mention Section 64A of Mumbai Municipal Corporation Act. 3. Section 10. Decision and action on any file (application/representation/complaint/other decisions) must be taken in 90 days. If this is not done send a letter to the Secretary of Department/Municipal Commissioner: “ I had given my application/representation/complaint for……….. on ………. (copy enclosed). Since then I have received no communication. I would like to draw your attention to Section 10 of the Transfer, Charters and Delays Act 21 of 2006 which mandates that no decision can be kept pending for over 90 days. In the instant case, no decision has been communicated to me despite the lapse of…… months. I request you to conduct a preliminary enquiry within 15 days to fix responsibility on the officers responsible for this delay and take appropriate disciplinary action against them. I request that the report of the enquiry may please be sent to me.
Act 21 of Maharashtra is a talisman for good governance. Most people are unaware of it and those who are aware find it difficult to use it. If they do figure out how to use it, officials generally treat it with complete disdain. Here is a 1000 word guide how to use this law and try and collaborate to enforce it, sitting in your own house. This has the potential of being as empowering as RTI.
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ONLY YOU CAN BRING GOOD GOVERNANCEThere is a law in Maharashtra
which has the potential of giving goodgovernance to citizens.
However since most citizens are unaware of it, it isused very
little. On a few occasions when citizens use it, governmentofficers
treat it with complete disdain and refuse to take actions
asmandated in the law. A law is what is written and passed by
legislature, andit cannot be anybodys whim whether to follow it
not. The provisions of thelaw are very clear and re!uire
disciplinary action to be taken againstgovernment officers who
violate it. "overnment officers fear disciplinaryaction more than
financial penalties. #f citizens start invoking itsprovisions in
large numbers, there is a strong possibility that thegovernment
will start abiding by it. #f that does not happen by this yearendwe
will get the statistics from the grievance website and confront
thegovernment. #f we are not able to persuade the government, we
will approachthe courts. $sually government enforces the law. %ike
&T#, this is one morelaw which empowers citizens who must
enforce it. Any citizen can follow thefollowing simple steps and
contribute to getting better governance. 'ou havethe potential to
change the paradigm of governance in Maharashtra. Anyonecan use it
sitting at home.GOVERNMENT SERVANTS REGULATION OF TRANSFERS AND
PREVENTION OF DELAY INDISCHARGE OF OFFICIAL DUTIESTransfers,
Charters and Delas A!t "ACT #$ %f #&&'(Read f%r)ats f%r
!*t*+ens t% *),le)ent three *),%rtant se!t*%ns %f the la-.$ Se!t*%n
/0 When an officer is transferred in less than 2 years, send letter
to Secretary of Department. : Mr.. in.. Department at..has been
transferred from his job without completing his 3 year tenure. This
is in violation of Section 4 of the Transfers! "hartersand Delays
#ct $% of $&&'.( )lease give me the reasons for thisand
give me the weblin* where this has been displayed in compliance
with the order of the State +nformation "ommission,# Se!t*%n 1. If
Citizens Charter not made and updated each year, send letter to
Secretary of Department/ Municipal Commissioner:he Citizen!s
charter has not "een prepared/updated as per Section - of the
Transfers "harters . Delays #ct $% of $&&'. #lease fi$
responsi"ility for this lapse and ta%e action a&ainst the
responsi"le officer. 'lso please inform me of the date "y (hich an
updated Citizen!s charter (ould "e displayed.) In the case of *MC
please mention Section 64A of Mumbai Municipal Corporation Act.2
Se!t*%n $&. Decision and action on any file
+application/representation/complaint/other decisions, must "e
ta%en in -. days. If this is not done send a letter to the
Secretary of Department/Municipal Commissioner: I had &i/en my
application/representation/complaint for000.. on 000. +copy
enclosed,. Since then I ha/e recei/ed no communication. I (ould
li%e to dra( your attention to Section %& of the Transfer!
"harters and Delays #ct $% of $&&' (hich mandates that no
decision can "e %ept pendin& for o/er -. days. In the instant
case, no decision has "een communicated to me despite the lapse
of00 months. I re1uest you to conduct a preliminary en1uiry (ithin
23 days to fi$ responsi"ility on the officers responsi"le for this
delay and ta%e appropriate disciplinary action a&ainst them. I
re1uest that the report of the en1uiry may please "e sent to me.I
loo% for(ard to your early action in the a"o/e matter,). In the
case of *MC please mention64C of the Mumbai Municipal Corporation
Act.'ct (ill not apply to: i, su"45udice matters6ii, cases referred
to 7o%ayu%ta or 8pa47o%ayu%tas and other Constitutional
institutions, Commissions, etc.6 iii, 1uasi45udicial matters6 i/,
cases related to Central or other State 9o/ernments6/, cases
related to 7e&islation6 /i, cases in/ol/in& ma5or policy
decisions. Ste,s0If Citizen charter not a/aila"le or updated send
letter as per point 2.If any application/representation/complaint
has not recei/ed any response send letter as per point :. 'fter
this if do not recei/e any response (ithin 3. days post a
&rie/ance on the &rie/ance portal statin&:For
registering your grievance go to:
https://grievances.maharashtra.gov.in/;ou can chose
