Electronic Delivery of Services Bill 2011 - 29 September 2011

8/4/2019 Electronic Delivery of Services Bill 2011 - 29 September 2011

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Electronic Delivery of Services Bill2011



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Contents – Electronic Delivery of Services Bill

• Background

• Chronology of events• Scope of the EDS Bill

• Central and State Electronic Service DeliveryCommission

• Directions and Penal Provisions

• Stakeholder Consultations



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Background

• Right to Information Act (RTI)

• Right to Service ActDelivery



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Right to Information Act

• Right to Information Act promulgated in 2005

• Is widely used by Citizens to obtain informationrelated to delivery of services

– Ration Card

– Passport

4. (1) Every public authority shall —

maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable

time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated;



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Right to Services initiatives of State Governments

• Bihar , MP, Punjab have promulgated Right to

Services Acts• Common features

– Service levels defined for a set of commonlyaccessed services – Ration Card, Caste and Income

Certificates, Driving License – Penalty for officials in case services are not delivered

as per service levels

• Delhi has also promulgated

– The Delhi (Right Of Citizen To Time Bound DeliveryOf Services) Act, 2011



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Recommendation of 11th report of 2ND ARC Promoting e-Governance

The Smart way forward

“A clear roadmap with a set of milestones should be outlined by the government of India with the ultimate objective of transforming the citizen-

government interaction at all levels to the e- Governance mode by 2020.

This may be enshrined in a legal framework keeping in consideration the mammoth dimension of the task, levels of required coordination between the Union and State Governments and the diverse field situations in which it would be implemented” .



Enablers

• Common Infrastructure established under NeGP

• Common Service Centers

• State Data Centre

• State Wide Area Network

• Legal Framework for Electronic Service Delivery

- E-governance Standards

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IT Act 2000 as amended in 2008, IT Rules 2011

• Increasing tele-density and broadband penetrationPace of e-enabling of citizen services however continues to be slow



Electronic Delivery of Services Bill

• Part of the Minister’s 100 days agenda

• Feb 2011 – Apex Committee directed to finalize the Bill

• Feb 2011 – 1st Draft released for public consultation

• April 2011 – 2nd

Draft shared with Ministries, States

• 39 Ministries and 10 States /UTs responded

• July 2011 – 3rd Draft released & discussed in a

Consultative Meet chaired by Minister ofCommunications and IT



Electronic Delivery of Services Bill (1/3)

Mandatory Electronic Delivery of ALL Public Services

within five years from enactment except those –

That can’t be delivered electronically

That the Government chooses not to deliver

electronically

However, Central or State Commissions to be consulted

prior to exclusion

All Departments to publish, within 180 days, the list of all

public services to be delivered electronically




Further every year, all departments shall

Review the list of public services and add or delete

services

However, all deletions subject to the approval of

the Commission

The reasons for such deletion shall be notified

Notify the date by which each service will be delivered

electronically Notify the manner of delivery and quality (including

service levels of services)




Grievance Redressal Mechanism to be notified by

each Department

BPR and Simplification of Processes and Forms

Assisted Access to be provided

Government to notify Electronic Governance

Standards for ensuring inter-operability, integration,

harmonisation and security



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Oversight Mechanism for EDS Bill 1/2

For implementation and monitoring of this Act-

Central Electronic Service Delivery Commission

(CESDC) at Centre, and

State Electronic Service Delivery Commission(SESDC) in States

The Commission shall consist of a Chief Commissioner,

and a maximum of two other Commissioners

Commissions to be Techno-Administrative in nature



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Oversight Mechanism for EDS Bill 1/2

The Commissioners to be selected by acommittee –

The Cabinet Secretary at the Central Level or theChief Secretary of the State

A Secretary to Government at the Central Level or aPrincipal Secretary at the State Level

An IT expert nominated by the Central or StateGovernment



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Directions and Penal Provisions

The Commission can issue directions to the Departments

to ensure compliance with the Act.

Provision of a penalty of upto Rs. 5,000 on the defaulting

official in case of Contravention of any provision of the Act

Non compliance of the directions of the Commission

Penalty may extend upto Rs. 20,000 for persistent and

willful default



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Stakeholder Consultations

Circulated to all Ministries and Departments

39 Ministries responded – Overall support

The EDS Bill was sent to all Chief Secretaries on 25th April

Responses from 13 State Governments and Union Territories

Overall support for the Bill

Stakeholder Consultation Workshop held on 18th July 2011 under

Minister for Communications and IT

Suggestions of Central Ministries and State Governments

incorporated in the latest version

The Ministry of Law and Justice have concurred with the proposal



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Current Status

EDS Bill to be introduced in the Winter Sessionof the Parliament

http://mit.gov.in/content/draft-electronic-delivery-services-bill-2011
















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Thank You

Documents

Electronic Delivery of Services Bill 2011 - 29 September 2011