RIGHT TO HEARINGThe Rajasthan Right to Hearing Act 2012

Initiative for its effective implementation in Rajsamand district

Grievance RedressImportance for good governance

• Greievance redress – A barometer of effective governance

• Grievance beyond existing state policy- Marker of felt need

• Absence of grievance- Not necessasarily good

Status of PG redress at districts

• Sugam RPG- Collector Office• Sugam RPG- SDO Office (Local Initiative)• Vigilance Committees (Collector/SDO)• Night Chaupal- Collector/SDM• ZP/PS General Body Meetings• Vigilance Meeting by Hon MP• RTI (Availability of official documents

strengthen case)

Critical Analysis

• Access to authorities intermittent• Long distance/loss of wage• Availability of officer not guaranteed• Individual centric- Not system based• Punishment of erring officers cumbersome• No established system of appeal• Lower functionaries not directly responsible• RTI by itself does not redress grievance

The Acts…• The Rajasthan Right to Hearing Act 2012 http://

www.ard.rajasthan.gov.in/Right_To_Hearing_Act.aspx (Analysis will follow)

• The Rajasthan Guaranteed Delivery of Public Services Act 2011 http://www.ard.rajasthan.gov.in/new_policy.aspx (153 Notified services to be delivered in a time bound process)

RGDPS & RTH as a solution!

• Together, all grievance covered • Legal mandate• Defined roles & responsibilities (PHO/DO)• Provision for appeals• Time bound hearing/service delivery• Instant punishment for failure of duty

Implementation Challenges

• Multiplicity of offices (PHO/DO/Appeal auth)• Not at doorstep- travel expense/loss of wage• Registration not guaranteed (Grievance

unregistered = grievance doesn’t exist!)• Multiple lines of appeal- distant/divisional

offices• Difficult to monitor compliance

Initiative in RajsmandLok Sunvayi Sahayata Kendra

• LSSK at every BNRGSK• Rozgar Sahayak as facilitator to receive complaints

everyday between 10am-12noon• Standardised receipts for every application stating,

code of complaint, date & place of hearing & designation of PHO

• Transfer of all complaints received in a week (Mon to Fri) to central registry at Tehsil by Friday evening

• Transfer of complaints to concerned PHO at block level by monday

Initiative in RajsmandLok Sunvayi Sahayata Kendra

• Fixed day hearing every friday (for complaints received in previous week) at PS BNRGSK where all PHOs would be present & chaired by SDO

• After hearing, replies in Format-3 would be given on the spot • In case applicant not present for hearing, decision in format-

3 would be taken in absentia & transferred to concerned LSSK, to be retrieved by applicant at his convenience

• Detailed orders have been issued by Collector Rajsamand to put above system in place on 4-9-12 in spirit of Sec 5 of Act & Rule 20 of rules

RTH Act- Issues to be redressed

• Right to hearing = Right to get work done?• Sec 2(a) & (b) and Sec 4(5) of Act

• Doesn’t cover services under RGDPS• Sec 2(a) of Act

• IT platform essential (Customise Sugam-RPG) • Sec 5(3) of Act

• Amend appellate authority• Sec 6 of Act & Notification No.F.13(1)AR&C/Gr.1/2012

• Staffing, training & IEC • Rule 22 of Rules

• Mandatory to come through LSSK

Evaluation- Benefits

• Local Single Window LSSK at BN RGSK• Rozgar Sahayak as single face of Govt• Fixed day hearings in public & at one location

PS-BNRGSK• SDO supervision of PHOs hearings• Written communication on spot• Appeal filing at Friday hearings• On spot punishments for failure of duty

Evaluation- Challenges(Delivery side)

• Heavily dependent on Rozgar Sahayak• GP needs rigorous training & orientation (LSSK not

open, GP disposal dependent on individual initiative) • Without IT platform, lot of paper/register work,

difficult to trace cases, cannot avoid multiplicity• Increase in frivolous, unreasonable, malafide, multiple

applications• If actual work is not done, may become a paper

exercise• Grievance overload may show Govt in bad light

Evaluation- Challenges(Demand side)

● Citizens not aware of elaborate system (Awareness campaign required)

● Active utilisation of system dependent on hand-holding by NGOs- could be institutionalised)

● Low attendance at friday public-hearings● Approaching SDO/Collector/MLA still deep

rooted in mindset

Proactive disclosure(Wall paintings at GP)

● The BPL list & housing (Awas) wait-list

● Pension beneficiary list

What do numbers say?

The total RTH complaints registered & disposed in Rajsamand from when the Act came into force in Aug 2012 is:

Registered Disposed Pending30513 29966 547

Sample Analysis – 11 GPs Name of

GP /Block

Total Registersd

Receipt Given

Written reply after Hearing

Actual work done

Pending

1. Nagadia (Khamnore) 41 41 41 38 3

2. Kaliwas (Khamnore) 50 50 47 37 13

3. Jhor (Amet) 80 80 80 80 0

4. Liki (Amet) 62 62 53 56 6

5. Khadbamaniy (Railmagra) 144 144 123 123 21

6. Oda (Railmagra) 163 163 56 148 15

7. Samicha (Kumbhalgarh) 187 187 89 89 98

8. Banokda (Kumbhalgarh) 90 90 4 4 86

9. Saroth (Bhim) 263 263 183 183 80

10. Baggad (Bhim) 277 277 171 171 106

11. Mohi (Rajsamand) 141 141 141 141 0

Grand Total 1498 1498 988 1070 428

Department WiseName of Department Registered Receipt

GivenWritten reply after Hearing

Actual work done

Pending

1. Revenue 474 474 359 359 115

2. Panchyat 659 659 423 423 236

3. Police 0 0 0 0 0

4. PWD 8 8 4 4 4

5. AVVNL 151 151 92 92 59

6. Health 84 84 81 81 3

7 . Agriculture 24 24 22 22 2

8. Animal Husbandry 0 0 0 0 0

9. Forest 1 1 1 1 0

10.Mining 0 0 0 0 0

11.Irrigation 1 1 1 1 0

Department WiseName of Department

Registered

Receipt Given

Written reply after Hearing

Actual work done

Pending

12.PHED 26 26 23 23 3

13.Coprative 0 0 0 0 0

14.Swayat shasan 0 0 0 0 0

15.ICDS 2 2 2 2 0

16. Education 9 9 5 5 4

17.Labour 0 0 0 0 0

18. Treasury 7 7 7 7 0

19. Supply 0 0 0 0 0

20. Excise 0 0 0 0 0

21.Social Justices 54 54 52 52 2

Grand Total 1498 1498 988 1072 428

Conclusion

In view of the fact that, only if every genuine grievance of a citizen is addressed adequately & in time, will the claims of Govt. success be justified, the institutionalisation of RTH- in letter & spirit across the state of Rajasthan is a giant step in the journey of good governance.