Empowering Public Services for Good Governance

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Empowering Public Servicesfor Good Governance
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Empowering Public Services

• Establishing a statutory framework for developing
  highly professional public services
• Public Service Law
• Putting in place a regime of stability of
  tenures
• Raising the bar for good governance and better
  public service delivery
• Right to Information Act.

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Presentation Plan

• Public Service Law
• Stability of Tenure
• Right to Information Act, 2005

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Public Service Law
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OBJECTIVE

• To provide a statutory basis for regulation of
  Public Services
• To develop public services as a neutral,
  professional, merit based, accountable and
  essential instrument for Good Governance.

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Components

• Public Service Values
• Code of Ethics
• Public Service Management Code
• Performance Management System and Accountability
• Public Services Authority

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Public Service Values

• Allegiance to Constitution and Law
• Function to serve as instruments of good
  governance
• Political neutrality
• Objectivity, honesty, integrity, courtesy
  responsiveness
• Uphold highest ethical standards establish high
  standards of quality in services
• Merit in employment, promotion placements
• Prudent use of public money
• Accountability in decision making

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Code of Ethics

• Government to notify Code of Ethics within one
  year of enactment
• Code of Ethics to ensure compliance of Public
  Service Values
• Breach of the code will be punishable under law.
• Directions in violation of values to be invalid

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Public Service Management Code

• Management Code to be developed by Govt. after
  consultations with stakeholders within one year
  of enactment on following principles.
• Public service as a highly professional, merit
  based institution for promoting good governance.
• Mechanisms and incentives to maintain high levels
  of productivity, efficiency and excellence.
• Policies and structures for ensuring viability
  and sustainability of Public Services.
• Establishing interface between political
  executive and public servants.
• Government to ensure implementation of Code
  within 12 months, and submit annual report to
  Parliament on compliance of code.

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Appointment to Public Services

• Fair Open Competition subject
• to conditions such as probation, citizenship,
  qualifications, character health etc
• Merit based Open competition.
• Equal access to public services to all eligible
  citizens.
• Filling of posts by open competition

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Performance Management Accountability

• Development of performance management system
  within 12 months covering priorities, objectives,
  performance indicators, strategy plans and
  outcomes.
• Regular monitoring and evaluation.
• Submission of Annual Performance Report by 30th
  June to Government comparing goals set and
  achieved, feedback from users, standards of
  service delivery, quality of service etc.
• Plan of action for next year.

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Public Service Authority

• Chairman and Members to be chosen from eminent
  persons in public life and appointed by the
  President for fixed term on the recommendations
  of Committee chaired by Prime Minister.
• Mandatory for Government to consult the
  Authority in matters related to formulation,
  revision and interpretation of Code of Ethics,
  Management Code etc.
• Advise on management of the service, conditions
  of service, performance evaluation, training etc.
  
• Inquire into implementation of Codes in
  departments

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Public Services under State Government

• Enabling Provision for Adoption of Provisions of
  this Act to State Public Services by State
  Governments.

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Miscellaneous Provisions

• Authority to submit Annual State of Public
  Services Report to Parliament
• Saving of Powers of UPSC CVC
• Protection of action taken in good faith

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Current Status

• Draft Bill referred to ARC on 1.5.2006 to furnish
  their comments by 1.8.2006
• ARC has elicited comments of various
  stakeholders
• DOPT is also obtaining views of State Governments
  and Cadre Controlling Authorities

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Stability of Tenure
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Overview

• Why stability of tenure?
• Key to good governance
• Effectiveness of administration
• Morale of the All India Services
• Enable the member of Service to gain experience
  in respective fields for his/her career path
• Measure of protection to officers
• Prevention of use of postings as a punitive
  measure

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Recommendations on the Issue

• Commission on Centre State Relations Report
  (Sarkaria Commission, 1988)
• Parliamentary Committee (Ministry of Home
  Affairs), 44thReport, 55th Report
• Conference of Chief Ministers 1997
• Fifth Central Pay Commission Report
• National Commission to Review the Working of the
  Constitution (2002)
• Conference of Chief Secretaries 2.11.2004 Model
  Code of Governance
• National Development Council Meeting 27.6.2005
• National Advisory Council Minimum tenure 2
  years, Development of a Stability Index

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Current Position

• Security of tenure in the Central Government
  well laid out tenure policy approved by the ACC-
  CSS, CSB/ACC
• States advised from time to time to ensure
  stability of tenure
• Some States like Maharashtra - comprehensive law
  to regulate tenure, Karnataka - policy on
  transfer, U.P. - Civil Service Board
• Other states have some mechanism for ensuring
  stability of tenure
• Overall result however no security of tenure and
  ad hoc transfers

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Initiatives under the Cadre Rules

• Amendment to Rule 7(c) to provide for a minimum
  tenure for Cadre posts in the Cadre Schedule
• Amendment to Rule 8-A for mandatory tenure of two
  years for DMs/CEO-ZP/SP/Dy. CF
• Constitution of Committee for decisions on
  premature transfer

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Consultation with the States
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Right to Information Act, 2005
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Objectives

• Setting out practical regime of right to
  information for citizens to secure access to
  information under the control of public
  authorities
• To promote transparency and accountability in the
  working of every public authority
• To increase citizens awareness and ability to
  access their other rights
• To equip them to participate meaningfully in the
  development process

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Obligations of Public Authorities

• Constitution of Information Commission
• Constitution of Central or State Information
  Commission by appropriate Government
• Commission to be the apex body in appeal
  mechanism with powers and functions in monitoring
  and implementation of the Act
• Framing Rules (Section 27)
• Appropriate Government to make rules to carry out
  the provisions of this Act

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Obligations of Public Authorities

• Proactive disclosure
• To compile and publish relevant information as
  per Section 4
• Information to be updated regularly and
  disseminated widely
• Designation of PIOs etc.
• Public Authority to designate Public Information
  Officer to provide information to applicant
• Also to designate APIOs at sub-divisional/district
  level
• No bar on the number of such PIOs/APIOs
• Designate appellate authority for the first
  appeal within the public authority
• Review of existing Acts/Rules
• Act has over-riding effect on any other
  Act/Rule/Order
• Necessary to review all Acts/Rules etc. to remove
  points of conflict with this Act

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Issues for Consideration Constitution of
Information Commission

• Only 21 States have constituted State Information
  Commissions under Section 15 of the Act.
• Information Commissions in Arunachal Pradesh,
  Bihar, Jharkhand, Manipur, Mizoram and Sikkim
  have not been set up so far

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Issues for Consideration (contd.)
Identification of BPL status

• The Act, under Section 6 and 7 provides for
  payment of fee by a person seeking information
• No fee would be charged from a person Below
  Poverty Line (BPL)
• State Governments to ensure BPL identification

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Issues for Consideration (contd.) Preparation
of Programmes (Section 26)

• To develop and organise educational programmes to
  advance the understanding of the public
• To encourage participation of the public
  authorities in such development
• To prepare training material and impart training
  to PIOs etc.
• To prepare guide for helping the citizens to
  exercise their right under the Act

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Issues for Consideration (contd.) Publicity and
Training

• To give wide publicity to the Act and train the
  government officials in the art of dissemination
  of information under this Act.
• The training institutions to include the Act in
  their training modules. Some of the training
  institutions, notably ISTM, YASHADA, CGG are also
  conducting training on pilot basis. There is
  also a GOI UNDP Project on Capacity Building
  for Access to Information. The project is being
  simultaneously undertaken across 24 Districts in
  12 States
• Need to expand the scope of the Project

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Issues for Consideration (contd.) Framing of
Rules and Regulations (Section 27 )

• The appropriate Government to make rules to carry
  out the provisions of the Act
• Such rules made by the appropriate Government may
  provide for all or any of the following matters-
• the cost of the medium or print cost price of the
  materials to be disseminated
• The fee payable for application under the Act
• Fee payable for cost of information material
  etc.
• The procedure to be adopted by the Central/State
  Information Commission in deciding the appeals
  under sub-section (10) of Section 19.

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• THANK YOU