PESHAWAR: The Khyber Pakhtunkhwa government has started working on yet another piece of law to ensure the delivery of public service to the people within stipulated time limit and punishment to the public servants for administrative inefficiency.
The provincial government would start stakeholders’ consultations this week on the draft “The Khyber Pakhtunkhwa Right to Public Service Act 2013” which after approval by the provincial assembly would acknowledge the right of the people to a “time-bound provision of service.”
The new law as the draft says will envisage the right of the people of the province to have access to the public service and receive such service within a specified time limit and in a transparent manner.
The law will entitle the general masses to demand performance of duties and functions by the designated officers and hold them accountable for service deficiency in the public service.The law will also afford the people the right to claim compensation from the concerned officers for their failure to provide, or delay in providing public service. Any citizen residing in the province will be eligible to lodge a complaint against any delay or inefficiency in the delivery of public service.
Its provisions will apply to all institutions owned, controlled or substantially financed by the government or any non-governmental organisation which received government grant to the tune of Rs1 million or more or institutions including colleges and schools receiving any grant or aid from government, municipal corporations, district councils, local government institutions, development authorities, industrial estates, local self-government bodies and statutory or non-statutory bodies rendering any services of public utility in the province.
The law will empower every citizen in the province to lodge complaint against the failure of the officials with the Appellate Authority, which would include the administrative secretary or such person or authority specified by the government. The Appellate Authority, while deciding the appeals and complaints, will have the same powers as vested in the civil court while trying a suit under the Code of Civil Procedure 1908 (Act V of 1908).
The law will also envisage, where the Authority is of the opinion that the official designated has failed to provide the public service to the eligible person or caused delay in providing the public service or the public service provided is deficient in any manner, to impose fine up to Rs25000 in case of failure to provide public service.
It may also impose Rs1,000 for each day of delay or Rs25,000, whichever is less in case of delay or continuous failure, in providing public and Rs25,000 for deficiency in public service provided.
The proposed law will bind the government officials, right from the junior clerk to the Senior Member Board of Revenue (SMBR), to dispose of public complaints regarding any public service delivery within specific time as mentioned in the schedule of the draft act.
The draft law also provides for the administration of the government property saying it should not be in any manner relinquished, compromised, surrendered, waived, withdrawn, sold, transferred, leased out, encumbered or encroached upon or damaged by any official in the garb of exercise of public functions and any contravention of this provision will constitute a criminal offence punishable with fine of not less than Rs10,000 which may extend to Rs1 million and imprisonment for a term which may extend to three years.
The law will also provide for the establishment of the Khyber Pakhtunkhwa Grievance Redressal Commission comprising of a chief commissioner and not less than two grievance redressal commissioners appointed by the government after consultations with the leader of the opposition in the provincial assembly.
The commission, besides receiving complaints directly against the public servants functioning within the province, will also hear appeals against the orders of the Appellate Authority; ensure speedy remedy of grievance and payment of compensation for the delayed delivery of service by any public authority.
