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Much hyped PSG Act dying its own death!
CM's intervention demanded
6/27/2015 11:25:17 PM
Early Times Report

Srinagar, June 27: More than four years have elapsed since J&K Government promulgated Public Services Guarantee Act (PSGA). J&K state was the second state in India which enacted the law guaranteeing public services to its citizens in a transparent and time bound manner. It was enacted on April 13, 2011 in the state. Madhya Pradesh (MP) was the first to enact a similar law, known as Right to Service Act, on August 18, 2010.
After J&K, Bihar enacted this law on July 25, 2011. Several other states like Punjab, Rajasthan , Himachal Pradesh, Delhi, Kerala, Uttrakhand, Haryana and UP have also enacted legislations guaranteeing public services to their citizens.
After enactment of J&K RTI Act 2009, promulgation of PSGA was seen as an achievement of Omar Abdullah, ex-Chief Minister of J&K. But with the passage of time this progressive law like other pro people legislations died its own death in the state. The main reason for the poor implementation of PSGA was the lack of political will on part of the previous government and absence of a strong civil society movement in Jammu & Kashmir vis-a-vis implementation and awareness of PSG Act.
Vide SRO 224 dated July 21, 2011, the government of Jammu & Kashmir notified more than 12 public services and brought them under the ambit of PSG Act 2011. One of the services included supply of ration cards by Consumer Affairs and Public Distribution Department (CAPD) for which Tehsil Supply Officers (TSOs) in Rural areas were notified as the Designated Officers and the Assistant Directors of CAPD were appointed as the Designated Officers for Urban areas. Within 30 days time the new ration card had to be supplied by these designated officers. If they fail to supply the ration card, the aggrieved person can file first appeal before the First Appellate Authority (FAA) and the Deputy Director CAPD is the designated FAA under Jammu & Kashmir PSG Act 2011. Even after filing the first appeal if the aggrieved citizen is not satisfied or does not get the service which he/she is entitled to, the aggrieved citizens can file second appeal before the CAPD Director located at Srinagar/Jammu respectively.
But even after the completion of four years of its enactment, majority of people still do not get a ration card despite applying for the same under the aforementioned act. The other services included under PSG Act are electricity connection, water connection, Permanent Resident Certificate (PRC), caste certificate, Police Verification Certificate, building permission by Municipal Corporations, etc. People are made to move from pillar to post but the services are not provided to them which has made PSG Act redundant and useless.
After the initial notification under SRO 224 dated 21st July 2011, wherein several services were notified under J&K Public Services Guarantee Act (PSG Act 2011), the Jammu & Kashmir Government on the direction of former Chief Minister Omar Abdullah tried its best to create awareness about PSG Act through print and electronic media. Large hoardings and notices could be seen in government offices asking people to use this act. Several meetings were chaired by the former Chief Minister to oversee the implementation of PSG Act. But this Government-run campaign did not last for long and after some months there was hardly any awareness campaign visible on ground. In addition to government, civil society groups and NGOs too failed to create awareness and advocacy about this law. From the technical aspects there was no independent commission constituted under PSG Act.
"The aggrieved citizens were asked to file second appeal under PSG Act before the head of the department who mostly try to shield their filed officers. Had there been an independent commission for PSG Act implementation, on the pattern of State Information Commission (SIC) constituted under the provisions of J&K Right to Information Act (J&K RTI Act 2009), the situation would have been altogether different today" said Shahid Ahmad Ronga, a lawyer from Srinagar
"We hope the PDP-led Government in Jammu & Kashmir will fulfill its promises with regard to public service delivery and transparency in governance.
This was one of the main election agenda of PDP during 2014 assembly polls. Chief Minister Mufti Mohammad Sayeed should try his level best to strengthen the J&K Public Services Guarantee Act 2011 by making necessary amendments in this act and he must direct authorities to create awareness about this law" said Dr Mushtaq Ahmad Khan, RTI and Social Activist from Srinagar.
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