[HumJanenge] Fwd: Comments on Draft “Citizens Right to Grievance Redress Bill, 2011”

---------- Forwarded message ----------
From: Col NR Kurup <colnrkurup@gmail.com>
Date: Sat, 5 Nov 2011 11:06:03 +0530
Subject: Comments on Draft "Citizens Right to Grievance Redress Bill, 2011"
To: ": pk.jha@nic.in," <satish@arpg.nic.in>

Sir,

Please accept my following comments on the Draft "Citizens Right to Grievance
Redress Bill, 2011"

1. Add definition to following terms also to Section 2 as
(m) Maladministration
(n) Allegation
(o) Grievance
(p) Grievance Redress
(q) Third Party
(r) Final disposal Report
(s) Corruption
(t) Undue influence.
(u) Act done in good faith

2. Add following as Section 2(K)(iv)(F)Any non-government Organization
who has been allotted government land or land acquired by government
or provided any infra-structure facilities free or subsidized or
under any special provision by government

3. Add following to Section 4(1): " In case of failure of any public
authority to publish its Cityzen Charter and Grievance Redressal
Officer within 6 months as specified, relevant provisions of
systems/practice of Citizen Charter of Grievence Redressal system
published by any other public authority of the State as chosen by the
Complainant will be deemed to have come into force in the defaulted
public authority in dealing with the complaint of that particular
Complainant

4.Add following to Section 7(1). "When no such officer is appointed in
such administrative unit the Officer immediately Unior to the Head of
Office present on duty of that particular administrative Unit is
deemed as the Grievance Redressal Officer of that administrative unit
automatically.

5. Add following to Para 9(4). " This report should include Grievance
Redress Officer's observations he has made to the Head of Department
recommending the penalty to be imposed. "

6. The empowerment of authorities with power vested in a civil Court
under Code of Civil Procedure 1908 stipulated in Sections 11(3)I,
21(1) and 38(1) is not enforceable on the Complainant/Appellant or
their representatives but only to the Respondent/ other members of
public authorities and third party/parties connected with it.

7. Add following as Section 43(4): "The Grievance Reddressal Officer
or Head of Department acting as Appellate Aujthority or The State
Public Grievence Redressal Commission or the Central Public Redressal
Commission while dealing with the complaint will ensure that under no
circumstances a Complainant or Appellant or any of his representative
is compelled to be present outside the geographical jurisdiction of
Complainant's home district as specified by him in his Complaint or
made to sustain any loss/damage for failure to be present/represented
in such outside district proceedings".

8. Add following as Section 45(3): All Penalty/punishment awarded
should be recorded in the Service Book of the incumbent concerned
within 7 days under intimation to the awardee and fact report to the
Head of Department.

9. Add following as Section 54: "During the enquiry proceedings if any
of the witnesses make any statement refuting the alleged complaint as
false, it is deemed as the witness is making an allegation that the
Complaint/part of the complaint is false and amount to character
assassination of the Complainant. In such cases the witness who made
such statement be made to repeat the same in the presence and hearing
of the complainant and Complainant be given opportunity to cross
examine the witness who made such statement of character assassination
and fact recorded

10. Add following as Section 55: " Advocates are forbidden from
representing Complainant and Respondent unless the Complainant himself
is a practicing Advocate."

Col NR Kurup (Retd),
Deepam, Mutteri Madham,
Chettemcoon, Tellicherry-670101
Kerala
<colnrkurup@gmaill.com>
9847128960