Department of Governance Reforms, Punjab AND Punjab Governance Reforms Commission

Initiatives of Governance Reforms in Punjab

Primary Focus of Governance Reforms To reduce the distrust between citizens and the government. To remove the post colonial practices that has failed to transform the status of people from colonial subjects to empowered citizens. To get rid of the concept of mai-baap sarkar To save the citizens from unnecessary litigation. To save time, money and energy of the citizens and the government.

The Governance Deficits TRUST DEFICIT DIGNITY DEFICITY PRODUCTVITY DEFICIT NON EMPOWEREMENT OF CITIZENS

TRUST DEFICIT German American Political Theorist Hannah Arendt said: The Post Colonial State has failed to transform the status of people from colonial subjects to citizens Noted Columbia University anthropoligist Nicholas Dirks is apt when he terms colonial states as ethnographic states, meaning thereby that states do not include their citizens in decision making, but claim to provide for their welfare. This makes governance less a matter of politics and more of administrative policy Foremost ingredient of this has been mistrust in subjects or populace.

Trust Deficit ( Contd.) Baseline scenario: Trust deficit between government towards citizen and vice versa. Government treats all citizens as cheats & frauds: seek affidavits for delivery of services declarations accepted only if some gazetted officer, oath commissioner or executive magistrate attests the same. On the other side: The citizens do not have trust on the government regarding efficient, timely and hassle free delivery of services.

DIGNITY DEFICIT Governance in India is characterised by lack of respect and dignity Eminent Sociologist Dipankar Gupta says: The understanding of citizenship, therefore, needs to be conceptually grounded, keeping in mind the principles of universalisation and those of dignity of the individual To illustrate this, we may refer to spatial disconnect citizen experience in police stations and district collectorates These spaces look alien and leave one feeling that dignity and identity have been surrendered.

PRODUCTIVY DEFICIT Time Consumption in making affidavit of individuals Time consumption in content checking & authenticity of affidavits by officers Unnecessary handling of records of affidavits by officers Productivity and Wage loss to individual as well government

Bridging the Deficits

Initiatives of Governance Reforms in Punjab Initiated by Punjab Government To bridge the gap between citizen and the government.

Initiatives of Governance Reforms in Punjab (Contd.) The Punjab Governance Reforms Commission (PGRC) constituted on - 08.01.2009.

Initiatives of Governance Reforms in Punjab (Contd.) Empowered Committee under Chief Secretary- constituted on 05.06.2009 - for implementation of recommendations of PGRC.

Initiatives of Governance Reforms in Punjab (Contd.) PGRC submitted 5 reports containing 156 recommendations for 18 Departments related to Government Process Reengineering/ Governance Reforms.

Bridging the Governance Deficits PGRCs 2 nd status report in the year 2010 recommended: Except in cases where there is Statutory Requirement, the practice of seeking affidavits has to be abolished.

Bridging the Governance Deficits (Contd.) Application forms may be drafted so as to contain an undertaking/ declaration that facts stated are true and correct to best of knowledge and belief.belief.

Bridging the Governance Deficits (Contd.) Other than 12 services where an affidavit is mandatory under State & Central laws. Punjab has done away with all affidavits that were, Local Inventions.

Paradigm shift

Paradigm shift Contd. The Earlier concept - Government is mai- baap. If the citizens get services from the government they feel obliged.

Paradigm shift (Contd). The New concept Government is the representative of the people and is bound to deliver services to the citizens.

Paradigm shift (Contd). The equation has changed. Citizens who are the Masters and the Government its Servant.

Legal Provisions

Legal Provisions (Contd.) Affidavits have no legal sanctity in law Same function can be performed by Self Declarations.

Legal Provisions (Contd.) In case of concealment or misrepresentation- Legal action can be taken under the IPC

Legal Provisions (Contd.)

SecHeadPenalty 198 Using as true a certificate known to be false 7 years and fine 199 False statement made in declaration which is by law receivable as evidence 7 years and fine 200 Using as true such declaration knowing it to be false 7 years and fine 209 Dishonestly making false claims in Courts2 year and fine

Services Covered under this reform A tentative list of 89 services where affidavits has been dispensed with.with

Abolition of Affidavits Sr No.DescriptionNo. of Services 1Various kinds of Certificates 16 2Issuance of Licenses & related matters 2 3Property Transaction & Building plans 14 4Related to implementation of schemes 13 5Education /Admission related issues 3 6Employee- Employer relationships 19 7Ration Card related issues 5 8NOCs 5 9Municipal Services 5 10Miscellaneous 7 Total 89

Tentative list of Services where Affidavit is Mandatory Sr No.Name of Service 1New Arms Licence 2Late Renewal Arms Licence 3Addition of Weapon 4Entry/Deletion of Weapon 5Disposal of Death case (Arms Licence) 6Admission in Colleges/Schools (low income) 7Unmarried Certificate 8Late Death Certificate(Current Year) 9Sale of vehicles 10For Appointment Letter 11Complaint cases 12Misc. (Court cases/Central Govt.)

Abolition of Affidavits and Self Declarations: Implementation Mechanism

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Government order was issued by Chief secretary, Government of Punjab on 10 th March, 2010.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Three Specimens of Self declaration were also furnished: For getting services from Government Departments/ Local Bodies/ Autonomous Institutions. For getting admissions in Educational Institutions. For getting employment in Government/ Local Bodies/ Autonomous Organizations.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Meeting of Chief Secretary with all Administrative Departments.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Meeting of Chief Secretary with All Vice Chancellors of Universities, Administrative Secretaries in charge of Colleges (Technical and General), School Education.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Awareness campaign through Media and Deputy Commissioners.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Special directive to recruitment agencies like The Punjab Public Service Commission & Subordinate Staff Selection Board.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) To know the prevalence of Affidavits, an instruction was issued on 22 nd November, 2010 seekingseeking MIS report regarding the number of Stamp Papers issued for preparing affidavits ; AND Amount of Revenue collected for that purpose.

Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) This information is available with the Deputy Commissioners as the licensing authorities for Supervisors. This information is also available from the Treasuries and Sub Treasuries as Revenue with respect to Stamp Papers are also monitored by the finance department

Results of Abolition of Affidavit Reform

Results of Abolition of Affidavit Reform (Contd.) S No.YearTotal no. of services disbursed by the Suwidha Centres Total no. of services relating to affidavits in (lacs) Total services relating to affidavits in(% age) 1 2009-1022,68,43914.865.60% 2 2012-1332,70,7153.209.81%

Results of Abolition of Affidavit Reform (Contd.) This amounts to a whooping annual saving of Rs. 600 crore as worked out by the PGRC. This includes the monetary cost of getting the affidavits and the opportunity cost of loss of productivity and wages.

Results of Abolition of Affidavits (contd.) Freeing time and infrastructure of Suwidha Centres to deliver other citizen centric services in efficient manner.

Benefits to Youth and Students

Benefits to Youth and Students (Contd.) Rush during admissions for Caste,Income( BPL), Residence & Rural Area Certificates Limited infrastructure and time available with the students as well as officials- recipe for corruption. Abolition of Affidavits and Acceptance of Self Declaration has eliminated this problem. Abolition of Affidavits at the time of first employment has also reduced significant harassment and corruption for the youth joining their first appointment.

Abolition of Affidavits : Self Attestation Requirement of attestation by Gazetted officer from School students seeking admissions in various colleges should be discontinued and replaced with self attestation.

Abolition of Affidavits : Self Attestation (Contd.) As per data, aprroximately 8 lakh students appear in Senior Secondary (12 TH ) Class from Punjab School education Board (PSEB), Central Board of Secondary Education ( CBSE) and Indian Certificate of Secondary Education (ICSE) every year. In order to get admissions in colleges, students are required to get their documents duly attested by Gazetted Officer. On an average a student is spending Rs. 100/- on attestation. As such 8, 00, 000 X 100 = Rs. 8 Crore.

Abolition of Affidavits : Self Attestation (Contd.) The requirement of giving certified copies of documents at the time of admission in colleges or submitting application for recruitment to various posts in the government/ PSUs may be dispensed with. The same may be collected at the time of admission/ selection of the candidate with self certification/ attestation.

EMPOWERING CITIZENS PUNJAB GOVERNEMNT IN ITS INTIATIVE TO EMPOWER CITIZENS HAS BROUGHT NUMBER OF E- GOVERNANACE REFORMS LIKE: RTI RTS ABOLITION OF AFFIDAVIT ALL THESE REFORMS EMPOWERS THE CITIZENS AS WELL AS THE GOVERNEMNT AND THE SPEED OF PUBLIC DELIVERY SERVCIES INCREASED CONSIDERABLY.

Way Forward

Way Forward (Contd.) Government of India may adopt the Punjab Model of Abolition of Affidavits and Self Declaration for various services rendered by its Ministries/ Departments/ Autonomous Organizations/ PSUs. It is estimated that nearly 20 crore Affidavits are being made every year in the country. At Rs. 400/- the total Economic Loss is Rs. 8000 crores.

Way Forward (contd.) Central Ministries/ Organizations requiring Affidavits may review such requirement and accept Self Declaration. The relevant rules/ regulations by such Ministries should be Identified and Modified. The Ministries requiring Affidavits under various schemes should Review such requirement. The Department of Administrative Reforms, Government of India may Circulate the Punjab Model to all State Governments as Best Practices of Governance Reforms for adaptation in the respective States.

Way Forward (Contd.) Third Party Attestation System of Reports/ Verification by Revenue Officials / Municipal Commissioners/ Sarpanches for Issuance of Area, Residence, Domicile, Caste and Income Certificates etc. should be Reviewed and such requirement may be Minimized. Caste Certificates can be given to Students when they are in Class 8 th and that should be valid for their entire life. Leveraging Technology (IT Applications), the discretion of third party should be reduced eg. Income Certificate based on Assets Ownership rather than Third Party Verification. Identification and residence proof based on Aadhaar. Card?

Way Forward (Contd.) Affidavits and Courts The Ministry of Law and Justice in consultation with the Judiciary may review the legal requirement of Affidavits in relating to Criminal and Civil Matters. The Statutory Provisions contained in Cr.P.C., CPC, The Indian Evidence Act may be amended. The regulations/ instructions by the High Courts may also be reviewed regarding matters relating to Affidavits, if any.

Way Forward (Contd.) : Evaluation of the Punjab Model Punjab is Contemplating an Independent Evaluation of the Reform measures and their impact on society and economy. For other States and Central Ministries, it is suggested that a Gestation Period of 2 years should be allowed before such independent evaluation is carried out.

Documents

Department of Governance Reforms, Punjab AND Punjab Governance Reforms Commission