1 group-8. 2 to provide for electronic delivery of public services by the government to all...

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Executive Post Graduate Programme in e-Governance (EPGP-EG), 2013-14

Public Policy Technology & Law (PPTL)

IMPORTANT ASPECTS IN

ELECTRONIC DELIVERY OF SERVICES BILL-2011

Pravin KolheAyan

Mukherjee

GROUP-8Naresh Kumar

BairwaOwais Shaikh

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CONTENT1)

• Introduction of EDS Bill-20112)

• Context of EDS Bill

3)

• Key Features of EDS Bill

4)

• Duties of Public Authorities

5)

• Centre & State EDS Commission

6)

• Grievances Redressal Mechanism (GRM)

7)

• Limitations of EDS Bill8)

• Conclusion

PPT downloaded from www.pravinkolhe.com

To provide for electronic delivery of public services by the Government to all persons.

To ensure transparency, efficiency, accountability, accessibility and reliability in delivery of such services.

Introduced in the LokSabha on December 27, 2011

On March 18,2013 the Cabinet approved the proposal for introducing the “Electronic Delivery of Services Bill , 2011”

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1. INTRODUCTION OF EDS BILL-2011


In 2006, NeGP was approved to provide certain services electronically.

In 2008, the 2nd ARC emphasised the need for a legal framework to implement e-governance.

IT Act-2000 was amended in 2008 to enable delivery of services electronically.

At present, some states notified Rules for EDS under the IT Act.

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2. CONTEXT OF EDS BILL


EDS Bill requires public authorities to deliver all public services electronically.

Exceptions:-1) Services that CAN NOT be

delivered electronically,2) Services that public authorities, in

consultation with the Commissions, decide not to deliver electronically.

o Maximum Duration:- o Public authorities have to

provide services electronically within five years.

o This period may be extended by a maximum of three years in consultation with the Commission.

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3. KEY FEATURES OF EDS BILL


Bill applies to all public authorities. Public authorities includes:-

constitutional authorities; statutory authorities entities notified by the government. bodies and NGO substantially

funded, directly or indirectly, by government.

Notification of Services:-o Every public authority will publish a

list of services within 180 days of enactment of the Bill, and reviewed every year.

The list should contain:- Date by which the services would

be available electronically Manner and quality of the delivery

of services.

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4. DUTY OF PUBLIC AUTHORITIES

Qualification:- Secretary or Chief Justice. Eminent persons with 25 years of

experience in IT or governance. Appointment:- selection committee, consisting of

the Cabinet Secretary, a Secretary to the respective government,& expert in IT or governance.

Central/State EDS Commission

Chief Commissioner

Commissioner 1 Commissioner 2

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5. CENTRAL & STATE EDS COMMISSION


Complaints may be filed to GRM for: non-availability of electronic services; deficiency in such services

A person aggrieved by the decision of the GRM may make a representation to the Central or State Commission.

Representations can only be made for non-availability of an electronic service.

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6. GRIEVANCE REDRESSAL MECHANISM

Authority

Grievance Redressal

Mechanism (GRM)

Central Commissions

High court of Delhi

High court of State

State Commissions

Fine up to Rs. 5000/- Wilful and persistent default carries a penalty up to Rs 20,000/-9


Inadequate safeguards for private information.

Privacy is a fundamental right, India does not have a law on privacy.

Data that is stored electronically may be misused.

Inconsistency in the appellate mechanism:

o No appellate mechanism in case of deficiency of services

Lack of clarity of the term ‘representation’o Bill uses term ‘representation’ and

not the term ‘appeal’ to describe the recourse against decision of GRM.

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7. LIMITATIONS OF EDS BILL


Bar on judicial review of appointment of Commissioners. Bill states that an ‘order by

the government appointing a Commissioner may not be questioned in any manner’.

Overlap with other legislation The Citizens Charter Bill,

2011 Some states have enacted

their own EDS laws.

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7. LIMITATIONS OF EDS BILL


Bill is to deliver all public services electronically within a maximum period of 8 years.

Bill establishes Central and State Electronic Service Delivery Commissions to monitor EDS.

Provision of penalties through GRM.

Bill is silient about Privacy issues, problems with GRM & overlap with other legislations are critical issues needs to sorted out.

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8. CONCLUSION


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THANK YOU…!ANY QUERIES..?

--------------------------------------------------------------------------------- GROUP 8, EPGP-EG, 2013-14

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CONTACT: -

Pravin Kolhe, Executive Engineer

Water Resources Department, Government of Maharashtra

Email:- [email protected]


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