3 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” sarkarTo save the citizens from unnecessary litigation.To save time , money and energy of the citizens and the government.
4 The Governance Deficits TRUST DEFICITDIGNITY DEFICITYPRODUCTVITY DEFICITNON EMPOWEREMENT OF CITIZENS
5 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 policyForemost ingredient of this has been mistrust in subjects or populace.
6 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 servicesdeclarations 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.
7 DIGNITY DEFICITGovernance in India is characterised by lack of respect and dignityEminent 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 collectoratesThese spaces look alien and leave one feeling that dignity and identity have been surrendered.
8 PRODUCTIVY DEFICIT Time Consumption in making affidavit of individuals Time consumption in content checking & authenticity of affidavits by officersUnnecessary handling of records of affidavits by officersProductivity and Wage loss to individual as well government
22 Legal Provisions (Contd.) Affidavits have no legal sanctityin lawSame function can beperformed by Self Declarations.
23 Legal Provisions (Contd.) In case ofconcealmentormisrepresentation-Legal actioncan be taken under the IPC
24 Legal Provisions (Contd.) SecHeadPenalty177Furnishing false informationS.I. Up to 6 months/ fine up to Rs. 1000/- or both182False information, with intent to cause public servant to use his lawful power to the injury of another person6 months / fine up to Rs. 1000/- / both193Punishment for false evidence7 years and fine197Issuing or signing false certificate
25 Legal Provisions (Contd.) SecHeadPenalty198Using as true a certificate known to be false7 years and fine199False statement made in declaration which is by law receivable as evidence200Using as true such declaration knowing it to be false209Dishonestly making false claims in Courts2 year and fine
26 Services Covered under this reform A tentative list of 89 services where affidavits has been dispensed with.
27 Abolition of Affidavits Sr No.DescriptionNo. of Services1Various kinds of Certificates162Issuance of Licenses & related matters3Property Transaction & Building plans144Related to implementation of schemes135Education /Admission related issues6Employee- Employer relationships197Ration Card related issues8NOC’s9Municipal Services10MiscellaneousTotal89
28 Tentative list of Services where Affidavit is Mandatory Sr No.Name of Service1New Arms Licence2Late Renewal Arms Licence3Addition of Weapon4Entry/Deletion of Weapon5Disposal of Death case (Arms Licence)6Admission in Colleges/Schools (low income)7Unmarried Certificate8Late Death Certificate(Current Year)9Sale of vehicles10For Appointment Letter11Complaint cases12Misc. (Court cases/Central Govt.)
29 Abolition of Affidavits and Self Declarations: Implementation Mechanism
30 Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) Government order was issued byChief secretary, Government of Punjabon10th March, 2010.
31 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.
32 Meeting of Chief Secretary with all Administrative Departments. Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.)Meeting of Chief Secretary with all Administrative Departments.
33 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.
34 Awareness campaign through Media and Deputy Commissioners. Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.)Awareness campaign through Media and Deputy Commissioners.
35 Special directive to recruitment agencies like Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.)Special directive to recruitment agencies like“The Punjab Public Service Commission” & “Subordinate Staff Selection Board”.
36 Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) To know the prevalence of Affidavits, an instruction was issued on 22nd November, 2010 seekingMIS report regarding thenumber of Stamp Papersissued for preparing affidavits ;ANDAmount of Revenue collectedfor that purpose.
37 Abolition of Affidavits and Self Declarations: Implementation Mechanism (Contd.) This information isavailable with theDeputy Commissionersas the licensing authoritiesfor Supervisors.This information is alsoavailable from theTreasuries andSub Treasuriesas Revenue with respectto Stamp Papers are alsomonitored by the financedepartment
39 Results of Abolition of Affidavit Reform (Contd.) S No.YearTotal no. of services disbursed by the Suwidha CentresTotal no. of services relating to affidavits in (lacs)Total services relating to affidavits in(% age)122,68,43914.865.60%232,70,7153.209.81%
40 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.
41 Results of Abolition of Affidavits (contd.) Freeing time and infrastructure of Suwidha Centres to deliver other citizen centric services in efficient manner.
43 Benefits to Youth and Students (Contd.) Rush during admissions for Caste,Income( BPL), Residence & Rural Area CertificatesLimited 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.
44 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.
45 Abolition of Affidavits : Self Attestation (Contd.) As per data, aprroximately 8 lakh students appear in Senior Secondary (12TH) 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 getadmissions in colleges,students are required to gettheir documents dulyattested by Gazetted Officer.On an average a student is spending Rs. 100/- on attestation.As such 8, 00, 000 X 100 = Rs. 8 Crore.
46 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/ PSU’s may be dispensed with.The same may be collected at the time of admission/ selection of the candidate with self certification/ attestation .
47 EMPOWERING CITIZENSPUNJAB GOVERNEMNT IN ITS INTIATIVE TO EMPOWER CITIZENS HAS BROUGHT NUMBER OF E- GOVERNANACE REFORMS LIKE:RTIRTSABOLITION OF AFFIDAVITALL THESE REFORMS EMPOWERS THE CITIZENS AS WELL AS THE GOVERNEMNT AND THE SPEED OF PUBLIC DELIVERY SERVCIES INCREASED CONSIDERABLY.
49 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/ PSU’s.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 crores.
50 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.
51 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 8th 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?
52 Way Forward (Contd.) Affidavits and Courts The Ministry of Law andJustice in consultation withthe Judiciary may review thelegal requirement of Affidavitsin relating to Criminal andCivil 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.
53 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.