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3.  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” 3 PPT downloaded from www.pravinkolhe.com

4.  In 2006, NeGP was approved to provide certain services electronically.  In 2008, the 2 nd 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. 4 PPT downloaded from www.pravinkolhe.com

5.  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. 5 PPT downloaded from www.pravinkolhe.com

6.  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. 6 PPT downloaded from www.pravinkolhe.com

7. 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 1Commissioner 2 7

8.  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. 8 PPT downloaded from www.pravinkolhe.com

9. Authority Grievance Redressal Mechanism (GRM) Central Commissions High court of DelhiHigh court of State State Commissions Fine up to Rs. 5000/- Wilful and persistent default carries a penalty up to Rs 20,000/- 9

10. 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. 10 PPT downloaded from www.pravinkolhe.com

11.  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. 11 PPT downloaded from www.pravinkolhe.com

12.  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. 12 PPT downloaded from www.pravinkolhe.com

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