The Kerala Municipality (Preparation of Citizen Charter) Rules, 2000

1. Short title and commencement.-(1)These rules may be called the Kerala Municipality (Preparation of Citizen Charter) Rules, 2000.

(2) This shall be deemed to have come into force with effect from the 1st October, 2000.

2. Definitions-

(1) In these rules, unless the context otherwise requires,-

(a)"Act" means the Kerala Municipality Act, 1994 (20 of 1994);
(b)"Citizens Charter" means a statement, approved and published by the council, de scribing the services voluntarily offered to be made available time bound by the Municipality to the citizens residing in the Municipal area and as such entitled to them and the conditions and the time limit under which the same shall be made available;
(c)"Ombudsman" means the Ombudsman for the Local Self Government Institutions constituted under section 271 G of the Kerala Panchayat Raj Act, 1994;
(d)"Municipality" means a Town Panchayat, a Municipal Council or a Municipal Corporation.
(e)"Municipal area" means an area coming under the administrative control of a Town Panchayat or a Municipal Council or a Municipal Corporation.
(f) "Service" means an assistance that a Municipality may render to a citizen either free of cost or by imposing a reasonable fee to improve his living condition and includes the rendering of financial assistance and the issue of permit, licence or certificate for any purpose.

(2) Words and expressions used, but not defined in these rules, but defined in the Act shall have the meaning respectively assigned to them in the Act.

3. Preparation of Citizens Charter.-(1) After the Constitution of a Council following the General Election the Council shall, as soon as may be but not later than a period of six months there from, meet, discuss and decide as to whatever service the Municipality may be able to make available time bound, to the Citizens residing in the Municipal area and as to what conditions a citizen shall fulfill for getting such a service and as to the conditions subject to which the said services shall be made available and also as to what shall be the time-limit to make available the said service.

 

* Published in K.G. Ex. No. 644 dt 22-4-2003 as G.O. (P) No. 116/2003/LSGD.

(2) The Council shall, before taking a decision under sub-rule {1), seek the views of the Secretary and other Officers concerned and shall consider the factors like availability of Officials, sufficiency of fund etc.
(3)The Council shall, simultaneously, while taking a decision to render a service, deter mine, subject to the provisions of the Act and the rules made thereunder, the procedure, the quality and the fee leviable thereto (if the service is not free of cost) for that service.
(4)The services that the Council decides to render time bound shall be those connected with the duties vested in the Municipality or entrusted with it by the Government under the Act or under any other law.
(5)The services that the various institutions under the control of the Municipality may render, shall be included in the services that the Municipality renders time bound.
(6)The time- limit that the Council may fix under sub-rule (1) shall not exceed the time-limit, if any, that has been fixed under the Act or any other law or any rules, for rendering any service.

(7) The Municipality shall, in the form appended to these rules - prepare under the title "Citizens Charter", the details of services that the Council decides to render time bound and shall publish the same in the manner prescribed under Rule 4.

4. Publication of Citizens Charter.-(1) The Citizens Charter that the Municipality prepares under Rule 3 shall, for the information of the public, be published by affixing it on the notice board at the Office of the Municipality and on other notice boards fixed at public places in the Municipal area and the same shall be printed and distributed free of cost among the public. The Municipality shall give necessary publicity for a Citizens Charter so long as it is in existence. The Municipality shall take steps to make available, copies of the Citizens Charter to those who demand for the same.

(2) The summary of the Citizens Charter published by the Municipality shall be painted on a board and exhibited in the Municipal Office so that the public may see it.

(3) The next immediate Ward Sabha shall, in the Ward Committee meetings, read out Citizens Charter published by the Municipality.

5. Validity period of Citizens Charter.-The Citizens Charter prepared under Rule 3 shall, subject to revision under rule 9, be in force till the expiry of the term of the Municipality for which it was prepared and thereafter till a Citizens charter is prepared and published by the new Municipality.
6. Applications for getting the service.-(1) A person who want to get a service mentioned in the Citizens Charter, shall apply in the Form prescribed therefore to the Secretary or the Officer concerned.
(2) The Municipality shall issue the application form free of cost or on realising the actual cost thereof, to those who are in need of it.
(3) The Municipality shall in the respective Office, arrange an enquiry counter for distributing the application forms, for receiving the same and for giving reply to the enquiries in respect of the application.
(4) A serial number shall be assigned to every application for service received by the Secretary or the Officer concerned and the details such as the name of the applicant, the date of receipt of the application, the request in the application etc. shall be recorded in a register.

 

(5) Immediately on receipt of an application, an acknowledgement receipt shall be issued to the applicant recording therein the probable date on which the service may be rendered, the name of the Officer whom the applicant may approach in this regard and other necessary details.

7. Obligation to render service.-(l) The Council, the Secretary and the Officers concerned thereof who are under the control of the Municipality shall be obliged to render a service referred to in the Citizens Charter to an eligible applicant within the respective time - limit and the failure thereto will be treated as breach of promise.

(2) If a service cannot be rendered within the stipulated time - limit on reasonable grounds, the concerned Officer shall intimate the fact to the applicant within the said time - limit. Simultaneously, if possible, the revised time - limit shall also be intimated to the applicant.
(3) Where an applicant feels that an Officer of the Municipality fails to render a service or causes delay thereof, he may bring the complaint to the notice of the Chairperson and if any such complaint is received, the Chairperson shall, personally examine and dispose it.
(4) Where a Citizen considers that the Council or a member of the Council or an officer of the Municipality has committed deliberate default or delay in rendering a service which he is entitled to get as per the Citizens Charter, he may file a complaint before the Ombudsman, alleging that the Council or the member of the Council or the Officer thereto is guilty of committing maladministration as defined in clause (e) of Section 271 F of the Kerala Panchayat Raj Act, 1994.
8. Providing informations.-Everyperson, who requires in good faith, any material or information contained in any document, or any document or record relating to the Municipality as to the rendering to the applicants, of the services mentioned in a Citizens Charter, shall have the right to receive such information from the Municipality in accordance with the existing procedure.
9. Revision and Evaluation of Citizens Charter.-The Council shall, once in every year, revise and update the Citizens Charter prepared under Rule 3 and published under Rule 4 after having a discussion.
(2) Revision of the Citizens Charter in every year shall be intended to bring in suitable changes based on the experience during the previous year and if possible, to include in it, more services and to reduce the time limit in rendering the service.
(3) As in the case of Citizens Charter, its revision shall also be published in the notice board of the Municipality and the copies thereof shall be printed and distributed among the people.
(4) The Council shall often evaluate the progress in rendering services mentioned in the Citizens Charter and shall give necessary guidelines in due time to the Officers concerned.

 

 

FORM

[See sub-rule (7) of Rule 3]

Town Panchayat/Municipal Council/Municipal Corporation

 

CITIZENS CHARTER (In force from............................)

The Municipality will render, to the citizens residing in the Municipal area, the following services time bound:-

 

Sl.No

Details of services to be rendered

The conditions to be fulfilled by the applicant

The time limit with which the service is rendered (Time/Day after the receipt of application)

1

2

3

4

       

 

Note:-Further details of the above said services and application form can be had from the Office of the Municipality.

 

Explanatory Note

 

(This does not form part of the Notification, but is intended to indicate its general purport.)

Section 563 A of the Kerala Municipality Act, 1994 (20 of 1994) empowers the Government to prescribe by rules the publication of the Citizens Charter.

This Notification is intended to achieve the above object.

.....................