ONLY YOU CAN BRING GOOD GOVERNANCE

There is a law in Maharashtra which has the potential of giving good

governance to citizens. However since most citizens are unaware of it, it is
used very little. On a few occasions when citizens use it, government
officers treat it with complete disdain and refuse to take actions as
mandated in the law. A law is what is written and passed by legislature, and
it cannot be anybodys whim whether to follow it not. The provisions of the
law are very clear and require disciplinary action to be taken against
government officers who violate it. Government officers fear disciplinary
action more than financial penalties. If citizens start invoking its
provisions in large numbers, there is a strong possibility that the
government will start abiding by it. If that does not happen by this yearend
we will get the statistics from the grievance website and confront the
government. If we are not able to persuade the government, we will approach
the courts. Usually government enforces the law. Like RTI, this is one more
law which empowers citizens who must enforce it. Any citizen can follow the
following simple steps and contribute to getting better governance. You have
the potential to change the paradigm of governance in Maharashtra. Anyone
can use it sitting at home.
GOVERNMENT SERVANTS REGULATION OF TRANSFERS AND PREVENTION OF DELAY IN
DISCHARGE OF OFFICIAL DUTIES
Transfers, Charters and Delays Act

(ACT 21 of 2006)

Ready formats for citizens to implement three important sections of the law.

Section 4: When an officer is transferred in less than 2 years, send letter to Secretary of Department. : Mr..

in.. Department at..has been transferred from his job without completing his 3 year tenure. This is in
violation of Section 4 of the Transfers, Charters and Delays Act 21 of 2006. Please give me the reasons for this
and give me the weblink where this has been displayed in compliance with the order of the State Information
Commission
2 Section 8. If Citizens Charter not made and updated each year, send letter to Secretary of Department/
Municipal Commissioner:
The Citizens charter has not been prepared/updated as per Section 8 of the Transfers Charters & Delays Act 21
of 2006. Please fix responsibility for this lapse and take action against the responsible officer. Also please inform
me of the date by which an updated Citizens charter would be displayed.
In the case of BMC please mention Section 64A of Mumbai Municipal Corporation Act.

Section 10. Decision and action on any file (application/representation/complaint/other decisions) must be
taken in 90 days. If this is not done send a letter to the Secretary of Department/Municipal Commissioner:
I had given my application/representation/complaint for.. on . (copy enclosed). Since then I have
received no communication. I would like to draw your attention to Section 10 of the Transfer, Charters and
Delays Act 21 of 2006 which mandates that no decision can be kept pending for over 90 days. In the instant case,
no decision has been communicated to me despite the lapse of months. I request you to conduct a
preliminary enquiry within 15 days to fix responsibility on the officers responsible for this delay and take
appropriate disciplinary action against them. I request that the report of the enquiry may please be sent to me.
I look forward to your early action in the above matter,.
In the case of BMC please mention 64C of the Mumbai Municipal Corporation Act.
Act will not apply to:

i) sub-judice matters;

ii) cases referred to Lokayukta or Upa-Lokayuktas and other Constitutional institutions, Commissions, etc.; iii)
quasi-judicial matters;

iv) cases related to Central or other State Governments;

v) cases related to Legislation;

vi) cases involving major policy decisions.

Steps:
If Citizen charter not available or updated send letter as per point 2.
If any application/representation/complaint has not received any response send letter as per point 3.
After this if do not receive any response within 50 days post a grievance on the grievance portal stating:
For registering your grievance go to:
https://grievances.maharashtra.gov.in/

You can chose English or Marathi at the top right of the screen.
Click on Grievances redressal.
Select the Mantralaya department and mention in the space Your Grievance:
I had brought to the attention of the ....... Secretary violation of Act 21 of 2006. This was delivered by
speedpost on .(....date). As yet there has been no response. If the ...... Secretary does not follow the
law this is a serious problem. Action should be taken as demanded in the attached letter. The
speedpost receipt is also in it.
Attach the letter and the speedpost tracking report.
A email acknowledgement is given which gives the token number also. You should get an email response within
21 days. If it is unsatisfactory post that as your grievance.
If many of us pursue this route officers may start taking this law seriously.
If not we will collect evidence of the government flouting the law and consider putting pressure on it.
Note: Presently the Grievance portal will work only for Mantralaya departments, not for BMC.
But the letters suggested at point 2 and 3 can be sent to the BMC. We must also persuade BMC and all
Municipal Bodies to be part of this portal.
Consider sending this to your email contacts and also putting it on your FB and
Twitter.
Use this and persuade others to use it. We have an opportunity to empower ourselves and
all citizens to get good governance. Let us use it. YOU can start this movement and
participate from your house.
Shailesh Gandhi
shaileshgan@gmail.com
Note: Citizens Charter means a list of facilities or services rendered by the office or Department, together with
the time limit for providing such facility or services to the general public; as per Section 2 (a) of the Act.
All departments and officers have to publish their Citizens Charter and update them each year in May.