REFORMING PUBLIC SERVICE DELIVERY SYSTEMS IN INDIA
Rationalization of Affidavits
Introduction: The following issues are covered:
(i) Affidavits.
(ii) Self attestation of original documents.
(iii) Need-Based Services – System of Reports/Verifications by Revenue Officials/ Lambardars/Municipal Commissioners/Sarpanches (for issuance of area/ residence/SC/Income certificates etc.).
(iv) Issuance of Residence/Domicile/Area/Income/Identity Cards/Other Misc. Certificates (e.g. dependant/marriage status etc.) – Designating Appropriate Authorities.
(v) Verification of Character and Antecedents: Central and State Governments.
I. AFFIDAVIT: DO WE NEED THEM?
Historically, governance has been a prisoner of the colonial non-faith citizen-government exchange. The interaction of the State vis-à-vis the citizens continues to remain divergent, even antagonistic, in terms of realization of the claims, entitlements and the basic rights. The institutions, norms and procedures continue to function as colonial constructs, causing a visible disconnect between the State and the people. However, the denial of the key values like identity and dignity to the large sections of the population results into an ‘exclusion’ experience. In this case, they remain ‘deficient citizens’. This denial of ‘personhood’ across board to the citizens has led to a call for ‘the right to have rights’.
2. Affidavits are required in support of facts given by the applicants for issue of various certificates, (residence etc.). Affidavits are affirmations by the applicants (supported in some cases by third parties). For example, in the case of delayed registration of births up to one year, an affidavit by an applicant is sufficient, whereas, in the case of income certificates, affidavits of third parties are required. The practice is also prevalent in public utility services and affidavits may be required for getting new power connections, water and sewerage connections/new constructions. An affidavit, thus, is an important pre‐requisite for most of the need‐based services. Generally, affidavits require stamp paper/stamp fee and need to be sworn before a Magistrate or a Public Notary.
3. Cost to the Citizens
Affidavits impose their own cost on the citizens ‐ buying stamp paper, locating a deed writer, payment to the Notary for attestation and, of course, the time and efforts consumed in these processes. On the other hand, affidavits have no particular sanctity in law and the same function can be easily performed by declarations.
4. In Punjab alone, it is estimated that at least half the households file affidavits annually for one service or the other. Extrapolating this figure to India, the total number may be more than 20 crore citizens/affidavits and assuming a cost of Rs.400/- per affidavit (one day wages plus stamps, fees and charges), the total expenses incurred by the citizens in India could well be to the extent of Rs. 8,000 crores approximately.
5. Affidavits, therefore, need to be replaced by Self-Declarations for all services in the public utilities/agencies. Affidavit is a declaration, and such, a declaration in itself is adequate for the purposes of law. Attestation by the officials, thus, does not appear to be necessary. The applicant/signatory continues to be responsible for the statement made. One advantage that the public agencies have is that they can also impose penal liability for making wrong statements in terms of suspension of the services (suspension of ration card facilities, disconnection of power supply etc.).
This practice of self declaration needs to be adopted in place of affidavits. This will save a lot of bother and sizeable expenses in the citizen having to procure stamps/stamp paper which is mostly not available at the place where the affidavit is to be submitted. Some of the Central Government agencies (passport, income tax etc.) have already adopted this practice.
6. There appears to be no legal problem in adopting this practice. The Indian Penal Code contains a number of Sections such as 177, 193, 197, 198, 199 and 200. These Sections specifically deal with the implications of any false information/evidence/disclosure/ declaration made by the deponents and, any such instances have been included to be subjected to the imposition of penalties, fines, registration of criminal cases and even imprisonment. These are reproduced in Annexure 1.
7. Present position in Punjab:
The PGRC recommendations for substituting affidavits by self declarations in cases where only administrative instructions were required to be amended, were accepted by the State Government. As a result, about 50 services, including 40 administrative services (Income, Scheduled caste, Residence, Ration card etc.), have been covered under the new process; in addition, 10-20 services of Utilities (water connection/ meter change etc.) have also been covered.
8. As of now, affidavits are required to be filed only in a few matters, such as, asking for arms licences, sale/purchase of vehicles, getting certificates relating to the births and deaths, registration of marriages etc.
The benefit of change is obvious if one looks at the figures. During the year 2009-10, out of a total of 22,68,439 services availed by the citizens at the District Suwidha Centres, as high as 65.60% (14,88,053) were affidavits alone. However, during the period from 1-4-12 to 31-3-13, while a total number of 32,70,715 services were delivered by the Suwidha Centres, only 9.81%(3,20,963) services pertained to the affidavits. It is, therefore, clearly noticeable that, consequent upon the issuance of the Government instructions dated 1-4-2010, whereby non statutory affidavits were no longer required by the citizens, the Suwidha Centres have been delivering the services within the prescribed timelines and, the actual number of the services being dispensed at these Suwidha Centres has gone up four times between the two reference periods indicated above i.e. 2009-10 and 2012-13.
SYSTEM OF AFFIDAVITS FOR NEED-BASED SERVICES
Existing Practice
At present, affidavits of the applicants/guardians are required for the various need-based certificates – residence/domicile/Kandi area/S.C./B.C. etc. In some cases, affidavits are prescribed under some statutory Rules and Acts. In some cases, Public Notaries are allowed to attest the same whereas in the case of others, only Executive Magistrates are empowered.
Decision to be taken by the Government
(a) Self-declaration to be accepted in place of affidavits in all cases where affidavits are not required as per any statutory provisions. (See Office Order of Government of Punjab, Annexure-II)
(b) In cases where statutory rules provide for affidavits (e.g. byelaws for the approval of new construction/water supply connection in Municipal areas), the bye-laws may be amended.
(c) In cases where affidavits are required under any Act, In-charge of the Suvidha Centre/officials designated by the Deputy Commissioner, at the district or sub-division level, may be authorised to attest the same.
(d) The format for self-declaration would provide for the liability of the person making a wrong declaration on the lines indicated in the Annexure II.
(e) This decision will cover all affidavits presently required for the issuance of Residence/Domicile/Kandi area/S.C./B.C./Income Certificates, Ration Cards and for seeking permission for new sewerage, water and electricity connections.
Action required and the authorities responsible
(1) Deputy Commissioners: To switch to the new system within a month by displaying and providing revised formats for self-declaration at all Suvidha Centres/Service Providers. The system of affixing photograph of the applicant may, however, be continued for self- declaration.
Secretaries of Departments
(2) All Secretaries, especially those dealing with education, health, technical education, social security, irrigation and power departments etc., where affidavits are required for establishing the eligibility for admission/employment, shall ensure that all institutions/agencies change over knew the existing system of filing affidavits and provide for the new system.
(3) All departments should display to the public the list of affidavits which have since been substituted by self-declaration and another list of subjects/areas where affidavit system is proposed to be continued due to some statutory/other compulsions.
Action by Central Government
(i) At present, the affidavits have to be filed by the parties in cases and petitions etc. in the Courts under CPC/CrPC/High Court Rules and Orders. The parties incur substantial costs in terms of money as well as time in having to file affidavits at almost every stage of the case. The appropriate laws – CPC/CrPC/Evidence Act/High Court Rules and Orders – would need to be amended to permit self declarations to be accepted as evidence. Attestation by the witnesses who are not public authorities, can be provided in place of Notaries wherever considered necessary.
(ii) Births and Deaths Registration Act – requires affidavits in case of the applications filed after one year of the event.
(iii) Central Ministries may be requiring affidavits for different services, welfare programmes and social security schemes
The Central Government take initiate appropriate action to amend the relevant laws/rules to accept Self Declarations as evidence in place of affidavits.
II. SELF-ATTESTATION OF ORIGINAL DOCUMENTS
Present position: These documents are required to be attested by Notary/Executive Magistrate, and that itself leads to unnecessary delay. In most of the cases, copies are required only for checking the eligibility (e.g. for admission in educational institutions) where, in any case, the original documents are checked again finally for the shortlisted candidates.
In cases where attestation is considered necessary, In-charge of Suvidha Centre needs to be authorized to attest affidavits instead of having to send them to the Executive Magistrate, thus, making the single window also a one-stop window.
There are cases where supporting affidavits of third parties (Sarpanch, Lambardar etc) are required as evidence before issue of certificates – e.g. income certificates. In these cases also, declarations should be accepted in place of affidavits. It has also been proposed that the citizen declarations should be adequate for the third party verification. In these cases, one problem is establishing the identity of the third party. This can be established by Aadhar Card. This will reduce the number of bogus attestations as the beneficiary-applicant will anyhow remain liable. The present practice and the proposed process is indicated below:-
| Services | Present | Proposed |
| Affidavit |
|
|
| Contents of the affidavit |
|
|
| Court fee/stamp |
|
|
| Photograph |
|
|
From Attestation of the Affidavit to Self-Declaration
|
Decisions to be taken by the Government
(a) Self-attestation of documents should be permitted in case of documents required for seeking domicile/Kandi area/S.C./B.C./Income Certificates/Ration Cards, Electricity, Water Connections & similar services and for the applications for seeking admission to the educational institutions/employment.
(b) In cases where attestation by the 3rd party is considered to be necessary, In-charge Suvidha Centre or designated official or third person holding Aadhar Card is authorised to attest the documents.
(c) Agencies responsible for making admissions in educational institutions and for
offering employment should accept self-attested copies and call for original
documents only from the shortlisted/finally selected candidates.
III. NEED-BASED SERVICES – SYSTEM OF REPORTS/VERIFICATIONS BY REVENUE OFFICIALS/ LAMBARDARS/ MUNICIPAL COMMISSIONERS/ SARPANCHES (FOR ISSUANCE OF AREA, RESIDENCE/SC/INCOME CERTIFICATES, ETC.)
Various institutions and organizations ask for residence certificates which are mostly needed for the purposes of employment and education. Generally, the certificates are issued in compliance with the prescribed conditions – e.g., some institutions may ask for residence certificate on the basis of residence/domicile for the last five years whereas others may be content with a certificate regarding the applicant being ‘ordinarily resident’.
Field Reports/Verification
In some cases, field reports/verification is required from Municipal Commissioner/Sarpanch and, in addition, from Patwari and Kanungo. At present, elected officials as well as revenue officials are required to report in case of rural areas.
Ideally, since the MC’s/Sarpanches are not the custodians of information about the applicant nor do they have any standard means of enquiry, self-declarations should be adequate in most of the cases. In practice, the publicmen, given their position – which is dependent on the constituent’s goodwill, can rarely afford to refuse on the grounds of lack of personal knowledge, and the endorsement by the publicmen is generally a ritual without much relevance to the correctness of the stated facts.
Verification by Government Officials: Rural areas
The verification by the government officials, for instance, Patwari and Kanungos, who are concerned with land matters, do not have the custody of information regarding the residence. The practice of verification by them, therefore, in any case, needs to be discontinued. There is noi logic in making the process more onerous for the rural areas, just because the revenue officials happen to be available there.
It appears more appropriate to
(i). Ensure proper identification of the applicant,
(ii). Allow any two citizens (including government officials) in place of or in addition to the public officials to provide supporting declarations.
(iii). Ensure proper identification (e.g. EPIC, Ration Card with photo, Aadhar Card, etc.) of the supporting citizens; and
(iv). Provide for liability for action in case of wrong declarations.
SOME INDICATORS FOR PROCEDURAL CHANGE
Period of Stay Required for Residence Proof
It is understood that the government requires proof of residence for 5 years (in the case of Punjab). This is unreasonable if we take note of the labour mobility. The proof of residence should be the same as for elections- a person is only required to be ‘ordinarily resident’. In any case, certificates can be issued on the basis of two year stay at the address given, as is the practice for issue of passports.
Lack of uniformity
Different institutions have prescribed different criteria for residence/ area certificates. Some even require certificates of residence by birth; others need, at least, five years proof of residence and so forth. At least, within a particular State, all the institutions should follow a uniform pattern — residence proof based on two year stay.
Discretion of the Officers
The systems and processes are routine and non-discretionary. There may, however, be cases where some documents are not available or are inadequate due to unavoidable reasons (e.g. recent shifting of family). In such cases, the applicant may be allowed to lead supportive evidence/witnesses by the competent authority and the case with recommendations referred to the next higher authority for decision. Instructions should provide for scope for discretion at the defined levels superior to the deciding authority.
Risk Factors
Wrong issuance of certificates due to the acceptance of bogus documents etc., is unlikely as the applicant continues to be responsible for wrong information. Self-attestation also means self-incrimination. Self-attestation and verification are allowed for Passport and Income Tax matters and there should be no problem in allowing it for these services. The risks can be minimized by displaying the list of certificates already granted. Sheer competitive pressure will lead to reduced risk of misuse, once the list of persons already issued the various certificates is displayed on the website.
Processing of Applications
Processing of applications which is an internal matter of the public agency can be as per the practice or as per the instructions issued in regard to the functioning of the Suvidha Centres. The present practice/instructions and the proposed changes required are indicated below.
| S.No. | Services | Present | Proposed |
| 1. | Residence/Area Certificates – Application forms |
|
|
| 2. | Documentation or Reports – Affidavit |
|
(“The information given by me in the form/enclosures is true and I am solely responsible for its accuracy and liable for action under sections |
| Residence Proof | Attested photocopy by Gazetted Officer or Notary:
|
Self-attested copies to be accepted. | |
| Field Reports a) Recommendations/ Certificate by MC/ Sarpanch/ Revenue Staff |
|
|
|
| b)Attestation of Originals |
|
|
|
| Authority to whom application is to be submitted |
|
|
|
| Competent authority for Issue/Signature |
|
Standard Format: Standard format of the certificate to be adopted by all the institutions. |
|
| Citizen Charters |
|
|
Recommendations
|
Decision to be taken by the Government
(a) The system of verification and field reports for issuance of various certificates is discontinued. Supporting declaration by 2 citizens (holding Aadhar Card) (including government officials/elected officials) would be considered sufficient.
(b) Proper identification of supporting witness is to be ensured (EPIC, Ration Card, Aadhar Card, etc.).
(c) As in the case of self-declaration by the applicant, the supporting declaration should provide for liability for action under section 199/200 IPC in case of wrong declaration; photographs of the supporting witnesses need to be affixed, as in case of self-declaration.
(d) This system should be adopted for the issuance of area/residence/domicile/ income/S.C./B.C. certificates, for old age pension applications and for other services of a similar nature.
IV. ISSUANCE OF RESIDENCE/DOMICILE/AREA/INCOME/IDENTITY CARDS/OTHER MISC. CERTIFICATES (E.G. DEPENDANT/MARRIAGE STATUS ETC.) – DESIGNATING APPROPRIATE AUTHORITIES
Present Position: Even where applications are filed with the Suvidha Centre, these are referred to other authorities (e.g. Tehsildar/SDM/District Registrar of Births etc.) for formal issue of the certificates.
Decision to be taken by the State Government
In case of the services mentioned, Incharge of the Suvidha Centre or an official so designated by the Deputy Commissioner should be authorised to issue the certificates.
V. VERIFICATION OF CHARACTER AND ANTECEDENTS: CENTRAL AND STATE GOVTS.
This is done in case of new appointments in government and for issue of passports. It needs to be considered if this can be eliminated as (i) the police check is only about any criminal cases for which the persons concerned do provide necessary declarations and remain liable for false declaration; (ii) the police report is perfunctory as it covers the last place of residence only; (iii) in any case, neighbours’ affirmation appears to have little meaning.
Annexure 1
Section 177. Furnishing false information
Whoever, being legally bound to furnish information on any subject to any public servant, as such, furnishes, as true, information on the subject which he knows or has reason to believe to be false, shall be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both;
Or, if the information which he is legally bound to give respects the commission of an offence, or is required for the purpose of preventing the commission of an offence, or in order to the apprehension of an offender, with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 193. Punishment for false evidence
Whoever intentionally gives false evidence in any stage of a judicial proceeding, or fabricates false evidence for the purpose of being used in any stage of a judicial proceeding, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine;
and whoever intentionally gives or fabricates false evidence in any other case, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine.
Section 197. Issuing or signing false certificate
Whoever issues or signs any certificate required by law to be given or signed, or relating to any fact of which such certificate is by law admissible in evidence, knowing or believing that such certificate is false in any material point, shall be punished in the same manner as if he gave false evidence.
Section 198. Using as true a certificate known to be false
Whoever corruptly uses or attempts to use any such certificate as a true certificate, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Section 199. False statement made in declaration which is by law receivable as evidence
Whoever, in any declaration made or subscribed by him, which declaration any Court of Justice, or any public servant or other person, is bound or authorized by law to receive as evidence of any fact, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, touching any point material to the object for which the declaration is made or used, shall be punished in the same manner as if he gave false evidence.
Section 200. Using as true such declaration knowing it to be false
Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.
Explanation – A declaration which is inadmissible merely upon the ground of some informality, is a declaration within the meaning of sections 199 to 200.
Annexure-II
GOVERNMENT OF PUNJAB
DEPARTMENT OF PERSONNEL
(TRAINING BRANCH)
To
All Heads of Departments,
Commissioners of Divisions,
Registrar, High Court of Punjab and Haryana,
Deputy Commissioners and Sub Divisional Officers (Civil).
Memo No. 3/7/2010-Trg.(3)/1007
Dated Chandigarh the 10th March, 2010.
Subject: Implementation of the recommendations of the Punjab Governance Reforms Commission, regarding;
Punjab Governance Reforms Commission was set up on 8th January, 2009 under the Government orders. The Commission has already submitted two Reports to the Government. The proposed recommendations of the Commission were considered carefully by the Government and it was decided that the recommendations will be considered by the Empowered Committee under the Chairmanship of Chief Secretary and, thereafter, the Department of Personnel, in consultation with the concerned Secretaries, will be responsible for getting the Government decisions implemented regarding the recommendations of the Commission.
The recommendations of the Commission were carefully considered. The following orders were issued regarding the specific recommendations related to affidavits and attestations.
All concerned are requested to immediately act in accordance with the revised procedures within the defined time frame.
1. Attestation system related to need based services:
1.1 Presently, the applicants/guardians have to submit affidavits to get various
need based certificates such as Residence/ /Kandi Area/SC/BC etc. In some cases, affidavits are required due to some rules, sub rules etc. under the authority of some specific law. For such cases, these are attested by Public Notary while in other cases, attestation rests with the Executive Magistrates.
1.2 The view of the Government is that by asking for affidavits, the citizens are put to unnecessary harassment and as such, attestation should be replaced by self-declaration in majority of the cases because there is a provision for stern action under the law for making wrong declaration. Therefore, it has been decided that no Government Department or organization will ask for affidavits from the applicants except in those cases where affidavits are required under law. In place of having affidavits, self-declaration has been accepted and this system will be implemented with effect from Ist April, 2010 onwards. It will be ensured by the Deputy Commissioners of the State that the self-declaration forms will be available at all the Suwidha Kendras to the citizens. Though, the self-declaration will carry a photo of the applicant.
1.3 All the Secretaries of the Departments, especially, Education, Health, Technical Education, Irrigation and Power etc. and others where affidavits are required for seeking admission or employment, will ensure that all organizations/agencies will replace the existing system of submission of affidavits with self-declaration and implement the changed system within the time frame.
1.4 All the Departments will submit a list of affidavits which have been replaced by self-declaration to the P.G.R. Cell of Department of Personnel and another list of the subjects where affidavits are required to continue due to legal formalities or on account of any other reasons. This list should be submitted by 30th April, 2010.
2. Attestation of Documents:
2.1 Presently, the applicants seeking admission in educational institutions and employment in Government Departments, are required to prove their eligibility to submit the attested copies of certificates. In some cases, the applicants are required to have the particulars mentioned in the applications duly attested by the Executive Magistrates.
2.2 The Government has decided that the applicants while submitting documents for admission in educational institutions and for seeking employment will be permitted to submit self-attestation with effect from Ist April, 2010 onwards.
2.3 For admission to educational institutions and for providing employment, the concerned agencies should accept the self-attested copies from the applicants and the original certificates should be called only from finally selected candidates
3. Action to be taken by the Authorities:
3.1 The Administrative Secretaries of the Departments of Education, Higher Education, Medical Education and Research and Technical Education are requested to ensure the implementation of the Government decision in all the educational institutions. The format of the application form is, thus, required to be revised properly before seeking applications for admission by the applicants during the Academic Session of 2010-11.
3.2 Chairmen of the Punjab Public Service Commission and Subordinate Services Selection Board are requested to ensure the implementation of the decision while making recruitments. The recruitments which are not covered by the above two authorities, the Administrative Secretaries and Heads of Departments concerned are required to take appropriate steps in the Departmental Selection Committees.
3.3 The Deputy Commissioners of the State are required to ensure that the decision will be disseminated through the District Suwidha Centres by publicizing the same widely and prominently. While doing so, due attention may also be drawn to the relevant provisions of The Indian Penal Code for willfully filing wrong declaration (Annexure-1).
3.4 Self-declaration format will also be properly included in the applications for employment being provided by various organizations under the control of the State Government.(Annexure -2).
S. C. Agrawal.
Chief Secretary, Government of Punjab.
Endst. No. 3/7/2010-Trg.(3)/1008 Dated Chandigarh the 10th March, 2010.
Copy is forwarded to Shri Satish Chandra, IAS, Principal Secretary, Health & Family Welfare, Planning and ex-officio Member Secretary, Punjab Governance Reforms Commission & Chairman, Core Implementation Committee for information and necessary action.
Sd/-
Under Secretary
Personnel
Endst. No. 3/7/2010-Trg.(3)/1009 Dated Chandigarh the 10th March, 2010.
Copy is forwarded to the following for ensuring early follow up action:-
1) Chairman, Punjab Public Service Commission;
2) Chairman, Subordinate Services Selection Board, Punjab;
3) Vice Chancellor, Guru Nanak Dev University, Amritsar;
4) Vice Chancellor, Punjabi University, Patiala;
5) Vice Chancellor, Baba Farid Medical University of Health Sciences, Faridkot;
6) Vice Chancellor, Punjab Technical University, Jalandhar;
7) Vice Chancellor, Central University, Punjab, Bathinda;
8) Vice Chancellor, Guru Angad Dev Veterinary and Animal Science University, Ludhiana;
9) Vice Chancellor, Rajiv Gandhi National University of Law, Patiala; and
10) Vice Chancellor, Punjab Agriculture University, Ludhiana.
Sd/-
Under Secretary Personnel
A) Self-declaration for getting services from Government Departments/Local Bodies/Autonomous Institutions under the State Government.
The written declaration as given hereunder will be included at the end of the application form for seeking the services: I_________________________________ Son/Daughter of Sh. ____________________ Age__________________ Year______________resident of _____________________ District_________________Punjab, hereby declare that the information given above and in the enclosed documents is true to the best of my knowledge and belief and nothing has been concealed therein. I am well aware of the fact that if the information given by me is proved false/not true, I will have to face the punishment as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
B) Self-declaration for getting admission in the educational institutions under the State Government:
The written declaration as given hereunder will be included at the end of the application form for getting admission: I_________________________________Son/Daughter of Sh.____________________ Age__________________ Year______________resident of _____________________ District_________________Punjab, hereby declare that the information given above and in the enclosed documents is true to the best of my knowledge and belief and nothing has been concealed therein. I am well aware of the fact that if the information given by me is proved false/not true, I will have to face the punishment as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
C) Self-declaration for getting employment in Local Bodies/Autonomous Bodies under the State Government:
The written declaration as given hereunder will be included at the end of the application form for getting employment: I_________________________________Son/Daughter of Sh.____________________ Age__________________ Year______________resident of _____________________ District_________________Punjab, hereby declare that the information given above and in the enclosed documents is true to the best of my knowledge and belief and nothing has been concealed therein. I am well aware of the fact that if the information given by me is proved false/not true, I will have to face the punishment as per the law. Also, all the benefits availed by me shall be summarily withdrawn.
Source: http://darpg.gov.in/darpgwebsite_cms/Document/file/Adoption_of_self_certification.pdf
Stay connected with us via Facebook, Google+ or Email Subscription.
Subscribe to Central Government Employee News & Tools by Email [Click Here]
Follow us: Twitter [click here] | Facebook [click here] | Google+ [click here]
Admin
COMMENTS