Revenue Officer s Training Institute. Project. On ISSUE OF VARIOUS CERTIFICATES THROUGH e-district portalprocedure. S rakesh kumar patro,ors

Transcription

1 Revenue Officer s Training Institute Project On ISSUE OF VARIOUS CERTIFICATES THROUGH e-district portalprocedure Submitted by S rakesh kumar patro,ors Addl. Tahasildar, bellaguntha (16th Batch Training) From to

2 Table of Contents 1. Introduction...1Error! Bookmark not defined. 2. Edistrict portal...error! Bookmark not defined. 3. OMC Rules Error! Bookmark not defined. 4. Odisha caste certificate rules Error! Bookmark not defined. 5. ORTPS ACT Error! Bookmark not defined. 6. General process flow of Certificate issuance...error! Bookmark not defined. 7. Procedure for issuance of resident certificate...error! Bookmark not defined. 8. Procedure for issuance of income certificate...error! Bookmark not defined. 9. Procedure for issuance of legal heir certificate...error! Bookmark not defined. 10.Procedure for issuance of solvency certificate...error! Bookmark not defined. 11.Procedure for issuance of guardianship certificate...error! Bookmark not defined. 12.Procedure for issuance of caste certificates...error! Bookmark not defined. 13.Conclusion...Error! Bookmark not defined. 14.References...12Error! Bookmark not defined. Table of Figures Figure 1:...Validity of different certificateserror! Bookmark not defined. Figure 2:... Ortps timeline for different certificates. Figure 3:... Normal process flow of a certificate issuanceerror! Bookmark not defined. Figure 4:...Process flow at office end Error! Bookmark not defined.

3 1. Introduction Issuance of miscellaneous certificates and caste certificates is one of the most important function of a tehsil in Odisha directly benefiting the common people. State government have notified 341 services as public services u/s 3(1) of the Odisha Right to Public Services Act, 2012 vide Gazette Notification No dated Some of the important services include issuance of caste, resident, income, legal heir, solvency, guardianship certificates etc. Government has adopted online mode of issuance of certificates through edistrict portal since long in order to expedite the process to ensure efficient, hassle-free and timely delivery of certificates. For long time misc certificates were issued under certificate rules 1984 which has various lacuna. However state govt has notified new Odisha misc. certificate rule 2017 with clear instructions, And caste certificates are delivered under caste certificate rules 1980 which will be discussed. 2. Edistrict Portal. E-District application was developed by SRIT and certified by STQC.Application is Hosted at Odisha State Data Centre (OSDC).Primarily 8 Miscellaneous certificate services and Issuance of Certified copy of RoR enlisted under ORTPSA of R&DM and Minority and Backward class Department are included in the project. E-Services were made live on pilot basis on 5-Sep-2011 in Ganjam and on 18-Dec-2011 Mayurbhanj district. Subsequently all services were rolled out to all the Tahasils w.e.f. January Till March 2018, number of digital certificate issued were more than 1.33 Crore, having verification and Security features like 1D Barcode, 2D Barcode & Digital Signature. 3. OMC Rules 2017 Previously misc certificates were issued under Odisha Miscellaneous Certificates Rules, 1984;Whereas, various circulars were issued, from time to time, supplementing the Odisha Miscellaneous Certificates Rules, 1984; And in order to consolidate such

4 circulars and to bring clarity, it is felt necessary to frame a new set of rules; Therefore, after careful consideration and in supersession of the Odisha Miscellaneous Certificates Rules, 1984 as amended from time to time and circulars soissued, the State Government formulated new Odisha Miscellaneous Certificates Rules, 2017 wef under new rule,a Revenue Officer shall be Competent to grant following categories of miscellaneous certificates, namely: (i) Resident certificate (ii) Legal heir certificate (iii) Income certificate (iv) Solvency certificate (v) Guardianship certificate Salient features of the new rule- Brought clarity and simplified the procedure of issuance of various certificates The new rule has validated the self declaration by applicant and dismantled the use of affidavits in all total. Cleary mentioned the time upto which each certificate is valid (see figure1). Prescribed the time limit of disposal of each certificate(u/r 6(4)) in accordance with ORTPS Act(see figure 2) Clearly mentioned the documents required for each certificate SL NO NAME OF CERTIFICATE VALIDITY 1 RESIDENT 1YEAR 2 LEGAL HEIR PERMANENT 3 INCOME 1YEAR 4 SOLVENCY 1YEAR 5 GUARDIANSHIP PERMANENT (VALIDITY OF CERTIFICATES) Figure 1 4. Odisha caste certificate rule, 1980

5 In Odisha caste certificates are issued under this rule which is formulated in And subsequently many executive instructions have been issued for further clarification and understanding. This rule is governing SC and ST certificate issuance. Definition of SC&ST:- Scheduled Castes :- The Constitution (Scheduled Castes) Orders, 1950 made under Article 341 of the Constitution of India and as amended from time to time Rule 2 (a). Scheduled Tribes :- The Constitution (Scheduled Tribes) Order, 1950 made under Article 342 of the Constitution of India and as amended from time to time Rule 2 (b). Other caste certificates like OBC and SEBC are not issued under this rule. Rather there is no such rule/act exists which governs the issuance of OBC or SEBC certificates. However both center and state has issued various instructions in determining the creamy layer for issuance of these certificates. And the procedure for enquiring the caste of a person is almost same in all the above mentioned caste certificates which is discussed in the later part. 5. Odisha right to public service act 2012 This is implemented for the delivery of public services to the citizens within the given time limit and for matters connected therewith and incidental thereto. This is to bring transparency, accountability and to provide a timeline for disposal of different services. State government have notified 341 services as public services u/s 3(1) of the Odisha Right to Public Services Act, 2012 vide Gazette Notification No dated Some of the important services include issuance of caste, resident, income, legal heir, solvency, guardianship certificates etc. This act has mandated revenue officers to dispose the certificates in a specific time line (table 2) failing which action can be taken under the act.

6 SL NO Name of Public Service Given Time limit Designated Officer Appellate Authority Revisional Authority 1 Disposal of applications for issue of SC/ST Certificates 30DAYS TAHASILDAR/ ADDL TDR RDC 2 Disposal of applications for issue of OBC/SEBC Certificates 30days TAHASILDAR/ ADDL TDR SUB - 3 Disposal of applications for issue of Legal Heir Certificates 30days TAHASILDAR/ ADDL TDR SUB- 4 Disposal of applications for issue of Residence and Income certificates 15days TAHASILDAR/ ADDL TDR SUB- 5 Disposal of application for issue of Solvency Certificate for an amount upto Rs.5 lakh 30days TAHASILDAR/ ADDL. TDR SUB- 6 Disposal of application for issue of Solvency Certificate for amount exceeding Rs.5 lakh 30days SUB RDC 7 Disposal of applications for issue of Guardianship Certificate (By Collectors) 45days RDC MEMBER BOARD OF REVENUE ORTPS TIMELINE FOR DIFFERENT CERTIFICATES figure 2 6. General process flow of certificate issuance

7 Application will be applied through nearest CSC center with requisite documents In case of minor or person incapable of managing his own affairs, parents or guardians of the minor can file application( u/r 4(2) of omc rule 2017) Since application is filed online, application fee is realised through electronic mode The particulars of the application received shall be registered in Register No. 27 vide Form No. 51 of the Appendix-I of the Odisha Records Manual, 1964.(u/r 4(4) of omc rule) The Revenue Officer shall initiate a case record, scrutinize the documents furnished by the applicant, verify the relevant records, if any, in the office and wherever necessary, may himself inquire into the matter or call for a report of inquiry by a specified date from an officer subordinate in rank(ri) {U/R 5(1) OF OMC RULE} If on the basis of the documents, records, and the result of the inquiry conducted under rule 5, if any, the Revenue Officer is of the view that the certificate applied for may be granted, he shall pass necessary orders in the case record and sign the appropriate certificate.{u/r 6(1) OF OMC RULE} The certificate shall be handed over to the applicant or his duly authorized agent on due acknowledgement of receipt and in case of online mode of filing of application, the certificate shall be issued through electronic mode by the CSC {U/R 6(2) OF OMC RULE 2017} NORMAL PROCESS FLOW Citizen

8 CSCC Operator Authority Application Filing Logs into e-district portal Fills up online form & forwards it to the authority Logs into e-district portal, views the application processes the same, digitally approves/rejects & send back to the kiosk operator Processing Kiosk Operator Logs into e-district portal, retrieves the digitally signed document, prints it and give to citizen after authenticating his identity figure 3 Delivery PROCESS FLOW OFFICE END VERIFYING AUTHORITY RI/ARI APPROVING AUTHORITY DEALING ASSISTANT NB:- In case application is on Hold by Any official, the application will be routed directly to Kiosk operator for compliance of Same.Each and Every Step SMS is triggered to the Citizen about Status of Application Digitally Approves/rejects and On Hold the Application in case of Discrepancy Figure 4 7. Issuance of residence certificate

9 Resident certificate for a locality in the State of Odisha shall be granted to aperson, subject to the conditions that (i) he has been residing in the village or town of the concerned tahasil for aperiod of at least one year continuously; or (ii) he produces copy of Record of Rights (RoR) of residential plot where hehas been residing, owned by him or his parents or ancestors: Provided that where one does not produce copy of RoR of residentialplot in the locality, he has to produce any documentary evidence in support ofhis residential address proof to the satisfaction of the Revenue Officercompetent to grant resident certificate such as extract of Voter List, Voter sid card, Ration Card, Driving licence, Aadhaar card, PAN Card, Passport orrent agreement with the landlords, address in bank pass book, bills for public utility services like PHED, electricity distribution company, land linetelephone, NREGS job card, etc. in proof of his residing in such locality for aperiod of at least one year continuously. Hence applicant will apply at nearest csc with any or more aforesaid documents mentioned above. Then the application will move as per the process flow shown above and the certificate will be approved or rejected. NOTE: CERTIFICATE WILL BE ISSUED WITH IN 15DAYS AND 1YEAR WILL BE THE VALIDITY.AND WILL BE APPLIED IN FORM 1 AND CERTIFICATE WILL BE PROVIDED IN FORM I 8. Issuance of income certificates Income certificate will be issued:- (i) where income is accruable from immovable property, the incomecertificate shall be granted by the Revenue Officer within whosejurisdiction such property situates;

10 (ii) where the income is accruable from movable property or from profession,trade or business or calling, occupation, the income certificate shall begranted either on the basis of income tax return or other documents, ifany, to the satisfaction of the Revenue Officer by making such inquiry ashe deems proper; and (iii) where income is accruable to a person byway of salary, wages orremuneration in whatever form from Government service / Public SectorUndertaking/ Local Authority or Private company or the like, the income certificate shall be granted, if such person produces the certificate issuedby the employerthen the application will move as per the process flow shown above and the certificate will be approved or rejected. NOTE: CERTIFICATE WILL BE ISSUED WITH IN 15DAYS AND 1YEAR WILL BE THE VALIDITY.AND WILL BE APPLIED IN FORM 1 AND CERTIFICATE WILL BE PROVIDED IN FORM I 9. Issuance of legal heir certificates Legal heir certificate shall be granted for (i) drawal of pension, gratuity, arrear salaries, provident fund; (ii) receipt of Government assistance, ex gratia payment; (iii) withdrawal of money from financial institutions and post offices wherethe amount involved does not exceed one lakh rupees; and (iv) transfer of name in case of basic amenities like electricity connection,water connection, etc.: U/R 5(2) Before issue of legal heir certificate, the Revenue Officer shall issue aproclamation in Form VI inviting objections from the public regarding list of the legal heirs of the deceased within fifteen days.provided that in disputed cases the applicants may be advised toapproach the Civil Court for issue of succession certificate. Provided further that the succession certificates, which are governedunder the provisions of the Indian Succession Act, 1925 shall not be grantedby the Revenue Officers. NOTE: CERTIFICATE WILL BE ISSUED WITH IN 1MONTH AND 1YEAR WILL BE THE VALIDITY.AND WILL BE APPLIED IN FORM 1 AND CERTIFICATE WILL BE PROVIDED IN FORM I

11 10. Issuance of solvency certificates While issuing solvency certificate immovable properties situated within theoperational jurisdiction of the Revenue Officer concerned shall only be taken into account after careful verification. NOTE: CERTIFICATE WILL BE ISSUED WITH IN 1MONTH AND 1YEAR WILL BE THE VALIDITY.AND WILL BE APPLIED IN FORM 1 AND CERTIFICATE WILL BE PROVIDED IN FORM I 11. Issuance of Guardianship certificates The Guardianship certificate shall be granted by the Collector for limited purposessuch as receipt of pension, family pension, retirement/death Gratuity, etc. to the legalguardian of the minor or person incapable of managing his own affairs on application beingmade by the applicant. NOTE: CERTIFICATE WILL BE ISSUED WITH IN 1MONTH AND 1YEAR WILL BE THE VALIDITY.AND WILL BE APPLIED IN FORM 1 AND CERTIFICATE WILL BE PROVIDED IN FORM I 12. Issuance of Caste certificates In Odisha caste certificates like SC & ST are issued under The Odisha Caste Certificate Rules, 1980 Caste verification procedure :- Where a person claims to belong to Scheduled Caste or Scheduled Tribe it should be verified (1) The person and his parents actually belong to the community claimed. (2) The community is included in the Presidential Order specifying the Scheduled Castes and Scheduled Tribes in relation to the State of Odisha.

12 (3) The person belongs to the State of Odisha and to the area in respect of which the community has been scheduled. (4) If a person claims to be a Scheduled Caste, he should profess either the Hindu or Sikh religion. (5) If a person claims to be a Scheduled Tribe, he may profess any religion. In order that certificates are issued to the deserving persons, it is necessary that proper verification based primarily on revenue records and if needed be through reliable enquiries, is made before issue of certificates. [Provided that in case of doubt of the competent authority about the caste of the person, the competent authority may conduct local enquiry and take appropriate steps to issue caste certificate without delay within the prescribed time, i.e. within 30 days from receipt of the application. The same procedure is adopted in verifying the OBC/SEBC caste. However there is a need to evaluate the wealth of the applicant family in determining the creamy layer. NB:- Recently government has increases the income criteria to 8lakh/annum(previously 6lakh)as the non-creamly layer status.

13 13. Conclusion There was a time certificates at tahasil were issued manually. HAKIMGIRI was prevalent. Corruption is rampant. I can remember the events when I applied for a resident certificate at my home tehsil which is required during my engineering counselling. I had to spend approx. rs3000/- on advocate, peon, clerk and anyone to get it done and not to forget it took 7 days for approval at authority level even after paying such a hefty amount. Now everything has been changed. Now people no need to go to the tahasil even. They can track their application status and can know at which level the application is pending. During emergency within a day even a certificate can be approved and the person can be benefitted. Thanks to the state government for its proactive action in implementing e- governance initiatives which includes issuance of certificates through e-district portal too. It has brought tremendous transformation in the field of tehsil administration. Not only certificates but also many other initiatives like LRMS, RCCMS, CCMS, BHUNAKSHA etc are implemented which will surely make the tehsils people friendly, accounatable and transparent. 14. Reference