Saturday, January 24, 2009

SILENT AND PEACEFUL REVOLUTION

Under RTI different requestors are getting different response. Govt. officers are slowly but surely coping with new era of open and transparent governance, befitting a democracy, where ordinary citizen is the ultimate owner of all govt. information. Govt. officer is just a custodian of information. Sixty year old habits and mind frame will take some time, training and public punch, to change in line with this most progressive and empowering piece of legislation enacted after independence.

Experience shows that Govt. officers/employees soften, moment they know that you know about RTI Act, as you may legally ask questions that may be embarrassing to them and their department/office.

Govt. employees and officers are now feeling hesitant to do wrong things or misuse their authority, lest the mess may come to light at a later date, just by an application of any ordinary citizen under RTI. On an average 4000 applications are being filed per day in the country under RTI.

Let us not get discouraged and continue to keep on pushing. It is peoples’ law in action. Let us sharpen it to exert citizens’ right against its own public servants. Revolutions do not happen over night. Give a chance to RTI.

Wednesday, January 21, 2009

Common Indian, BE AWAKE AND CONTINUE TO ACT

I think latest by 15-12-2008, majority of TV channels and print media would have relegated issue of terrorism to back burners. People in posh drawing rooms and roads would have also lost interest. The politicians would then be busy in meeting their hidden agendas of garnering votes and money. Politicians will stop blaming Pakistan for their failures. All promises made in last 2 months would be filed out and forgotten. Common man would be busy in facing his daily problems. Some new politicians with old wine will be busy making some useless and funny statements. The candles will extinguish. Ministers and babus will securely keep papers pertaining to statements they made in last 2 months for some future date to be used by changing place and number of deads and injured.

Again one morning or evening same episodes will be replayed again and again. We get what we deserve. We do not want to awaken. We want to sleep and blame others including politicians and babus. We do not even feel ashamed that 10 young boys can hold country of more than a billion people at gun point for 60 hours.

Mera Bharat Mahan nahi haye, ye meri galti hai.

WHY YOU SHOULD HAVE GOAL IN LIFE?

1. It gives direction and focus to your life.

2. It activates success mechanism of subconscious mind.

3. It enables you to concentrate your energies and strength.

4. It is proved through research that those who had life goals in early age succeeded, while others failed.

5. It helps you acquire relevant skills and knowledge based on your goals.

6. It energizes you and enhances your enthusiasm many folds.

7. People will cooperate with you, if they know that you know where you are going.

8. It will attract circumstances that will facilitate achievement of goals.

9. If you do not know where you want to go, you would be reaching no where in life.

10. You can evaluate your performance against time limits of goals, and can take corrective steps.

Monday, January 19, 2009

SUGGESTIONS TO GOVT ON RTI

Date: 01-01-2009

Shri K. N. Erendra Kumar,
Dy. Director,
Rajya Sabha Secretariat,
Room No. 222 Parliament House Annexe,
New Delhi 110001
rs-cpers@sansad.nic.in

Respected Sir,

Memorandum on The Right to Information Act 2005

I refer to your advertisement inviting suggestions on above act. I humbly convey my suggestions for kind consideration of the Committee:

1. Locating PIO & FAA is difficult and time consuming. For State govts. I suggest that PIO of District Collector’s office should be designated as APIO for all public authorities [P.A.] of the concerned State. He should redirect the application to the correct PIO after referring the information sought. He should also accept first appeals pertaining to the State public authorities. [State Bank of India has designated all its branch heads as ACPIO and he accepts RTI applications, fee and also appeals. Thus the information seeker need not waste his time and money in locating PIO or FAA. ]
2. All States should have common formats for application, first appeal and second appeal/complaint.
3. Payment of fee and charges is next big problem. Govt. should come out with RTI stamps of Re 1/-, Rs.5/- and Rs.10/- and all states and central govt P.A. should accept the same. Alternatively IPO should be made one of the modes of payment by all State govts and IPO should be in the name of “Public Information Officer”. At present name of payee of IPO, DD etc are resulting in lot of delay, cost and inconvenience.
4. I have found that when the applicant of one state applies to PIO of another state, the reply is at times given in the language of the state of the PIO. The applicant may not be knowing language of that state. Hence it should be made compulsory to reply in English or Hindi when ever applicant belongs to different state, if he so requests.
5. Penalty provision should be provided for First Appellate Authority [FAA] also. At present in most of the cases, he shields and concurs with the PIO without application of mind.
6. It should be made mandatory for all central govt public authorities to designate all post offices as ACPIO. At present only few of central govt ministries/undertakings have this facility.
7. Baring few of the banks etc, majority of public authorities have not provided for email IDs of PIO or FAA. It should be made mandatory to have separate email ID for PIO & FAA for each of public authority upto District level at least.
8. Abolishing of filing fee is also suggested, which will reduce lot of work-load for accounting of fees in PA and will reduce inconvenience to applicants. This will facilitate filing of applications by email.
9. State Information Commissions and CIC should have search facility for their decisions as we have for Supreme Court on their websites.


10 Bihar type model be adopted for all States and Central Govts.
11. Tracking system of second appeal/complaints at CIC/SICs should be introduced for the appellants/complainants.
12. It is suggested that if a person is threatened or victimised or coerced for using RTI, it should be treated as cognizable offence against culprit.
13. A time limit of 90 days should be fixed for finally deciding second appeal or complaint by CIC/SIC. Delay beyond 90 days should entitle appellant/complainant Rs.5/- per day of delay. [Banks are required to mandatorily pay interest for delay in collection of cheques/bills beyond certain days. ]
14. At present, assistant is not permitted during physical verification of records under RTI. This adversely affects semi or illiterates or the persons not knowing language of the record. Hence it should be made compulsory for the PIO to permit one or two assistants during verification if requested by the applicant.
15. CIC/SICs should be advised to publish interalia on their website Operating Expenses [non-capital expenditure] incurred per decision in a year as well as average number of days in which copy of decision is dispatched from date of receipt of appeal or complaint. This will indicate efficiency and cost of operation of CIC/SICs. At present these data are not worked out by CIC and majority of SICs.
16. Replies by scanning requested documents should also be introduced if requested by the applicant.
17. Photocopies of the record should be compulsorily provided by stating that it is provided under RTI Act and that it is the true copy of the relevant record, under the signature and seal of the custodian of record or the PIO. Uncertified copies being supplied, may not be valid in courts or other govt. offices.
18. RTI Act should be amended to mandate that the public authority should seek prior approval of head of the public authority and then 3 member bench of Central Information Commission, Delhi before invoking writ jurisdiction of High or Supreme Court against rulings of CIC or SICs. Thus unnecessary litigation can be avoided and there would be finality to the case without wastage of time and public money.
19. CIC should follow work distribution pattern as that of High or Supreme Courts. Present system encourages monopoly of ICs.
20. It is necessary to hold PIO and FAA responsible for their decisions or delay or no decisions and penalized compulsorily in terms of this Act. At present these officers do not care for SICs/CIC and take information seekers for a ride. SICs/CIC are very lenient in imposing penalties. This has resulted in huge back log at CIC/SICs.
21. More and more non-bureaucrats should be inducted as Information Commissioners at CIC and SICs and their performance should be reviewed and published on yearly basis by committee of ICs of CIC and SICs to be nominated by PMO.

Saturday, January 17, 2009

USE OF RTI IN CONSUMER PROTECTION

The Right to Information Act 2005 [RTI] enables a citizen to access information from government depts, offices and organisations. It also allows access to information of private entity through government authority.

To effectively present his case, the aggrieved consumer needs to have information and documents. For example if there are unauthorised or fraudulent debits to your account with a bank, you first should have details of such debits. If insurance claim is rejected, you must know not only reasons but also the process followed to arrive at decision of rejection. In case if your application to a government dept is not being attended, you should know why it is pending and what action has so far been taken. If a road is repaired by municipal corporation and the same gets washed away in first rains, you should be in a position to find out reasons thereof by getting details of contract and material actually used etc. If you get exorbitant electricity bills, you need to get all the details and causes for such bills from records of service provider. Without having necessary and authentic information and papers with you, it would not be possible to effectively exert your right as a consumer.

RTI lays down a cost effective, time bound and simple procedure for extracting information, papers and samples from government authorities. It has confered a right to this effect in Indian citizen and it flows from fundamental rights guaranteed under article 19 of the Constitution of India.

RTI has been successful in reducing corruption to some extent. Any wrong doing by public servants can be exposed with simple application under RTI. Thus the public and consumers of govt services and goods are benefitted. RTI has also alerted government servants to attend citizens' work in prescribed time limit, lest questions will be asked under RTI. RTI has also made government machinery to efficiently discharge their duties, lest citizens will seek and divulge information pertaining to their dereliction of duties. A sense of accountability has been infused in government working through RTI, which has positive effect on users of government services.

Aggrieved consumers should resort to RTI for redressal of their consumer problems. In fact, RTI should precede action under Consumer Protection.

For information about RTI citizens can access www.rti.gov.in, www.cic.gov.in, www.rtiindia.org, www.prajanet.org or my blog at www.jps50.blogspot.com.

HOW TO ADDRESS PROBLEMS WITH BANKS?

HOW TO ADDRESS PROBLEMS WITH BANKS?


If you are having problem with any bank, initiate following steps:

1. Lodge a complaint on phone/mobile with the customer care helpline of the bank and note down complaint number, date, time and name of the person who attended your call. Details of contact numbers of customer care can be had from website of the bank.

2. If nothing transpires to your satisfaction, send a detailed written complaint, with copies of papers held by you to the branch of the bank and obtain acknowledgement or send by registered/speed post ad. Simultaneously if possible, send an email by visiting bank’s website. Now most of the banks are having branch wise contact details and email IDs.

3. If no action is initiated or you are not satisfied with the reply, address the complaint to Nodal Officer at Head Office of the bank. Give details of your complaint to customer care and bank branch and their reply or no reply. Contact details are available on bank’s website under customer service/care icon. Send it by registered/speed ad post and also email the same.

4. If you do not get proper reaction within a month from the bank, file a complaint with banking ombudsman of your state by visiting www.bankingombudsman-rbi.org.in. Procedure is simple, cost effective and prompt.

5. You have one year time from date of cause of action to approach banking ombudsman. If you are not satisfied with the decision of banking ombudsman, you can file appeal to Dy. Governor of RBI at its H.O. in Mumbai.

6. If you are still not satisfied, you can resort to Consumer Protection Act. You have maximum two years time from date of cause of action.

7. If you are not having necessary papers, in case of nationalized banks you can simultaneously resort to The Right to Information Act for getting the papers.

8. You need not hire any advocate for approaching nodal officer or banking ombudsman. You can communicate in English, Hindi or regional language. Even for Complaint under Consumer Protection Act there is no need of advocate, but it is advisable if amount involved is substantial.

9. If possible, you can take assistance of a serving or retired officer of the bank for properly drafting the complaint.

10. You can also refer the matter to NGOs working for consumer protection in your area and also www.core.nic.in [central govt helpline]. They also take up the matter with banks on your behalf. You can get details of NGOs by searching on yahoo/google etc.

11. When ever you personally discuss your problem with bank officer, note down his name and designation with date, place and time of discussion. Send an email giving gist of discussion. This is necessary, as the officer cannot retract later on unless he refutes your gist sent by email by return post.

All the best.

Thursday, January 15, 2009

Why people do not respect law of land

Why people do not respect law of land


In India we have hardly any respect for laws of the country. Why do common and uncommon Indians not respect and follow laws? There are reasons for such an attitude, which can be summarized as follows:

1. Poor quality of people who make the laws and rules. General public has now tested and realized the quality of politicians of this country.
2. Lack of knowledge of rules and laws made by governments and departments. There is no mandated system, to make public aware of laws and rules through mass media.
3. Public has realized that laws and rules can be twisted and purchased with money.
4. There is general perception that following laws and rules is indicative of timidity while breaking laws and rules is bravery.
5. Courts take decades [not years] to punish the guilty. Real culprits usually escape the clutches of laws.
6. It is more convenient and financially rewarding not to follow laws and rules, rather than follow them.
7. Quality of laws and rules are also as poor as the people who make them.
8. Public think that laws and rules are made not for welfare of people, but for the benefit of politicians and babus.
9. Laws and rules are made to enhance corruption. With every new law and rule, opportunities of corruption increases.
10.The babus themselves teach and coerce public to break laws and rules, for their small ‘consultancy fee’.
11. Majority of laws and rules have become outdated and practically impossible to follow in letter and spirit in this fast moving world.
12. Public is religious but is greedy for unethical benefits!
13. All are anxious to loot the country and fellow countryman, by what ever means available.
14. There are numerous instances, where honest and patriotic persons have been harassed till death. It is beneficial and safe to break the laws and earn also.
15. Law breakers are now commanding social respect.
16. Entire system is so coined that it helps the culprit and the law breakers.
17 There is no public participation in making of laws and rules. Mostly it is at the instance of politicians of ruling party.
18 Enforcement and voluntary compliance mechanism is hardly worth the name.
19. You cannot become rich by faithfully following all the laws and rules.
20. Public has realized that it is better to have connections and money to by-pass laws and rules, rather than follow them.
21. In our religious country and also one of the most corrupt countries in the world, every thing and every body is for sale. You should have money to buy it!

LAWLESSNESS IN INDIA

LAWLESSNESS IN INDIA

OF LATE LAWLESSNESS HAS ACQUIRED THREATENING PROPORTION IN THE COUNTRY AND LAW ABIDING CITIZENS ARE THE INNOCENT VICTIMS OF THIS SITUATION. IT HAS BECOME INCREASINGLY DIFFICULT FOR A COMMON INDIAN TO LIVE WITH DIGNITY AND SELF-RESPECT. THE NOTORIOUS ELEMENTS ARE NOW CAPTURING OR CONTAMINATING HONEST SOURCES OF EARNINGS IN THE SOCIETY, WHICH IN TURN FORCE OTHER HONEST PEOPLE TO RESORT TO ILLEGAL METHODS OF BUSINESS. GOVERNMENT OFFICES ARE ALSO RULED BY NOTORIOUS ELEMENTS. OUR YOUNG GENERATION IS GETTING CONVINCED THAT IT IS BETTER TO BE A GOONDA THAN TO BE A LAW-ABIDING CITIZEN IN INDIA AND FACE ALL TYPES OF HUMILIATION AND LIVE IN FEAR. THEY OBSERVE THAT LAWBREAKERS ARE ENJOYING ALL BENEFITS OF DECENT LIFE AND POWER, WHILE LAW ABIDING CITIZENS SUFFER FROM ALL SIDES.


THERE ARE LARGE NUMBER OF REASONS FOR SUCH A SITUATION TO PREVAIL E.G. VERY LOW RATE OF CONVICTION IN COURTS, POLITICAL INTERFERENCE, CORRUPTION, CRIMINALISATION OF POLITICS AND BUSINESS, UNEMPLOYMENT, LOSS OF CONFIDENCE IN JUDICIARY. THE MOST STRIKING REASON IS APATHY AND INDIFFERENCE OF LAW ABIDING CITIZENS OF THE COUNTRY TO UNITE AND EXERT THEIR GOOD NESS. IT IS FOR THIS REASON THAT 10% NOTORIOUS PERSONS HOLD AT RANSOM THE ENTIRE VILLAGE OR CITY AND THE COUNTRY AS A WHOLE. WHEN ONE LAW ABIDING PERSON IS BEING HARASSED BY A SMALL GANG OF STREET GOONDAS, THE LAW ABIDING CITIZENS DESPITE BEING IN LARGE NUMBER AND CAPABLE TO OVERPOWER THE GOODAS, ONLY ACT AS SILENT SPECTATOR THINKING THAT SUCH A SITUATION WILL NEVER HAPPEN TO THEM. THE GOONDAS ARE SO SURE OF TIMIDITY AND INDIFFERENCE OF LAW ABIDING CITIZENS ALL AROUND THAT THEY ARE HARDLY AFRAID OF TOUGH RESISTANCE TO THEM. UNFORTUNATELY DIFFERENT ANTI-SOCIAL PERSONS EASILY GET UNITED TO FORM GANGS.AND THEY THRIVE BECAUSE OF INACTION OF LAW ABIDING CITIZENS.

IT IS NOT FAIR ON OUR PART TO EXPECT POLICE TO PROTECT ALL THE CITIZENS ALL THE TIME. THEY HAVE THEIR OWN LIMITATIONS. SELF-HELP IS THE BEST SOLUTION. IF COMMON INDIAN WANTS TO LIVE WITH DIGNITY AND PEACE, IT IS THE CALL OF THE TIME TO UNITE TOGETHER ON NON-POLITICAL, NON-CASTE BASIS. LET US FORM A LAW-ABIDING UNION/ CASTE AND UNITE TO EXERT OUR GOODNESS AND RIGHT TO LIVE WITH DIGNITY AND PEACE. THE ONLY NEED IS TO THROW OFF WHY-I-SHOULD-BOTHER ATTITUDE AND ACTIVATE OUR GOODNESS. THE ANTISOCIAL ELEMENTS DOMINATE BECAUSE OF THEIR UNITY DESPITE BEING IN SMALL NUMBER; WHILE LAW ABIDING PEOPLE SUFFER THOUGH BEING IN LARGE NUMBER JUST BECAUSE THEY ARE NOT UNITED. THEY MUST NOW REALISE THAT UNITY HAS INVISIBLE FORCE WHICH CAN DESEAT GOVERNMENTS TOO.


WE SHOULD NOT EXPECT GOVERNMENTS TO UNDERTAKE THIS ACTIVITY KEEPING IN MIND THE QUALITY OF POLITICIANS WE ARE FORCED TO ELECT. THE MOVEMENT HAS TO START FROM THE GRASS-ROOT—FROM VILLAGES/STREETS OF TOWNS AND CITIES BY SELECTIVELY ENROLLING THE VOLUNTEERS WHO DESIRE TO CREATE AN ENVIRONMENT WHERE LAW AND JUSTICE SHALL ACTUALLY DOMINATE. GOOD INDIAN PEOPLE WILL HAVE TO HELP GOOD INDIANS. THE INDUSTRY WHICH WILL ALSO BENEFIT FROM RULE OF LAW AND PEACE, CAN CREATE PUBLIC AWARENESS THROUGH THEIR FOCUSSED ADVERTISEMENTS ON THIS ISSUE. RETIRED JUDGES, POLICE/MILITARY PERSONNEL, OTHER RETIRED PERSONS, STUDENTS, BUSINESS ASSOCIATIONS, UNIONS OF EMPLOYEES, PROFESSIONAL ASSOCIATIONS NGOS ETC CAN COOPERATE/START SUCH MOVEMENTS. LET THE ANTI-SOCIAL PERSONS KNOW THAT THEY WILL FACE TOUGH RESISTANCE IF THEY TAKE LAW ABIDING CITIZENS FOR A RIDE. OUR FUTURE GENERATIONS WILL BE THANKFUL TO US FOR HAVING CREATED A SOCIETY WHERE LAW AND JUSTICE ACTUALLY PREVAIL. ANOTHER MAJOR BENEFIT OF THIS MOVEMENT WOULD BE THAT GOOD PEOPLE WILL ENTER POLITICS. GOVERNMENT MACHINERY WILL BE COMPELLED TO FALL IN LINE WITH THE AWARENESS AND ACTIVISM OF LAW ABIDING PEOPLE.

INDIA HAS LARGE NUMBER OF LAWS WHICH ARE OUTDATED AND IMPRACTICAL TO IMPLEMENT. THE COMMON CITIZEN HAS NEITHER THE ACCESS NOR CAPACITY TO UNDERSTAND VARIOUS LAWS AND RULES. EVEN IF HE IS A LAW ABIDING CITIZEN, BECAUSE OF LACK OF KNOWLEDGE AND CAPACITY TO UNDERSTAND AND FOLLOW VARIOUS LAWS AND RULES, THE COMMON MAN GETS CAUGHT IN BREACH OF ONE OR THE OTHER LAW OR RULE.

VARIOUS GOVT DEPARTMENTS ARE HAVING EXPERTISE IN THEIR RESPECTIVE LAWS/RULES AND HENCE THEY CAN DICTATE THEIR OWN INTERPRETATIONS AND TERMS TO THE CITIZEN. THE COMMON MAN CANNOT AFFORD TO AVAIL SERVICES OF EXPERTS IN EACH AND EVERY MATTER. IT IS HERE WHERE CORRUPTION BREEDS AND COMPELS THE LAW ABIDING CITIZEN TO BEND DOWN.

DAY IN AND DAY OUT CENTRAL AND STATE GOVTS AND THEIR LEGAL AUTHORITIES GO ON MAKING LAWS AND RULES AND SUB-RULES WHICH ARE NOT ADEQUATELY PUBLISHED FOR THE BENEFIT OF GENERAL PUBLIC. IT IS HIGH TIME NEWS PAPERS SHOULD TAKE A LEAD IN DAILY PUBLISHING AT LEAST ONE ARTICLE , COVERING MAIN POINTS OF LAWS/RULES .E. G. ELECTRICITY, BANKING, INSURANCE, INCOME TAX, VEHICLES, TRAFFIC,WEIGHT & MEASUREMENT, MOBILES AND OTHER PHONES, COURIER, RAILWAYS, POLICE, MUNICIPAL CORPORATIONS, ROAD, AIR TRAVELLING, RIGHTS OF CITIZEN, CONSUMERS RIGHT ETC.

THE GOVTS SHOULD ALSO PUBLISH IN NEWS PAPERS IN LOCAL LANGUAGES GIST OF LAWS AND RULES MADE BY THE PARLIAMENT AND STATE ASSEMBALIES OR LEGAL AUTHORITIES. THIS WILL ENABLE THE CITIZEN TO PROPERLY FOLLOW THE LAWS/RULES OR TO REACT TO THEM FOR AMENDMENTS, BEFORE THEY ARE CAUGHT UNAWARE OF LAWS AND RULES. THE AMENDMENTS SHOULD ALSO GET DUE PUBLICITY BY GOVT OR THE NEWS PAPERS.

LARGE NUMBER OF LAWS AND RULES ARE TOTALLY OUTDATED AND IMPOSSIBLE TO FOLLOW. IF DETAILS OF SUCH RULES, LAWS AND COURT JUDGEMENTS ARE PUBLISHED AS A CONTINUOUS SERIES ON DAILY BASIS BY NEWS PAPERS INCLUDING REPERCUSSIONS OF ITS BREACH, THE PUBLIC WILL SLOWLY BECOME AWARE OF SERIOUSNESS OF EXISTENCE OF SUCH LAWS/RULES/JUDGEMENTS. THIS WILL GENERATE PUBLIC OPINION AND ULTIMATELLY PRESSURE ON THE GOVT TO AMEND/SIMPLIFY OR SCRAP SUCH LAWS/RULES.

THE MAXIM THAT IGNORANCE OF LAW IS NO EXCUSE MAY THEORETICALLY BE CORRECT, BUT IN A DEMOCRACY THE PUBLIC SHOULD AT LEAST BE MADE AWARE OF WHAT THEY ARE TO DO OR NOT DO BECAUSE OF MAKING OF LAWS OR RULES OR AMENDMENTS THERETO INCLUDING JUDGEMENTS OF VARIOUS HIGH COURTS AND SUPREME COURTS. A WELFARE STATE SHOULD NOT KEEP PUBLIC UNAWARE AND IN DARK ABOUT LAWS/RULES/JUDGEMENTS WHICH THE COMMON MAN IS BOUND TO COMPLY. GOVT AND OTHER NGOs MUST REACH OUT TO THE COMMON MEN TO ARM HIM WITH BASIC LAWS/RULES OF HIS DAILY USE, SO THAT HE CAN WILLINGLY COMPLY AND CAN TAKE CARE NOT TO BE CAUGHT UNAWARE OF HIS LEGAL OBLIGATIONS.

STATE BAR ASSOCIATIONS AND LAW COLLEGES CAN ALSO PARTICIPATE BY MAKING INPUT OF LEGAL KNOWLEDGE AVAILABLE FOR USE BY A COMMON MAN IN HIS DAY TO DAY ACTIVITY. PRO-CITIZEN CORPORATE HOUSES CAN ALSO RELEASE SUCH INFORMATION AS PART OF THEIR ADVERTISEMENT COMPAIGNS IN NEWS-PAPERS.

PUBLICITY OF LAWS AND RULES MADE BY GOVTS.

AT PRESENT NEITHER CENTRAL NOR STATE GOVERNMENTS PUBLISH IN PRINT MEDIA MAIN POINTS OF VARIOUS LAWS ENACTED BY THEM. THUS A COMMON CITIZEN IS NOT AWARE OF THE VARIOUS LAWS AND RULES FRAMED BY THE GOVERNMENT AND INADVERTANTLY COMMITS DEFAULT. HE LANDS HIMSELF IN THE TRAP OF BREACH OF LAWS/RULES. HE IS THEN EXPLOITED BY THE GOVERNMENT MACHINERY OR IS PROSECUTED.


TO AVOID SUCH A SITUATION, THE GOVERNMENTS SHOULD PUBLISH GIST AND MAIN POINTS OF THE LAWS/RULES IMMEDIATELY AFTER ITS ENACTMENT , IN REGIONAL LANGUAGE NEW-PAPERS. THIS WILL ENLIGHTEN THE CITIZEN FOR COMPLIANCE.

THIS SUGGESTION IF IMPLEMENTED, WILL ENSURE BETTER COMPLIANCE BY CITIZEN OF VARIOUS LAWS/RULES AND AT THE SAME TIME EMPOWER THE CITIZEN WITH THE EXACT NATURE AND CONTENTS OF THE LAWS/RULES. THIS WILL SAVE HIM FROM HARASSMENT BY THE LAW ENFORCING DEPTS.

IN A DEMOCRACY THE CITIZEN CAN ATLEAST EXPECT TRANSPARENCY IN COMMUNICATING LAWS/RULES BEING MADE FOR COMPLIANCE BY THE CITIZEN.

KERALA STATE RIGHT TO INFORMATION RULES

KERALA STATE RIGHT TO INFORMATION RULES

1. APPLICATION:

The rules provide for a format for application under RTI Act, which is annexed herewith.

2. FEES & CHARGES:

A. Application fee: Rs.10/- to be paid by affixing court fee stamp on the application or by bank’s demand draft or pay order/banker’s cheque in favour of ‘State Public Information Officer’ [or favouring ‘State Assistant Public Information Officer’, if application is submitted to SAPIO] or in cash against receipt. Paying in treasury is also a mode, but it is cumbersome. Affixing court fee is the easiest and cheapest mode. Applicants holding BPL certificate need not pay any application fee. Demand draft/pay order/banker’s cheque should be of public sector or scheduled bank, made payable at the place where application is being submitted to SPIO/ASPIO.

B. Other charges: Information in A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. CD Rs.50/- per CD. Inspection: Rs.10/- each half-hour with first one hour free. These charges are to be paid in cash against receipt or by bank’s demand draft or pay order/banker’s cheque of a public sector or scheduled bank, in favour of ‘State Public Information Officer’ made payable at the place of SPIO.

3. APPEALS:

Rules provide for formats for first and second appeal/complaint. No fees are charged for appeals. Formats for appeals are annexed hereunder.

4. Contact details of Kerala State Information Commission:

TC 26/298 Punnen Road, Thiruvananthapuram [Kerala] 695039
Email: sic@kerala.nic.in Web: www.keralasic.gov.in

5. Useful website : www.rti.kerala.gov.in



6. Persons active in Kerala for RTI

Col NR Kurup (Retd) Tellicherry, Kannur District Kerala,
0490- 2320590 email id: colnrkurup@gmail.com


7. Format for RTI Application:

APPLICATION TO BE SUBMITTED FOR INFORMATION UNDER
RIGHT TO INFORMATION ACT, 2005

From
.....................................................................
......................................................................
......................................................................

To
The State Public Information Officer
______________________________
______________________________

(1) Full name of the applicant:

(2) Address:

(3) Particulars of information required
(Specify the category of subject also):

(4) Year to which the information pertains:

(5) Other relevant reference, if any:

Place:

Date: Applicant’s Signature

Note: Application fee of Rs.10/- is paid per court fee stamp affixed

on the top of this application.

OR by enclosing demand draft/pay order No. _______dated_______ of _____________bank
___________________________________________________

8. First appeal format:

APPEAL TO BE SUBMITTED TO APPELLATE AUTHORITY
From
.....................................................................
.....................................................................

To
Appellate Authority ,
.....................................................................
(Office Address)

1. Date of submission of Application to State Assistant Public information Officer/State Public Information Officer:

2. Particulars of Information sought (specify the nature, category and the year to which the information relates):

3. Name of Office/Department concerned with the information:

4. Particulars of the disposal of application by the State Public Information Officer:

9. Brief facts leading to appeal:

10. Other relevant information if any, that may deem necessary for deciding the appeal:

Place:

Date: Signature of the Appellant

____________________________________________________
9. Second appeal/complaint format:



APPEAL/COMPLAINT TO BE SUBMITTED TO
KERALA STATE INFORMATION COMMISSION

From:
.....................................................................
.....................................................................

To
The State Chief Information Commissioner,
Kerala State Information Commission
TC 26/298 Punnen Road,
Thiruvananthapuram [Kerala] 695039

1. Date of submission of Application to State Assistant Public Information Officer/State Public Information Officer:

2. Date of submission of appeal to Appellate Authority(first appeal):

3. Particulars of Information sought (specify the nature, category and the year to which the information relates):

4. Name of Office/Department concerned with the information:

5. Particulars of the disposal of application by the State Public Information Officer:

6. Particulars of the disposal of first appeal by the Appellate Authority against which the appeal is preferred (Attach the copy of the
communication also) :

7. Date of receipt of the decision / order of the Appellate Authority (If decision/order passed):

8. Last date for filing the appeal:

9. Brief facts leading to appeal:

10. Other relevant information if any, that may deem necessary for deciding the appeal:

Place:

Date: Signature of the Appellant


____________________________________________________

RAJASTHAN RIGHT TO INFORMATION RULES

RAJASTHAN RIGHT TO INFORMATION RULES

1. APPLICATION:

The rules provide for a format for application under RTI Act which is attached herewith.

2. FEES:

A. Application fee: Rs.10/- to be paid by bank’s demand draft or pay order or IPO in favour of public authority or in cash against receipt. Applicants holding BPL certificate need not pay any application fee.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. Floppy or CD Rs.50/- per floppy/CD. Inspection: Rs.5/- each 15 minutes or part thereof with first hour free.

3. APPEALS:

Rules provide for format for first/second appeals. No fees are charged for appeals. Formats for appeals are annexed hereunder. Format for second appeal can be used for complaint also with minor changes.

4. Address of Rajasthan Information Commission:
Jawaharlal Nehru Marg, Jaipur 302017 [Raj]

5. Contact details of Information Commission:
Phone/fax: 0141-2700645
Website of the Commission:
http://lites.rajasthan.gov.in/rti-info/index.asp
http://ric.rajasthan.gov.in/index.asp

6. Present Chief Information Commissioner:

Shri M. D. Kaurani



7. a. Public Information Officer of Commission:

Administrative Officer, Rajasthan Information Commission.


b. First Appellate Authority of Commission:

Secretary, Rajasthan Information Commission.



Rajasthan Format for RTI Application:

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION
[U/S 6 ( 1 ) OF RTI ACT 2005]

Date: By Speed. AD post

To,
STATE PUBLIC INFORMATION OFFICER
______________________________

______________________________


1. Full name of Applicant:

2. Address:

3. Particulars of information required:

A] Dept from which information required:

B] Nature of information:

C] Period:

D] Particulars of information requested:

4. Details of payment of filing fee:

5. Please rush the required information to me by speed/registered post. I am an Indian citizen.

Place: Signature of Applicant
Encls: as above.


Rajasthan Format for First Appeal:

The Right to Information Act, 2005
First Appeal
[u/s 19 of the Act]

Date:

To,
First Appellate Authority
________________________________

___________________________________

1. Name & Address of the appellant:


2. State Public Information Officer:


3. No and date of decision of Public Information Officer:


4. Brief facts of the case:


5. Ground for appeal:


6. Prayer/relief’s sought for:

7. Declaration:

I, __________hereby state that the information and particulars given in items No. 1 to 6 above are true and correct to the best of my knowledge and belief, and nothing is concealed. I also declare that appeal on this matter is not previously filed.


Place: Signature of Appellant

List of Enclosures:

1. Copy of RTI Application 2. Self attested copy of reply if any received from SPIO 3. Any other papers relied upon in appeal.


_______________________________________________________

Rajasthan Format for Second Appeal:

Chronology :

1. Mailed RTI application on__________

2. Date received by SPIO___________

3. Date of reply by SPIO____________

4. Date of receipt of reply by applicant________

5. Date of filing first appeal___________

6. Date of reply of FAA_____________

7. Date of receipt of reply of FAA by appellant____________






The Right to Information Act, 2005
Second Appeal
[u/s 19 of the Act]

Date: Speed ad post


To,
The Registrar,
Rajasthan Information Commission,
Jawaharlal Nehru Marg,
Jaipur 302017 [Raj]


1. Name & Address of the appellant:


2. State Public Information Officer:


3. No and date of decision of Public Information Officer:


4. Brief facts of the case:


5. Ground for appeal:


6. Prayer/relief’s sought for:

7. Details of first appeal [applicable for second appeal to SIC]:

a. Designation and address of first appellate authority:

b. No. and Date of decision of first appellate authority [if any]:

8. Declaration:

I, __________hereby state that the information and particulars given in items No. 1 to 6 above are true and correct to the best of my knowledge and belief, and nothing is concealed. I also declare that appeal on this matter is not previously filed with this Commission.


Place: Signature of Appellant

List of Enclosures:

1. Copy of RTI Application 2. Self attested copy of reply if any received from SPIO 3. Self attested copies of any other papers relied upon in appeal.4. Copy of first appeal and 5.Self attested copy of reply if any of first appellate authority.

To be submitted in Duplicate.

UP RIGHT TO INFORMATION RULES 2005

UP RIGHT TO INFORMATION RULES 2005

1. APPLICATION:

No format is prescribed for application under the rules. Applicants may use format annexed hereto by typing or legibly writing on plain paper in English or Hindi.

2. FEES:

A. Application fee: Rs.10/- to be paid by bank’s demand draft or pay order [banker’s cheque] or Indian postal order or in cash against receipt. Applicants holding BPL certificate need not pay any application fee.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. CD: Rs.50/- per CD. Inspection: Rs.10/- for first hour and Rs.5/- for every 15 minutes or part thereof thereafter.

3. APPEALS:

Rules do not provide for format for first appeal or second appeal/complaint. No fees are charged for appeals. You may refer my other files on first and second appeal/complaint posted on this site on 05-05-2008 for formats and guidelines. Minor changes are to be made. Please note second appeal/complaint is to be addressed to UP State Information Commissioner at following address and not to CIC, Delhi

4. Address of UP State Information Commission:

The State Chief Information Commissioner,
615A Indira Bhavan, Ashok Marg,
LUCKNOW [UP]

5. Contact details: Phone: 0522-2288599,
email: sec-sic@up.nic.in
Website: www.upsic.up.nic.in



6. Present Chief Information Commissioner:

Justice M. A. Khan

7. Public Information Officer of Commission:

Shri Mata Prasad

First Appellate Authority of Commission

Shri J. B. Sinha


8. RTI activist in UP for RTI:

Shri Manish Sisodia,
350/4C,Vartalok, Vasundhra, Ghaziabad - 201310
Uttar Pradesh.

Cell: 09868875898, email: msisodia@gmail.com

UP State Format for RTI Application:

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date: REGD AD

To,
THE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of Applicant:

2. Full Address with phone No.:

3. Particulars of information required:

4. Details of payment of fee:

a] I have paid the fees of Rs.10/-(Rs.ten only) on ________vide receipt No. __________in the dept/office of _______________. [Copy enclosed]

OR

[b] I enclose herewith bank demand draft/pay order/postal order No.____________ dated _________drawn in favour of ___________, issued by_____________

OR

[c] I belong to BPL family; photocopy of my card/certificate is enclosed herewith.

5. Details of self attested other enclosures [if any]:


6. I am an Indian citizen. Kindly rush the above information to me.

Signature of Applicant

________________________________________________

Short guidelines for applying :

1. Decide the exact information you desire to have with period etc. This is important part of application.

2. Locate the exact PIO/APIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by visiting/contacting on phone local office of PA.

3. If you cannot get it as above, address application to PIO of Head Office/ministry to whom the information may pertain. He will mail to correct PIO within five days of receipt of your application.

4. Obtain bank draft/pay order/IPO in favour of Accounts Officer of the PA or as directed in web-site. IPO should be preferred as it is cheap and available at nearby post office. If you are under BPL, you need not pay Rs.10/-. Just enclose self-attested photocopy of BPL card/certificate.

5. Attach self-attested photocopies of papers, which you think would help locate the information by PIO.

6. Retain photocopy of entire set including bank draft/pay order/IPO etc.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing, AD and official acknowledgement if received.

9. If you do not receive reply within 35-40 days, including postal delay, prepare to file first appeal to the FIRST APPELLATE AUTHORITY. You have 30 days time from the date when information should have reached you, for first appeal.

11. If you receive reply and are not satisfied with it, then within 30 days of receipt of reply by you, you should file first appeal.

12. It is advisable to consult local RTI NGO/activists for first and second appeal for better results. Consultation is normally free as a social service.

TAMILNADU RIGHT TO INFORMATION RULES

1. APPLICATION:

State rules do not provide for any format for application for seeking information under RTI Act 2005. Applicants can therefore use format annexed herewith.

2. FEES:

A] Application Fee:

• Fee of Rs.10/- which can be paid by affixing non-judicial court fee stamp on the application and cross signing by the applicant. This stamp is available with stamp vendors in/near courts. There are other modes of payment of Rs.10/-, which are costly and inconvenient. They are:
• By Demand Draft or Bankers’ Cheque in the name of Accounts Officer, name of dept/office to which application is submitted payable at the place where application is filed.
• By depositing in SBI / RBI through any Government treasury, sub-Treasury / Pay and Accounts Office under the following head of Account: 0075. Miscellaneous General Services – 800. Other Receipts – BK. Collection of fees under Tamil Nadu Right to Information (Fees Rules) 2005.(DPC: 0075 00 800 BK 0006)
• By direct payment in cash in offices with facilities to receive Cash against proper receipt.

B] Other charges:

• Fee payable is Rs.2/- per page created / copied for A4 / A3 sizes; actual charges for larger paper;
• Actual cost / price for samples / models;
• For inspection of records Rs.5/- per hour or part thereof.
First hour is free.
• Rs.50/- per floppy / diskette where information is available in that form;
• Actual cost of books and other printed matter.

Charges can be paid in the mode stated under A supra

3. APPEALS:

a. Rules provide no format for first/second appeal or complaint.
b. No fees are charged for appeals.
c. Guidelines and suggested formats for appeals/complaint are available in my other blogs which can be used with minor changes.
Second appeal/complaint should be addressed to the State Information Commission at following address and not to Central Information Commission, New Delhi.

ADDRESS OF STATE INFORMATION COMMISSION:

Tamil Nadu State Information Commission
Kamadhenu Co-operative Supermarket Building,
1st Floor, Teynampet, (Near Vanavil)
Old No.273, New No.378, Anna Salai, Chennai - 600 018
(Post Box No. 6405, Teynampet, Chennai - 600 018)

5. CONTACT DETAILS:

Phone : 044 - 24357580
Email : sic@tn.nic.in
Website: www.tnsic.gov.in

6. Present Chief Information Commissioner:

Thiru S. Ramakrishnan, IAS (Retd.)

7. Proactive disclosures and names of SPIO and FAA of the Commission are not available on its website.

8. Helpline for TN: AID INDIA, Chennai 097898 19014.

9. Format for RTI Application:

THE RIGHT TO INFORMATION ACT 2005
APPLICATION FOR OBTAINING INFORMATION

Date________ By regd./speed post AD

To,
STATE PUBLIC INFORMATION OFFICER
Dept/Office________________________

Place______________________________

1. Name of the Applicant:

2. Full Address with phone No.:

3. Particulars of information required, which kindly provide:

4. Details of payment of application fee:

Non-judicial court fee stamp of Rs.10/- is affixed on the top hereinabove. OR Demand draft/banker’s cheque No. _______dtd. ______for Rs.10/- is enclosed. OR Cash of Rs.10/- has been paid against enclosed original receipt No.________dtd__________of your dept.

5. Details of enclosures [if any]: Photocopies of _______


Encls: Signature of Applicant
_____________________________________________________

10. Short guidelines for filing RTI application:

1. Decide the exact information you desire to have with period etc. This is important part of application. Make sure that information pertains to Tamilnadu Govt/organization.

2. Locate the exact SPIO/ASPIO and his address of concerned Govt. office by visiting website of relevant ministry/dept/undertaking etc [called Public Authority i.e. PA] or by contacting on phone local office of PA. Visit official website of TN Govt- tn.gov.in

3. If you cannot get it as above, address application to SPIO of Head Office/ Secretariate of relevant ministry/P.A. to whom the information may pertain. He will mail to correct SPIO within five days of receipt of your application. For information of a district, send to SPIO of Collectorate/head of the district.

4. Obtain bank draft/banker’s cheque in favour of Accounts Officer of the PA or as directed in web-site. Non-judicial court fee stamp should be preferred, it being cost effective and convenient.

5. Attach self-attested photocopies of papers, which you think would help locate the information by SPIO.

6. Retain photocopy of entire set including bank draft/banker’s cheque etc.

7. Mail by speed/regd. AD post. Avoid courier/hand delivery. Usually RTI applicants are not welcome at govt. offices.

8. Carefully retain postal proof of mailing and AD

9. Proceed to file first appeal if no reply is received within 35-40 days from mailing application. If reply is received, but is not proper then you have to file first appeal within 30 days of receipt of reply.

**************************************************All the best************

KARNATAKA RIGHT TO INFORMATION RULES 2005

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is attached herewith.

2. FEES:

A. Application fee: Rs.10/- to be paid by bank’s demand draft or pay order or Indian Postal Order in favour of State Public Information Officer or in cash against receipt. Applicants holding BPL certificate need not pay any application fee.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. Floppy or CD Rs.50/- per floppy/CD. Inspection: Rs.20/- each half-hour with first hour free plus charges determined by SPIO.

SPECIAL NOTE: Please confine to one subject matter per application and queries should not exceed 150 words.

3. APPEALS:

No format for first appeal is stipulated. Appellants can use format prescribed for second appeal by deleting item No. 5.

RTI rules have provided for format for second appeal and complaint. No fees are charged for appeals/complaint.

4. Address of State Information Commission:

Karnataka Information Commission,
3rd Floor, 3rd Stage, Multistoried Buildings
Dr.Ambedkar Road, Bangalore - 560001.
Website: www.kic.gov.in

5. Contact details of Commission:
Phone: 080-22371191
email: sic-kic@karnataka.gov.in


6. Present Chief Information Commissioner:
Shri K. K. Mishra
Phone :080-22371191 FAX:080-22371192 email: scic@karnataka.gov.in

7. NGO active in Karnataka for RTI

1. MAHITHI HAKKU ADHYAYANA KENDRA
OFFICE: NO.54, 17TH CROSS, M C LAYOUT, VIJAYANAGAR NEXT TO CANARA BANK, BANGALORE 560 040 Cell 9448704693 veeresh_bellur@yahoo.com

2. JSD PANI, President, Mahiti Hakku Jagruiti Vedike - A group of RTI Activists, # 168, Chelakere, Kalyananagar, Bangalore 560043, Ph; 080-41616183, Cell: 9845309028 mahitihakku@gmail.com

8. Format for RTI Application:

APPLICATION UNDER THE RIGHT TO INFORMATION ACT 2005

FORM-A (section 6(1) and 7(1) of the RTI Act, 2005)

1. Full Name of the Applicant:

2. Address:

3. Details of the document/ Inspection/ Samples required:

4. Year to which the above pertains:

5. Designation and Address of the SPIO from whom information is required:


Date: Place: Signature of Applicant

Encl: DD/PO/IPO No. _____________ for Rs.10/- fvg State Public Information Officer.
______________________________________________________



9. Format for Second Appeal to KIC:

SECOND APPEAL UNDER SECTION 19(3) OF THE R.T.I. ACT, 2005 AND UNDER RULE 7 OF THE KARNATAKA RIGHT TO INFORMATION (AMENDMENT) RULES 2006.
(Appeal and documents to be submitted in triplicate)

1 Name and Address of the Appellant: (in capital letters)

2 Name Designation and Address of the Respondent. (SPIO against the decision of whom the appeal is preferred)

3 Particulars of the order including number, if any, against which the
appeal is preferred (self attested copies of the orders or documents in
three sets)

4 Brief facts leading to appeal

5 If the appeal is preferred against deemed rejection, the particulars of the first appeal including number and date and name and address of the First Appellate Authority to whom the first appeal was made

6 Prayer or relief sought

7 Grounds for the prayer or relief

8 Verification by the appellant

9 An index of the documents referred to in the appeal in triplicate.

10 Any other information which may be necessary for deciding the appeal

Place: Date: Signature of Appellant






10. Format for Complaint to KIC:

COMPLAINT UNDER SECTION 18(1) OF THE R.T.I. ACT, 2005 AND UNDER RULE 7 OF THE KARNATAKA RTI [AME] RULES 2006(Complaint and documents to be submitted in triplicate)

1. Name and Address of the Complainant (in capital letters)

2. Name and Address of the SPIO against the decision of whom the complaint is preferred

3. Brief facts leading to complaint under the section 18(1) (a)/ (b)/ (c)/(d)/ (e)/and (f) the complaint is preferred.

4. The particulars of the application, including number and date and name and address of the SPIO to whom the application for made and against whom the complaint is preferred (3copies)

5. Prayer or relief sought

6. Grounds for the prayer or relief (copies of documents relied upon by the complainant and referred to in the complaint, self attested three copies)

7. Verification by the complainant (3 copies)

8. An index of the documents referred to in the complaint in triplicate.

9. Any other information which may be necessary for deciding the complaint

Place: Date: Signature of Complainant

MAHARASHTRA RIGHT TO INFORMATION RULES 2005

1. APPLICATION:

The rules provide for a format for application under RTI Act called Annexture A which is appended at column No.9 below.

2. FEES:

A. Application fee: Rs.10/- to be paid by bank’s demand draft or banker’s cheque in favour of public authority from whom information is sought or in cash at the concerned office against receipt or by affixing court fee stamp. Applicants holding BPL certificate need not pay any application fee. Court fee stamps are available with stamp vendors or advocates. Court fee stamp is the best way of paying application fee, unless you are filing from other state.

B. Other charges: Information in A-3 or A-4 size paper….Rs.2/- per page, Large size: actual cost, publications: actual cost. CD Rs.50/- per CD. Postal charges are extra, unless collected in person. If govt has fixed charges for documents/maps etc, then such charges are payable.
Actual Inspection: Rs.5/- each 15 minutes or part thereof with first hour free.

Other charges are payable by bank’s demand draft or banker’s cheque or money order in favour of public authority from whom information is sought or in cash at the concerned office against receipt.

3. APPEALS:

Rules provide for format for first appeal [Annexture-B]. For second appeal/complaint annexture-C is prescribed. Appellant has to affix court fee stamp of Rs.20/- for first and second appeal or complaint. Formats for appeals/complaints are available in English at www.sic.maharashtra.gov.in under ‘mahiticha adhikar adhiniyam-rajya niyam/adhiniyam’ [rti rules of state] or at http://www.maharashtra.gov.in/english/webRing/pdf/GOMGAZZPart4.pdf

4. Address of Maharashtra State Information Commission:

State Chief Information Commissioner,
13th floor, New Administrative Bldg,
Madam Cama Road, Mumbai 400021

The commission has divisional offices at following places and various districts are allotted to each divisional office. Remaining districts are handled by Commission’s Mumbai office.

A] Ravi Bhavan, Nagpur:[ 0712-2565221] covering districts of Nagpur, Wardha, Chandrapur, Gadchiroli, Amravati, Akola, Buldhana, Washim, Yavatmal, Bhandara and Gondia

B] Subhedar Athithi Graha, Aurangabad: [0240-2334095] covering districts of Aurangabad, Jalna, Parbhani, Latur, Hingoli, Osmanabad, Beed, Nashik, Nandurbar, Ahmednagar, Jalgaon, Dhule & Nanded

C] 4th floor, New administrative building, opp council hall, Pune-1: [020-26111239] covering districts of Pune, Kolhapur, Solapur, Sangli and Satara.

5. Contact details of the commission at Mumbai :

Phone: 022-22022859/22856078
email: sureshjoshi_cic@hotmail.com
Website www.sic.maharashtra.gov.in

6. Present Chief Information Commissioner:

Dr. Suresh Joshi

7. Public Information Officer & FAA of Commission:

Mr. A.M. Ludbe, Desk Officer and

Mr. S.D Sahastrabudhe

First Appellate Authority

Shri V.V. Poreddiwar, Secretary

8. Activists in Maharashtra:


Avinash Mokashi,
Pune. Cell: 09922099999.

Chheda Ashok Hirji
MUMBAI –0 9819481666

Dharod Mahendra Vasanji
MUMBAI– 09869429543

Maj Gen Sudhir Jattar
A 102 Neel Sadan
1426 Sadashiv Peth
Pune - 411030
Maharashtra
020-24475366


Pralhad Kachare
10, Sukhsamrudhi Apt. Dhongade Nagar
Near Dutta Mandir, Nashik Road
NASHIK - 422101
9422750464 Pkachare@yahoo.com
Adv. Abhay Sharad Patil
Jalgaon Mob: 9422596845

Avinash Murkute
D-23, Vaibhavnagar, Wanadongri,
B/h YCCE, Hingna Road, Nagpur - 441110
Mobile: 9822698070


9. FORMAT FOR RTI APPLN:

Annexure A Affix Court fee
(see rule 3) Stamp of Rs. 10/-


Application for obtaining information
under the Right To Information Act, 2005

To,
The State Public information Officer,
(Name of the Office with Address)



(1) Full name of Applicant:


(2) Full Address with phone No.:


(3) Particulars of the information required

(i) Subject matter of Information:

(ii) The period to which the information relates:

(iii) Description of the information required:


(iv)Whether the information is required by post or in person: (the actual postal charges shall be included in additional fees)

(v) In case by post (Ordinary, Registered or Speed):

(4) Whether the applicant is below poverty line
(if yes, attach the photocopy of the proof thereof.)



Place: Date: Signature of Applicant

_______________________________________________________

GUJARAT RIGHT TO INFORMATION RULES 2010

GUJARAT RIGHT TO INFORMATION RULES 2010
[as amended on 22-03-2010]

1. APPLICATION:

The rules provide for a format for application under RTI Act called Form-A, which is attached herewith.

2. FEES:

A]. Application fee: Rs.20/- to be paid by cash wherever facility for cash receipt is available or by demand draft or by bank’s pay order or in the form of Non-Judicial stamp or Non Judicial Stamp Paper or stamping through franking or Electronic stamping or Court fee stamp or Judicial stamp paper or Indian postal order [IPO] or revenue stamp Applicants holding BPL card/certificate need not pay application fee.
Payment by IPO, or affixing court fee stamp [available near courts], non-judicial stamp [franking at selected banks]or revenue stamp [from post office] are recommended.

B]. Other charges: Information in A-3 or A-4 size paper….Rs.2 per page, Large size: actual cost, publications: actual cost. CD: Rs.50/- per CD. Inspection: Rs.20/- each half-hour with first half hour free or as prescribed in rules of dept. These charges can be paid in cash wherever facility for cash receipt is available or by demand draft or by bank’s pay order or by Indian postal order. Holders of BPL card/certificate are exempted. [Payment by IPO is advisable.]

C] Payee: Demand draft or bank’s pay order or IPO should be crossed and made payable to “Govt. of Gujarat” in case of govt. dept/office. In case of others, name of payee shall be name of undertaking/institution e.g. Junagadh Agriculture University or Gujarat Industrial Development Corporation, Junagadh Municipal Corporation etc. DD or bank’s pay order or IPO should be made payable at the place where application is being submitted.





3. APPEALS:

Rules provide for format for first appeal [Format – E]. For second appeal/complaint no format is prescribed but provides that vital details of case be submitted to SIC. No fees are charged for appeals.
Formats for appeals/complaint are annexed.

Amended GR dated 22-03-2010 is posted at http://gswan.gov.in/Gujarat%20Right%20to%20Information%20Rules-2010.pdf

4. Address of Gujarat Information Commission:

The State Chief Information Commissioner,
1st floor, Bureau of Eco and Statistics Bldg,
Sector 18, Gandhinagar-382018 [Gujarat].

Contact details: Phone: 079-23252706,
email: gscic@gujarat.gov.in,
Website of the commission: www. gic.guj.nic.in

5. NGO active in Gujarat for RTI
Mahiti Adhikar Gujarat Pahel, Ahmedabad
Helpline Nos: 9924085000, 079-26821553

Gujarat State Format for RTI Application:

Right to Information Act, 2005

FORM A [See rule 3(1) ]
Application for obtaining information
__________________________________________________

Date: ___________ Place _______ By regd/speed post ad.

To,
Public Information Officer
(Name of Public Authority / Department / Office)

Address:
Sir,

I want to obtain following information from you under the Right to Information Act, 2005. The details are as under.

1. Applicant's Name:

2. Address of the applicant [with phone/mobile No. if any]:

3. Information required [with duration/period]:

4. I enclose herewith crossed Indian Postal Order for application fees. The details are as under:

Number: ________Date: ______Issuing post office: _____

Drawn in favour of: ______________ Amount: Rs.20/-

OR

Non-judicial stamp / court fee stamp / revenue stamp of Rs.20/-. is affixed on this application.

OR

I hereby declare that I belong to B.P.L. family as on date of application and I enclose herewith certified copy / true copy of B.P.L card or certified copy / true copy of certificate for B.P.L. Therefore I have not paid application fee.

5. I hereby declare that I am a Citizen of India. Self attested photocopy of voter card/ ration card/ driving licence/pass port/PAN card is attached for citizenship proof.

6. I hereby declare that above details are true to the best of my knowledge and belief.

Signature of applicant
Note: As amended vide GR dated 22-03-2010 of GAD
__________________________________________________

GUJARAT STATE FIRST APPEAL FORM

Right to Information Act, 2005
First Appeal - FORM E [Sec rule 6 (I)]

Date: _______ Place _________ By regd/speed ad post

To,
Appellate Authority
(Name of Public Authority/ Dept/ Office)
Address:

Sir,

As I have not received any decision /As I am aggrieved by the decision of the Public Information Officer [PIO] dated ______, I hereby file this first appeal under section 19(1) of the RTI Act, 2005. The particulars of my appeal are as under:

1. Name of the appellant:

2 Whether the appellant belongs to BPL: YES / NO.

3. Address of appellant [with phone/mobile No.]:

4. (A) Name/Designation of the PIO:

(B). Public Authority / Department / Office and address:

(C) Particulars of decision against which the appeal is preferred including the No. & Date of such decision.

Letter No. _______ dated ________ [photocopy enclosed]

5. Date of application submitted to PIO:

6. Details of Information:

(1) Information asked for: as per attached application dated ____

(2) Period for which information is sought:

as per attached application dated ______

7. Date of completion of 30 days after submitting application to the PIO:

8. Reasons for Appeal:

(A)No decision is received within 30 days of submission of application to PIO: YES/NO

(B) Aggrieved by the decision of PIO: YES/NO

9. Ground for appeal.

10. Last date for filing the appeal:

11. Reasons for delay (if any) in filing the appeal beyond the prescribed time limit.

12. Prayer/ reliefs sought for:

I hereby state that the information and particulars given above are true to the best of my knowledge and belief.


Signature of appellant
____________________________________________________

Gujarat State suggested format for second appeal/complaint:
SEOND APPEAL/COMPLAINT
TO GUJARAT INFORMATION COMMISSION
Under The Right to Information Act 2005
______________________________________________________

Date: By speed post AD

To,
State Chief Information Commissioner,
Gujarat Information Commission,
Bureau of Eco and Statistics Bldg, 1st floor
Sector 18, Gandhinagar, Gujarat 382018.

Hon’ble Sir,

As I have not received any decision/As I am aggrieved by the decision of the PIO & First Appellate Authority [FAA], I here by file this second appeal/complaint for your kind consideration. The particulars are as under:

(1) Name of the Appellant/complainant:


(2) Address of Appellant/complainant [with phone No. if any]:

(3) Name/designation and address of PIO:

Letter No. and date of decision if received:

(4) Name/designation and address of the FAA:

Letter No. and date of decision, if received:

(5) Date of receipt of order of FAA:

(6) Last date for filing the appeal, with reasons for delay if any:

(7) Particulars of information sought:

as per enclosed RTI application

(8) Brief facts/ background:

(9) Grounds for appeal/complaint:


(10) PRAYERS/ RELIEF:

A] Information sought be ordered to be supplied immediately by registered post at my address, free of cost.

B] PIO be advised to permit inspection of record, as requested by me. [if applicable]

C] Penalty as per RTI act be imposed on PIO. [Please do refer judgement dated 28-04-2009 of hon’ble High Court of Delhi in W.P. (C) 3845/2007: MUJIBUR REHMAN v/s CIC]

D] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

E] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA.

F] Public Authority be ordered to reimburse traveling, lodging, boarding expenses incurred by me for attending hearing amounting to Rs.____

G] Any other order or relief as deemed fit by Hon’ble Commission.

(11) Enclosures: Self attested photocopies of following documents:

A. Application in form A dated________ with its enclosures if any, B. Reply dated ________of PIO if received, C. First Appeal dated ________, D. Reply dated_______ to first appeal, if received, E. Postal proof of posting/acknowledgements of Form A and first appeal.

(12) Personal hearing attendance: Yes/No

(13). Verification: I the undersigned hereby state that the information and particulars given here-in-above are true to the best of my knowledge and belief.

Signature of Appellant/Complainant
_______________________________________________________

Compiled by: J. P. Shah Cell 9924106490

Sunday, January 11, 2009

Letter from an ordinary CITIZEN of India

Letter from an
Ordinary Citizen of India
To
Information Commissioner


Honorable Sir,

In last 60 years of independence, I have been honored for the first time, to have a right which has the potential of changing my life and that of generations to come, who prefer to live in India.

However, every thing depends on your spirit, deep intentions and mission to do some thing positive for the common Indian on the roads and in remote villages. Most of you are retired judges and IAS officers. You have been gifted by the God to have this august seat, to accomplish extraordinary mission of changing the fate of masses in the remaining years of life. I think you should thank God for his kind gesture, daily when you pray. Most of us do not get such ready made opportunities in life.

Sir, while discharging your duties kindly keep me in view and rest of your actions will automatically be right for the people of this country and spirit of the law.

You would be having problems of poor infrastructure, computers, non-cooperation of government, staff shortage, your old colleagues and political pressures etc etc. But Sir, look at me for a moment and you will feel privileged. You have to only decide whether
you intend to please the God above by honestly discharging your duties or just find out excuses. It were odds in the lives, which made men great. Gandhi did not have luxury of facilities, but he did it for you, me and the masses.

Hope of crores of ordinary citizens rests on you and your approach. I simply wish I be respectfully treated by government officers and employees, when I refuse to bribe or try to find out where money rightly meant for my welfare, has evaporated. I will not be required to make rounds and rounds for years for my small but just and legitimate requirements. This I wish after 60 years of our independence! I think I am not asking too much.

You can make a big difference to lives of people like me. You can make governments transparent, law abiding, fair and accountable to the people of this country. You are the right person Sir, who can take out the rights from the books of the government and put in the hands of masses. The God has bestowed His powers on you. Some of you have done commendable work for common good, despite all odds. It is not the facilities but the approach and attitude that count. Once you approach your work as God’s own work, nothing will bother you and you will have inner satisfaction of having done some thing special for the masses in your remaining life time. Giving back to the society, is not it? If not now then when, Sir? Time is running out fast.

If you do not subscribe to people empowerment or you are not prepared or capable to come out of old mind frame of bureaucracy or you have joined just as a pass time after retirement or for money, perks and status, or you dare not displease your old colleagues; please, please, please do not betray the God and common men of this country and voluntarily quit. Let God choose some more competent person to replace you. At this age be honest to God and to your soul, Sir. It will be in the interest of your and my
future generations also, whom you would not like to be in our situation of secrecy, inordinate delays, corruption, scams, frauds, manipulations, irresponsibility, unfair practices, and and…….

I am a lay man of India and do not know much of many things. You are learned, informed and qualified. But I believe that religion does not end at the last word of prayer or at the last step of temple, but it starts there from. If RTI fails, democracy will also fail, if not today, tomorrow.

When you are presented before God, you will definitely be required to supply information to him, under His RTI Act, as to what you did as Information Commissioner. I pray you will be in a position to happily supply him the required information! My good wishes are with you.

I am, Sir

Yours faithfully and truly,

Common man of free and democratic India,


AWAITING REAL SWARAJ AND RAMRAJ

since

1 9 4 7

!!!


Authored by:
Jitendra P. Shah, JUNAGADH [Gujarat ] 362 001 Mob: 09924106490

Success Stories of RTI Act

1] A sum of Rs.3.59 crores refunded by Pune Municipal Corporation for wrongly taxing large number of punekars. RTI did it.

2] Ahmedabad Municipal Corporation waived house tax of Rs.2.50 lacs within 2 days of filing RTI application by an assessee.

3] Gujarat IAS and IPS officers will now be able to access their annual confidential reports as directed under RTI.

4] DoPT, Govt. of India, Delhi have amended rules for disclosing annual confidential reports to IAS, IPS, IFS officers, based on judgement of Gujarat Information Commission.

5] Income tax refund orders (pending for years) delivered to assessees on filing RTI applications.

6] Years old bills for more than Rs.50.00 lacs paid by central govt. organization within few months, when a supplier filed RTI application for it.

7] PIO of Supreme Court, MLA, Joint secretary, SP, DSP, Dy. Collectors, university registrar, executive engineer, PIO of Sachivalaya etc fined/pulled up under RTI Act.

8] RBI ordered to disclose audit reports of a coop bank.

9] High Court Judge uses RTI and gets promotion.

10] IFS officer uses RTI for her claim for promotion as Foreign Secretary of India.

11] Villagers are asking under RTI proof of end-use of funds on the ground, allotted to their villages under various schemes of govts. Ordinary citizens have even questioned President, Prime Minister, and Supreme Court on various issues of public interest, through simple application under RTI and have received replies.

12] Frauds/scams of Crores of rupees have been unearthed through use of RTI by ordinary citizens. Recently, data obtained under RTI has inspired citizens to question individual elected representatives to stop a scam worth over Rs 6,000 crore in the Crawford Market development issue in Mumbai

13] One Information Commissioner of Central Information Commission, New Delhi himself filed RTI application for his problem.

14] There are large number of pan India success stories, where ordinary citizens or their groups have forced govt. depts. /local bodies to fulfill obligations and duties towards citizens through use of RTI.

15] 65 year old man refused to bribe Rs.1.00 lac, but got work done through RTI in Mumbai with Rs.10/-!. After a long wait and harassment, a 90 year old lady in Delhi easily got passport by resorting to RTI.

16] A 17 year girl from Bengaluru through RTI forced IIM to make public their admission process, which was secretly guarded. It is now on website of IIMs.

17] Misuse of lacs of rupees of Chief Minister’s Relief Fund was unearthed by one man in Mumbai through RTI.

18]. Misuse of public money by politicians and govt employees is being exposed repeatedly in various states through RTI. A blind man exposed embezzlement of lacs of rupees by govt employees which were meant for his village near Rajkot Gujarat.

19]. Ambanis, TATAs [for Singur] have also used RTI. Richest to the poorest have used RTI to their benefit.

20] Experience shows that Govt. officers soften, moment they know that you know about RTI Act, as you may legally ask questions that may be embarrassing to them and their department/office.

21] Govt. employees and officers are now hesitant to do wrong things or misuse their authority, lest the mess may come to light at a later date, just by an application of any ordinary citizen under RTI. On an average 4000 applications are being filed per day in the country under RTI.


Different requestors get different response, but do not get discouraged and keep on pushing. If necessary, consult RTI activists/ RTI NGOs free of charge by visiting websites. Govt. officers are slowly but surely coping with new era of open and transparent governance, befitting a democracy, where ordinary citizen is the ultimate owner of all govt. information. Sixty year old habits and mind frame will take some time, training and public punch, to change in line with this most progressive and empowering piece of legislation enacted after independence.

VIGILANT CITIZENS = VIBRANT DEMOCRACY
=CITIZEN RULE=WELFARE SOCIETY

MISSING/UNTRACEABLE RECORDS

Of late PIOs are routinely replying that records sought by the applicants are missing or not traceable etc. This is true more in cases where records are sensitive in nature or may adversely affect the vested interests. To resist such a trend, the applicant can file another RTI application with the same PIO seeking following information:

As per letter No. ___________dated ________ of PIO__________ [copy enclosed] , I have been informed that following records are missing or not traceable in the office:

a.

b.

c.

d.


I request you to kindly let me know following details in connection to these missing/not traceable records [hereafter referred to as “said records” for brevity]:


1. Please provide me certified photocopy of pages of registers where the said records were last recorded to have existed.

2. Name, designation and office address of the officers and other staff of the office who had last custody of the said records.

3. Date when your office first came to know that the said records are missing.

4. Details of efforts made to trace out the said records till date of your reply.

5. Certified copy of FIR filed for the missing/non-tracing of said records. In case if FIR is not filed till date of your reply to this application, reasons for it be also made known to me.

6. Certified photocopy of departmental guidelines for preservation and safe custody of records.

7. Certified photocopy of report made by your office to your higher officers and their reply on the matter of the said records.

8. Details of departmental action initiated against erring staff for the said records.

9. Certified photocopy of last audit queries and replies thereto in connection to said records.

10. Certified copy of record evidencing last periodical verification/inventory of old records undertaken by the dept/office as per prescribed procedure. If no inventory/verification is undertaken, reasons thereof be made known to me.

11. Name, designation and full address of PIO of the office where additional/duplicate copies would be available of the said record.

12. Please let me know if it is possible to retrieve the said record from computers.

13. Please provide me a sworn affidavit to this effect. [refer : CIC decision dated 06-11-2009 in Appeal No.CIC/SM/A/2008/00135 & SM/A/2009/001075]

[There is possibility that the said records may be traced out on receipt of this RTI application!!! All the best.]

_______________________________________________________

HOW TO LOCATE A PIO UNDER RTI ACT?

1. Visit website of the concerned public authority and scrutinize RTI icon. For state information, also visit official portals of state govt and information commission for these details. If you do not get details of PIO, visit nearest office of relevant public authority and try to get address of PIO. Name is not important, as officers do get changed.

2. If you do not still succeed, please address your application to PIO C/o. Head of the dept/office to which information is required. If you want information of a district, you can address application to PIO of District Collectorate.

3. If the envelope is not accepted or returned by post office, send the original application with photocopy of envelope to the PIO of Office of Chief Secretary at State Capital or connected ministry at Delhi, with a request to forward the enclosed application to the concerned PIO. A reference to india.gov.in website will be useful.

4. Alternatively, you can also file RTI application for the same information with PIO of Office of Chief Secretary at State Capital or connected ministry at Delhi, and PIO will redirect the application to correct PIO within 5 days of receipt by him with intimation to you.

5. Simultaneously, file a complaint with Central Information Commission/State Information Commission for difficulties in locating PIO of a particular dept/office.

6. You can take help of local/state-level NGOs or RTI helpline phone numbers for locating correct PIO, who would be holding information required by you.

7. Most of Central Govt. public authorities have placed details of PIO etc on their websites. However, states are yet to follow. Some state information commissions do not have details of PIO/FAA on their website!

RULES UNDER RTI

HOW TO DECIDE WHICH RULES TO FOLLOW?


RTI Rules framed by Central or State Govts. prescribe formats for application or appeal, amount of fees, mode of payment of fees, other charges, etc. Following guidelines will facilitate decision as to which rules are to be followed while applying under RTI Act 2005:

1. If you want information from public authorities which are part of Central Govt. then follow rules of Central Govt, irrespective of location of the office of public authority. For example, for information from Income Tax Dept. you need to follow Central Govt rules irrespective of location of office of Income Tax Dept. where from you want information. To further clarify, if you want information from Income Tax Office located in Gujarat or Tamilnadu, you have to follow central govt. rules.

2. If you want information from public authority which is part of State Govt you need to follow rules of that state. For example if you want details of land in Gujarat, you have to follow rules of Gujarat Govt irrespective of your place of residence. For example say, you are residing in Mumbai, but want information relating to Bangalore Municipal Corporation, you have to follow rules of Karnataka State Govt.

3. Your place of residence is of no relevance when deciding which rules are to be applied. Rules applicable to the custodian of the information will have to be observed by applicant.

4. In case of High Courts and Supreme Court, rules specially framed by these authorities will have to be followed, while applying for information from these Courts.

5. Rules of State Govts are available on official websites of respective states and also on the websites of State Information Commissions.

HOW TO MAKE RTI APPLICATION EFFECTIVE?

1. Use proper format if prescribed by state govt under its RTI rules, otherwise use format for central govt information available on this site. Details are also available on official website of respective state govts under RTI icon and also on website of Information Commission of the State.

2. Pay correct amount of fee by proper mode of payment as prescribed in state RTI rules. For central govt pay by postal order of Rs.10/- in favour of “Accounts officer ___________[mention name of organization to which you are addressing application].

3. Send application with fee by regd or speed AD post. Avoid submitting in person. Avoid courier also. Do not address in personal name of PIO. Use official designation as Public Information Officer [ PIO ].

4. Framing query is very important part of application. Do not ask questions as to why, when, who, whose, how etc. Instead ask for certified photocopies of records which contain the information required by you.

For example do not ask “why my application is not attended so far?” Instead ask “Please provide me reasons and certified copy of records containing reasons for delay in attending my said application”

5. Even if you do not desire to carry out actual inspection of records of govt office, make a request as under in the application:

“On receipt of information under this application, I intend to carry out actual inspection of records at your office. I may be permitted such inspection.”

6. If you are not very conversant with language of record, please add following sentence to the para at 5 above:

I may also be permitted to seek assistance of my relative/friend during inspection, as I am not fully conversant with the language in which your records are maintained.

7. Visit if available, website of the govt office, whose information is required and study RTI icon.

8. Do not waste too much time and energy in deciding which information can be asked and which cannot be. Just ask what ever you want. If you ask you may get, if you do not ask, you will not get. At the most PIO will say NO to your query.

9. Confine to one subject per application.

10. If you want large information, please submit application for few of them and once you get it, shoot another and then third application. This is costly and time consuming, but effective method.

11. Invariably seek names, designations and details of action taken by dept against employees/officers of the govt office who failed to process your pending request as per rule.

12. Ask for free copy of citizen charter of govt. office to be supplied with reply. You can know many things about that office.

13. Do not mention your phone/mobile numbers in the application, so that all communications are in writing. This helps in further appeals.

14. Be crystal clear, firm and to the point but at the same time be courteous. Give serial number to query and avoid essay type application.

15. Do ask for photocopy of file notings pertaining to your matter or application, even if you do not require.

16. If you know section of RTI act or decisions of CIC/SIC, which are in favour of your query mention the same at the end of the respective query as [refer CIC decision No. ____________dtd. ______or refer section _______of RTI Act. etc]

17. If you apprehend problem for you for asking information of sensitive nature which may harm powerful vested interest, please ask your relative or friend living in other state to file the application for the same information.

18. Provide all relevant information already available with you on the subject to PIO to facilitate early locating of records at his end.

19. If you do not know exact details of PIO, just address and mail to “PIO office of ________[mention name of nearest office of the govt dept having some connection with your subject matter of query] “

20. It is advisable to give back ground of seeking the information, though not required by the act.

Even at the end of non-RTI applications made to govt depts., mention as under, giving indication that you know RTI and if this application is not properly attended to RTI application may follow.

“RTI IS MIGHT OF COMMON INDIAN” or
“RTI IS 2 DEMOCRACY, AS AIR IS 2 MAN “ or
“CITIZEN IS OWNER OF GOVT INFO, OFFICER IS CUSTODIAN
or such other catchy slogan, you may think of !!!!

Happy RTIing.

TIPS FOR PIO UNDER RTI ACT 2005

1. Study RTI Act 2005 and rules applicable to your organization. Please ensure that sections which enjoin certain duties on you are complied with properly by your organization e.g. proactive disclosures u/s 4.1.b etc

2. Keep yourself updated with decisions of CIC/SIC by visiting their official websites at least once a week. Download important and relevant judgements.

3. Request your office-head to permit you to attend good training programmes/seminars on RTI.

4. Be member of powerful and interactive website portals like rtiindia.org in your personal capacity and navigate the site once in a week.

5. Keep all the circulars/CDs on RTI handy and easily accessible.

6. Keep in touch with other PIOs in your organization.

7. Join local active NGOs on RTI.

8. Have positive attitude towards applicants and applications.

9. View RTI as an effective instrument for transparency, citizen-centricity, improving overall efficiency, reducing corruption and infusing sense of accountability in public authority.

10. Remember some day you may be required to use RTI, perhaps against the organization you are in. More than 50% applicants are from govt sectors under RTI.

11. Attend RTI applications on top priority basis. Meticulously maintain records and submit returns promptly as mandated in the act/rules. Taking RTI casually may be a costly affair. Time is money in RTI virtually!

12. Best and easy way to decide on RTI application is to ascertain whether section 8 or 9 or 24 of the act is applicable to it or not and how it is applicable. If not applicable release the information in time.

13. Be empathetic and in case of doubt put yourself in the shoes of applicant. Your decision would be right.

14. In case of your genuine difficulties, do not be legalistic or authoritative. Contact the applicant and try to understand what he wants. Be polite to him. You may need his help.

15. Do not antagonize applicants and maintain helpful decorum. Usually arrogance, authoritativeness and superiority complex of PIOs create lot of problems for PIOs themselves and the organization. In your own interest do not make applicants revengeful against you or the organization.

16. Keep liaison with APIO/s and First Appellate Authority of the organization.

17. Please note that under RTI you are not discharging routine office duties. You are acting as a quasi-judicial authority and hence bear in mind principles of natural justice.

18. Cases of PIOs being punished under RTI for refusal to part with information abound, but there are very few cases where PIOs are punished for supplying information under RTI Act.

19. Learn to resist internal pressure. If you succumb to it, you will have external pressure from RTI applicants and IC.

20. Never ever supply wrong information or fabricated records or destroy records. You may be in serious trouble in future.

___________________________________Happy PIO-ing !_____

COMPLAINT UNDER RTI ACT 2005

Section 18 of the act empowers Central Information Commission [CIC] and also State Information Commissions [SICs] to enquire into complaints against Public Authority, Public Information Officer [PIO] and First Appellate Authority [FAA]. The section has provided for enquiring and taking corrective steps by the respective commissions in respect of majority of problems that the applicant/appellant may face in getting information to which he is entitled to under this act.

Situations under which complaint can be lodged:

1. No PIO or APIO or FAA is appointed by public authority.

2. PIO/APIO/FAA has refused to receive application/appeal.

3. No reply is received from PIO & FAA within time limit fixed by the act.

4. Reply received from PIO is unsatisfactory, irrelevant, unreadable, misleading, unclear, false, incomplete etc.

5. Information has been wrongly and unjustifiably refused.

6. When applicant is required to pay fee/charges in excess of those prescribed in RTI rules applicable.

7. PIO/APIO is not accessible in person or by post and his whereabouts are not easily available/prominently exhibited.

8. Proactive disclosure under section 4 [1] [b] has not been made or it is not made publicly available/accessible.

9. PIO/FAA has wrongly refused inspection of records of public authority or reasonable cooperation is not extended during inspection.

10. PIO, FAA or any other person directly/indirectly intimidates or ill-treats or pressurizes the applicant/appellant or restraints him from exercising his right under the act.


11. PIO/FAA disobeys orders of CIC/SIC.

12. Any other situation where the citizen has been wrongly restrained/refused access to information to which he is entitled under the act.

13. Any other violation of provisions of the act by public authority, PIO or FAA.

How to lodge complaint:

1. Complaints relating to information of central government public authorities are to be lodged with Central Information Commission [CIC], August Kranti Bhavan, Bhikaji Kama Place, NEW DELHI 110066. [www.cic.gov.in]

In case of information of public authorities of State Govts, complaints have to be lodged with respective State Information Commissions [SICs]. Details are available on official websites of State Govts. /State Information Commissions. Please refer to www.cic.gov.in and visit icon- CICs of States

2. CIC and some of SICs have prescribed minimum information or papers that must be submitted with the complaint. Some SICs have prescribed format for complaint. For CIC and those SICs, which have not prescribed format, complainants can use guidelines and format as available at http://www.rtiindia.org/guide/how-to-use-your-right-to-information-4/how-to-file-a-second-appeal-under-rti-3/ with minor changes.

3. CIC does not charge any fee for complaints. Some SICs charge fees for this purpose.




4. There is no time limit for lodging complaint, but it is advisable to lodge the same within reasonable time of happening of cause for complaint.

5. Send copy of complaint to PIO/FAA simultaneous with CIC/SIC. At times PIO/FAA solves your problem before hearing at CIC/SIC.

6. Ask for punishment to PIO/FAA under the act and also claim compensation for not getting the information in time.

7. Information Commissions are vested with powers of Civil Courts in respect of summoning, enforcing attendance, giving evidence on oath, producing records, etc.

8. Complaint is in addition to Second/final Appeal available to applicants.

9. It is advisable to simultaneously approach head of the organization or govt. dept at capital-level [secretary/chief secretary] for his intervention. This may help get information.

10. After lodging complaint, please check from concerned website if the same is registered and registration number and status.

11. In case of information pertaining to life and liberty, the complaint should be conspicuously branded as “Life & Liberty-Urgent” so that priority is accorded for its disposal before it is too late. Follow-up through email is recommended if available with SIC.

12. CIC/SICs are flooded with appeals/complaints and there is huge pendency. Thus it may take 12 to 36 months before complaint is heard.

13 It is advisable to take free help from experienced RTI activists/NGO if locally available so that matter can be effectively and properly represented through complaint.

_______________________________________________________

ASKING RISKY INFORMATION UNDER RTI?

If you are seeking information that may adversely affect vested interests or if there are chances of having legal/official or illegal fall out, you can apply following method, so that you get the information and still be safe.

Request your distant relative or a friend or any other RTI activists from other states to file RTI application for the information desired by you. You can send him completed application form in his name and address and he has to only attach demand draft or IPO. Where-ever stamps are permitted, you can buy and affix on the application before sending to the relative/friend/activist. He has to just sign and mail to the PIO from his end by speed/regd ad post. On receipt of papers, the same can be mailed to you to proceed further in the matter.

Some trick for a good purpose is always desirable in this bad world!!!

OR alternatively incorporate following para in RTI application/appeal:

"The details of this application/appeal be treated in strictest confidence and should not be revealed to any other person/s, except to the third party u/s 11 of RTI Act 2005, if need be. If any person seeks copy of this application a notice should be served to me u/s 11 and I should be heard before parting with details. PIO and FAA are duty bound not to permit unauthorized access to govt. records. I shall hold PIO/deemed PIO/FAA responsible for unauthorised leakage of details of this application."

PRIVATE PARTY UNDER RTI

HOW TO GET INFORMATION OF PRIVATE ENTITY?


You can get information pertaining to private entity [private schools, colleges, coop societies/banks, private sector banks and insurance companies, public/private trusts, private service providers, public limited companies etc under section 2 [ f ] of RTI Act. Please follow this procedure.

1. Find out the government dept or government regulator with which the private entity is registered or is being controlled or monitored. For example trusts are reporting to Charity Commissioner of the area, mobile service providers to TRAI, private banks to RBI, insurance companies to IRDA, public limited companies to SEBI and Registrar of Companies. Coop Societies/banks report to District Registrar of Cooperative Societies. Schools are controlled by Dist. Education Officer and colleges by university. Majority of private bodies are controlled by one or the other govt. dept/regulator.

2. Locate PIO of this government dept/regulator, by visiting concerned website or referring to my blog / file titled “HOW TO LOCATE A PIO UNDER RTI ACT?”


3. File application by referring to RTI Rules for format and fees applicable to central govt. [for central govt. dept/regulator like RBI, IRDA, TRAI, SEBI, ROC etc] or concerned state govt. [if department pertains to a state govt].

4. Add following as query:

Particulars of information required:

Please provide me information as per annexed list relating to ____________having Head/Main office at __________________ from your records and also by obtaining from the said entity under section 2 [ f ] of RTI Act 2005, which is reproduced here under for your kind reference:

(f)”information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

5. Attach list of information required by you as annexure to application.

6. You need not contact the private entity whose information is being sought. Now you are concerned with the govt. dept/regulator only and its PIO has to provide you the information sought by you.

7. Govt. departments or regulators can summon information under different laws from private bodies and the same has to be supplied to you.

8. Information barred by sections 8.1 & 9 of RTI Act cannot be accessed under section 2 [f] also.

9. Please also visit
http://jps50.blogspot.com/2010/08/decisions-on-private-entity-information.html

PRAYERS IN RTI APPEALS

1. FIRST APPEAL:

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] I should be fully compensated for not supplying information in prescribed time limit.

E] Disciplinary action be initiated for not complying with the law against erring officers.



2. SECOND APPEAL WITH CIC/SIC:

A] The information sought be ordered to be supplied immediately by registered post at my address.

B] The information be now supplied to me free of cost.

C] CPIO be advised to permit inspection of record, as requested by me. [if applicable]

D] Penalty as per RTI Act be imposed on PIO.

E] I should be fully compensated for not supplying information in prescribed time limit and breach of my right.

F] Disciplinary action be ordered to be initiated for not complying with the law against PIO & FAA

G] Public Authority be ordered to reimburse traveling and lodging-boarding expenses incurred by me for attending hearing.

H] Hon’ble Commission may order making an entry in service book/annual appraisal report of the concerned PIO & FAA for defying act of the parliament.

I] The hon’ble Commission be pleased to pass such other orders as deemed fit in the interest of justice and spirit of RTI.