Thursday, October 27, 2011

NEW YEAR JOKE 2011


PA to Anna: Annaji, you have received email from Dirty Trick Dept of Govt and Congress that both have agreed to pass our Janlokpal bill without any change of coma or full stop. They have conveyed Happy New Year to Anna Team.

Anna: Really? I cannot believe it. This New Year appears to be good for common citizens.

PA: Only they want one zero in last clause. They say zero has no value.

Anna: Where they want to add zero?

PA: They want last clause to read:

This act will be effective from 26th January 20120. That is all.

Anna: Hey Ram.

What an idea

Sunday, October 23, 2011

THIRD PARTY INFORMATION DENIED UNDER RTI ?


NOTE ON THIRD PARTY INFORMATION- REFUSAL BY PIO under RTI ACT

Whenever information relating to or supplied by third party is sought under RTI Act, PIOs refuse stating that information pertains to third party. Some PIOs issue notice to third party u/s 11.1 and if third party does not permit, PIOs decline supply of information stating that third party has not permitted or has objected to supply of information. First appeal needs to be filed based on following points under such circumstances:

01. Third party should have treated information as confidential while supplying the information. If it is not treated as confidential by third party section 11 will not come into operation.

02. Even when party has treated information as confidential, it has to be disclosed if larger public interest is involved outweighing in importance any possible harm to interest of third party. [This is not applicable to information relating to trade or commercial secrets protected by any law].

03. PIO does not require permission or NOC from third party. He has to give third party opportunity to be heard orally or in writing. He should then finally decide whether information should be revealed or not.

04. Even in case of third party, PIO has to deny information only under sections 8 or 9 as provided in section 7.1. PIO is also required to justify how he came to conclusion that section 8 or 9 is applicable for such denial. Similarly third party should have objected to disclosure only under section 8 or 9, justifying non-disclosure.

05.  Information of third party which is already in public domain has to be revealed without complying with section 11.

06. Denial of information just because it relates to or is supplied by third party and /or treated as confidential by third party, without assigning one or more reasons mentioned in sub-sections of 8.1 or 9 is in gross violation of provisions and spirit of RTI Act.

07. Section 11 comes into play only if PIO first intends to reveal information subject to hearing point of view of third party. If PIO does not want to reveal, section 11 does not come into play.

08. Applicant is entitled to have copy of say of third party or minutes of oral hearing by PIO based on which PIO has decided to deny disclosure. This will enable applicant to file first appeal. This is true of first appeal proceedings also.

09. PIO is also bound to decide whether information supplied by third party can be treated as confidential by third party. Third party has to justify why information supplied by it should be treated as confidential.

10. When information per se or ex facie cannot be regarded as confidential, then the procedure under section 11 is not to be followed.

11. As regards information relating to third party which is not supplied by third party, but created by public authority, PIO should invoke section 11 only if third party would be justified in treating information as confidential.

12. Any information which is older than 20 years as on date of RTI application relating to any occurrence, event or matter of a third party has to be disclosed by PIO, without reference to third party.



13. Information generated by govt employees as part of his service cannot be treated as third party information.



14. Refer CIC decisions as under:

CIC/SG/A/2011/002117/15548 dated 11-11-2011
CIC/AT/A/2009/000821 dated 16-03- 2010.  
CIC/SM/A/2011/001687 dated 10-10-2011
CIC/AT/A/2007/01297 dated 29-02-2008.

and following judgments:

Dated 26-11-2010 of Hon’ble HIGH COURT OF GUJARAT
in SPECIAL CIVIL APPLICATION No. 7538 of 2010 [para 8]

Dated 30-09-2011 of Hon’ble HIGH COURT OF DELHI in LPA No. 719/2010

Dated 25-06-2007 of Madurai Bench of Hon’ble MADRAS HIGH COURT
In WRIT PETITION (MD) No.5427 of 2007 and M.P. (MD) Nos.1, 2 and 3 of 2007

It is advisable to attach this note singed by applicant with RTI application seeking information of third party, so that PIO does not reply on flimsy grounds.

Compiled by:
J. P. Shah 9924106490   jpshah50@yahoo.co.in     www.jps50.blogspot.com

23102011 updated 290112

Friday, October 14, 2011

Bank pays property tax after 12 years through RTI


Recovery from Bank after 12 years through RTI


            My friend’s son rented out his premises to a public sector bank in 1997 for 10 years. One of the conditions in lease agreement was that bank will bear property tax of Municipal Corporation. He started submitting annual demand notices of property tax to the bank with a request to pay the amount to Corporation from 1997. Bank did not pay. Hence from 2003 he started writing to the bank branch and higher offices. He with his father frequently met senior officers of  bank for payment. Bank did not pay and maintained deafening silence. Bank vacated the premises in 2007 without paying property tax.

            My help was sought for RTI intervention in Feb 2011. 4 RTI applications, one first appeal and one consumer notice for RTI were filed. In the meanwhile, in July 2011 Municipal Corporation started movement of sealing various premises for recovery of taxes. Bank was also threatened that such delay of nearly 12 years would be inferred as deemed corruption since delay is one of the main tools for corruption and that matter would be referred to Central Vigilance Commission. We had ample documentary evidence of dilatory tactics by bank officers.  Bank’s Asstt Gen Manager requested him not to scale up the matter and requested to withdraw RTI applications. He promised that taxes will be paid immediately on receipt of sanction from Ahmedabd. Papers started moving from Junagadh to Vadodara to Ahmedabad. We did not withdraw RTIs.

            Ultimately in first week of Oct 2011 bank paid nearly Rs.270000/- [Rs. Two lakhs seventy thousand only] towards property tax with interest and penalties etc. RTI does work.

14102011

KNOW INDIAN POSTAL ORDER [IPO]


Of late RTI applicants are using Indian postal order [IPO] for paying filing fee and other charges. I append below few rules which will be useful to RTI users:

1. IPOs are available in denominations of Re. 0.50, 1, Rs. 2, 5, 7, 10, 20, 50 and 100/-.

2. Commission per IPO is Re1 to Rs.3 depending upon denomination. For Rs.10 IPO commission is Re.1/-.

3. Value of IPO can be increased by maximum Rs.3/- by affixing unused postal stamps not exceeding 4 on its face. Each stamp should not exceed Re1. Hence, say if you want to pay Rs.12 [and post office does not have denominations below Rs.10, you can buy IPO of Rs.10 and affix two postal stamps of Re.1 [ or 4 stamps of 50 paisa] each on its face. This way IPO will be for Rs.12. This facility of value addition is not applicable to IPO of Rs.100/-.

4. IPO is valid for six months from the last date of the month in which IPO is purchased from post office.

5. IPO older than 6 months as above can be revalidated for next six months by paying prescribed commission for that denomination of IPO in the form of postal stamps to be affixed on the reverse of IPO.

6. IPO older than 12 months from last day of the month of issue will be forfeited if presented for payment.

7. Purchaser can get refund of IPO within 6 months from last day of month of issue by surrendering original IPO and counterfoil. Purchaser can also get refund after expiry of 6 months from last day of month of issue but before 12 months from last day of month of issue of IPO provided he pays commission for renewal at prescribed rate by affixing stamps on the reverse of IPO to be refunded.

8. In case of loss of IPO, refund can be claimed by submitting counterfoil to Superintendent of Post Offices under whose jurisdiction issuing post office  operates. However, refund of lost IPO will not be made before expiry of 16 months from last day of the month of issue of IPO. Claim for lost IPO should be made within 12 months from last day of month of issue. If counterfoil is not available, then number, date and post office of issue should be mentioned in the application for refund.

Sunday, October 09, 2011

HOW TO GET COPIES OF EVALUATED ANSWER SHEETS

HOW TO INSPECT OR GET COPY OF EVALUATED EXAM ANSWER SHEETS THROUGH THE RIGHT TO INFORMATION ACT 2005

 If you want to verify or get copies of evaluated answer sheet of board or university exam, please file RTI application with Public Information Officer [PIO] of concerned board/university.

 1. Application should be made by father or mother or guardian of the student.

 2. Please use format as prescribed under your State RTI rules or if not prescribed use annexed format. Do not omit reference to judgement of High Court of Calcutta in any format. Add it as a note. Gujarat, Maharashtra, Karnataka, have prescribed formats for RTI application, which are available at RTI link at www.jps50.blogspot.com

 3. If you cannot locate format, please use annexed format.

 4. Please make payment of application filing fee as per RTI rules of State to which the examining board or university belongs. CBSE, Delhi is a Central Govt entity and for it you should pay Rs.10/- by postal order in favour of ACCONTS OFFICER, CENTRAL BOARD OF SECONDARY EDUCATION. It should be payable at Delhi. -For Maharashtra board or university affix court fee stamp of Rs.10/- -For Karnataka enclose postal order of Rs.10/ payable to “State Public Information Officer” and make it payable at the place where application is being sent. -For Gujarat get non judicial stamp of Rs.20/- franked at authorized banks on the application. -For other States please visit www.rti.gov.in or visit RTI link at www.jps50.blogspot.com

 5. Address of PIO is available at RTI link on the website of concerned board or university. If you cannot locate exact address of PIO just address envelope as under: To, Public Information Officer, Name of borad/university:_________________ Name of city where it is situated:___________________

 6. Please attach self attested photocopy of mark sheet to the application and mail it by speed post or registered ad.

 7. If you do not get reply within 40 days of mailing this application or if reply is not satisfactory, please immediately file first appeal by visiting RTI link at www.jps50.blogspot.com ____________________________________________________

 Annexure:

 THE RIGHT TO INFORMATION ACT 2005

 APPLICATION FOR OBTAINING INFORMATION

 Date: _______

 To,
PUBLIC INFORMATION OFFICER ________________________________Board/university Address/city of board/university_________________

 1. Name of the applicant: __________________

 2. Full Address of applicant: ________________________________ Mobile No.__________________________________

 3. Particulars of information required: My son/daughter/ward [name of examinee] appeared for _______ exam of your board/university in the month of ______. Photocopy of mark sheet is attached for ready reference. Please permit me and my above son/daughter/ward to inspect his/her answer sheet/s as well as other relevant records and also provide me certified photocopies of his/her answer sheet/s pertaining to following subjects: A]________________ B] ________________ C] _______________

 4. Details of payment of filing fees: Postal Order No. ___________for Rs.________ is enclosed Or Stamp of Rs. ______is affixed on this application at the top.

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

6. Note:
 I am emphatically drawing your kind attention to: A] 49 page judgement of 2 judge bench of Hon’ble High Court of Calcutta in M.A.T. No. 275 of 2008 in University of Calcutta & ors. Vs. Pritam Rooj which is available at http://www.judis.nic.in/Kolkata/Judge_Result_Disp.asp. B] judgement dated 30-08-2010 of Hon’ble Kerala High Court in WP(C).No. 6532 of 2006(C) C] Madras High Court judgement dated 13-09-2010 in R. Ramasamy v/s Dr. Ambedkar Law University in W.P.(MD)NO.4815 of 2008 D] Judgment dated 09-08-2011 of Hon’ble Supreme Court in CIVIL APPEAL NO.6454 OF 2011 and other 7 writs. E] CIC decision No. CIC/SM/A/2011/000368/SG/13751Penalty dated 05-10-2011.

Please do not destroy the requested record till finality of RTI process upto Information Commission and thereafter by way of writs, even if time stipulated under Public Records Act or record retention policy is over.

 Signature of Applicant

 Authority: I authorize and permit PIO, to supply information sought by my father/mother/guardian and also allow me and my father/mother/guardian to inspect relevant answer sheet/s and connected record as requested per this application. I waive notice under section 11 of RTI Act 2005. I am an Indian citizen. 

Signature of examinee ___________________

Thursday, October 06, 2011

How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

How to invoke jurisdiction of National or State Human Rights Commissions for Right to Information:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I am of the opinion that State and National Human Rights Commission have jurisdiction to hear and decide on non-submission or defective submission of information under RTI Act 2005.
6. Division Bench comprising its chairman Justice S N Jha and Justice Rajendra Prasad of Bihar Human Rights Commission has reportedly issued notices in May 2010 to State Govt. in the matter of RTI rules of the State. This shows that this Commission considers that it has jurisdiction to hear and decide RTI matters.
[ refer http://www.newkerala.com/news/fullnews-103579.html and
http://www.rtiindia.org/forum/53376-bihar-human-rights-commission-issues-notice-nitish-government.html]
7. Central Govt. and all State Govts. will be under jurisdiction of National Human Rights Commission [ www.nhrc.nic.in ]. States will be under jurisdiction of State Human Rights Commission for information pertaining to that State only. Only one commission can be approached. It is advisable to approach National Commission.
8. Complaint with Human Rights Commission can be filed before or after first appeal, but in no case after filing second appeal or complaint to Central or State Information Commission.
9. Please peruse guidelines appended below format of complaint posted at

http://nhrc.nic.in/Documents/Compformat.pdf

10. Please forward with a covering letter addressed to the respective Commission. Addresses are at www.nhrc.nic.in

11. Complaint has to be filed within one year of date on which defective information is received or date when information was due as per RTI Act [if no information is received]

12. It is advisable to send hard copy by speed ad post and also email [if email ID is available]. National Commission email ID is covdnhrc@nic.in


_______________________________________________________________


COMPLAINT WITH STATE OR NATIONAL HUMAN RIGHTS COMMISSION

A. Complainant’s Details:

Full Name:

Postal Address:

District: ________ State: ________ PIN Code: _________

Mobile/Phone No with STD code:

Email ID:

Sex: Male / Female. Age: ___ years

Religion: __________ Caste: SC/ST/OBC/Gen/Disabled ________

B: Place of incident:

Name of your village/town/city ________ Dist _______ State ______

C. Victim’s Details: My self as per details in column A supra.

D. Brief summary of facts/allegations of human rights involved:

As per attached annexure

E. Whether complaint is against Members of Armed Forces/
Para-Military: NO

F. Whether similar complaint has been filed before any Court/
State Human Rights Commission: NO

G. Name, designation & address of the public servant against whom
Complaint is being made:

Mention name [if known], Designation and address of CPIO/PIO

H. Name, designation & address of the authority/officials to whom the public servant is answerable:

Mention name [if known], designation and address of First Appellate Authority.

I. Prayer/ Relief if any, sought

a] CPIO/PIO be ordered to provide correct, complete and relevant information sought by me immediately free of cost.

b] Necessary action be initiated against CPIO/PIO and First Appellate Authority for violation of my human rights.

c] A compensation of Rs.10000/- be ordered in my favour for breach of my human rights.

d] Any other relief Hon’ble Commission deems fit be ordered.


Signature of Complainant
Encls: Self attested copies of RTI application, proof of mailing RTI application, reply of CPIO/PIO [if received], first appeal [if filed], reply of first appeal [if received]



Annexure:

D. Brief summary of facts/allegations of human rights involved


I humbly state as under:

1 Article 19 of Universal Declaration of Human Rights adopted on 10-12-1948 by General Assembly of United Nations and to which India was a signatory, states as under:
“Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers” [Visit http://www.un.org/en/documents/udhr/]

2. United Nations' Human Rights Committee on 21-07-2011 at Geneva stated as under at paragraph 3 of General Comment No. 34:

“ Freedom of expression is a necessary condition for the realisation of the principles of transparency and accountability that are, in turn, essential for the promotion and protection of human rights.”
[http://www2.ohchr.org/english/bodies/hrc/docs/GC34.pdf]

3. UN General Assembly Resolution No. 59(I) dated 14-12-1946 states as:
“Freedom of information is a fundamental human right and is the touchstone of all the freedoms to which the United Nations is consecrated;”
[Refer: http://daccess-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/033/10/IMG/NR003310.pdf?OpenElement]
4. India is a member of United Nations and has ratified most of its resolutions especially in the matter of Human Rights and Freedom of Information [Right to Information].
5. In view of above, I humbly submit that this Hon’ble Commission has jurisdiction to admit, hear, decide and act on this complaint on non-submission or defective submission of information under RTI Act 2005.
6. I had submitted enclosed application dated ______ under Right to Information Act 2005 [RTI Act, for brevity] to CPIO/PIO, described at column G in complaint, seeking certain information. Proof of mailing /submission of RTI application is attached herewith. I have paid filing fee as per RTI rules.
7. CPIO/PIO has not provided requested information within time stipulated in RTI Act.
Or
CPIO/PIO has submitted information vide his letter No. __________ dated _______ [copy enclosed] which has following defects:
a]
b]
8. As provided in RTI Act, I filed attached appeal dated ________to appellate authority as detailed in column H of complaint. He has not decided my appeal within time stipulated under RTI Act OR he has concurred with decision CPIO/PIO and thus information is not supplied to me. [ Mention this para only if first appeal is filed].
9. CPIO/PIO & Appellate Authority [if applicable] has/have not provided information mandated under RTI Act and has/have thus violated my human rights.
Signature of Complainant
________________________________________________________________
Note: Please make necessary changes to suit individual case.


Compiled by:

J. P. Shah
09924106490
jpshah50@yahoo.co.in