Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore
In our
Country, whenever someone desires to urge any permission any certificate etc,
he needs to watch for ages or as alternative grease the palms of the officers
and obtain the items done. Whenever any file is submitted, the general public
are at a loss to grasp regarding the fate of their files and to feature insult
to injury, corruption is ruling the department’s right from the bottom level to
the highest level.
With the
enactment of the proper to info Act, 2005, by the Parliament, a ray of hope has
emerged within the minds of the general public to urge the Official machinery
add a corrupt free atmosphere since; this Act offers power and paves the manner
for the honest national to urge their Official work processed while not undue
delay. If used properly, this Act may become a weapon to bring down the
corruption in Government Departments. a awfully encouraging development as way
as this Act thinks about is that it's simply not restricted to Government and
Municipal firms, however conjointly includes all Public Authorities viz.
Organizations, NGOs and alternative bodies that are supported by the govt. the
proper to info Act is so a awfully helpful Act for the person and if employed
in a correct manner, it's going to cause less cheapness and additional
transparency.
The Right to
info Act, 2005 that has get with impact from twelfth Oct 2005 may facilitate
the property trade to a good extent since
the land and building connected documents that couldn't be procured simply from the govt Departments viz. Taluk
workplace, Corporation workplace, Sub-Registrar workplace, Survey Department,
Assistant Commissioner's workplace etc., while not greasing the palms of the
officers, will currently be insisted on to be provided with, studied and
verified well earlier before embarking on any project by invoking the
provisions of the proper to info Act, Section 2(j) of the Act defines the
'Right to Information’ as:
'Right of
Information' is that the right to accumulate info accessible underneath the Act
that is control by or underneath the management of any Public Authority and
includes the proper to:
a) Review of
labor, documents, and records
b) Taking
notes, extracts or certified copies of documents or records
c) Taking
certified samples of fabric
d) Getting
info within the sort of diskettes, floppies, tapes, video cassettes or in the
other electronic mode or through printouts wherever such info is hold on in an
exceedingly pc or in the other device.
Thus, by
invoking the availability of the proper to info Act, associate mortal who has
been unsuccessful in obtaining his building arrange sanctioned or just in case
of unreasonable delay in getting such sanction despite the arrange compliant
all the statutory needs and Bye-Laws prescribed, will currently place the BBMP
body machinery to figure apace by seeking, inter alia, the subsequent inquiries
to be answered by the general public info Officer of the Department.
a) what's
the standing of his plan?
b) What
percentage alternative plans were submitted on the day on that plans was
submitted by him?
c) Out of
these plans, what percentage is sanctioned?
d) What went
on to all or any the opposite plans?
Further,
he's currently entitled to provoke the review of documents, records, take notes
and acquire certified copies.
How to write
an application?
While filing
an RTI application, the framing of the queries is incredibly vital. a small
misunderstanding or obscure queries offers the PIO an opportunity to reject
your application. Follow these guidelines:
a)A white
sheet of paper shall be wont to write an application. There’s no have to
be compelled to use a Note-sheet, or the Court stamp paper.
b)The matter
are often hand written, or typed. There’s no compulsion of typewriting the
content
c)The
application needs to be clean and straightforward to scan
d)While
inquiring for info there's no restriction on variety of pages
e)There
isn't any restriction on variety of queries which will be asked in one
application. However, it's suggested to raise with restricted set of queries
and solely connected queries with one application.
f)One could
raise as several short queries that he / she could prefer to. However massive
info at a go isn't most popular.
g)In the
applying forever the name and also the signature needs to be written, and
there's no have to be compelled to mention one’s post/designation as any
national has the proper to info
h)A direct
question starting with ‘ Why’ ought to ne'er be asked, because it is vulnerable
to be rejected for not being lined underneath RTI
i)Reasons
behind an "administrative" or a "quasi-judicial"
call underneath Section 4(1)(d) shall be asked , particularly if one is an "affected person"
j)If the
knowledge sought-after is voluminous, it's higher to raise it within the sort
of CD to save lots of on price
k)One
needn't have to be compelled to write the rationale for asking the knowledge
l)The
payment details like BC/DD/IPO variety, supply bank/post workplace, date, money
receipt details etc., needs to tend towards the tip of the applying
To whom the applying ought to be addressed?
a)The
details of Public info officer, name, address etc. whom one desires to use to
ought to be written.
b)In case
there's a drag in locating the general public info Officer/Assistant Public
info Officer, the RTI application are often self-addressed to the general
public info Officer, C/o Head of Department and sent to the involved Public
Authority with the requisite application fee.
c)The Head
of Department can need to forward the applying to the involved Public info
Officer.
d)The
specific name of the general public info Officer shouldn't be mentioned on the
applying type, as there's each probability that he would possibly get
transferred, or a brand new person being selected in his place.
Application
Procedure for requesting information:
a)The
Application ought to be in writing or through electronic suggests that in
English, Hindi or within the official language of the world, to the PIO
specifying particulars of the knowledge explore for.
b)Reason for
seeking info isn't needed to be given;
c)Prescribed
fees shall be paid (if not happiness to the below poverty level category).
How to
submit a RTI Application?
a)Personally,
by hand
b)Registered
Post Acknowledgement Due (AD)
c)Speed Post
(A communicating department service)
d)Do not use
normal post, personal traveler corporations, etc. since these won't give you
with a confirmed proof of delivery.
Time limit
to urge the information:
a)30 days
from the date of application
b)48 hours
for info regarding the life or liberty of someone
c)5 days
shall be adscititious to the higher than latent period, just in case the
applying for info is given to Assistant Public info Officer.
d)If the
interests of a 3rd party are concerned then cut-off date are forty days
(maximum amount + time given to the party to form representation).
e)Failure to
produce info inside the required amount may be a deemed refusal.
Information,
that have an effect on the sovereignty and integrity of India or security,
strategic, scientific and economic interests of the State in relation with
Foreign State and bound info as mentioned in Sections eight & nine of
the Act is also denied to be provided with. By invoking the provisions of this
Act by the general public, the executive Machinery are often placed on the
proper track that successively will facilitate within the reduction of corrupt
practices.
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