Saturday 13 September 2014

RIGHT TO INFORMATION (RTI)

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.


More,




No comments:

Post a Comment