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Kalpeshkumar L GuptaLL.M., MBL (NLSIU), M. Phil(Law), PGDMAcademic AssociateIIM Ahmedabad

RIGHT TOINFORMATION

IN INDIA

Seminar on RTI - IIM Ahmedabad

December 7, 2013

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Right to Information in India :-

1.Introduction

2.Recent Scenario

3.Practical Aspects

4.Short film on RTI

5.Q & A

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Right to Information is a

Fundamental Right..

Right to Information has been

judicially recognized as part ofArticle 19(1)(a)of Indian Constitution

All Citizens shall have the right to

freedom of Speech and Expression

For proper enjoyment of freedom of

Speech and Expression, it is

imperative that correct information is

available to the Citizens.

The Right To Information is a

fundamental right in every sense ofthe word because it is absolutely

essential to the healthy functioning

of a modern democracy since an

uninformed citizen cannot possibly

be expected to be a good citizen.

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Free flow of information from the Government tothe people will not only create an enlightened and

informed public opinion but also render those in

authority accountable

- Mr. V.P. Singh, Prime Minister of India (1989)

Lackof Transparency was one of the main causes

for all pervading corruption and Right toInformation would lead to openness, accountability

and integrity

- Soli Sorabji, Former Attorney General of India (1998-2004)

Why an RTI Act ?

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RTI in various countries :-

- Sweden (1766) Freedom of Press Act

- India is the 48thCountry to implement RTI(enacted 15-06- 2005, came into force 12-10-2005)

- USA (1966) Freedom of Information Act

- UK (2000) Freedom of Information Act

- South Africa (2000) Promotion of Access to Info Act.

- New Zealand (1982) Official Information Act

- Finland (1951) Openness to Public documents

- RTI in constitution of the countries like France, Brazil,

Mexico, Columbia etc..

- More than 90 countries are having act on RTI..

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RTI Act in various states

before RTI Act, 2005 :-

1. Tamil Nadu (1997)

2. Goa (1997)

3. Rajasthan (2000)

4. Karnataka (2000)5. Delhi (2001)

6. Maharshtra (2002)

7. Assam (2002)

8. Madhya Pradesh (2003)

9. Jammu & Kashmir (2004,Amendment In 2008, repealed,

New Law made in 2009)

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Journey of Right to Information Act in India :-

The movement of RTI started in early 1990s by

Majdoor Kisaan Shakti Sanghathan (MKSS)in Devdungri,Rajashthan

Press Council of India drafted a Right to Information

Bill, 1996 (Justice P B Sawant, Chairman, PCI)

Institute of Rural Development, Hyderabad also

drafted a bill in 1997

In 1997 January 2, DoPT established a working

group under the chairmanship of Mr. H.D. Shouri

Freedom of Information Bill 2000 introduced in

Parliament on 25thJuly 2000.Freedom of Information

Act, 2002 (repealed)

Right to Information Act, 2005 (w.e.f. 12thOctober 2005)

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Objective of Right to Information Act, 2005 :-

An Act to provide for setting out the practical regime of right to

information for citizens to secure access to information under

the control of public authorities, in order to promote

transparency and accountability in the working of every public

authority,

the constitution of a Central Information Commissionand State Information Commissions and for matters

connected therewith or incidental thereto.

Whereas the Constitution of India has established democratic

Republic;

And whereas democracy requires an informed citizen and

transparency of information which are vital to its functioning

and also to contain corruption and to hold Governments and

their instrumentalities accountable to the governed;

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Right to Information (Section 2(j)) :-

.. includes the right to:

- Inspection of work, documents, records (Sec 2(i);

- Taking notes, extracts, or certified copies of

documents or records;

- Taking certified samples of material;

- Obtaining information in the form diskettes,

floppies, tapes, video cassettes or any otherelectronic mode or through print outs where

such informat ion is stored in acomputer or any

other device

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Information (Section 2(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;

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Records (Section 2(i)) :-

Record includes

Any document, manuscript and file;

Any microfilm, microfiche andfacsimile copy of a document;

Any reproduction of image or images

embodied in such microfilm (whether

enlarged or not; and

Any other material produced by a

computer or any other device

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Public Authority (Section 2(h)) :-

Public Authority means any authority or body or institutionof self government established or constituted

-by or under the constitution

-by any other law made by the parliament

-by any other law made by the state legislature

-by notification issued or order made by the appropriate

governmentand includes any

- body owned , controlled or substantially financed

- non government organization substantially financed,

directly or indirectly by funds provided by the

appropriate government.

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Authority under RTI Act, 2005 :-

State InformationCommission(Section 15)

Appellate Authority

Public InformationOfficer (PIO)

e.g. Gujarat IndustrialDevelopmentCorporation

CentralInformationCommission,

New Delhi

(Section 12)

Appellate Authority

Central PublicInformation Officer

(CPIO)e.g. Income Tax Dept

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Supply of Information to Only Citizen of India :-

The Act gives the right to information only to the

citizen of India. It does not make provision for

giving information to corporation, associations,

companies etc., which are legal entities but not

citizen.

However if an application is made by an employee

or office bearer of any corporation, association,

companies, NGO etc. indicating his name and

such employee/office bearer citizen of India,information may be supplied to him/her.

Person living abroad can make an application to

Embassy of India in respective countries.

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Pro-Active Disclosure (Section 4(1)(b)) :-

Under this section , every public authority to publish

16 category of information e.g.

1. The particular of organization , functions and duties,

2. The powers and duties of its officers and employee,

3. The procedure followed in decision making process, including

channels of supervision and accountability,

4. Directory of its officers and employees,

5. The rules, regulations instructions, manuals and records held by itor under its control or used by its employee,

6. The budget allocated to each its agency indicating particular of all

plans, proposed expenditure and reports on disbursement made,

7. A statement of the board, council , committee and other bodies

consisting of two or more person constituted as its parts or the

purpose of its advice.8. The monthly remuneration received by each its officer and

employee including the system of compensation as provided in its

regulations,

9. The name designation and other particular of Public Information

Officer, Appellate Authority etc.

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Information Exclusion (Section 8) :-

1. Information, disclosure of which would prejudicially affect the

sovereignty integrity of India, the security, strategic, scientific or

economic interest of the state, relation with foreign states.

2. Information which has been expressly forbidden to be published

by any court of law or tribunal or the disclosure of which may

constitute contempt of court

3. Information which relates to personal information the disclosure

of which has no relationship to any public activity or interest or

which would cause unwarranted invasion of the privacy of the

individual.

4. Information including commercial confidence, trade secrets or

intellectual property.. etc..

5. Notwithstanding any of the exemption listed above, a

public authority may allow to access to information if public

interest in disclosure outweighs the harm to the protected

interest.

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Severability (Section 10) :-

Where a request for access to information is

rejected on the ground that it is in relation to

information which is exempt from disclosure,

then,

notwithstanding anything contained in this Act,

access may be provided to that part of the

record which does not contain any information

which is exempt from disclosure under this Actand which can reasonably be severed from any

part that contains exempt information.

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Third Party Information (Section 11) :-

CPIO/SPIO after having request from applicant for the

information of third party within 5 days of the receipt will

inform third party

Third party within 10 days from the receipt of letter will reply

(positive/negative) to CPIO/SPIO.

Then CPIO/SPIO will make a decision in 40 days as whether or

not to disclose the information or record or part thereof and

give writing the notice of his decision to the third party.

Third party is entitled to prefer appeal under Section 19 of the

RTI Act.

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Exempted Organization (Section 24) :-(Schedule 2 o f RTI Ac t)

1. Intelligence Bureau, MoH

2. Directorate of Revenue Intelligence, MoF

3. Border Security Force

4. Central Reserve Police Force

5. Central Industrial Security Force

6. National Security Guards

7. Research & Analysis Wing

8. Defense Research & Development Organization

9. Assam Rifles

10.Border Road Development Organization

11.Central Bureau of IntelligenceTotal 25..

One can get the information from above org only in the

case of allegation of corruption or human rights violation

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RTI success story :-

1. Attendance of village school teacher (Banda, UP)2. Transparency in public distribution system for BPL families

(Bahraich, UP)

3. School uniform distributed. (Allahabad)

4. Exposing corruption in medicine procurement at PSU

(Koria, Chhatishgarh)

5. Payment of pension dues from railways (Bhavnagar Division)6. Attendance of staff in the school has helped in checking teachers

absenteeism and students drop out.

7. Attendance of doctors and nurses at primary health centres has led to

improvement in health care facilities in rural area.

8. The details of supplies and food grains through rations shops has

assured the reach of entitlements to the beneficiaries.9. Muster of roll and beneficiaries of employment guarantee schemes has

exposed corruption and ensured effective delivery of service to the

poor

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For delay in RTI - IIT Kharagpur staff made to pay :-(Indian Express, Dt. 14-06-2010)

- Prof Kumar of the IIT Kharagpur sought information on

Adjunct, visiting faculty and honorarium they received

on 4/10/2009.

- He filed a complaint to Central Information Commission

(CIC), New Delhi on 25/12/2012 as he did not get theinformation from PIO.

- The CIC has penalised two officials of IIT Kharagpur

for allegedly delaying information sought under the RTI

Act. While ordering that Rs. 15,000 /- each to bededucted from the salaries of PIO.

- Prof also given Rs. 5,000 /- as compensation.

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Student employ RTI to bring changes :-(The Times of India, Lucknow Dt. 29/05/2011)

- 9 RTI application filed by school children in UP governments

health department demanding information why tobacco retaill

shops are allowed to operate within the 100 yards ofeducational institution

of ban, who is responsible to enforce tobacco law in Lucknow,

what action should be taken against the official for not taking

any action,

- A student filed RTI applications with the Lucknow MunicipalCorporation demanding information on why garbage is

dumped in public places, who is responsible to remove it, what

action will be taken, and when garbage will be removed.

- These students were part of the recently held summer training

camp in which they were taught by Magsaysay award winner

social activist Sandeep Pandey and social activist Bobby

Ramakant as how to draft an RTI application and use it as a tool

to curb corruption and make state government agencies do

their job.

- Most of the children who have filed applications are students of

Class 9 to 12

AISHWARYA

9 YEARS OLDFILED RTI IN

NOV.2009

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Bihar Shows the way in RTI Helpline willempower people, bring accountability

(The Times of India, Dt. 29/01/2007, Sections Times Nations)

Now, instead of writing an application for

seeking information under the RTI Act and

submitting it to concerned departments, all one

has to do is dial a number where an attendant

processes the request and sends an application

to the concerned official.

A duplicate copy is forwarded to the district

magistrate through email followed by a fax

message. A copy of the application will be

delivered at the callers address within three

days. Plus, the caller will be given a specialnumber for follow-up action, says A Subhani,

secretary, personnel, Bihar. A Rs 10 RTI

application fee will be added to the telephone

call charge. This helpline will be launched in

coordination with an NGO, Parivartan.

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Now RTI on wheels to answer your RTI queries :-(Express India, Ahmedabad 23/02/2008)

- For the first time in India, a vehicle is beingexclusively designed to create awareness as well

as help the people of Gujarat to use their RTI

effectively.

- This initiative taken by Mahiti Adhikar Gujarat

Pehal (MAGP), Ahmedabad this vehicle will be

equipped by LCD computer, internet, printer,

scanner, copier. Manned by two volunteer, the

vehicle will screen films on RTI, distribute

pamphlets, hold peoples discussion on the act

and assist people to file application seeking

information

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Reliance Infra comes under RTI:-(DNA,Mumbai Dt. 21/7/2011)

- RTI Activist Anil Galgali filed an RTI application to RelianceInfra regarding meter connection details.

- He was denied information saying that they are not the

public authority.

- Anil filed a complaint to Maharashtra State Information

Commission against the denial of Reliance Infra.

- Justifying the order, the commission said though Rinfra is a

private company, Reliance Energy provides essential public

service and hence should come under the Act.

- Commission also stated that since the company was

formed and given work under the Electricity Act, 2003 and

supplying power is a public service under this Act.

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RTI Act not applicable to Reliance Infra :-(The Times of India,Mumbai, Dt. 14/10/2011)

Reliance infrastructure moved to Bombay HC against the

order of Maharashtra Information Commission.

- Division of bench of HC said that Reliance does not fall in

the category of Public Authority as it is a privatecompany.

- Judges also added that merely by providing essential

services of power distribution, they can not be termed as

Public Authority.

- HC granted the stay on the decision of Maharashtra SIC.

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Torrent Power refuses to give information under RTI :-(Indian Express, Ahmedabad, Dt. 19-03-2010)

App l icant had sou ght inform ation o n power fai lures, shutdown s,

interrupt io ns at Rajnagar complex, Narayan Nagar and Paldi areasof Ahmedabad.

The applicant had sought information regarding the types of

power failures, power outages, shutdowns, interruptions at

Rajnagar complex, Narayan Nagar road and Paldi areas in

Ahmedabad between January 1, 2009 and November 2009.

In its reply sent on January 16, 2010, the company said the

information cannot be shared as they are not a public authority as

mentioned in Section 2 (h) of the Act.

Reacting to this, the Chief Information Commissioner,Government of India, Wajahat Habibullah, told The Indian Express:

As far as I am concerned, yes, they (Torrent Power) have to be

under the ambit of RTI Act. But it depends on a lot of things,

including investment by the government, whether the government

has any stake or not.

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Retired judges to be appointed as Information

Commission

..the necessary qualification required for appointment as

Chief Information Commissioner or Information

Commissioner is that the person should have wide

knowledge and experience in law and other specified fields.

it must be termed as a judicial Tribunal which requires

to be manned by a person of judicial mind,

Two member, one Judicial member and One Expertmember

SC : Retired Judges to be appointed as Information Commisioner

Namit Sharma v/s.Union of India (Dt. of Judgement. 13/09/ 2012)

Cont

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The Supreme Court's order mandating the

appointment of a judicial member and an expert

to hear RTI-related cases, has crippled

functioning of one-fourth of the country's 28information commissions.

.Intervention petition filed in SC by Aruna Roy

& Shailesh Gandhi, SC granted stay onjudgement thereafter disputed part was

removed from the judgement

Supreme Court order leads to RTI logjam across states

(Times of India, 30/09/2012)

Cont

Cont

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The Hon'ble Supreme Court had held in the Namit Sharmacase that the cases coming up before the Information

Commission should be in benches of two members and one

of which should be from a judicial background. Further, the

SC had directed for appointing the retired High Court judges

as the Chief Information Commissioner.

Hearing a review petition, a bench of the Hon'ble Justice A.K.

Patnaik and Hon'ble Justice Arjan Kumar Sikri of the SC has

stayed its order in the Namit Sharma case thus partially

paving way for filling of the vacancies of the Information

Commissioner in the country.

Cont

Source :- http://www.rtifoundationofindia.com/originalcontent.php?oid=3629

http://www.rtifoundationofindia.com/originalcontent.php?oid=3629http://www.rtifoundationofindia.com/originalcontent.php?oid=3629

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BCCI not Public Authority

Om Prakash Kashiram v/s. BCCI*

CIC Judgment Dt. 11thJuly, 2011

BCCI under RTI ?(Times of India, Dt. 30/08/2011)

National Sports (Development),

Bill 2011

BCCI, IOA & Other sports body

opposed

WADA is of the opinion that BCCI

should be covered under RTI

Bill rejected by Cabinet on 30th

August)

After the enactment of the BCCI

will be covered under RTI

* Source :- http://rti.india.gov.in/cic_decisions/CIC_LS_A_2011_001382_M_63301.pdf

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NSE should disclose information under RTI Act:

Delhi High Court :-

The court has upheld the decision of the Central InformationCommission which had declared that the stock exchange is a

public authority The Delhi High Court today said that the

National Stock Exchange (NSE) is a publicauthorityand is

bound to reveal information under the Right to Information

(RTI) Act,

The CIC had in 2007 held that stock exchanges are quasi-

governmental bodies which are bound to disclose

information to the public under the RTI Act.

A stock exchange being a quasi-governmental bodyworking under the statute and exercising statutory powers

has to be held to be a public authority under the Act

Source :- http://www.moneylife.in/article/nse-should-disclose-information-under-rti-act-delhi-high-court/4796.html April 15, 2010

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MCX ready to come under RTI Act; other

exchanges still reluctant :-

MCX is in favour of bringing exchangesunder the Right to Information (RTI). The

exchange will work with policymakers to

develop a framework for exchanges RTI

policy. This is in stark contrast with other

exchanges like the National Stock

Exchange (NSE) and Bombay Stock

Exchange (BSE), which so far have resistedany attempt to bring them under ambit of the

RTI Act.

Source :- http://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.html Dt. February 25, 2012

http://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.htmlhttp://www.moneylife.in/article/mcx-ready-to-come-under-rti-act-other-exchanges-still-reluctant/23905.html

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1. CongressRs. 1385.36 Crore

2. BJPRs. 682 Crore3. NCPRs. 141.34 Crore

4. BSPRs. 147.18 Crore

5. RJDRs. 2.85 Crore etc.

The information came through a petition

filed by Hisar based RTI activist Ramesh

Verma before the Income Tax department.

Political parties are exempted from tax ontheir income through Section 13 A of IT Act

1961. They have to, however, maintain a

book of account for donations or income

above Rs 20,000.

Rs 2,490 Crore tax-exemption given to political parties in

5 years (Obtained through RTI Application) :-

Source :- http://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-

parties-in-5-years_814239.html, December 2, 2012

http://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.htmlhttp://zeenews.india.com/news/nation/rs-2-490-cr-tax-exemption-given-to-political-parties-in-5-years_814239.html

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MISUSE OF RTI :-Man files 550 RTIs for missing wife(The Times of India, Mumbai 25/07/2011)

Ramshankar Saroj, 10TH

Class pass, autorickshaw driver has filedaround 550 RTIs in a little over three years. That works out to

around one RTI every two days.

While Saroj may be on his way to finding himself a place in the record

books, the Dharavi police, who have had to reply to the queries,

are not amused. They say Saroj is making their lives "miserable"and they have closed the case for which he is repeatedly filing

queries.

The case in which Saroj has filed around 550 RTIs in 1,133 days

began with a missing person's complaint he filed for his wife,

Shilpa, 35, on May 21, 2008.

Ramashakar has also filed 800 RTIs to BruhadMumbai in connection

with illegal Slum Rehabilitation Authority

(TOI, Mumbai, Dt. 27thJuly, 2011)

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MISUSE OF RTI :-Abstract from the judgment delivered on August 9th, 2011CBSE Anrs. v/s. Aditya BandopadhyaysAnrs. (Civil Appeal 6454/2011 Supreme Court)

- ..Indiscriminate & Impractical demands or directions under RTI

Act for disclosure of all and sundry information (unrelated totransparency & accountability in the functioning of public

authorities & eradication of corruption) would be counter-

productive as it will adversely affect the efficiency of the

administration and result in the executive getting bogged down

with the non-productive work of collecting and furnishing

information.

- The RTI Act should not be allowed to be misused or abused ,

to become a tool to obstruct the national development and

integration or to destroy the peace, harmony among its citizen.

Nor it should be converted into a tool of oppression and

intimidation of honest official striving to do their duty.

- .The nation does not want a scenario where 75% staff of

public authorities spends 75% of their time in collecting and

furnishing information to applicant instead of discharging their

regular duties.

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Parents use RTI to access answer papers of kid's

classmates :- (Times of India, 25/09/2010)

- Competitive parenting has reached a new level, with parents

taking the RTI route to lay their hands on the Secondary School

Leaving Certificate (Class 10th) answer scripts of their kid's

classmates.

- Karnataka Secondary Education Board has written to theKarnataka government seeking its permission to exempt

processing of answer sheets under RTI.

- "We're getting a lot of RTI queries for other students' papers. We

cannot encourage that. We cannot keep giving somebody's

answer sheets to others," said KSEEB director

- Students can seek a photocopy of the answer sheet for a fee of Rs

300 per paper. Revaluation costs Rs 700 and retotalling Rs 150. An

RTI request costs a mere Rs 10.

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6 YEARS ON VACANCIES MAKING RTI INEFFECTIVE IN GUJARAT(The Times of India, Ahmedabad, 13/10/2011)

- Several vacancies in the state information commission and

slow disposal rate of application casting a shadow

- Even after six years of implementation of RTI, the

information commission does not have adequate

infrastructure and staff.

- There are more than 8000 cases pending with thecommission. Today, if one complaint or appeal is filed, the

applicant has to wait for at least two years for first hearing

because of the vacant posts.

- There are 10 vacant posts including those of Chief

Information Commissioner and information commissioner.

- In Gujarat RTI applicant are mostly from rural and semi

urban areas seeking information on issue like MNREGA

payments and housing

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RTI ACT NEEDS A CRITICAL REVIEW : MANMOHAN SINGH(6thAnnual Convention of Information Commissioners, New Delhi)(The Times of India, Ahmedabad, 14/10/2011)

- Law should not adversely affect thedeliberative processes in the government

- RTI Act had been effective but there were concernsthat it

could end up discouraging honest, well meaning public

servants from giving full expression to their views.

- even as we recognise and celebrate the efficacy and the

effectiveness of the RTI, we must take a critical look at it.

There are concerns that need to be discussed and

addressed honestly

- It was not desirable to have a situation in which an

authority was flooded with request for information having

no bearing on public interest

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ARUNA ROY BLAST PM FOR REMARK(The Times of India, Ahmedabad, Dt. 16/10/2011)

- Trasperancy advocate Aruna Roy slammed

PM Manmohan Singhsstatement saying thatthe RTI was adversely affecting deliberation in the

government and deterring honest official from expressing

their views on file.

- Roy said We reject the suggestions that transparencymakes bureaucrats inefficient. The government has always

been inefficient. Papers accessed by us through RTI have

proved this

- In the last six years, information received by the people

has created upheaval in governance. What has upset the

system in the scam. Instead of welcoming transparency, the

persistence for amendments is wrongshe added

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BRING CORPORATES UNDER RTI : NITISH KUMAR(6th Annual Convention of Information Commissioners, New Delhi)

(The Times of India, Ahmedabad, Dt. 16/10/2011)

- Nitish Kumar made a strong push for expandingthe scope of RTI, demanding that corporates

sector and public private partnership (PPP)

projects be brought under it.

- He urged that authority not to fight shy of parting

with information, governments would gradually

get used to transparency.

- Prevailing culture of secrecy leads authorities toresist even sharing even innocuous information

with people, he said dissemination of information

could actually help governments do a course

correction.

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NO PROPOSAL TO REVIEW RTISALMAN KHURSID(The Times of India, Ahmedabad, 16/10/2011)

- Salman Khursid clarified that there was no

proposal for a relook at the RTI Act

- He also said We are proud of RTI. We are

pleased that we gave RTI to this country. Even if it

causes inconvenience to this country to anextent, we will bear that inconvenience. But we

must ensure that in totality, the efficiency and

functioning of government is strengthened

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Effectiveness: More than 90%

Arunachal Pradesh

Effectiveness: 70 to 80%

Nagaland

Effectiveness: 60 to 70%

Tripura

Manipur

Effectiveness: 50 to 60%

Karnataka

Effectiveness: 40 to 50%

Assam

KerelaGujarat

Punjab

Orissa

Bihar

Effectiveness: 30 to 40%

Jharkhand

Madhya PradeshHimachal Pradesh

Chattisgarh

Uttarakhand

Goa

Haryana

Maharashtra

Effectiveness: 20 to 30%

Andhra Pradesh

Central Information Commission

Rajasthan

West Bengal

Inadequate Data

Meghalaya

Mizoram

*Sources :- http://www.rtiawards.org/images/final_report.pdf(Public Cause Research

Foundation a Trust (www.pcrf.in), New Delhi is the secretariat of RTI Awards

Effectiveness of Information Commissioner * :-

http://www.rtiawards.org/images/final_report.pdfhttp://www.pcrf.in/http://www.pcrf.in/http://www.rtiawards.org/images/final_report.pdf

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- The National Council ofEducational Research & Training

(NCERT) has decided to print an

RTI message in textbook for

classes from VI to VIII, stating

that the law combats corruptions

and promotes transparency and

accountability in the government

machinery.

- The message to be displayed on

the inner side of the textbookback cover is expected to

reach nearly one crore students

in 2012

Govt to go textbook on RTI,extol its virtue in school :-

Hindustan Times, New Delhi Dt. 20/08/2012

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RTI ACTIVISTS KILLED :-

1. Satish Shetty from Pune. He exposed many land scam (Jan 2010)

2. Lalitkumar Mehta from Jharkhand. He exposed corruption inMGNRGA (May 2008)

3. Vishram Dodiya of Ahmedabad filed a RTI application to get

details about the illegal electricity connection by a private firm.

(February 2010)

4. Dattatray Patil of Kolhapur. He exposed fake registration of

handloom (May 2010)5. Vitthal Gite - He exposed scam in local school (April 2010)

6. Satyendra Dubey , IIT Kanpur graduate, a project director of

NHAI murdered in Gaya Bihar after fighting corruption in the

highway construction project. (Nov2003)

7. Manjunath IIM- L graduate was killed trying to expose corruption

in petroleum marketing. (Nov. 2005)8. Amit Jethwa from Ahmedabad shot dead near Gujarat High

Court. He filed PIL in Gujarat HC about illegal mining in Gir

Forest.. (July 2010)

9. Shela Masood shot dead at Bhopal (August, 2011)

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SATYENDRA DUBEY (IEC)

B. Tech (IIT Kanpur),

M. Tech (BHU) Civil Engi

Project Dir. of NHAI -

Died on 24/11/2003

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MANJUNATH SHANMUGAM

IIM Lucknow (2003)

Marketing Manager of IOCL

Died Nov 2005

www.manjunathshanmugamtrust.org

Regi. on 23/02/2006, Manjunath Birth Anniversary

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Amit Jethwa, an Environmentalist & RTI Activist

shot dead opp. Gujarat High Court in July 2010

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Anna Supporter and RTI Activist Shehla Masoodshot dead in Bhopal on 16thAugust , 2011

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SUGGESTION ON

RTI ACTIVIST KILLINGS :-

According to RTI activist Vivek Deveshwar from Bangaluru,

My personal advice is that if there is an issue, then only

one person should not be involved in exposing it. Let

hundreds of people come forward and seek the sameinformation. This will deter the culprit in question since he

cannot go around killing so many people."

Thisissue should not just be limited to activists. Even the

common man should come forward and file such

applications. The government ought to take a lead in such

matters and create more awareness

Whistle Blowers Act

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THE PUBLIC INTEREST DISCLOSURE &

PROTECTION TO PERSON MAKING THE

DISCLOSURE BILL, 2010 :-

A bill to establish a mechanism to receive

complaint to disclosure on any allegation of

corruption or willful misuse of power or willful

misuse of discretion against any public servant

and to inquire and cause any inquiry into such

disclosure and to provide adequate safeguards

against victimization of the person making such

complaint..

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Format of Application :-

-There is no prescribed format for application for seekinginformation at central level. The application can be made

on simple paper. The application should however have

the name and complete postal address of the applicant.

Even in the case where the information is sought

electronically, the application should contain name and

postal address of the applicant.

- States are given power under section 27 of RTI Act, 2005

to make Rules, prescribing various forms, fees for RTI

application, appeal etc.

-The information seeker is not required to give

reason for seeking information. (Sec 6)

Fees for seeking Information :-

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Fees for seeking Information :-

-Fees of Rs. 10 with application (Cash / DD / IPO /,)*(may vary state to state, Kerala Rs. 10, Guj. Rs. 20, Delhi Rs. 25, Haryana Rs. 50)

Further Fees towards the cost of providing the information, details of which shall

be intimated to the applicant by the PIO as prescribed by Right to Information

(Regulation of Fee & Cost) Rules 2005. Rates of Fees as prescribed in the rules are

given below.

- Rs. 2 for each page (A4/A3) created or copied

- Actual charge or cost price of a copy in a larger size copy.- Actual cost or price for model or samples.

- For information provided in diskette/floppy etc. Rs. 50 per

diskette/floppy

As already pointed out , a citizen has right to inspect the records of the public

authority. For inspection of records, the public authority shall charge no fees for

first hour. But a fee of Rs. 5 for subsequent hour (or fraction thereof ) shall be

charged

* States are given power under Sec. 27 of RTI Act to make rules

prescribing forms, fees for RTI application, appeal etc.

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STATE INFORMATION

No time

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APPELLATE AUTHORITY

Appellate officer Under RTI

Act, 2005

Vice Chancellor

Veer Narmad South Gujarat

University, Surat 2

STATE PUBLIC INFORMATION

OFFICER

Registrar

Veer Narmad South Gujarat

University, Surat 1

COMISSIONER

Bureau of Economics &

Statistics Building

Sector 18

Gandhinagar 3

(IllustrationState Level)

Flow of Appeal:-

When you file an applicationfor information under RTI

Act to VNSGU

30 days

1stAppl.

90 days

2nd

Appeal

APPEAL TO BE DISPOSED IN 30

DAYS EXTENDED TO 45 DAYS

limit

for

disposal

INFORMATION TO BE GIVEN IN 30 DAYS

CENTRAL INFORMATION

No time

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APPELLATE AUTHORITY

Appellate officer Under RTI

Act, 2005

Aaykar Bhavan

Ahmedabad 2

CENTRAL PUBLIC

INFORMATION OFFICER

Aaykar Bhavan

Ahmedabad 1

COMMISSIONER

August Kranti Bhavan,

Bhikaji Kama PlaceNew Delhi 110 066 3

(Illustration - Central Level)

Flow of Appeal:-

When you file an application

for information under RTI Actto Income Tax Dept.

30 days

1stAppl.

90 days

2ndAppeal

APPEAL TO BE DISPOSED IN 30

DAYS EXTENDED TO 45 DAYS

limit

for

disposal

INFORMATION TO BE GIVEN IN 30 DAYS

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Govt. puts 500 word limit on RTI pleas :-

An application shall be accompanied by a

fee of Rs 10 and shall ordinarily not contain

more than 500 words, excluding annexures,

containing address of the Central PublicInformation Officer and that of the applicant

The rules, however, said no application shall

be rejected on the ground that it contains morethan 500 words.

Source :- http://www.deccanherald.com/content/271230/govt-puts-500-word-limit.html

http://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.htmlhttp://www.deccanherald.com/content/271230/govt-puts-500-word-limit.html

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Specific Question to be asked in RTI Application :-

(1) How many number of students got GPAT-2011 stipend

from Manipal College of Pharmaceutical Science

(Manipal University, Karnataka), for academic year

2012-2013?

(2) Even though our college has applied and I am GPAT

qualified, I didnt get stipend yet I want justification.

- Do not ask question starting from Why- Ask question preferably starting from

What, When etc.

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COMPLAINTS (Sec. 18) :-

If a person is unable to submit a PIO either by reason that

such an officer has not been appointed by the concerned

public authority orAsst PIO has refused to accept his or her

application or appeal for forwarding the same to the PIO or

Appellate Authority as the case may be or he has been refusedto access to any information requested by him under RTI Act

or he has not been given any response to a request for

information within time limit specified under the act orhe has

been required to pay an amount of fees which he considers

unreasonable or he believes that he has been given

incomplete, misleading or false information

He can make a complaint to Information CommissionCentral

/ State Information Commission as the case may be

Section 19 (8) (b) of RTI Act, 2005 -

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Section 20 of RTI Act, 2005 PENALTIES:-

-Refused to receive an application or has not furnished any

information Rs. 250 per day till application is received or

information furnished maximum to Rs. 25,000 /-

- Malafidely denied the request for information or destroyed

information or knowingly given incorrect, incomplete,

misleading information then disciplinary action can be taken

the information officer

( ) ( )

COMPENSATION:-

Under Section 19(8)(b) of the RTI Act, the CIC or the SIC, can

require the Public Authority to compensate the complainant /

appellant for any loss or detriment suffered. The complainant /

appellant should be able to justify the claim for compensation

as well as the amount of compensation sought.

Section 19 (8) (b) of RTI Act 2005 COMPENSATION:

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Section 19 (8) (b) of RTI Act, 2005 - COMPENSATION:-

HC orders compensation for not providing info under RTI Act

PTI | 10:10 PM, Oct 01,2010

New Delhi, Oct 1 (PTI): The Delhi High Court has asked the Public

Information Officer of Directorate of Delhi Health Service(DHS) to pay Rs

50,000 as compensation to a poor man for not providing information

pertaining to his treatment in a hospital within the stipulated time under

RTI Act.

Justice S Muralidhar upheld Central Information Commission's(CIC)

August 20 order and dismissed an appeal filed by DHS challenging the

compensation awarded by the CIC. "....Any delay in providing timely

information can result in a person belonging to the Economic Weaker

Section (EWS) having to needlessly spend valuable resources for

medical treatment which should otherwise be available to such person

free of cost.

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SECTION 26 of RTI ACT, 2005

GOVT TO PREPARE PROGRAMME.:-

The appropriate government may, to

the extent of availability of financial and

other resources

- develop and organize educationalprogrammes to advance the

understanding of the public, in particular

of disadvantaged communities as to how

to exercise the rights contemplated

under this Act

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RTI

Application

Annexure 1

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RTI

1stAppeal

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RTI

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RTI

2ndAppeal

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RTI

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RTI

1stAppeal

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RTI

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RTI

2ndAppeal

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Order of 2nd

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Order of 2

Appeal

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Small Survey on

awareness on RTI * :-

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(Informal)

1. 14% people do not knowabout the RTI Act, 2005

2. 63% people do not know

how to make an RTI

Application

3. 80% people are of theopinion that Govt. is not

taking much initiative for

dissemination of RTI Act.

4. 49% people are of theopinion that media is not

playing active role for

dissemination of RTI Act.

* Total respondent 100 (Most of having PG degrees.)

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(C) K L GUPTA

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(C) K L GUPTA

spc.ahmedabad@indiapost.gov.inspc.ahmedabad@indiapost.gov.inspc.ahmedabad@indiapost.gov.inspc.ahmedabad@indiapost.gov.in

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SOME IMPORTANT WEBSITES :-

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1. www.rti.gov.in

(Govt. of Indias most imp website on RTI)

2. www.cic.gov.in

(Central Information Commissioner, New Delhi

3. www.rti.india.gov.in4. www.rti.org.in5. www.gic.guj.nic.in

(Gujarat Information Commissioner)6. www.sic.maharashtra.gov.in

(Maharashtra Information Commissioner)7. www.ric.rajasthan.gov.in

(Rajasthan Information Commissioner)8. www.rtiawards.org

Note :- Please visit website of other State Information Commissioner

for more information.

Exercise on RTI Application

Form at least 3 questions to be asked in RTI Application

di D i l i t d l i M i i l

http://www.rti.gov.in/http://www.cic.gov.in/http://www.rti.india.gov.in/http://www.rti.org.in/http://www.gic.guj.nic.in/http://www.sic.maharashtra.gov.in/http://www.ric.rajasthan.gov.in/http://www.rtiawards.org/http://www.rtiawards.org/http://www.ric.rajasthan.gov.in/http://www.sic.maharashtra.gov.in/http://www.gic.guj.nic.in/http://www.rti.org.in/http://www.rti.india.gov.in/http://www.cic.gov.in/http://www.rti.gov.in/

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regarding Drainage complaint redressal in Municipal

Corporation

1. What is the role & duty of Pandesara Ward Office?

2. Which are the area covered by Pandesara Ward Office?

3. What is the sanctioned strength of the staff what is present

situation of staff strength in the said ward. Give details of

last 5 years?

4. How many complaints received regarding drainage cleaningin last 4 months, date of complaint, date of redressal of the

complaint ?

5. How many complaints received by House No. C/387 to 398,

Hariomanagar, Pandesara 394221 ?

6. Who are the responsible officers for the redressal of thecomplaint ?

7. Which are the action can be taken against the officers in

failing duties i.e. drainage cleaning ?

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Kalpeshkumar L GuptaAcademic AssociateIIM Ah d b d