Tuesday 16 December 2014

RIGHT OF INFORMATION ACT - BOON FOR PROPERTY MATTERS

AdvocateSelvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

http://advocateselvakumar.com/publications.html
After feverish deliberations, the correct of data Act of 2005 finally got the nod in each the higher and lower house of the Parliament. The Act came into result from twelfth of Oct 2005. With this, the law is currently valid and applicable for the complete country no matter any state. This Act proves as an excellent windfall to the property hectic because the 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., will currently be got, studied and verified well before embarking on any project. 

This Act may be a blessing in disguise for the voters of the state. If used properly, this could act as a weapon to bring down the corruption level to a naught. Unnecessary to mention, corruption is rampant in our country everyplace, especially, Government departments and Municipal companies. It’s a best-known fact that unless the officer’s are bribed, nothing works. Right from very cheap level to the highest level officers, the bribe gets distributed so solely the work could progress with none hindrance.The citizen is greatly disturbed and distressed by these deeds however he may be simply a mute spectator. However with the enactment of the correct to data Act, there's a bright ray of hope as this Act offers power and paves the method for the honest national or a builder to induce his files cleared if there's any undue delay.

Right of Information:
At the first, allow us to perceive the many aspects of this legislation.  Section 2(j) of the aforesaid Act defines the correct to data.
Right of Information’ is that the right to amass data accessible beneath the Act that is commands by or beneath the management of any public authority and includes the correct to –
b) Taking notes, extracts or certified copies of documents or records
c)  Taking certified samples of fabric
d) Getting data within the type of diskettes, floppies, tapes, video cassettes or in the other electronic mode or through printouts wherever such data is hold on in an exceedingly pc or in the other device.
A very encouraging development as way as this Act is bothered that it's simply not restricted to Government and Municipal companies however additionally includes public authorities viz. organizations, NGO’s and alternative bodies that are supported by the govt.. 

Practical Use
Let us throw some light-weight on however this Act may be employed in sensible.
1) A person submits an idea to the BMP workplace for sanction. However enabling method undergoes AN excessive delay thanks to the very fact of non-bribing of the involved officers that eventually puts the national into plenty of anguish. Using this Act, he will currently directly meet the officer and question him on the subsequent problems.
a) what's the standing of his plan?
b) What number alternative plans were submitted on the day on that plans were submitted by him?
c) Out of these plans, what numbers are sanctioned?
d) What went on to any or all the opposite plans?
Further, he's currently entitled to arouse the examination of documents, records, take notes and acquire certified copies. 


2)A person applies for a ration card. As usual, it gets into rough weather
as the involved officers aren't fed properly. Currently with this Act, he will go and get in touch with the involved and arouse the explanations for the delay similar to the higher than case. The higher than aforesaid are simply stray cases and also the aforesaid Act may be accustomed elicit any sort of data from any departments except some.

Appointment of Public information Officer
Under the Act, it's imperative currently for all the executive offices of Public Authorities to appoint a Public data Officer. He can act as a catalyst between the national who desires the data and also the involved department. In traditional course, the mandatory data ought to be provided at intervals a span of 1 month. There’ll be a nominal fee collected as a token quantity. Even when one month, if the data isn't provided properly or refused, the person will go one step additional and attractiveness to the proceedings authority who by default are going to be the senior of the aforesaid PIO within the same department. 


If the national needs to attractiveness against the proceedings Authority itself, he ought to attractiveness to the state or Central information Commissioner that is an independent constitutional authority. 

Penalty for Delay/Refusal
If there's a delay in providing the data or deliberate refusal to give the data, the PIO is penalized at Rs. 250/- per day till the data is provided to the person. This facet could drive the PIO to act quickly and supply all the data. It’s a rule that the name of the PIO ought to be conspicuously displayed in any respect the offices. If it's missing or the national cannot realize the PIO, he will apply for data by addressing to the PIO of the top workplace of the involved department.

Though the Act covers the majority the departments and allows the national to induce the desired data, Scientific, Economic, Security and strategic data as mentioned within the sections 8 and 9 of the Act might not  be disclosed or may be denied out justifiably. However such a state of affairs might not happen as a standard national won't be having any business or dealings with these aspects. 

The Right to data Act is so a really useful Act for the common person and if employed in a correct and optimum method, it's going to result in less tat and a lot of transparency.  To high it all, this act could go one step further and provides an entire transparency vis-à-vis property documents that was up to now not terribly clear on varied problems.  With this Act, all the documents of property may be procured simply from the govt. department’s viz. Taluk workplace, Corporation office, Sub-Registrar workplace, Survey Department, Assistant Commissioner’s office and also the national will heave a sigh of relief.

Format of application to be submitted to the Public Information Officer
To
The Public Information Officer,
(Name of the office with address)
1. Full name of the applicant:
2. Address
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)
4. Whether the applicant is below the poverty line:
    (If yes, then the photocopy of the proof thereof)

Place:
Date:                                                           (Signature of the Applicant)

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Advocate Selvakumar

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