Friday 6 June 2014

RIGHT OF INFORMATION ACT - BOON FOR PROPERTY MATTERS


After hectic deliberations, the Right of Information Act of 2005 finally got the nod in both the upper and lower house of the Parliament. The Act came into effect from 12th of Oct 2005. With this, the law is now valid and applicable for the whole country irrespective of any state.This Act proves as a great windfall to the property industry as the building related documents which could not be procured easily from the Government departments viz. Taluk Office, Corporation Office,Sub-Registrar Office, Survey Department,Assistant Commissioner’s Office etc., can now be got, studied and verified well in advance before embarking on any project.

This Act is a blessing in disguise for the citizens of the Nation. If used properly, this may act as a weapon to bring down the corruption level to a naught. Needless to say, corruption is rampant in our country everywhere, especially, Government departments and Municipal corporations. It is a known fact that unless the officials are bribed, nothing works. Right from the lowest level to the top level officials, the bribe gets distributed and then only the work may progress without any hindrance. The citizen is greatly disturbed and distressed by these deeds but he can be just a mute spectator. But with the enactment of the Right to Information Act, there is a bright ray of hope as this Act gives power and paves the way for the honest citizen or a builder to get his files cleared if there is any undue delay.

Right of Information:
At the outset, let us understand the significant aspects of this legislation.  Section 2(j) of the said Act defines the right to information.

Right of Information’ is the right to acquire information accessible under the Act which is held by or under the control of any public authority and includes the right to –
a) Inspection of work, documents, records
b) Taking notes, extracts or certified copies of documents or records
c)  Taking certified samples of material
d) Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device.

A very encouraging development as far as this Act is concerned that it is just not restricted to Government and Municipal Corporations but also includes public authorities viz.organizations, NGO’s and other bodies which are financed by the Government.

Practical Use
Let us throw some light on how this Act can be used in practical.
1)A person submits a plan to the BMP Office for sanction.But sanctioning process undergoes an inordinate delay due to the fact of non-bribing of the concerned officials which eventually puts the citizen into a lot of anguish. Using this Act, he can now directly meet the officer and question him on the following issues.
a) What is the status of his plan?
b) How many other plans were submitted on the day on which plans was submitted by him?
d) What has happened to all the other plans?
Further, he is now entitled to ask for the inspection of documents, records, take notes and obtain certified copies.
         
2)A person applies for a ration card. As usual, it gets into rough weather
as the concerned officials are not fed properly. Now with this Act, he can go and contact the concerned and ask for the reasons for the delay just like the above case. The above said are just stray cases and the said Act can be used to elicit any type of information from any departments except a few.

Appointment of Public Information Officer
Under the Act, it is imperative now for all the administrative offices of Public Authorities to appoint a Public Information Officer. He will act as a catalyst between the citizen who wants the information and the concerned department. In normal course, the necessary information should be provided within a span of one month. There will be a nominal fee collected as a token amount. Even after one month, if the information is not provided properly or refused, the person can go one step further and appeal to the appellate authority who by default will be the senior of the said PIO in the same department.

If the Citizen wishes to appeal against the Appellate Authority itself, he should appeal to the state or Central Information Commissioner which is an independent constitutional authority.

Penalty for Delay/Refusal
If there is a delay in providing the information or deliberate refusal to part with the information, the PIO is penalized at Rs. 250/- per day until the information is provided to the person.This aspect may drive the PIO to act fast and provide all the information.It is a rule that the name of the PIO should be prominently displayed at all the offices. If it is missing or the Citizen cannot find the PIO, he can apply for information by addressing to the PIO of the head office of the concerned department.

Though the Act covers almost all the departments and enables the Citizen to get the required information, Scientific, Economic, Security and strategic information as mentioned in the sections 8 and 9 of the Act may not  be disclosed or can be denied out rightly. But such a scenario may not happen as a normal citizen will not be having any business or dealings with these aspects.

The Right to Information Act is indeed a very beneficial Act for the common man and if used in a proper and optimum way, it may lead to less sleaze and more transparency.  To top it all, this act may go one step further and give a complete transparency vis-à-vis property documents which was until now not very clear on various issues.  With this Act, all the documents of property can be procured easily from the Government department’s viz. Taluk Office, Corporation Office, Sub-Registrar Office, Survey Department, Assistant Commissioner’s Office and the citizen can heave a sigh of relief.

Format of application to be submitted to the Public Information Officer

To
(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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