-------------------------------------------------------------------------- | OSTAD TIATRIST staged by KGTS in Kuwait | | | | Read the report by William Fernandes and Gaspar Almeida at | | http://www.goanet.org/modules.php?name=News&file=article&sid=341 | -------------------------------------------------------------------------- GET EMPOWERED: What the Right to Information means to Goa
This article was compiled and shared at the initiative of the Lions Club of Arpora-Nagoa-Parra, for the benefit of readers in Goa and Goanetters in particular. This is a 11-year-old Lions Club, working in the interest of the local community. Its permanent projects include a children's park, a reading room, a school for moving children, indoor games for the youth, bus shelter, traffic signboards and even a study of pollution in the Baga River. Further details from its secretary Agnelo Remedios via mobile 9822380714 in Goa. Dassera symbolizes the ultimate triumph of good over evil. Dassera 2005 proved it. On October 12, 2005, the operational provisions of the Right to Information Act became effective. The Government of Goa however continued its lackluster approach to the Act, and only about three weeks ago (February 15, 2006) notified the Rules for fees and appeals. The notifications of the various Public Information Officers (PIOs) continues to be done in piecemeal fashion and some departments are yet to notify the PIOs although its well past the time limit set by the Act. In fact, the department of Information and Publicity is yet to notify the complete list of PIOs with name address and telephone numbers as required. The Right to Information Act of 2005 in its preamble clearly states its objectives: "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 Act requires that every public authority shall maintain records duly catalogued and indexed in a manner and form that facilities the right to information. It requires that the records be computerized in reasonable time. It not only provides the right to any individual to seek information but it casts a duty on the public authority to provide as much information suo-motu (i.e. on their own) to the public at regular intervals through various means of communications like notice boards, newspapers, public announcements media broadcasts internet or any other means, so that the citizens are well informed. Steps towards making use of the Right to Information Act: You do not need a lawyer. Any citizen can seek information. Citizen means a person and not artificial judicial body or a legal entity and therefore a firm or an association of persons or company cannot apply for such information since they cannot be considered as a natural person. * Make an application: As a citizen seeking information, make an application in writing or in electronic mode, in English, Hindi or the local language, to the concerned Public Information Officer (PIO) of the Department, specifying the particulars of information sought for. The PIO receiving the application is required to render reasonable assistance to the person making the application. If the individual or person cannot make an application in writing, the PIO is duly bound to provide all assistance to the person making the request orally and to reduce the same in writing. When you make this application there is no prescribed form. It can be on plain paper. Be brief and use simple language. You are not required to give any reasons as to why you need the information nor are you required to give any of your personal details except those that are necessary to contact you. If for any reason by mistake you make an application before the wrong PIO, the concerned PIO is required to transfer the said application within five days to the appropriate PIO and intimate you of the transfer immediately. He cannot reject the application. For obtaining any Information regarding central departments the same need to be made before the appropriate central public information offices. * Fees for Application: The Government of Goa has recently notified the rules regarding fees for obtaining information. At the time of making an application you are required to pay a fee of Rs. 10 (ten rupees only) by cash, or demand draft or cheque payable to the concerned PIO. The Act provides that no fee shall be charged from the persons who are below the poverty line as may be determined by the State Government. It is pertinent to note that our State Government has not notified the thresthold limit of poverty line, and hence there is presently no exemption from this application fee. * Time limit for disposal of request for information: On receipt of your application for information, the PIO has to as expeditiously as possible and in any case within thirty days of the request either provide the information on payment of fee or reject the request. Whenever the information called for by you concerns the life or liberty of a person, the same must however be furnished to you within forty-eight hours of the request. If the PIO doe not give decision within the said time it will be deemed that he has rejected the request. I Payment of charges for information: When the concerned PIO agrees to provide the information called for he will intimate you of the charges to be paid, as notified by the government which are as under: (i) Rs 2 for each page (in A4 or A3 sized paper) created or copied. (ii) Actual charge or cost price of a copy in larger size paper. (iii) Actual cost for samples or models. (iv) No fee for inspection of records for first one hour, and a fee of Rs 5 for every subsequent hour or part thereof. (v) For information provided on diskette or floppy you have to pay a sum of Rs 50 for each diskette or floppy. (vi) For information in printed form, the actual price of such publication or Rs 2 per page for photocopy extracts. If the PIO does not furnish the information within the stipulated time the information will have to be given free of charge. * Third Party information: If the PIO intends to provide any information disclosed by a third party confidentially, he shall within five days intimate the third party of his intention to do so and give an opportunity to the third party to be heard within ten day and accordingly he shall dispose of the application within 40 days of the application and intimate the third party of the same. * When a request is rejected: If your request is rejected by the PIO, it is his duty to communicate to you the reasons for rejecting your application, and the period before which you may appeal to the appellate authority, which is 30 days, and also provide you with the particulars of the appellate authority. * Appeal: If you do not receive a decision within the time prescribed, you are entitled to appeal before the appellate authority within thirty days or, if aggrieved by the decision, within 30 days of receipt of the decision. You will be intimated of the hearing at least seven days in advance and you are entitled to appear in persor or make oral or written submissions. The appeal will be disposed off within 30 days. If you are still aggrieved you can make a second appeal to the State Information Commission within a period of ninety days, and the said appeal will be disposed off in another thirty days. * Penalties: If the PIO has, without reasonable cause, refused to receive your application for information, or has not furnished you the Information within the stipulated period, or has knowingly given incorrect, incomplete or misleading information, or destroyed information available, or obstructed in any manner the furnishing of information, he could be liable to a penalty of Rs. 250 per day till the application is received or information furnished subject to an over all penalty limit of Rupees 25,000. Exemption from disclosure of information: The Act provides that there shall be no obligation to provide information that would affect the sovereignity and integrity of India, in strategic, scientific or economic interests; information expressely forbidden by court of law which would lead to contempt of court; information that could lead to breach of privilege of parliament on legislature; information that may endanger the life or physical safety of any person cabinet papers including deliberation until the decision are made public or complete etc. The Act is a good beginning towards strengthening the democratic set up in the 21st Century. Information availed must be used for the betterment of society, and for public cause rather than personal causes. Address the macro issues and not your individual issues. By virtue of this Central Act, the Right to Information is given to common citizens, which right was otherwise available only to members of legislative assemblies or parliament who can ask questions from the floor of the Assembly or Parliament. As a commonman and woman you now have access to files for inspection as well as to notings on the file. The pen is now going to be mighter than the sword. Circulated in public interest by the Lions Club of Arpora-Nagoa-Parra. -- GOANET-READER WELCOMES contributions from its readers, by way of essays, reviews, features and think-pieces. We share quality Goa-related writing among the 8000-strong readership of the Goanet/Goanet-news network of mailing lists. If you appreciated the thoughts expressed above, please send in your feedback to the writer. Our writers write -- or share what they have written -- pro bono, and deserve hearing back from those who appreciate their work. 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