On Thu, 13 Nov 2008 chi_international wrote :
>In order to make the implementation of law effective we need to
>cordinate and share the responsibilities to follow up the matters.
>Consumer , Human and Information rights are sought to be propogated
>and practised through chi international initiative by registering
>volunteers in every locality .A databse of Consumer , Human and
>Information rights volunteers and activists around the globe is being
>compiled. Those interested to keep their names in the database may
>submit details as :
>Name: BIMAL KUMAR KHEMANI
>adress (optional): 2/20 D, JANAKPURI, MARRIS ROAD, ALIGARH
>STate: UTTAR PRADESH
>Country: INDIA
>Locality Pin /Postal Code: 202001.
>Email adress: [EMAIL PROTECTED]
>Organisation if any: AKHIL BHARATIYA GRAHAK PANCHAYAT
>Field of activity: Consumer and RTI activist
>Any specialization: 30 years experience with knowledge of
various rules.
>contact Tel no.(optional): 09359724625
>
>We believe that a grassroot coordination of volunteers can curb
>corruption and make remarkable change to improve the life of common
>man . The Public bodies are required to be made accountable by
>continuous follow up . This requires planned and collective
>approach . For this we are developing Admin Watch initiative where
>every volunteer will take up the task of monitoring any one or more
>department of government or local administration. For example I can
>take the responisbility to watch education department of Local
>Municipal administration and check the facility , use of funds ,
>reaching of benefit to students, school building maintenance , pass
>out percentage of students , rate of drop in Municipal schools etc .
>All are invited to come together.
>
>--- In [email protected], "sroy1947" <[EMAIL PROTECTED]> wrote:
> >
> > Dear Members
> >
> > One of the biggest stumbling blocks to RTI implementation is the
> > non-levy of penalty on errant PIOs by the Information Commissions.
> >
> > These johnnies labour under the delusion that penalty is a
> > discretionary option open to them in case of non-supply of
> > information in the time prescribed u/s 7(1).
> >
> > Is there some problem in the wording of the clause?
> >
> > No, when a PIO fails to give in information in time he is to
> > be penalised at the rate of Rs.250 per day. No IFS no BUTs.
> >
> > The relevant part of the clause would read as follows
> >
> > "Where the Central Information Commission or the State Information
> > Commission, as the case may be, at the time of deciding any
>complaint
> > or appeal is of the opinion that the Central Public Information
> > Officer or the State Public Information Officer, as the case may be,
> > has, without any reasonable cause, ... has not furnished information
> > within the time specified under sub-section (1) of section 7 ... it
> > shall impose a penalty of two hundred and fifty rupees each day till
> > application is received or information is furnished, so however, the
> > total amount of such penalty shall not exceed twenty-five thousand
> > rupees:"
> >
> > The only defence a PIO has is PROVING there was "reasonable cause"
> >
> > So the next time any member want penalty imposed on a PIO
> >
> > 1) Insist on being present at the penalty hearing to "disprove" the
> > "reasonable ground/s" of the PIO. Ask for copies of the proof in
>advance.
> >
> > 2) Dispute with ICs like Habibullah and Tiwari who insist that
> > "allegation of malafides" is an essential ingredient to levy
>penalty.
> > Insist they record your attendance and subimissions in their orders.
> > Follow this up with a SPEEDPOST letter to them immediately after
>they
> > pass such biased orders demanding that they review their order
> > immediately in light of the above - which as we all know they wont.
> >
> > 3) Then if you want to fight it out, email me , and we shall sort
>them
> > out.
> >
> > This link is an example of how the biggest sinners in awarding
> > penalties (they were running a racket ripping off PIOs) later became
> > saints (briefly) on the side of the angels after we took it up
> > (discreetly). Of course since the GoI pays out-station ICs peanuts
> > they are back to their little monkey tricks again.
> >
> > http://cic.gov.in/CIC-Orders/OK-18072008-01.pdf
> >
> > Sarbajit
> >
> > Full text of section 20(1)
> >
> > "20(1) Where the Central Information Commission or the State
> > Information Commission, as the case may be, at the time of deciding
> > any complaint or appeal is of the opinion that the Central Public
> > Information Officer or the State Public Information Officer, as the
> > case may be, has, without any reasonable cause, refused to receive
>an
> > application for information or has not furnished information within
> > the time specified under sub-section (1) of section 7 or malafidely
> > denied the request for information or knowingly given incorrect,
> > incomplete or misleading information or destroyed information which
> > was the subject of the request or obstructed in any manner in
> > furnishing the information, it shall impose a penalty of two hundred
> > and fifty rupees each day till application is received or
>information
> > is furnished, so however, the total amount of such penalty shall not
> > exceed twenty-five thousand rupees:
> >
> > Provided that the Central Public Information Officer or the State
> > Public Information Officer, as the case may be, shall be given a
> > reasonable opportunity of being heard before any penalty is imposed
>on
> > him:
> >
> > Provided further that the burden of proving that he acted reasonably
> > and diligently shall be on the Central Public Information Officer or
> > the State Public Information Officer, as the case may be."
> >
>
>
BIMAL KUMAR KHEMANI
member TRAP ,
TRANSPARENT REELIABLE ACCOUNTABLE PEOPLES MOVEMENT
Saha-Prant Sangathan Mantri,
AKHIL BHARATIYA GRAHAK PANCHAYAT BRAJ PRANT,
2/40D, Janakpuri, Marrish Road,
ALIGARH-202001. INDIA
Phone:0571-2401557, MOB:-09359724625
e.mail: [EMAIL PROTECTED]
[Non-text portions of this message have been removed]
