Right to Information Act can become handy against corruption

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In our Country, whenever a person wants to get any permission any certificate etc, he has to wait for ages or alternatively grease the palms of the officials and get the things done. Whenever any file is submitted, the public are at a loss to know about the fate of their files and to add insult to injury, corruption is ruling the department’s right from the lowest level to the top level.

With the enactment of the Right to Information Act, 2005, by the Parliament, a ray of hope has emerged in the minds of the Public to get the Official machinery work in a corrupt free atmosphere since; this Act gives power and paves the way for the honest Citizen to get their Official work processed without undue delay. If used properly, this Act could become a weapon to bring down the corruption in Government Departments. A very encouraging development as far as this Act is concerned is that it is just not restricted to Government and Municipal Corporations, but also includes all Public Authorities viz. Organizations, NGOs and other bodies which are financed by the Government. The Right to Information Act is indeed a very beneficial Act for the common man and if used in a proper way, it may lead to less sleaze and more transparency.

The Right to Information Act, 2005 which has come into with effect from 12th Oct 2005 could help the property industry to a great extent since  the land and 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., without greasing the palms of the Officials, can now be insisted on to be furnished, studied and verified well in advance before embarking on any project by invoking the provisions of the Right to Information Act, Section 2(j) of the Act defines the 'Right to Information’ as:

'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.

Thus, by invoking the provision of the Right to Information Act, an Applicant who has been unsuccessful in getting his building plan sanctioned or in case of inordinate delay in obtaining such sanction despite the plan complying all the statutory requirements and Bye-Laws prescribed, can now put the BBMP Administrative machinery to work speedily by seeking, inter alia, the following questions to be answered by the Public Information Officer of the Department. 

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?

c) Out of those plans, how many have been sanctioned?

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.

How to write an application?

While filing an RTI application, the framing of the questions is very important. A slight misunderstanding or vague questions gives the PIO a chance to reject your application. Follow these guidelines:

• A white sheet of paper shall be used to write an application. There is no need to use a Note-sheet, or the Court stamp paper.
• The matter can be hand written, or typed. There is no compulsion of typing the content
• The application has to be legible and easy to read
• While asking for information there is no restriction on number of pages
• There is no restriction on number of questions that can be asked in one application. However, it is advisable to ask with limited set of questions and only related questions with one application.
• One may ask as many short questions that he / she may like to. But large information at a go is not preferred.
• In the application always the name and the signature has to be written, and there is no need to mention one’s post/designation as any citizen has the right to information
• A direct question beginning with ‘ Why’ should never be asked, as it is liable to be rejected for not being covered under RTI

• Reasons behind an "administrative" or a "quasi-judicial" decision under Section 4(1)(d) shall be asked , especially if one is an "affected person"
• If the information sought is voluminous, it is better to ask it in the form of CD to save on cost
• One need not need to write the reason for asking the information
• The payment details like BC/DD/IPO number, issuing bank/post office, date, cash receipt details etc., has to be given towards the end of the application

 To whom the application should be addressed?

• The details of Public Information officer, name, address etc. whom one wants to apply to should be written.
• In case there is a problem in locating the Public Information Officer/Assistant Public Information Officer, the RTI application can be addressed to The Public Information Officer, C/o Head of Department and sent to the concerned Public Authority with the requisite application fee.
• The Head of Department will have to forward the application to the concerned Public Information Officer.
• The specific name of the Public Information Officer should not be mentioned on the application form, as there is every chance that he might get transferred, or a new person being designated in his place.

Application Procedure for requesting information:

1)  The Application should be in writing or through electronic means in English, Hindi or in the official language of the area, to the PIO specifying particulars of the information sought for.

2)     Reason for seeking information is not required to be given;

3)     Prescribed fees shall be paid (if not belonging to the below poverty line category).

How to submit a RTI Application?

a)    Personally, by hand

b)    Registered Post Acknowledgement Due (AD)

c)    Speed Post (A postal department service)

d)    Do not use ordinary post, private courier companies, etc. since these will not provide you with a confirmed proof of delivery

Time limit to get the information:

1. 30 days from the date of application.
2. 48 hours for information concerning the life or liberty of a person
3. 5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5. Failure to provide information within the specified period is a deemed refusal.
6. Information, which affect the sovereignty and integrity of India or security, strategic, scientific and economic interests of the State in relation with Foreign State and certain information as mentioned in Sections 8 & 9 of the Act may be denied to be furnished.

By invoking the provisions of this Act by the Public, the Administrative Machinery can be put on the right track which in turn can help in the reduction of corrupt practices.