When democracy is turning in to disguise dictatorship, inevitability of checks & balance by LokAaukta in state

Please convey my heartiest congratulations to H/E GOVERNOR of Gujarat for courageous, constitutional, responsive, accountable , democratic & transparent step of appointing LOKAAUKTA in Gujarat. for Good governance.



it is indeed a matter of pleasant proud that when democracy is going to be converted in to disguise dictatorship constitutional head of the state as well as guardian of constitution along with democratic representative i.e. H/E governor, Honorable chief Justice of High court & leader of opposition respectively have invoke their powers & duties respectively in the better interest of public & to strengthen the democracy in a transparent & accountable manner.

what a pathetic position of common man will be can be easily contemplated & deducted too. Thus the step taken was inevitable.

The rationale or plausibility is when wrong person is installed on right public posting of statutory position root cause of corruptions lies there.& actions taken by such wrong person can never be plugged by any damage control exercise.



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Are we celebrating independence & republic days in the manner it requires to be? or in consonance with an essence of era?

Are we celebrating independence & republic days in the manner it requires to be? or in consonance with an essence of era?



We all celebrate indepence & republic dayjust mechananical & traditional or customery. It look like sacrifice or abdication/ renunciation while in crematorium. time being patriotisam. Ratrher Innovative way to celebrate such occassions which is en essence of era like every public office must come with past six motnhs non disposed matter with entire reference & in public it should be disposed off citing detail reasons for rejection hearing/ keeping in mind the representation of aggrieved in audience. not Perhaps but certainly that will be true soverign, socialist, secular, democratic, republic india. Perhapse no need may be there of LOK PAL agitation. People temselves will be lok pal . Else this does not seems an extravegenza for the country like us wher in almost 36% people are bellow poverity line & 25% in urban & 10 % overall living in slums?

crusade for right person on right job in public authority

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Implementation of Right to Information Act 2005 with special reference to Surat Municipal Corporation -a study

Title Page

Dissertation Title:- Implementation of Right to Information Act 2005 with special reference to Surat Municipal Corporation -a study

Name & Enrollment Of the Candidate:-
Hirnesh Sharadchandra Bhavsar Enrollment No. 094389822




Supervised By:-
Name of the academic supervisor:-
Dr. Priti Grarg
Associate Professor
Department of Public Administration
V.N.South Gujarat University Surat


Master Of Arts Public Administration
Indira Gandhi National Open university

January 2011
month & year of submission


This dissertation is submitted in partial fulfillment of the requirements of the M.A. (public Administration) of the Indira Gandhi National Open university


January 2011








Acknowledgements
-------------------------------------------

I convey thanks from bottom of my heart to my academic supervisor & guide Dr. Priti Garg who at every stage of dissertation preparation stood with me with her expert knowledge & valuable time, especially without insisting personal meeting every time. She advised, guided &interacted through E-mail, sms or telephonic conversation. I salute her for the nobility, humbleness & dynamic attitude.
Simultaneously I am also thankful to Miss S. Aparna IAS commissioner Surat municipal corporation for her consent to use data of SMC pertains to right to information implementation without any restriction for my case study & research. she became kind enough give an extensive interview regarding the subject under study.
I am also grateful to conservator of forest & than deputy municipal commissioner & appellate officer SMC to be kind enough to express his views sparing valued time to give feed back for the study, even after transfer from smc.
I also convey special thanks to Deputy municipal commissioner (special) & Appellate officer & also Deputy municipal commissioner (p & i) & Nodal officer for their valuable opinion & motivation to me to carry on with the research.
At this juncture I should not forget all public information officers & functionaries of SMC who spared enough time in filling questionnaire & giving feedback.
Last but not the least I am thankful to all applicants who gave valuable suggestions & feedback in the questionnaire & return to me for this study.
At the end how I can forget the staff of RTI cell SMC & at various zone & departments in SMC. without their cooperation in data collection it was not possible for me to complete the study.





Table of content


Chapter No. Detail
1 To study the provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2 Mechanism for implementing RTI act including the mechanism in smc along with administrative machinery in place in smc.Also to evaluate the same with reference to Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission & Important Media report published regarding Rti Act implementation
3 Status of request received / made , transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
4 Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
5 Issues that require to be addressed & amendment that could be made in the act
6 Conclusion & suggestions.




Contents



Sr. No. Topics Page Number
1 Introduction
2 Provisions including Provisions Relating to
Mechanism for Implementing the RTI Act



3 Machinery at Surat Municipal Corporation for
Implementing the RTI Act and the Status of
Complaints Filed
4 Views of Complainants and Functionaries
5 Conclusions and Suggestions



Sr. No. Topics Page Number
1. Introduction
2. Provisions including Provisions Relating to
Mechanism for Implementing the RTI Act


3. Machinery at Surat Municipal Corporation for Implementing the RTI Act and the Status of Complaints Filed

4. Views of Complainants and Functionaries
5. Conclusions and Suggestions










Table of content

Chapter Detail
No.
1/ To study the provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2/ Mechanism for implementing RTI act including the mechanism in smc along with administrative machinery in place in smc.
Also to evaluate the same with reference to Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission & Important Media report published regarding Rti Act implementation
3/ Status of request received / made , transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
4/ Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
5/ Issues that require to be addressed & amendment that could be made in the act
6/ Conclusion & suggestions.














Material, books , literature & documents refereed


1. Provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2. Right to information Act 2005 with notes & case laws – SBP publication By Harish Shah
3. Indian constitution Law by M.p. Jain
4. Hand Book for public information officers under the RTI Act By R. S. Tolia Chief Information Commissioner Uttaranchal.
5. Official Secrets Act 1923
6. Income Tax Act 1961 Section 2(31)
7. Law Lexicon for definition of person
8. Freedom of information Act 2002
9. Website of Surat municipal corporation www.suratmunicipal.gov.in

10. Website of state information commission Gujarat www.gic.guj.nic.in
www.gujaratindia.com
11. Website of central information commission www.cic.gov.in

12. Mechanism for implementation of RTI Act 2005 in SMC along with administrative machinery in smc
13. Status of request received / made, transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
14. Views of complainants relating to procedures, interactions & outcome of applications
15. views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
16. Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission.
17. Important Media report published regarding RTI Act implementation












Material, books , literature & documents refereed


1/ Provisions of RTI Act 2005 & RTI rules Gujarat 2005 & amended RTI rules Gujarat 2010
2/ Right to information Act 2005 with notes & case laws – SBP publication By Harish Shah
3/ Indian constitution Law by M.p. Jain
4/ Hand Book for public information officers under the RTI Act By R. S. Tolia Chief Information Commissioner Uttaranchal.
5/ Official Secrets Act 1923
6/ Income Tax Act 1961 Section 2(31)
7/ Law Lexicon for definition of person
8/ Freedom of information Act 2002
9/ Website of Surat municipal corporation www.suratmunicipal.gov.in
10/ Website of central information commission
11/ Website of state information commission Gujarat
12/ Mechanism for implementation of RTI Act 2005 in SMC along with administrative machinery in smc
13/ Status of request received / made, transferred, disposed off, rejected, pending & appeals made before first & second appellate authorities in the year 09-10
14/ Views of complainants relating to procedures, interactions & outcome of applications
15/ views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC
16/ Study report, analysis & review displayed on website & in the media including the report of price water house cooper submitted to central commission.
17/ Important Media report published regarding RTI Act implementation



Material Displayed on website of CIC, & referred for study

No. Content Source
1. Final Report
understanding key issues & constraints in implementation
of RTI act June 2009 Price water House cooper
2. Who is afraid of transparency Aruna Roy & Nikhil Dubey
3. NRI in US allowed RTI access Pioneer

4. Over 25000 applications still pending in Delhi government Bureau report zee
5. Inter American court finds fundamental right of access of
information websiteCIC
6. Still long way to go P.M. people must respect other's right while using RTI Hindustan times
7. High court orders Mps to reveal their expenses
P.M. & Cameron receipts could go public next week Independent U.K.
8. 78% RTI officers have average awareness
9. RTI Act is fine Mishra correspondent,
10. Jankari Project of Bihar state Govt. regarding RTI implementation
partnering BSNL Govt. & B.P.O. WEBsite CIC
11. Lessons from penalty imposed by CIC Compiled by Dy. ch. Eng. Andaman
12. Consumer protection & RTI Pravin Dalal
13. Expanding Horizon Consisting of constitutional Response, food & drug, venereal
& infectious disease, under the control of public authority, electronic governance, antecedents of election
candidates,, person, citizen etc '' ''
14. Research needed on Rti Bhasker rao, Guinness record holder
15. My experience on RTIJudiciary, N.H.R.C, LOKSABHA Subhash chandra agraval
16. RTI step towards transparent governance Role of NIC Aruna Chhabu NIC GOI
17. Supreme court tips on privacy Michel crist
18. Narega in Katni guaranteed job, or guaranteed corruption
venkant Naik for CHRI










Material Displayed on website of CIC, & referred for study

content source

1/ Final Report
understanding key issues & Price water House cooper
constraints in implementation
of RTI act June 2009
2/ Who is afraid of transparency Aruna Roy & Nikhil
Dubey

Wherein applicant Vakta Ram sought details/ copies of record of NAREGA expenditure under RTI ACT fromBlock development office who was beaten up rather than providing info information, fearing public audit & exposed of corruptions


3/ NRI in US allowed RTI access pioneer
4/ Over 25000 applications still Bureau report zee
pending in Delhi government
5/ Inter American court finds
fundamental right of access of
information
7/ Still long way to go P.M. Hindustan times
people must respect other's
right while using RTI
8/ High court orders Mps to reveal Independent U.K.
their expenses
P.M. & Cameron receipts could
go public next week
9/ 78% RTI officers have average
awareness
10/ RTI Act is fine Mishra correspondent,
11/ Jankari Project of Bihar state
Govt. regarding rRTI implementation
partnering BSNL Govt. & B.P.O.
12/ lessons from penalty imposed by Compiled by Dy. ch. Eng. CIC Andaman
13/ Consumer protection & RTI Pravin Dalal
14/ Expanding Horizon ''
Consisting of constitutional
Response, food & drug, venereal
& infectious disease, under the
control of public authority, electronic
governance, antecedents of election
candidates,, person, citizen etc



16/ Research needed on Rti Bhasker rao, Guinness record holder
17/ My experience on RTI Subhash chandra Judiciary, N.H.R.C, LOKSABHA agraval
18/ RTI step towards transparent Aruna Chhabu
governance Role of NIC NIC GOI
19/ Supreme court tips on privacy Michel crist
20/ Narega in Katni guaranteed job, venkant Naik for CHRI
or guaranteed corruption




important media report published, & referred for study



NO. content
source
1. From common man to superman
transparency's torch bearer Times of India 23/03/07
2. 30days promise still a distant
reality, Gujarat has stolen a march
interview of Arvind kejarival '' ''
3. Three years of RTI Act working well
in rural areas but little impact in
Sachivalay '' 13/10/08
4. Right idea for telling tale Now we know five years on, The RTI has survived many an efforts to dilute it's provision '' the times crest edition Oct. 10
5. CIC bars info on I.T. return of third party T.O.I. A.bad
6. No Info under RTI without third party's
Consent '' ''
7. Now citizens can asked for babus
property details '' ''
8. Education degrees are public documents case of DMC, smc, by GIC '' 11/06/06
9. Rape victims becomes unwed motheruse RTI to nail cops '' ''
10. How bureaucrats property came under RTI '' 12/06/08
11. Failing to provide info within stipulates time district social welfare officer penalized Gujrat samachar
12. It is unsafe to divulge collated info
on IAF's man power says cic T.O.I. 20/07/08
13. Four Retd officers penalized
GSI officers punished for delayed
disclosure of info '' ''
14. Babus told to stick to RTI deadlines CIC '' 21/07/08
15. Public servant under suspension can
seek info CIC '' 17/07/08
16. RTI applicants to get travel cost CIC '' 15/07/08
17. Now an RTI call centre for queries '' 17/07/08
18. Will sonia be penalized under RTI ''
19. Sonia for Bihar model for RTI call centre '' 12/08/08
20. File with education certificates of DMC
goes missing ''
21. Uttar Pradesh chief secretary slammedfor not implementing RTI Western times20/08/08
22. Info with sub judice case can not be
withheld CIC in case of shipping ministry T.I.O. 12/12/08
23. GIC stays disclosure of information on
Nirma, scl '' 15/12/08
24. Fali wants judges to declare assetsrejects Delhi High court request to assist in supreme court plea challenging CIC order '' 22/01/09
25. Information should be provided in manner it is sought CIC ''
26. RBI mum on co. op. banks closure ''
27. Just one percent of RTI fine recorded ''
28. NBRI demand for I.D. proof from applicant unjustified CIC ''
29. Simple RTI questions gets outrageous
answers GIC ''
30. Govt can not deny info on officers
credentials T.O.I.
31. Due to shortage of staff backlog of appeals G.S. 12/02/09
32. Negativity of information Govt. spend
Rs. 6700/ on postage, though not furnished info on pay & allowances of babus ''
33. CIC pulls up IIM a information officer ''
34. Govt can not deny info on cases pending in court ''
35. Doubt about RTI Act displayed ''
36. CJI's office falls under RTI act, says H.C.Bombay High court judges to declare assets '' 03/09/09
37. Disclose papers in Netaji's death case
CIC to MHA '' 05/09/09
38. Order to inspect answer book AIR 2008
39. Third party info consent required GLR 2007
40. Order to withdraw transfer order by GIC ultra virus
GLR 2008
41. RTI activist CIC role under cloud
Shailesh Gandhi who had vowed to clear backlog seems to be away from target CIC order on declaration of SIC judges assets stayed T.O.I.
42. Work shop on RTI '' 12/10/09
43. RTI helps BSNL customer get compensation ''
44. Do the right thing. problem with RTI deeper than appointment of CIC ''
45. ONLY 27% gets info under RTI, says study ''
46. Notice to V,N,S,G.U. V.C. under RTI act ''
47. Sc stays CIC order on judges appointment '' 05/12/09
48. Govt. mulls changes in RTI act '' ''
49. IAS officers assets can be a secret, ''
50. MPs MLAs not covered under RTI '' 04/12/09
51. Arrest warrant issued against PIO ''
52. parliamentary panel record can be made public CIC '' 03/12/09
53. RTI does not apply to judgments S.C. ''
54. RTI act being used to dislodge cic himself ''
55. CJI's office under RTI Delhi high court ''
56. Give priority to senior citizen rti applicants ''
57. CJI's office under RTI S.C. challenges H.C.VERDICT ''
58. Guju boy takes RTI route for CAT score ''
59. Co.op. society not covered under RTI H.C. ''
60. Info with corporates not private CIC allows disclosure of I.T. records of escort hospital ''
61. U.S & Europe are the land of free The govt. is fooling us ''
62. Your right to info - is an army of activist a boon or bane five years on babus know too little ''11/04/10
63. CIC denies info on prez health term it personal '' 23/08/10
64. Whether answer sheet be available forinspection under RTI Guj Today 07/05/06
65. Blind RTI crusader gets death threats
TOI award winner Ratna Balu told to stop asking too many questions T.O.I. 7/10/10
66. V,N.S.G.U. v.c.'s appointment as
NGU professor part of scam report
inquiry report obtained through RTI '' 28/09/10
67. order to divulge correspondent between external affairs dept & CBI regarding extradition of warren ender son G.S. 30/09/10
68. G.U. registrar faces ire of info
commission T.O.I. 20/07/10
69. Now help just call away for RTI
applicants under threat ''
70. Amend the act to come out from awkward situation sec. to president G.S..
71. M.s gill's RTI comments sign of
unaccountability CIC T.O.I. 04/10/10
72. New rule to stifle RTI applicants
Civilians use will lead to policy change

T.O.I. 17/12/10















important media report published, & referred for study

content source

1/ From common man to superman Times of India 23/03/07
transparency's torch bearer
2/ 30days promise still a distant
reality, Gujarat has stolen a march '' ''
interview of Arvind kejarival
3/ Three years of RTI Act working well
in rural areas but little impact in
Sachivalay '' 13/10/08
4/ Right idea for telling tale
Now we know five years on, The RTI
has survived many an efforts to dilute '' the times crest
it's provision edition Oct. 10
5/ CIC bars info on I.T. return of third party T.O.I. A.bad
6/ No Info under RTI without third party's
Consent '' ''
7/ Now citizens can asked for babus
property details '' ''
8/ Education degrees are public documents
case of DMC, smc, by GIC '' 11/06/06
09/ Rape victims becomes unwed mother '' ''
use RTI to nail cops
10/ How bureaucrats property came under RTI '' 12/06/08
11/ Failing to provide info within stipulates time
district social welfare officer penalized Gujrat samachar
12/ It is unsafe to divulge collated info
on IAF's man power says cic T.O.I. 20/07/08
13/ Four Retd officers penalized
GSI officers punished for delayed
disclosure of info '' ''
14/ Babus told to stick to RTI deadlines CIC '' 21/07/08
15/ Public servant under suspension can
seek info CIC '' 17/07/08
16/ RTI applicants to get travel cost CIC '' 15/07/08
17/ Now an RTI call centre for queries '' 17/07/08
18/ Will sonia be penalized under RTI ''
18/ Sonia for Bihar model for RTI call centre '' 12/08/08



19/ File with education certificates of DMC
goes missing ''
20/ Uttar Pradesh chief secretary slammed Western times
for not implementing RTI 20/08/08
21/ Info with sub judice case can not be
withheld CIC in case of shipping ministry T.I.O. 12/12/08
22/ GIC stays disclosure of information on
Nirma, scl '' 15/12/08
23/ Fali wants judges to declare assets '' 22/01/09
rejects Delhi High court request to assist in
supreme court plea challenging CIC order
24/ Information should be provided in manner
it is sought CIC ''
25/ RBI mum on co. op. banks closure ''
26/ Just one percent of RTI fine recorded ''
27/ NBRI demand for I.D. proof from applicant
unjustified CIC ''
28/ Simple RTI questions gets outrageous
answers GIC ''
29/ Due to shortage of staff backlog of appeals G.S. 12/02/09
30/ Govt can not deny info on officers
credentials T.O.I.
31/ Negativity of information Govt. spend
Rs. 6700/ on postage, though not furnished
info on pay & allowances of babus ''
32/ CIC pulls up IIM a information officer ''
33/ Govt can not deny info on cases pending
in court ''
34/ Doubt about RTI Act displayed ''
35/ CJI's office falls under RTI act, says H.C.
Bombay High court judges to declare assets '' 03/09/09


36/ Disclose papers in Netaji's death case
CIC to MHA '' 05/09/09
37/ order to inspect answer book AIR 2008
38/ Third party info consent required GLR 2007
39/ Order to withdraw transfer order by GIC
ultra virus GLR 2008

40/ RTI activist CIC role under cloud
Shailesh Gandhi who had vowed to clear T.O.I. backlog seems to be away from target
CIC order on declaration of SIC judges
assets stayed
41/ Work shop on RTI '' 12/10/09
42/ RTI helps BSNL customer get compensation ''
43/ Do the right thing. problem with RTI deeper
than appointment of CIC ''
44/ ONLY 27% gets info under RTI, says study ''
45/ Notice to V,N,S,G.U. V.C. under RTI act ''
46/ Sc stays CIC order on judges appointment '' 05/12/09
47/ Govt. mulls changes in RTI act '' ''
48/ IAS officers assets can be a secret, ''
49/ MPs MLAs not covered under RTI '' 04/12/09
50/ Arrest warrant issued against PIO ''
51/ parliamentary panel record can be made public '' 03/12/09
CIC
52/ RTI does not apply to judgments S.C. ''
53/ RYI act being used to dislodge cic himself ''
54/ CJI's office under RTI Delhi high court ''
55/ Give priority to senior citizen rti applicants ''
56/ CJI's office under RTI S.C. challenges H.C.
VERDICT ''
57/ Guju boy takes RTI route for CAT score ''
59/ Co.op. society not covered under RTI H.C. ''
60/ Info with corporates not private CIC allows ''
disclosure of I.T. records of escort hospital
61/ U.S & Europe are the land of free ''
The govt. is fooling us




62/ Your right to info - is an army of activist ''11/04/10
a boon or bane five years on babus know
too little
63/ CIC denies info on prez health term it personal '' 23/08/10
64/ Whether answer sheet be available for Guj Today
inspection under RTI 07/05/06
65/ Blind RTI crusader gets death threats
TOI award winner Ratna Balu told to stop
asking too many questions T.O.I. 7/10/10
66/ V,N.S.G.U. v.c.'s appointment as
NGU professor part of scam report
inquiry report obtained through RTI '' 28/09/10
67/ order to divulge correspondent between
external affairs dept & CBI regarding
extradition of warren ender son G.S. 30/09/10
65/ G.U. registrar faces ire of info
commission T.O.I. 20/07/10
66/ Now help just call away for RTI
applicants under threat ''
67/ Amend the act to come out from awkward
situation sec. to president G.S..
68/ M.s gill's RTI comments sign of
unaccountability CIC '' 04/10/10
69/ New rule to stifle RTI applicants
Civilians use will lead to policy change T.O.I. 17/12/10






Chapter 1
To study the provisions of RTI Act 2005 & RTI rules Gujarat
2005 & amended RTI rules Gujarat 2010

In every act objectives of the same are narrated in the preamble. Preamble of the RTI act provides for-

-Setting out the practical regime of right to information for citizens to secure access to information under the control of public authority.
-To promote transparency & accountability in the working of every public authority
-Constitution of central & state information commission
-To contain corruption & to hold government & it's instrumentalities accountable to the governed.

Preamble is pretty clear in Para 4 that revelation of information in actual practice is likely to conflict with Other public interest including efficient operations of the government Optimum utilization of limited fiscal resources and preservation of confidentiality of sensitive information, Though it has provided to harmonies these conflicting interest while preserving paramountancy of democratic ideals.

Now coming to the act it is divided in six chapters consisting of 31 sections & 151 sub sections, subclasses.

In chapter 1 extent, commencement,& definitions are given. Which includes the definitions of information, public authority, record, right to information, & third party among others.



Act is applicable to whole of India except Jammu & Kashmir

Definition of public authority is reproduced:-


(h) "public authority" means any authority or body or institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,

and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organization substantially financed,

directly or indirectly by funds provided by the appropriate Government
Which indicates where ever major chunk of public fund Is utilized every such public authority falls under the preview of RTI act including an NGO. While all government & public offices are by status falls under it.

Definitions of information & right to information are reproduced:-

"information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
"right to information" means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to—
(i) inspection of work, documents, records;



Which shows everything materially available in public office or under the control of public authority is covered under information & right to information including inspection of record.


Chapter 3 of the act covers section 3 to 11
Wherein right of citizen to avail information, proactive disclosure under section 4 in 17 manual, designation of PIO, APIO, Appellate officers under section 5, request for obtaining information under section 6 including transfer to other public authority within not later than 5 days are covered.

Section 4 SEVENTEEN manuals are:-
PUBlish within one hundred and twenty days from the enactment of this Act,—
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its

(xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations granted by it;
(xiv) details in respect of the information, available to or held by it, reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
(xvi) the names, designations and other particulars of the Public Information Officers;

(xvii) such other information as may be prescribed; and thereafter update these publications every year;


Under section 7 disposal of request within 30 days in other cases while within 48 hours in case of life & liberty are provided.
Provisions to pay the charges for documents & inspection & in case of late submission u/s 7(6) to provide the information free of cost are covered.
While u/s 7(5) in case of bellow poverty line applicants provision to provide information without fee & charges is covered.
Under section 8(1) a To j various exemptions are given under which information can be denied are reproduced.



(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence;
(b) information which has been expressly forbidden to be published by any court of law or tribunal or the
(c) information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over:
Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

It is note worthy u/s 8(2) that without recourse to provisions under official secrets act 1923 or various exemptions u/s 8(1) if public information interest outweigh the harm to the protected, specific provisions are made on the part of public authority giving discretion to divulge information.
While in case of exemption u/s 8(1) a i.e. sovereignty of India etc, breach of privilege of parliament or state legislature or cabinet papers , on completion of 20 years it comes out from exempted category.
While as per note under section 8(1) j information which can not be denied to parliament or state legislature shall not be denied to any person.
u/s/ 9 provision is there to exempt information pertains to infringement of copyright subsisting in a person other than state.
Section 10 provides for severability i.e. in case of mix information consist of exempted & non exempted category provision is made to provide by severance.
Section 11 pertains to information provided by third party

content of the provision of third party info is “Which relates to or has been supplied by a third party & has been treated as confidential by third party.
Before providing access to third party information provision is there to give written notice to the third party within 5 days of receipt of request & giving an opportunity to third party to make representation before disclosing such information.
Also provision is made to disclose such information except trade & commercial secrets protected by law if public interest outweigh in importance any possible harm or injury to the interest of third party.
Applying this entire procedure third party information is to be provided or refuse recording the reasons within 40 days period.

Even in case of disclosing information belongs to third party if PIO is rejecting the objection raised by third party & decide to disclose information statutory provision is made to giving such notice to third party with intimation of his /her right to appeal.
Here noteworthy point is there is no specific provision of interim stay in case of appeal by either party under section 11.
Conspicuous provisions under chapter 2 is to cover information relating to any private body which can be accessed by a public authority under any other law for the time being in force u/s 2(f)
While to render reasonable assistance to the person seeking information on the part of PIO u/s 5(3), to render reasonable assistance to the person making request orally to reduce the same in writing u/s 6(1), providing assistance to the person sensor ably disable including such assistance as may be necessary for inspection by PIO u/s 7(4) is of vital importance towards implementation of the act in right spirit & intention. Also it require the PIO & public functionaries to change mind set from red tapism to public oriented.

Provisions of deem PIO u/s 5(5) & seeking assistance from any other officer u/s 5(4) for proper discharge of duties under this act indicates collective team work, & joint as well as several responsibility concept in right manner.
Most important provision u/s 6(2) is applicant making request shall not be required to give any reason for requesting information.
One of the debatable provision u/s 3 , 5, to 8 & 18 & 19 is :-
Section 3 of the act provides right to information for citizen while section 6(1) provides "any person who desires to obtain information shall make request", Provisions of reasonable assistance to the person seeking information under section 5(3), 6(1), & 7(4), NOTE UNDER SECTION 8(J), 18(1), & 19(1) provides for accessing information to person. thus it has wider connotation than citizen to cover at large, if refer the definition of person u/s 2(31) of the income tax act 1961 & definition of person under law lexicon.
In this chapter & even under the act too if analyzed perhaps one of the most important section is section 4 pertains to proactive disclosure. which provides to prepare & place on web site 17 manuals information sua moto.
17 manuals which provides for disclosing proactively in print form as well as on web site. if looked 17 manuals of PAD covers right from details of organization, it's aim, vision, mission, duties of organization, duties of it's employees & officers,, channel of supervision, job description of staff, citizen charter, remuneration to staff, directory of officers & staff, record maintained & available, budget, concession, permit, subsidies, &facilities given to the citizen to access information et. Thus PAD covers almost every details of organization falls under public domain.


Chapter 3 & 4 of the act
-----------------------------------------------
Provides for constitution, term of office, & remuneration of commission & it's staff, Of central information & state information commission under section 12 to 14 & 15 to 17 respectively.
Prime Minister/ chief minister, Leader of opposition, & cabinet minister nominated by P.M./C.M. in case of CIC/ SIC respectively is the committee for selection of chief information commissioner & commissioners. Act also provides to appointment of CIC & not more than 10 commissioners from the persons of eminence in public life wide knowledge & experience in law, science, technology, social service, management,, journalism, mass media or administration & governance.
Tenure of commission is five years or attaining age of 65 years which ever is earlier.
Salary & allowances payable to & other terms of conditions of service of CIC are the same as of chief election commissioner while an information commissioner is the same as of election commissioner.
CIC & I.C. shall be removed from his office only by order of president on the ground of proved miss behavior or incapacity after the supreme court on reference made to it by the president/ Governor respectively in case of central & state information commission.

CIC OR I.C. may resign from office tendering resignation to president or Governor in case of CIC/ SIC respectively.
Provisions are also there for removing CIC or I.C. on the ground of insolvency, moral turpitude, engage in public employment outside duties of office, infirmity of mind or body or acquiring financial interest likely to affect prejudicially his functions.
Thus office of CIC/ & I.C. are of high esteem & under constitutional provisions. also it is independent of any interference of executive, judiciary or parliament. Of course selection of CIC & I.C. is seems dominated.
Section 19 provides for appeal provisions.
U/s 19(1) any person who does not receive a decision within the time specified u/s 7 (1) or clause 3 of section 7 or is aggrieved by a decision of PIO may within 30 days from expiry of such period or from receipt of such decision prefer an appeal to such officer who is higher in rank of PIO.
This implied provisions are there to have immediate superior of PIO to be first appellate officer. Discretion is also given to F.A.A. to admit an appeal beyond 30 days if he/ she satisfies that applicant was prevented from making an appeal due to sufficient reasons.
while for second appeal against the decision of F.A,.A. within 90 days provision is there. Thus one can not move directly to second appeal before commission. Here also provision is made to allow delay appeal by commission.
Of course ground is open for applicant to complain directly u/s 18 to the commission.
Time limit for disposal of first appeal is ordinarily 30 days while with recording reaso0ns of delay period of disposal of first appeal is 45 days. While no express provisions of time limit is made in the act for the disposal of second appeal by commission. which may put similar scenario at information commission level as of pending court cases across the nation more than 2.5 crore in various courts including high court & supreme court.
Commission is empowered under section 19(8) for securing compliance from public authority, also require public authority to provide access to information, appointment of PIO, publishing certain information, make necessary changes in it's practice in relation to the maintenance & management & destruction of record, enhancing the provisions of training on RTI to it's officers & providing annual report.

commission is also empowered to impose penalty
or reject the application.
One of the mo0st important provision under this section is to give compensation to the complainant for any loss or detriment suffered.
U/s 20 commission is empowered to impose penalty to PIO for refusal of information without reasonable cause or refusal to receive application or furnishing wrong, miss leading information, destroying the information or not scrupulously following time limit specified.
Penalty provided is Rs. 250/- per day maximum Rs. 25000/ Of course provision is there to give reasonable opportunity of being heard to PIO before imposing penalty. Apart from penalty provision is also there to recommend public authority to initiate disciplinary action in case of in case of without any reasonable cause persistently failed to furnish information.


Looking to the provision u/s 19(8) provision is there to ask public authority to give compensation to the applicant by commission.
While u/s 20 PIO may be imposed penalty which if read section 5(5) includes deem PUO too. But there does not seem express or implied provisions for penalty to first appellate authority or to public authority in case of violation of provision of this act especially appointment of PIO/ APPELLATE OFFICER or non compliance of section 4 proactive disclosure & section 4(c) * (d) to publish relevant facts affecting public or to communicate to affected people of quasi or administrative decisions.
Under chapter 6 of the act section 21 provides for protection of action taken in good faith, thus no suit , prosecution or other legal proceeding shall lie against any person for any thing which in good faith done or intended to be done under this act or rules.
Section 22 provides for overriding effect of RTI act over official secrets act 1923 & any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.
Under section 23 bar of jurisdiction is there. Accept appellate provisions under this act no court shall entertain any suit, application or other proceeding in respect of any order made under this act.
Section 24 provides for exemption to certain organization from implementation of this act up to certain extent. Such central list is of 18 organizations while Gujarat state list is of 11 .
Central list is given in second schedule while state list is notified by state. Both are reproduced.


THE SECOND SCHEDULE
(See section 24)
Intelligence and security organisation established by the Central Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Prontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D.-CB, Dadra and Nagar Haveli.
18. Special Branch, Lakshadweep Police.

N O T I F I C A T I O N
Home Department
Sachivalaya, Gandhinagar.
Dated the 25 October, 2005.
No. SB.I/102001/8203/GOI-62-(Part file): In exercise of the powers conferred by sub
section (4) of section-24 of the Right to Information Act 2005 (22 of 2005), the
Government of Gujarat hereby specifies with effect on and from the date of
publication of this notification in the official Gazette, the following as intelligence and
security organizations, being organizations established by the State Government and
State that the provisions of the said Act shall not apply to the said organizations.
1. State Intelligence Bureau.
2. Criminal Investigation Department.
3. Anti Terrorist Squad.
4. Commando Unit.
5. Border Wing Home Guards.
6. State Reserve Police Force.
7. Local Intelligence Branch. (L.I.B.).
8. Local crime Branch. (L.C.B.).
9. Following branches of the Commissionerates of Police
1. Special branches.
2. Detection of Crime branch. (D.C.B.).
3. Prevention of Crime branch. (P.C.B.).
10. Special branches of Home department, Sachivalaya, Gandhinagar.
11. Forensic Science Laboratory. (F.S.L.), Gujarat State, Ahmedabad.


These organizations are exempted from disclosing information under RTI But in case of corruption & human rights violation they have no exemption & in both such cases with the consent of commission provision is made to provide information within 45 days.
section 25 provides for monitoring & reporting. It provides each public authority shall prepare & submit periodical information of applications received, fee, charges recovered, positive, negative disposal, exemptions invoked for denial, cases of appeal etc to the commission through state or central government. Commission will prepare annual report to place it before parliament or state legislature. Here note worthy point is the matter to be reported covers efforts by public authority to administer & implementation of the spirit & intention of the act & recommendations for reform including in respect of public authority for development, improvement, modernization, reform or amendment to this act or common law or any other matter relevant for operational sing the right to access information.
Thus periodical review of functioning of public authority as well as necessary amendment required in acts are taken care of. This is an opportunity to introspect & evaluate each public authority annually.
One of the interesting provision u/s 25(5) is if it appears to commission that practice of public authority in relation to the exercise of it’s functions under this act does not conform with provisions or spirit of this act it may give to the public authority a recommendations specifying the steps which ought in it’s opinion to be taken for functioning such conformity.
Section 26 provides for training programmes & awareness to public especially disadvantaged community to exercise the rights contemplated under this act. Also provide for encouraging public authority to develop & organize programmes themselves. , promote timely disseminate information by public authority & imparting training to officers. Also provides for requiring public authority to publish guide in official language within 18 months & to up date periodically.
Section 27 provides for rule making to implement this act by appropriate Government I.e. centre or state.
Rules may be made for :-
Application fee, cost price of material for dissemination, charge for documents & inspection etc. Thus charge for proactive disclosure, material , inspection sample & other documents. Section empowers to make rule for salary & allowance & terms & conditions of service of officials & staff of commission, procedure of appeal etc.
Section 28 provide for rule making power by competent authority like office of president, Governor, speaker,, High court & supreme court, comptroller general & such other constitutional authority. etc.
They are having same powers as under section 27 except to make rules for salary & allowance & conditions of service & procedure of appeal.
Section 29 provides for laying rules before parliament Or state legislature. While section 30 provided removal of difficulties by central government. But looking to the provision “after the expiry of two years no such order shall be made” Now it has just academic relevance. No such order within two years are made.
Section 31 provides for repealing freedom of information act 2002. thus it is also just academic.
In last chapter of the act important provisions are even securing law enforcement organizations are also not absolute so far as corruption & human rights violations are concerned.
Training provision under section 25 & 26 to officers & public to use & implement act are certainly innovative & welcome. While review & monitoring provisions of 25 it self are an essence of era & demand of time. This will also encourage third party inspection of public governance in particular.
If referred constitutional provisions under article 19 freedom of speech & expression & article 21 right to life & liberty implied provisions are already there under freedom of speech to seek information. Because unless & until true information is not available to person how one can express views in speech? Thus it is pre requisite on the part of public authority & government to put in public domain facts of governance, so that people can analyze & debate in speech Or question public authority it’s decisions in public interest. In their speech to express their impartial & neutral views.
Like wise right to life & liberty implies to seek information to protect self life & liberty. If true information is not availed how one can protect or defend one self?
Thus to cherish these constitutional provisions express provisions are made under RTI act 2005.
Prior to RTI 2005 efforts were made in this regard by enacting freedom of information act 2002 but certain provisions like constitution of information commission & penalty provisions & also adherence to prescribed time such provisions were absent in that act. Thus RTI act 2005 has plugged these loop holes.
Of course constitutional provisions are there for citizen are on par with principles of constitution as it has been enacted, adopted by citizen & given to themselves. But RTI’s provisions especially under section 5, 6, 7, 8, 18 & 19 giving person access to information & if referred definition of person under section 2(31) & law lexicon defining person scope is wide enough beyond citizen. Thus it includes an individual, Hindu undivided family, partnership firm, Non government organizations, company, body of individuals, association of persons etc. Which is not limited to citizen as connotation of person is far wider than mere citizen under the citizenship act 1955.
Looking these provisions one can say vision is more enhanced under RTI for enforcing transparency & accountability.


Rules 2005 & 2010 by Gujarat state

Application fee kept Rs. 20/ for other than BPL applications.
Mode application fee earlier was either of
Cash, demand draft/ pay order & non judicial stamp paper .
While charges where payable in cash or through D.D./ pay order.
Inspection fee for fi9rst half hour nil & for next half hour or part of it Rs. 20/
Charges for sample model etc actual cost
While for A /4 size copy charge is Rs. 2 Per page & for larger than that actual cost of Xerox.
Rules amended in march 2010 provided application fee same but enhanced mode of payment beyond above 3 i.e. through court fee stamp, revenue stamp, judicial stamp, postal order & government chalan.
While charges can also be paid apart from cash , D.D./pay order through postal order, government chalan.
Thus by amendment mode of fee & charges are enhanced to facilitate the people of remote places & rural background. This is in right direction too & in consonance with spirit & intention of the act as provided under s. 25 Amended rules also provides for levying charges of documents 7 inspection fee as per if department rules if provision is made, thus to follow scrupulously departmental rule in this regard & in the absence of it these rules to follow. This provision was just limited to inspection only in rules 2005.. Thus it is facilitating to both public authority & person or applicant. Also this can prevent any contravention under departmental rules & RTI rules.
One rule may come in controversy is Rule & providing identification of citizen if required, looking to the provisions of act u/s 5 to 8, 18 & 19 if person can seek information than this may dilute spirit of the act if abused.
Various forms are also prescribed under rules to file application, form A ,to intimate to pay the fee form B, to supply information form C, to reject the request form D, to transfer form E & for first appeal form F. It is also clarified under the rules that it is just guiding & applicant can ask for information even on plain paper giving bare minimum details of name, address, contact No., details of information & office from whom seeking information.

































Chapter 2

To study the mechanism for implementing RTI act

If referred RTI act it has provided very good mechanism for implementing the act.
Section 2 (f) well defines the public authority who are supposed to implement the act.
Section 4 provides for proactive disclosure under 17 manuals to be prepared & put on web site of each public authority within 120 days of enactment of the act, not only that under section 4(4) it provides for dissemination of all 17 manuals in cost effective manner in local language for wide access.
Section 5 provides for appointment of PIO & APIO within 100 days of enactment of the act. PIO is the centre point under the act for most effective implementation while s. 5(4) provides for seeking help of other officers & employees to dispose off request under RTI.
While 5(5) covers every body whose assistance is sought as deem PIO. Thus responsibility & accountability is determined.
U/s 6 (3) act has provided to transfer the application within not later than 5 days, if the subject matter of information is not belongs to PIO’s public authority than the P.A. to whom entire or part of it applies. This rather than refusing or returning the application provision is made to transfer to concerned P.A. to ensure process of application that to under the intimation to applicant. Here also time stipulated u/s 7(1) to dispose off application remain same i.e. 30 days. while in case of life or liberty 48 hours. Thus prescribed time limit becomes mandatory to preserve to dispose off application within stipulated time to maintain high spirit of the act.
Section 7(3) provides time limit for disposal along with documentation charge if to be levied except from B.P.L. Thus provision is made in case of who are not in a position to afford fee or charges are exempted from Payment under section 7(6). Simultaneously in the case of not furnishing the information within stipulated time provision is made to provide information free of cost, means for any omission or commission burden is on P.A. &P.I.O. If interpreted this section due to many circumstances or reasons especially in case of old record or voluminous information if matter got delayed PIO shall provide information free of cost to the applicant. But act is silent about from whom monetary burden occurred to public authority be recovered in such cases. Obviously PIO himself is not going to process these kind of cases to reimburse the loss occurred to authority due to his/her or subordinate’s omission or commission. Neither act has provided to review such cases at public authority level or departmental level except submitting annual report to commission. Looking bulk/ number of applications across the state practically it does not seems possible to review these cases at either information commission level or at assemble level, except computerized analysis is available PIO wise.
Incidentally during 5 years still no such report is prepared in many of the commission offices.
Section 8 has taken care of exempted category of information like sovereignty, integrity of India, court contempt, trade secrets or intelligent property, breach of privilege of parliament or legislature, cabinet papers & deliberations of meeting of officers, safety or security of life of informer, impede the process of investigation, or prosecution or apprehension of offenders & personal information. Simultaneously act provides that information which can not be denied to parliament or legislature shall not be denied to person is well in consonance with the spirit & intention of the act. But controversy may arise in categorizing personal information. Act provides “Disclosure of which has no relationship with any public activity or interest or which would cause unwarranted invasion of the privacy of the individual.
Looking to the provision any personal information may be denied by PIO. Even in appeal interpretation of the act or matter may benefit to PIO to defend for denial or delay. Vise e versa PIO may be penalized by commission for otherwise interpretation. Such information may be obstructed where prima facie in the interest of transparency & accountability require to disclose.
Glaring recent example of telephonic conversation of NIRA Radia of vaishnavi communications with host of politicians, bureaucrats & government agencies in the power corridor for allotment of 2 G spectrum wherein even comptroller & auditor general of India the apex body to audit public finding has also estimates the revenue loss to the government to the tune of Rs. 1.76 lakh crore. On publishing in media such conversation tapped by enforcement agency RATAN TATA the top most industrialist has approach the supreme court to prevent the publication of such & to call back all the tapes citing breach of privacy.
Looking to recent various scams/ scandals in governance & corruptive practices like common wealth games, out of Rs. 80000/ crores 40% corruption is estimate even by CAG,, Adarsh society scam in Mumbai where in by manipulation other than real beneficiaries claimed houses & allotted worth millions of Rs., & 2 G spectrum stated above involving than telecom minister A RAJA etc, in which even involvement eminent journalists like BARKHA DATT, VIR SANGHVI, etc for special favor or lobbying of particular corporate sectors are also alleged. In such cases though conversation may be personal public interest outweigh in importance & that’s why it becomes incumbent on the part of P.A. to disclose such for larger public interest though once approaching the court for privacy protection transparency is being scuttled. Thus personal & third party information needs to be clarified more like any information which is part of legal requirement, though personal should be disclosed. Or what ever information given by person or third party as part of statutory requirement should be in public domain.
From this perspective & looking to scams done by corporate sectors time to time one of the good example is the case of fourth largest computer software company of Satyam, wherein Raju the than CEO had manipulated the accounts & committed irregularities by misappropriating the company fund to the tune of Rs. More than Rs.6000 which still unresolved. The case certainly compels to reinterpret the section of exemption under the guise of either personal or third party information. Looking to public money generated by public limited company & corporate sectors question o becomes round the cp]corner is beyond share holders in case of public companies too people should have right to know about credentials, business strategy, management & company policy apart from financial result of the company. This certainly force the law maker to include public limited company too under the domain of public by covering it under the definition of PUBLIC AUTHORIYT.
Similar is the case with third party information under section 11.
Constitution of commission u/s 12 to 14 & 15 to 17 is to be guardian of act independent of any tier of constitutional authority.
Commission under the act is vested powers of civil procedure code 1908 for appellate procedure & also empowered to impose the penalty per day Rs. 250 up to maximum 25000/
As per media report Gujarat information in past 5 years has imposed penalty to various PIO to the tune of more than Rs. 6 laks in more than 65 cases.

But there is no provision to impose the penalty to First appellate authority.
Training provision u/s 26 is to maintain spirit & intention of the act is certainly praise worthy. And monitoring & reporting provision u/s 25 is also good but as pointed out earlier such monitoring & review at public authority level should also be enforced for better evaluation.
Otherwise than this in aggregate act has provided sufficient mechanism to implement the act.




















Chapter 3

Study the administrative machinery in place in Surat municipal corporation towards implementation of the act.

Smc is a local self government having 326 Sq. K.m. area, 38 municipal wards of election, 114 municipal councilors, more than 80 departments looking after public & civic services of more than 3 million population as per 2001 census which is likely to cross four million in 2011. Annual budget of SMC is more than 2200 crore for 2010-2011

Smc has it’s own website www.suratmunicipal.gov.in it has put on web site information consisting of more than 1000 pages.
Sufficient details of organization, it’s duties, obligatory & discretionary function, it’s vision, mission is also placed on web site. Act under which it is governed i.e. BOMBAY PROVINCIAL municipal corporation act1949,, development & control & regulation act is also placed under which building construction is regulated.
On which majority of proactive disclosure is also being displayed under section 4 of the RTI act. Out of 17 manuals only job description & channel of supervision two manuals need to be strengthen while rest of manuals are satisfactorily displayed.
Powers & duties of officers:-
Commissioner is the CEO, other authorities are General Board, & standing committee. While special 11 committees are also there.. They are deriving powers from BPMC act which is placed on web site. Of course latest amendment incorporated in the act are not displayed like, 74th constitutional amendment & other amendment like 9increase in the tenure of mayor from one to 2.5 year etc. What ever powers delegated by commissioner to DMC, AMC, city engineer, Town development officer, town planner, executive engineer, & such other functionaries are placed on web site along with powers & duties of municipal secretary & municipal chief auditor. In decentralized administration SMC is divided in to 7 zones apart from head quarter. Thus duties & powers of subordinate staff is also put on web site. But the same has not been placed for smaller departments like cultural, public relation, record, SUMAN school are few examples.
Under manual 3 & 4 procedure followed in decision making including channel of supervision & norms set by it for discharge of it’s duties, most of the department has shown channel of supervision like all zones, hydraulic, drainage, museum health, sanitation, simmer medical college &hospital, bridge, town planning & town development, etc are the examples. While norms for engineering & health complaint & services is placed on web site like some within 24 hours, some within 48 hours, & others within 3 & days respectively depending on the priority of the essential service. But for rest of departments like property assessment, plan permission, repairing permission, or communication, shop & professional tax registration, water & drainage permission, etc are not placed, which may be called part of citizen charter. On asking majority of PIO has replied that it is already under process including publication of section 4 , 17 manuals in print form.
Citizen charter & norms of work is such an essential information which can never be ignored nor keep under wrap, thus it need to be displayed & published.
So far as statement of records is concerned SMC has displayed on web site it’s record classification rules under A, B, C,D CATEGORY. Actually these record classification rule are way back 1966 under Surat borough municipal rules i.e. almost 44 years back, meanwhile many new, jobs, responsibilities & record has been crop up & created with the passage of time with the departments like SMIMER medical college, indoor stadium, zones, science center, energy saving, solid waste, etc along with newly central & state sponsored schemes like J.N.U.R.M, prevention of aids like internationally sponsored scheme etc. Which require to be up date record classification rules &most important is RTI section 4 provides for displaying & publishing actual record held by public authorities not only the list of record classification.
Thus SMC need to prepare duly classified record held by it under RTI act.
SMC has place on web site good disclosure of manual 5 , i.e. rules, regulations, , manuals & record held by It & used by it. In this apart from BPMC ct, development & control & regulation act,, list of Gujarat civil services rules, shop & establishment act, , food & drugs prevention of adulteration act, zoo rules, profession tax provision 7 such others are given. By & large it is quite satisfactory.
Under manual 7 & 8 particulars of any arrangements that exist for consultation with representation by the members of public etc SMC has put on web site it’s ward committee various statutory committees numbering 12, details of apex committee & general board, executive committee for SMIMER medical college etc indicates sufficient information under this category.
Under manual 9 & 10 SMC has placed on web site which is hyper link with PAD under RTI act very elaborate information of directory of officers & employees & their remunerations, including name, designations, contact information, address, categories, class, date of joining, date of promotion, transfer, &date of retirement along with monthly & progressive salary details. Even search option is provided to get details each category wise.
Apart from that well appreciable efforts are made by SMC to put on KIOSK machines at 10 civic centers at different locations across the city/ zones, which provides to access of information belongs to property tax status, shop registration status due7 paid tax, details of shop registration & renewal, registration of birth 7 deaths etc in local language. It is user friendly too. Thus many public oriented information people can get sue moto on their own without asking. Even as a part of E. governance a step ahead, mobile governance efforts are also initiate for vaccination message by pregnant women, infants, in which system generated message is sent on given mobile number to remind the schedule. This is certainly an innovative concept as mobile communication is very fast & easily accessible considering the users across the nation to the tune of almost 65 to 70% of total population of India, very fast communication means too. Complaint management system is also developed, the compliance of which may be given by system on given mobile number once it is redressed & confirmed by the officer responsible officer.
Major budget provisions are already displayed on web. Zone, department, project revenue & capital income & expenditure wise. But so far as summary is concerned it is in revenue & capital wise. It should rather be aggregate also to better understand common man.
Subsidy programme & particulars of recipients of concessions, permits are also displayed. Smc has allotted E.W.S. houses under J.N.U.R.M. scheme, details of beneficiaries of thousands when allotted is displayed by slum up gradation department of SMC.
Other details like beneficiaries of toilet schemes, urban community development schemes, etc is under process to be displayed. While permit holders like licensed architect, plumbers for water & drainage connection etc are placed on web.
The details of information available in E. form is placed on website & simultaneously put on kiosk machines at various civic centers across the city. Smc has 15 such civic centers Out which on 10 kiosk machines are placed to better facilitate the people to avail details under public domain at their door step. Civic centers are providing services to pay property tax, shop registration, pay profession tax, register birth , death & marriages, give applications regarding civic services & complains etc. Not only that all the civic centers are accepting applications under RTI belongs to any public authority/ PIO or appellate authority apart from request of SMC. Thus SMC has displayed proactive disclosure up to major extent & for rest it is in pipe line as this is continuous process.
So far as RTI applications are concerned that can be given at any civic center either in prescribed form available from there or even on plain paper giving the details of name, contact, address Name of PIO or public authority & details of information, at all CCC arrangement is made to receive application fee in cash apart from applications with other mode of fee. The role of civic centre in charge is to accept the application & put up before PIO either to process or to transfer within 5 days. Every such application is enrolled in to computer programme designed by smc in the form of prescribed register directed by state under section 25. Programme prepared for this is taking care of right from receipt of application to final disposal or rejection including details of information, mode of fee, name, contact & address of applicant, BPL, public authority, details of transfer, details of documentation & inspection charges with payment mode, disposal, transfer within after time, & whether went to appeal or not etc. Thus it is very comprehensive programme on the basis of which periodical reports are extracted to send to government & commission. pre listed classification is also provided to categories the
purposes for which frequent application are received like shop registration, birth & death registration, property tax assessment details, plan permission, illegal construction, health & sanitation related civic services related, employees & officers information etc.
from the programme it self details is availed like timely disposal, beyond time disposal, positive, negative disposal, if rejected under which section, details of fee & charges etc. So far as this software programme is concerned perhaps SMC is form one of very few such authority who might have developed this.
SMC is putting all first appeal orders on it's web site in public domain. for this study it has been obtained from there it self & rest from it's RTI CELL. except information commission no other public authority has been found doing this on referring websites.
So far as section 26 is concerned SMC has done commendable job of utilizing grant given by state through Sardar patel institute of public administration Ahmedabad, to conduct awareness & campaign programme & training programme. Out of given grant of Rs. 2.3 lakhs at various 15 conspicuous public places & at all zone offices hoardings & banner, display boards are placed to educate & make aware public to use RTI., giving glimpse of act. Not only that SMC is used to circulate scroll on it's digital display board too at different location to informing people to use RTI & visit SMC web site.

SMC has designated 28 number of PIO & 77 number of APIO in 2009-2010 period under study. As per the details obtained from SMC ,Gujarat state RTI annual information system shows the status of smc as under.



YEAR PIO Appellate
Authority No. of requests
accepted Request disposed No. first
appeals Disposal
05 --07 18 1 974 775 103 85
08--09 25 3 2934 2288 427 412
09--10 28 3 6366 4903 463 463





YEAR PIO Appellate No. of request No. first Dispo- request accepted appeal sal


05-07 18 1 974 775 103 85


08-09 25 3 2934 2288 427 412

09-10 28 3 6366 4903 463 463


Initially one appellate officer was there i.e. commissioner that deputy municipal commissioner was there as such & from 08-09 3 appellate officer are designated.
in 2005-07 section 8(1) e i.e. fiduciary relations was invoked in 5 cases seeking details of tender which was not sanctioned till the application & details of inquiry process which was also pending.
In 07-08 S/ 8(1) j i.e. personal exemption was invoked in 5 cases while 8(1) i in one case i.e. record of deliberations of meeting of officers in case of pending tender.
in 08-09 section 8(1) g i.e., danger safety of person, (h) one time i.e. . impede process of investigation,(i) one time while in 29 cases others were invoked like non availability of record or applicant seeking info not available on record materially.
IN 09-10 SECTION 8(1) a 3 times C 3 times, g 5 times, j one time , section 9 one time , section 11,13 times & others 41 times totaling 65 cases provisions of rejection are invoked. Which include three cases under sovereignty & integrity of India, One case under breach of parliament/ state legislature/ general board of corporation, five cases pertains to safety of persons provided information, one of personal information & one of infringement of copy right, 13 of third party & 41 others. Out of 6366 applications which if looked at statistics is just 1 % of total applications.
Some first appeals shown in report as dismissed but referring detail appeal orders placed on web & in records in those cases applicants were furnished information while pendency of appeals.

Amount of charges received in 09-10 is 275066/-

If analyzed 41 cases of first appeals dismissed some of applicants insisted to provide the information visiting the site wherein illegal construction is going on, This tantamount to generation of information while as per the provision under section 2(f) & (g) information held & under the control of public authority & materially available is to be provided. Thus information is not to be given after generating. In such cases dismissal of appeal seems in consonance with the provisions of the act.

Details of PIO wise applications received & disposed off for the period under study i.e. 1/04/09 to 31/03/10 & 1/01/09 TO 30/09/10
in tabular form is:-














If analyzed the data average rejection of all pio is less than 50 i.e. less than 1% of total applications.

On an average all PIO's disposal of fully provided information range from 60% to 92% while disposal after time is less than 20% for all. pending cases ratio range from less than 1 % to 3 %.
On asking to PIO's they cited some of the reasons for pending applications or disposal after time are applicants reluctant to pay charges foe documentation or inspection after intimation, seeking voluminous information of multi authorities in the same applications in which many a time applications duly transferred are received late, Under the guise of BPL seeking bulk information or applicants asking numbers of questions to reply & seeking information of very old record of personal nature like deed, property deed, sale deed etc.
So far as disposal in 09-10 is concerned they also stated that in most of the cases applications are physically disposed within time but it takes time to enter in the programme this shows little delay on paper.
One of the important reasons cited by all pios for late disposal in some of the cases is in the act there is no provision to file in case applicant is not turning to get details paying prescribed charges. Thus until he turn back or pio after giving added opportunity file the request considering applicant is not interested in getting details it remains pending.
Applications received & disposed during 09-10 if analyzed out of 6366 applications 1036 were pending on 31st march 10. SMC is receiving 500 applications p.m. On an average, looking to that ratio normally if applications are pending around thousand it shows of just a month backlog.
Bifurcations of details of applications duly classified is :-


Kind of applications Numbers % of total applications
Illegal construction plan permission 1919 30
Property tax assessment 309 5
Birth & death
registration 95 1.5
shop registration &food license 302 5
civic services related 328 5
Officers & employees related 397 6
Resolutions, proposals, circulars 152 2.5
Miscellaneous 2864 45





Kind of applications Numbers % of total applications

Illegal construction 1919 30
plan permission

Property tax 309 05
assessment

Birth & death
registration 95 1.5

shop registration 302 05
&food license

civic services related 328 05

Officers & employees 397 06
related

Resolutions,
proposals, circulars 152 2.5

Miscellaneous 2864 45

Miscellaneous applications include external transfer to other public authorities like surat urban development authority, collector, police authorities, regional transport, pollution control, district panchayat etc. while internal applications of smc like, post mortem report, purchase of equipment in hospital & medical college, details of tenders, land non agriculture, vaccination insecticide purchase, cattle pound & slaughter house, personal documents or deed, details of vehicle & use of fuel in SMC, contractual computer operators,, gardening, log book of vehicles, slum shifting or allotment, school leaving certificates, details of private schools, use of cement & steel in project, other project details, data of rain, seeking copies of other applicants under RTI, high tension line of GEB,, list of BPL, guardian meetings & education to all i.e. sarva shiksha abhian etc.


Also as per available details for 1/04/10 to 30/09/10 all pio wise summary which indicates during 6 months of 10-11 total 3336 applications received. Of which 183 were of BPL. 95 were transferred to other public authorities while 635 transferred internally to various PIOs in SMC. 2376 applications were given full information including 147 BPL. Out of which 46 were fully rejected. Only 9 were partially rejected.
1991 applications were disposed off within time limit. Thus almost 60% disposed off in time. 71 % provided full information 7 just 1.5% fully rejected. At the end of six months 175 applications were pending I.e. 5% . while on an average556 p.m. received in 10-11 951 beyond time limit applications found. i.e. 28% time bar.
Conspicuous point is 635 applications fully 7 106 partially transferred in SMC internally. Thus 22% applications belongs to multiple PIOs in same public authority i.e. SMC. While 125 i.e. 4% transferred externally.
On finding reasons for time bar applications jointly of all PIOs it is found that physically it is being disposed off but entered in to programme later on in the computer programme. Which indicates that in actual it is not that much time bar. Feed back given by majority of pio Including of than appellate officer & Deputy municipal commissioner & now conservator of forest shri Mahesh Singh & even the same is corroborated by ceo & commissioner in her interview.
If claim is compared with first appeals of same duration it is 207 I.e. 6.2%% means less than 7% first appeals are recorded. This support the stands taken by all PIOs of timely 7 positive disposal of applications received to the extent.
Against 556 applications per month receipt at the end of six months in 10-11 175 are pending. This shows disposal within stipulated time.
If compared appeals & applications during 09-10 total applications received are 6366 while appeal in 09-10 is 463 thus 7.27 i.e. less than 8% first appeals are reported.
Note worthy point is all PIOs are used to write in every supply of information letter the details of first appellate officer & provision of first appeal by the applicant within 30 days. They mention this without recourse to supplying full & affirmative reply to the applicants. It is pertinent to note that even at first appeal except applicants are received the information while appeal procedure in most of the cases orders were issued in favors of applicants directing PIO to furnish information not provided including order to provide inspection to the applicants.

Looking to backlog in information commission the status of second appeal in the cases applicants preferred against the decisions of first appeal is not available for the period under review. Though out of total 14977 applications received in SMC from the commencement of the act number of cases of second appeals are 111 up to 30/09/10

Until now in almost all of second appeal decisions of first appellate authority are upheld so far. None of the first appellate officer is flayed or overruled by information commission. Of course in only one case penalty of Rs. 16000/ is impose on one pio for providing information late even after the order of first appeal.



Status of second appeal art commission level duly disposed off & order received so far is given bellow.



Orders of Gujarat information commission in second appeal against first appeal ordes.

Sr. No. First appela NO. & Date Second Appeal No. & Date Order Of GIC
1. 1/ 23/12/05 627/ 03/01/06 Complaint disposed off
2. 2/13/01/06 71/29/04/06 Applicant withdrew appeal
3. 5/24/01/06 91/31/01/06 Complaint disposed off
4. 6/17/01/06 10/06/01/06 Upheld the reply given by PIO smc on Dt. 4/02/06
5. 28/7/08/06 685/07/07/06 Remanded to first appellate authority to dispose off
6. 16/31/05/06 292/28/06/06 Appeal dismissed
7. 189/07/03/07 Compaline fasled/ dosmissed
8. 190/26/04/07 Ordered to provide info within 10 days free of cost. Regarding N.A. Asked applicatn to represent before collectorate
9. 89/29/05/07 270 &271/30/08/07 Ordered to provide specific information asked by applicant within 10 days free of cost
10. 89/ '' 272/ '' Appeal dis allowed
11. 59/07/04/07 298/02/09/07 Appeal p[artly allowed. Orderd to provide info within 15 days free of cost
12. 33/26/02/07,
150/31/08/07
152/03/09/07
168/11/10/07
170/15/10/07
176/18/10/07
175/18/10/07 497/06/06/09 Asked forest & enviuornment department to ascertain which P.A. Has to decide & inform to SMC & GPCB.
13. 665/18/01/08 Asked to put under PAD UNDER SECTION 4 (1) (B)
14. 139/14/08/07 823/29/01/08 APPEAL NOT GRANTED
15. 167/05/10/07 886/11/02/08 Disposed appeal As widrawn
16. 196/26/11/07 903/16/02/08 Technically partly allowed disposed of with advice directions to adhere to the time limits specified under RTI Act.2005
17. 85/ 934/06/07/07 The certified copy/ copies of the certificate be provided to the complainant free of any charge, within ten days.
18. 160/21/0907 1711/07-08 Complain withdrawn by applicant
19. 191/18/02/08 Ordered to provide inspection of the relevant record
20. 176/18/10/07 113/17/04/08 Appealed dismissed
21. 48/ 08-09 244/22/05/10 Remanded to first appeal officer to dispose u/s 19(6)
22. 50/ ‘’ 256/29/05/10 Remanded to first appeal officer to dispose u/s 19(6)
23. 255/19/03/08 333/12/05/08
415/08-09 Appeals dismissed
24. 247/10/03/08 385/20/06/08 Ordered to provide information free of cost of point No. 11& 12 within 15 days
25. 169/16/09/08 545/08-09 Complain partly allowed. Ordered to give three point information free of cost within specified time
26. 45/21/05/08 674/29/07/08 Applicant received information after order of F.A.A. but it was provided late by PIO. Penalty of Rs. 16000/ imposed on THEN PIO central ZONE Asst. commissioner
27. 73/16/04/07 717/06/06/08 Ordered to provide information to the complainant within 10 days
28. 173/19/09/08 840/24/08/09 First appeal was disposed off after complain. complainant was absent in hearing. No further submission. It is construed complainant is satisfied appeal is disposed off
29. 129/08-09
20/08/08 841/08-09
24/01/08 Ordered to provide available information to the complainant within 10 days free of cost
30. 93 /18/07/08 929 /30/08/08 Respondent’s appeal dismissed
31. 94 /18/07/08 930 /30/08/08 Respondent’s appeal dismissed
32. 95 /18/07/08 931 /30/08/08 Respondent’s appeal dismissed
33. 52/06/06/08 1086/24/07/08 Respondent’s appeal filed as per request
34. 59/06/06/08 1246 & 1274/22/09/08 Respondent’s appeal dismissed
35. 349/20/02/09 390/17/04/09 Ordered to here the appellant and decide the first appeal within three weeks.
36. 121/29/07/09 1144/29/07/09 Ordered to here the appellant and decide the first appeal within three weeks.
37. 97/06/07/09 1256/10/08/10 Ordered to here the appellant and decide the first appeal within three weeks.
38. 35/06/05/09 1306/06/11/09 Remanded to first appeal officer to dispose u/s 19(6)
39. 351.355,356
06/05/09 1307/06/11/09 Remanded to first appeal officer to dispose u/s 19(6)
40. 109/18/07/09 1508/05/09/09 Remanded to first appeal officer to dispose u/s 19(6)
41. 404/22/02/10 2565/09/12/09 Ordered to here the appellant and decide the first appeal within three weeks.
42. 358,359,362/
24/02/09 2686/04/01/10 Remanded to first appeal officer to dispose u/s 19(6)
43. 370/26/02/09 2665/04/01/10 Remanded to first appeal officer to dispose u/s 19(6)
44. 381/28/01/10 3248/02/03/10 Ordered to here the appellant and decide the first appeal within three weeks.
45. 357/366,367,
369
26/02/09 2691/06/01/10
2707/03/01/10 Ordered to here the appellant and decide the first appeal within three weeks.
46. 347/12/01/10 3269/05/03/10 Ordered to here the appellant and decide the first appeal within three weeks.
47. 397/10/02/10 540/15/05/10 Ordered to here the appellant and decide the first appeal within three weeks.


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So far out of total 14977 applications received in smc from the beginning of the act, 139 are rejected i.e. less than 1%.
While out of total 1409 first appeals 294 i.e. 20% are dismissed that is due to either applicants got information while pendency of appeal or they insisted grievance redressal rather than seeking information. Grievance redresasal is not within the per view of RTI act. In majority of the appeal cases rejected , applicants insisted to visit the spot & provide the information in actual practice under RTI act materially available information is to be provided. Though 80% of first appeals are accepted & disposed off in favor of applicants ordering PIO to furnish the information free of cost except where in applicants file first appeal delay without reasonable ground. Even in such cases it was order to provide the information to applicants with recovering charges of documents if applicable as for the omission or commission of applicants no public exchequer should suffer.
It is also pertinent out of total 14977 applications so far 1409 first appeals are recorded which is less than 10% of requests. Which indicate 90% of the applicants received satisfaction at PIO level.
In the feed back of than appellate officer & ex DY. M.C. has corroborated this stand, simultaneously he has also express worry towards abuse of act by vested interest elements to bargain in other way to get work done & withdraw RTI applications. Looking to current tendency of media personnel in case of NIRA RADIA & other media persons it is not execrated claim too.
If looked at the disposal of first appeal almost none of the case is beyond 45 days the period stipulate under section 19(6) to dispose of first appeal.
In the interview of commissioner Miss S Aparna has also supported the view expressed by DMC regarding PROACTIVE disclosure by & large satisfactory. Both have rightly admitted to strengthen the need to display citizen charter more comprehensively. While they have also supported the claim of 90% request disposal satisfactorily at pio level.
If looked at the analysis of request received almost 85% applications are either belongs to individual information or third party information. Which shows very few applications pertains to exposure of corruptions or bringing transparency & accountability. Of course seeking various kind of information including of individual nature certainly keeps the administration stand to vigil.
The facts on reviewing some of first appeal orders on random basis :-

Some of the applicants are used to make appeal directly to information commission without first appeal in violation of section 19(3) Like in case of Dr. Pradip martin approached the commission on 18/01/08, commission sought compliance from smc before trial,

In compliance commissioner smc & than appellate officer drawn the attention of commission towards statutory provision of section 19(3) where in before second appeal it is mandatory to have first appeal ultimately state commission remanded the case to first appeal officer in SMC wide it's order Dt. 28 Jan 08 in case No. 668/07-08
Some of the applicants insisting hearing in first appeal rather than disposal on merit. Particularly when voluminous applicants & corresponding first appeals are received, staff remains same while looking to statutory provision to dispose off first appeal within 45 days under section 19(6) practically it may not possible to call each & every appellant for hearing.
Spirit of the act says disposal of appeal on merit on the basis of facts & circumstances & documents Which maintains the spirit & intention of the act.
If hearing insisted in all the cases it becomes difficult to dispose off appeals within prescribed time limit. Also that may consume valuable time of public officers. Though smc is used to keep hearing in the cases requiring merit.
If referred the expert report of consultant Price water house cooper has also recommended in it's report to have alternative methods for early disposal of appeals at information commission level.
If compared & evaluated with the report the implementation of RTI IN SURAT on proactive disclosure , publicity & training front with the grant of state & own fund SMC is step ahead. Even at the beginning of the act training to all officers & zonal staff was imparted. Coincidentally SMC's RTI cell officer is a visiting faculty at SPIPA for RTI. Even some of the first appeal orders are also issued with reference to section 4 proactive disclosure & preamble of the act, & PIO was ordered to furnished information accordingly.
It is also pertinent to note here that STATE rule amended in march 2010 to include the mode of fee in the forma of postal orders, court fee stamp, revenue stamp, judicial stamp,& government chalan apart from cash, demand draft & non judicial stamp, While in SMC prior to that long back it was accepted in the form of postal order, money order to cherish the preamble to set out practical regime for access to information. This is beyond what price water House cooper suggested. Efforts of SMC to put kiosk machines at various civic centers is well within the spirit of proactive disclosure. Rather this is also a step ahead than what act has provided. Because looking to just 7% of population across the nation using internet What ever info placed on web will be of limited access while the details accessible through kiosk machines are locally available to every body visiting civic centre without recourse to net user or not. Thus it is more common man friendly & people oriented.
In case of applicant AMIT jethwa an RTI activist who murdered paid application fee & documentation charges by government chalan in treasury SMC had accepted the fee & provided information on 5th March 10 i.e. prior to amendment in the rules.

Details of such applications entertained by smc :-


Sr. No. Period Mode of fee No of cases
1. 2005-2006 Sp. adhesive stamp 4
2. '' Postal order 1
3. '' Money order 2
4. '' Court fee 3
5. 2006-2007 Sp. adhesive stamp 15
6. '' Postal order 8
7. '' Money order 5
8. '' Court fee 13
9. 2007-2008 Sp. adhesive stamp 8
10. '' Postal order 4
11. '' Money order 1
12. '' Court fee 20


Details of such applications entertained by smc :-
Period Mode of fee No of cases

05-06 Sp. adhesive stamp 04
'' Postal order 01
'' Money order 02
'' Court fee 03
07-08 Sp. adhesive stamp 15
'' Postal order 08
'' Money order 05
'' Court fee 13
08-09 Sp. adhesive stamp 08
'' Postal order 04
'' Money order 01
'' Court fee 20

Which indicates implementation of the act in true spirit in SMC.



Sr.No. Name of applicant Cause
1. Hemant desai & suresh patel Jari industry & chemical odor, noise pollution in walled city residential Ares.
2. Gula meman Illegal constructions in central & north zones

3. Natvar kabrawala Constructions of houses without N.A. Permission in same society of west zone
4. Sarver Husen Nagad Information of particular officer who razed his property encroached.
5. Jatin tailor To give him compassionate employment removing her mother thus internal family quarrel
6. Ramesh Jangid Illegal construction of specific educational institute & other property in west zone
7. Vithal pan patil BPL Providing basic amenities in illegal slums on railway land
8. Nirmala Rana property family dispute
9. Nilesh Lotwala Illegal construction in society seeking details of property of particular one officer involve in plan sanction
10. Dr. Babulal shah Officer who demolished his clinic near to creek seeking details of property & credentials, educational certificates of officer
11. Pravin prema patel
Purashottam patel for the reservation of land in which they are interested
12. Vijay shenmare Union leader & advocate seeking information of daily wagers to file reinstatement






On referring first appeal cases it has found that around 50 applicants who used to seek information frequently it has been found that repeated requests & appeals for the same cause. E.g.
Name of applicant Cause

Hemant desai & suresh patel Jari industry & chemical odor, noise pollution in walled city residential Ares.

Gula meman Illegal constructions in central & north zones

Natvar kabrawala Constructions of houses without N.A. Permission in same society of west zone
Sarver Husen Nagad Information of particular officer who razed his property encroached.
Jatin tailor To give him compassionate employment removing her mother thus internal family quarrel
Ramesh Jangid Illegal construction of specific educational institute & other property in west zone
Vithal pan patil BPL Providing basic amenities in illegal slums on railway land
Nirmala Rana For sale & transfer of property family dispute
Nilesh Lotwala Illegal construction in society seeking details of property of particular one officer involve in plan sanction
Dr. Babulal shah Officer who demolished his clinic near to creek seeking details of property & credentials, educational certificates of officer
Pravin prema patel for the reservation of land in Purashottam patel which they are interested
Anil purohit Ex. Contractor of mead day meal seeking information of successors activities in midday meal
Vijay shenmare Union leader & advocate seeking information of daily wagers to file reinstatement

On evaluation it has been found that repeaters are individually or personally interested & no public cause involved in repeat application for the same subject. Rest of occasional applicants getting information satisfactorily.

Interesting appeal orders on the basis of E. governance or digital governance.
In first appeal No. 132/ 10-11 Dt 13/07/10 applicant sought information of shop registration in the same property. PIO provided information. Applicant turned to first appeal claiming information given is not true but misleading. On seeking support to his claim he cited the reference of kiosk machine information saying there are two shop registration in the same property & both are having shop registration & he is seeking information of lokmanya mechanical works bearing shop I.D. 5/2016. On verification while appeal his claim found correct. Accordingly order issued directing pio to provide the information sought free of cost under section 7(6) of the act.
Another applicant Naresh bathwar sought information regarding death of meghwal samaj/ society in Bhari mata crematorium. Out of 7 zones only two provided information while rest denied on the ground of personal information of death registration.
In first appeal applicant contended that it is public information. During appeal referring the details put on kiosk pio was ordered to furnish information as birth & death registration is the information under public domain. Appeal No. 135/10-11 Dt 14/07/11

positive results of appeal cases under RTI few cases:-

1/ Navin chandra Rana sought information of tenement No. 27d 17-1741-0-001. PIO denied saying record sought is of 89-90 & in 04-05 creek flood it was destroyed/ drowned.
In appeal No. 165/10-11 Dt 23/09/10 PIO was ordered to give inspection & evidence of destruction of record in question. Simultaneously also asked to provide copies of assessment or status for available period. After appeal order PIO furnished the information including for the period in question tracing from previous record room.
2/ Applicant Laxmi patel sought information regarding payment of contract bills for past 3 years on Dt. 05/05/10. PIO south zone didi not furnished any information.
Applicant turned to appeal on 07/09/10 i.e. late by 65 days. No specific reasons provided for delay appeal except ignorance of law. Though appeal allowed. During trial of appeal PIO replied that bills are processed & sent for payment. This is glaring example of rather than information direct redressal of grievance.
3/ Dharmendra sought information on 12/03/10 regarding tenement No. 19-6-03-0021-0-001 How name of Tulsi omitted from the record & admitted of Ramji?
Pio replied that in 08-09 it was entered but did not replied how? During appeal PIO admitted that name was wrongly changed on record & original names are restored.. Appeal No. 110/10-11 Dt 02/08/10

4/ Similar is the case of Jagdish patel Appeal No. 151/10-11 In which case also pio accepted omission/ commission by wrong entry & during appeal original names of property holders restored on record.





Appeal orders refer & found in favor of applicants.




Sr no. Appeal No Date Information sought Order made in appeal
1. 2/08-09 3/4/2008 Property assessment To provide if necessary applying section 11 procedure
2. 05 to 07 2/4/08 Property transfer ''
3. 8/08-09 '' plan permission of other's property ''
request of providing visiting site rejected
4. 12/08-09 9/4/2008 Property transfer To provide if necessary applying section 11 procedure
5. 17/08-09 21/04/08 Property or part is in alignment or not Ordered to including map
6. 25/08-09 28/04/08 Details of tenement
no property plan permission, for 70 plots of society To provide if necessary applying section 11 procedure
7. 27/08-09 30/04/08 Copy of order of smc Dt. 26/05/03 Ordered to provide

8. 29/08-09 1/5/08 Details of holder of slum & salary detail of holder '' ''
9. 36/08-09 9/5/08 details of CRC
coordinator, schools,
education to all
responsibilities in section 4 PAD
free of cost invoking
ordered to provide

10. 38/08-09 14/05/08 Details of actions
taken on resolutions
of standing committee
by commissioner PIO denied information
saying under process
to seek order of
competent authority
u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process
11. 48/08-09 21/05/08 Ground on which
property under the
matter is not
regularized. To
provide documents
PIO initially denied saying court matter
ordered to provide
advocate's opinion
relied on to take
decision referring
noting of PIO applying section 7 &11
12. 78,79 Plan permission
copies To provide if necessary applying section 11 procedure
Free of cost u/s 7(6)
13. 82/08-09 3/7/2008 Details of reading room, commencement, permission etc '' ''
14. 137/08-09 27/08/09 job description of
Carious cadres
Of technical wing
Rules, resolution Ordered to provide section 4 PAD

15. 150/08-09 2/9/2008 Plan permission
Copies
PIO refused saying
old record not available of past 17 years. Ordered to give inspection to verify
claim
16. 195/08-09 23/09/08 Expenses incurred for
Repairing of road
In new city light
Within how much time
Potable water
Facility be availed Ordered to provide as per budget & sanctioned proposal
as it falls u/s 4

17. 197/08-09 30/09/08 In response to various
notices issued to
SMC how responded? PIO denied saying bilateral court matter No stay of court u/s 8(1) b, ordered to provide.
18. 238/08-09 9/11/08 Blockade of internal
Road of society
Is legal Or illegal?
PIO partly denied saying record not
Available while provisions u/s 4
Provisions refused. Ordered to provide
PAD while for record Inspection was oredered

19. 247/08-09 29/11/08 Impact fee calculation
&provision
Delay appeal, No justification for delay.
Though allowed. PIO Ordered to provide
Recovering documentation charges
20. 256/08-09 12/12/08 Name transfer status
procedure
Delay appeal ordered to provide entire procedure invoking section 4
21. 257/08-09 Tax increase proposal on the basis of media
report '' ''

22. 307/08-09 22/01/09 City surve No. 617
alignment, maps
circular etc PIO provided
information alignment
of 30 & 40 feet for
different period. Applicant challenged.
Ordered to provide inspection to verify u/s 7(9) &11 to BPL .
23. 322/08-09 2/2/09 Water & assessment
of newly merged area
details of appellate ordered to provide u/s 4 also asked to put on board such details
24. 323/08-09 4/2/09 office time of technical
staff
PIO replied old record
not available. Ordered
to provide u/s 4 PAD
25. 358TO
26. 359 & 362 24/02/09 construction going on
plots in Hawadia Chakla
plan permission etc
PIO asked for location
PIO ordered to provide as every going on construction to be display details of such on site also u/s 4 c & d
affected people have right to know invoked
27. 370/08-09 Sought information
of construction
plan permission
Insisted to visit site
& furnish
PIO supplied part info
said record not available. appeal partly allowed site visit persistence disallow. PIO asked to provide inspection
28. 416/08-09 25/03/09 Responsible staff
Complaints &
procedure done on
Community hall, rules
details of usage of PIO ordered to provide
u/s 4(1) c & d along with procedure done
& responsible officers
free of cost
29. 425/08-09 30/03/09 Details of property
transfers To provide record inspection free of cost u/s 7(6) if necessary applying section 11 procedure











Sr.No. Appeal No Date Information sought order made in appeal
1. 02/08-09 03/04/08 property assessment To provide if necessary applying section 11 procedure

2. 05 to 07 02/04/08 property transfer ‘’
3. 08/08-09 ‘’ plan permission of other's property ‘’
request of providing visiting site rejected

4. 12/08-09 09/04/08 property transfer To provide if necessary applying section 11 procedure

5. 17/08-09 21/04/08 property or part is in alignment or not ordered to provide including map

6. 25/08/09 28/04/08 details of tenement
no. property plan
permission, for 70
plots of society To provide if necessary applying section 11 procedure
7. 27/08/09 30/04/08 copy of order of smc Dt. 26/05/03 ordered to provide
8. 29/08/09 01/05/08 details of holder of slum & salary detail
of holder '' ''
9. 09/08/36 09/05/08 details of CRC
coordinator, schools, responsibilities in section 4 PAD
education to all ordered to provide free of cost invoking

10. 09/08/38 14/05/08 details of actions
taken on resolutions of standing committee by commissioner pio denied information saying under process
to seek order of
competent authority u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process.
11. 09/08/48 21/05/08 ground on which
property under the
matter is not
regularized. To
provide documents PIO initially denied saying court matter ordered to provide relied on advocate's opinion to take decision referring
noting of PIO applying section 7 &11
12. 7879 30/06/08 plan permission copies To provide if necessary applying section 11 procedure
13. 09/08/82 03/07/08 details of reading room commencement,
permission etc ‘’ ‘’
14. 09/08/37 27/08/09 job description of
various cadres
Of technical win Rules, resolution
ordered to provide ree 0f cost invoking section 4 PAD

15. 09/08/50 02/09/08 plan permission
Copies pio refused saying old record not available of past 17 years. Ordered to give inspection to verify claim
16. 09/08/95 23/09/08 expenses incurred for Repairing of road In new city light Within how much time
Potable water
Facility be availed ordered to provide as per budget & sanctioned proposal as it falls u/s 4
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
52.
53.
54.





Appeal orders refer & found in favor of applicants.


Appeal No Date Information sought order made in appeal

02/08-09 03/04/08 property assessment To provide if necessary applying section 11 procedure
05 to 07 02/04/08 property transfer '' ''

08/08-09 '' plan permission of '' ''
other's property request of providing visiting site rejected
12/08-09 09/04/08 property transfer To provide if necessary applying section 11 procedure
17/08-09 21/04/08 property or part is in ordered to provide
alignment or not including map
25/08-09 28/04/08 details of tenement To provide if necessary applying section 11 procedure
no. property plan
permission, for 70
plots of society
27/08-09 30/04/08 copy of order of smc ordered to provide
Dt. 26/05/03
29/08-09 01/05/08 details of holder of '' ''
slum & salary detail
of holder
36/08-09 09/05/08 details of CRC ordered to provide
coordinator, schools, free of cost invoking
responsibilities in section 4 PAD
education to all
38/08-09 14/05/08 details of actions pio denied information
taken on resolutions saying under process
of standing committee to seek order of
by commissioner competent authority u/s 8(1) I. Decision of
PIO UPHELD but ordered to provide the same on completion of decision making process
48/08-09 21/05/08 ground on which PIO initially denied
property under the saying court matter
matter is not ordered to provide
regularized. To advocate's opinion
provide documents relied on to take
decision referring
noting of PIO applying section 7 &11
78,79 30/06/08 plan permission To provide if copies necessary applying section 11 procedure
Free of cost u/s 7(6)
82/08-09 03/07/08 details of reading ‘’ ‘’
room, commencement,
permission etc
137/08-09 27/08/09 job description of ordered to provide
Carious cadres free 0f cost invoking
Of technical wing section 4 PAD
Rules, resolution

150/08-09 02/09/08 plan permission pio refused saying
Copies old record not available of past
17 years.
Ordered to give inspection to verify claim
195/08-09 23/09/08 expenses incurred for ordered to provide
Repairing of road as per budget &
In new city light sanctioned proposal
Within how much time as it falls u/s 4
Potable water
Facility be availed
197/08-09 30/09/08 in response to various poi denied saying
notices issued to bilateral court matter
smc how responded? No stay of court
u/s 8(1) b, ordered to
provide.
238/08-09 09/11/08 blockade of internal
Road of society Ordered to provide Is legal Or illegal? PAD while for record
Inspection WAS OREDERED
PIO partly denied saying record not
Available while provisions u/s 4
Provisions refused.
247/08-09 29/11/08 impact fee calculation Delay appeal, No &provision justification for delay.
Though allowed. PIO
Ordered to provide
Recovering documentation charges
256/08-09 12/12/08 name transfer status Delay appeal
procedure ordered to provide entire procedure invoking section 4
257/08-09 Tax increase proposal '' ''
on the basis of media
report
307/08-09 22/01/09 city surve No. 617 pio provided alignment, maps information alignment
circular etc of 30 & 40 feet for different period.
Applicant challenged.
Ordered to provide inspection to verify u/s 7(9) &11 to BPL .
322/08-09 02/02/09 water & assessment ordered to provide
of newly merged area u/s 4 also asked to put
details of appellate on board such details
323/08-09 04/02/09 office time of technical pio replied old record
staff not available. Ordered
to provide u/s 4 PAD
358TO
359 & 362 24/02/09 construction going on PIO asked for location
plots in hawadia chakla PIO ordered to plan permission etc provide as every going
on construction to be display details of such on site also u/s 4 c & d
affected people have right to know invoked


370/08-09 sought information PIO supplied part info
of construction said record not plan permission available.
Insisted to visit site appeal partly allowed
& furnish site visit persistence
disallow. Pio asked to provide inspection
416/08-09 25/03/09 details of usage of pio ordered to provide
Community hall, rules u/s 4(1) c & d along procedure done on with procedure done
Complaints & & responsible officers
Responsible staff free of cost
425/08-09 30/03/09 details of property To provide if
transfers necessary applying
section 11 procedure free of cost u/s 7(6) record inspection




First appeal orders outcome in 09-10

Sr no. Appeal No Date Information sought Order made in appeal
1. 3/09-10 4/4/2009 Papers of plan permission & report duly attested Ordered to provide duly Attested along with inspection
2. 9/09-10 8/4/2009 Site visit
in Badekha chakla with
details of plan permission PIO asked particular location Order to provide u/s 4 c & d along with record inspection
3. 24/09-10 20/4/10 Illegal constructions in
Varachha, provision
Of act & responsible
Staff for inactions PIO provided part information except provision & staff. Ordered
4. 30/09-10 1/5/2009 Workers leave, etc
details of shop registration PIOprovided partly. Ordered Provide record Inspection free
5. 32/09-10 2/5/2009 Assessment
Actions taken, property
illegal constructions & Ordered to provide along with record Inspections free, Applying section 11.
6. 33/09-10 4/5/2009 Illegal construction Actions taken on Complaints With checking Ordered to
provide u/s 7(1)
&(3) recovering
Fee. Site visit persistence not granted.
7. 38/09-10 11/5/2009 Details of property
Transfer
PIO denied u/s 11ordered to provide following section 11 process
8. 51/09-10 2/6/2009 Details of education
Of officer, leave, affidavit Filed in high court Ordered to provide all record available Information as no case
Falling u/s 8(1) b
9. 60/09-10 5/6/2009 actions taken on
Pertains civil works
Applications ordered to
invoking s 4 c & d

10. 106/09-10 15/07/09 How much plan sanctioned
Plan passed by SUDA
How much construction
Going on, how much illegal Contention of
applicant to
prepare visiting
site not granted
Allowed
Inspection

11. 110/09-10 18/07/09 list ,educational & experience certificate & license Copies of wait listed 102 PIO provided for 58 asked to provide for rest Free of cost

12. 113/09-10 21/07/09 Name transfer process why
Order etc for BPL
Not done? With whose PIO said N.A. on record ordered to
Provide u/s 4 c & d

13. 121/09-10 29/07/09 in Taj society how many Covered under impact,
How many paid? What About those not paid? PIO partly replied
denied for those who not paid Saying record Not available
Ordered to give Record inspection
14. 136/09-10 7/8/2009 Documents of property Transfer process.
Claiming interested party PIO denied u/s11 Referred denial
by third party Ordered to Provide looking Interest & claim Of heir.
15. 165/09-10 31/08/09 Recruitment rules, posts
Delegation of powers Partly denied ordered to Give free of cost
16. 199/09-10 24/09/09 Plan permission, advertisement hoarding, permission
Partly denied said record not available.
Ordered to give Free of cost Invoking s/ 4
From register of
Permission
17. 206/09-10 6/10/2009 property transfer detail
Power of o attorney No reply from PIO ordered to Provide free
18. 215/09-10 13/10/09 Duty period &orders
Of employees PIO gave in time applicant Claimed misleading citing Orders. Ordered To provide service book
verified record
19. 261/09-10 11/11/2009 Why higher scale benefits Not granted with copy of Resolution PIO gave part
information copy did not. Ordered to Give copies Free of cost
Invoked s. 4
20. 282 to 285 30/11/09 Society built up on
Agricultural land etc Provided part. Ordered to Transfer pertains To other
authority also to provide inspection
21. 298/09-10 14/12/09 Details of complaints
Against employee,
Inquiry report, opinion Of advocate etc PIO provided but not true copy ordered to give true copy with
inspection
22. 309/09-10 21/12/09 Actions taken on application to provide water &
street light PIO replied process of tender for new line but not gave details of alternative ordered to provide free
23. 311/09-10 24/12/10 PFA license of water Pouch product, accountable
Staff to monitor Gave except names of staff. Ordered to
Provide free Invoked s 4
24. 341/09-10 1/1/2010 Third party appealed
Against disclosure of Document to transfer Property PIO divulge property deed ignoring objection of Third party. Upheld decision of PIO looking to public interest. Cautioning PIO To follow s.11
Process properly
25. 378/09-10 27/01/10 Details of primary school Recruitment of teachers, N.O.C. ETC PIO not replied ordered to provide free of COST
26. 410 TO 415 Attendance of daily
Wage workers PIO denied saying record not Available.
Applicant Claimed of
Record citing Industrial award & I.D. Act. Ordered to
provide from

27. 449/09-10 23/03/10 Details of MD. DPH
Doctors & copy of
Education certificate as Per service book PIO provided information, applicant claimed
otherwise Ordered to show Service book
& give.

















First appeal orders outcome in 09-10

03/09-10 04/04/09 papers of plan permission ordered to & report duly attested provide duly
Attested along with inspection
09/09-10 08/04/09 details of plan permission pio asked for in badekha chakla with particular
Site visit location
Order to provide
u/s 4 c & d along
with record
inspection
24/09-10 20/04/10 illegal constructions in PIO provided
Varachha, provision part information
Of act & responsible except provision
Staff for inactions & staff. Ordered
To provide free .
30/09-10 01/05/09 details of shop registration pio provided
Workers leave, etc partly. Ordered
Provide record
Inspection free
32/09-10 02/05/09 illegal constructions & ordered to
Actions taken, property provide along
Assessment with record
Inspections free,
Applying section
11.
33/09-10 04/05/09 illegal construction ordered to
Actions taken on provide u/s 7(1)
Complaints With checking &(3) recovering
Fee. Site visit
persistence not
granted.
38/09-10 11/05/09 details of property pio denied u/s 11
Transfer ordered to
provide following
section 11
process

51/09-10 02/06/09 details of education ordered to
Of officer, leave, affidavit provide all record
Filed in high court available
Information as no case
Falling u/s 8(1) b
60/09-10 05/06/09 actions taken on ordered to
Applications invoking s 4 c&d
Pertains civil works
106/09-10 15/07/09 how much plan sanctioned contention of
Plan passed by SUDA applicant to
How much construction prepare visiting
Going on, how much illegal site not granted
Allowed
Inspection
110/09-10 18/07/09 list ,educational & experi- pio provided
Ence certificate & license for 58 asked to
Copies of wait listed 102 provide for rest
Free of cost
113/09-10 21/07/09 name transfer process why pio said N.A.
Not done? With whose on record
Order etc for BPL ordered to
Provide u/s 4
C & d
121/09-10 29/07/09 in taj society how many pio partly replied
Covered under imp[act, denied for those
How many paid? What who not paid
About those not paid? Saying record
Not available
Ordered to give
Record
inspection
136/09-10 07/08/09 documents of property PIOdenied u/s11
Transfer process. Referred denial
Claiming interested party by third party
Ordered to
Provide looking
Interest & claim
Of heir.
165/09-10 31/08/09 recruitment rules, posts partly denied
Delegation of powers ordered to
Give free of cost
199/09-10 24/09/09 plan permission, advertise partly denied
Ment hoarding, said record not
permission available.
Ordered to give
Free of cost
Invoking s/ 4
From register of
Permission
206/09-10 06/10/09 property transfer detail no reply from pio
Power of o attorney ordered to
Provide free
215/09-10 13/10/09 duty period &orders pio gave in time
Of employees applicant
Claimed mis
Leading citing
Orders. Ordered
To provide
service book
verified record
261/09-10 11/11/09 why higher scale benefits pio gave part
Not granted with copy of information
Resolution copy did not.
Ordered to
Give copies
Free of cost
Invoked s. 4
282 to 285 30/11/09 society built up on provided
Agricultural land etc part. Ordered to
Transfer pertains
To other
authority
also to provide
inspection
298/09-10 14/12/09 details of complaints pio provided
Against employee, but not true copy
Inquiry report, opinion ordered to give
Of advocate etc true copy with
inspection
309/09-10 21/12/09 actions taken on application pio replied
to provide water & process of
street light tender for new
line but not gave
details of
alternative
ordered to
provide free

311/09-10 24/12/10 PFA license of water gave except
Pouch product, accountable names of
Staff to monitor staff. Ordered to
Provide free
Invoked s 4
341/09-10 01/01/10 third party appealed PIO divulge
Against disclosure of property deed
Document to transfer ignoring
Property objection of
Third party.
Upheld decision
of PIO looking to
public interest.
Cautioning PIO
To follow s.11
Process properly
378/09-10 27/01/10 details of primary school pio not replied
Recruitment of teachers, ordered to
N.O.C. ETC provide free of
COST
410 TO 415
23/02/10 attendance of daily pio denied
Wage workers saying record not
Available.
Applicant
Claimed of
Record citing
Industrial award
& I.D.act.
Ordered to
provide from
payment record
449/09-10 23/03/10 details of MD. DPH pio PROVIDED
Doctors & copy of applicant
Education certificate as claimed
Per service book otherwise
Ordered to show
Service book
& give.

These appeal orders are already displayed on web site so precise content is recorded here. But on referring all appeal orders all seams speaking orders,. Not only that act is interpreted in context to preamble of the RTI act, some orders are made accordingly, in some section 4 c & d, public consultation, to communicate the decisions to affected people etc &in some section 25 & 26 spirit & intention of the act are invoked. In some orders relevant act or rules are also interpreted like BPMC ACT, record rules etc are also taken in to account.









Chapter 4

Views of complainants relating to procedures, interactions & outcome of applications & views of functionaries relating to the outcome, challenges faced & how to meet the challenges along with interview of CEO & commissioner SMC


So far as this chapter is concerned while the study it is absolutely relied on the records of requests, appeal & second appeal. As it was readily available with the departments & on it’s web sites actual facts is being derived from the record & through study of documents. Though sample feed backs are also preferred. & even feed back taken is counter compared with the facts on documents.

To start with the interview of commissioner, she pointed out & evaluated the imp0lementation of RTI in SMC as :-


1/ Proactive disclosure under section 4 is scrupulously followed in SMC or not? If yes up to what extent? If no why?

Except some of job descriptions & procedures to follow in disposal of work almost rest of the info placed. SMC is a large & complex organization having local self government status consist of more than 80 various departments headed by officials holding multi responsibilities & varied nature of work there fore some what delay in full fledge PAD is noticed.

2/ What is the flow of applications in smc? & generally which kind of applications are received?

500 on an average per month since last two years. Most of which belongs to
illegal constructions, building plan permission, transfer of name in property,
birth & death record or shop & establishment registration etc, while very few
pertains to providing civic service or it's maintenance, like transport facility,
environment protection, market slaughter house or health & sanitation
service the matters relating to public interest.

3/ Whether sufficient number of PIOs &Appellate officers are designated or not?

Yes almost senior level officers like deputy & asst. municipal commissioners & in exceptional cases executive engineer level officials are designated as PIO while senior deputy commissioner is heading appellate section in executive wing to maintain uniformity in similar matters across the SMC as entire administration is decentralized in seven different zone apart from head quarters for centralize service while in secretary & audit sections secretary & municipal chief auditor are the appellate officers.

4/ Do you feel the disposal well in time as stipulated in the act under section 7 or 11?

By & large yes, especially since last one year. SMC has developed computer programme to enroll all the RTI applications in prescribed format / register by the government, As per the extract from programme out of 6366 applications per annum in the last quarter it shows 1148 applications indisposed, looking to 30days time frame to dispose of only 548 applications are time bar indisposed as per programme. In practice out of all these majority might have been disposed off on paper but computer entries might not have been done thus it shows pending. Also if looked appeal numbers at first appellate level it is 463 thus less than 8% of total applications received during 09-10 that also corroborates the stand that 90% applicants are satisfied with the info given by PIO. It is also pertinent to note that all the pios are used to write applicants while replying or providing information that if they are not satisfied with the reply they may make first appeal to appellate authority. Wherever delay is noticed major reasons observed are either non payment of fees by the applicant, non availability of very old record, or record destroyed due to flood like natural calamity as SURAT is flood prone city. In some of the cases either staff is engaged in alternative emergency duty or matters of priority delay may have been there for couple of days.

5/ What are the reasons for delay disposal if any?

1/ Information of very old record which either as per record rules disposed off after stipulated period or destroyed due to erosion or corrosion or natural calamity missing.
2/ Shortage of staff can also be cited one of the reasons as no new staff is allotted exclusive for RTI, Of course it is part of regular duty of the staff but considering volume of RTI applications certainly it affects to disposal along with routine duties.
3/ Persistence by applicants to redress rather than emphasizing for seeking information can also be said one of the reasons
4/ Non payment of fees for documents or record inspection by the applicants finding big amount
5/Information sought is of voluminous nature & not be in the form or statements insisted by the applicants
6/ Applicants seeking information of multi public authorities in the same application which consumes time in transferring from one to another public authorities or PIO/S
7/ information pertains to omission or commission at any level regarding which no any decision is finally taken though applicants are insisting information which may not be materially on record
8/ Are you satisfied with the disposal by PIOs?
Looking to ratio of first appeal i.e. less than 8% of total, indicates the disposal quite satisfactory. Of course it can still be minimize but if matter of interpretation of the act etc are there naturally difference of opinion may prevail which lead to appeal.
9/ Have you imparted training of RTI to your PIO & appellate officer?
yes periodically. & it has not kept limited to pio level only down the level too staff are trained in this regard by expert faculties.

10/ How you are evaluating RTI act & it's provisions?
Right to information is internationally recognized human right. Even in our constitution too under fundamental rights of freedom of speech & expression & right to life & liberty express provisions are enacted. Thus to bring transparency & accountability in public administration it is welcome step rather landmark towards good governance. One can also say third party inspection up to the extent in cases matter/s of any omissions or commissions or irregularities brought to the notice of authorities.
But looking to existing provisions of the act certain sections are needs to be more clarified. Like under section 6(3) every application if not applicable to receiving authority it is mandatory to transfer to concerned within 5 days, many applicants file applications seeking information from multi authorities which beco0mes quite cumbersome to transfer within stipulate period so it may be amended to cover one public authority or one public information under one application fee & for rest separate application fee may be charged. as ignorance of law is not excuse thus person seeking information should also be aware from whom one is seeking information. Also if one is seeking information from particular authority which is not pertains to whom application is given period to dispose off should be 35 days rather than 30 days in that case adding grace period of transfer of application. This is because public administration is service oriented without profit motive so such expenditure should be pass on to the applicant.
like wise there is no application fee for first & second appeal. has been observed that many a times applicants given the information from PIO level though mechanically they used to file first appeal without going in to merit as they have not to pay separate fee. Similarly even after first appeal order almost in favor of applicant though expressing displeasure filing second appeal these kind of appeals increasing administrative expenditure of government thus appeal fee for both level may be imposed on par with application fee to curb vague or frivolous appeal & also to compensate public expenditure in that regard.
If looked towards section 8(j) & section 11 personal information & third party information respectively it needs to be more clarified. because as a part of statutory requirement what ever documents are there on office record of any body that becomes public property if all such information to be distinguished between personal or third part information becomes puzzle some or confusing too. So amendment may be like what ever produced as part of statutory requirement should be in public domain like details to enroll birth & death, property tax name, plan sanction permission etc.
11/ Are you satisfied with the implementation of the act in SMC?
If being CEO of SMC I would say good that may be treated as favor but candidly speaking ours is a good RTI implementation mechanism, Perhaps public authorities having developed computer programme to enroll each application until final disposal . We are amongst those exceptional organization regularly sending quarterly & annual information of disposal under RTI to government simultaneously putting on the web too. Our appeal orders are also placed on web of which some are quite exemplary if citing an example in the context to preamble of the act some orders are issued while on the basis of information put on our kiosk some are issued which are worth observing.
Even though let me tell, public administration & good governance are such area where sky is the limit for development thus much needs to be done learning lessons from past experiences & observations.




So far as feed back of functionaries are concerned

16 forms of feed back are collected from different PIOS.




Questionnaire for public information officer, first Appellate officer


1/ since when acting as PIO / APPELLATE ?

------------------------------------------------------
2/ Your basic qualifications & designation

------------------------------------------------------
3/ How many applications on an average received p.m.

-------------------------------------------------------------
4/ Majority of applications consist of which kind of information? Give rating
a/ Pertains to citizen charter or proactive disclosure
b/ Non receipt of civic/ statutory service
c/ Equity before law not maintained in providing service thus partial treatment
d/ Grievance not redressed for long period
e/ Old personal record of applicants not available with them seeking under RTI
f/ Public interest matters like obligatory duties not performed by P.A.
g/ Third party information to prove discriminatory treatment to the applicant
h/ To enforce accountability & transparency by exposing wrong done, thus to
contain corruption

5/ Being PIO or APPELLATE have you undergone training of RTI? If yes
When & of what duration?



6/ Who imparted training? Are you satisfied with the training imparted?



7/ Are you aware of the basic provisions of the act like proactive
disclosure, application fee, charges, exception to bpl from fee & charges, Transfer
of the application not falling under your jurisdiction, penalty & co0mensation to
appellant etc.

(a) Fully (b) up to major extent
(c) Partial (d) very little

8/ Have your public authority/ organization put on web site proactive disclosure 17
Manual?

(a) Fully (b) Up to major extent
(c) Partial (d) Very little

9/ If your reply is except fully which manual has not been put on web?

(a) Details of organization (b) Citizen charter i.e. powers &duties etc

(c) Records held (d) Budget provision

(e) Details of pio& appellate (f) Channel of supervision

(g) Concession/ permit granted (h) List of beneficiaries

(i) other pl. specify

10/ Are you repplying /providing information disposing appelas in time? In both cases give percentage.

yes %-------- (2) No %--------------


11/ In case of delay due to what reasons?

1.Past record not available (2) Staff crunch

(3) Voluminiousinformation (4) laziness, negligency of staff

12/ How many % of applications you have denied the informationordismissed appelas?

(1) 2 to 5 (2) 5 to 7 (3) 7 to 10 (4) 10 to 15 (5) more than 15



13/ In case of denial which exemption of the act you have invoked ? Give % against each

(1) section 8 _____% (2) section 9 ---------% (3) section 11-----------%


14/ If invoked section 8 which exemption in majority cases?

(1) A Sovereignity of india or leads to incitement
(2) C breach of privilege of legislature
(3) D commercial confidence, trade secrets or intellectual property which may harm competitive position of third party.
(4) G endenger the life or physical safety of person or identify the source of information.
(5) H which may impede the process of investigation,apprehension or prosecution etc
(6) cabinet papers / record of deliberations of meeting of officers
(7) personal information whichhas norelationship with public activity or intererst or would cause unwarrented invasion of privacy.

(8) Any other like non availabity of records etc Pl. specify.

14/ How many of applicants prefer first appeal? In terms of %

1. None (2) less than 5

(3) 05 to 10 (4) 10 to 20

(5) 20 to 25 (6) More than 25


15/ For which reasons Aplicants prefered appeal? Give % against each

(1) Information provided in delay --------------%
(2) Refusal of information -------------%
(3) Asked the applicants to pay unreasonable charges/fee ---------%
(4) Given misleading/ incomplete or false informati0on
(5) Denial of inspection of record

16/ In how many cases of appeals fist appellate authority has issued orders to provide information allowing appeals/ seting asside the decisions of PIO? Give %

(1) More than 90 (2) 75 to 90

(3) 50 to 75 (4) 25 to 50

(5) less than 25

17/ How many % of applicants went to second appeal

(1) None (2) less than 5

(3) 05 to 10 (4) 10 to 20

(5) 20 to 25 (6) More than 25









18/ In how many cases the second appellate authoruity/ commisiion has upheld the orders of F.A.A.


(1) More than 90 (2) 75 to 90

(3) 50 to 75 (4) 25 to 50

(5) less than 25

19/ How many times you might have attended second appelas before commisiion?

(1) up to 5 (2) 5 to 10

(3) 10 to 15 (4) 15 to 20


20/ Do you realised your attendence at commission comfortable?

--------------------------------------------------------


21/ If no in which terms? Have you any suggestions?


-----------------------------------------------------------


----------------------------------------------------------


22/ Have you been ever penalised by commisiion? If yes in how many cases & of what penalty?


-------------------------------------------------------------------------------------










23/ Do you think abuse of law act or misuse by any applicant/s? If yes by which way?

Give rating.

(1) Applications in the name of BPL (2) Applications with multiples to answer
seek voluminious information

1. Applications later withdrawn to (4) Repeated applications to get desired
get other work done repply as per applicant's intrepretation

1.if any other motive, pl. specify



24/ How many % of such applicants approximately found With reference to Q.23 ?

(1) 1 to 2 (2) 3 to 5 (3) 5 to 7 (4) 7 to 10 (5) more than 10



25/ Have you face any difficulty in implemetnatation of the act as PIO OR F.A.A level? Which kind of pl. specify & give your suggestions regarding better implementation of the act .


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---------------------------------------------------------------------------------------




------------------------------------------------------------------------------------------




If willing Pl. sign with Name. ----------------------

They are





First Appellate Officer and Information Officer
Sr.
No. Details of PIO Name & Designation Field Back
Major applications consist which kind of information Knowledge &Traning of RTI State of P.D.A and manual not on web Reasons for delay Regarding abuse of law & per centage of Application Suggestions
1 2 3 4 5 6 7 8
1 shri. C.J.Gamit Dy.Muni. Commissioner(P.& I) 1.Grievance not redressed for long period
2. Old personal record of applicants not available with them seeking under RTI
3. Third party information to prove discriminatory treatment to the applicant Yes.October- 2007& January-2010 Up to major extent.
(1)Citizen charter i.e. powers & duties
(2) Records held (1)Past record not available
(2)Staff cruanch
(3)Voluminious information
(4)laziness,ne gligenoy of staff (1) Applications with multiple questions to
answer seek voluminious information .
(2) Repeated applications to get desired repply as per applicant's intrepretation
(3) Applications later withdrawn to get other work done
(4) Applications in the name of BPL answer seek voluminious information
(5)Application with ulterior 7 to 10%

(1)Their may be application P.A. wise and appeal fee also
(2)Summary Trial disposal by Commision offer then insiting P.I.O. in Person each time
(3) Reginal branches of commission .
(4) Personal information and third party information needs to be clarified.
2 Shri.N.J. Parekh
Vig.& Insp. Officer (1) Grienvance not Redressed for long period Yes.Govt. of Gujrat.(SPIPA) Fully Past record not availabe Applications later with drawn to get other work done
1 to 2 %
Nil
3 Shri. P.D.Munshi
P.A to C.E. (Tech) & I/C Stores Suptd
- Yes.
January-2010
SPIPA Facuties Up to major extent
(1)Citizen charater i.e. powers & duties
(2) Records held. N.A. NO. Nil
4 Shri D.C. Gandhi
Executive Engineer (1)Old personal record of applicants not available with them seeking under RTI
(2) To enforce accountability & transparency by exposing wrong done,thusto conta -incorruption
Yes.January-2010
SPIPA Facuties Up to major extent
(1)Citizen charater i.e. powers & duties
(2) Records held. 1.Past record not available
2.Staff crunch
3. Voluminiousinfor mation
4. laziness, neglig ency of staff 1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
2. Repeated applications to get desired
repply as per applicant's interpretation
4.Most applications are done on wasted interest ,
specially in illegal contruction belongs to thried party with ulterior notive more than 10% 1.Voluminious informztion sougat in limited time can be extendedp
(2)shortage of staff & work load.
3.The appeal pertaining to Nos. og PIO it self be comes difficult to wate grievance in time Appeal fee must be separated with invidual PIO
4. The system to exposeu,iteror motive applicant must be introduced avoid mat practice $ extortion
5 Shri.K.S. Patel
Add.City Engineer 1. Third party information to prove discriminatory treatment to the applicant No. Up to major extent.
(1)Records held (1) Staff crunch 1.Applications later withdrawn to get other work done
2.Repeated applications to get desired repply as per
applicant's interpretation
More than 7 To 10 %
Majorily of people use this act. for their own interest In my optionion third party information should not be given to any individual.
6 Shri.B.S. Shsh
Add.City Engineer (1)Grievance not redressed for long period.
(2) Old personal record of applicants not available with them seeking under RTI
(3) Third party information to prove discriminatory treatment to the applicant
(4) Non receipt of civic/ statutory service


Yes January-2010 SPIPA Faculty Up to major extent
(1)Citizen charter i.e. power & duties
(2) Record held (1)Past record not available
(2)Staff crunch
(3)Voluminiousinformation 1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
(3)Repeated applications to get desired
repply as per applicant's interpretation
4.Most applications are done on wasted interest ,
specially in illegal contruction belongs to thried party with ulterior notive more than 10% (1)Application with alterior motive espoli journalist
(2)Dealy due to non payment for documents by application No. provision to file in such cases.
(3) Staff shortage is one of problem Gnsistance to third party person information is majar cause. No provision of stay for third party information
7 Shri.Mahesh Singh
Dy.municipal Com.(G) (1)Non receipt of civic/ statutory service
(2) Grievance not redressed for long period
(3) Equity before law not maintained in providing service thus partial treatment
(4) Public interest matters like obligatory duties not performed by P.A.
(5) Pertains to citizen charter or proactive disclosure
(6) Old personal record of applicants not available with them seeking under RTI
(7) Old personal record of applicants not available with them seeking under RTI
(8) To enforce accountability & transparency by exposing wrong done, thus to contain corruption Yes I.G.N.F.A
Dahradun 2007 Smc-surat-2008
Smc-surat-2009 Up to major extent
(1)Citizen charter i.e. power & duties
There was staff crunch but extra effrts were put by staff and applications were disdosed timely. (1)Gget information regarding unau theorized work by an individud and expoint him financially
1.Applications later withdrawn to get other work done
(2) Applications with multiple questions to
answer seek voluminious information
(3)Repeated applications to get desired
repply as per applicant's interpretation
(4)Applications in the name of BPL answer seek voluminious information


Threr is a need to give some punitive power to frist Appellate Authoraity so that the act may be implemeated effectively
8 Dr.R.R Shrivas tav Medical Officer - Yes One day
S.M.c. Fully (1) Voluminiousin information - -
9 Shri D.M. Patel
Executive Engineer (1) Non receipt of civic/ statutory service
Yes October-2007 Up to major extent
(1)Citizen charter i.e. power & duties
(2) Record held (1)Past record not available
(2)Voluminiousinformation
Application in the name of BPL Multiauthorities application is given by applicants, it delays in transferring different authorities. In the name pf BPL voluminious information demanded. Personal information and third party information needs to be clarify more.
10 Dr. H.S. Desai
Medical officer of Health 1.Old personal record of applicants not available with them seeking under RTI
2.Grievance not redressed for long period.
3.Third party information to prove discriminatory treatment to the applicant
4.Non receipt of civic/ statutory service
5.Pertains to citizen charter or proactive disclosure
6.Public interest matters like obligatory duties not performed by P.A.
7.To enforce accountability & transparency by exposing wrong done, thus to contain corruption





No.Training
received Up to major extent
List of beneficiaries
Voluminious information Most of the application are done due to applicants personal grievances or to harass the officer. There should be more PIO. Each Dept. head should be PIO As there is more burden on Div. Heads.
(2) Perfect training should be given to persons who deals RTI act.
(3)Central RTI Cell Should be strengthen.
11 Shri.B.I.Dalal
Executive Engineer (1) (1)Non receipt of civic/ statutory service
(2).Grievance not redressed for long period.
(3)Public interest matters like obligatory duties not performed by P.A.
(4)Third party information to prove discriminatory treatment to the applicant
(5)To enforce accountability & transparency by exposing wrong done, thus to contain corporation Yes Exact detail
are not available Fully (1)Past record not available
(2)Staff crunch
(1)Applications in the name of BPL answer seek voluminious information.
(2) Applications with multiple questions to
answer seek voluminious information
(3) Applications later withdrawn to get other work done


(1) Probable misuse of BPL Card to collect bulk information for the applicant uuder genral category some legal restrictions may be imposed.
(2) almost 200 appllicants were received by E.Z having questions of similar nature /same. Replying to such applications of a BPL card holder may had created unnecessary financial burden. With the Provision of legal restriction such Situation could either be restricted or avoided.
(3) There are many incidences where , more than 5 (five) questions / information was asked for & in one incidence 65(sixty five) questions /information, was asked covering more than one department /institution which in turn creates enormous difficulties/harrasement. Restriction in such cases must be imposed. (4)Adress proof must be asked to submit alongwith contact number, as there are many incidencies, where the reply letters posted through UPC were return in absence of proper adress.
(5) Identity proof along with application shall be made compulsory so as to avoid fraud application.
12 Shri. J.M. Patel
Dy. Com.(P&D) (1)Grievance not redressed for long period.
(2)Equity before law not maintained in providing service thus partial treatment
(3) Old personal record of applicants not available with them seeking under RTI
(4) Non receipt of civic/ statutory service
(5) Pertains to citizen charter or proactive disclosure


Yes October-2007& January 2010 Up to major extent
(1) Record held (1)Past record not available
(2)Staff crunch 1. Repeated applications to get desired reply as per applicant' sinterpretation
2.Applications later withdrawn to get other work done
(3) Applications with multiple questions to
answer seek voluminious information
(4)Applications in the name of BPL answer seek voluminious information


When applicants have asked for information related to whole city or state with multiple questions to seek voluminious information. The information if not in the public interst at large it should be chaged at higher rate.
13 Shri. K.S. Desai
Executive Engineer
(1)Non receipt of civic/ statutory service
(2) Grievance not redressed for long period
(3) Third party information to prove discriminatory treatment to the applicant
Yes January-2010
Up to major extent
(1) Record held (1)Past record not available
(2)Staff crunch
(3)Voluminiousinformation
(1)Applications with multiple questions to
answer seek voluminious information.
(2) Applicant with ulterior motire
(1)Regional branches of commission
(2) PIO may be exempted to attend in case of merit
14 Dr.Kalpana A. Desai
Dean _ Yes 2007 Up to major extent
_N.A._ 1.Applications with multiple questions to
answer seek voluminious information
Yes
(1) In case of Voluminious information (2) APIO and under staff providing the required information should be properly trained or then should be separat staff for providing information only.
15 Shri. Raxaben R. Parmar
Dy. Project Officer Demand of B.P.L. card. No.
Training of RTI. Up to major extent
(1) Record held
(2) list of beneficiaries. Voluminiousinformation
Applications in the name of BPL answer seek voluminious information -
16 Shri. R.C. Patel
I/C Chif Project Officer Demand of B.P.L. card Yes
January
2010 Up to major extent
(1)Channel of Supervision
(2) list of beneficiaries. Past record not available Applications in the name of BPL answer seek voluminious information -







PIO
que. No option no. percentage(%)

4 a 25
b 50
c 19
d 56
e 44
f 19 1 6.25
g 38 2 12.5
h 25 3 18.75
4 25
9 a 19 5 31.25
b 56 6 37.5
c 75 7 43.75
d 19 8 50
e 19 9 56.25
f 19 10 62.5
g 19 11 68.75
h 31 12 75
i

11 1 63
2 44
3 50
4 19

23 1 56
2 56
3 31
4 38
5



















PIO
que. No option no. percentage(%) applications consist of

4 a 25 citizen charter
b 50 civic services
c 19 equity before law not maintained
d 56 grievance not redressed
e 44 old record not available
f 19 obligatory duties & public interest
g 38 third party information
h 25 enforce accountability & transparency
which PAD is not disclosed
9 a 19 details of organisation
b 56 citizen charter
c 75 record held
d 19 budget provision
e 19 details of pio
f 19 channel of super vision
g 19 Concessions & permit given
h 31 list of beneficiaries
i
Delay disposal due to what
11 1 63 Past record not available
2 44 Staff crunch
3 50 voluminious information sought
4 19 laziness /negligency of staff
abuse of act by which way
23 1 56 In the name of BPL voluminious info sought
2 56 multiple questions asked to repply
3 31 applications later withdrawn for other work
4 38 repeated applications for desired repply










If looked at the feed back of functionaries:-

PIO have tick marked in multi options where ever more than one option consisting applications are received.
Kind of applications received by PIO in terms of percentages if summarized:
more than 50% consist of civic services & non redressal of grievances.
25% belongs to citizen charter
rest 25% consist of enforcing accountability & transparency, equity before law not maintained & obligatory duties & public interest related.
All these includes 38% third party information & seeking information of very old record.
While so far as PAD Is concerned 75% have accepted that record held is not displayed which includes 56% citizen charter related matter not displayed.
Almost 19% accepted that details of organizations, concessions & permits , channel of supervisions is not displayed, While 31% said list of beneficiaries is yet to be completed.
So far as delayed disposal reasons are concerned 63% have said that past record is not available is one of the prime reasons. Which includes 50% applications seeking voluminous records. 44% shown the reasons of staff crunch, while 19% rated to laziness of staff.
One of the question pertains to observations of abuse of law 56% said in the name of BPL seeking voluminous record & applications seeking multiple questions. Rest 40 includes such applicants who later withdrew applications for other work or repeated applications to get desired reply.
It is also pertinent to note that verbally while in interactions many of the PIO categorically said that one of the prime reason for late disposal is number of parallel duties assigned to the staff & officers like census, election work, state functions, celebrations of various occasions announced by state government or authorities etc apart from their regular duties, which directly affect adversely to timely disposal of RTI applications.
Even in their suggestions they have emphasized for regular staff be deputed for RTI applications accompanied by regular training. With that they have expressed the opinion of curbing the menace of applications seeking multiple authorities information in the single application to prevent delay to transfer to number of authorities.


Thus majority of all PIO are unanimous in late disposal reasons i.e.,. multiple transfer, Staff crunch & seeking voluminous information by the applicants.


All have accepted the need to strengthened proactive disclosure,& up to major extent that has been done as said by all. So far as RTI training is concerned they are satisfied with it. & the efforts made by SMC are certainly in consonance with the provisions.
Almost all PIO’s have express worry towards applicants with ulterior motive. Otherwise by & large all PIO’s performance is satisfactory. If compared to national statistics the performance of SMC PIO is far better.
Most of the PIO in their feed back have categorically said that personal information & third party information need to be clarified more. Even municipal commissioner has also expressed similar view.









So far as feed back from applicants are concerned 28 forms are collected from different civic centers.

These are




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Sr.
No. Name of Applicant Field back
How know about RTI act. kind of information sought satisfied with information received Reasons for dissatisfation satisfied with frist apeal Reasons for not satisfied with frist apeal Overall rating Suggestions
1 2 3 4 5 6 7 8 9 10
1 shri Bhavesh v. saraiya friends/Group sources Civic Rights or services available to you not availaed so to know the reason/s yes - yes - very good -
2 Shri.Parsottam M..Moriya Media 1.Citizen charte & Proactive Disclosure like details of organi sation, duites, procedure of work disposal, & norms, time for dispo sa l , responsible officers etc ts or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanita tion, street light serv -ices etc notprovided or not maintained in time
1. Equity not maintained in similar cases so soughti information regarding how
yes - yes Partly accepted the decision of PIO & order to provide part information very good -
3 ShriMadhu nada 1..Media
2.Friends/ Group sources 3. By efforts of N.G.O.
1. Matters
of Public interest like Roads, water, drainage, sanitation, street light services etc notprovided or not maintained in time
yes - yes - Very good -
4 Shri Umesh Acharia friends/Group sources Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc No. 1.Information not provided completly .2..Rather than repplying the questions asked to pay the fees & get the documents
- Katargam Zones PIO asked to pay more than Rs.800/- But I have no money Not up to mark -
5 Shri Shashikant B. Patel Media 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc Yes but from Police Dept. Dist. Panchayat & collector Not satisfied Not provided within time
Denied the information on the ground of record not available
Dist.Collectior Taluka panchayat & Police Dept. administration is very slow No.information about PIO
Yes - Very Good -
6 Shri. Kansadwala Mukund N. 1.Media
2.Smc publicity
3.friends/Group sources 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc Yes. - Yes - Very Good -
7 Shri. Sureshbhai N.Patel (Advocate) Smc. publicity 1.Grievance not redressed so to know the status Yes - Yes _ Very Good -
8 Shri.Jyotiben Kantilal Parmar Smc. publicity - No. 1.Not provided within time
2.nformation not provided completely
3.Your grievance complaine not redressed
- - Satisfactory -
9 Shri.Mejar Dipak Rathor Media
Smc. publicity 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc
2.Civic Rights or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanitation, street light Yes - - - Good -
10 Shri. Ajay Chandrakant Sharma Smc. publicity 1.Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc

Grievance not redressed so to know the status
4) Matters of Public interest like Roads, water, drainage, sanitation, street light
Mix 1.Not provided within time
2.nformation not provided completely
3.Your grievance complaine not redressed 3.Asked you to inspect the record rather than repplying.
- - Satisfactory -
11 Shri.Bhavesh Vashanshi friends/Group sources (1)Citizen charte & Proactive Disclosure like details of organisation, duites, procedure of work disposal, & norms, time for disposal, responsible officers etc
(2)Grievance not redressed so to know the status
(3) Civic Rights or services available to you not availaed so to know the reason/s
(4) Matters of Public interest like Roads, water, drainage, sanitation, street light services etc notprovided or not maintained in time
(5)Equity not maintained in similar cases so soughti information regarding how



Yes 1.Denied the information on the ground of record not available
Asked you to inspect the record rather than repplying.
Quoting exemption of the act denied the information.
Your grievance complaine not redressed
Yes (1)Upheld the decision of PIO

(2) Partly accepted the decision of PIO & order to provide part information Satisfactory -



























12 Shri bharat kumar shashi kaut vakharia Smc publicity - Yes - yes Partly accepted the decision of PIO & order to provide part information Very good
13 Shri dipesh vakhaia Smc publicity (1) Grievance not redressed so to know the status
(2) Civic Rights or services available to you not availed so to know the reason/s
(3) Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
(4) Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name ransfer in assessment record etc. No 1. Not provided within time
2. Information not provided completely
3. Rather than replying the questions asked to pay the fees & get the documents
4. Your grievance complain not redressed
5. officers are finding excuses & way to escape to defend them in future No - Not up to mark
14. Shri Dinesh Anajwala Media
Friends / Group source Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc Mix 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
No Upheld the decision of PIO 1.satisfactory
2.not up to the mark
15. Vimal N Surati By efforts of N.G.O Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc yes - - - Very good
16. Shri Maganbhai Ghughabhai Ahir Smc publicity Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
yes - - - Very good
17. Shri Yadav prabhunath
Prasad Smc publicity Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
yes - - - Satisfactory
18. Shri Suraj Savani Friends/Group sources Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. mix No reply from P.I.O. - - Good
Satisfactory
Not up to the mark
19. Shri Rutik Suyel T.V./ Local channels news 1. Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Civic Rights or services available to you not availed so to know the reason/s
4. Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
5. Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied.
No 1.Not provided within time

2.Information not provided completely

3.Rather than replying the questions asked to pay the fees & get the documents
by paying fees.

No - Not up to the mark
20. Shri Bharatbhai Babubhai Kanthariya Media
By effort of N.G.O 1. Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not pr
4. Third party information to know what s/he had produced to get work done in
similar cases wherein you have been denied.
No(many time) 1.Not provided within time
2.Information not provided completely
3.Denied the information on the ground of record not available
4.Your grievance complain not redressed
5. Information is not related to our department No 1.Partly accepted the decision of PIO & order to provide part information
2.in the name late appeal, protecting own officers Not up to the mark
21. Shri Mahendra sing. A. Bhrahmabhatt Media

T.V./ Local channels news

Smc publicity

Friends/ Group sources

By efforts of N.G.O. 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Civic Rights or services available to you not availed so to know the reason/s
4. Matters of Public interest like Roads, water, drainage, sanitation, street light services etc not provided or not maintained in time
5. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
7. Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Refused to reply all your questions
5. Rather than replying the questions asked to pay the fees & get the documents
by paying fees.
6. Asked you to inspect the record rather than replying.
7. Quoting exemption of the act denied the information.
8. Your grievance complain not redressed
9. PIO transfer application of information wrongly
10. some of the department like town planning,town developing and south & south-east zones are not implementing even 1%
-for the sake of formality to show implementation of the act
-they are not interested in exposing corruption mix 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3.appellate officers sometimes dispose of appeals without any specific orders
Not up to the mark
22. Shri Nareshbhai Nanjibhai Bathwar Friends/ Group sources 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Civic Rights or services available to you not availed so to know the reason/s
3. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
Third party information to know what s/he had produced to get work done in similar cases wherein you have been denied. No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5. Your grievance complain not redressed
6.always incomplete, improper & unclear information us given, P.O.(R) & DMC(P&I) can be rated first for providing false information No 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3. after appeal supporting evidence are sought from appellate and even though of a producing there is no action seems in appeal order Good
Not up to the mark
23. Shri Kamlesh M. Chodvadia Media
Smc publicity Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time Mix 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5.deliberately information is concealed No 1. Upheld the decision of PIO
2. Partly accepted the decision of PIO & order to provide part information
3. not available on the record
Very good
24. Dr. Babulal M. Shah Smc publicity
Friends/group source 1.Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. No 1. Information not provided completely
2. Denied the information on the ground of record not available
3.. Asked you to inspect the record rather than replying.
4.Your grievance complain not redressed
No 1. Partly accepted
2. PIO gives proper information in some of the cases reply record not available. It is their duty to maintain the record properly though they are replying record is not available is tantamount injustice Not up to the mark
25. Shree Viththalbhai S. Panpatil Friends/ Group source 1.Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal, & norms, time for disposal, responsible officers etc
2. Grievance not redressed so to know the status
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time
4. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4.Asked you to inspect the record rather than replying.
5.rather than providing information ask misleading information is given protecting regional officers No 1.Upheld the decision of PIO
2.appeal is dismissed on the ground of complain redressed on the basis of evidence produced by PIO, Because complainant is illiterate Not up to the mark
26. Shri Hemant Desai Media
T.V./ Local channels news 1. Grievance not redressed so to know the status
2. Civic Rights or services available to you not availed so to know the reason/s
3. Matters of Public interest like Roads, water, drainage, sanitation, street light
services etc not provided or not maintained in time
4. Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc.
5. Third party information to know what s/he had produced to get work done in
similar cases wherein you have been denied.
No 1. Not provided within time
2. Information not provided completely
3. Denied the information on the ground of record not available
4. Refused to reply all your questions
5. Rather than replying the questions asked to pay the fees & get the documents
by paying fees.
6. Asked you to inspect the record rather than replying.
7. Quoting exemption of the act denied the information.
8.Your grievance complain not redressed
9. transparency is required in information act No 1. Partly accepted the decision of PIO & order to provide part information
2. rather than ordering to provide information most of the appeals are filed Not up to the mark PIO is providing details of nature and addresses of the RTI applicant which may put applicant like in danger & citizens are afraid of using RTI act

Pio transferring applications wrongly


Commissioner self should reply.
Suggestions through news papers & media invited for better
Implementation of act & to amend it..

27. Shri Falguni K. Jariwala Friends/Group source Equity not maintained in similar cases so sought information regarding how similar person treated in similar situation like illegal construction, denial of service or to process the papers like name transfer in assessment record etc. No 1. Information not provided completely
2. Denied the information on the ground of record not available
3. Quoting exemption of the act denied the information.
4. Your grievance complain not redressed No 1. Upheld the decision of PIO
2. to fondle the officers like PRO who are incomplete information act is sideline
Satisfactory Even though information act is for people and every citizen has right to information despite human rights & basic principles of the act are floated

Applicant has to run from pillar to post for actions.
Few good experience but more bad.

Finding excuses to deny information.
28. Shri Pinkal P. Gheewala Friends/group source 1. Citizen charter & Proactive Disclosure like details of organization, duties, procedure of work disposal & norms, time for disposal, responsible officers etc


No 1. Not provided within time
2.. Information not provided completely
3. Denied the information on the ground of record not available
4. Quoting exemption of the act denied the information.
5.Your grievance complain not redressed
6. though information is under knowledge it is delayed wasting time.

-complainant is forced to tire Mix 1. Information is not given in simple words
2. time and money is wasted in ambiguous reply Not up to the mark Other side of the coin ambiguous reply given e.g. record not available for plan pass that means it may be passed may not be.
Not to use cross word puzzle but clarity of information is required.
Make mockery of the act by finding excuses.
Appeals & processes takes time even after that information not furnished.
If not given info even after appeal they should be punished.
In appeal record & officers should be called on.













Applicants
que. No option no. percentage(%)
1 1 35
2 10
3 42
4 42
5 14

5 1 50
2 39
3 32
4 39
5 39
6 21
7

10 1 43
2 43
3-mix 14

11 1 45
2 54
3 43
4 7
5 18
6 21
7 25
8
9 36

15 1 29
2 32
3-mix 7

16 1 25
2 32
3

21 1 36
2 11
3 22
4 29




























Applicants
que. No option no. percentage(%) How came to know about RTI
1 1 35 publicity media
2 10 Television/ channel
3 42 Smc Adds.
4 42 Friends
5 14 N.G.O.
Kind of info sought
5 1 50 citizen charter
2 39 Grievance not redressed
3 32 civic services not provided/ availed
4 39 statutory/ public serive of public interest
5 39 Equity before law not maintained
6 21 Third party information
7
wheher satisfied with info provided by pio
10 1 43 Satisfied
2 43 Not satisfied
3-mix 14 Mix response
If dissatisfied what reason
11 1 45 information provided late
2 54 information not provided
3 43 Repplied record not available
4 7 Refuse to reply all questions
5 18 Asked for inspection & get copies
6 21 Asked for inspection
7 25 Denied invoking exemption
8
9 36 other reasons
Whether satisfied with first appeal order
15 1 29 Satisfied
2 32 Not satisfied
3-mix 7 Mix response
If not dissatisfied what reason
16 1 25 Upheld decisions of PIO
2 32 Partly allowed appeal & order to provide
3
How rating implementation overall
21 1 36 Very good
2 11 Good
3 22 Satisfactory
4 29 Not satisfactory


If looked at feed back received from applicants :-
They have also tick marked to more than one options.
So far as How they came to know about RTI
42% said SMC publicity & advertisements While 35% contribute it to media, 10% gave credit to Television & local channels While rest said through NGO

Regarding kind of information sought :
50% said pertains to citizen charter,39% said pertains to grievance not redressed, equity before law not maintained along with statutory public service related matters including civic services not provided.. 21% accepted of seeking information related to third party.
Almost 43% accept to be satisfied with the information given by PIO While equal Number said not satisfied. But 14% gave mixed response.
In case of dissatisfaction regarding information provided by PIOs
45% assigned the reason providing information late.
54% said information was not provided to them. As they have opted multiple options here also 43% said they were denied the information by PIO showing excuse of record not available.
7% said PIO s were failed to reply all their questions.
While 21%said that they were asked to inspect the record & get the copies
Number of applicant ions denied invoking various exemptions under the act shown by applicants in feed back in terms of percentage is 25.
So far as first appeal order process evaluation is concerned by the applicants 29% expressed pleasure While 32% shown dissatisfaction, & 7% gave mixed response.
On asking to specify the factors for displeasure towards first appellate officer’s order 25% said F.A.A. has upheld the decisions of PIO While 32% said their appeal was partly allowed by F.A.A.
On asking to give overall rating of implementation of the act in SMC 36% rated very good, While 11% opted for good. 22% said it is satisfactory & 29% opted for not satisfactory performance.
If summarized overall performance evaluation by the applicants in their feed back just 29% are dissatisfied which indicate that 71% are happy with the performance of SMC.
It is also pertinent to note here that out of more than 60 forms sent to various applicants through civic centers of SMC only 28 has preferred to give feedback rest desisted from such exercise. Even on approaching couple of repeated applicants to give feedback they categorically replied verbally that they don’t wish to give as out of couple of requests some reply are they do not find satisfactory. Thus applicants who wish desired reply or redrassal of grievance & that has not been materialized they have given either negative feedback or opted not to give feedback. Thus feedback of the applicant on sample basis can not be generalized. It is also note worthy that disposal data availed from the computer programme of SMC which statistics are sent to state are considered more reliable because that covers the details of all applications.


evaluated, mix response is given by the applicants. Many of the applicants have accepted showing display board & digital sign board Thus publicity make by SMC. Majority of the applicants shown satisfaction While in case of some they have shown dissatisfaction towards manipulated reply. Actually all the applicants feed back if compared with the record, majority of applicants are desiring the reply of their wish. Grievance redressal, expectation is high etc are the cause for dissatisfaction.













Chapter 5

Issues that require to be addressed & amendment that could be made in the act

Issues that require to be addressed on administration front:-

1/ Section 4 proactive disclosure is an excel or one can say spinal cord of the act. It certainly needs to be scrupulously implemented.
In case of SMC as evident from the study certain provisions of citizen charter like job descriptions, & norms for disposal of works & record held & under the control of organization are still to be displayed & published in local language to provide to the person seeking with cost effectiveness.

2/ corruptions, manipulations, maladministration & miss management results in poor & deteriorating public administration
India is amongst last 90 least corrupt countries out of 180 as per transparency international report.
Thus benefits / advantages not reaches completely & time bound to needy or for whom proposed.

India is amongst last 50 nations out of 180 in human development index.
Lack of health/education/basic amenities & in fractural facilities along with malnutrition- calorie :-child to youth 800 to 1700 adult 2200 to 2700 not availed due to which nation is far behind in human development index.

Country in which Judges of the supreme court are reluctant to divulge their property tax returns, Eminent legal luminary & jurist Shanti Bhushan has to alleged that out of 16 supreme court judges 50% were not honest. If this is the situation with guardian of constitution of India serious reconsideration is require to towards governance & public administration to restore credibility & turn it in to good governance.

3/ If office procedure is not followed scrupulously & principles of natural justice are not observed in public administration undoubtedly more & more complaints & grievances are to be crop up.
To over come This :-

4/ (a) First in first out principle - to be applied for every application or complaint to address & dispose off.
(b)Equity before law must be maintained. Thus in similar cases & similar situation equal treatment should be meted out .

(c)Record held under the control of public authority should be classified regularly & put up on web & published too periodically.

(d) grievance redressal should be quick
(e)public duty must be performed scrupulously by every public/government servant with uniformity in ideology, speech & action or behaviour.

5/ To implement the suggestions it is prerequisite to have honest, integrated, committed & loyal staff/ personnel with high moral & ethical values.
For which centralized recruitment system with experts from concerned field & professional approach need to be on the panel of selection committee rather than mere political selectors.

6/ Prompt actions on administration front to prevent & remove illegal encroachment on public land should be undertaken & reviewed periodically.
7/ Another is to seek plan permission is quite cumbersome, time consuming, complicated & expensive process. This certainly needs to be simplified & make more easy, citizen friendly & economic one to encourage more & more people to legalize the construction. In case of enemas unauthorized constructions special policy may be considered with some relaxation giving certain cut off date.
8/ In many of the departments still lack of clear policy is one of the reasons giving more & more discretion to the officers to take decision. This need to be prevented.
Policy need to update regularly adopting continuous research & development process.
9/ E governance, digitization is the best option towards transparency & accountability front.
Of course looking to mere 7% internet user against 70% mobile users in our country a step ahead than e. governance is to resort mobile governance is an essence of era. More & more public & civic service access, complaint & redressal may be resorted through mobile governance system.

10/ So far as information commission is concerned practice of keeping hearing in each & every case becomes monotonous & time consuming too. Apart from that it becomes expensive too on public exchequer. As pointed out by appellate officer & some of the PIO’s as well as suggested by Price water house cooper regional benches of information commission may be set up for speedy disposal 7 to maintain credibility of the act & mechanism under RTI act. Hearing through video conferencing may be one of the options in the era of E. governance.

Summary trials on the basis of merit keeping in mind facts, circumstances & documents of the case is one of the option. Because if up to 1.5 to 2 year if matter is not coming to the board of commission certainly at longer run it is going to create similar situation as of pending court cases 2.5 crores across the nation. To prevent this speedy disposal is of utmost importance at commission level. Also calling to PIO 7appellate each time by the commission is the matter to worry because in each such trip if they have to travel a distance of to & fro 500 K.m. it cost exchequer 8 to 10 thousand per day excluding man days lost. Thus to prevent it more scrutiny may be at first appellate level & other officers at commission level & matter must be disposed off within one hearing whether applicant or pio remains present or not.
11/ There is no provision of interim stay in case of third party information if PIO or appellate officer come to the conclusion to disclose the information ignoring objection raised by third party. As per principle of natural justice this provision should be there.

12/ One of the most debatable point round the corner is whether public limited companies or corporate sectors should be covered under this act or not. So far as present definition of the act is concerned what ever information pertains to the company lying with either company registrar, SEBI or any government authority that may be disclosed if read with definition of information. But the manner in which the fourth largest computer software company satyam was handled by it’s than CEO RAJU manipulating more than 6000 crores of Rs. Another case if discussed of companies benefited it 2 g spectrums & now if they will have to shell more license fees towards it certainly this will be without taking in to confidence the share holders too. Thus In the case of public limited companies where public fund is involved second thought is required to include these companies too under this act.
13/ Most glaring example is of supremacy of right to privacy or right to know? In case of NIRA Radia TAPES Ratan tata has raise this question. Citing disclosure is violating his right to privacy. If looked at wiki leaks agency exposing many of such international reports too is in controversy. If looked towards both the case both have exposed the system, corruption or abuse of power. If right to know is considered, as constitutional right under article 19 coupled with 21 than obviously it dominates over right to privacy. In public life or when public interest outweigh right to privacy becomes secondary. Even otherwise if thought from value & ethical point of view any thing done with ethics or morality & values need not to conceal & that is the transparency. Thus Right to know undoubtedly prevails over right to privacy.
14/ Majority of applications received under RTI pertains to grievance redressal. While RTI act is concerned it is limited to providing access of information. Grievance rdressal is out of per view of the act. Once information I availed by the applicant & PIO or authority admits inaction, laziness or omission/ commission one has to approach same department for remedy. To prevent this situation annual review of such cases across the state may be taken seriously & through public hearing such cases should be redressed

15/ In their feed back majority of PIO have committed that applications with multiple authority information takes time to receive to concerned pio & hardly they are getting sufficient time to dispose off within stipulates time. Many a times end pio receive application duly transferred after a month this is one of the reason for delay disposal. To overcome this incase of applications with multiple authority information when application is transferred by first authority to another all succeeding authorities unless & until fresh fee is paid by the applicant except first one time of disposal for rest of public authority should not be reckoned. Of course for this section 6 & 7 should be amended accordingly. This is not to scuttle the RTI but to harmonize conflicting interest on public administration front.
16/ Simultaneously majority of PIO have clearly mentioned in their fed back 7 interactions that section 8(1)j personal information & section 11 third party information need to be clarified more,. Even Municipal commissioner has also express similar view.



On public/ people front:-

India is democratic country & people are supreme. But it does never mean to say that nexus of media/politicians & criminal/ antisocial should dominate over the administration.
As fear pointed out by many PIO & appellate officer it is simultaneously very necessary to prevent the persons especially from yellow journalism to miss use the RTI ACT.
the manner in which the sensational Nira Radia's clout with media & power corridor in politics emerged the fear pointed out by the functionaries is not out of time.
Perhaps it is other side of the act. No body can be prevented from using the act but at least more awareness efforts on administration front to educate the people not to succumb to such extortion is the best way. Co operation of committed NON GOVERNMENT organization can play pivotal role.

Majority applications under RTI seeking information pertains to actions not taken by authority for longer period. E.g. in case of illegal constructions on mass scale in urban areas & mega cities is common phenomena. Lack of prompt actions on administration front to prevent & remove illegal encroachment on public land is one of the major cause.

One of the aim of RTI act is to bring transparency & accountability & people are seeking such information under RTI but root cause is the demoralization of entire society.
Manner in which day by day one or another type of scams are immerging , people are becoming more & more materialistic. If looked at common wealth games, two g spectrum, Adarsh society & involvement of media & industrialist It seems that in the aftermath of this century no more technocrats or management experts will be required but sociologists, psychologist & psychiatrist will be required to exorcise people from stress & depression. Because so far as issue of corruption is concerned not only public servants are responsible but equally people are too. They have also no patience or courage to resist corrupt system. As said without two hands clap is not possible. People have to get the work done either out of turn or out of way Thus they also allure public servants to resort corruptive practice. To prevent this Not only education but edification will also be equally required right from school curriculum to higher education & professional level to incorporate the concept of ethics, morals, business, professional or service ethics, code of conduct & values in life. Previously this was done by mother while nourishing & nurturing child But now a days working mother &women empowerment have deprived children from this . Thus now it is to be under taken by committed NGO & social organization. Perhaps compulsory such awareness programme need to conduct.








Right to information Act 2005

Certain suggestion to amend the act under section 25 (g) of the act.

1 In the preamble Rather than " to provide for furnishing certain information to citizens"
Be amended as "people"
As the word citizen restrict rest of the people who are not citizens from Seeking information. Also this will be in consonance with the provision
under section- 6
5 Section 5(2) Provided that where an application for information or appeal is given to central Asst. PIO or State Asst. PIO -
the words Central PIO or State PIO other than designated PIO for particular information in particular public authority should be inserted before central or state APIO.

When 5 days grace period is permissible in case of application made to
APIO why not in case application made to other PIO.
6 Section 6 (1) - after "A person who desires to obtain information" words including an appeal should be inserted.
7 Section 6 (4) may be inserted as " if applicant is seeking information of more than one public Authority, on transfer under section 6(3) shall pay prescribed application fee within 7 days to such Public Authority within 7 days of intimation of transfer of request. Failing which it will be treated as withdrawn.

As every application should be with fee . An appeal made under this act is also separate application there for it should not be free. while applicant may seek info under one P.A. of as many PIO but not in one application of many public authority. This will also simplify the disposal procedure within time limit. Applicants bona fide can also be ensured.
5 Under section 8 (j) After “ Information which relates to personal information”
Following provision may be inserted. “ Except statutory information or details furnished by any person or body to the public Authority to fulfill legal obligations”

As any information provided to fulfill legal obligation to the P.A. Can not be
categorized normally as personal info. Thus to avoid inevitable disputes of
appeal or cases of denial & ultimately to maintain the spirit & provisions of
the act.
6 In section 11(4) following may be inserted after the words “under section 19
against the decision.” And in such event PIO will not disclose such information for the period of appeal i.e. for 30 days from the date of intimation notice of overruling objection raised by third party to him/her to facilitate the third party to prefer an appeal. Appellate Authority may grant interim stay or reject the appeal in such case.

As there is no provision to protect the interest of third party in the event of not
acceptance of objection by PIO. IF THIS PROVISION IS NOT INSERTEDTHERE IS NO USE OF APPEAL BY THIRD PARTY ONCE INFO IS DISCLOSED BEFORE THE DISPOSAL OF HIS/HER APPEAL.
7 In section 19(1) after “Prefer an appeal “ following should be inserted.
“Accompanying such fee as may be prescribed.”

To ensure bona fide appeal this becomes necessary.
8 In section 20 This may be inserted as 20(3)

Any public authority who has violated the any provision of section 4, 5, 25 or 26 And also any first appellate authority who has violated the provision of section 19(6) or without applying principles of natural justice or good faith
disposed off the appeal or upheld the decision of PIO to deny the information or refusal of application in any way without proper justification provided under the act may be penalize as per the provision stipulated in section 20 by the central or state information commission by following the procedure laid down under section 20.

As penultimate provision for Public Authority under section 19 & for PIO & deemed PIO under section 20 have been made for the reasons mentioned there in but not for the rest. While there is no such provision for First appellate Authority under the act. To ensure spirit & provision of the act & scrupulous implementation of the act the officer senior in rank of PIO should also be held responsible.





























Chapter 6
Conclusion & suggestions.

Case study reveals that SURAT municipal corporation is succeeded in displaying on web site up to major extent. Out of 17 manuals


(ii) the powers and duties of its officers and employees;

(iii) the procedure followed in the decision making process, including channels of supervision and accountability;

(iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

Are partially displayed.
In manual 2 duties & job descriptions of subordinate staffs for remaining departments need to display.
In manual 3 most of the departments have displayed channel of supervision but accountability from citizen charter point of view that is time to supervise & dispose off is yet to put up.
In manual 4 norms set by it for discharge of it’s function is put up to very little extent. That need to put comprehensively.
While in manual 5 entire record rules of way back 4 decades ago has been put up. But it does not indicates actual records held by PIO or public authority. It just indicates which record is to be maintained, that is also of prior to four decades situation. After forming rules in 1966 many changes are witnessed right from conversion in Municipal Corporation to expansion of city almost five times. In context to 74th constitutional amendment new parameters are included in local self governance functioning, right from revenue to expenditures, public private partnership concept, new projects etc need to update record list & accordingly actual record held need to display.
So far as publication of manuals are concerned as pointed out by nodal officer & deputy municipal commissioner that is under process.
Rest of the manuals are put on web satisfactorily. While in some of the cases it is beyond what act says. As SMC has a web site of more than 1000 pages it contains much many information people may access spontaneously. It is praise worthy. For the E. governance SMC has in account couple of national awards too.
Effort of SMC to put kiosk on civic centre for the public especially those who could not use internet is certainly admirable in the context of section 26 to maintain spirit & intention of the act.
Initiative of mobile governance information system is even step ahead of E. governance which is right now at initial stage of couple of banking facilities only.
Publicity & campaign for RTI & to make aware people through digital display board across the city is the step in right direction. Very few Public authorities might have done.

Status of RTI requests & appeals received & disposed of SMC is as under

YEAR PIO Appellate
Authority No. of requests
accepted Request disposed No. first
appeals Disposal
05 --07 18 1 974 775 103 85
08--09 25 3 2934 2288 427 412
09--10 28 3 6366 4903 463 463


If looked at feed back received from applicants :-
They have also tick marked to more than one options.
So far as How they came to know about RTI
42% said SMC publicity & advertisements While 35% contribute it to media, 10% gave credit to Television & local channels While rest said through NGO

Regarding kind of information sought :
50% said pertains to citizen charter,39% said pertains to grievance not redressed, equity before law not maintained along with statutory public service related matters including civic services not provided.. 21% accepted of seeking information related to third party.
Almost 43% accept to be satisfied with the information given by PIO While equal Number said not satisfied. But 14% gave mixed response.
In case of dissatisfaction regarding information provided by PIOs
45% assigned the reason providing information late.
54% said information was not provided to them. As they have opted multiple options here also 43% said they were denied the information by PIO showing excuse of record not available.
7% said PIO s were failed to reply all their questions.
While 21%said that they were asked to inspect the record & get the copies
Number of applicant ions denied invoking various exemptions under the act shown by applicants in feed back in terms of percentage is 25.
So far as first appeal order process evaluation is concerned by the applicants 29% expressed pleasure While 32% shown dissatisfaction, & 7% gave mixed response.
On asking to specify the factors for displeasure towards first appellate officer’s order 25% said F.A.A. has upheld the decisions of PIO While 32% said their appeal was partly allowed by F.A.A.
On asking to give overall rating of implementation of the act in SMC 36% rated very good, While 11% opted for good. 22% said it is satisfactory & 29% opted for not satisfactory performance.
If summarized overall performance evaluation by the applicants in their feed back just 29% are dissatisfied which indicate that 71% are happy with the performance of SMC.
It is also pertinent to note here that out of more than 60 forms sent to various applicants through civic centers of SMC only 28 has preferred to give feedback rest desisted from such exercise. Even on approaching couple of repeated applicants to give feedback they categorically replied verbally that they don’t wish to give as out of couple of requests some reply are they do not find satisfactory. Thus applicants who wish desired reply or redrassal of grievance & that has not been materialized they have given either negative feedback or opted not to give feedback. Thus feedback of the applicant on sample basis can not be generalized. It is also note worthy that disposal data availed from the computer programme of SMC which statistics are sent to state are considered more reliable because that covers the details of all applications.

If evaluated, mix response is given by the applicants. Many of the applicants have accepted showing display board & digital sign board Thus publicity make by SMC. Majority of the applicants shown satisfaction While in case of some they have shown dissatisfaction towards manipulated reply. Actually all the applicants feed back if compared with the record, majority of applicants are desiring the reply of their wish. Grievance redressal, expectation is high etc are the cause for dissatisfaction.
If looked at the feed back of functionaries:-

PIO have tick marked in multi options where ever more than one option consisting applications are received.
Kind of applications received by PIO in terms of percentages if summarized:
more than 50% consist of civic services & non redressal of grievances.
25% belongs to citizen charter
rest 25% consist of enforcing accountability & transparency, equity before law not maintained & obligatory duties & public interest related.
All these includes 38% third party information & seeking information of very old record.
While so far as PAD Is concerned 75% have accepted that record held is not displayed which includes 56% citizen charter related matter not displayed.
Almost 19% accepted that details of organizations, concessions & permits , channel of supervisions is not displayed, While 31% said list of beneficiaries is yet to be completed.
So far as delayed disposal reasons are concerned 63% have said that past record is not available is one of the prime reasons. Which includes 50% applications seeking voluminous records. 44% shown the reasons of staff crunch, while 19% rated to laziness of staff.
One of the question pertains to observations of abuse of law 56% said in the name of BPL seeking voluminous record & applications seeking multiple questions. Rest 40 includes such applicants who later withdrew applications for other work or repeated applications to get desired reply.
It is also pertinent to note that verbally while in interactions many of the PIO categorically said that one of the prime reason for late disposal is number of parallel duties assigned to the staff & officers like census, election work, state functions, celebrations of various occasions announced by state government or authorities etc apart from their regular duties, which directly affect adversely to timely disposal of RTI applications.
Even in their suggestions they have emphasized for regular staff be deputed for RTI applications accompanied by regular training. With that they have expressed the opinion of curbing the menace of applications seeking multiple authorities information in the single application to prevent delay to transfer to number of authorities.


Thus majority of all PIO are unanimous in late disposal reasons i.e.,. multiple transfer, Staff crunch & seeking voluminous information by the applicants.


All have accepted the need to strengthened proactive disclosure,& up to major extent that has been done as said by all. So far as RTI training is concerned they are satisfied with it. & the efforts made by SMC are certainly in consonance with the provisions.
Almost all PIO’s have express worry towards applicants with ulterior motive. Otherwise by & large all PIO’s performance is satisfactory. If compared to national statistics the performance of SMC PIO is far better.
Most of the PIO in their feed back have categorically said that personal information & third party information need to be clarified more. Even municipal commissioner has also expressed similar view.
If same is compared with the actual record & data availed from SMC:-


90% applications satisfactory disposal at PIO level is sure good sign of positive attitude of SMC towards RTI act. Out of total 14977 total requests so far only 139 are rejected thus just 1% of total requests.
Even in first appeal also out of 1409 294 i.e. 20% are dismissed while 80% first appeal orders are in favor of applicants. Even in case of dismissed appeal either applicants have received the reply while appeal or their persistence to provide information creating the information only is not sustained. This is corroborated by the orders of state information commissions in second appeal in which none of the first appeal authority order is flayed or overruled. Only one case of penalty that is also for delay after first appellate orders on the part of PIO to implement has been noticed. Thus even at first appeal majority decisions are in favor of applicants this shows affirmative attitude towards act by SMC.
Though just one month applications i.e. more than remained pending as backlog but looking to spirit of the act that also need to streamline to zero level backlog.
This is quite not easy considering flow of applications & multiple transfers but with gradual efforts SMC can achieve this feast too.
SMC is a step ahead in submitting periodical information regularly to state & information commission. Software programme developed by SMC for RTI to enter every request right from receipt to final disposal & auto generated reports, to review it periodically & remind the PIO & functionaries is simply exemplary showing others to follow the path.
All first appeal orders are at the end of quarter put on web site of SMC. Which many few public authorities except Information commissions are used to is certainly guiding for others. Even if referred the orders made by first appellate authority some of them are in context to preamble of the RTI act, some with reference to section 4 c & d i.e. public consultation &right to know the policy changes or affected person &some in context to section 25 & 26 to maintain spirit & intention of the act are worth appreciable because ordinarily these kind of orders are issued by judicial l or law interpreting authority ¬ at subordinate level.




FEW SUGGESTIONS:-

Right to information act is major break through in public governance.
The Father of Nation Gandhiji had quoted that "The real Swaraj will come not by the acquisition of the authority by a few, but by the acquisition of the capacity by all to resist when abused."
Nobel Laureate Neil Bohre had said - "Secrecy is best weapon of dictatorship & openness should be best weapon of democracy."
After 58 years of independence & 55 years of republic India this act has realized people of India true independence & republic.
Of course constitution is enacted, adopted & gave by people of India narrating people supreme in democracy but RTI has realized people of India in true letter & spirit when common man became such a power full person to question how so ever big authority to justify it’s decision.
Good governance also demands that there should be transparency, accountability, responsiveness, equity and inclusiveness. & RTI act is the step towards it in absolutely in right direction.
But get the fruits of the act, to implement the act in true letter & intention, mind set of bureaucrats to people need to change. As quoted


When we are no longer to change the situation we are challenged to change ourselves.
Soul searching, & to act as per conscious.
To go with the content of the act not intent.
Have positive attitude & treat applications under RTI to evaluate/ introspect to improve.
RTI to be treated as third party inspection, rather than complex towards it.
Facts came to notice under RTI act to the authority should always be treated as public evaluation of functioning of authority & public authority should sportingly snatch the opportunity to introspect.
People should use the act with sporting spirit & not with any ulterior motive. This kind of negativity from the mind of peop0le should also need to change. Practice of such applicants should be discouraged by RTI activists & NGO too to maintain morale of administrators.

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