LESLIE ALMEIDA | 1 Jun 04:40 2009
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46 hour Jail Experience, whats the remedy.



Yes this is absolutely True
 
1. The Root cause is not attended :
2. PIO will relax and treaten to Punish without reason
3. People wont get the information they seek
 
point No 2 has happened in some cases they have taken out their vengance on applicants
 
so what is the remedy
 
The UPA Govt who had brought in the RTI act, should plug the loopholes, and
make ammendement in RTI act to bring about total transperency.
 
Rgds
Leslie Almeida

--- On Thu, 5/28/09, Sridharan Pillai Pakkam Nattu <p.n.sridharan <at> gmail.com> wrote:

From: Sridharan Pillai Pakkam Nattu <p.n.sridharan <at> gmail.com>
Subject: Re: [mumbai_intellectuals_voice_and_media_source] 48-hour Jail Experience Part I
To: mumbai_intellectuals_voice_and_media_source <at> yahoogroups.com

Deaqr Krishnaraj and colleagues,

Why the CIC is not sensitive to the issues in question which ultimately lead to all dramas ?.

why no action is taken against the CIC for having failed to discharge his duties still remains ?

What should be the future course of action since CIC has made sure that  henceforth
  no one agitates for justice ?

My inference -

 a . The root cause is not attended ;
 b . PIO will relax and threaten to punish without any reason.
 c . People won't get the information they seek .

What arrest means for the public ?

1 . oppression and suppression of those who question the authority after putting their best efforts after repeated attempts .

2  As a  a precedence,  their  arrest has also given the signal to all the officers dealing with RTI in the country  that they can put their foor down on the public and keep them at bay..

3. If an enquiry on the demands of the activists is not conducted and justice rendered,
    will ultimately spell death to the spirit of RTI Act.

4.   In future, we shall read more and more activists being arrested for agitating against
 delays and not taking punitive action on the officers who go unpunished for their
 failure to implement  RTI Act in letter and spirit.

"Regards,

Sridharan

ic

2009/5/27 Krishnaraj Rao <sahasipadyatri <at> gmail.com>

How we landed in Jail – a brief account
Dear friends,
Since our release last Thursday after 48 hours in police and judicial custody, we have been repeatedly asked: “What exactly happened? Why were you charged with trespass, rioting, assault etc? Did you go on a rampage in Dr Suresh Joshi’s office or courtroom? How can singing Jana Gana Mana get somebody into so much trouble?”
People also ask, “How did it feel to be in jail? How are you feeling now? Aren’t you ashamed of being branded as criminals?”
On behalf of our small group of jailbirds, who proudly call themselves the Jana Gana Mana group, let me put the facts on record. I shall write this in three parts:
Part I: What exactly happened at Maharashtra State Information Commission on Tuesday, 19th May? Why did we get arrested? Why did CSIC Dr Joshi lodge an FIR with the Police?
Part II: What were the events in the earlier months that built up to this incident? Were we very aggressive or did we misbehave in earlier meetings? What put Dr Joshi into his negative / angry / vindictive frame of mind?
Part III: How did it feel to be in police lockup, taken around in police vans, marched barefoot to the Magistrate court, and sleep among 130 assorted inmates at Arthur Road jail? How was the food, and how were our conversations with undertrials and hardened criminals?
Today, I shall write only Part I.
What happened on the afternoon of 19th May
Dr Srikant Prabhu, a 67-year-old veterinarian, had a second appeal hearing before Dr Suresh Joshi at 4.30 pm. He was accompanied by G R Vora and Mohd Afzal. They completed that hearing before the other activists arrived one by one at the State Information Commission.
In fact, we were not one homogenous group. Two groups and some individual activists pursuing their own cause were together at this meeting to press for clean implementation of the RTI Act.
·        Krishnaraj Rao, G R Vora, Mohd Afzal and Sunil Ahya comprise one group. They had been following up Dr Suresh Joshi for proper implementation of RTI Act since November 2008.
·        Another group consists of Mukund Parikh, Dr Srikant Prabhu, Sanjay Ghatalia and K N Singh.
·        Vijay Chavan is a social activist who had been pursuing a number of second appeals, and successfully got several PIOs penalized.
·        Ravi Kiran Haldipur was an appellant who had recently become interested in our cause and our methods.
Our group – the first one -- submitted a letter to the inward department. The letter warned that if Information Commissioners implemented penal provisions of RTI Act in an arbitrary or mala fide way, then Sec. 217 & 218 of the Indian Penal Code would be applicable. They could be hauled to court and jailed for such action. Attached to this letter were relevant judgments of High Courts and Supreme Court.
Read letter here: http://www.box. net/shared/ l9tmt6zs3y
Having submitted the letter, we spoke to Dr Joshi’s Executive Assistant Kalpana Gavas, and asked for a time to see Dr Joshi. She said that he was too busy to see us, as he had a doctor’s appointment at 5.30.
So we said we would go inside and observe his court hearings. (This is something that we have been doing a couple of times every month, in groups of varying sizes.) Again, she consulted Dr Joshi and said that only five of us could go inside at one time. We decided to disregard this.
We entered, stood or sat at the back, and observed one hearing. After the hearing was completed, we requested Dr Joshi (who had a band-aid on his forehead) for a brief meeting to submit our letter personally. He granted us five minutes and asked us to come to the front. Dr Joshi said that he would henceforth meet us and other activists only on the first Monday of every month. We told him that this was unacceptable, as the list of things that he had promised and had not implemented was growing longer, requiring more frequent meetings.
Suddenly, a well-known social activist who had come with us for the first time, stood up and announced that he always began this kind of meetings by singing the National Anthem in order to invoke a patriotic spirit. (He had earlier sung the National Anthem at the office of Dr Patangrao Kadam, Maharashtra Housing Minister.) He then unilaterally started singing Jana Gana Mana. The rest of us joined him in chorus. Dr Joshi remained seated for the initial three lines, and then shook his head in dismay, got up and left the room by the back door which leads to his chamber.
After we finished singing, we waited a few minutes for him to return, and then someone went outside to find that Dr Joshi was leaving. Standing in the lobby, he said loudly that this was not the way, and he was calling police. We said that if that was indeed the case, they we would wait for the police to arrive.
We waited in the lobby for half an hour, and took this group photo: http://www.box. net/shared/ c3adg3gzg3
When we asked Ms Gavas again whether we were required to wait any longer, she asked us to wait. Approximately an hour after Dr Joshi’s departure, around 15 policemen arrived, took the statements of Ms Gavas and other office staff, took the group to Marine Drive Police Station in a police van and told us to sign us the arrest/surrender form. We were put in police custody at Azad Maidan Police Station overnight. Next day we were produced in Court and granted bail on a surety of Rs 20,000 per head. As we could not produce this at short notice, we were sent to Judicial Custody at Arthur Road Jail.
We were charged with the following offences:
Section 143- Whoever is a member of an unlawful assembly shall be punished with imprisonment of either description for a term which may extend to six month, or with fine, or with both.
Section 145- Joining or continuing in unlawful assembly, knowing it has been commanded to disperse- Whoever joins or continues in an unlawful assembly, knowing that such unlawful assembly has been commanded in the manner prescribed by law to disperse, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 146- Rioting- Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of rioting.
Section 448- Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or which may extend to one thousand rupees, or with both.
Section 452- House-trespass after preparation for hurt, assault or wrongful restraint- Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
353- Assault or criminal force to deter public servant from discharge of his duty- Whoever assaults or uses criminal force to any person being a public servant in the execution of his duty as such public servant, or with intent to prevent or deter that person from discharging his duty as such public servant, or in consequence of anything done or attempted to be done by such person in the lawful discharge of his duty as such public servant, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
We were charged with the following offences:
Dear friends, many of us agree that the Jana Gana Mana singing was unnecessary and distracting. It happened in an unpremeditated way, and was not to our liking… but once someone in our large group started singing, we felt that the only gracious thing to do was stand at attention and join in.  We could not stop him midway by poking his ribs or kicking his shin, could we?
 Our conduct as a group may at worst be described as inappropriate or unruly. However, does this justify the serious charges levelled against us viz. assault, rioting, house-trespass etc? Does this justify the police harassment?
The response by Dr Joshi and the police was out of proportion.. . a bit like throwing someone into jail for crossing the road when the light was red. Don't you think so?
Warmly,
Krish
98215 88114

--
Adiyen Dasan
P.N.Sridharan.
Sarena  C 502
Shanti Park
Ghatkopar East
Mumbai 400077
Ph:91-022-2506 5011

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    N.K. Handa | 1 Jun 08:52 2009
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    Re: Compensation to be paid if info not provided under RTI



    I entirely agree for compensation to RTI Applicants.  Rather the penalty if imposed and collected should be passed on to the RTI Applicants.
    thanks
     
    NKHANDA

    --- On Sun, 31/5/09, LESLIE ALMEIDA <lesals2000 <at> yahoo.com> wrote:

    From: LESLIE ALMEIDA <lesals2000 <at> yahoo.com>
    Subject: [rti_india] Compensation to be paid if info not provided under RTI
    To:
    Date: Sunday, 31 May, 2009, 12:33 PM

    This should be made mandatory in all states, and we should fight for its implimintation, as we spend a lot of money filing RTI appeals,
    1st appeals, 2nd appeals, cost of paper, typing, court fee stamps,
    postage charges, travelling to all theses departments,
    and finally we dont get information, and penality imposed which goes into govt coffers ( sadly to say this also does not happen)

    Compensation to be paid if info not provided under RTI
    Posted by: "Young India" youngindia <at> hotmail. com
    Sun May 17, 2009 7:47 pm

    Compensation to be paid if info not provided under RTI

    PNS | Bhubaneswar

    The Right to Information Act would be followed in a more stringent way in the State. If any department fails to provide the information as sought by the public, the department would be liable to pay compensation to the person.. Earlier, the concerned official was only liable to pay the penalty.

    A decision to this effect was taken at a high level high level meeting on Implementation of RTI held at the State Secretariat on Friday. While the Chief Secretary presided over the meeting, the State Commissioner Jagadananda attended the meeting. Secretaries of all the department all attended the meeting.

    It was decided that a special cell would solely be created whose basic job is to provide the information to the public. This scheme has already been introduced in the Bihar and it has been a huge success.

    Information and Public Relation (I&PR) Department would act as a nodal agency. All the departments will provide the information to the department on a monthly basis. By the end of May 31, a detailed annual report would be prepared.

    Steps would be taken to provide information to the people under the RTI in the tribal areas without any charge. So far action has been taken against 145 officials for not imparting information under the RTI

    Bollywood news, movie reviews, film trailers and more! Go to http://in.movies.yahoo.com/

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      Helpline Helpline | 2 Jun 07:10 2009
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      Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?



      Respected Sir,
       
      Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
       
      Thanks

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        suresh nangia | 2 Jun 09:30 2009
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        Re: Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?



               The Consulate of Saudi Arabia is the representative office of Saudi Arabia, a foreign country, and it is not a part of Indian Governance system. As such, they  do not fall  within the purview of RTI under (Indian) RTI Act. Laws enacted by the legislature of any sovereign country are not  applicanle to other countries and/or their representative offfice(s).  Accordingly, you cannot file an RTI Application with the Consulate for accessing information under the provisions of an Indian Law.
         
               You can, however, write a letter to them requesting them to share with you the information that you are loking for abour the Rules governing issuance of visa for a visit to their country. Most Consulates generally share such basic information(s) with the foreigners / tourists intending to visit theri country.
         
        S K NANGIA 
              

        --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

        From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
        Subject: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
        To: rti_india <at> yahoogroups.com
        Date: Tuesday, 2 June, 2009, 10:40 AM

        Respected Sir,
         
        Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
         
        Thanks

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          Helpline Helpline | 2 Jun 15:19 2009
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          Thanks for reply, Does india have visa law ?



          Respected Sir,

          Thanks for reply, Does india have visa law for gulf ,if so how can i get information for that laws.
           
          I want to study and stop the exploitation of poor people who are exploited by international travels agents.
           
           

          --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

          From: suresh nangia <sknangia2004 <at> yahoo.com>
          Subject: Re: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
          To: rti_india <at> yahoogroups.com
          Date: Tuesday, June 2, 2009, 7:30 AM

                 The Consulate of Saudi Arabia is the representative office of Saudi Arabia, a foreign country, and it is not a part of Indian Governance system. As such, they  do not fall  within the purview of RTI under (Indian) RTI Act. Laws enacted by the legislature of any sovereign country are not  applicanle to other countries and/or their representative offfice(s).  Accordingly, you cannot file an RTI Application with the Consulate for accessing information under the provisions of an Indian Law.
           
                 You can, however, write a letter to them requesting them to share with you the information that you are loking for abour the Rules governing issuance of visa for a visit to their country. Most Consulates generally share such basic information( s) with the foreigners / tourists intending to visit theri country.
           
          S K NANGIA 
                

          --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

          From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
          Subject: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
          To: rti_india <at> yahoogrou ps.com
          Date: Tuesday, 2 June, 2009, 10:40 AM

          Respected Sir,
           
          Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
           
          Thanks

          [Non-text portions of this message have been removed]

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            suresh nangia | 2 Jun 18:58 2009
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            Re: Thanks for reply, Does india have visa law ?



                Dear Sir,      
             
                 Visa is a sort of permit issued by a sovereign country which allows a visitor from a foreign country to enter / visit that country. Visa regulations are formulated to regulate the entry of foreign nationals to that country, and it cannot be seen as a sort of control tool for monitoring its usage / compliance in another (foreighn) country, like we seem to be looking for here.
             
                      If you want to know the details about visa regulations for Saudi Arabia or for that matter any other middle east country, you may better write to Consulate of that country. They will be too happy to apprise you about this. Un-authorised entry of foregners (that is without a proper visa) is a problem viewed seriously by all countries and they all will be too keen and eagre to tell you the requirements about / for visa.   

            --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

            From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
            Subject: [rti_india] Thanks for reply, Does india have visa law ?
            To: rti_india <at> yahoogroups.com
            Date: Tuesday, 2 June, 2009, 6:49 PM

            Respected Sir,

            Thanks for reply, Does india have visa law for gulf ,if so how can i get information for that laws.
             
            I want to study and stop the exploitation of poor people who are exploited by international travels agents.
             
             

            --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

            From: suresh nangia <sknangia2004 <at> yahoo.com>
            Subject: Re: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
            To: rti_india <at> yahoogrou ps.com
            Date: Tuesday, June 2, 2009, 7:30 AM

                   The Consulate of Saudi Arabia is the representative office of Saudi Arabia, a foreign country, and it is not a part of Indian Governance system. As such, they  do not fall  within the purview of RTI under (Indian) RTI Act. Laws enacted by the legislature of any sovereign country are not  applicanle to other countries and/or their representative offfice(s).  Accordingly, you cannot file an RTI Application with the Consulate for accessing information under the provisions of an Indian Law.
             
                   You can, however, write a letter to them requesting them to share with you the information that you are loking for abour the Rules governing issuance of visa for a visit to their country. Most Consulates generally share such basic information( s) with the foreigners / tourists intending to visit theri country.
             
            S K NANGIA 
                  

            --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

            From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
            Subject: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
            To: rti_india <at> yahoogrou ps.com
            Date: Tuesday, 2 June, 2009, 10:40 AM

            Respected Sir,
             
            Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
             
            Thanks

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              Helpline Helpline | 3 Jun 06:52 2009
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              Thanks for reply




               
              Thanks for reply..
               
               
               
               
               
               

              --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

              From: suresh nangia <sknangia2004 <at> yahoo.com>
              Subject: Re: [rti_india] Thanks for reply, Does india have visa law ?
              To: rti_india <at> yahoogroups.com
              Date: Tuesday, June 2, 2009, 4:58 PM

                  Dear Sir,      
               
                   Visa is a sort of permit issued by a sovereign country which allows a visitor from a foreign country to enter / visit that country. Visa regulations are formulated to regulate the entry of foreign nationals to that country, and it cannot be seen as a sort of control tool for monitoring its usage / compliance in another (foreighn) country, like we seem to be looking for here.
               
                        If you want to know the details about visa regulations for Saudi Arabia or for that matter any other middle east country, you may better write to Consulate of that country. They will be too happy to apprise you about this. Un-authorised entry of foregners (that is without a proper visa) is a problem viewed seriously by all countries and  they all will be too keen and eagre to tell you the requirements about / for visa.   

              --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

              From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
              Subject: [rti_india] Thanks for reply, Does india have visa law ?
              To: rti_india <at> yahoogrou ps.com
              Date: Tuesday, 2 June, 2009, 6:49 PM

              Respected Sir,

              Thanks for reply, Does india have visa law for gulf ,if so how can i get information for that laws.
               
              I want to study and stop the exploitation of poor people who are exploited by international travels agents.
               
               

              --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

              From: suresh nangia <sknangia2004 <at> yahoo.com>
              Subject: Re: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
              To: rti_india <at> yahoogrou ps.com
              Date: Tuesday, June 2, 2009, 7:30 AM

                     The Consulate of Saudi Arabia is the representative office of Saudi Arabia, a foreign country, and it is not a part of Indian Governance system. As such, they  do not fall  within the purview of RTI under (Indian) RTI Act. Laws enacted by the legislature of any sovereign country are not  applicanle to other countries and/or their representative offfice(s).  Accordingly, you cannot file an RTI Application with the Consulate for accessing information under the provisions of an Indian Law.
               
                     You can, however, write a letter to them requesting them to share with you the information that you are loking for abour the Rules governing issuance of visa for a visit to their country. Most Consulates generally share such basic information( s) with the foreigners / tourists intending to visit theri country.
               
              S K NANGIA 
                    

              --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

              From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
              Subject: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
              To: rti_india <at> yahoogrou ps.com
              Date: Tuesday, 2 June, 2009, 10:40 AM

              Respected Sir,
               
              Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
               
              Thanks

              [Non-text portions of this message have been removed]

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                rti mukyadara | 3 Jun 08:34 2009
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                Re: Thanks for reply



                I think a little more light is required on the issue mentioned. it not an issue related just the ordinary type of visa .. normally everything  transparent about visa rules..
                I think here what is mentioned is employment visa.. it is an hot cake in the employment market . it gives wings to the dreams about  Arabian castles and hoories . so there are a lot of  stake holders and  with out their help  it is impossible  to get your dreams achieved. the first point is the travel agent.. through him the passport office, immigration office, embassy.. if you want to tomorrow.. pay this much... or .. your visa or passport has this problem.. pay this much.. otherwise you can't go... there is a chain of exploitation in this area
                 
                of course RTI can be used to rectify this ...
                find out the real problem ...ask  PIO of the passport office or immigration or embassy....
                 
                if the problem is with the travel agent ask the concerned ministry ( I think it is the ministry of external affairs )
                for example...  travel agent is overcharging .. ask the ministry what is the stipulated charge..
                what is the penalty when overcharging is traced ....
                rgds sherfudeen   

                --- On Wed, 3/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

                From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
                Subject: [rti_india] Thanks for reply
                To: rti_india <at> yahoogroups.com
                Date: Wednesday, 3 June, 2009, 10:22 AM

                 
                Thanks for reply..
                 
                 
                 
                 
                 
                 

                --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

                From: suresh nangia <sknangia2004 <at> yahoo.com>
                Subject: Re: [rti_india] Thanks for reply, Does india have visa law ?
                To: rti_india <at> yahoogrou ps.com
                Date: Tuesday, June 2, 2009, 4:58 PM

                    Dear Sir,      
                 
                     Visa is a sort of permit issued by a sovereign country which allows a visitor from a foreign country to enter / visit that country. Visa regulations are formulated to regulate the entry of foreign nationals to that country, and it cannot be seen as a sort of control tool for monitoring its usage / compliance in another (foreighn) country, like we seem to be looking for here.
                 
                          If you want to know the details about visa regulations for Saudi Arabia or for that matter any other middle east country, you may better write to Consulate of that country. They will be too happy to apprise you about this. Un-authorised entry of foregners (that is without a proper visa) is a problem viewed seriously by all countries and  they all will be too keen and eagre to tell you the requirements about / for visa.   

                --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

                From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
                Subject: [rti_india] Thanks for reply, Does india have visa law ?
                To: rti_india <at> yahoogrou ps.com
                Date: Tuesday, 2 June, 2009, 6:49 PM

                Respected Sir,

                Thanks for reply, Does india have visa law for gulf ,if so how can i get information for that laws.
                 
                I want to study and stop the exploitation of poor people who are exploited by international travels agents.
                 
                 

                --- On Tue, 6/2/09, suresh nangia <sknangia2004 <at> yahoo.com> wrote:

                From: suresh nangia <sknangia2004 <at> yahoo.com>
                Subject: Re: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
                To: rti_india <at> yahoogrou ps.com
                Date: Tuesday, June 2, 2009, 7:30 AM

                       The Consulate of Saudi Arabia is the representative office of Saudi Arabia, a foreign country, and it is not a part of Indian Governance system. As such, they  do not fall  within the purview of RTI under (Indian) RTI Act. Laws enacted by the legislature of any sovereign country are not  applicanle to other countries and/or their representative offfice(s).  Accordingly, you cannot file an RTI Application with the Consulate for accessing information under the provisions of an Indian Law.
                 
                       You can, however, write a letter to them requesting them to share with you the information that you are loking for abour the Rules governing issuance of visa for a visit to their country. Most Consulates generally share such basic information( s) with the foreigners / tourists intending to visit theri country.
                 
                S K NANGIA 
                      

                --- On Tue, 2/6/09, Helpline Helpline <helplineaurangabad <at> yahoo.com> wrote:

                From: Helpline Helpline <helplineaurangabad <at> yahoo.com>
                Subject: [rti_india] Can RTI BE USED TO KNOW VISA RULES FROM SAUDIA ARABIA CONSULATE of mumbai /delhi ?
                To: rti_india <at> yahoogrou ps.com
                Date: Tuesday, 2 June, 2009, 10:40 AM

                Respected Sir,
                 
                Can RTI be used to know law related to visa from saudia arabia consulate in mumbai or delhi , plz let me know how to aquire details of visa rules in details related to saudia arabia because travels agents are doing lot of injustice on poor people , and doing forgery of documnts to send them and they are trap  in foreign country.
                 
                Thanks

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                  Venkatesh Nayak | 3 Jun 09:27 2009

                  Interpreting the scope of Section 7(3) of RTI Act- CIC's new full bench to rehear the matter on June 8th at 4.30pm at August Kranti Bhavan



                  Dear friends,
                  I am writing to once again alert you to an important development involving
                  interpretation of a crucial section of the RTI Act.

                  You may recollect that the Central Information Commission had issued a
                  public notice in November 2008 inviting submissions from people on the scope
                  and ambit of section 7(3) of the RTI Act. That notice may be accessed at:
                  <http://cic.gov.in/PublicNotices/NoticeForHearing-27102008-A.pdf>
                  http://cic.gov.in/PublicNotices/NoticeForHearing-27102008-A.pdf.

                  CHRI and a few other parties had submitted their views on how this important
                  section relating to additional fees must be interpreted. The matter related
                  to a second appeal pending before the CIC involving the Institute of Company
                  Secretaries (ICS). CHRI's submission is attached to this email. ICS argued
                  that 7(3) allows the PIO to charge wages of officers, search fees, collation
                  and compilation costs and other similar costs on the applicant. We have
                  strongly opposed this view. A full bench comprising the Chief Information
                  Commissioner Mr. Wajahat Habibullah, Information Commissioner, Prof. M A
                  Ansari and Information Commissioner Satyananda Mishra heard the case on 24th
                  February, 2009. Two civil society representatives - Shri Sarbajit Roy and
                  Shri Rakesh Gupta were present in addition to CHRI representatives. There
                  was nobody from any of the public authorities except ICS. CHRI and other
                  civil society representatives argued that there was no scope in 7(3) for
                  forcing the applicant to pay all kinds of fees conceivable under the sun. At
                  the end of the hearing the bench informed us that the decision in this case
                  has been reserved. We have been waiting for the CIC's decision since then.

                  3 weeks ago, I received by post a notice for another full bench hearing in
                  the same matter scheduled for 8th June 2009. The text of the notice sent to
                  19 public authorities is copied below. The list of people who have been
                  invited to make submissions and attend this hearing are all heads of
                  Ministries and PSUs such as Ministry of Personnel, Ministry of Law, Ministry
                  of Company Affairs, Ministry of Public Enterprises, Chairmen or CMD of the
                  following PSUs: BHEL, BPCL, BSNL, FCI, GAIL, General Insurance Corporation
                  Ltd., IOCL, MTNL, MMTC, National Insurance Corpn. Ltd., NTPC, ONGC, State
                  Trading Corpn. and SAIL. The notice has been copied to me and Shri Roy who
                  had made submissions earlier. We have not been asked to submit our views
                  again. From the cc. list it appears that Information Commissioner Shailesh
                  Gandhi has replaced Information Commissioner Satyananda Mishra on the bench.
                  A few days ago this notice has been uploaded on the CIC website at:
                  http://cic.gov.in/PublicNotices/NoticeForHearing-08062009.pdf Strangely my
                  name and Sarbajit Roy's name have been deleted from the cc list. The notice
                  does not invite suggestions from citizens other than the above officers.

                  The following questions are bothering me:

                  1) Why should a new bench be constituted to rehear the matter after the
                  decision has been reserved by a previous bench especially when all members
                  continue to serve on the CIC? It is understandable if the bench had been
                  reconstituted due to the retirement or resignation of a member. However that
                  is not the case here.

                  2) Why have only a handful of Ministries and PSUs been targeted with this
                  notice?

                  3) Why does this notice not say that members of the public can also make
                  submissions to the CIC in this matter?

                  I would urge all friends to circulate this email within their networks.
                  Please ensure that you and your friends send a large number of submissions
                  to the CIC. Please tell the CIC that the PIO cannot charge wages, search,
                  collation, compilation at one's whim and fancy under section 7(3). There is
                  no power for doing so under the RTI Act. You are welcome to use CHRI's
                  submission for formulating your own arguments. Our submission is copied
                  below. Please send your submissions to the CIC at the address given below.
                  If you will be in Delhi or can make a trip to Delhi on the date of the
                  hearing: 8th June 2009 at 4.30 pm at August Kranti Bhavan, please do attend
                  the hearing and oppose any move to empower the PIO to charge exorbitant fees
                  for giving information. If you cannot attend please send your submission to
                  the CIC. If you are too busy to attend the hearing in person please send the
                  response suggested below by email or post.

                  Thanks
                  Venkatesh Nayak
                  Programme Coordinator
                  Access to Information Programme
                  Commonwealth Human Rights Initiative



                  Suggested Response to be sent by Email/Post

                  To,
                  The Registrar,
                  Central Information Commission
                  2nd Floor, 'B' Wing
                  August Kranti Bhawan
                  New Delhi- 110 066
                  email: <mailto:pkp.shreyaskar <at> nic.in> pkp.shreyaskar <at> nic.in


                  Date:
                  Dear sir,
                  We have learnt from our network partners in Delhi that the Central
                  Information Commission is rehearing the matter regards the scope and ambit
                  of section 7(3) of the RTI Act. We believe that this section should not be
                  misused to collect wages, search and compilation or other similar kinds of
                  fees from RTI applicants. The PIO does not have the power to charge such
                  kinds of fees under the RTI Act. We have enclosed our detailed arguments
                  about the scope and ambit of section 7(3) of the RTI Act. We urge you and
                  other Information Commissioners on the bench to take these arguments into
                  consideration while deciding this matter. We urge you not to interpret
                  section 7(3) in a manner that is violative of the letter and spirit of the
                  RTI Act.
                  with best wishes,
                  sincerely,

                  Signature of the sender



                  Text of CHRI's submission to the CIC:
                  Ambit and Scope of Section 7(3)

                  of

                  The Right to Information Act, 2005

                  Relating to Further Fee

                  Introduction

                  The Central Information Commission (CIC) has issued a public notice on 27
                  October, 2008 seeking people’s views on a matter relating to the issue of
                  further fee payable under the Right to Information Act (RTI Act/principal
                  Act). The text of the public notice is reproduced below:

                  “WHEREAS, in the aforesaid appeal case [Shri K K Kishore v Institute of
                  Company Secretaries of India – (CIC/MA/A/2008/01085)], an important question
                  has arisen as regards the ambit and scope of Section 7(3) of the Right to
                  Information Act, 2005 which deals with charging of further fee to be
                  determined by the CPIO;

                  2. AND WHEREAS, it has been decided that a Full Bench of the Commission
                  shall hear the aforesaid case involving the above issue.

                  3. NOTICE is, therefore, given to the general public and to the interested
                  organizations that they may, if they so desire, file written submissions so
                  as to reach the Commission by 2nd December, 2008

                  4. The Commission is likely to hear the matter in the second week of
                  December, 2008.”

                  The absence of a uniform interpretation of this provision in the decisions
                  of the Central Information Commission has caused confusion in the minds of
                  information requestors about the kind of fees they are legitimately required
                  to pay while using the Act for accessing information. There is no uniformity
                  of interpretation in the decisions of State Information Commissions either.
                  CHRI congratulates the CIC for electing to consult people in order to
                  formulate a common position on such an important matter.

                  1. The Scheme of Section 7

                  1.1 Understanding the scheme of the arrangement of sub-sections and clauses
                  under section 7 is crucial to the interpretation of the provision relating
                  to further fee (also popularly known as additional fee in civil society
                  circles). The margin note to section 7 indicates that it contains provisions
                  for ‘disposal of the request’. The term ‘disposal’ in common parlance is
                  understood as a process of making a decision on a matter that is under
                  consideration. It is not merely a single act but a chain of several actions
                  constituting a process, at the end of which, a definite outcome is both
                  required and expected. The step by step procedure to be followed by the
                  public information officer (PIO) for making a decision on an information
                  request, received under the preceding section (6) of the Act, is described
                  in outline in the whole of section 7.

                  1.2 Sub-section (1) provides a summary recital of the action to be taken
                  for disposing a request and links it to a time limit. The exception to this
                  time limit is provided in the proviso.[1] The recital summarises the two
                  courses of action open to the PIO while making a decision on the information
                  request –

                  a) he/she may provide access to information on payment of such fee as
                  may be prescribed or

                  b) he/she may reject the request for any of the reasons specified in
                  sections 8 and 9.[2]

                  Both courses of action must be completed in thirty days unless the
                  circumstance envisaged under the proviso requires to be taken into account.
                  This provision is subject to two more conditions both of which have to do
                  with time limits namely, applications forwarded by the Assistant PIO under
                  section 5(2) or transferred by another public authority under section 6(3).1

                  1.3 Sub-section (2) continues on the topic of time limit and explains the
                  consequence of not adhering to the limit stipulated in sub-section (1).

                  1.4 Subsection (1) therefore may be said to contain a reference to the
                  parameters that must characterise the ‘disposal process’. Only the detailing
                  of the parameter of ‘time limit’ is provided in this sub-section and in
                  sub-section (2). The details of other parameters that characterise the
                  disposal procedure are dealt with in subsequent sub-sections. It is
                  important to take note of the fact that the parameter of ‘time limit’ – the
                  first to be mentioned in the recital contained in sub-section (1) – is also
                  the first to be dealt with while providing procedural details. Similarly,
                  the option of providing information on payment of fee precedes the option of
                  rejection in this summary recital. Indeed this is the scheme followed in the
                  subsequent provisions where procedural details are described for both
                  courses of action.

                  1.5 Sub-section (3) contains the details of procedure to be observed where a
                  decision has been taken to provide access to information on payment of
                  further fee.[3]

                  1.6 Sub-section (4) deals with the duty of the PIO to provide assistance to
                  requestors who may suffer from sensory disability to enable their access to
                  information. This is also in keeping with the scheme outlined in sub-section
                  (1) as it is a part and parcel of the process of providing access to the
                  requested information. If information cannot be read, seen, heard sensed or
                  understood by a person with disabilities mere handing over of the
                  information to the requestor does not amount to providing ‘access’ to
                  information or ensuring the enjoyment of the right to information as
                  required under section 3 of the Act.

                  1.6 Sub-section (5) indicates how access to printed or electronic
                  information may be provided. Fees are required to be prescribed for
                  providing access to such information. This sub-section contains a proviso
                  which marks the fee mentioned in the main clause, the application fee
                  [section 6(1)] and the fee mentioned in section 7(1), required to be
                  prescribed under the Act, with the characteristic of reasonableness.
                  Furthermore all such fees are required to be waived for people who are below
                  the poverty line. Additional facets of the second parameter are discussed in
                  this sub-section.

                  1.7 Sub-section (6) provides a remedy for a requestor who is not given
                  access to information within the stipulated time limit. The remedy is linked
                  to the second parameter namely, fees – the requestor has a right to obtain
                  the information free of cost if the PIO fails to meet the stipulated
                  deadline. There is no further reference to the second parameter in
                  subsequent sub-sections.

                  1.8 Sub-section (7) pegs a caveat in the disposal process where third party
                  interests may be involved. Again this is part of the first procedure, namely
                  providing access to the request. Section 11(1) clearly states that third
                  party procedure may be invoked only if two conditions are satisfied:

                  a) the PIO should be intending to disclose the information. In other words
                  none of the grounds for rejection of a request mentioned in sections 8 and 9
                  can be invoked and

                  b) the information should relate to or should have been supplied by a third
                  party and that third party should have treated such information as being
                  confidential.

                  1.9 Sub-section (8) describes the second course of action available to the
                  PIO. If the requested information attracts any of the exemptions mentioned
                  in section 8 or 9 the PIO may reject the request.[4]

                  1.10 Sub-section (9) relates to the first option, namely, providing access
                  to information. However it does not describe any procedure. It lays down an
                  important principle that is intended to guide the PIO. Ordinarily the
                  requestor has a right to receive information in the form in which he/she has
                  sought, namely, photocopies, CDs and floppies or inspection etc. However two
                  caveats are linked to this principle – i) the resources of the organisation
                  should not be disproportionately diverted or ii) no detriment should be
                  caused to the safety or preservation of the record.

                  This is the narrative scheme of section 7 as enacted by Parliament.

                  2. Understanding section 7(3)

                  2.1 The text of section 7(3) is reproduced in full below:

                  “(3) Where a decision is taken to provide the information on payment of any
                  further fee representing the cost of providing the information, the Central
                  Public Information Officer or State Public Information Officer, as the case
                  may be, shall send an intimation to the person making the request, giving—

                  (a) the details of further fees representing the cost of providing the
                  information as determined by him, together with the calculations made to
                  arrive at the amount in accordance with fee prescribed under sub-section
                  (1), requesting him to deposit that fees, and the period intervening between
                  the despatch of the said intimation and payment of fees shall be excluded
                  for the purpose of calculating the period of thirty days referred to in that
                  sub-section;

                  (b) information concerning his or her right with respect to review the
                  decision as to the amount of fees charged or the form of access provided,
                  including the particulars of the appellate authority, time limit, process
                  and any other forms. ”

                  2.2 Meaning of ‘further fee’: The PIO is required to send a written
                  intimation to the requestor if a decision is taken to provide the
                  information on payment of further fee. As the noun ‘fee’ is qualified by the
                  adjective ‘further’, a determination must be made as to what is this fee
                  further to. The obvious reference is to the fee that is required to be
                  collected prior to the initiation of this procedure. The only fee whose
                  procedural details are given in the Act prior to this reference is the
                  application fee. The fee mentioned in section 7(3) is ‘further’ to the
                  application fee mentioned in section 6(1). The phrase ‘payment of such fee
                  as may be prescribed’ found in section 7(1) cannot be construed as a
                  category of fee that has an existence independent of the ‘further fee’
                  mentioned in section 7(3). They are one and the same.

                  2.3 How should the ‘further fee’ be determined?: Section 7(3) lays down an
                  important principle for determining ‘further fee’. It should ‘represent the
                  cost of providing the information’. The Act does not provide any guidance as
                  to what elements should be included in this cost. This responsibility is
                  vested with the appropriate government; in the instant case – the Government
                  of India, in the context of rule-making powers under section 27 (2).

                  2.4 Clauses (a) and (b) of section 7(3) explain how information about
                  further fee shall be communicated to the requestor. The fee intimation must
                  contain four parts:

                  Ø details of further fees representing the cost of providing the
                  information as determined by him/her;

                  Ø calculations made to arrive at the amount in accordance with fee
                  prescribed under sub-section (1);

                  Ø request to deposit the fees and

                  Ø information concerning the right of the requestor to seek review of
                  the PIO’s decision regards the amount of fees charged or the form of access
                  provided, the contact details of the appellate authority before whom a
                  request for fee review may be submitted, the time limit, process and any
                  other forms.[5]

                  2.5 A cursory reading of the first two parts mentioned above may give the
                  impression that these elements represent two different kinds of fees that a
                  PIO may require the requestor to pay. Such a cursory reading may also give
                  the impression that the fees mentioned in the first part must be determined
                  by the PIO (using his/her discretion) while the amount mentioned in the
                  second part is to be calculated in accordance with the fee prescribed under
                  sub-section (1). This is an erroneous interpretation based on a cursory
                  reading of these provisions. An in-depth exploration of the phrasing is
                  necessary to show that this is an untenable position.

                  2.6 The term ‘fee‘ is mentioned in the singular in sub-section (1) and in
                  the opening portion of clause (a) of sub-section 3. In clause (a) the term
                  ‘fees’ is mentioned in the plural at three places and in the singular at one
                  place. The use of the singular occurs again with reference to sub-section
                  (1). The use of the plural occurs always in relation to the actions of the
                  PIO. The Act does not restrict itself to the possibility of a requestor
                  seeking from the PIO access to information in one form only. A requestor may
                  seek multiple forms of access such as inspection of some records,
                  photocopies or certified copies of others and certified samples of materials
                  used – all in relation to one subject matter. For example, a citizen may
                  make a request for inspection of all bills and vouchers submitted to a
                  public works department office in relation to the construction of a road,
                  seek a photocopy of the contract awarded to the private agency undertaking
                  the construction work, a certified copy of the work order and certified
                  samples of materials used in the course of the construction. The PIO is
                  required to determine how much fee is required to be paid by the requestor
                  further to the application fee. He is required to provide ‘details’ of the
                  fee chargeable for providing access in each form requested. Hence the use of
                  the plural for the term ‘fee’ in the case of the actions of the PIO.

                  2.7 The reference to ‘calculations’ in clause (a) is indicative of the
                  arithmetic that a PIO is required to work out for arriving at the details
                  of ‘further fee’ which the requestor will be informed to pay for obtaining
                  the information. The Act does not intend for this arithmetic to be worked
                  out on the basis of the whim and fancy of the PIO or any officer within the
                  public authority or any other authority under this Act. The arithmetic must
                  be based on the fee prescribed by the appropriate government – the
                  Government of India in the instant case. All that the PIO is required to do
                  is to make a determination of the total amount of fees payable based on the
                  rules and inform the requestor of its details and the calculations that form
                  the basis for arriving at such a determination.

                  2.8 The foregoing discussion clearly demonstrates that there is no
                  confusion in the Act in regards to fees intended to be charged for providing
                  access to information. The PIO does not have any discretion to make a
                  determination of fees outside the purview of the rules prescribed by the
                  appropriate government – the Government of India in the instant case.

                  3. Understanding the rule-making power in relation to fees payable under the
                  Act

                  3.1 Section 27 of the RTI Act empowers the appropriate government – the
                  Government of India in the instant case to notify rules for giving effect to
                  its provisions. Sub-section (1) provides for a general rule making power to
                  carry out any of the provisions of the Act. Sub-section (2) is more
                  specific. The text of the provision is reproduced below:

                  “(2) In particular, and without prejudice to the generality of the foregoing
                  power, such rules may provide for all or any of the following matters,
                  namely:—

                  (a) the cost of the medium or print cost price of the
                  materials to be disseminated under sub-section (4) of section 4;

                  (b) the fee payable under sub-section (1) of section 6;

                  (c) the fee payable under sub-sections (1) and (5) of section 7;

                  (d) the salaries and allowances payable to and the terms and conditions of
                  service of the officers and other employees under sub-section (6) of section
                  13 and sub-section (6) of section 16;

                  (e) the procedure to be adopted by the Central Information
                  Commission or State Information Commission, as the case may be, in deciding
                  the appeals under sub-section (10) of section 19; and

                  (f) any other matter which is required to be, or may be,
                  prescribed.”[6]

                  3.2 An in-depth reading of the foregoing provision makes it clear that only
                  three categories of fees are contemplated under the RTI Act. The first is
                  the application fee mentioned in section 27(2)(b) which is to read with
                  section 6(1) mentioned earlier in the Act. The second is the fee payable
                  under section 7(1) referred to as ‘further fee’ subsequently. The third
                  category relates to fees payable for obtaining information in printed and
                  electronic form mentioned in section 7(5). Section 27(2) does not recognise
                  any other fees under the RTI Act. This entire provision is in tune with the
                  scheme of section 7 explained above.

                  4. Whether wages of officers, search, compilation and other related costs
                  can be realised from the requestor?

                  4.1 The Right to Information (Regulation of Fee and Cost Rules), 2005
                  (RTI-RFCR) were notified by the Government of India on 16th September 2005.
                  According to information available in the public domain, only two amendments
                  were incorporated in the RTI-RFCR pertaining to inspection fees and the
                  inclusion of IPOs as a mode of fee payment. No further amendment appears to
                  have been made till date. The RTI-RFCR also does not contain any reference
                  to a separate category of fees payable under section 7(3) of the principal
                  Act. The fee and cost related provisions are reproduced below:

                  “4. For providing information under sub-section (1) of section , the fee
                  shall be charged by way of cash against proper receipt or by demand draft or
                  bankers cheque payable to the Accounts Officer of the public authority at
                  the following rates:-

                  (a) rupees two for each page (in A-4 or A-3 size paper) created or copied;

                  (b) actual charge or cost price of a copy in larger size paper;

                  (c) actual cost or price for samples or models; and

                  (d) for inspection of records, no fee for the first hour; and a fee of
                  rupees five for each fifteen minutes (or fraction thereof) thereafter.”[7]

                  4.2 When access to documents (other than of A-4/A-3 size) or materials is
                  sought, the only costs realisable from the requestor are costs of
                  reproduction of the information or cost of supply of samples of materials.
                  It is clear from the provisions of the RTI-RFCR that it does not contain any
                  empowering provision for the realisation of costs relating to the wages of
                  officers, search compilation and other related activities.

                  4.3 The contention: “the absence of a specific reference to section 7(3) in
                  the rule making provisions of the Act and consequently in the RTI-RFCR
                  implies that the PIO/public authority or any authority under this Act can
                  charge any cost on the requestor at will, provided calculations are
                  disclosed as justification” is a figment of imagination, having no basis in
                  law. To act on the basis of such a contention is tantamount to arrogating to
                  oneself powers that Parliament never intended to vest in any person or
                  authority in the first place. To impose such an interpretation on any
                  requestor is tantamount to showing utter disregard for his/her right to seek
                  and obtain information which has been given shape by Parliament, the
                  supreme-lawmaking body in India.

                  5. Whether Rules can be made for charging on the requestor, wages of
                  officers, search, compilation and other such costs related to providing
                  information?

                  5.1 There is no provision in section 27(2) of the principal Act for making
                  rules that will enable a PIO or any other authority to charge the requestor
                  for wages, search, compilation and other related costs. However it may be
                  contended that general powers exist under section 27(1) of the principal Act
                  for making such rules. This is also not a tenable position because the
                  rule-making power can be used only to ‘carry out’ the provisions of the Act,
                  not defeat or frustrate the intention behind its provisions. While making
                  rules, the appropriate government – the Government of India in the instant
                  case is required to pay attention to the caveat contained in section 7(5) of
                  the principal Act namely: ‘fee prescribed must be reasonable’.

                  5.2 India is a country in which more than 80% citizens survives on less than
                  US$ 2 per day. Charging a requestor for wages, search and compilation costs
                  will only act as a disincentive for people who would otherwise have used the
                  Act for accessing information. In effect this will also be used by PIOs and
                  other authorities under the Act to discourage people from seeking disclosure
                  of information relating to wrongdoing or instances of corruption. The
                  primary objectives behind the enactment of this law mentioned in its
                  preamble namely: creating an informed citizenry, containing corruption and
                  enabling people to hold government and its instrumentalities accountable for
                  their actions, would be defeated. Therefore the general rule-making power
                  cannot be used to impose unreasonable burden upon or create any
                  disincentives for requestors.

                  5.3 In the ultimate analysis it must be pointed out that the costs on
                  account of time spent by officers for searching and compiling information
                  are not borne by them from their pockets. The costs will have to be paid
                  from the taxes that citizens contribute to the public exchequer. Charging
                  such costs on the requestor would amount to doubly burdening the taxpayer
                  which is not what Parliament had intended while enacting this seminal
                  legislation.

                  6. What options are available to reduce the burden on the public authority
                  where excessive time and resources are required to be spent on providing
                  information to the requestor?

                  6.1 It is commonplace to quote from section 7(9) and section 7(3)(b) as
                  options available for ensuring that the resources of a public authority are
                  not excessively burdened while providing information in the form or to the
                  extent requested by the citizen. However a more practical solution exists in
                  section 4(1)(a) to tackle this problem.

                  6.2 Section 4(1)(a) requires every public authority to index, catalogue and
                  maintain its records in a form that makes them easily accessible.
                  Additionally this provision requires every public authority to computerise
                  all records within a reasonable time and connect them through a network all
                  over the country. If this provision were to be implemented in a time-bound
                  manner, access to the records and documents in every public authority would
                  be considerably easier. Time and resources spent by officers to deal with
                  information requests would also come down significantly. This provision has
                  not been taken seriously by many public authorities. This is a major reason
                  why providing access to information is perceived to be an expensive
                  exercise. If a public authority has not created such convenient systems
                  despite the Government’s conscious policy of evolving offices from
                  paper-heavy to less-paper or paper-less status it is only indicative of the
                  lack of foresight on the part of the highest decision-making officers within
                  that public authority.

                  6.3 Rather than look for ways of creating disincentives for citizens who
                  wish to access information, more attention needs to be paid to set the house
                  of public authorities in digital order. Information and communications
                  technology which India takes pride in developing must be harnessed to serve
                  people’s right to information. The sole purpose behind the existence of any
                  public authority in India is to serve the public interest, not undermine it.

                  **********

                  _____

                  [1] As the time limit is not a subject for this consultation, we will not go
                  into a detailed discussion on the issue in this submission.

                  [2] As the manner of making a decision of rejection of a request is not a
                  subject for this consultation we will not go into a detailed discussion on
                  this issue in this submission.

                  [3] This sub-section will be taken up for detailed comment after completing
                  the description of the scheme of section 7.

                  [4] As the procedure for ‘rejection of information requests’ is not a
                  subject for this consultation we will not go into a detailed discussion on
                  this issue in this submission.

                  [5] As the last two parts in this list are not the subject of this
                  consultation we will not go into a detailed discussion on this issue in this
                  submission.

                  [6] As provisions other than those relating to fees are not the subject of
                  this consultation we will not go into a detailed discussion on this issue in
                  this submission.

                  [7] The first amendment incorporated in the RTI-RFCR increased the time unit
                  chargeable from fifteen minutes to one hour.

                  [Non-text portions of this message have been removed]

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                    Vikram Simha | 3 Jun 14:13 2009
                    Picon

                    IAS officer 2 day bill is Rs 22985




                    IAS Officer runs 5 star bills on 2 day official visit to bhadravathi
                    Food & breakfast Rs12925 , lodging Rs2600 , Memento Rs5600 , Misc Rs1860 Total Rs 22985
                    SoMe questions
                    How did the University Spend so much on Food & breakfast
                    Please Read the article
                    N vikramsimha , KRIA Katte , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

                    --- On Wed, 3/6/09, ExpressBuzz <info <at> expressbuzz.com> wrote:

                    > From: ExpressBuzz <info <at> expressbuzz.com>
                    > Subject: Email To Friend
                    > To: vikramsimha54 <at> yahoo.co.in
                    > Date: Wednesday, 3 June, 2009, 5:38 PM
                    > Dear vikramsimhaThe Article Link
                    > Refered Fromhttp://www.expressbuzz.com/edition/story.aspx?Title=IAS+officer+runs+up+5-star+bills+on+2-day+official+visit&artid=zRfU|FS9Zcs=&SectionID=Qz/kHVp9tEs=&MainSectionID=wIcBMLGbUJI=&SectionName=UOaHCPTTmuP3XGzZRCAUTQ==&SEO=ByN
                    > Vikramsimha
                    >
                    >
                    >

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