Thursday, March 31, 2011

Re: 07 - Re: [HumJanenge] DoPT concedes on RTI Rules

is this an April fools joke???? 


--- On Fri, 4/1/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: 07 - Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, April 1, 2011, 11:26 AM

Boxbe humjanenge@googlegroups.com is not on your Guest List | Approve sender | Approve domain

Re: [HumJanenge] DoPT concedes on RTI Rules

File No. 2/7/2006-IR
Summary of proceedings held with Civil Society Organisations on 31.03.2010 under Chairmanship Secy/CIC

".. It may be helpful to look into the possibility of penalising frivolous applicants at the level of the Information Commission .."


On Fri, Apr 1, 2011 at 11:14 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
Scanned copies of replies from DoPT may clear the confusion.


--- On Fri, 1/4/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>

Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 11:03 AM


Dear Umapathy

In reply to your observation that I have no credible source. Let me counter by saying that it is public knowledge on the most credible source (ie RTI section 4 disclosure of concerned public authority ) that Civil Society Organisations at the behest of CIC recently implored DoPT to consider imposing penalties on frivolous applicants by the CIC while hearing appeals. It is also public knowledge that these civil society organisations present included a) Ms. Aruna Roy b) Mr Shekar Singh c) Mr Nikhil Dey etc. and they did not raise even a whimper to oppose it,

Sarbajit

On Fri, Apr 1, 2011 at 10:50 AM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:
Dear Gupta Sir, I Feel what Mr. Roy is posting has no credible source.We are wasting our time and resource by replying to these messages. dont' forget, Mr. Roy is an "entertainer" as Mr. Wajhajat once rightly pointed out in our earlier postings.

Further,Mr. Roy is defending these changes ( whether real or imaginary) by stating that  "Govt has powers to set fees and recover costs for enabling RTI provisions". everyone knows  whether such charging of fees really enables or disables provision of RTI Act but Roy's View is quite opposite as usual.

regards.

umapathi.s





On Fri, Apr 1, 2011 at 9:41 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee?

There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized.

What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants.

After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision. 

Who will have the power to decide whether an application is vexatious?

When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted.

In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases.

--- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote:


From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 6:46 AM


> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj



Re: [HumJanenge] DoPT concedes on RTI Rules

Scanned copies of replies from DoPT may clear the confusion.

--- On Fri, 1/4/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 11:03 AM

Dear Umapathy

In reply to your observation that I have no credible source. Let me counter by saying that it is public knowledge on the most credible source (ie RTI section 4 disclosure of concerned public authority ) that Civil Society Organisations at the behest of CIC recently implored DoPT to consider imposing penalties on frivolous applicants by the CIC while hearing appeals. It is also public knowledge that these civil society organisations present included a) Ms. Aruna Roy b) Mr Shekar Singh c) Mr Nikhil Dey etc. and they did not raise even a whimper to oppose it,

Sarbajit

On Fri, Apr 1, 2011 at 10:50 AM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:
Dear Gupta Sir, I Feel what Mr. Roy is posting has no credible source.We are wasting our time and resource by replying to these messages. dont' forget, Mr. Roy is an "entertainer" as Mr. Wajhajat once rightly pointed out in our earlier postings.

Further,Mr. Roy is defending these changes ( whether real or imaginary) by stating that  "Govt has powers to set fees and recover costs for enabling RTI provisions". everyone knows  whether such charging of fees really enables or disables provision of RTI Act but Roy's View is quite opposite as usual.

regards.

umapathi.s





On Fri, Apr 1, 2011 at 9:41 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee?

There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized.

What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants.

After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision. 

Who will have the power to decide whether an application is vexatious?

When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted.

In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases.

--- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote:


From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 6:46 AM


> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj


Re: [HumJanenge] DoPT concedes on RTI Rules

Dear Umapathy

In reply to your observation that I have no credible source. Let me counter by saying that it is public knowledge on the most credible source (ie RTI section 4 disclosure of concerned public authority ) that Civil Society Organisations at the behest of CIC recently implored DoPT to consider imposing penalties on frivolous applicants by the CIC while hearing appeals. It is also public knowledge that these civil society organisations present included a) Ms. Aruna Roy b) Mr Shekar Singh c) Mr Nikhil Dey etc. and they did not raise even a whimper to oppose it,

Sarbajit

On Fri, Apr 1, 2011 at 10:50 AM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:
Dear Gupta Sir, I Feel what Mr. Roy is posting has no credible source.We are wasting our time and resource by replying to these messages. dont' forget, Mr. Roy is an "entertainer" as Mr. Wajhajat once rightly pointed out in our earlier postings.

Further,Mr. Roy is defending these changes ( whether real or imaginary) by stating that  "Govt has powers to set fees and recover costs for enabling RTI provisions". everyone knows  whether such charging of fees really enables or disables provision of RTI Act but Roy's View is quite opposite as usual.

regards.

umapathi.s





On Fri, Apr 1, 2011 at 9:41 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee?

There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized.

What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants.

After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision. 

Who will have the power to decide whether an application is vexatious?

When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted.

In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases.

--- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote:


From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 6:46 AM


> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj


Re: [HumJanenge] DoPT concedes on RTI Rules

It is better to discuss all such serious issues tomorrow on 2nd onwards.  If v discuss all this, all our energy may go in smoke if the apprehension of Mr. Jam is correct. 

--- On Fri, 1/4/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:

From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 10:35 AM

And tomorrow is 2nd April !!

No doubt the Govt has powers to set fees and recover costs for
enabling RTI provisions. Each of the fees and costs they have now
agreed to levy can be justified under RTI Act. As such we do not want
to appeal these.

The one we plan to file a 2nd appeal to CIC is to be informed on the
specific provisions of  RTI Act which enable a penalty to be levied on
frivolous / vexatious APPELLANTS. (please note this is not levied on
frivolous APPLICANTS) and the reasoning on how this forms part of
Appeal Procedure.

Sarbajit

On Fri, Apr 1, 2011 at 10:31 AM, C K Jam <rtiwanted@yahoo.com> wrote:
> Members, please remember that today is 1st April !
> ________________________________
> From: Sarbajit Roy <sroy.mb@gmail.com>
> To: humjanenge <humjanenge@googlegroups.com>
> Sent: Friday, April 1, 2011 12:05 AM
> Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
>
> Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
> after 1 decided first appeal.
>
> FEES:
> 1) No change in RTI Application fee. It stays at Rs.10
> 2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
> under Court Fee Act, whichever is higher.
> 3) Second Appeal fee to CIC fixed at Rs 250
> NB: Third parties have been exempted from paying appeal fees.
>
> COSTS:
> 1) Costs on hire of machinery, is prescribed for color photocopy
> (Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
> page)
> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.
>
> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000 on  /
> vexatious appellants as part of appeal procedure. It is not clear
> which provision / section of RTI Act the DoPT intends to use to
> justify this. We are planning to file 2nd appeal to CIC.
>
>
>
>

Re: [HumJanenge] DoPT concedes on RTI Rules

Dear Gupta Sir, I Feel what Mr. Roy is posting has no credible source.We are wasting our time and resource by replying to these messages. dont' forget, Mr. Roy is an "entertainer" as Mr. Wajhajat once rightly pointed out in our earlier postings.

Further,Mr. Roy is defending these changes ( whether real or imaginary) by stating that  "Govt has powers to set fees and recover costs for enabling RTI provisions". everyone knows  whether such charging of fees really enables or disables provision of RTI Act but Roy's View is quite opposite as usual.

regards.

umapathi.s




On Fri, Apr 1, 2011 at 9:41 AM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee?

There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized.

What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants.

After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision. 

Who will have the power to decide whether an application is vexatious?

When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted.

In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases.

--- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote:


From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 6:46 AM


> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj

Re: [HumJanenge] DoPT concedes on RTI Rules

And tomorrow is 2nd April !!

No doubt the Govt has powers to set fees and recover costs for
enabling RTI provisions. Each of the fees and costs they have now
agreed to levy can be justified under RTI Act. As such we do not want
to appeal these.

The one we plan to file a 2nd appeal to CIC is to be informed on the
specific provisions of RTI Act which enable a penalty to be levied on
frivolous / vexatious APPELLANTS. (please note this is not levied on
frivolous APPLICANTS) and the reasoning on how this forms part of
Appeal Procedure.

Sarbajit

On Fri, Apr 1, 2011 at 10:31 AM, C K Jam <rtiwanted@yahoo.com> wrote:
> Members, please remember that today is 1st April !
> ________________________________
> From: Sarbajit Roy <sroy.mb@gmail.com>
> To: humjanenge <humjanenge@googlegroups.com>
> Sent: Friday, April 1, 2011 12:05 AM
> Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
>
> Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
> after 1 decided first appeal.
>
> FEES:
> 1) No change in RTI Application fee. It stays at Rs.10
> 2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
> under Court Fee Act, whichever is higher.
> 3) Second Appeal fee to CIC fixed at Rs 250
> NB: Third parties have been exempted from paying appeal fees.
>
> COSTS:
> 1) Costs on hire of machinery, is prescribed for color photocopy
> (Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
> page)
> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.
>
> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000 on /
> vexatious appellants as part of appeal procedure. It is not clear
> which provision / section of RTI Act the DoPT intends to use to
> justify this. We are planning to file 2nd appeal to CIC.
>
>
>
>

Re: [HumJanenge] DoPT concedes on RTI Rules

Members, please remember that today is 1st April !


From: Sarbajit Roy <sroy.mb@gmail.com>
To: humjanenge <humjanenge@googlegroups.com>
Sent: Friday, April 1, 2011 12:05 AM
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules

Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
after 1 decided first appeal.

FEES:
1) No change in RTI Application fee. It stays at Rs.10
2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
under Court Fee Act, whichever is higher.
3) Second Appeal fee to CIC fixed at Rs 250
NB: Third parties have been exempted from paying appeal fees.

COSTS:
1) Costs on hire of machinery, is prescribed for color photocopy
(Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
page)
2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.

FINES:
The CIC is being given powers to levy fines upto Rs. 10,000 on  /
vexatious appellants as part of appeal procedure. It is not clear
which provision / section of RTI Act the DoPT intends to use to
justify this. We are planning to file 2nd appeal to CIC.



Re: [HumJanenge] DoPT concedes on RTI Rules

The RTI Act has been enacted after it was passed by the Parliament, consent given by the Hon'ble President and after that it was duly notified.  Some rules like forwarding cost under 6(3) will change the basic structure of the Act.   The provision has been given in view of the large population residing in remote or far flung areas to submit the application in the designated post offices which they forward the same u.s. 6(3) of the Act while working as APIO.  With the introduction of this provision, maintaining the RTI fee at Rs. 10/- is meaningless in such cases as the total cost will be Rs. 60, in place of 10/-.  Already, some states like Haryana are charging Rs. 50 as RTI fee. Will the DoPT prevail upon such states to reduce the fee?

There is no justification of Appeal fee, appeal is filed upon the act of omission of the PIO/ FAA and for their fault; applicant or complainant should not be penalized.

What is the justification for charging the fee for issuing the notice to the third party?  Govt. intends to recover the postage charges + some expenses / profit from the RTI applicants.

After the DoPT has reportedly dragged its feet on one subject, applications soliciting information on more than one subject may be termed as vexatious by misusing this provision. 

Who will have the power to decide whether an application is vexatious?

When the DoPT has given the information, on what ground the appellant is planning to knock the door of CIC.  I think that these rules can only be challenged in the High or Supreme Court, after they are enacted.

In fact, this is the back door route to get rid of RTI or at least blunt it.  Govt. is already in the dock over the scams surfacing frequently and is peeved over on the frequent adverse remarks from the resurgent active judiciary in 2G, Has an Ali and other cases.

--- On Fri, 1/4/11, Manoj Pai <manojpai@yahoo.com> wrote:


From: Manoj Pai <manojpai@yahoo.com>
Subject: Re: [HumJanenge] DoPT concedes on RTI Rules
To: humjanenge@googlegroups.com
Date: Friday, 1 April, 2011, 6:46 AM

> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj

Re: [HumJanenge] DoPT concedes on RTI Rules

> 2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
> 3) Cost of issuing Third Party notice u/s 11 is fixed at
> Rs. 50 per notice.

This would be a wonderful tool for CPIO to delay / deny every legitimate information. Every voucher, bill, claim or file noting would be treated as third party.

> FINES:
> The CIC is being given powers to levy fines upto Rs. 10,000
> on  /
> vexatious appellants as part of appeal procedure. It is not
> clear
> which provision / section of RTI Act the DoPT intends to
> use to
> justify this. We are planning to file 2nd appeal to CIC.
>

Before the year is out, these fines imposed on appellants, would outnumber the total penalties imposed on the CPIOs for last five years.

Mera Bharat Mahan

Manoj

[HumJanenge] A Must Read : Dr. Sadgopal's Article in Jansatta on One year of RTE




Dear Members,
 
Pl. find attached an Article in Page 4 of Jansatta by Dr. Anil Sadgopal on One year of implementation of RTE Act. (enlarge the size to 100% to make it easily readable.) The Article provides an insight into the attitude of the Govt and ruling elites towards"Free and Compulsory Education for all" and where it is expected to lead to in the field of Education in India. 

--
Dr.V.N.Sharma
Cell No.9431102680,
Convenor, Jharkhand Shanti evam Nyaya Yatra (JSNY): May 15-20,2011
Member, Secretariat, All India Forum for Right to Education (AIF-RTE) 
Working Committee Member, Jan Sansad 









[HumJanenge] Sordid tale of an institution of national importance

Dear Esteemed Members,

Here is a sordid tale of an institution of national importance being run by one of the most corrupt and dictator. His highhandedness takes life of one most promising graduate of this country please. Support the agitation going on here. Please forward the tale to PM, HRD minister and journalistic community. This mail comes from an alumnus of this institution, RTI activist and Senior Software Engg. in an MNC.

http://justiceforakshay.blogspot.com/2011/03/justice-for-innocent-dead-student.html

http://www.facebook.com/?ref=logo#!/event.php?eid=139681292767827

http://www.facebook.com/?ref=logo#!/notes/siddharth-munot/student-agitation-at-iiita/10150139913553192

Thanks,
Vinit

[HumJanenge] DoPT concedes on RTI Rules

Summary of latest status on DoPT's RTI Rules in reply to 3 RTIs and
after 1 decided first appeal.

FEES:
1) No change in RTI Application fee. It stays at Rs.10
2) First Appeal fees fixed at Rs 25 or Court Fee in concerned State
under Court Fee Act, whichever is higher.
3) Second Appeal fee to CIC fixed at Rs 250
NB: Third parties have been exempted from paying appeal fees.

COSTS:
1) Costs on hire of machinery, is prescribed for color photocopy
(Rs.20 per A3/A4 page) and scanning of documents (Rs. 5 per A3/A4
page)
2) Forwarding Cost u/s 6(3) is fixed at Rs.50 per transfer
3) Cost of issuing Third Party notice u/s 11 is fixed at Rs. 50 per notice.

FINES:
The CIC is being given powers to levy fines upto Rs. 10,000 on /
vexatious appellants as part of appeal procedure. It is not clear
which provision / section of RTI Act the DoPT intends to use to
justify this. We are planning to file 2nd appeal to CIC.

Re: [HumJanenge] Govt Spent Rs 3,554.78 Crore on Hajj Subsidy Last Decade

It is indeed an excellent judgment from the Supreme Court which
upholds the rights of poor people to be dispensed their destiny by
Bharata Bhagya Vidhaata.

To borrow a phrase from the Bible
"It is easier for a camel to pass through the eye of a needle than for
a rich man to enter the Kingdom of Heaven".

On Thu, Mar 31, 2011 at 7:12 PM, Awdhesh Kumar <jhajee9999@yahoo.co.in> wrote:
>
>
> Please read this supreme court judgment
>
> Prafull Goradia Vs. Union of India (UOI) - Jan 28 2011
> Issue
> Haj Committee Act, 1959; Haj Committee Act, 2002; Madras Hindu Religious and Charitable Endowments Act, 1951; Income Tax Act; Central Excise Act; Sales Tax Act; Central Provinces and Berar Act; Constitution of India - Articles 14, 15, 27 and 32
> Synopsis
> This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment application the Haj Committee Act of 2002 which replaced the 1959 Act, has been challenged. The ground for challenge was that the said Act is violative of Articles 14, 15, and 27 of the Constitution. The grievance of the Petitioner was that he is a Hindu but he has to pay direct and indirect taxes, part of whose proceeds go for the purpose of the Haj pilgrimage, which is only done by Muslims. This court relied upon Government of Andhra Pradesh v. P. Laxmi Devi AIR 2008 SC 1640 where the court held that Court should exercise great restraint when deciding the constitutionality of a statute, and every effort should be made to uphold its validity. Parliament has the legislative competence to enact the Haj Committee Act in view of entry 20 to List 1 of the Seventh Schedule to the Constitution which states: "Pilgrimages to places outside India". On this ground petition was dismissed.

[HumJanenge] Govt Spent Rs 3,554.78 Crore on Hajj Subsidy Last Decade



Please read this supreme court judgment 


Prafull Goradia Vs. Union of India (UOI) - Jan 28 2011
Issue
Haj Committee Act, 1959; Haj Committee Act, 2002; Madras Hindu Religious and Charitable Endowments Act, 1951; Income Tax Act; Central Excise Act; Sales Tax Act; Central Provinces and Berar Act; Constitution of India - Articles 14, 15, 27 and 32
Synopsis
This Writ Petition under Article 32 of the Constitution had been initially filed challenging the constitutional validity of the Haj Committee Act 1959, but thereafter by an amendment application the Haj Committee Act of 2002 which replaced the 1959 Act, has been challenged. The ground for challenge was that the said Act is violative of Articles 14, 15, and 27 of the Constitution. The grievance of the Petitioner was that he is a Hindu but he has to pay direct and indirect taxes, part of whose proceeds go for the purpose of the Haj pilgrimage, which is only done by Muslims. This court relied upon Government of Andhra Pradesh v. P. Laxmi Devi AIR 2008 SC 1640 where the court held that Court should exercise great restraint when deciding the constitutionality of a statute, and every effort should be made to uphold its validity. Parliament has the legislative competence to enact the Haj Committee Act in view of entry 20 to List 1 of the Seventh Schedule to the Constitution which states: "Pilgrimages to places outside India". On this ground petition was dismissed.
 


--- On Thu, 17/3/11, Govind... Hoping for better <hopegovind@gmail.com> wrote:

From: Govind... Hoping for better <hopegovind@gmail.com>
Subject: [rti4ngo] Re: [HumJanenge] Govt Spent Rs 3,554.78 Crore on Hajj Subsidy Last Decade
To: humjanenge@googlegroups.com
Cc: "afroz sahil" <afroz.alam.sahil@gmail.com>, nrindians@googlegroups.com, "National RTI Forum" <nationalrtiforum@gmail.com>, "rti amita" <isst_field_office@yahoo.co.in>, "irfan khan" <rtirti.khan@gmail.com>, "urvashi sharma" <rtimahilamanchup@yahoo.co.in>, rti-times@lists.riseup.net, rti.lucknow@rediffmail.com, rti4empowerment@yahoogroups.com, rti4ngo@yahoogroups.com, rti@ndtv.com, rti_india@yahoogroups.com, rtiap2005@gmail.com, rtimahilamanchup@yahoogroups.co.in, rtiwaari@gmail.com, "aruna roy" <arunaroy@gmail.com>, "Arundhati Roy" <perhaps@vsnl.net>, "navaid hamid" <navaidhamid@yahoo.co.in>, humanrightrevolution@yahoo.co.in, "Humanrightsactivist Yahoogroups" <humanrightsactivist@yahoogroups.com>, "hindi-hain-hum" <Hindi-hain-hum@googlegroups.com>, "HumJanenge" <HumJanenge@yahoogroups.co.in>, GRASSROOTS-in-action@googlegroups.com, indian-muslim-media@googlegroups.com, "groups" <goodnewsbihar@googlegroups.com>, goodasyoubngalore@yahoo.com, asiaexpressgrp@gmail.com
Date: Thursday, 17 March, 2011, 6:09 PM

 

The Supreme Court is now also puppet of Government

If subsidy is allowed for a specific community, then it should be for all

Same subsidy should be allowed to Hindus for Mansarovar, Buddhist for their pilgrimages.

This is simply votebank politics

As per constitution we are secular but where we are? State is not supposed to interfere in religious matter, should not support or promote a specific religious group but this is happening.

Even the Quran says, one should do Haj ny his/ her own earned money through right way. Removing Haj subsidy how can disrupt harmony of the nation? If it disrupts then refusal to say Vande Mataram, hosting Pakistani flags, supporting Pakistani cricketers during match don't do the same thing?

Govind



On 17 March 2011 16:11, afroz sahil <afroz.alam.sahil@gmail.com> wrote:
Link: http://beyondheadlines.in/2011/03/govt-spent-rs-3554-78-crore-on-hajj-subsidy-last-decade/

Govt Spent Rs 3,554.78 Crore on Hajj Subsidy Last Decade

Posted by admin Exclusive, India, Latest News, Lead, Society Thursday, March 17th, 2011

Afroz Alam Sahil and M. Reyaz, BeyondHeadlines

New Delhi: "The Muslim community has never asked for the subsidy that you give," Rajya Sabha (upper house) Deputy Chairman K. Rahman Khan, who is also Congress party MP in the house from Karnataka, made this statement while speaking on the 'working of the Ministry of Minority Affairs'. This was in connection with the subsidy given by the Ministry of External Affairs to the pilgrims who go to Saudi Arabia every year to perform hajj.

Pilgrims at Airport (Phot: Ratna Modak)

Haj subsidy is given primarily on "air fare." Bharatiya Janata Party (BJP) MP Mukhtar Abbas Naqvi called it "cross subsidisation to Air India."  Documents obtained by BeyondHeadlines (BH) through the Right to Information Act (RTI) reveal that a total of Rs 3,554.78 crores was spent on hajj subsidy in past 10 years.  During 2008 and 2009 alone, the government spent Rs 854.77 crores, highest in a single year so far, on the hajj subsidy. In 2009-2010, it was reduced to Rs 690 crores.

Year wise break up of money spend

on Hajj Subsidy (Rs in crores)

2009-10 690.00
2008-09 854.77
2005-06 290.00
2004-05 198.00
2003-0 160.70
2002-03 172.00
2001-02 173.63
2000-01 156.68

A part of this money is also spent on the Hajj Goodwill Delegation send every year.

Faiz Ahmed Faiz, national vice president of the minority wing of the Nationalist Congress Party, is suspicious of government's intention. "If the community and its leaders are themselves demanding that subsidy should be abolished, why is the government so hesitant," he asks. He further added that "public money should not be diverted to air lines."

Prafull Goradia , former Rajya Sabha member from the BJP, had filed a petition in the Supreme Court, challenging the validity of the Haj Committee Act, which provides for subsidy. However, a bench of Justice Markandey Katju and Justice Gyan Sudha Misra rejected the petition in January this year arguing "if we wish to keep our country united, we need to have tolerance and equal respect for all communities and sects."

The apex court has further observed this is "very small expenditure in proportion to the entire tax collected." It further pointed out that the respective state government incur expenditure to arrange for the Kumbh Mela (fair) or that the centre facilitates Indian citizens to go on pilgrimage to Mansarover.

However, documents available with BH reveal that the government "does not give any subsidy to pilgrims/yatris participating in the Kailash Manasarovar Yatra." It, however, pays Rs 3,250 per pilgrim to "Kumaon Mandal Vikas Nigam, an Uttarakhand Government authority, for making logistical arrangements for the pilgrims/Yatris while on the Indian side."

Year Haj Committee of India

(No. of pilgrims actually traveled)

Private tour Operators' Quota
2004 71,711 46,000
2005 80,786 46,000
2006-I 99,926 45,455
2006-II 108,373 46,930
2007 110,415 47,000
2008 121,787 44,780
2009 120,127 47,405
2010 125,850 (approx) 45,637*

(*excluding Fayz-e-Hussiani Trust, Mumbai)

Further, no such "goodwill delegation" is sent to Kailash Manasarover, although "a small official delegation (2-3 members) visits the Tibet Autonomous Region of China for inspecting the facilities available to the yatris going for Kailash Manasarovar once in 2-3 years."

Hajj is compulsory only for those Muslims who can afford it, at least once in lifetime. While about Rs 1.25 lakh people go to perform official hajj or sarkari hajj on the government quota, roughly 45,000 go on their own though private operators.

Maulana Mahmood Madani, Rajya Sabha MP and general secretary of Jamiat Ulama-i-Hind, recently said at the Jamiat headquarter that the government should "abolish" subsidy. He further suggested that the government should learn from the Malysian experience.  In 1963, Malyaisa had introduced Lembaga Tabung Haji or the Malaysian Pilgrims Management Fund, which acts as "non-banking Islamic savings institution" to help prosective hajis save money.

K. Rahman Khan too suggested creation of a statutory "logistic corporation."

edit@beyondheadlines.in



--
AFROZ ALAM 'SAHIL'
Mobile:-+91-9891322178
 

 

GreenKFUPM  Save a tree. Don't print this e-mail unless it's really necessary






--
______________________________
"The world suffers a lot. Not because of the violence of bad people,
But because of the silence of good people!"

--Napoleon


Govind- 9960704146
URL: http://www.wix.com/hopegovind/homepage
Blog: http://simplygovind.blogspot.com


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[rti_india] Ministry of Road Transport & Highways GOI - Toll Tax - Extraordinary Gazette Notification Part II - Section 3 - Sub-Section (I) dated 12th January 2011..

 
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[HumJanenge] Re: new member

Hi Rajiv
The fact that you can post messages to the group means that you are
already a member.
Sarbajit
Group Moderator

On Mar 24, 11:03 am, "jai hanuman" <rd89...@gmail.com> wrote:
> dear sir,
> I want to join this group . my name is rajiv d desai.

[HumJanenge] BBMP, Bangalore website lists PIOs info in the regional language.

Dear All,

Bruhat Bangalore Mahanagar Palike lists the information about Public Information officers on its website  http://www.bbmp.gov.in/ in Kanadda. Can someone help me to get the Name, address in English.me

I want the information on the payment of Property tax, Betterment charges by Alpine Housing Development Corporation Limited (www.alpinehousing.com) for various flats in the multistorey Apartment complex

called Alpine Eco in Dodenekkundi, Bangalore.
--
Thanks
Abhinav
 
PIO list attached.

"
Have a heart that never hardens, a temper that never tires, and a touch that never hurts...
"

Wednesday, March 30, 2011

Re: [HumJanenge] DoPT deny to disclose the names considered for Chief of CIC

Let us not prolong the discussion on this issue since I have already filed the second appeal.  In my RTI application. I asked "Names of the short-listed candidates considered for the post", and "whether the selection criteria would be made public by putting the same on the Deptt.'s Website or by any other means".

 

I think there is no tangible difference between selection and appointment as only the selected candidate is appointed.  This innovation of leading member on this blog may not be in the minds of the CPIO or the FAA of DoPT because they have not mentioned anything about this but know, after reading this, they may try to defend themselves before CIC on this count.  I remember that one group has come to the conclusion on the basis of a tainted poll by only 11 members that that Mr. Krishan Raj should die when he was on fast unto death for the fair selection of ICs. 

 

The govt. does not want transparent selections/ appointment to favour their confidantes and loyal irrespective of the fact that more deserving candidates are available even within the bureaucracy and outside bureaucracy.  Mr. P J Thamos' case is a glaring example of this. No word has come about the non consideration or rejection of candidature of Ms. Kiran Bedi, IPS or former Justice A P Shah of Delhi High Court and I do not hope that it will ever come.  Govt does not want independent and strong statutory bodies especially after the experience with Mr. T N Sheshan when he was Chief Election Commissioner.  Officers toying the govt lines are convenient for the govt. whether it is in the CIC, CBI, Election Commission, CVC, NHRC or in other bodies.

 

However, to rectify my so-called mistake, I am seeking file inspection by filing fresh application.  Will definitely share the information further with fellow members.

--- On Thu, 31/3/11, Sarbajit Roy <sroy.mb@gmail.com> wrote:


From: Sarbajit Roy <sroy.mb@gmail.com>
Subject: Re: [HumJanenge] DoPT deny to disclose the names considered for Chief of CIC
To: humjanenge@googlegroups.com
Date: Thursday, 31 March, 2011, 8:50 AM

Dear Umapathy

The Delhi High Court has already considered and disposed of your confusion. A single judge (it may have been appealed) held that the process is one of APPOINTMENT and not of SELECTION.

Sarbajit

On Wed, Mar 30, 2011 at 6:37 PM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:
Dear Roy sir, there is some confusion in your post. Even though the word "selection" is not found in the context, the very process of recommendation itself gives the meaning of selection. so, the  the proceedings of the recommendation committee itself connote the meaning of selection. Hence, there must be some records based on which the selection/appointment is made. Hence, the DOPT is ought to disclose the information to the applicant.

regards.


umapathi.s


 
On Wed, Mar 30, 2011 at 8:04 AM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
Dear Umapathi

It seems the prime reason MKG did not get information is because of the POOR drafting of his RTI application. For instance he used words like "selection"  (there is no selection,  a committee RECOMMENDS names to President for APPOINTMENT) and "considered" (does the RTI Act require consideration ?). In the circumstances how can you expect a PIO of DoPT to provide information on hypothetical queries ?? Sunil Ahya made the same kind of mistakes in his 29(1) request to DoPT

Is it too much to ask that OUR MEMBERS. at least show some RESPECT for this group's prestige and read the F***ing RTI Act before/while filings RTIs.

Sarbajit


On Tue, Mar 29, 2011 at 8:38 PM, umapathy subramanyam <umapathi.s.rti@gmail.com> wrote:
Dear Roy Sir, you view is unacceptable and without any logic .

If DOPT has disclosed information to other Members , why shouldn't it be disclosed to shri. M.K.Gupta now ? How  DOPT is right in this regard ?.

Regarding two, Wheter ANT was the only Candidate or not can only be known when DOPT disclose ALL  the information pertaining to his selection.What is meant by "no documents are available" . if that is so, how ANT was selected ?. Whatever may be the number of candidates, there must be some documents before making his appointment. His appointment from IC to Chief IC can't be automatic in terms section 12(3) of RTI Act-2005.

regards.

umapathi.s 

On Tue, Mar 29, 2011 at 8:11 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:
DOPT is absolutely right in denying you the information. I say this for following reasons.

1) DoPT has disclosed lots of information to other members on CIC / IC selection process.

2) In the case of ANT's selection as CIC - he was the ONLY candidate seriously considered.

Sarbajit


On Tue, Mar 29, 2011 at 8:02 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:

DoPT deny to disclose the names considered for Chief of CIC

 

M K Gupta

 

What if the Nodal Agency to promote transprancy is not transparent itself and that too, on the appointments of Chief of Transprancy Panel i.e. CIC?  The Deptt. of Personnel and Training (DoPT) has denied information about the names of the short listed candidates considered for the post of Chief and selection criteria in Sept. 2010 when Mr. A. N.Tiwari was selected.  The FAA, Smt. Anuradha S. Chagti has stated that no documents are available on these points. 

 

Interestingly, FAA has not given any reason about the non-existence of these documents i.e. are they missing or else and the reply is unconvincing.  To an RTI query by raised by M K Gupta, DoPT has also denied information about the shortlisting of other candidates too. 

 

These were the queries which were also raised by the Hon'ble Supreme Court from the Govt. (DoPT) in the case of selection of Mr. P J Thomas as Chief Vigilance Commissoner who was shown the door by the Court for pending chargesheet against him.

 

Now, he has filed the second appeal to the CIC for information on the aforesaid points as he feels that atleast information on the names considered for the post must be disclosed.

 

Views are solicited from the expert members on the issue whether DoPT is right in denying the information.







Re: [rti_india] DANDI MARCH 11 (LOK PAL BILL)

 

I fully support Anna Hazar's fast from Apr 5 and our movement against corruption which now seems to be gaining some strength. In order to ensure that most citizens support this movement, i Have three suggestions as follows:
1    We should introduce some badge (of the type introduced by India Against Corruption for use on internet profile pictures) that should be available freely (on payment) and worn by all to continuosly show support to this cause. This may also lead to he election symbol to be adopted by Swami Ramdev for the new Swabhiman Party.
2    We should organize daily prabhat pheris in every colony to support this cause. Standard banners may also be made available for display at all house nd important locations to show our solidarity o this cause.
3    A flag (which may ultimately become the flag of the Swbhiman Party proposed to be launched by Swami Ramdev on June 25) should be brought out at the earliest so that all citizens start mounting it on their houses to show their support to this important cause.
MK Singhal


From: Bhaskar Prabhu <mahitiadhikarmanch@gmail.com>
To: rti_india@yahoogroups.com
Sent: Wed, 30 March, 2011 7:37:11 PM
Subject: Re: [rti_india] DANDI MARCH 11 (LOK PAL BILL)

 

Dear friend,
Do participate in Delhi from 5th April 2011 where Shri Anna Hazare will sit on hunger strike to  bring about Jan Lok Pal Bill  at Janter Manter all are welcome.
Yours in service of RTi
Bhaskar Prabhu
Mahiti Adhikar Manch

On Wed, Mar 30, 2011 at 7:04 PM, M.K. Gupta <mkgupta100@yahoo.co.in> wrote:
 

THANKS LESLIE ALMEIDA.  THOUGH IT IS NOT POSSIBLE FOR ME TO TAKE PART IN THE MARCH AS I LIVE IN DELHI YET I SUPPORT THE CAUSE AND WITH YOU.
 
AN EFFECTIVE LOK PAL BILL IS THE NEED OF THE HOUR TO TAKE ON POLITICAL CORRUPTION EFFICIENTLY.  OBVIOUSLY, THE BILL PREPARED BY THE GOVT. FAILS ON THIS TEST.
 
WISH FOR THE SUCCESS OF THE EFFORTS.

--- On Wed, 30/3/11, LESLIE ALMEIDA <lesals2000@yahoo.com> wrote:

From: LESLIE ALMEIDA <lesals2000@yahoo.com>
Subject: [rti_india] DANDI MARCH 11 (LOK PAL BILL)
To: lesals@gmail.com
Date: Wednesday, 30 March, 2011, 9:58 AM


 

The Jail Bharo Andolan will begin on April 12 if the government does not pass the Jan Lokpal Bill, social activist Anna Hazare announced on Monday. The 73-year-old leader, who will begin a fast-unto-death at Jantar Mantar in New Delhi from April 5, told the media that if the Bill was not passed  the people would take to the streets across the country.

"We will fight till our demands are considered and some strong steps are taken," said Hazare.

The National Advisory Council (NAC), headed by Congress president Sonia Gandhi has agreed to consider the Jan Lokpal bill drafted by activists and experts like former top cop Kiran Bedi, advocate Prashant Bhushan, Arvind Kejriwal and others.

"The Right to Information Act has unearthed many scams, but we need a law that can initiate action against the culprits. As with present laws its difficult for  citizens to take  remedies to procecute  Govt servant/bureaucrats./politicians

Many individuals have already pledged their support. Sri Sri Ravishankar, Baba Ramdev and the Archbishop of Delhi are preaching their followers to fast for the Jan Lokpal Bill. Announcements are also being made in churches. Lots of citizens will be fasting on April 5,"

"When I took part in Dandi March in 1930, I never thought I might have to take apart in a similar event after 70 years," said freedom fighter H S Doreswamy who flagged off the march.
 
many of us were not born to participate in Dandhi march in 1930, but surely we can in DANDI MARCH 2011
The entire system is corrupt, bureaucrats and politicians are shielding each other. The bill is the need of the hour




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