Does the land acquisition department come under the RTI Act?

Answer at Quora by YB on 27th Jan 2019

Yes. Land related information can be sought under RTI from Revenue Dept which is a Govt Dept and a public authority. Land is a state subject, but acquisition and requisition of land property is under concurrent list.

Though ‘right to property' is a constitutional right, the doctrine of “Eminent Domain” empowers the Govt to take private property for public use as provided under LA Resettlement & Rehabilitation Act 2013 and other State laws upon fair compensation and in transparency after conducting social impact study on such acquisition.

Thus, land acquisition process falls under RTI.

Can any organisation (NGO or a company) file an RTI?

Answer at Quora by YB on 30th Jan 2019

Preamble to RTI act says that it is “An Act to provide for setting out the practical regime of right to information for Citizens to secure access to information under the control of public authorities”. Thus, the Act empowers only the citizen of India to obtain information from the public authorities. An organisation, though a corporate citizen, is not an individual and hence ineligible to seek information.

An advocate as a citizen can personally ask for information but not as an advocate on behalf of his client.

Similarly, correspondent or secretary of an NGO or a Company, as an individual can personally seek information but not by his designation.

Can a person having more than 2 children be an office bearer or committee member of R.W.A. or co-op housing society to be registered by registered co-op societies?

Answer at Quora by YB on 31st Jan 2019

Yes. No such bar on persons to contest or hold positions in RWAs and Coop Societies.

This 2-child norm is applicable to persons contesting panchayat and municipal elections or holding posts thereof in about one-third of Indian States. This restriction is intended to make those people as models for entire India by fastening the two-child norm on them.

How do I apply for RTI for illegal constructions in Malad?

Babji Yana's answer at Quora on 6th Feb 2019

There is no provision for redressal of grievances under RTI Act. It doesn't provide such mechanism. But it provides for a regime of seeking information from public authorities. Information seeking is the process or activity of attempting to obtain information in both human and technological contexts.

In case of illegal construction, the information about such illegal activity can be sought from the ULB or PRI concerned. Documents such as ownership, construction permissions, approvals, licences - details and copies of such documents can be asked under RTI.

Can an RWA formed by 20 flat owners without intimation & consent of the remaining flat owners in a project of 458 flats issue dictates for the collection of funds for jobs decided by themselves & have any administrative powers in the said project?

Babji Yana's answer at Quora on 21st Feb 2019

RWA is supposed to be a representative association of flat or apartment or plot owners in the given area. It shall be formed under intimation and consent of majority of the people that reside in that particular area. It shall start with an Ad-hoc body called Managing Committee having honorary Office Bearers like President, Secretary, Treasurer etc.

In case money is to be collected for common causes, RWA shall be registered either under Co-operative Societies Act, which should have a minimum of 15 members or under Apartment Owners Act or under Societies Registration Act, which needs a minimum of 10 members.

Once RWA is in place, it can, with all residents agreeing, decide on subscription charges, maintenance charges and upon other affairs. It is a legal body which can sue and be sued in a court.

RWA shall have bye-laws, shall conduct general body meetings, quarterly or monthly meetings, shall maintain accounts and get them audited and shall have periodical elections.

It is a body of individuals and shall function on democratic principles.

What are some ways you can develop your public relations skills?

Babji Yana's answer at Quora on 8th March 2019

Basic PR skills like maintaining meaningful relations with concerned publics and writing for media will never become obsolete. But, additional skills to become compatible with digital and social media are more important in today's massified media, duly adopting PESO model.

From basic courtesies to Board room decisions, PR has scope and role. It would be apt if PR Pros are jacks of all and masters of many.

Sieze every opportunity to Perform.

Recognition follows.

How can we file an RTI anonymously?

Babji Yana's answer at Quora on 9th March 2019

Four things are basic and important in filing RTI application - (1) Applicant shall be an Indian Citizen (2) Application shall seek specific information (3) Proof of payment/exemption of application fee and (4) Address of applicant for response.

Filing RTI application anonymously will not serve any purpose. In the absence of name and address information can't be sent.

Pseudonymously i.e. fictitious name with factual address may be alright because information delivered at the given address can be collected. Though not correct, some PIOs have requested the applicants to receive information in person.

Therefore, if the applicant is afraid of being targeted for filing an RTI application, local RTI Activists may be of some help. Also, there are certain online services like “RTI Anonymous” whose volunteers can fetch the needed information without revealing the identity of actual seeker.

What does your profession make you good at?

Babji Yana's answer at Quora on 10th March 2019

A qualified individual who constantly updates knowledge & skills becomes an authority in his own profession.

Credibility combines both expertise and trustworthiness.

How can we identify propaganda and publicity in Public relations?

Babji Yana's answer at Quora on 12th March 2019

Propaganda is something that is repeatedly propagated to modify the opinions of larger sections of people. It is a wilful action to influence people to think & behave in a manner desired by the source. Propaganda is generally associable with War (war propaganda), Religion (religious propaganda) and Politics (political propaganda) where there is less or no truth. Therefore, it is bad in PR, in Indian context.

Publicity, on the other, is to publicise or advertise through activities designed to rouse public interest. It is intended to promote - people, products, services - by way, generally, of campaigns.

One can easily mark out a propaganda if virtue or glittery, deification, testimonials, fear inducement, data distortion, misrepresentation of stats etc are used. Publicity can be seen in sectors like beauty & health products, corporate education, real estate, insurance and consumer goods etc

Not a PR practitioner, a commoner can tell what is Propaganda. The rest is Publicity.

I have done Diploma in journalism, and now I am working in PR filed as account manager. For my further education which course should I do? Can you suggest some post graduate courses and institutes in the field of Public relations?

Babji Yana's answer at Quora on 13th March 2019

Seriously, an MBA in Communication & Media Management would be appropriate.

Easy is to pursue MA in Advertising & Public Relations.

The least can be a PG Diploma in Public Relations.

Check internet for an array of courses and colleges.

Can PIOs reject your RTI application by citing small reasons like words corrected by using a correction pen or one or 2 spelling mistakes?

Babji Yana's answer at Quora on 29th April 2019

No. RTI application can't be rejected for the reasons of corrections and spelling mistakes.

PIO, in fact, should help illiterate applicants in reducing his/her request into writing, guide and help filing the RTI application.

Difference between public relations and lobbying

Babji Yana's answer at Quora on 29th April 2019

The doubt is natural because these two names got intertwined and the demarcating lines got blurred.

However, while the definition of PR is broad as it uses communication to pursue and achieve a variety of goals on behalf of an individual, organization or group, Lobbying is generally defined as seeking to influence political decisions, change in policies and even laws on behalf of an individual, organization, or group.

Lobbying is highly regulated and legal in US, UK, Canada etc while it is illegal & looked down upon in India as a duct of bribery, yet it operates under cover and with different names as mediating etc

In which ministry do cooperative societies fall?

Babji Yana's answer at Quora on 29th April 2019

At Central level -

Ministry of Agrl & Farmers Welfare; Department of Agrl Co operation & Farmers Welfare; Central Registrar of Coop Societies in New Delhi.

In each State -

Minister incharge of Cooperation portfolio; Commissioner for Cooperation cum Registrar of Cooperative Societies.

Who is afraid of RTI ?

Babji Yana's answer at Quora on 29th April 2019

Political Parties, Politicians, Certain Opaque Public Authorities that do not believe in Transparency and some Officials/Bankers who wants to escape with the shield of fiduciary responsibility.

If there is no address for the First Appellate Authority, what do you do?

Babji Yana's answer at Quora on 29th April 2019

Check the website of Organisation for the heirarchy of Information Officers under RTI . If no site or if no page is devoted for RTI, then the first appeal shall be addressed to the Head of the Department or Head of the Organisation because the First Appellate Authority is always an insider, within the Dept/Organ and the Second Appellate Authority would be CIC or SIC as the case may be.

What are some useful queries that one should raise under RTI as a responsible citizen of India?

Babji Yana's answer at Quora on 8th May 2019

Queries can not be posed. Information that is held by a public authority can be sought.

Under the provisions of the Act, only such information as is available and existing and held by the public authority or is under control of the public authority can be sought and provided.

The Public Information Officer is not supposed to create information that is not a part of the record. He is also not required to interpret information or furnish replies to hypothetical questions.

A responsible citizen may, after understanding the RTI regime, do some hand-holding service to illiterates in getting the information required by them.

How can I lodge a complaint against municipal corporation burning collected garbages in my locality which is not a dumping area?

Babji Yana's answer at Quora on 17th May 2019

Burning garbage at public places and landfill sites is illegal and banned by the National Green Tribunal. This aspect is covered under Environmental Protection Act 1986 and Municipal Solid Wastes Rules 2000. Legally, this can be dealt with invoking the provisions of IPC and CrPC.

In fact, there are instructions to municipal workers not to burn or incinerate any wastes. But, there is “communication deficiency”.

Municipality concerned can impose a fine upto ₹25,000 on public and its own workers for burning garbage, wood, municipal waste, plastics, leaves etc.

Capture the act of burning any waste by municipal workers and raise a complaint on the App or Website of the Municipality concerned. Also send a complaint online or offline to Pollution Control Board.

Pollution is going to affect the future and is becoming a major concern.

Why is it necessary that a court fee stamp be used while submitting an RTI application?

Babji Yana's answer at Quora on 16th May 2019

Non Judicial Stamp Paper and Court Fee Stamp are not the proper forms of payment of fee while submitting application seeking information under RTI-2005. Yet in some States of India court fee stamps are accepted.

Cash receipt, online payment, postal order, demand draft, banker's cheque are the proper forms of paying both “application fee” of ₹10/- (if not exempt) and “cost of information”.

Can I file a complaint through an RTI application?

Babji Yana's answer at Quora on 17th May 2019

RTI regime is neither a platform for making complaints against someone or something nor a grievance redressal mechanism.

RTI provides for seeking information from a public authority. The PIO designate is authorised to provide information held and available with that particular public authority. In case of delay or denial in parting with the information, there are two levels of appeal.

Seek, avail and use information.

Are all religious institutions under RTI?

Babji Yana's answer at Quora on 18th May 2019

Temples & Religious institutions are not private ventures. Every religious institution is a public property unless proved otherwise. Burden of proof lies on the person claiming it to be private. “They are public institutions. The Endowment Deputy Commissioner has the jurisdiction and power to decide whether a temple is public or private in nature”, said the Supreme Court in 2001.

Government can have control in their governance when once the Temples & Religious institutions collect, spend and handle public money. Thus, all temples & religious institutions fall under the purview of RTI 2005.

Can one ask for a statement of beneficiaries under government agricultural schemes, under Right to Information Act?

Babji Yana's answer at Quora on 18th May 2019

Yes. Data pertaining to the beneficiaries of various agricultural schemes can be had from the Department of Agriculture. Agriculture Dept in each State performs functions like Services that enable sustainable agricultural development, Capacity building of farmers, Agricultural extension re-engineering, Strengthening research - extension linkage etc.

Agriculture is a State subject. Hence information under RTI can be sought from the State Public Information Officer o/o the Commissioner/Director of Agriculture, Department of Agriculture of the State concerned or the Joint Director of Agriculture of the District concerned, as the case may be.

What is the difference between a co-op housing society and a co-op housing service provider society?

Babji Yana's answer at Quora on 19th May 2019

Housing Coop Society rhymes with Industrial Coop Society, Agrl Coop Society, Farmers Coop Society, Weavers Coop Society, Fishermen Coop Society, Producers Coop Society, Consumers Coop Society, Credit Coop Society, Marketing Coop Society and so on. The very purpose is indicated in the prefix to a Coop society that gets registered with the Registrar of Coop Societies. Objectives incorporated in the document will tell about its activities.

A Housing Cooperative Society (HCS) is no doubt registered under Coop Societies Act. There can be various types of Housing Coop Societies as per the activity/service intended to be provided/availed by its members, say - house building, tenant ownership, co-partnership, mutual housing, apartment owners etc.

A Coop Housing Service Provider Society could be a type of Housing Coop Society formed to create houses for providing housing to its members at affordable rates, low-interest loans, tax benefits and grants Or any other services that it intends to provide.

Can I send an RTI application by post with Ad card?

Babji Yana's answer at Quora on 10th June 2019

Yes. It is better to send RTI application by RPAD or SPAD and preserve receipt and acknowledgement as proof of sending/receipt of request by the PIO. In the event of filing first appeal for the reason of - no information given within specified time or not satisfied with the information provided - they can be attached in support.

This is needed because Public Authorities and the PIOs are yet to become empathetic.

Do government memos come under RTI?

Babji Yana's answer at Quora on 13th June 2019

Yes. Memos, Orders, Proceedings, Circulars, Letters of correspondence, Plans, Estimates, Notings etc.

The information to which an elected representative has access, shall be given to a common man.

Any information that can be given to a legislative assembly or parliament come under the purview of RTI.

The proviso to Section 8 of RTI Act reads that “the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.”

How do I file an RTI against a session judge? Is it possible?

Babji Yana's answer at Quora on 14th June 2019

RTI Law do not provide for complaining or petitioning or merely asking questions. This regime is for seeking information available with a public authority.

So, an application will have to be addressed to the PIO concerned of the Sessions Court seeking specific information (by paying fee/no fee, if exempted). If the information being sought relates to the personal information of the Sessions Judge, it will be denied quoting Section 8 (1)(j) of the Act “disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information”, unless larger public interest is involved.

If the information being sought do not fall under personal information, it will be parted with on payment of prescribed fee towards cost of information.

Beware of sub-judice rule i.e. the case at bar/present case.

Is it correct to collect welfare fund contribution by an apartment association, when somebody is selling a flat?

Babji Yana's answer at Quora on 14th June 2019

Some Associations collect welfare fund from the buyers at each and every transfer of plot or flat by sale deed. No complaint - No issue, but it is illegal to collect welfare fund per force. Such of the Associations that have not been registered and do not have elected managing committees have no right to collect any fund or subscriptions. They can be challenged.

RWAs (Residents Welfare Associations) and AOAs (Apartment Owners Associations) are bodies that represent interests of people living in a community or a society or an apartment. These associations are responsible for managing day-to-day problems of the residents, managing facilities in the colony / apartments and complexes, ensuring a safe and secure environment for the members and also safeguarding the rights of the unit holders.

These RWAs and AOAs are regulated by several Central and State Laws. These are legal entities, can sue and can be sued. They have to be registered with the authority concerned. They shall be convening Annual General Meetings regularly. They shall have elected Managing Committees to manage day to day affairs. They shall be filing annual returns to the authorities. They shall be maintaining proper accounts for all the amounts collected from the members.

Only then, such RWAs and AOAs can collect a one time welfare fund when such Associations are newly formed. This is towards a corpus fund to meet any unforeseen expenditure other than routine monthly maintenance of premises.

How can I file an RTI application to universities under the state government for seeking information?

Babji Yana's answer at Quora on 21st June 2019

Just as an application submitted to any other public authority.

Application seeking information shall be sent to the Public Information Officer of the State University concerned by RPAD/SPAD duly enclosing application fee of ₹10 in the manner prescribed Or proof of exemption from payment of fee.

Seeking information “as is available” with the University is different from posing questions to force the PIO to create answers. Of course, some of the questions, not being offensive, can be answered with “Yes” or “No”.

If the information sought is exempted from parting with, like 3rd party information etc., it will not be provided, but rejected unless it involves larger public interest.

Which is the oldest locality in Hyderabad?

Babji Yana's answer at Quora on 28th June 2019

Probably “Mankal”, the habitation inside fortified Golconda (Golla Konda, Shepherd Hill or Gol Konda, round shaped Hill) is the oldest locality in Hyderabad.

Several localities of present day Hyderabad were named after royal notables or buildings or people or purposes, but a few hundred years ago, all the localities that now fall under Hyderabad were villages and thandas with different names.

Today, the population of Hyderabad is approx 1.45 crores. The area of GHMC is about 650 sqkms while the HMDA covers a rough 7250 sqkms. Hyderabad includes Golconda walled City, Hyderabad Old City, Hyderabad New City, Secunderabad City, Cyberabad City, Cantonments, Colonies & Settlements towards northeast of Secunderabad and their peripheries both inside and outside Nehru Outer Ring Road.

According to history, Muhammad Quli Qutb Shah built a township 5 miles east of Golconda on the northern banks of River Musi starting with Charminar in 1591 because Golconda, the walled city was found congested.

Thus, the oldest locality of Hyderabad lies inside Golconda followed by the area around Charminar.

Which ministry is Press Information Bureau under? How is its role different from MIB?

Babji Yana's answer at Quora on 3rd July 2019

Press Information Bureau is one of the Govt of India media units under Ministry of Information and Broadcasting.

Functionally, the ministry can be understood in 3 categories namely Broadcast, Information & Films.

Prasara Bharathi and its two units - Doordarshan and Akasavani fall under the category of broadcast.

PIB, Registrar of Newspapers, Press Council of India, Indian Instt of MassCom, Publications Division, Photo Division, DAVP, DFP, Song & Drama Division etc fall under the category of Information.

FTII, CFSI, NFDC, Films Division, Directorate of Film Festivals, IFFI, CBFC etc come under Films category.

MIB is headed by a Cabinet Minister assisted by a Minister of State and Secretaries to Govt. The Ministry is charged with the responsibility of formulation and administration of rules, regulations and laws in the areas of information and broadcasting.

PIB will have a nominated Chairman assisted by Information Officers borne on the cadre of Indian Information Service. It acts as (1) an interface between the Govt and the Media, (2) a medium providing Govt information to Media and (3) a feedback mechanism to Govt as reflected in media.

Why was the Right to Information Bill passed ?

Babji Yana's Answer at Quora on 5th July 2019

It is one of the outcomes of Democracy and got evolved with the idea of transparency. Right to Information Act 2005 replaced Freedom of Information Act 2002 and trumped Official Secrets Act 1923. Before India could pass this bill, scores of Countries had RTI-like legislation, already.

RTI was enacted in keeping with the spirit of Universal Declaration of Human Rights in 1948 and in pursuance of Article 19 (1) (a) of Indian Constitution that guarantees to its citizens, the right to freedom of speech & expression, as one of the fundamental rights.

This Act provides for setting out the practical regime of right to information for citizens to secure access to information, in order to promote transparency and accountability in the working of every public authority, the basic object being empowering citizens, contain corruption and make democracy work for the people in real sense.