Showing posts with label news paper in times of india. Show all posts
Showing posts with label news paper in times of india. Show all posts

Wednesday, November 23, 2011

Wrong info on income could land politicians in jail

Wrong info on income could land politicians in jail
Mahalingam Ponnusamy TNN, 23 nov 2011, chennai edition,page no.8

Chennai: More than 50 MLAs of the previous assembly who contested in the 2011 assembly elections have not given their total income in the affidavit filed before the election commission. And legal experts say that they can be prosecuted for giving a false statement in a sworn affidavit.
Chief electoral officer Praveen Kumar insists that the total gross income should be declared in the affidavit, whereas many candidates have chosen to declare only their taxable income. Some have not declared their agricultural income, which is non-taxable.
“Anyone can file a criminal case under the Representation of the People Act, 1951, against those who produce wrong information in their affidavit and if found guilty they can be put behind bars for a year,” said chief electoral officer Praveen Kumar.
But he added that the election commission does not have any role in checking the veracity of the information filed in the affidavits.
He said that a recent Supreme Court order allows the returning officer to accept the wealth details of the candidates without verification but other grounds like age and community must be verified.
Representation of the People Act, Chapter III (electoral offences), Section 125A speaks about the penalty for filing false affidavits. The section explains that a person who “…fails to furnish information relating to subsection (1) of section 33 A (asserts) or gives false information which he knows or has reason to believe to be false, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both,”
These offences are also punishable with a fine under Section 171 (G) of the Indian Penal Code that deals with elections.
D Nagasaila, an advocate with the People’s Union for Civil Liberties, said there is no mechanism to check and ensure that the data furnished by the candidates are genuine.
“Candidates feel encouraged to give wrong information since there is no follow up action on the affidavits,” Nagasaila told Times Of India.
LAWFUL ACTION

• Under the Representation of the People Act, 1951, anyone can file a criminal case against those who give wrong information in their sworn affidavit

• Section 125A of the act says if found guilty, defaulters can be put behind bars

• These offences are also punishable with a fine under Section 171 (G) of the Indian Penal Code that deals with elections

• However, the election commission does not have any role in checking the veracity of the information filed in the affidavits

• A recent SC order allows the returning officer to accept wealth details of candidates without verification but other grounds like age and community must be verified

tn, MLA income

TDS|Tax|Tamil Nadu assembly|tamil nadu|salary|RTI|MLA
In TN, MLAs’ incomes go under-reported

Mahalingam Ponnusamy, TNN |chennai edition,pageno.1 Nov 23, 2011, 01.52AM IST

CHENNAI: Income tax sleuths are known to keep a hawk eye on collecting taxes especially from businessmen and the middle class. But there is no mechanism in place to ensure that the people's representatives pay taxes on the salary they get from the government.

With tax not being deducted at source, more than half the MLAs in the last assembly who contested again this year have underreported their Rs 6 lakh-ayear salaries in the affidavits filed with the election commission. Some, however, reported receiving much more than their income from the government. Ask income tax officers about the oversight and they put the onus on the legislative assembly secretary.

In a response to an RTI query, tax officials said: "No TDS returns have been filed by the Tamil Nadu State Legislative Assembly after deduction of tax from their salary."

An MLA in the Tamil Nadu assembly typically received a gross monthly salary of nearly Rs 50,000 in 2009-2010. Some 100 MLAs contested again in the 2011 assembly elections and filed affidavits with the election commission. Of these, 53 did not mention the annual income received from the government in their affidavits and eight said they did not have a PAN (permanent account number).

Chief electoral officer Praveen Kumar told TOI that candidates should have declared their gross income in the space provided in the affidavit. Those without a PAN include transport minister V Senthil Balaji, T Velmurugan, an ex-MLA who was expelled from the PMK, and R Chinnaswamy, elected from Singanallur constituency.

Six MLAs, including PMK state president G K Mani, who had a PAN, have reported that they did not have any taxable income. But, according to the RTI response from tax officials, only around Rs 5,000 of the MLAs' income was non-taxable. When TOI contacted some of the MLAs, they said they were unaware of the tax limit and procedures.

"The government is paying salary only after deducting tax amount. There is no need to file taxes personally and I don't have any assets in my name," said T Velmurugan, whose affidavit says he neither has a PAN and nor any income. There are defaulters in all the major parties.

Fifteen DMK MLAs out of the 30 who contested in 2011, 19 from AIADMK and 13 from Congress showed their income to be less than Rs 6 lakh. Striking a different note, H Vasanthakumar and Peter Alphonse of the Congress, S R Raja and P Moorthy of the DMK, and K A Sengottaiyan of the AIADMK declared incomes of over Rs 6 lakh. Sengottaiyan has declared his family income, too, in the affidavit.

Wednesday, November 9, 2011

RTI rulings on I-T returns not uniform

RTI rulings on I-T returns not uniform

Test Of Public Interest Is Interpreted Differently By Income Tax Officials
10th nov 2011

Mahalingam Ponnusamy TNN

Chennai: Is it possible for a citizen to access details of income tax returns filed by individuals and organizations by invoking the Right To Information (RTI) Act
The answer is both yes and no.For,too much discretion vested with the income tax authorities as well as officials designated as public information officers (PIO) under the RTI Act has resulted in utter lack of uniformity on results.
For instance,information relating to a Chennai-based charitable trust Muthamizh Peravai was furnished to RTI activists,whereas the details of IT returns filed by another trust Manitha Neyam Charitable Trust were denied to activists.Incidentally,the first trust is run by former chief minister M Karunanidhis nephew P Amirtham,whereas the second trust belongs to AIADMK leader and the new mayor of Chennai Saidai Duraisamy.
Whenever applications are filed seeking details of I-T returns of individuals or organizations,officials turn to Section 8(j) of the RTI Act for guidance.The provision says the officer could part with the information if he is satisfied that the larger public interest justifies the disclosure of such information.It also adds that information which cannot be denied to the Parliament or a state legislature,shall not be denied to any person.The assessee,whose I-T returns are sought by the applicant,too is given an opportunity to object or permit furnishing of such information.Of course,even in case of objection,the public information officer has the authority to overrule objections and disclose information.
The I-T Act accepts that the department is dutybound to supply information sought by legislature.Then,why do they hesitate to furnish the information to public, asked V Gopalakrishnan,an activist who filed an RTI application with the I-T department seeking copies of I-T returns.Recently,the department refused to furnish a copy of the I-T returns of Manitha Neayam Charitable Trust,founded and run by Chennai mayor Saidai Duraisamy and his family members.The Manitha Neayam IAS,IPS free coaching centre was established under this trust in December 2006.
In a stark contrast to this refusal,the same I-T department parted with information relating to another highprofile trust recently.Though Muthamizh Peravai at Mylapore is managed by the Kalaignar TV director and former CM Karunanidhis nephew Amirtham,activists were able to get information about its I-T returns.The annual tax returns of bigger political establishments such as the Indian National Congress (INC) too had been obtained under the RTI Act,say activists,lamenting the whimsical refusal of the I-T department to disclose information relating to Manitha Neyam Charitable Trust.
There are no clear and uniform decisions on such applications.Some public information officers at I-T department furnish the return details,but most others refuse to furnish the documents, Gopalakrishnan said.
Goplakrishnan sought the I-T returns and balance sheet submitted by the Manitha Neayam Charitable Trust from 2000 to 2011.In a reply dated October 21,the chief public information officer in I-T department said: The information sought for is filed before me in a fiduciary relationship and nothing in the (RTI) petition indicates the involvement of any larger public interest.As such,the information sough for cannot be furnished.
As per Section 138(b) of the I-T Act an income tax authority may furnish information relating to I-T returns if he is satisfied that it is in the public interest to do so.

Saturday, August 27, 2011

Elderly don't get pension without paying bribes

Elderly don't get pension without paying bribes
Mahalingam PonnusamyMahalingam Ponnusamy | Aug 27, 2011, 02.58AM IST


CHENNAI: It's taken two years and 50 trips to government offices but 67-year-old G Namachivayam still hasn't got his old-age pension.

He says he is tired of visiting the Purasawalkam taluk office and the Collector's office on Rajaji Salai. "My application is being delayed because I refuse to pay the bribe of Rs 4,000," he said. "The officials have done their verification, but I was asked to pay a bribe through touts. I refused. So I have to keep making trips to meet officials," he said.

For people like Namachivayam, Anna Hazare is a hero. Hundreds of senior citizens have been waiting for years to get their pension from the Purasawalkam division. M Raniyammal, 65, said, "Officials visited my house a few months ago, but I still haven't got my pension. I see well-off people living in private apartments getting old-age pension."

Sources in the collector's office premises said about 50 touts operate on campus. "You can get anything from the office if you are ready to pay. Most officers do not accept applications directly from the elderly. They are in league with the touts," said V R A Viswanath, an RTI activist.

There are also complaints that pension does not reach on time. C Vasanthakumari, a beneficiary, said: "I have not got pension for the past eight months. I have gone to the taluk office several times and even paid a bribe." But she does not want to complain as she is afraid of losing the benefit permanently.

"We can't eradicate corruption from our system but we are strict with touts. We have ordered raids and their arrest," said district revenue officer K A Annamalai.

Another complaint is that postmen who deliver the pension demand Rs 20 to Rs 40. The CBI recently arrested 11 postmen. "Most postmen deduct Rs 20 to Rs 40 as commission before giving pension to the beneficiaries. In Chennai district, there are 2.36 lakh pensioners under the OAP scheme. The surprise check on Monday was confined to the disbursement of pension to 52,000 pensioners in three post offices," said V Gopalakrishnan of Fact India.

"We are introducing a system through which pension will be paid into a bank account rather than through the post offices," Annamalai said.

Govt alleges hsg scam by DMK regime

Govt alleges hsg scam by DMK regime
26 august 2011, toi, chennai edition, page no.6


Allocations Will Be Cancelled: Min


TIMES NEWS NETWORK



Chennai: The Tamil Nadu housing and urban development minister R Vaithilingam on Friday alleged that former DMK ministers, police officials and party functionaries had caused huge loss to the state ex-chequer while purchasing houses and land across the state under a government scheme.
He said a total of 300 houses of the Tamil Nadu Housing Board meant for government employees had been converted as housing projects under the public quota and allocated to family members of DMK chief M Karunanidhi and his loyalists. The minister assured the assembly that a probe would be conducted to identify these allocations. He said such allotments would be cancelled and houses will re-allotted to government employees.
Based on the housing board’s replies to RTI queries of an activist, the media published details of irregularities in the allocation of houses and plots under the Government Discretionary Quota (GDQ). Activists moved the high court against the alleged illegal allotments. In July, under the AIADMK government, the directorate of vigilance and anti-corruption registered a case against former state intelligence chief ADGP MS Jaffar Sait, his wife and daughter, and raided premises belonging to him and his associates, who included the son of governor SS Barnala and son of Karunanidhi’s former political secretary K Rajamanickam.
The minister said that DMK bigwigs, including former minister Arcot Veerasamy and K Ponmudi, illegally purchased TNHB land at low costs, violating the rules. The minister alleged that the DMK government had allotted four plots meant for low income group to Sait, who had constructed a building and sold it illegally.
A HIG plot at a Sholinganallur housing project was allocated to MK Alagiri’s son Durai Alagiri, who has been referred to as a social worker, the housing minister said.
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Friday, July 1, 2011

I-T dept relents, furnishes details of ex-MLA’s returns

Publication: The Times Of India Chennai; Date: Jun 6, 2011; Section: Times City; Page: 5



I-T dept relents, furnishes details of ex-MLA’s returns
Jeeva | TNN

Chennai: The income-tax department, which had been refusing to furnish details of I-T returns to right to information (RTI) applicants, has finally chosen to do so under the RTI Act.

The department has furnished the I-T returns of D Ravikumar of the Viduthalai Chiruthaigal Katchi (VCK), the former MLA of Kattumannarkoil in Cuddalore district, for the accounting years 2008-09, 2009-10, in response to an RTI application by V Gopalakrishnan, an activist in KK Nagar. Disclosure of details of Ravikumar’s I-T returns gains importance as the department has been rejecting the RTI applications seeking income-tax returns of public servants.

Last month, the department dismissed the RTI requests of Gopalakrishnan, when he sought the I-T returns of DMK president M Karunanidhi, Union home minister P Chidambaram, Union textiles minister Dayanidhi Maran, Rajya Sabha MP Kanimozhi and former telecom minister A Raja, as all of them had objected to the disclosure. And, in the case of an RTI query seeking the I-T returns of Union fertilizers minister MK Alagiri, the department rejected it without even calling for his objection.

The I-T returns of Ravikumar, furnished by the incometax office in Cuddalore, shows that he got Rs 5.75 lakh as salary and allowances as an MLA during 2009-10 and the value of his assets was about Rs 31 lakh as on March 31, 2010.

However, the income-tax department’s Chennai office has refused to furnish the I-T returns of Ravikumar’s party as the VCK objected. Strongly opposing the applicant’s request, the VCK said: “The information sought by the applicant is personal in nature and also consists of important and sensitive details of the party, along with information pertaining to persons and entities associated with the party.”

The department in its RTI reply said it had asked the party’s objections, if any, under Section 11 of the RTI Act. The provision says that a PIO, where he intends to disclose any information or record on a RTI request which relates to or has been supplied by a third party and has been treated as confidential by that third party, shall give a written notice to such third party. And the objection, if any, of the third party should be considered while taking a decision about disclosure of information.

Monday, April 25, 2011

Leaders refuse to reveal I-T details

Leaders refuse to reveal I-T details
Karuna, Maran & Chidambaram Seek To Protect Tax Info From RTI Applicant
Jeeva | TNN 26th april 2011 page no.4, chennai edition
Chennai: After former chief justice of India KG Balakrishnan objected to disclosure of his income tax returns under the Right To Information Act, Tamil Nadu chief minister M Karunanidhi, Union home minister P Chidambaram and Union textiles minister Dayanidhi Maran have now sought to protect their income details from being furnished to an RTI applicant.
The three made clear their objection after V Gopalakrishnan of KK Nagar filed an RTI application last month seeking copies of their I-T returns from 2006-07 to 2010-11.
In separate communications to the public information officer of the incometax office in Chennai, they said the details furnished in their I-T returns were “personal and confidential” and should not be disclosed to the applicant.
The information officer had earlier sought their objection, if any, on furnishing the I-T returns to the applicant as it was a ‘third party information’.
Karunanidhi’s authorised representative T Sivasubramanian, in a letter on April 12, objected to the proposed disclosure of information to the applicant. He said: “Under Section 8(1)(j) of the RTI Act, information which relates to personal information the disclosure of which has no relationship in any public activity or interest or which would cause unwarranted invasion of privacy of the individual is exempted from the disclosure.”
Chidambaram, in his communication to the I-T department on April 11, said: “There is no larger public interest that could warrant disclosure of information relating to my income-tax returns. The applicant’s request is in the nature of a fishing enquiry and the request is not intended to serve any public interest.”
Maran said, “Income-tax returns filed by me are highly confidential in nature and I consider the disclosure to be an unwarranted invasion of my privacy. The information being personal in nature, the disclosure thereof will cause serious prejudice to me and therefore I object the disclosure to any third parties. The disclosure may cause harm or injury to my interest.”
Accepting their objection, the department rejected the application last week, saying the “RTI query has no relationship with any public activity or interest and there is no larger public interest involved in disclosing the information.”
For Union fertilizer minister MK Alagiri, whose I-T returns were also sought by Gopalakrishnan, the income tax office in Madurai rejected the RTI application without even calling for Alagiri’s objection.
The information officer quoted five decisions of the Central Information Commission in support of his rejection of the application on April 20.
As the Central Information Commission itself had given orders for and against the disclosure of IT-returns in several cases, Gopalakrishnan said he was planning to challenge the rejection of his application.

Monday, January 17, 2011

After Housing Scam,DMK Govt Goes For Damage Control

TN scraps discretionary quota

After Housing Scam,DMK Govt Goes For Damage Control

8/1/2011

Jayaraj Sivan TNN

Chennai: In a damage-control move following reports of irregularities in the allocation of Tamil Nadu Housing Board plots,houses and apartments under the government discretionary quota (GDQ),the state government on Friday scrapped the system with immediate effect.Announcing this in the assembly during his address to the House,governor Surjit Singh Barnala said the GDQ system,which was in vogue for several years,is being put to an end from today.
A month ago,TOI had carried a series of reports on the state governments largesse to many judges,politicians,bureaucrats and police officials.They were brought to light by a Chennai-based RTI activist V Gopalakrishnan,who filed a series of applications with TNHB over the last two years seeking information on allocation under the GDQ.The replies revealed several people close to the corridors of power,though not eligible to receive such allotments,were rewarded with housing plots and flats by the government in prime locations like Thiruvanmiyur,Sholinganallur and Mogappair.
Many of them already owned properties in prime locations in various cities at the time of allocation and were thus ineligible to get such benefits from the housing board,whose charter is to provide affordable housing to the less privileged and the homeless.The allottees are required to give a declaration that they did not own any housing plot or apartment in urban centres.The allotments by the board helped many influential people to get properties at rates far cheaper (in most cases 40% to 60% lower) than the market price.

Wednesday, July 28, 2010

RTI activists in TN face threats from sand mafia, contractors Jeeva, TNN, Jul 22, 2010, 05.05am IST

RTI activists in TN face threats from sand mafia, contractors

CHENNAI: The Right To Information (RTI) Act may have come as a weapon in the hands of the common man seeking transperancy in governance, but those using the enactment are also increasingly becoming vulnerable as demonstrated by the killing of an RTI activist in Gujarat on Tuesday.

In Tamil Nadu, activists who focus on environmental degradation due to sand mining and the nexus between corrupt government staff, contractors of civil work and local politicians routinely face intimidation. They are often targeted after officials learn about the RTI applications filed seeking details of expenditure on various schemes.

P Balasubramanian, a retired village administrative officer and a social worker in Cuddalore, recently received threats from a builder after he filed an application under the RTI Act a couple of months ago pertaining to certain unauthorised constructions in the district.

"I lodged a police complaint as I was threatened, but the police chose to close the case. But I am not going to leave it that. Now I am going to file an RTI application with the police department to furnish me the copy of the inquiry report,'' Balasubramanian said.

In a similar case in Tiruvannamalai district, R Balakrishnan, a 63-year old retired school headmaster, recently lodged a police complaint against a local politician who along his supporters tresspassed on his (Balakrishnan's) property and threatened him of dire consequences if he continued to file RTI applications.

Acting on his complaint, the police summoned and warned the political functionary and also obtained a written undertaking that he would not commit the offence again. Balakrishnan had filed RTI applications with the civic bodies and government agencies in connection with irregularities in laying of roads and water pipelines and planting of saplings.

"We want to use the RTI Act to eliminate corrupt practices in the government and it obviously puts obstacles in the path of those who indulge in corruption. But I am not scared,'' said the retired headmaster.

M Thuyamurthy, an anti-corruption campaigner at Tondiarpet in Chennai, was similarly threatened by a gang that barged into a fisheries office when he was inspecting the records of the fisheries cooperative societies under the RTI Act pertaining to certain irregularities.

The State Information Commission recently ordered inquiry into the complaint made by V Gopalakrishnan, an RTI activist in KK Nagar in Chennai, against two unidentified persons who wanted him to withdraw an application he had filed seeking to know details of assets of a tahsildar in the revenue department.

"It is the need of the hour that the government ensure the safety of RTI activists. There must be a separate department to deal with RTI issues and inquiries on complaints made by applicants should be conducted by an independent body and not by the department to which the RTI application is filed,'' Gopalakrishnan said.

jeeva.pugazvendan@timesgroup.com

Delayed info under RTI irks activists Jeeva, TNN, Apr 16, 2010, 04.03am IST

Delayed info under RTI irks activists



CHENNAI: For over a year, V Gopalakrishnan, a right to information (RTI) activist in KK Nagar, has been waiting for the office of the Director-General of Police to reply to his application seeking details of city police officials who bought immovable properties during 2006-07 and 2007-08.

Even the September 2009 State Information Commission (SIC) directive to the DGP's office to furnish the information hasn't helped.

The RTI Act says the SIC shall impose a penalty on the public information officer (PIO) concerned when the information is not furnished to an RTI applicant within 30 days of the date of receipt of the application but activists say this rule is not strictly followed.

Under Section 20 of the Act, the PIO concerned shall be fined Rs 250 for each day of delay, subject to a maximum of Rs 25,000.

"I made the RTI application in January 2009. This week, the DGP's office informed the commission that it has forwarded my application to the home department. I do not know when I will get the information,'' says Gopalakrishnan.

In a case where the Chennai Corporation failed to reply for eight months to an RTI application seeking property tax payment details pertaining to the residences of some ministers, the commission did not fine the PIO concerned.

As the commission only directed the civic body to provide the information and gave 30 days more time, the applicant, V Madhav of Porur, said the commission should say why it was not imposing the fine.

V Santhanam, an activist in Chromepet, filed an application last year with the commission seeking details of how many PIOs it had penalised so far. He hasn't got a reply.

"In many cases, the SIC is not strict in imposing a penalty when a PIO unreasonably delays providing information even after the commission's orders. The commission's lenience emboldens public authorities not to adhere to the Act,'' said M Thuyamurthy, an RTI activist of Tondiarpet.

While many government departments cite shortage of manpower and other constraints for not replying, sources in the information commission denied that it was lenient in imposing fines.

"The commission issues show-cause notice to PIOs who fail to provide information within the stipulated time. Fine is being imposed when the PIOs' reply is not satisfactory. But most such PIOs have now obtained stay orders from the court,'' the sources said.

jeeva.pugazvendan@timesgroup.com

Thursday, June 24, 2010

State stonewalls RTI query

State stonewalls RTI query on encroachment

Says Disclosure Of Details Against ‘Dignity Of The Assembly’

Jeeva | TNN


Chennai: The Right To Information (RTI) Act stipulates that information about corruption and irregularities must not be concealed so as to ensure transparency in governance. But the revenue department of the Tamil Nadu government seems to think otherwise.
On April 22, revenue minister I Periyasamy announced in the assembly that private educational institutions had encroached upon 4,000 acres of ‘poromboke’ land (unused government land) across the state. But, in reply to a query under the RTI Act, his department has refused to furnish the details of the encroachment and names of those responsible. In its reply, dated June 16, 2010, to an application filed by TOI on May 8, the revenue department said disclosure of the details would go against the “tradition and dignity of the assembly”.
The RTI application had sought details of the places where land had been illegally occupied by educational bodies, and wanted the public information officer (PIO) to disclose institution-wise details. But in his response, the PIO chose to only mention the circumstances that led the minister to make the statement.
“The minister’s statement was his reply to a question raised by an MLA on the debate for grants to his department. His statement was taken note of in the asse
mbly records, printed and made available in the secretariat library.
Disclosure of his statement made during the assembly proceedings to ‘outsiders’ will go against the tradition and dignity of the House,” the PIO said. The official did not even mention under what section of the RTI Act he had refused to furnish the information.
RTI activists said the department had no authority to withhold details of corrupt practices that were punishable under the IPC. “Truth about corruption and irregularities cannot be hidden under the pretext of dignity of the House. It is a clear case of escapism and violation of the RTI Act,” said K Murugan, RTI activist and advocate.

Missing Land, Secret Documents
Revenue minister I Periyasamy had announced in the assembly that private educational institutions had encroached upon 4,000 acres of ‘poromboke’ land
An RTI application by TOI sought details of the places where land had been illegally occupied by the educational bodies
In the response, the public information officer chose to mention only the circumstances that led the minister to make the statement in the assembly
The revenue department said that disclosure of the details would go against the “tradition and dignity of the assembly”
We will not show any favour, says revenue min
Chennai: The Right To Information (RTI) Act stipulates that information about corruption and irregularities must not be concealed.
The revenue minister, I Periyasamy, announced in the assembly that private educational institutions had encroached upon 4,000 acres of ‘poromboke’ land.
But the revenue department has not replied to a RTI application seeking details about the guideline and market values of the 4,000 acres, how long they had been encroached upon, what action had been taken to recover the lands, reasons for not taking action and the inquiry ordered against the officials.
Periyasamy said, “We will not show any favour to anyone. Even if it is a small piece of land, it should be in the possession of the government... The government will not allow private parties to take over the land.”

Tuesday, June 15, 2010

Delayed info under RTI irks activists Jeeva, TNN, Apr 16, 2010, 04.03am IST

CHENNAI: For over a year, V Gopalakrishnan, a right to information (RTI) activist in KK Nagar, has been waiting for the office of the Director-General of Police to reply to his application seeking details of city police officials who bought immovable properties during 2006-07 and 2007-08.

Even the September 2009 State Information Commission (SIC) directive to the DGP's office to furnish the information hasn't helped.

The RTI Act says the SIC shall impose a penalty on the public information officer (PIO) concerned when the information is not furnished to an RTI applicant within 30 days of the date of receipt of the application but activists say this rule is not strictly followed.

Under Section 20 of the Act, the PIO concerned shall be fined Rs 250 for each day of delay, subject to a maximum of Rs 25,000.

"I made the RTI application in January 2009. This week, the DGP's office informed the commission that it has forwarded my application to the home department. I do not know when I will get the information,'' says Gopalakrishnan.

In a case where the Chennai Corporation failed to reply for eight months to an RTI application seeking property tax payment details pertaining to the residences of some ministers, the commission did not fine the PIO concerned.

As the commission only directed the civic body to provide the information and gave 30 days more time, the applicant, V Madhav of Porur, said the commission should say why it was not imposing the fine.

V Santhanam, an activist in Chromepet, filed an application last year with the commission seeking details of how many PIOs it had penalised so far. He hasn't got a reply.

"In many cases, the SIC is not strict in imposing a penalty when a PIO unreasonably delays providing information even after the commission's orders. The commission's lenience emboldens public authorities not to adhere to the Act,'' said M Thuyamurthy, an RTI activist of Tondiarpet.

While many government departments cite shortage of manpower and other constraints for not replying, sources in the information commission denied that it was lenient in imposing fines.

"The commission issues show-cause notice to PIOs who fail to provide information within the stipulated time. Fine is being imposed when the PIOs' reply is not satisfactory. But most such PIOs have now obtained stay orders from the court,'' the sources said.

jeeva.pugazvendan@timesgroup.com

Rs 102cr road works this week: Mayor Arterial As Well As Interior Rds In All 10 Corporation Zones Will Be Relaid

Rs 102cr road works this week: Mayor

Arterial As Well As Interior Rds In All 10 Corporation Zones Will Be Relaid

Julie Mariappan | TNN , toi 15/06/2010, page no.3, chennai


Chennai: Acknowledging the hardships that motorists and pedestrians are put through in the city, the Chennai Corporation has decided to spend Rs 102 crore on relaying roads — arterial as well as interior — in all its 10 zones.
“The work will start this week. Tenders have already been floated for some of the major roads,” mayor M Subramanian told TOI on Monday.
Many of the roads in the city are in a mess today, thanks to frequent digging by telecom majors and government agencies like Tamil Nadu Electricity Board and Chennai Metropolitan Water Supply and Sewerage Board to lay cables and pipelines. The motorists have meagre space available near medians. All is not well on the interior roads too.
Work orders have been given to contractors to take up works on Luz Church Road, P S Kumarasamy Salai, Venkatakrishna Road, R K Mutt Road, N S K Salai (Arcot Road), Ramapuram Main Road, Kamarajar Salai, Esplanade Road, S N Chetty Street, Rajamuthiah
Salai and Central Avenue in MKB Nagar. Zonal officials and the bus route department are now finalising tenders for other roads.
“The recent rains triggered by Cyclone Laila left
many of the roads completely battered. Anna Main Road in Ashok Nagar is a telling example of the official apathy,” said V Gopalakrishnan, a civic activist. The road was dug up for laying TNEB cables, subsequently followed by CMWSSB’s pipeline-laying work six months ago. But their staff never turned up to restore the road, despite several complaints, he said.
Devanathan Street in Mylapore, R K Mutt Road in Mandaveli, P T Rajan Salai in K K Nagar, St Mary’s Road in Alwarpet repeatedly bear the brunt of frequent digging by various agencies. While corporation offices are flooded with dozens of applications from these agencies seeking permission to dig the roads, the completion certificates are always delayed.
“It takes them a couple of months to satisfy themselves that the work they have done is complete, so the completion certificate is always delayed. Without the certificate, we cannot relay the roads,” a source in the corporation said. It is common for departments to cut the roads during mid-year as the corporation does not permit them to do so after September, when the monsoon is about to set in.

LEFT IN THE LURCH: Firms that dig up roads delay giving completion certificates to the corporation without which the local body can’t begin relaying of roads

Monday, May 10, 2010

UNUSUAL PRACTICE depts forcing RTI applicants to show up

UNUSUAL PRACTICE
Depts forcing RTI applicants to show up
Jeeva TNN Chennai: V Gopalakrishnan, a right to information (RTI) activist in KK Nagar, was shocked when the directorate of income-tax (investigation) in Nungambakkam sent a communication asking him to appear “without fail” for a hearing on April 26, 2009. For a moment, he could not make out why he was being summoned as if he has committed some offence. Only after reading the communication fully, Gopalakrishnan realised that he was asked to appear for a hearing on his RTI appeal. Gopalakrishnan had sought for the procedure to complain about tax evasion. While the state and the central information commissions alone have the powers under the RTI Act to summon the applicants and public authorities, call for records and impose fines, he wondered how the appellate authority in the incometax department act like an information commission. Gopalakrishnan had to avail of a day’s leave from work to appear before the official concerned. “I have filed a lot of RTI applications and appeals with a number of state and the central governments departments in the last four years, but none of them had summoned me for hearing. This sort of unauthorised practice to formally summon the applicants would only discourage people from utilising the RTI Act,’’ Gopalakrishnan said. M Thooyamurthy, another activist in Tondiarpet, was called for ‘direct inquiry’ twice by the fisheries department in connection with two different RTI appeals last year. He had asked for details of the amount allotted towards the education of children in two fishing villages in Tiruvallur district. “The fisheries department could have either given me information or rejected my request. But it summoned me for the inquiry and went to the extent of asking me to bring adequate evidence,’’ Thooyamurthy said. Tamil Nadu State Information Commission’s chief commissioner S Ramakrishnan told The Times of India that government departments had no power under the RTI Act to summon applicants and conduct inquiries on their appeals. “They cannot act like courts and compel applicants to appear before them pertaining to RTI queries. If they do so, the applicants can very well refuse to appear before the public authority. However, there is nothing wrong for a government department to informally request an applicant to visit the office for clarifications,’’ the chief information commissioner added.

Friday, April 16, 2010

RTI activists irked over delayed info

RTI activists irked over delayed info
Say State Commission Lax In Imposing Fines On Erring Govt Officials
Jeeva TNN Chennai: For over a year, V Gopalakrishnan, a right-to-information (RTI) activist in KK Nagar, has been waiting for the office of the Director-General of Police to reply to his application seeking details of city police officials who bought immovable properties during 2006-07 and 2007-08. Even the September 2009 State Information Commission (SIC) directive to the DGP’s office to furnish the information hasn’t helped. The RTI Act says the SIC shall impose a penalty on the public information officer (PIO) when the information is not furnished to an RTI applicant within 30 days of the date of receipt of the application, but activists say this rule is not strictly followed. Under Section 20 of the Act, the PIO shall be fined Rs 250 for each day of delay, subject to a maximum of Rs 25,000. “I submitted the RTI application in January 2009. This week, the DGP’s office informed the commission that it has forwarded my application to the home department. I do not know when I will get the information,’’ says Gopalakrishnan. In a case where the Chennai Corporation failed to reply for eight months to an RTI application seeking property tax payment details pertaining to the residences of some ministers, the commission did not fine the PIO concerned. As the commission only directed the civic body to provide the information and gave 30 days more, the applicant, V Madhav of Porur, said the commission should say why it was not imposing the fine. V Santhanam, an activist in Chromepet, filed an application last year with the commission seeking details of how many PIOs it had penalised so far. He hasn’t got a reply. “In many cases, the SIC is not strict in imposing a penalty when a PIO unreasonably delays providing information even after the commission’s orders. The commission’s lenience apparently emboldens public authorities not to adhere to the act,’’ said M Thuyamurthy, an RTI activist of Tondiarpet. While many government departments cite shortage of manpower and other constraints for not replying, sources in the information commission denied that it was lenient in imposing fines. “The commission issues show-cause notice to PIOs who fail to provide information within the stipulated time. Fine is being imposed when the PIOs’ reply is not satisfactory. But most such PIOs have now obtained stay orders from the court,’’ the sources said. Evading Penalty • State Information Commission receives 50 to 100 appeals a day, of which about 25% need inquiry • Hearings are conducted in an average of 35 cases every day • Penalties imposed against PIOs in over 50 cases in the last four years and most of the PIOs obtained court stay

Friday, May 29, 2009

IOC penalises 25 erring gas agencies Distributors Penalised For Selling Domestic LPG Cylinders To Commercial Establishments

times of india, chennai edition 29th may 2009 page no.2

IOC penalises 25 erring gas agencies
Distributors Penalised For Selling Domestic LPG Cylinders To Commercial Establishments
Julie Mariappan | TNN

Chennai: The Indian Oil Corporation has taken “stern action” against 25 distributors in the city for their alleged role in diverting domestic cylinders for commercial use during the last two years. The IOC, however, has not specified the nature of action. During repeated raids following complaints from the public, it was discovered that distributors themselves were involved in the business of selling domestic cylinders to commercial establishments at a higher price.
“Action has been taken against erring distributors and penalty imposed as per policy of the Indian Oil Corporation,” IOC deputy general manager G Ramkumar said in his reply to an RTI query, while confirming that diversions were made by authorised dealers of Indane between February 2007 and December 2008. The list of charges against distributors include diversion of domestic cylinders to non-existing customers, releasing unauthorised connections, collecting excess charges while supplying refills and behaving rudely with customers.
The distributors penalised for various malpractices include Kavitha Gas Agency, TUCS Limited (at Teynampet, Pallavaram, Shenoy Nagar, Villivakkam, Nungambakkam and Tiruvanmiyur), Barathi Gas, Nanda Gas, Naveen Gas Agency, Triloks Gas Agency, Sri Jayam Indane Gas, Sri Ma Kripa Gas Agency, Prarthana, South Madras Gas Agency, Super Flame, Rajesh Gas, Vaishnavi Agency, Padma Gas, Mahaganapathy and Trilok.
“The number of raids conducted by vigilance personnel of IOC is minimal. The department conducts raids only once in a month in most cases, even though diversion of cylinders for commercial purposes is so rampant these days,” said V Gopalakrishnan, an activist who had filed the RTI application.
Indane’s domestic cylinders of 14.2 kg each are supplied at a subsidised rate of Rs 314.75 per cylinder, while commercial cylinders of 19 kg are priced at Rs 830 in the market. “The cost difference enhances the chances of diversion of cylinders,” says D Johnson, a resident of Mylapore. Most of the tea shops in commercial areas such as N S C Bose Road in Broadway, Kodambakkam, K K Nagar, Mylapore and Ekkaduthangal are supplied with domestic cylinders. In the central business district, delivery boys of TUCS indulge in diversion of domestic cylinders in broad daylight, residents allege.
In its recent circular to all field level officials and LPG distributors, the office of the chief area manager said they should not insist on a 21-day waiting period before the customer books another cylinder. “But dealers are neither aware of such directions nor are they properly educated on customer relations. They turn down requests rudely despite being told about the circular,” M Leeladevi, a resident of Pammal Nallathambi Street, said.

Saturday, May 23, 2009

Encroachments invite danger from vehicles

times of india, 22may 2009, chennai edition, page no.3

(http://epaper.timesofindia.com/Default/Scripting/ArticleWin.asp?From=Archive&Source=Page&Skin=TOINEW&BaseHref=TOICH/2009/05/22&PageLabel=3&EntityId=Ar00302&ViewMode=HTML&GZ=T)

Encroachments invite danger from vehicles
Julie Mariappan | TNN

Chennai: Hardly a day passes without an accident occurring on the Taramani Link Road. Hundreds of motorists from Velachery, Pallikarnai and Medavakkam have a tough time navigating the stretch as several families have encroached the road. A broad estimate reveals that at least 300 families have made the roadside their home for more than a decade.
The families, initially about 50 of them, were brought by a contractor engaged by the Chennai Metrowater Supply and Sewerage Board to lay pipelines in Velachery.
“From 100 metres, they have encroached on more than a kilometre now. But the government is not interested in rehabilitating them,” said S Kumararaja, general secretary, Federation of Velachery Residents Welfare Association. Encroachments are not confined to the Taramani Link Road. There are squatter families on P T Rajan Salai and Kamarajar Salai in K K Nagar; 11th Avenue in Ashok Nagar; and Rattan Bazaar near N S K Bose Road in Parry’s. They vie for space with cabs at night. A spurt in the number of accidents involving pavement dwellers in recent months has only exposed the lackaidaiscal attitude of government machinery, said activist V Gopalakrishnanan. “In spite of our repeated attempts to evict them we couldn’t succeed as the hutment dwellers enjoy political backing,” a Chennai Corporation senior official said.

Friday, May 15, 2009

10,000 cast no-வோடே

Another high: 10,000 cast no-vote
Despite Training, Polling Officers Caught Unawares On Rule 49(O) Procedures
times of india 14/05/09

Chennai:More than 10,000 people in the city opted for Rule 49(O), which allows the voter to mark his presence at the polling booth, but not cast his vote for any candidate. However, in many cases election officers were caught unawares.
Despite the election department’s claims of having conducted training for polling officers, many of them had no clue about the option. A few officials who knew that it existed, however, were not familiar with the right procedure to be followed. Corporation commissioner and district electoral officer Rajesh Lakhoni admitted that the turnout was unexpectedly big.
V Gopalakrishnan, a social activist, was the first at the MGR Corporation School in Chennai South constituency to ask for the Rule 49 (O) option. “The polling officer at booth 136 was totally blank. Then he asked me to ‘vote for some candidate and leave’. When I insisted on entering my refusal to vote in the 17A register, he called the zonal officer, who was equally ignorant. Finally, I called the district electoral officer and, after 90 minutes of struggle, got it done,” said Gopalakrishnan.
Dr S Murugasundaram, a dermatologist and a voter of ward 70 of Kilpauk in Chennai Central, had a similar experience when he went to vote at 8am. “The officer was rude when told about 49(O). He asked me not to create a ruckus and leave the place. However, I stood my ground and registered my refusal to vote,” he said.
Several people complained of policemen threatening them when they refused to leave the polling booths without registering their names under Rule 49(O) to prevent bogus voting in their names.
V Anandarajan of Nanganallur, which falls under the Sriperumbudur constituency, found the exercise smoother, but the officer there refused to apply indelible ink on his finger though the rule specifies that ink should be marked on the voter’s finger. All this, despite posters in front of polling booths mentioning the rule and the procedure being explained in the polling officer’s handbook (page 39).
According to Gopalakrishnan, what compounded the confusion was the use of the Tamil word ‘padivam’ (form) to describe 17A instead of ‘padivedu’ (register) under rule 49(O). Voters insisted on a form, while all they had to do was to sign in the register which others did, too, and mention in the remarks column ‘refuse to vote’.
Admitting there was widespread confusion, corporation commissioner and district electoral officer Rajesh Lakhoni said an unexpectedly large number of people opted for rule 49 (O). “Some officials may not have taken the training seriously and nobody anticipated such a large number of people choosing the option,” he said.
In Sriperumbudur constituency, residents affected by the expansion of Chennai airport had pledged to exercise the ‘no vote’ option to express displeasure at the indifference shown by political parties to their plight. But only 60 exercised it at different polling booths in Manapakkam, Gerugambakkam, Kolapakkam, Kovur and Tarapakkam in the constituency. The rest of them chose to boycott the polls, frightened of being harassed by agents of political parties.
Brinda Brighton, an office bearer of the United Peoples’ Forum for Survival, formed by affected residents, said: “People are now afraid of local agents of political parties. There is no privacy in exercising the ‘no vote’ option because we have to ask the presiding officer for form 17A and we are identified by party agents. At least in the next polls, the Election Commission should make it possible for people to exercise the option on the EVMs.”
CASTING THEIR DISPLEASURE More than 10,000 people in the city opted for Rule 49(O), which allows the voter to mark his presence at the booth but not cast his vote for any candidate
Despite the election department’s claims of having conducted training for polling officers, many of them had no clue about the option
Though residents affected by the expansion of Chennai airport had pledged to exercise the no-vote option to express displeasure at the indifference shown by political parties to their plight, only 60 exercised the right

Saturday, May 2, 2009

மெட்ரோ வாட்டர்

CHENNAI: For a few hours each day for the past seven years, the residents of MGR Nagar have been witness to a sore sight. Untreated sewage, first
in a trickle and later in a rush and allegedly from a faulty pipeline, has been flowing into the MGR Nagar canal near KK Nagar. And, residents allege, the Chennai Metrowater Supply and Sewerage Board (CMWSSB) or Metrowater has done nothing.

The canal, a carrier of flood water, has been providing relief to areas like MGR Nagar, Nesapakkam and K K Nagar for decades. "It appears that a Metrowater pipeline, which takes untreated sewage from the pumping station in nearby Bharathidasan Colony to the one in MGR Nagar and which runs close to the canal, is faulty. Sewage from this is damaging the entire water network," C Kandavelu, a resident, told TOI. Compounding the problem, a corporation public toilet abutting the canal lets out waste into the canal, reportedly because it does not have a proper disposal system.

About 0.6 million litres of sewage, according to official records, flows through the pipeline a day. Now, an entire canal is under threat. The Adyar river flows close to the canal. "If the government agencies themselves become offenders, to whom will the public complain?" says Neela of Bharathidasan Main Road.

On Wednesday, social activist V Gopalakrishnan had a chance to check the pumping station after he shot off an RTI application seeking details about the reported lapses. But the officials, he said, failed to provide even a route map of the pipelines going out of the pumping station. "We suspect some foul play. Why else will they hide the facts? If the pipelines are close to the canal, there is every possibility of sewage flowing in," Gopalakrishnan adds.

Also, heavy vegetation and mounds of garbage in the canal block the free flow of sewage, leading to high larval density. Residents have been forced to use various repellants as protection from mosquitoes. "No contestant for the upcoming elections has expressed concern about the state of the MGR Nagar canal. It is high time the authorities concerned woke up and acted," said M Leeladevi of Pammal Nallathambi Street, MGR Nagar.

The CMWSSB's Saidapet zone officials, on the other hand, denied any such let-out of sewage. "There is a possibility of sewage flowing out if a pipeline bursts but that hasn't happened," a senior official said. He added that a person had been deployed to look into the issue.

Monday, March 30, 2009

Activists irked as red tapism creeps into RTI-filing process

Activists irked as red tapism creeps into RTI-filing process (times of india 30/3/09 chennai edition page no.2)

Jeeva | TNN
Chennai: T Sadagopan, a consumer activist in Pattabiram, was surprised to see his appeal under the Right To Information Act returned four months after he sent it to the Central Information Commission (CIC). The CIC sent him a four-page communication explaining how to file an appeal.
Stating that his appeal was not in accordance with the procedure prescribed, the CIC put a condition that the appellant, before sending an appeal to the commission, should give a copy to the public information officer of the department about which he had sought information and a copy to the head of that department, who is the first appellate authority, An acknowledgement of this should be enclosed with the appeal to the CIC.
The commission insisted that the appeal should also have documentary proof for the fee paid along with the original application. It should also contain two sets of copies of all the documents to get the appeal admitted for hearing, it said.
Sadagopan is not alone. The long process of filing an appeal has irked the community of RTI activists with many saying it is against the spirit of the RTI Act itself.
“The CIC has gradually introduced several unreasonable and unnecessary procedures as if it is a court where we cannot file a petition without an advocate. The commission just returned one of my appeals saying it should contain five sets of copies of the documents enclosed. I avoided filing three or four appeals with the CIC merely because of the cumbersome procedure. But it is not so in the case of the State Information Commission,’’ said V Gopalakrishnan, a social worker in K K Nagar.
“While the RTI Act encourages the filing of applications by not prescribing any specified format for it but stipulating that public information officers should help applicants write the application if they are illiterates or physically challenged persons, the CIC’s unwanted procedures discourages people from filing appeals,’’ said M Nizamudeen, general secretary of Consumer Confederation of India.
CIC chief commissioner Wajahat Habibullah admitted there were some proceedural difficulties and said many of them were being removed. “The appellants need not send a copy of the appeal to the PIO or the first appeallate authority now. We have also introduced online filing of appeals. The documents can be sent to us through e-mail,’’ he said.
jeeva.pugazvendan@timesgroup.com