Claim that a file is missing or is not traceable has no legality under RTI

In a significant decision Central Information Commission (CIC) has ruled that unless proved that record was destroyed as per the prescribed rules of destruction/ retention policy, it is deemed that record continues to be held by public authority. The decision has been posted at out wiki Segment, for those who want to use it as a reference. You can visit out wiki article here: Missing Files under RTI Act.

Claim of file missing or not traceable has no legality as it is not recognized as exception by RTI Act. By practice ‘missing file’ cannot be read into as exception in addition to exceptions prescribed by RTI Act. It amounts to breach of Public Records Act, 1993 and punishable with imprisonment up to a term of five years or with fine or both.

Public Authority has a duty to initiate action for this kind of loss of public record, in the form of ‘not traceable’ or ‘missing’. The Public Authority also has a duty to designate an officer as Records Officer and protect the records. A thorough search for the file, inquiry to find out public servant responsible, disciplinary action and action under Public Records Act, reconstruction of alternative file, relief to the person affected by the loss of file are the basic actions the Public Authority is legitimately expected to perform.

After all, it is quite possible that the required information may be located if a thorough search is made in which event, it could be possible to supply it to the applicant.

Fear of disciplinary action, against the person responsible for loss of the information, will also work as a deterrence against the willful suppression of the information, by vested interests. It would also be open to the Commission, to make an inquiry itself instead of directing an inquiry by the department/office concerned.

The decision is available in the CIC website here: Sh.Om Prakash Vs. Land & Building Dept, GNCTD

Click Here for the full story

Consumer Alert – No.12

September 2014                                                                         No. 12


How healthy are malt-based beverages?
Read more

Educational institutes excel in exaggeration!

The competition among educational and coaching institutes is stiff. But that’s no reason for making false and misleading claims.

Stay safe online

The internet offers many opportunities and useful information at our fingertips. We download content, make online transactions and use social networking sites. While doing all this we are revealing personal information. Find out how to keep personal data secure online.   Read more

CERS MEDIATES

Canara Bank reverses charges for cheque book delivery   

HDFC loses share certificate of flat, arranges for copy

What your gas agency didn’t tell you 

Are you aware that you are entitled to up to Rs. 40 lakh risk cover in case of loss of life, injury or damage to property due to LPG cylinder explosions?

New ad norms for fairness creams

The Advertising Standards Council of India (ASCI), a
self-regulatory body, has released a set of guidelines for advertising skin lightening and fairness products in India.

CERS SETTLES IN COURT

Exchange offer turns sour, garage owner told to refund money

Postal authorities made to cough up PPF deposit interest 

Can an appellate authority grant conditional stay?

The Consumer Protection Act, 1986 requires a party challenging an order in appeal to deposit a prescribed amount at the time of lodging the appeal. Can the appellate authority direct the appellant to deposit further money to grant conditional stay?
Read more

Have a complaint? Go on Twitter

Tired of your consumer complaints going nowhere, despite making numerous phone calls and sending emails? Take your complaints to Twitter. The company concerned is likely to act immediately and take damage control measures.  Read more
NEWS FLASH

Tax on sugary drinks in latest Budget 

Prices of fizzy sugary drinks will increase with the Government levying an excise hike in an attempt to curb consumption.

Insurance buyers don’t need to reveal lifestyle diseases

Sold goods can always be returned

Make doctors write prescriptions in capital letters: MP

Rajendra Agrawal, MP from Meerut, feels doctors often write illegible prescriptions  putting patients at risk.

Stricter labelling norms for packaged food

New Bill limits Rlys’ liability in case of accidents

The cancer tests you really need—and those you don’t

Based on talks with experts and review of current research,Consumer Reports Health gives you useful advice on when you should go in for cancer screening.  Read more

IN A CAPSULE

Mobile phone use linked to skin allergy

Two meals better than six for some diabetics

Beat those hunger pangs with pulses

CERC NEWSLINE

CP Act Amendments

CERC has sent detailed comments on the Draft proposed by the Ministry of Consumer Affairs for amendments to the Consumer Protection Act, 1986 making nearly 40 suggestions.

CERC’s City Centre

Renewable Purchase Obligation

Roundtable on Counterfeit Food Products 

Hotelier-philanthropist and CERS Trustee Jehangir Cama passes away

Ahmedabad-based hotelier and philanthropist who started the Cama Hotel, one of the first luxury cum business hotels in the city in 1960, Mr Jehangir R.J. Cama, passed away on 25 August 2014.   Obituary

Women Empowerment

The  Sexual   Harassment   of  Women at  Workplace (Prevention,  Prohibition and  Redressal)  Act  2013

Employer Responsibilityunnamed (10)

  1. To provide a Sexual Harassment free work environment.
  2. Every  workplace having 10 or more employees is  required to constitute an Internal Complaints  Committee -ICC.
  3. The details of the ICC should be put on the notice  board of the office.
  4. To conduct Workshops and Seminars to Sensitize Employees

 Employee Duties

  • Check if your office has an ICC
  • Complain if you face any kind of Sexual Harassment  ( Mental, Verbal or Physical) to ICC

 Penalties

For Non Compliance the employer would be liable to be punished with a fine up to Rs. 50,000 and thereafter double penalty and cancellation of his license to conduct business.

 www.womanempowerment.in

Courtesy : Ruzan Khambatta

Your Right to Service

The Right To Services* Act, whose official title is the ‘Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005’, was one of the demands (along with the Right to Information Act) raised by crusader Anna Hazare during his anti-corruption campaign.
Thanks to the relentless efforts of activists, an Ordinance was issued on August 29, 2003. It became an Act on 12 May, 2005 and came into effect on 1 July, 2006. Further, the Rules for the Act were framed on November 14, 2013.

Your Right to Service

 Frequently Asked Questions (FAQ)

  • What is the difference between the RTS* and the RTI Acts?
  • What is a Citizens’ Charter?
  • What are the key features of the RTS Act?

Learn more

 

Buildings cannot be legally demolished without a commencement certificate

Under the current redevelopment scheme, buildings cannot be legally demolished without a commencement certificate. Dated: May 19, 2014.

http://indianexpress.com/article/cities/mumbai/civic-body-suggests-new-conditions-for-redevelopment/

TO prevent loss of life and to encourage residents of privately-owned highly dilapidated structures to vacate their dangerous premises, the BMC, in its proposed guidelines to the Bombay High Court (HC), has introduced new conditions for redevelopment of such structures.

Under the current redevelopment scheme, buildings cannot be legally demolished without a commencement certificate (CC), which mandates an agreement between occupiers/tenants and landowners/developers.
However considering the urgency in demolishing highly dilapidated and dangerous (C-1 category) structures, the BMC is willing to allow demolition without the CC, and to stall fresh construction on the site till residents/occupiers reach an agreement with landowners/developers.

The corporation has proposed imposing these conditions in the initial sanction — the Intimation of Disapproval (IOD) — granted for proposals pertaining to redevelopment of C-1 buildings, which may be demolished by the civic body as part of its preventive disaster management action.

Only after such an agreement, which suitably compensates and accommodates occupants elsewhere, is filed with the civic body, will commencement certificates (CCs) be issued for these redevelopment projects under section 45 of the Maharashtra Regional and Town Planning Act, 1996.

Last week, in its petition to the HC, the corporation had submitted these draft guidelines for tackling evictions/evacuation of residents from ‘C-1’ category dilapidated buildings (highly dangerous and in need of immediate evacuation), which are privately-owned, municipal-owned or cessed structures.

As reported by Newsline, the corporation has proposed to forcibly evict residents from these premises irrespective of their ownership and demolish the dangerous structures under section 354 of the Mumbai Municipal Corporation Act of 1888. Currently under this legal provision, the

BMC can only serve notices, but no follow-up action is possible.

For civic-owned and cessed structures maintained by MHADA, the BMC has proposed that alternate accommodation will be provided by the civic body and MHADA itself until the building is reconstructed.
BMC’s lawyers E P Bharucha, S U Kamdar and advocate JJ Xavier suggested these conditions be put in place to safeguard the rights of tenants and occupants unwilling to vacate C-1 structures.

“In case privately owned buildings are demolished by the corporation in exercise of power under section 354, then the corporation shall, while granting sanction of redevelopment, impose a condition in IOD that no CC will be issued unless and until an agreement either providing a

permanent alternate accommodation in a newly constructed building

or settlement is arrived at by and between the tenants and/or occupier and the landlord in respect of the said demolished premises is, filed with the corporation,” says the draft guidelines submitted to the HC.

As per data, there are approximately 593 C-1 structures under various ownerships across Mumbai. The tally is likely to increase as more structural audits of buildings aged over 30 years, are being carried out.

The state has told the HC that it is currently in the process of deliberating on the guidelines and the matter has been adjourned to June.

alison.saldanha@expressindia.com

****************************************************************************************************************

J.B.Patel (Jeby)
Housing Societies’ Activist
Mobile:9820538570
FIGHT FOR YOUR RIGHT !

Miracle Drink

MIRACLE DRINK ... KILLS CANCER CELLS TOO.....MUST READ : This MIRACLE DRINK has been circulating for a long time long ago.It is worth your while to take note. There is a celebrity Mr. Seto who swears by it. He wants to make it public to draw the attention of people who have cancers. This is a drink that can protect bad cells forming in your body or it will restrain its growth! Mr. Seto had lung cancer. He was recommended to take this drink by a famous Herbalist from China. He has taken this drink diligently for 3 months and now his health is restored,and he is ready to take a pleasure trip. Thanks to this drink! It does not hurt for you to try. It is like a Miracle Drink! It is simple. You need one beet root, one carrot and one apple that combine together to make the JUICE! Wash the above, cut with the skin on into pieces and put them into the juicer and immediately you drink the juice. You can add some lime or lemon for more refreshing taste. This Miracle Drink will be effective for the following ailments: 1. Prevent cancer cells to develop.It will restrain cancer cells to grow. 2. Prevent liver, kidney,pancreas disease and it can cure ulcer as well. 3. Strengthen the lung, prevent heart attack and high blood pressure. 4. Strengthen the immune system 5. Good for the eyesight, eliminate red and tired eyes or dry eyes 6. Help to eliminate pain from physical training, muscle ache 7. Detoxify, assist bowel movement, eliminate constipation.Therefore it will make skin healthy & LOOK more radiant.It is God sent for acne problem. 8. Improve bad breath due to indigestion, throat infection, 9.pain 10. Assist Hay Fever Sufferer from Hay Fever attack. There is absolutely no side effect. Highly nutritious and easily absorbed.Very effective if you need to loose weight.You will notice your immune system will be improved after 2 week routine. Please make sure to drink immediately from the juicer for best effect. PLEASE SHARE TO YOUR FAMILY AND FRIENDS.

MIRACLE DRINK … KILLS CANCER CELLS TOO…..MUST READ :

This MIRACLE DRINK has been circulating for a long time long ago.It is worth your while to take note. There is a celebrity Mr. Seto who swears by it. He wants to make it public to draw the attention of people who have cancers. This is a drink that can protect bad cells forming in your body or it will restrain its growth! Mr. Seto had lung cancer.

He was recommended to take this drink by a famous Herbalist from China. He has taken this drink diligently for 3 months and now his health is restored,and he is ready to take a pleasure trip. Thanks to this drink! It does not hurt for you to try.

It is like a Miracle Drink! It is simple.

You need one beet root, one carrot and one apple that combine together to make the JUICE! Wash the above, cut with the skin on into pieces and put them into the juicer and immediately you drink the juice.

You can add some lime or lemon for more refreshing taste.

This Miracle Drink will be effective for the following ailments:

1. Prevent cancer cells to develop.It will restrain cancer cells to grow.
2. Prevent liver, kidney,pancreas disease and it can cure ulcer
as well.
3. Strengthen the lung, prevent heart attack and high blood
pressure.
4. Strengthen the immune system
5. Good for the eyesight, eliminate red and tired eyes or dry eyes
6. Help to eliminate pain from physical training, muscle ache
7. Detoxify, assist bowel movement, eliminate constipation.Therefore it will make skin healthy & LOOK more radiant.It is God sent for acne problem.
8. Improve bad breath due to indigestion, throat infection,
9.pain
10. Assist Hay Fever Sufferer from Hay Fever attack.

There is absolutely no side effect. Highly nutritious and easily absorbed.Very effective if you need to loose weight.You will notice your immune system will be improved after 2 week routine.

Please make sure to drink immediately from the juicer for best effect.

PLEASE SHARE TO YOUR FAMILY AND FRIENDS.

Is the restriction on free use of ATMs fair?

What bankers get from charging for ATM use is peanuts compared to what they are losing in NPAs

A day before this announcement by the PM, the Reserve Bank of India (RBI) announced certain changes to the ATM facility offered to bank customers and the charges levied for withdrawals through ATMs with effect from 1 November, 2014.
What are the changes introduced by RBI for ATM withdrawals?
The present rules for ATM withdrawals are as under:
1. At present every ATM card holder could withdraw cash from the same bank’s ATM any number of times free of all charges. For example, if you have an account with State Bank of India (SBI), you could withdraw cash or do any other non-cash transactions from ATMs of SBI any number of times in a month with out any charges.
2. Secondly, at present, you can transact or withdraw cash from other banks’ ATMs also, but only five times a month without any charges. For withdrawals beyond five times in a month, you are being charged Rs.20/- plus service tax for every such withdrawal.
3. These rules are applicable even for non-financial transactions, like using the ATMs forbalance enquiry and seeking details of last five transactions in your account. In short, usage, for any purpose, of ATMs of your own bank where you maintain your account is totally free, but you can use other banks’ ATMs also for  maximum of five times in a month without any charges.

Click Here for the detailed story from MoneyLife

Maharashtra District, Civil and Criminal Courts online

District Courts Go Online, Maharashtra Experience  Indian Judiciary has played a major role for nation building and also contributed in mobilizing the society to deliver its best to the Nation. In the past few years Litigation has risen in large number and it has become exceedingly difficult to manage it manually. 

Services Offered to the Citizens   The system is operational at  at all District Courts, and is in the process of horizontal replication in other courts of Maharashtra. Benefits to the society, Litigants, Lawyers and Judicial Administration are mentioned in the Project Description. 

The Case Information System is accepted by Maharashtra Judiciary.Implementation of CIS is successfully completed at all the 365 locations of Maharashtra.  Use of Open Source Technology have saved huge amount (around 17.5 Crores) to the exchequer.

Click Here to visit the site and search your case

Hazardous chemical pesticides in our tea!

An investigation carried out by us has found residues of hazardous chemical pesticides in our tea! READ the report: http://bit.ly/CleanChaiAn investigation carried out by us has found residues of hazardous chemical pesticides in our tea! READ the report: http://bit.ly/CleanChai

A total of 34 pesticides were found in 46 samples of tea brands produced and consumed in India. More than half of the samples contained pesticides that are 'unapproved' for use in tea cultivation. 

Activists have been occupying billboards in Mumbai to demand clean tea for 21 hours. SIGN, SHARE and ASK FOR #CleanChai: 
http://grnpc.org/cleanchaifbp

A total of 34 pesticides were found in 46 samples of tea brands produced and consumed in India. More than half of the samples contained pesticides that are ‘unapproved’ for use in tea cultivation.

Activists have been occupying billboards in Mumbai to demand clean tea for 21 hours. SIGN, SHARE and ASK FOR ‪#‎CleanChai‬: 
http://grnpc.org/cleanchaifbp