Monday, October 13, 2008

Civic body resolution records permanent: GIC

Civic body resolution records permanent: GIC

18 Aug 2008, 0513 hrs IST,TNN

AHMEDABAD: Gujarat Information Commission (GIC) has held that resolutions of the general board held by a municipal corporation are permanent records and taking the grounds that they are not available is not reasonable when they have been demanded under the Right to Information (RTI) Act.

GIC has directed Junagadh Municipal Corporation (JMC) to conduct a thorough search of its records in all its branches to look for the missing resolutions and also, to take required measures as per rules to lodge a complaint with police regarding the missing records.

Dahyalal Sarvaiya of Junagadh had, under RTI, sought from the public information officer (PIO) of JMC certified copy of the general board resolution number 219 of July 29, 1987, of Junagadh Nagarpalika, certified copy of the map of land bearing survey number 214, and certified registered sale deed number 2294 of sale of that land.

The PIO informed Sarvaiya that as records were not available, information could not be provided. The appellate authority deciding Sarvaiya's appeal informed him that copy of the resolution was not available. The record clerk at that time, Kishore Vyas, had passed away and he had not handed over the records. For copy of the ownership rights and the sale deed, Sarvaiya's application was transferred to the office of the sub-registrar.

Before GIC, Sarvaiya questioned whether JMC had filed a police complaint in case the fact that Vyas had not handed over the records was correct. JMC contended that the resolution was of 1987 and pertained to Junagadh Nagarpalika which then became Junagadh Mahanagarpalika and was not on records.

Sarvaiya argued that JMC's contention of the copy of the resolution not being on record was incorrect and misleading.


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The RTI Act was passed by the Lok Sabha (Lower House) on 11 May 2005, by the Raj Sabha (Upper House) on 12 May 2005 and received Presidential assent on 15 June 2005. Parts of the Act came into force upon Presidential assent, but the Act came fully into force on 12 October 2005, 120 days after Presidential assent.

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