Ithikkara
Block Panchayat

Right to Information Act (RTI)

The Right to Information Act, passed by the Lok Sabha on May 11, 2005, received Presidential assent on June 15. From that date, several key provisions of the Civil Rights Act came into force. The law came into full effect on October 12.

This Act aims to make information held by public authorities accessible to all citizens, enhance transparency and accountability in the functioning of public authorities, maintain public trust, and eradicate corruption.

Right to Information refers to the right of citizens to access information held by or under the control of a public authority. This includes:

• The right to inspect work, documents, and records belonging to government institutions and government-funded bodies.
• Taking notes, extracts, or certified copies of documents or records.
• Taking certified samples of materials.
• Obtaining information stored in computers or other electronic systems in the form of printouts, disks, etc.

The law mandates that all information—except that related to national security and specific protected interests (as specified under Section 8 of the Act)—must be provided to citizens.

Civic Duties and Responsibilities

As active participants in the system of governance, every citizen has rights and must ensure they receive them clearly and precisely. Any actions contrary to these rights must be prevented, and full compliance with civil rights must be implemented.

At the same time, citizens have a duty to fulfill certain responsibilities toward society and the state, broadly termed civic duties. Fulfilling these voluntarily is the duty of a good citizen.

Indian Constitution – Article 51A (1978)

• Respect and adhere to the Constitution and the core values of the nation; do not disrespect or violate them (foster the values of the national freedom struggle).
• Protect and maintain public property, avoiding its destruction.
• Preserve historical and cultural heritage.
• Protect and preserve natural resources, forests, wildlife, and ecological balance.
• Protect and uplift the status and dignity of women, and oppose anti-women practices.
• Oppose superstitions and social evils, foster a scientific temper, humanism, and a spirit of inquiry, and strive toward individual and collective excellence.
• Uphold the sovereignty, unity, and integrity of the nation; promote harmony and universal brotherhood across religious and community lines; and be ready to render national service when called upon.

Panchayat Raj Act

The 1994 Panchayat Raj Act outlines the duties and responsibilities of citizens residing in a Grama Panchayat area. As a citizen of a Panchayat, every resident is obligated to perform the following duties:

• Participate in the Gram Sabha. Directly engage in the local governance process to make constructive democracy meaningful.
• Prevent tax evasion and pay taxes/rates on time. Ensure the local self-government's own revenue, avoiding fraudulent practices or excuses regarding tax payments.
• Assist the Panchayat in development activities by contributing physical and financial resources as well as labor.
• Actively participate in planning, implementation, and evaluation.
• Avoid causing public nuisances, disruptions to public life, or dumping waste in public places, and remain vigilant against such actions.
• Cooperate with the Panchayat in implementing sanitation, disease prevention, nutrition distribution, literacy drives, legal awareness, and dispute resolution processes.
• Assist in making the social audit process effective.
• Engage in activities that promote social harmony and participatory development while opposing fundamentalism and sectarianism.
• Maintain vigilance under the law against corruption and maladministration to ensure democratic governance at the local level.
• Cultivate habits of cooperation and savings.
• Surrender land required for development projects and refrain from illegally encroaching on public land.
• Organize neighborhood groups (Ayalkkoottams), self-help, and mutual-aid groups.
• Avoid anti-social behaviors such as spitting, open defecation/urination, drinking alcohol, or smoking in public places and roadways.
• Refrain from slaughtering animals openly in public places, or displaying and selling meat/meat remnants openly in an offensive manner.
• Ensure pets, livestock, and birds receive necessary timely vaccinations and required licenses.
• Comply with rules and laws, avoid violations, and refrain from abetting or encouraging violations.
• Maintain gender equality and justice, actively participating in efforts toward this goal.
• Ensure awareness regarding these civic duties.

Right to Information under Panchayat Raj

Citizens have the right to access and copy any information, facts, documents, or records regarding administrative, developmental, or regulatory duties of the local self-government institution, except for those classified as confidential. Under Chapter 25A (Sections 271 A, B, C) and related rules of the Kerala Panchayat Raj Act (1999), citizens are granted this right.

Procedure for Obtaining Information/Records:

• Submit an application requesting information or records in the prescribed form to the Secretary.
• For transferred institutions, submit the application to the head of the concerned institution.
• Along with the application, pay an application fee of ₹2. For records older than one year, a search fee of ₹2 per year applies. If copies are requested, a fee of ₹2 per approximately 200 words is collected, against an official receipt.
• The date for inspecting records or receiving certified, verified copies must be specified on the receipt.
• If the requested information is officially notified as confidential, the Secretary or responsible officer may reject the application in writing, stating the reason.

In Case of Delays in Providing Information:

• If delay exceeds the stipulated time frame, a penalty of ₹50 per day can be recovered from the defaulting officer responsible for providing the information, deposited into the local body's own fund.
• If the officer intentionally or negligently fails to provide information or supplies incorrect information, a fine of not less than ₹1,000 can be levied.

If Records Are Unavailable:

• If records cannot be located after a reasonable search, have expired, or do not exist, the applicant must be informed with a valid explanation that the requested information cannot be provided. Decisions made in good faith receive legal protection. If records are not provided, the fee collected must be refunded.

Information on Development Projects:

• Information regarding the execution of development projects must be publicly, transparently, and clearly displayed at the project site. Technical and financial details must be published alongside administrative decisions, adhering strictly to transparency guidelines.
• Administrative information and meeting minutes of the Gram Sabha, local self-government institutions, and transferred bodies must be published in a manner accessible to the general public.

Right to Information Act (2005)

The Right to Information Act was enacted at the national level in July 2005. This law guarantees citizens access to information from Central and State government offices, semi-government bodies, institutions receiving public funds, and NGOs (excluding exempted/listed organizations).

Any information held by, accessible to, or under the control of public authorities falls within its scope. Within 120 days of the Act coming into force, public institutions were required to organize and publish detailed information including institutional structure, officers and staff, responsibilities, services offered, criteria/norms, fees/charges, and designated RTI officers.

Information covers administrative documents, notices, orders, file notes, advice, opinions, circulars, models, samples, and reports. Citizens can request certified true copies or copies in electronic formats such as computer disks.

How to Apply:

Submit an application on plain paper to the Assistant Public Information Officer or Public Information Officer of the institution. It must contain the applicant's address, specific details of the required information, and the preferred format of the copy. Applicants are not required to disclose the reason for requesting information. If additional costs are required to provide the information, the applicant may be directed to pay.

Timeframe:

• Information must be provided within 30 days from the date of application for standard requests.
• Information concerning human rights violations or life/liberty must be provided within 48 hours.
• If information cannot be provided within this timeframe, the application fee must be accepted and information provided, or if unavailable/rejected for valid reasons, a written rejection notice must be provided.
• If no decision is taken within the time limit, it is considered a deemed refusal by the Public Information Officers. Oral requests will also be considered if a written application cannot be made.

Who Should Provide Information:

Designated RTI Officers (Public Information Officers) in each institution as notified by State/Central governments. A Public Information Officer can seek assistance from any other officer, who will then be treated as an RTI Officer for that purpose.

Appeals Procedure:

• First Appeal: If information is denied or not provided within the time limit, a first appeal can be filed with the designated higher authority. The decision notice must state the reason, time limit for appeal, and appellate authority details. No fee or specific format is required for the appeal, but a copy of the initial decision must be attached.
• Second Appeal: If unsatisfied with the first appeal decision, a second appeal can be filed before the Central or State Information Commission. Appeals can also be filed against excessive fees, incomplete/incorrect information, or non-issuance of decisions.

Judicial Powers:

The Information Commission has judicial powers to summon any information (including confidential records) for inspection, and to summon officers to give evidence. The Commission can issue orders to provide information, impose penalties, and recommend disciplinary action.

Penalties:

For failure to provide information on time, deliberate refusal without cause, supplying incorrect/misleading information, destroying records, or obstructing information access, a penalty ranging from ₹250 per day up to a maximum of ₹25,000 can be imposed by order of the Information Commission.

Official Secrets Act & Exemptions:

Information covered under the Official Secrets Act, listed as exemptions in the RTI Act, under judicial consideration, affecting national integrity, public interest, third-party rights, or copyright infringement may be denied.

RTI Fee Structure under Municipality Jurisdiction

Ombudsman for Local Self-Government Institutions

The Ombudsman is an authority established to conduct preliminary or general inquiries into complaints regarding corruption, maladministration, or irregularities by employees, officers, Gram Panchayat Presidents, members, or officers of transferred institutions under local self-government.

This authority covers 3-tier Panchayats, Municipalities, and Municipal Corporations. The appointed person must be a serving or former Judge of the High Court.

Duties:

• Redress public grievances.
• Cleanse administrative functioning.
• Conduct detailed inquiries into allegations contained in complaints, referred by government, or brought to notice.

Powers:

• Power to pass orders on allegations.
• Power to issue interim orders restraining local bodies from specific actions.
• Power to impose compensation and fines.
• Powers of a Civil Court trying a suit under the Civil Procedure Code (1908).
• Power to requisition services of any government officer, including police officers.

Exclusions from Ombudsman Jurisdiction:

• Matters formally/publicly ordered for inquiry by the Government.
• Matters requiring remedy through Local Self-Government Tribunals.
• Matters pending before a court under the Commission of Inquiry Act (1952).
• Complaints filed after 3 years from the date of occurrence (unless sufficient cause is shown for delay).

Points to Note When Filing a Complaint:

• Must be submitted in Form A provided in the appendix.
• Attach a ₹10 Court Fee stamp.
• Submit 4 copies of the complaint and previous relevant complaints, plus copies matching the number of respondents.
• Include an affidavit affirming that statement contents are true and correct.
• Send directly or by post to the Ombudsman or Secretary.
• Non-compliant complaints will not be considered. Defects must be cured and resubmitted within 15 days.

Right to Services Act

The Right to Service Act guarantees government services as a right for citizens. It covers services provided by government departments and local bodies. Came into force in Kerala on November 1, 2012.

Fixed timeframes are established for each service. Designated officers and two appellate authorities are appointed. Written rejection and mandatory receipts must be provided. Penalties range from ₹250 per day (minimum ₹500 to maximum ₹5,000) for officers failing to deliver services in time.

Features:

1. Eliminates delay caused by bribery demands.
2. Ensures administrative transparency.
3. Increases efficiency and accountability of government officials.
4. Ensures timely delivery of government services.

Block Panchayat – Duties and Responsibilities

Under Section 172 of the Kerala Panchayat Raj Act, Block Panchayats are responsible for maintaining transferred institutions and formulating economic development and social justice schemes.

A. General Duties

1. Utilize government and non-government technical expertise at the block level.
2. Provide technical support to Gram Panchayats.
3. Formulate plans taking Gram Panchayat plans into account to avoid duplication, providing backward and forward linkages.

B. Sectoral Duties

• Agriculture: Farmers' training, supply of agricultural inputs, exhibitions, watershed management, credit mobilization, and sericulture.
• Animal Husbandry & Dairy: Poly-clinics, artificial insemination centers, expert services, cattle/poultry shows.
• Minor Irrigation: Implement/maintain lift irrigation and minor schemes for multiple Gram Panchayats.
• Fisheries: Development of traditional landing sites.
• Small Scale Industry: Mini industrial estates, SSI promotion, self-employment schemes.
• Housing: Low-cost housing, housing co-operatives.
• Power & Energy: Develop non-conventional energy sources.
• Education: Manage government Industrial Training Institutes (ITIs).
• Public Works: Village roads connecting multiple Gram Panchayats, constructing buildings for transferred institutions.
• Public Health: Community Health Centres (CHCs) and Taluk Hospitals.
• Social Welfare: Manage ICDS centers.
• Poverty Alleviation: Employment guarantee schemes, self-employment, wage employment.
• SC/ST Development: Pre-metric hostels, SC/ST cooperatives.
• Cooperation: Organize and strengthen cooperatives.

Duties and Powers of Elected Representatives

President's Powers and Duties:

• Executive authority vests in the President.
• Convene and preside over Panchayat meetings, implement decisions, exercise general supervision over staff, and prepare confidential reports.
• Authorize financial payments and submit administrative reports.
• Power to suspend non-gazetted staff for duty default (subject to committee ratification).
• Inspect files, issue emergency financial orders, refer illegal/dangerous resolutions to government, and allow questions/resolutions.

Vice President:

• Ex-officio Chairman of the Finance Standing Committee.
• Exercises all powers of the President in his/her absence or if unable to function for >15 days.

Standing Committees:

1. Finance Standing Committee: Finance, accounts, audit, budget, general administration.
2. Development Standing Committee: Planning, agriculture, public works, industries, housing.
3. Welfare Standing Committee: SC/ST development, women & child welfare, poverty alleviation.
4. Health & Education Standing Committee: Health, environment, education, culture.

Rights and Duties of Panchayat Members

• Attend meetings, participate in discussions, ask up to 2 questions, and introduce resolutions.
• Inspect public works/projects and bring public grievances to notice.
• Inspect non-confidential records during office hours with notice.
• Disqualification occurs for unexcused absence from 3 consecutive meetings or 3 months, non-submission of asset statements, or tax arrears.
• Anti-Defection Law (1999) applies.

Key Block Panchayat Administrative Officers & Sections

• Block Development Officer (BDO): Head of Office.
• Joint BDO (EGS): Employment Guarantee Scheme.
• Joint BDO (Rural Housing): Housing schemes.
• Extension Officer (Planning & Monitoring): Planning and monitoring.
• Extension Officer (Women Welfare): Self-employment & women's welfare.
• General Extension Officer: Savings schemes, youth welfare, plan coordination.
• Village Extension Officers (VEOs): Panchayat-level project execution.

Vigilance and Anti-Corruption Bureau Contacts

1. Deputy Superintendent of Police, VACB Kollam Unit, Civil Station, Kollam — Phone: 0474 2795092 / Email: dyspkim.vach@kerala.gov.in
2. Superintendent of Police, VACB Southern Range, Thiruvananthapuram — Phone: 0471 2550118 / Email: spsrt.vacb@kerala.gov.in
3. Director, VACB Thiruvananthapuram — Phone: 0471 2550377 / Email: vin.vacbz@kerala.gov.in

Key Government Offices in Ithikkara Block Jurisdiction

• Block Development Office: 2593260
• Adichanalloor Grama Panchayat: 2593341
• Chathannoor Grama Panchayat: 2583254
• Chirakkara Grama Panchayat: 2514800
• Kalluvathukkal Grama Panchayat: 2572033
• Poothakkulam Grama Panchayat: 2512267
• Sub Treasury Chathannoor: 2093296
• Water Authority Chathannoor: 2590100
• KSEB Chathannoor: 2993333
• KSEB Poothakkulam: 2512353
• Police Station Paripally: 2572065
• Police Station Kottiyam: 2530100
• Medical College Paripally: 2575050

Conclusion

The Right to Information Act (2005) holds timeless significance in the history of Indian democracy. Access to information is a core component of democratic governance. Citizens can critically evaluate, assess, and work toward redressing public issues only when provided with accurate, transparent, and objective information, thereby ensuring transparent, corruption-free, and trustworthy administration.