Administrator responsible to furnish info under RTI

[karira]

As reported in oheraldo.in on 29 December 2009:
oHERALDo :: Administrator responsible to furnish info under RTI

Administrator responsible to furnish info under RTI

The Additional Collector-II, North Goa Collectorate, here, in a judgement ruled that the intervention of the attorney of Comunidades in matters relating to records of the Comunidade was absolutely unwarranted.

The judgement given by the Additional Collector Shabari Manjrekar was pertaining to a matter between Peter Fernandes of Moica Vaddo, Pilerne, Bardez (appellant) and The Administrator of Comunidades, North Zone, Mapusa, Bardez (respondent).

Fernandes had in an application dated 29/6/2009 requested the Administrator of Comunidades to furnish names and addresses of those who have been allotted plots under Survey No 53/1 in Pilerne village and certain resolutions passed by the Pilerne Comunidade in different general body meetings.

After the respondent moved the Pilerne Comunidade for the information as sought by the appellant, he got a reply from the attorney of the said Comunidade stating the appellant was not a ‘Gaonkar’ of the Comunidade and as such the information could not be furnished.

The respondent had prayed that the attorney and the clerk of the Comunidade be treated as public information officers under Section 5(5) of the Right to Information Act to furnish the requisite information. This prayer of the respondent was overruled.

The judgement by Manjrekar noted that the stand taken by the Administrator was not maintainable because the Code of Comunidades was very clear the Registrar of Comunidade was the custodian of the records of the Comunidade. It states as per the Code, the Registrar was the custodian of all documents and records of the Comunidade and he (the Registrar) was responsible to the Administrator.

The judgement further maintains as per Article 88(b)(i) of the Code of Comunidades it is clear that all land dealings and transactions should be kept open and should be made available for at least 10 years.

It states such land dealings or any such important matters should be sent to the Administrator of Comunidades for maintaining duplicate copies in his office. Thus, the Administrator of Comunidades was required under law to maintain duplicate copies of all land dealings of the Comunidades in his office, it observes.

The judgement asserts that the respondent, Public Information Officer, being the controlling authority ought to have obtained the required information from the Registrar and furnished the same to the appellant, which the respondent in the present case had failed to deliver.

Disposing off the case, Manjrekar ordered the respondent to furnish the information asked by the appellant vide his application dated 29/6/2009 within 15 days of passing the order.

[pooorabyoura]

This refers to administrators of "Comunidades".

I did not know the meaning of this term.

For others like me, here is the meaning (from Wikipedia):

The Comunidades of Goa are a unique and age-old collective land-ownership pattern that has been predominating in the state of Goa, India.

The Wikipedia article is here