information about account statement of panchyat of a village from bank

[advocate rajesh]

i applied for the supply of account statement of a village panchyat form spio bank manager who refused saying that the account statment can not be given as it is exempt and secret . Is asking panchyat bank account statement barred ,

[jps50]

Yes. CIC has also upheld that personal info of bank accounts of third person cannot be accessed under RTI. However, you can get it if you can show that public interest is involved in accessing this info.

[karira]

Rajesh,

You can try to get the "Accounts details" like income/expense and audited statements directly from the village panchayat. These are bound to be suo moto disclosed under Sec 4 of the RTI Act.

[advocate rajesh]

Karika Sir,
there are hardly any panchyat which are properly maintaing accounts more over the curroption is lot more , That is why i asked this question whether i can have detail through bank. How i can show public interest in my application .

[DineshK]

I have asked the same information from a Panchayat officer and the PIO has asked me to deposit 5300 for 530 copies.

Though I have asked for the bank statements of three years I doubt the number of pages can be 530. Any way .. I have decided to pay the amount to ascertain the facts.

[advocate rajesh]

If the PIO could not provide you the above said pages ,he will have to face the music. though it is very difficult that there are 530 pages .
Same thing happned in my case I was asked to deposit Rs. 23600/- ,But it was my good luck that the demand of Rs 23600/-was made beyond 30 days ,which iI proved in the appeal and the PIO was ordered to supply free of cost .

[prbhat_gen]

in one instance the CPIO demanded an amount against providing the (certified) xerox copies of certain documents. the CPIO demanded the amount on the very 29th day. i immediately send the amount to him.

he send the (uncertified) xerox copies on the 57th day of the RTI application. now in my 1st appeal i demanded the reimbursment of my amount against two grounds -
a) the CPIO provided uncertified copies.
b) the CPIO provided the copies after expiry of 30 days.

to this the FAA passed a blunt order saying "the documents were provided by the CPIO well with the time limit prescribed in the RTI Act......."

now planning for a second appeal.

[karira]

Originally Posted by prbhat_gen

in one instance the CPIO demanded an amount against providing the (certified) xerox copies of certain documents. the CPIO demanded the amount on the very 29th day. i immediately send the amount to him.

he send the (uncertified) xerox copies on the 57th day of the RTI application. now in my 1st appeal i demanded the reimbursment of my amount against two grounds -
a) the CPIO provided uncertified copies.
b) the CPIO provided the copies after expiry of 30 days.

to this the FAA passed a blunt order saying "the documents were provided by the CPIO well with the time limit prescribed in the RTI Act......."

now planning for a second appeal.

Abhishek,

Check the dates in your case:

1. Date of Application
2. Date on which PIO intimated you for the additional fees
3. Date on which you received the intimation
4. Date on which you made the payment for the additional fees
5. Date on which the PIO actually received those additional fees

Sec 7(3)(a):

a.the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the dispatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

Based on the calculation, you can decide if you have a strong case or not.

[karira]

Rajesh,

Since you are from Haryana, please see The Haryana Panchayati Raj Act, 1994 (Act Number 11 of 1994).

That must be having some provision of the Government inspecting or audting the accounts of the Panchayat.
Please visit : Haryana Panchayat
and also see the Sec 4 suo moto disclosure available at:
Haryana Panchayat

For example, in West Bengal, there is a Inspection Report on the Performance and Accounts of Panchayats, that has to be filled in by the controlling officer:
http://wbprd.gov.in/html/asp/file/PS...tionFormat.doc

Maybe there is something similar in Haryana.

In any case, the accounts you are asking for is definitely in Public Interest - it is public money !

[advocate rajesh]

karira sir.....
Highly obliged for this information, it is very useful for me, I will definitely use it legally and will try my level best to bring out what is going on in panchyats. Thanks

[jps50]

Goyalji, 30 days time for PIO starts ticking from day of receipt of RTI appln. It stops on the day payment intimation is despatched. Ticking restarts from the day PIO receives cash or demand draft/IPO etc and ends on the day papers are desptached to the applicant. If total days of ticking exceeds 30, info is free.

[prbhat_gen]

Originally Posted by karira

Abhishek,

Check the dates in your case:

1. Date of Application
2. Date on which PIO intimated you for the additional fees
3. Date on which you received the intimation
4. Date on which you made the payment for the additional fees
5. Date on which the PIO actually received those additional fees

Sec 7(3)(a):

a.the details of further fees representing the cost of providing the information as determined by him, together with the calculations made to arrive at the amount in accordance with fee prescribed under sub-section (1), requesting him to deposit that fees, and the period intervening between the dispatch of the said intimation and payment of fees shall be excluded for the purpose of calculating the period of thirty days referred to in that sub-section;

Based on the calculation, you can decide if you have a strong case or not.

Actual dates are :

1. Date of Application : 28/05/2008
2. Date on which PIO intimated you for the additional fees : 25/06/2008
3. Date on which you received the intimation : 27/06/2008
4. Date on which you made the payment for the additional fees : 01/07/2008
5. Date on which the PIO actually received those additional fees : 02/07/2008
6. Date on which he supplied it : 16/07/2008
7. Date on which it was received : 18/07/2008

[karira]

The PIO has replied beyond the mandated 30 days as per Sec 7(1) read along with Sec 7(3).

You can file Second Appeal and ask for refund.

In the Second Appeal please also pray for " The PIO and the FAA may be directed by the SIC/CIC under powers vested in Sec 19(8) to compulsarily attend a training course on RTI"