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13/10/2010

Sub: Appeal to appellate authority based on the RTI reply from Mayyanad Grama Panchayat We believe we have been denied information on majority of questions which has been sought from the Secretary, Mayyanad Grama panchayat. Against the question which has been asked we are inputting our needs & answers for your perusal & due consideration. Please see below against Janasakthi.Also we requested information in electronic form as per the below mentioned clauses of the act. I trust that was not the essence of the reply, request that full compliance has to be met. We would be happy to receive all such documents in electronic form where ever possible. Grama panchayat secretary’s reply is also attached here with.

Section 2i(d): any other material produced by a computer or any other device;

Section 2j(iv), obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any other device;

Section 2(f): “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;

Section 2(J) (iii) taking certified samples of material;

1. What are the obligation/duties of the Gram Panchayat with respect to waste management in the Panchayat as per Panchayat Raj act?

Janasakthi> Basic information is not provided by the Secretary, hence we believe it is a violation of RTI act 2005. We are not supposed to probe into the details of each section.

2.  Also do provide a copy of relevant act/Government Order mentioned in point 1

Janasakthi> No Comments, we are prepared to remit the fees for the information.

3. Provide an approved budget of the Panchayat for the year 2011-12. Also what is the provision for solid waste management?

Janasakthi> No Comments, we are prepared to remit the fees for the information.

4. What is the amount and schemes provided for house hold waste management in the last 5 financial years?

Janasakthi> We believe that the Secretary is evading the answer. We understand that Suchitwa Mission, Communication and Capacity Development Unit (CCDU) have been set up under LSG Department for implementing sanitation development projects in Kerala. Is it true that Mayyand Panchayat did not receive funds from the above units in the last 5 (five) years? This is to conform that Secretary has violated RTI act 2005.

5. Does this year’s budget have any waste management strategies or plans?

Janasakthi> Incomplete replay, vital questions such as plan, programs, projects, allotment and expenditure have not been answered  Hence it’s a violation of RTI act 2005.

6. Describe how the waste is collected in each wards of the Panchayat today.

Janasakth> Question is not answered. Hence it’s a violation of RTI act 2005. Moreover it seems that Panchayat council has not taken any earnest effort to fulfill the constitutional obligation to find a suitable place for waste disposal.

7. How is the collected waste processed and what is done with its by-products inclusive of all types of wastes (e-waste, slaughter waste, industrial waste, household waste…etc).

Janasakthi > Specified requested information has not been answered. Hence it’s a violation of RTI act 2005. Secretary’s answer to the question is misleading.

8. What is the total quantity of waste generated in the Panchayat on the DPC approved perspective plans?

Janasakthi > Information is not provided. Hence it’s a violation of RTI act 2005. With the inception of ‘People’s Planning’ in Kerala requested information is readily available in Panchayat Vikasanarakha (development report) prepared during Janakeeyasuthranam.

9. Is there a proper waste management Plan in the Panchayat ?

Janasakthi>No comments.

10. If the answer is no what is the reason preventing such a plan from being formed.

Janasakthi>  Insufficient replay, Hence it’s a violation of RTI act 2005. Moreover Secretary Grama Panchayat has not complied Panchayat raj act Sec 219 F (i). It is dereliction of duty on the part of the Secretary.

11. Does the Panchayat plan to have a waste processing plant.

Janasakthi >  No comments.

12.  How many cases have been registered for penalizing individuals or firms with respect to violation of sanitation rules?

Janasakthi >  No comments.

13. With respect to 12 list the name and address of the offenders, also state whether the matter has been discussed in any of the Panchayat committee meetings, if so provide the meeting minutes of that meeting.

Janasakthi >  No comments.

14. Why is the Panchayat not monitoring or penalizing offenders who dump wastes along the roads & fields as well as private individual lands?

Janasakthi > Not an appropriate answer. Action taken by the Panchanyat samathi to curtail dumping of waste during night time should mention in the answer.

15. Whether Panchayat has received any amount from district sanitation cell for IEC activities. If so name the projects/schemes, allocation & expenditure for the last 5 years.

Janasakthi >  insufficient information, Hence it’s a violation of RTI act 2005.

16. What is the role of CDS & ADS with respect to waste management of the Panchayat?

Janasakthi > Information not provided, Hence it’s a violation of RTI act 2005. We are not supposed to probe into the details of each section.

17.What are the actions taken by the Panchayat to prevent open defecation along the water fronts/lakes in the Panchayat especially where the migrated laborers reside.

Janasakthi > Information not provided, Hence it’s a violation of RTI act 2005. Information on residing places of migrant laborers (wards and locations) are not mentioned in the answer.

18. How many public latrines/urinals have been constructed to date & locations in each ward.

Janasakthi > Answer is insufficient. , Hence it’s a violation of RTI act 2005.

 

 

 

 

 

 

 

 

 

 

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