RTI ACT 2005 – CONSIDER IT AS A BLESSING by Praxy Fernandes, Sanquelim

One of the most important legislation passed by Government of India is the RTI Act, 2005. Right to Information Act 2005 in its present has been useful to citizen to a great extent in eliciting information on many aspects of the functioning of the departments as well as corporations. However it is seen that many employees of Goa Government view it as a burden to their otherwise whimsical, lazy and mainly corrupt ways of working. Viewing RTI requests as burden is basically a negative way of thinking as it exposes them on many fronts. Rather the application seeking information under the RTI Act when received should be viewed as a blessing in disguise atleast by the departmental heads in the perspective of improving the working its staff and keeping them on their toes so as to provide improved service to the helpless common man. Citizens are many a time forced to seek information when their works are delayed on flimsy and frivolous grounds or to help prevent corrupt practices. Just to cite one of my experiences – A friend of mine from Salcete was finding it extremely difficult to get his family name included on Form I & XIV through mutation process even though there was a court order and inspite of having greased the palms of the local Talathi. When I made enquiries I found the Talathi was taking my friend for a royal ride for so many months. Subsequently after I myself was forced to make more than 12 visits to the Talathi office I eventually out of sheer frustration submitted a RTI application seeking details of all mutation applications received in the office in the past 6 months alongwith the datewise details of the mutation file movement from Talathi to Circle inspector & back and so forth, etc, etc. Within a week of submission of my RTI application the name of my friends’ family members was included in Form I & XIV and the revised copy of Form I & XIV issued. Ever since I use RTI Act in seeking details which in my opinion are actually aimed at helping Government departments/corporations in checking, collecting past data and processing data for the future use of my fellow Goans, so I hope my applications are well received by the authorities. However I still feel there is lack of application of mind when replies are given by the PIO or even the Appellate Authorities and they don’t seem to realize that such replies expose their working which is very much detrimental to the welfare of our state of Goa. I am reproducing below replies given to my queries by the Office of State Registrar-cum-Head of Notary Services in his capacity as PIO of the department which has till date puzzled me. Puzzled because the State Registrar may feel justified in giving the responses as per the existing duties and obligations of the department but if this is the way a Sub-Registrar office is to function then I think even a peon can perform such duties with aplomb and prove the Sub-Registrar is nothing but a rubber stamp. It shows that only authority matters but sadly responsibilities seem to be lacking or are best avoided: (In the reproduction below ‘R’ stands for the replies provided by the PIO)
1. Is it not the duty and responsibility of the Sub-Registrar to know and check the Nationality and Residential Status of the buyer as well as the seller when registering/certifying a sale deed or any other Notarial document.
R. No. The Sub-Registrar is not supposed to check the Nationality nor the Residential Status of the parties. The parties are bound to give their Nationality and residential Status in the text of the document which the Sub-Registrar has to accept. The Sub-Registrar is neither bound to check the Nationality and Residential Status for registering any Notarial documents also.

2. If the answer to the above is yes then which documents should the Sub-Registrar insist upon check the Nationality and Residential Status of the buyer as well as the seller and is it not the duty and responsibility of the Sub-Registrar to check the veracity of such documents.
R. Not applicant, since the reply to item No 1 above is ‘No’

3. Since 2000 what is the prevailing law/rule and permission required for foreign nationals to purchase properties in Goa. Should the Sub-Registrar not insist on such permissions.
R. Since 2000, FERA was applicable for the foreigners to purchase properties and since 2005 FEMA is applicable for Foreign Nationals to buy properties in Goa. The present Act, does not provide for any permission for foreigners to buy any property in Goa. The Sub-Registrar should not insist for such permission.

4. Can a Sub-registrar claim that he is not aware if the buyer or the seller of property in Goa has given false address or is not an Indian national or is a foreign national.
R. Yes, Because Sub-Registrar has to accept the status as given in the deed.

5. If the buyer or the seller does not disclose his or her nationality or residential status in Goa what action can the Sub-Registrar initiate.
R. The Sub-Registrar will not accept the document for registration if Nationality and Residential Status is not given in the deed.
I am glad the SIC-Goa is doing a commendable job in providing brochure to spread information on the initiative taken by Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions to provide a– RTI Portal Gateway to the citizens for quick search of information on the details of first Appellate Authorities,PIOs etc. amongst others, besides access to RTI related information / disclosures published on the web by various Public Authorities under the government of India as well as the State Governments