Power of ONE!!!

[This is an excellent example of how to leverage RTI and make a difference. I have done it myself but a thrid party story is always a better reference]
[This article was originally published in RTIIndia forum at: http://www.google.com/url?sa=D&q=http://www.rtiindia.org/forum/content/201-one-man-army.html&usg=AFQjCNE2yQS2PZYSpvCAbguBhK5Smjojyw ]
POWER OF ONE
A Director (Class-I), Forest and Environment Department [equivalent to rank of Additional Secretary of Govt. of Gujarat] was promoted through bluntant violation of rules of promotion in the year 2003 on adhoc basis. He continued on this sensitive post till today [15-06-2010].
A vigilant citizen Shri Amit B. Jethwa of Khambha village and president of Gir Nature Youth Club [environment NGO] could not tolerate that an officer not eligible for such an important post relating to environment protection, should continue to it. He filed RTI applications with Govt. of Gujarat and Gujarat Public Service Commission and collected all papers and information relating to his promotion. Based on this, he tried to persuade State Govt. to post an eligible and competent person for protection of environment. He knew that entire belt consisting of Baroda, Ankaleshwar, Vapi is engulfed with dangerous chemical pollution and its disaster would be 100 times worst than that of Bhopal.
Since all Govts. now do not understand language other than that of higher judiciary, Shri Jethwa filed petition No. SCA No. 3949 of 2009 under article 226 for quo-warranto writ, in Hon’ble High Court of Gujarat in June 2009. On 15-06-2010 Hon’ble Court issued writ and ordered State Govt. to remove that officer from the post as his promotion was illegal and against rules. Application by concerned officer to stay operation of this order to enable him to appeal in higher court was also declined by the Hon’ble Court.
Shri Jethwa was also instrumental in posting of two additional Information Commissioners in Mar 2010 at Gujarat Information Commission through writ in High Court. He also compelled State Govt. to include postal order as mode of payment for RTI fees/charges in March 2010 through a writ. He has also filed writ for posting of Lokayukta in Gujarat, as post is vacant since 2003. Prior to filing these writs, he had collected information and papers through RTI and based his writs on it.
This shows what ONE MAN can do through RTI.

Teachers want to beat up students - Which era do we live in?

Recently there were spate of incidents in which some teachers beat up
students badly and in one case very in human manner... In all those
cases the general feeling of the teacher community is that:
(1) It is a discipline
(2) it is done for their own good

There were open remarks by fellow teachers justifying the beating and
they argued that the teacher did it for their own benefit... What a
shame!!

In this country teaching is cosnidered to be a sacred profession and
teachers are supposed to be gurus for guiding the future of future
citizens. Yet here we are where the teachers are justifying their
horible act of violence in the name of discipline. Is beating up the
only way to discipline students?

If beating up someone is the only way of disciplining, then here is
what we (parent) should propose to the teachers community:
1. We parents should beat up the principals for not hiring good
teachers and/or for bad results in public exams
2. We parents should beat up every teacher who is not keeping up to
date with the subject they teach and/or bad at teaching.
3. We should beat up those teachers who couldn't produce better
results.
4. We should beat up those principals and other administrative
officials who couldn't maintain toilets properly
5. We should beat up those teachers who come late for school
6. We should beat up those teachers to whose class no students wants
to attend.
7. We should beat up those teachers who doesn't even know what is 'to
teach someone' means.
8. We should beat up those teachers who don't live up to their civi
responsibilities.
9. .....(list goes on)........

It is a real shame that teachers think that they can discipline
someone by beating them up; especially kids...

To me, 'it is pure illegal act' by mediocre teachers and they must be
jailed for their illegal and vengeful acts.... if we sent few teachers
to jail then everybody else will toe the line..

I know teachers unionize for their financial and other benefits but
when was the last time they stood up for the profession and/or for
students?

<This is just my opinion and I am sure you have one that is better
than mine>

Hats off to Professional Managers - Did you like your managers?

Not sure about you but by the time I was ready to leave the college to
join the professional job market, I was certain (as was many of my
classmates) & absolutely sure that I didn't want to be working for
government or government controlled enterprises. Over the period I
have come to believe that it was one of the best decisions I made in
my life. Over the last almost two decades that I have been associated
with the professional market place, I have worked for many managers
and I have always had excellent relationship with most of them. The
things I liked about my managers are their 'professionalism and
integrity'.

- They never make me feel that I was subordiante to them (in literal
sense)
- They treated me with utmost respect (all good ones!!)
- They gave me lot of personal space and lattitude to try things, play
with ideas..., listening to my views
- They were all men of high integrity
- They never took things personally......
- They never felt intimidated ( yes I can be quite challenging....)
- They usually love challenges and mutual feedback and reinforcement
of ideas....
- They challenged me a lot... I love being challenged and you want a
manager who is willing to take the challenge as well... I have been
very lucky....
- They have always been black and white with me..... straight..... no
skirting around....no politics ever!!
- They were very clear in what they want from me!

and the list goes on...
All in all I have been one of the luckiest... I can't imagine a
similar experience in a government or govt related jobs... I beleive
these are the reasons that the professional market place attracts the
best of the work force that others can't..

So, hats off to all professional managers...

What about you? Share your good experiences with your managers (forget
about the bad lemons and cherish the good ones). I am sure the
professional managers would love to hear the same...

ONE THING WE CAN DO TO MAKE RTI TO LIVE UP TO ITS POTENTIAL

Folks,

As you know, S.19(8) and S.20 of RTI Act will ensure that no PIO will
dare to mess with your RTI request. Per my experience over the last 3+
years the PIOs deny information only because there is no consequence
to their denial. The SICs/CICs have been consistently not applying
these two sections and thus encouraging the PIOs tacitly not to
provide the information. One need not go to 2nd appeal unless there is
substantial disagreement in the interpretation of the RTI Act. All
denials/delays without a just and valid cause by the PIOs must be
punished; which will guarantee information to every RTI Requests....
IT IS MY STORNG BELIEF.....

So, over the last few years I have gathered enough evidence that the
SICs have not been applying S.19(8) and S.20 of RTI Act , not
documenting any justification for the denial or delay either and in
most case they never send a final order disposing of the 2nd appeal.
They just send a notification to the PIO urging them to provide the
information. I beleive the SICs/CICs are provided with more powerful
weapons in RTI Act that they are not using because most of them are
from the civil administration and have no judicial background... they
are still acting like bureaucrats...

Anyways, I have decided (as indicated few months ago) to approach a
High Court to get a direction on this and force the SICs/CICs to
comply with these sections consistently and document the justification
in detail for not invoking these sections. I STRONGLY BELIEVE THAT
THIS WILL SET ALL PIOs RIGHT!!!

Please find the draft that I have given to a lawyer for massaging and
filing and have sent them all the documents I have in support of the
same in the files section of this forum (SIC DRAFT AFFIDAVIT 1.0.doc).

If you are someone who is as passionate as me then you are encouoraged
to read the draft and see if you are willing to contribute. I am
looking for cost sharing from like minded people (whatever you can...
It is costing me Rs. 15,000 minimum as per my lawyer's quote and I
have already paid him Rs.10,000 as advance). If you are willing to be
part of this fight then please send me a note and I shall give you the
bank details for you to deposit... Let us put some money where our
mouth is... it is for a great cause...

Looking forward to your appreciation and help!!

Thanks

Raj

Are You (Pvt Professional Employees) a 3rd Class Citizen?

Article 14 {Equality before law} of Constitution of India reads as
under:
The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.

A plain reading of Article 14 of Indian Constitution makes it obvious
that the state must provide equal protection to all within the
territory of India; and all within the territory of India must be
treated equally before the law.

BUT:
Employees of Government as well as employees in public sector and
sectors governed by government bodies (such as banks) are protected
under Article 311 against worngful and unfair termination. They have
special tribunals for fastrack remedy. They can approach the High
Courts directly for immediate relief as well. Acts such as, Trade
Union Act 1926 , The Industrial Disputes Act 1947, The Contract Labour
(Prohibition and Regulation) Act and so on... also takes care of
'workers' in private organized and unorganized sectors.

WHILE:
The educated crowd (white collar) slogging in private companies of all
kinds have no support from the law or the government. There are about
3 million such people in IT & BPO and perhaps an equal or more in
other private industries who are not governed by any special act and
nor by the constitution. So, here we are where anywhere between 5 to
10 million comprising of general graduates, engineers, doctors etc
working in private industry, who are expected to put more than 8 hours
by default, at work timings demanded by the companies, expected to
perform or perish, no job guarantee and purely driven by market forces
and whimsies of private companies' managment have ABSOLUTELY NO
PROTECTION OF LAWS OR OF STATE!!!!!!!!!!!.

The first group of employees are so protected that you can't terminate
them even for a just cause (say for lack of performance or financial
misappropriation etc.).. It is literally difficult and there is
absolutely no way they can be fired or disciplined in whimsical
manner.... Whereas in private companies, one can be fired for no
reasons.... as simple as your manager not liking you for personal
reasons or that he wants to hire someone else in place of you.... or
your HR manager happened to be a dumb...

IS THIS NOT A VIOLATION OF ARTICLE 14? IF NOT WHY NOT?

I am not saying that we should be covered under a union or that we
shouldn't be challenged with performance and quality of work, which
are the jewels of private professional employment that attracts good
talents into the private companies. But, there has got to be a
protection against the whimsical act of managers, managements and HR
folks; who are abusing their authorities by unfair and illegitimate
acts because they think they can do whatever they like...It is sad
that they don't realize that they themsleves are employees and may be
subjected to such acts by others someday...

If you or someone else had any such bad experiences or were penalized
for unjust cause then write to me please... I am going thru a fight
myself which I will be chronicling very soon in this forum... stay
tuned....

Noise Pollution (Reg and Control) Rules, 2000 + Links

MINISTRY OF ENVIRONMENT AND FORESTSNOTIFICATIONNew Delhi, the 14 February, 2000
S.O. 123(E).- Whereas the increasing ambient noise levels in public places from various sources, inter-alia, industrial activity, construction activity, generator sets, loud speakers, public address systems, music systems, vehicular horns and other mechanical devices have deleterious effects on human health and the psychological well being of the people, it is considered necessary to regulate and control noise producing and generating sources with the objective of maintaining the ambient air quality standards in respect of noise;
Whereas a draft of Noise Pollution (Control and Regulation) Rules, 1999 was published under the notification of the Government of India in the Ministry of Environment and Forests vide number S.O. 528 (E) dated the 2e June, 1999 inviting objections and suggestions from all the persons likely to be affected thereby, before the expiry of the period of sixty days from the date on which the copies of the Gazette containing the said notification are made available to the public-,
And whereas copies of the said Gazette were made available to the public on the I" day of July, 1999.
And whereas the objections and suggestions received from the public in respect of the said draft rules have been duly considered by the Central Government-,
Now, therefore, in exercise of the powers conferred by clause (ii) of sub-section (2) of section 3, sub-section (1) and clause (b) of sub-section (2) of section 6 and section 25 of the Environment (Protection) Act, 1986 (29 of 1986) read with rule 5 of the Environment (Protection) Rules, 1986, the Central Government hereby makes the following rules for the regulation and control of noise producing and generating sources, namely:
The Noise Pollution (Regulation and Control) Rules, 2000
1 Short-title and commencement.
(1) These rules may be called the-Noise Pollution (Regulation and Control) Rules, 2000.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,
(a) "Act" means the Environment (Protection) Act, 1986 (29 of 1986);
(b) "area/zone" means all areas which fall in either of the four categories given in the Schedule annexed to these rules;
(c) "authority" means any authority or officer authorised by the Central Government, or as the case may be, the State Government in accordance with the laws in force and includes a District Magistrate, Police Commissioner, or any other officer designated for the maintenance of the ambient air quality standards in respect of noise under any law for the time being in force;
(d) "person" in relation to any factory or premises means a person or occupier or his agent, who has control over the affairs of the factory or premises;
(e) "State Government" in relation to a Union territory means the Administrator thereof appointed under article 239 of the Constitution.
3. Ambient air guality standards in respect of noise for different areas/zones.
(1) The ambient air quality standards in respect of noise for different areas/zones shall be such as specified in the Schedule annexed to these rules.
(2) The State Government may categorize the areas into industrial, commercial, residential or silence areas/zones for the purpose of implementation of noise standards for different areas.
(3) The State Government shall take measures for abatement of noise including noise emanating from vehicular movements and ensure that the existing noise levels do not exceed the ambient air quality standards specified under these rules.
(4) All development authorities, local bodies and other concerned authorities while planning developmental activity or carrying out functions relating to town and country planning shall take into consideration all aspects of noise pollution as a parameter of quality of life to avoid noise menace and to achieve the objective of maintaining the ambient air quality standards in respect of noise.
(5) An area comprising not less than 100 metres around hospitals, educational institutions and courts may be declared as silence area/zone for the purpose of these rules.
4. Responsibility as to enforcement of noise pollution control measures.
(1) The noise levels in any area/zone shall not exceed the ambient air quality standards in respect of noise as specified in the Schedule.
(2) The authority shall be responsible for the enforcement of noise pollution control measures and the due compliance of the ambient air quality standards in respect of noise.
5. Restrictions on the use of loud speakers/public address s1stem.
(1) A loud speaker or a public address system shall not be used except after obtaining written permission from the authority.
(2) A loud speaker or a public address system shall not be used at night (between 10.00 p.m. to 6.00 a.m.) except in closed premises for communication within, e.g. auditoria, conference rooms, community halls and banquet halls.
6. Consequences of any violation in silence zone/area.
Whoever, in any place covered under the silence zone/area commits any of the following offence, he shall be liable for penalty under the provisions of the Act:
(i) whoever, plays any music or uses any sound amplifiers,
(ii) whoever, beats a drum or tom-tom or blows a horn either musical or pressure, or trumpet or beats or sounds any instrument, or
(iii) whoever, exhibits any mimetic, musical or other performances of a nature to 44raq crowds.
7. Complaints to be made to the authority.
(1) A person may, if the noise level exceeds the ambient noise standards by 10 dB(A) or more given in the corresponding columns against any area/zone, make a complaint to the authority.
(2) The authority shall act on the complaint and take action against the violator in accordance with the provisions of these rules and any other law in force.
8. Power to vrohibit etc. continuance of music sound or noise.
(1) If the authority is satisfied from the report of an officer incharge of a police station or other information received by him that it is necessary to do so in order to prevent annoyance, disturbance, discomfort or injury or risk of annoyance, disturbance, discomfort or injury to the public or to any person who dwell or occupy property on the vicinity, he may, by a written order issue such directions as he may consider necessary to any person for preventing, prohibiting, controlling or regulating:
(a) the incidence or continuance in or upon any premises of -
(i) any vocal or instrumental music,
(ii) sounds caused by playing, beating, clashing, blowing or use in any manner whatsoever of any instrument including loudspeakers, public address systems, appliance or apparatus or contrivance which is capable of producing or re-producing sound, or
(b) the carrying on in or upon, any premises of any trade, avocation or operation or process resulting in or attended with noise.
(2) The authority empowered under sub-rule (1) may, either on its own motion, or on the application of any person aggrieved by an order made under sub-rule (1), either rescind, modify or alter any such order:
Provided that before any such application is disposed of, the said authority shall afford to the applicant an opportunity of appearing before it either in person or by a person representing him and showing cause against the order and shall, if it rejects any such application either wholly or in part, record its reasons for such rejection.
SCHEDULE(see rule 3(l) and 4(l)
Ambient Air Quality Standards in respect of Noise
Area Code
Category of Area/Zone
Limits in dB(A) Leq *
Day Time
NightTime
(A)
Industrial area
75
70
(B)
Commercial area
65
55
(C)
Residential area
55
45
(D)
Silence Zone
50
40
Note
1. Day time shall mean from 6.00 a.m. to 10.00 p.m.
2. Night time shall mean from 10.00 p.m. to 6.00 a.m.
3. Silence zone is defined as an area comprising not less than 100 metres around hospitals, educational institutions and courts. The silence zones are zones which are declared as such by the competent authority.
4. Mixed categories of areas may be declared as one of the four above mentioned categories by the competent authority.
*dB(A) Leq denotes the time weighted average of the level of sound in decibels on scale A which is relatable to human hearing.
A "decibel" is a unit in which noise is measured.
"A", in dB(A) Leq, denotes the frequency weighting in the measurement of noise and corresponds to frequency response characteristics of the human ear.
Leq : It is an energy mean of the noise level, over a specified period.
[F. No. Q-14012/l/96-CPA]VIJAI SHARMA, R. Secy.

SEE MY COMMENTS BELOW FOR ADDITIONAL LINKS

THE MORE U KNOW -- DEALING WITH POLICE DEPT

Hello,
Thanks for your interest in this topic and I hope this is useful to you and I welcome share your thoughts and experiences here as well....

Up until two years ago, I have never stepped into a police station as such dealing with any specific issues BUT I had an idea as to how bad it is....

I moved to Hyderabad in early 2006 and picked up Prashasan Nagar Jubilee Hills hoping that would be a quiet and calm neighbourhood... few weeks after moving, I realized that I couldn't have picked up a worst place for the money than Prashasan Nagar.... contruction activities in few plots around the neighbourhood makes it lively and it was like living next to a 24x7 factory!! On top of that my next door neighbour happen to have a dog that barks ONLY in the night and their helps (maids, driver etc) live in the basement and don't sleep in the night (we live in the ground floor next door!)..... My other neighour is a BPO company with @50 people working in the nights and you know what happens when they step out for a break or a smoke or finishing up their work in the wee hours of the night!!! In addition they had 4 industrial strength AC units that made hell lot of noise in the night and also was throwing LOT of HOT air into my House!! We couldn't play or take some fresh air outside my home (within our plot)...

As you can imagine... I was faced with trouble all around...not one, not two but many issues involving several entities....mostly rich and powerful people....my neighbour happen to be a DIG and he was part of the problem as well!!

I didn't give up... I took one by one and solved them systematically.... today, you cannot run a construction activity after 6 PM without my permission in and around my house (@300+M)!!! So, you could say that I have succeeded in my attempts!! How did I do that? Not that fast!!!

I will be posting each of these issues in detail along with the experiences!!! Watch out for my posts against this topic!!!
Thanks
Raj