Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

Rule for disciplinary action against officers of Municipal Corporation & Zilla Parishad

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The people are aware about the traditional ignorance of the education officers related to the Municipal Corporations and Zilla Parishad to implement various statutory provisions under The Right of Children to Free and Compulsory Education Act 2009 (RTE Act 2009).  However people fail to get justice or teach a permanent lesson to such errant officers  for want of ignorance of existing rules and regulations.

One of such rules to check the inefficiency of the education officers related to Municipal Corporations and Zilla Parishad has already been enacted in state of Maharashtra in the year March 2015 itself. The rule above mentioned clearly makes a provision that the final report about the irregularities and and non performance of statutory duties by the officers of the Municipal Corporations and Zilla Parishad must be filed before the state government within 2 months.

Not only the March 2015 rule above mentioned makes it mandatory that the final report about the non performance of official duties by the officers of the Zilla Parishad and Municipal Corporation should be submitted to the state government within 2 months but also it makes provision that if the concerned competent authority fails to to submit the report as per the provisions of rules above mentioned, they shall be held responsible for all the consequences arising out of any future legal proceedings too.

Also if people act as per the provisions under the rules of March 2015 above mentioned and take cautious approach, then they can get the final report for the appropriate action against the misconduct or non performance of the statutory binding duties of the concerned Municipal Corporation as well as Zilla Parishad officer within 2 months only.
The Marathi (English not available) copy of the 7th March 2015 rules above mentioned can be viewed and downloaded through the link given below-
Rule Related to Disciplinary Action Against Officers of Municipal Corporation & Zilla Parishad Dtd.07.03.2015

The salient features of the rules of the School Education and Sports Department of State of Maharashtra Dtd.07.03.2015 are as follows-
1)
Generally in state of Maharashtra the action against the public servant is taken under The Maharashtra Civil Services (Discipline and Appeal) Rules 1979.  However the above mentioned rule has been enacted to expedite inquiry as well as action against the guilty public officers of the Municipal Corporation & Zilla Parishad who fail to discharge their duties under the Right of children to Free and Compulsory Education Act 2009 (RTE Act 2009).

2) The rule declares the local authorities as a competent authority and if the competent authority gets the permission from the Education Commissioner of State of Maharashtra, then the local authority can forward the final report to the Education Commissioner for appropriate legal action against the guilty officer.

3) The important part of this rule is that the competent authority which decides to take appropriate disciplinary action against the concerned public officer has to submit the proposal to the education commissioner of state of Maharashtra under ‘List A’ and and if the same proposal is accepted by the Education Commissioner of State of Maharashtra, then the competent authority has to submit the Final Report of the misconduct and illegality committed by the concerned officer within 2 months.

4) Most important part many readers must have understood after reading the rules above mentioned is that in most of the cases the senior officers only issue the show Cause Notice to the officers against whom the citizens make complaint with relevant evidences, however as per the rules of 2015 above mentioned the competent authority has to take the permission of the Education Commissioner of the State of Maharashtra first and also submit the report not under the general format but under the ‘Lists A & B’ subsequently as explained in the rules above mentioned

5) The general people hence must keep this fact in their mind very clear that-
If the steps of permission for disciplinary action from the Education Commissioner of State of Maharashtra & subsequently the report under ‘List A’ is not submitted by the competent authority to the Education Commissioner of State of Maharashtra then there shall not be initiation of any disciplinary action against the concerned officer against whom such a complaint has been made and inquiry is conducted respectively.
In such circumstances the concerned competent authority or the department shall be held responsible for all the legal consequences for not submitting the report related to the misconduct or the illegality committed by the concerned education officer as per the Lists A & B with prior permission.

6) Education Commissioner after receipt of final report against the concerned officer by the competent authority under ‘Lists A & B’ for the initiation of disciplinary action, if required, shall make necessary changes within 10 days and submit the final proposal for the appropriate action to the state government.

7) The ‘Class A’ and ‘Class B’ officers have also been declared competent to take the action against the ‘Class C’ and ‘Class D’ officers provided that they get the the necessary permission from their senior competent authorities.

In nutshell, the common people should insist on forwarding the proposal to the Education Commissioner of State of Maharashtra mentioned under ‘Lists A & B’ under the rule of 7th March 2015 above mentioned and they should oppose merely issuance of general notice by the senior officers to their subordinate officers for their misconduct,  because the rules above mentioned clearly state that if the the reports are not sent under Lists A &B with prior permission of Commissioner of Education, then no action shall be taken against the officer against whom the citizen has made the complaint.

If the competent authorities do not pay attention to the demand of the common people to to forward the report under Lists A & B of the rules above mentioned, then the people should not waste anytime thereafter and immediately file a complaint before the courts or commissions like Maharashtra State Commission for Protection of Child Rights (MSCPCR), Lokayukt,  Human Rights Commission etc.

We have published the articles for the common people who for inevitable reasons cannot hire the lawyers and want to fight in person before various courts and commissions. The link of the article is as follows-
How to File Complaint at Authorities, Courts & Commissions Without Lawyer
We have also published single page where all the important links of articles related to legal awareness for common people are posted time to time as follows-
English Legal Awareness Articles For Common Man against Corrupt System

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft

2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

 

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Haryana State Police Complaints Authority- Powers, Functions & Address

Haryana State Police Complaints Authority- Powers, Functions & Address

The organization has already published an article wherein the details of the Supreme Court of India’s judgement has been given which makes mandatory to every Indian central & state government to establish State Police Complaints Authority (SPCA) at the state & also at the district levels too.

The judgement of the Supreme Court of India above mentioned was declared under Article 32 of the Constitution of India read with Article 142 of the Constitution which issued 7 directions to achieve the complete justice against police brutality and corruption. The Supreme Court of India also mentioned that such directions are further mandatory under Article 144 of the Constitution of India over all the authorities of the country.
The link of the detailed article above mentioned is as follows-
Police Complaints Authority- Legal Remedy Against Corrupt & Inefficient Police

Accordingly many states have established such Police Complaints Authority (SPCA) at state as well as Divisional Police Complaints Authority at district levels. The organization recently received query from few people of Haryana to provide the information of the formation of such Police Complaints Authority at the state level.

The details of the Haryana State Police Complaints Authority (as taken from their official website) are as follows-
Formation-
The State Police Complaint Authority (SPCA) , Haryana was constituted on 16.08.2010 by the State Government under the Haryana Police Act, 2007.

Powers & Functions-
As per section 65 of the Haryana Police Act, (1) the authority shall enquire into the allegations of “Serious Misconduct” against Police Personnel. Either Suo-moto or on a complaint received from any of the following: –
(i) Victim or any person on his behalf on a sworn affidavit.
(ii) The National or State Human Rights Commission.

The Authority while conducting inquiry of the cases shall have all the powers of a Civil Court trying a suit under the Code of Civil Procedure, 1908 (Act 5 of 1908) and in particular in respect of the following matters: –
Summoning and enforcing the attendance of witnesses and examining them on oath,
Discover and production of any document,
Receiving evidence on affidavits,
Requisitioning any public record or copy thereof from any court or office,
Issuing authorities for the examination of witnesses or documents,
Any other matter as may be prescribed.

The Authority after completion of the inquiry will communicate his findings and submit a report to the State Government and the Government shall consider the findings and recommendations of the Authority and take appropriate action.

Facility for Online Complaint-
For the convenience of the complainants Electronic Complaint can also be entertained and the complaint can be sent at spca.haryana@nic.in subject to the sending of supporting affidavit as given as FORM-II alongwith ID and residential proof duly attested by the Gazetted Officer/notary public within a week’s time from the date of sending the complaint; so that anonymous complaints are not generated.

The Complainant can send his/her complaint in the following format which is given as FORM – I and the complaint must be supported by an affidavit in the following format as given as Form-II.
Form-I
Form-II

Address of the Haryana Police Complaints Authority-
State Police Complaint Authority (SPCA), Haryana
OLD PWD (B&R) Building
Sector 19-B, Chandigarh
Office Hours: 09:00 AM to 5:00 PM on all working days (as per Haryana Govt. Calender)
Phone/Fax No: 0172 – 2772244
For Complaints:
Email to: spca.haryana@nic.in
For Opinion: –
Email to: spcaopinion@gmail.com
English Website-http://spcahry.nic.in/english/index.html
Hindi Website-http://spcahry.nic.in/hindi/index.html

Now the most important question arising into the minds of common people who for some inevitable reasons cannot hire lawyer or even otherwise do not know how to file the complaint before such authorities in person, we have published another article for such people as follows-
How to File Complaint at Authorities, Courts & Commissions Without Lawyer

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

 

How To File Online RTI Application & First Appeal at State of Maharashtra

How To File Online RTI Application & First Appeal at State of Maharashtra

Many people find it difficult to submit an RTI application under the The Right to Information Act 2005 at various government offices physically owing to their busy schedule or other inevitable reasons. Not only urban people find it difficult to pursue the technical formalities but also the people at large at rural levels are also affected as the First Appellate Authority or even the offices of the Public Information Officers are located at Taluka or even district levels. However using the online portal of State of Maharashtra people can file RTI application online & even the first appeal also.

Many people waste their energy on social media for political debates or arguments, however using this online portal people can ask information related to implementation of the schemes for women and children, illegalities & unjust activities faced by them & most importantly about their grievances made to the public authorities time to time simply sitting at home.

The organization makes an appeal to people to file RTI applications for the action taken against the corruption related news published in reputed newspapers. We believe it is the most effective strategy against the corruption as the government fears the rejection of the information would lead the concerned media agency to further pursue the matter with people’s actual participation.

As above mentioned, the people of Maharashtra can file the online RTI applications under the Right to Information Act 2005 by visiting the following website-
https://rtionline.maharashtra.gov.in/index-e.php
After clicking the above mentioned link the following website homepage shall be opened-

How To File Online RTI Application & First Appeal at State of Maharashtra
How To File Online RTI Application & First Appeal at State of Maharashtra

After opening of the page above displayed, click on ‘Submit Request’ (Red Highlighted Circle) button for filing an RTI application. Thereafter following page shall be displayed-

How To File Online RTI Application & First Appeal at State of Maharashtra
How To File Online RTI Application & First Appeal at State of Maharashtra

As above displayed it would display the complete procedure & guidelines to file an RTI Application, at the bottom of the page after checking the tick mark option ‘I have read and understood the above guidelines’ & clicking the ‘Submit’ button thereafter the form to submit an RTI application shall be opened.

The applicant has to enter the details like, name, address with pin code, educational qualification, landline or mobile number, nationality, whether applicant is below poverty line (BPL) or not etc. The applicant if seeks the information based upon any document or complaint, he can upload the scanned file of the same with up to maximum size of 1MB in (PDF format only).

After filling all the necessary information, the applicant shall be taken to the payment page where he can pay the requisite fees & submit his RTI application. The applicant shall also receive the acknowledgement on their mobile number, email address in addition to PDF acknowledgement if the applicant desires so.

We make clear that we are aware of the act that the state government has deliberately with malafide intentions has not provided the sufficient resources & manpower to such information commissions so that the people get frustrated with usual delays which takes place till the final hearing.  However if people use such online portals which saves their two major important steps, may result in infliction of fine of Rs.25000/- upon the errant officer and also can help the people belonging to rural area.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills

The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills

The organization has recently come to known  the incidents in the state of Maharashtra where many people were served with wrong and excessive electricity bills. Shockingly, in most of the cases the electricity bills were many times higher than their regular electricity bills. The employees of the electricity companies literally threatened the consumers to pay the electricity bill immediately & warned them about the dire consequences of cutting the electricity supply in case of failure of payment. 

Shockingly in some cases aggrieved people paid such excessive and wrong bill amount to the electricity company for want of knowledge of any legal remedy or supportive approach from the concerned electricity company whether belonging to government or private organizations. Hence we have decided to publish this article which provides an effective remedy against the wrong and excessive electricity bills under The Electricity Act 2003.

The organization has already published an article about consumer’s right to get 15 days clear written notice before the disconnection of their electricity connection in spite of the fact that they might not have paid the electricity bill on due date. The link of the article above mentioned is as follows-
The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity


The Electricity Act 2003 which is applicable all over the India deals with many aspects related to production & distribution of the electricity throughout the country and also about the consumer rights including of suppliers belonging to private as well as public sectors. The copy of the Electricity Act 2003 can be viewed and downloaded through the following link-
The Electricity Act 2003

The S.56 of the Electricity Act 2003 along with many other consumer rights, deals with the issue of wrong & excessive electricity bills in form of disputed amount. The reference to the Section 56 of  the Electricity Act 2003 is made as follows-

The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills

The plain reading of the Section 56 of the Electricity Act 2003 itself makes clear that any electric supplier distributor cannot disconnect the electricity connection of the consumer without serving a clear written 15 days’ prior notice before the disconnection even if the consumer has committed the default of payment.

Also if the consumer disputed the electricity bill for wrong or excessive reason, he has two options, first is to pay the disputed electricity bill totally under protest and challenge it subsequently before competent authority & secondly, if he doesn’t wish to pay the total disputed amount, he has further been given the right to pay the preceding or previous 6 months’ average bill amount under protest which shall entitle him to continue to receive the electricity supply & service continuously and the electricity supplier shall not be allowed to disconnect his electricity connection until the disputed amount is adjudicated finally by competent authority.

In brief the position of the law is that, if the consumer disputes electricity bill as a wrong and excessive then he has right to pay the previous or preceding 6 months’ average bill amount of the electricity bills under protest and to challenge the disputed amount thereafter before the competent authority.

We appeal the people not to get frightened after receipt of wrong and excessive bills and instead of worrying about the consequences, to fight for the truth and teach a permanent lesson to the errant electricity provider whether it belongs to private or public sector.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address

Women are given Free Legal Aid by Commission, Free Legal Aid centers are opened at every district level, around 298 are already operative in State of Maharashtra.

While the International Women’s Day (IWD) is being celebrated on March 8 globally & various articles about the women rights have been published, in the absence of any knowledge about the remedial measures and information about the powerful organizations where women can seek the justice for their statutory and fundamental rights we thought mere awareness about their rights shall be meaningless. Hence we decided to publish the article about Maharashtra State Commission for Women, its  complaint mechanism, powers, address & contact details.

Establishment & Objectives-
The Maharashtra State Commission for Women is a statutory body, which was constituted under Maharashtra State Commission for Women Act 1993. Some of the key objectives of the Commission are:
1) Improving the status and dignity of women in the society,
2) Investigate into practices derogatory to women and suggest suitable remedial measures,
3) Effectively monitor implementation of laws affecting women,
4) Advise the Government on all matters related to the improvement and upliftment of the status and dignity of women in society,
5) Provide Counseling and Free of Cost Legal Advice to needy women.
The copy of the Maharashtra State Commission for Women Act 1993 can be viewed and downloaded as follows-
Maharashtra State Commission for Women Act 1993


Powers of the Commission-
As mentioned in their official website-
The commission is a statutory body vested with powers as applicable to the Civil Court in respect of requisitioning of any public record from any Court or office, issuing orders for the examination of witnesses and documents to enforce the attendance of a person to give witnesses and before the Commission for holding an enquiry in any matter, to appoint any officer of the State or Central Government for holding a enquiry into any question related to women rights’.


Nature of Cognizance of Complaints-
A number of cases pertaining to-
Matrimonial matters,
Property matters,
Dowry harassment,
Dowry deaths,
Rape,
Sexual harassment at workplace, etc. are being recorded at the commission’s office.

Important Aspects of Complaint Mechanism-
1) Free Legal Aid Center (Most Important)-
As mentioned in their official website- ‘In order, to handle cases pertaining to atrocities against woman, the Commission endeavors to offer counseling services to needy woman prior to the commencement of any litigation. For this purpose, a Counseling and Free Legal Aid Center has been established in the Commission’s premises at Mumbai on 18th March 1995. The counselors of the cell analyses the problem of the woman complainant and decide on the course of action. Under section 12(2) of the Maharashtra State Commission for Women Act 1993.’
2) Counselling Cells & Free Legal Aid Services at Zilla Parishad & Municipal Corporations-
In order to reach the woman in distress at district and block places, the Commission has set up counseling cells and free legal aids services to needy woman; throughout the Zilla Parishad, Municipal Councils and Corporations. These cells are run by local NGOs recognized by the State Commission, currently there are 298 such counseling centers in the State of Maharashtra.
3)
The Commission has been vested with powers to direct the officers or agencies to investigate the matter and also has further been empowered to check the correctness of the facts put before by such officers & agencies.

Filing Online Complaint/Grievance-
The Maharashtra State Commission for Women has also provided the facility of filing the online complaint through its online portal page, the link of the same is given as follows-
First visit on official website of the commission by clicking on – http://mscw.org.in after opening the home page, click on Registration button & thereafter on ‘Complaint Registration’. Fill the form details and your online complaint would be registered.

Address & Contact Details of the Commission-
As mentioned in their official website, Maharashtra State Commission for Woman, the address of the commission is as follows-
Maharashtra State Commission for Women
Gruhnirman Bhavan, Mezanin Floor,
Gandhi Nagar, Bandra East, Mumbai,
Maharashtra 400051
Contact –
(022) 26592707
Helpline No.-
07477722424
Official Facebook Page-Maharashtra Rajya Mahila Ayog
Google Map-Google Map Link- MSCW
Website-http://mscw.org.in

All the information above mentioned is also available on their website. As the free legal aid is provided at the pre litigation stage, the aggrieved or victim women are not only explained about their rights and the consequences of the litigation but also are provided with mental support and appropriate counselling is done by the commission also.

We have observed that the many commissions are not adjudicating the matters filed before them speedily for the willful conspiracy of the state government by not providing them necessary infrastructure, resources & manpower. Yet we recommend filing such complaints before either courts or commissions as the fear of not getting justice from system has resulted into complete injustice.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai

Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai.

The organization has already published a detailed article about how after the historic intervention of the Supreme Court of India in the year 2006, all the central as well as state governments were directed to establish the Police Complaints Authority at the district as well as state levels under the chairmanship of the retired district and high court judges respectively.

The link of the article above mentioned is as follows-
Police Complaints Authority- Legal Remedy Against Corrupt & Inefficient Police
Further we have also published the article for the common people to how to file a case in person or without lawyer for inevitable reasons as follows-
How to File Case Without Lawyer or In Person with Sample Draft

As explained in the detailed article above mentioned the failure to comply the direction of the Supreme Court of India of not setting up the Police Complaints Authority is to be construed as the contempt of the court. The State of Maharashtra fearing the contempt proceedings in one of the contempt petition established the Police Complaints Authority at the state level and few other districts of the state. However the it has not established the Police Complaints Authority in other districts yet.

We appeal the people of the state to file complaints and ask the local MLA’s for the failure of the state government in this regard. The organization is also preparing its legal strategy against the willful inactiveness of the state government.

However in the view of the facts above mentioned, we are publishing the present addresses of the Police Complaints Authorities in the State of Maharashtra. We thank Mr.Prasad Tulaskar, social activist from Mumbai for providing us this information.

Address of Police Complaints Authorities- (State of Maharashtra)-

1) Maharashtra State Police Complaints Authority-
Address-
4th Floor, Cooperage Telephone Exchange,
Maharshee Karve Road, Nariman Point, Mumbai- 40021
Email-mahaspca@gmail.com

2) Divisional Police Complaints Authority, Pune Division
Address-
1 St Floor, Anant Heights, Jadhav Nagar,
Next to Nanded City, S.No- 29/219
Sinhagad Road, Pune-411068

3) Divisional Police Complaints Authority, Konkan Division
Address-
Sector 17, Pali Road, Kalamboli Police Headquarters,
Navi Mumbai-410218

Please share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks 
https://twitter.com/jaihindbks

 

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity

The organization has recently come to known the shocking incidents where mere 7 days’ delay for the payment of electricity bill by the consumers in Pune resulted in disconnection of electricity supply without serving them any type of written notice. The aggrieved people were also left unanswered by the MSEB staff who argued that auto generated SMS sent by them is sufficient notice for disconnecting the electricity for payment default. After observing the hardships faced by the common people the organization has decided to publish the information about the rule related to the disconnection of the electricity supply.

The central act which deals with & is applicable all over India related to electricity issues is known as The Electricity Act 2003. The act above mentioned can be downloaded from the following link-
The Electricity Act 2003.Pdf

The Section 56 of the act which makes provisions for the mandatory written notice prior to disconnection of the electricity supply is as follows-

The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
S.56 of The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity for default of non payment.

Thus the S.56 of the Indian Electricity Act 2003 clearly makes it mandatory for the supplier companies all over the country to serve 15 day’s prior ‘Written Notice’ to the consumer before disconnecting his electricity connection for default of payment of the electricity bill.

The Maharashtra State Electricity Board (MSEB) on their official website have also confirmed this fact in their online ‘Consumer Rights’ section that ‘the consumers have right to get the 15 day’s prior notice before disconnection of their connection for default of payment’ as follows-

The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
MSEB Confirms the Consumer’s Right to get 15 days Written Notice before disconnection

The link of the MSEB’s consumer right above mentioned is as follows-
https://www.mahadiscom.in/useful-information-consumers/
(*Click Electricity Consumer Rights Option after opening the link).

Thus it is clear that the private or public electricity suppliers all over the India cannot disconnect the electricity connection of the consumers for default of the non payment as per their whims and fancies. It is pertinent to note that the same officers fail to perform their official duties against corporate giant and politicians who do not pay the electricity bills over the years in spite of repeated ‘reminders’. The purpose of this article is to help the common people who forget to pay the electricity bills for some inevitable reasons and face sudden hardships because of the disconnection of the electricity without any prior notice by the concerned staff as per their whims and fancies.

To Join & Contact Us on Facebook & Twitter-
https://www.facebook.com/jaihindbks
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Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) Remedy to Stop & Ban Promotional Telemarketing Caller in 9 days-TRAI Facility7
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Maharashtra Public Records Act 2005-Important Provisions
11) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
12) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
13) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
14) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

If you find this article helpful we appeal to share this article on social media portals with the social media icons given below-

How to Check CBSE Affiliation of the School.

How to Check CBSE Affiliation of the School. Along with the detailed guide to check such affiliation.

How to Check CBSE Affiliation of the School-The organization has recently come to know the shocking fact of many bogus schools who have not affiliated to Central Board of Secondary Education (CBSE) and yet have misrepresented the parents that hey have been affiliated to the CBSE board by mentioning themselves in their fee receipts, annual reports, pamphlets etc. and many schools even justify their fee hikes on such false and bogus ground by referring to the parents that they are the only CBSE affiliated school in the nearby area.

Such bogus schools also go up to the extent of teaching the students CBSE syllabus and compel the parents to purchase the books as per their whims and fancies and make huge profiteering. Few parents also requested organization to publish the guide to check the official status of the affiliation of the school and hence we have decided to publish this article as the process to know the same is very simple.

How to Check CBSE Affiliation of the School-
The parents simply need to visit the official website of the Central Board of Secondary Education (CBSE) by clicking the following link-
http://cbse.nic.in/newsite/index.html

After clicking the above link, the page like below will be opened-

How to Check CBSE Affiliation of the School
How to Check CBSE Affiliation of the School

After opening of the above page, click on the ‘Schools Directory’ tab on the slight right corner of the page (check red circle highlighted area). After clicking on the ‘School Directory’ the following page will be opened.

How to Check CBSE Affiliation of the School.
How to Check CBSE Affiliation of the School

The parents can instead of following the steps above can directly go to ‘School Directory’ Page of CBSE by clicking the following link-
http://cbseaff.nic.in/cbse_aff/schdir_Report/userview.aspx

As can clearly be seen the parents can get the information of the affiliation of the school with following options-
Keyword wise,
Affiliation No. Wise,
State Wise,
Region Wise,
School level wise & also the name of the ‘Disaffiliated Schools’ can be checked from the website. The parents can check their own school’s affiliation in more than one categories to cross check the information.

As per the news published recently in the Mumbai Mirror the CBSE affiliation section at Delhi has clarified that ‘if a school is not listed, it is not affiliated, and unless a school has an affiliation number, it cannot call itself a CBSE school on its signboard or school literature.’
The link of the news above mentioned is as follows-
https://mumbaimirror.indiatimes.com/mumbai/other/parents-confused-after-mahim-school-drops-mention-of-cbse/articleshow/67069226.cms

Legal Remedy-
The parents can definitely initiate criminal prosecution along with the additional complaint to CBSE to not to approve the CBSE affiliation application form of such school.

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

Police Complaints Authority- Legal Remedy Against Corrupt & Inefficient Police

Police Complaints Authority- Legal Remedy Against Corrupt & Inefficient Police

Police Complaints Authority- Legal Remedy Against Corrupt & Inefficient Police-The Police are one of the most important law enforcing agency and an institution to protect the rights of citizens enshrined in the Constitution of India. However unfettered & uncontrolled powers vested to the police force has resulted mostly into the incidents of brutal misuse of their powers, inefficiency & corruption since past many decades.

General Fear & Mistrust among the Common People-
The general fear & mistrust among the common people against the police force can be seen in all aspects of social life of our country. The traditional ignorance & gross negligence of the police force in even registration of FIR (not to speak of further investigation & strict actions against the culprit) in matters involving happening of serious offences most of which are cognizable offences has resulted further into tendency of the common people not knocking the doors of the police stations which has resulted into one of the worst criminal justice system.

Inadequate Support From the Government Cannot become ground for Corruption-
We make it clear that we are aware about the fact that there is tremendous pressure upon the police force from the politicians and from some white collared influential criminal classes of our society and also that the police officers get very low scale salary compared to average global pay scales.

Even the glimpse of the video news related to the inhuman, small and damaged condition of the government allotted houses of the police officers all over the country make the picture very clear about the poor financial support they receive from the government which is further worsened by the low manpower and heavy workload upon the police officers. However we also firmly believe that the poor conditions at the workplace or deliberate attempt of the government to make the police force weak & less financially independent cannot become the ground or reason to justify their inefficiency or the corruption of the force at any cost and in whatsoever manner.

‘Delay Tactics’ by the Government of India to solve police inefficiency & corruption-
That before the Supreme Court of India intervened on 22 September 2006, prior to that the government of India were playing only a delay tactics to solve this menace of police inefficiency & corruption. Instead Since 1977 to 2006 following committees were appointed which kept issuing recommendations but the government did not take any concrete action against such recommendations at all. The delay tactics can be seen by the government with appointment of following committees, Commissions and their recommendations time to time-

  1. National Police Commission (1977-81),
  2. National Human Rights Commissions
  3.  Law Commissions
  4. Ribeiro Committee
  5. Padmanabhaiah Committee and
  6. Malimath Committee on Reforms of Criminal Justice System etc.
    Even after this, the government again appointed the Soli Sorabjee committee in the year 2005 to draft the Police Act.

The Supreme Court Intervenes-Orders the Setting Up of ‘State & District level Police Complaints Authority’ all over the Country-
While the government was playing the delay tactics, the few retired top police officers & NGO had filed the writ petition before the Supreme Court of India in the year 1996. However owing to indifference from the government & other complications the petition was pending before the court till the year 2006. After taking the cognizance of overall situation in this matter & ‘Distress Call’ situation mentioned by such committees to reform the inefficient police system, the Supreme Court of India, in Prakash Singh & Ors vs Union Of India, on 22 September, 2006 (Writ Petition No.310/2016) under Article 32 of the Constitution of India read with Article 142 of the Constitution issued 7 directions to achieve the complete justice to the central as well the state governments. The Supreme Court of India also mentioned that such directions are further mandatory under Article 144 of the Constitution of India over all the authorities of the country.

The salient features of these 7 directions are as follows-
*Setting up of the Police Complaints Authority- To look into complaints against police officers. It declares there shall be a Police Complaints Authority at the District Level to look into complaints against police officers of and up to the rank of Deputy Superintendent of Police. Similarly, there should be another Police Complaints Authority at the State Level to look into complaints against officers of the rank of Superintendent of Police and above. The authorities above mentioned shall be headed by the Rtd.District Court & Rtd.High Court judges at the district & state levels respectively.

*Separation of the Investigation i.e. ‘investigation police’ shall be separated from the ‘law and order’ police.
*Establishment of State Security Commission- To ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country.

*Formation of Establishment Boards- For the purpose of transfer, promotions etc. The State Government may interfere with decision of the Board in exceptional cases only after recording its reasons.

The Supreme Court of India also directed that the aforesaid directions shall be complied with by the Central Government, State Governments or Union Territories, as the case may be, on or before 31st December, 2006 so that the bodies aforenoted became operational on the onset of the new year.

The judgement of the Supreme Court of India above mentioned can be viewed & downloaded from the link given below-
Click To Download-Prakash Singh & Ors vs Union Of India on 22 September, 2006

Formation of the State Police Complaint Authority With Tremendous Delay-
Though the Supreme Court of India had directed the Central, State & Union Territory governments to comply the directions above given by 31st December 2006 many states committed the contempt of the order of the Supreme Court of India e.g. one of the most progressive state of our country State of Maharashtra formed State Police Complaints Authority only in year 2015 and that too fearing the contempt petition filed before the court.

Legal Remedy & Complaints Against Police- State Police Complaint Authority.
Legal Remedy & Complaints Against Police- State Police Complaint Authority With e.g of Maharashtra State Police Complaints Authority-

As above mentioned it is mandatory upon the governments to establish the Police Complaint Authority in the states. Accordingly the reader should know that they can find the State Police Complaints Authorities in their respective States or Union Territories.

To explain how to file complaint to the State Police Complaints Authority we would take the example of the State of Maharashtra as follows- However even the progressive state like State of Maharashtra appointed the State Police Complaints Authority only in the year 2015 i.e. 9 years after the mandatory direction of the Supreme Court and that too fearing the contempt petition and action by the court. The State of Maharashtra enacted the act in the year of 2014 which is called as The Maharashtra Police (Amendment & Continuance) Act, 2014.
The copy of the Maharashtra Police (Amendment & Continuance) Act, 2014 can be viewed and downloaded from the link given below-
Click to Download- Maharashtra Police (Amendment & Continuance) Act 2014

The salient features of this act is as follows-
*It makes the provision for formation of the State Security Commission- To ensure that the State Government does not exercise unwarranted influence or pressure on the State police and for laying down the broad policy guidelines so that the State police always acts according to the laws of the land and the Constitution of the country.

*Formation of Establishment Boards- For the purpose of transfer, promotions etc. The State Government may interfere with decision of the Board in exceptional cases only after recording its reasons.

*Most Important- Section 22P- Formation of the State Police Complaints Authority.
Section Wise Salient Features of the Maharashtra Police (Amendment & Continuance) Act, 2014-

The salient features of the Maharashtra Police (Amendment & Continuance) Act, 2014 are as follows-
Section 22Q (1)(a)-
declares that The Maharashtra State Police Complaints Authority shall have the power to inquire suo motu or on complaint form any person about death in police custody, grievous hurt, rape or attempt to commit rape, arrest or detention without following prescribed procedure, corruption, extortion, land or house grabbing or any other matter involving serious matter of violations of provision of any law or abuse of lawful authority.

S.22Q(7)-Every Proceeding to Be ‘Judicial Proceeding’-
Every proceeding before the The State Police Complaints Authority has been declared to be judicial proceeding within meaning of Sections 193 & 228 of the Indian Penal Code and it has been vested powers of Civil Court too.

Section 22R (Most Important)-
The Maharashtra State Police Complaints Authority after completing the inquiry shall take following steps-
S.22R (1)-  Submit the report to the State Government,
S.22R (2)- The State government after the receipt of the report may accept or reject only in exceptional circumstances and that too with reasoned order.
S.22R (b) State Government shall treat the report as preliminary report for the purpose of institution of proceedings against delinquent officer.

S.22R (c)- If the report disclosed prima facie case of commission of cognizable offence, the State Government shall forward the same to the concerned police station and thereupon the same may be recorded as the First Information Report under S.154 of Code of Criminal Procedure 1973.
S.22(S) makes the formation of the same authority at the district level to be called as Division Level Police Complaints Authority.

Prosecution for the False Complaint against Honest & Sincere Police Officer-
As a preventive measure against the possible abuse of these provisions against the honest police officers, S.22(T) makes provision of punishment of 2 years of imprisonment and for the false complaint related to offence punishable with death, life imprisonment or punishment of imprisonment of 7 years, then such a frivolous complainant shall be punishable with imprisonment up to 7 years. In addition to this, person making false and frivolous complaints shall also be liable to pay the concerned police officer legal expenses and compensation which State Police Complaints Authority may decide.

The Address of the Maharashtra State Complaints Police Authority-
Maharashtra State Complaints Police Authority
Address-

Cooperage Telephone Exchange, 4th Floor, Maharshi Karve Road, Nariman Point, Mumbai, Maharashtra 400 021,
Email-mahaspca@gmail.com.

Thus most people wrongly think that the only legal remedy against the corrupt and inefficient police officer is to approach the court by hiring lawyer only. However people are unaware about such strong Supreme Court judgement and also the existence of the laws & authorities in their respective states like State of Maharashtra, above mentioned.

How to File Case in Person Without Hiring a Lawyer before such Commissions or Courts-
Though i always suggest and insist to appoint a lawyer for fighting the legal battles, yet we have also published an article for the people who cant hire or appoint lawyers for their legal battles for inevitable reasons. The link of the article is as follows-
Read-How to File Case Without Lawyer or In Person with Sample Draft.

Options of other Commissions-
It is pertinent to note that there are many other options available against the grievances against the inefficient & corrupt police officers like State or National Human Right Commissions, Lokayukt Authority etc. However such Commissions and Authorities are generally located in the capital of the State causing hardship for common people especially poor complainants who cannot afford the travel and other expenses and hence they can always approach the Division Level Police Complaints Authority which are located at the district levels.

People Should Approach such Authorities & Commissions-
The organization has observed that many people neither approach courts or such authorities and commissions and keep approaching the media only or post their angry opinions in the social media platforms for the years. It is true that many commissions now days are not working efficiently too like we observed about the Maharashtra State Commission for Protection of Child Rights recently and we have also posted the articles about the same as follows-
Read-Maharashtra State Commission for Protection of Child Rights’ Inaction Exposed.

However after we published this article first, it was flashed in the top media news channels too, which further resulted in expediting few matters pending before the commission. In brief people should launch public protests, approach media and expose the corrupt officers on the social media platforms too. However if these things do not bear fruit for long time, then they must immediately approach such authorities and commissions without wasting any time.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan

Must Read-Legal Awareness Articles for Common Man as follows-
1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) How To File Online RTI Application & First Appeal at State of Maharashtra
12) The Maharashtra Public Records Act 2005-Important Provisions
13) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
14) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
15) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
16) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
17) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
18) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.

 

 

The Maharashtra Public Records Act 2005-Important Provisions.

The Maharashtra Public Records Act 2005-Important Provisions.

The organization had come to know many cases wherein common people of Maharashtra were denied the information of the public records under the Right to Information Act 2005 or demanded otherwise by simply stating the ‘Public Records’ are ‘Not Traceable’ or have been ‘Lost’. Such errant officers did not even bother to give such information of loss of public records in written communications thereafter resulting in many cases stopping of pursuance of such matters by the common people for traditional ignorance of their existing laws.

The Maharashtra Public Records Act 2005-
Many few people know that the State of Maharashtra has already enacted the act above mentioned to regulate, maintain, preserve & secure the public records & has even made provisions of harsh punishment for any unlawful destruction or disposal of the public records.
The copy of the act can be downloaded with following link-
Click To Download- Maharashtra Public Records Act 2005.Pdf

Important Provisions of the Maharashtra Public Records Act 2005-
1) Definition of the Public Records-
Section 2 (g) defines the Public Records which includes any document, manuscript, file, microfilm, any other material produced by computer or any other device etc.
Section 3 provides that the State Government shall have power of supervision, management & control of archives.
Section 4 makes provision of prior approval of the State Government necessary for taking the public records out of state of Maharashtra.

2) Appointment & Duties of Records Officer-
Section 5
makes a mandatory provision for creating record rooms & records officer.
Section 6 further makes provisions that records officer shall be responsible for proper management, security, maintenance & preservation of public records etc. under his charge.

3) Record Officer to take appropriate action for unauthorized removal, destruction etc. of Public Records-
Section 7 of the act puts mandatory duty upon Records Officer to take immediate appropriate action for the unauthorized removal, destruction, defacement, altercation etc. for the recovery and restoration & submit the report to the Director without any delay who may further take action he deems necessary.

4) No Public Records be destroyed except with ‘Prescribed Procedure’-
Section 8 makes provision that no public records shall be destroyed or disposed off  except in manner prescribed. Also it further makes provision that no Public Records older than 100 years shall be destroyed except if in the opinion of Director it is so defaced or in such condition that cannot be put in archival condition. We have intentionally mentioned this provision here as we have observed some officers misguide common people with false information that they are not bound to preserve the documents beyond 10 or 20 years etc.

5) Penalty for Contravention-
Section 9 makes provision that any person contravening the Section 4 or Section 8 shall be punishable with imprisonment with a term which may extend to 5 years & fine which may extend to Rs.10000/- or both. Thus any unauthorized transportation of documents out of state of Maharashtra, any unlawful destruction or disposal can result in severe punishment against the responsible person.

Does this work? Effectiveness of this act-
The organization was recently approached by Mumbai based education activist Mr.Prasad Tulaskar whose status of RTI application was shockingly shown ‘Untraceable’ by the PIO of the Ministry of Education Maharashtra. The matter was adjudicated before the State Information Commission. Mr.Tulaskar mentioned the seriousness of his ‘missing’ RTI application with the explanation of the provisions of the Maharashtra Public Records Act 2005 & magically his application was found immediately. However The State Information Commission took serious note of the same and imposed Rs.25000/- fine upon the PIO of the Ministry of Education, Maharashtra. The article can be read as follows-
Maharashtra Ministry of Education neglects RTI Act 2005 gets slapped with fine of Rs.25000/-

So next time if any public officer misguides you intentionally about public records, make sure to punish him severely using the provision of this act.We have also published article for the common people about how to file complaints & cases before various authorities, commissions & courts. The link of the article is as follows-
Sample Legal Draft for Courts, Commissions & Authorities.

Please don’t forget to like, share this article & also join our movement against the corrupt system on Twitter & Facebook Pages as below
https://www.facebook.com/jaihindbks
https://twitter.com/jaihindbks
-Adv.Siddharthshankar Sharma
Founder President-Bharatiya Krantikari Sangathan


Must Read-Legal Awareness Articles for Common Man as follows-

1) How to File Case Without Lawyer or In Person with Sample Draft
2) Legal Remedy & Complaints Against Police- State Police Complaint Authority
3) Case Laws against Illegal Fee Hike, Child Harassment & Expulsion by the Schools
4) How to get Central & State government’s Acts & Rules at One Place
5) How to Check CBSE Affiliation of the School
6) Getting Self Declaration & Audit Statement of School Under RTE Act 2009
7) Case laws & Legal Provisions against Child Harassment
8) TRAI Remedy to Stop, Ban & Punish the Promotional Telemarketing Caller within 9 days
9) The Electricity Act 2003- 15 Days Prior Written Notice Must for disconnecting Electricity
10) The Electricity Act 2003- Remedy against Wrong & Excessive Electricity Bills
11) The Maharashtra Public Records Act 2005-Important Provisions
12) Implement G.R. banning Compulsion of Stationeries by Schools-Bombay High Court
13) Maharashtra State Commission for Women- Complaint Mechanism, Powers & Address
14) Address of Police Complaints Authority of Maharashtra, Pune & Navi Mumbai
15) Information Commissioner slaps fine under RTI Act 2005 to Education Ministry
16) The Government blocks Child Rights Panel Functioning With Pre-planned Conspiracy
17) Haryana Education Department Directed to Pay Rs.4000/- Compensation under RTI Act 2005

Disclaimer- None of the authors, contributors, administrators, or anyone else connected with this website, in any way whatsoever, can be responsible for your use of the information contained in or linked from these web pages. The visitors are advised to take the opinion of their learned counsels before proceeding & relying upon the information above given before approaching any authority, court or commissions.