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vashisthvivek

Rules framed under the RTI Act

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vashisthvivek

Dear members,

The Himachal Pradesh Government have framed rules under the RTI Act, 2005. Rule 3 of these rules provides that separate applications shall be made in respect of each subject and in respect of each year to which the information relates. It means that if someone has to obtain information on a issue, which may extend to more than a year, then he has to file separate application for each year, even if the subject matter is the same and the Public Authority is same. Secondly if the person does not know exact year of the information and has only knowledge that the information relates to the last decade, then he has to file ten applications annexing application fee for each year.

I am of the view that this rule is against the spirit of the RTI Act, which imposes an obligation on the PA to disseminate the maximum information suo-motu at regular intervals, so that the public have minimum resort to the use of the Act (S.4(2)). I request the members to offer their useful suggestions as to how these rules can be agitated?

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sngupta

Mr. Vivek,

A person sitting on a chair of power never wants to reduce the powers. He is bounded to follow the rules regulations. By creating hurdles to RTI applicant they want to reduce the RTI users. Actually the section 4 of RTI act 2005 says about the proactive disclosure of informations as there is no need to file application but so many informations must be provided without application but transparency and accoutability is not the subject of human being and lack of transparency and accoutability creating tensions in society.

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vashisthvivek

Yes. But, now the question is as to whether these rules are in conformity with the provisions and spirit of the Act

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vividhaditya

Please can you tell me when was this new rule formulated? As we run a website called Himvani.com, a dedicated website on Himachal, we'd like to highlight the issue there.

Regards,

Surender

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vashisthvivek

These rules were notified in January, 2007 and are available on the HP Government website.

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colnrkurup

These are inevitable fall-outs. As per Section 27(2) of the RTI Act Appropriate Government has power to make Rules. The above provisions introduced being not against any of the provisions of the Act, I doubt whether anything could be done. You should thank God that the HP government has not damaged the principles envisaged in the Act but only increased an appellant's degree of difficulty in obtaining information.

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vashisthvivek

Respected colnrkurup Sir,

You will appreciate the fact that these rules are against the spirit of the RTI Act. Is it not possible that we all the members of this forum send emails to the Principal Secretary (Administrative Reforms), and put pressure on him to have a re-look on these rules?

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colnrkurup

I think it will be education for all of us if you can kindly analyse it and specifically bring out as to where it confront the RTI Act. .

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