Information can only be withheld which can be brought under Section 8(1)
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File notings under RTI after debate with section of society: Wajahat Habibullah
Chief Information Commissioner Wajahat Habibullah said if the government decides to bring the bill to keep file notings outside the purview of the Right To Information (RTI) Act in the winter session, it will only be after debate with all sections of the society.
"The civil society and the government are the decision makers on the Act. The Central Information Commission job is only to implement the Act, ' Habibullah said speaking at an interactive session on Right to Information Amendment Bill, 2006 organised by the NGO CUTS International.
He said that all government departments have been directed to make a comprehensive compliance report of Section 4 of the Act dealing with maintaining data and information catalogue of information related to the department and submit it to CIC. The report will be submitted to the Parliament in the forthcoming winter session.
Arvind Kejriwal, CEO of Parivartan and 2006 Magsaysay Award winner, said that the amendments do not pertain to file notings only as has been projected in the media. "If the amendments come through, the government will be able to keep the entire country out of the decision-making process. This is because the amendments provide that the departments will not give information on any issue till such time the matter is completed," Kejriwal said.
Another important lacuna, he said, was that even after the decision was made, the entire information would not be provided and only file notings related to social and development work will be available. "So, if a citizen wants to know the status of his ration card or passport he would not get any information because this did not pertain to any social or developmental work," Kejriwal said.
Also, all matters related to personnel will be out of the purview of RTI.
Any information related to examinations process will also not be shown, he said.
Pradeep S Mehta, secretary general of CUTS International, urged CIC to take up the role of advocacy given the extremely low public awareness on the usage of the act. [sourse: Business Standerd Aricle published dated 15th Sept 2006]
A friend of mine asked for information pertaining to Outer Ring Road proposed for Hyderabd from APPCB. He gets a reply as follows:
"The Technical Committee of the Board is an advisory committee. Hence, it may not be possible to give the minutes of the technical committee as they are meant for internal purposes." .....
"The Board cannot give the information submitted by the HUDA as per the provisions of Sec. 8 of the Right to Information Act. You are requested to approach the authorities of HUDA/ORR directly and obtain the information."
Is it right to reject the information on the grounds given above? HUDA is also a public body. Is there any provision in section 8 that prevents giving information from a third party concerning public welfare?
Please give your comments.
K. Babu Rao
The question was forwarded to me thourgh Private Message:
Can RBI seek exemption under Section 8(1)(e) of RTI for information related with Cooperative Banks collected as part of their monitoring?
Dear RTI Group Members,
Section 25 of RTI requires the Central and State Governments to develop and organize educational programmes to advance the understanding of the public, particularly the disadvantaged, to exercise right to information. We all are aware that NGOs like Parivartan, NCPRI and a few others have done some commendable work in this direction.
Can we as a group in association with the HGOs other like minded groups persudae the Government to take a lead in this direction?
I am pasting here section 4 of RTI 2005 which is very usefull clause and reply of so many querries. Dear friends I expect every one to ensure the compliance of section 4.
4 (1) Every public authority shallâ€” (a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this Act,â€” (i)
the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control;
(vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
(xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed and thereafter update these publications every year; © publish all relevant facts while formulating important policies or announcing the decisions which affect public;
(d) provide reasons for its administrative or quasi-judicial decisions to affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. (3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation.â€”For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection
02/21/2018 03:26 AM