The framing of rules did not fall within the purview of the Commission
While deciding upon the appeal, the commission stated that commission power does not fall under framing of rules and hence it cannot direct any organisation to frame a rule to provide information.
Here is the decision.
IMPHAL, Dec 31: The Manipur government has made rules called the Manipur Information Commission (Appeal Procedure) Rules, 2006 even though the departments within the purview of the RTI Act are yet to prepare and publish their respective manuals as required under the Act.
The rules were made in exercise of the power conferred by clauses (e) and (f) of sub section (2) of section 27 of the Right to Information Act, 2005.
State authorities, while notifying the same, stated that the rules will come into force on the date of publication of the rules in the official gazette of the Manipur government.
The rules indicate the procedure to be followed while a person or persons go to appeal against the state public information officers to the State Information Commission.
The RTI Act, 2005 was enacted in the state with a gazette notification issued on July 12, 2005. Though it was delayed, the chief information commissioner of Manipur was appointed on September 12 this year.
But for such a long time the departments have not published or put up their manuals to the commission.
However, the much needed manuals of the departments or authority within the purview of the RTI are yet to be prepared and published to bring implementation of RTI into proper shape.
Among others, information to be provided by the public authorities are detailed write ups of the powers and duties of its officers and employees. the procedures followed in the decision making process include channels of supervision and accountability and the norms set by the particular organization for the discharge of its functions, budget allocations etc.
Apart from this, a particular public authority or department must maintain all the records duly catalogued and indexed in a manner and form which would facilitate the right to information under this Act and ensure that all records that are appropriate to be computerized are within a reasonable time and subject to availability of resources computerized and connected through a network all over the country on different systems so that access to such records is facilitated.
The commission, through the state department of personnel and administrative reforms (administrative reforms division), had for the first time, directed the public authorities and departments of the state government within the purview of the RTI Act, 2005 to submit the action taken reports of heads of the administration on September 22.
The department of personnel and administrative reforms had sent reminders on October 9 but the same could not be submitted to the commissioner as none of the departments prepared or published the manuals.
Almost all the public authorities and departments under the Manipur government except department of personnel and administrative reforms are yet to submit the particulars of the organization, functions and duties along with other details to the state information commission as required under section 4 (1) (b) of the RTI Act, 2005.
Manipur govt makes RTI appellant rules :: KanglaOnline ~ Your Gateway