CIC vacation plan to cripple RTI

[karira]

Central Information commission vacation plan to cripple Right to Information

Just when the right to information (RTI) was turning into a revolution of sorts in India, the Central Information Commission (CIC) has decided to apply brakes. It notified new rules - Central Information Commission (Management) Regulations 2007 - on Thursday that make it more difficult for the common man to complain against errant Officers wrongfully withholding information.

This is not all. Your right to information would have to take a vacation - twice a year. At a time when there is a raging debate over doing away with the judiciary's vacations, the CIC has gone ahead and granted itself two full vacations. During June-July the summer break would be between two and four weeks. This would be topped by a two-week winter vacation. Section 6 of Chapter III lays down: "The commission may have summer vacation of two to four weeks during June-July and a winter vacation of two weeks during December-January, as notified by the CIC... The Chief Information Commissioner may make appropriate arrangements to deal with matters of urgent nature during vacations."

It is Chapter IV "Registration, Abatement or Return of Appeal", however, that seems to have introduced a bureaucratic style in filing appeals and complaints. At a time when State Information Commissions are trying to make it simpler for the applicants to file appeals, CIC has made it more difficult. Now the applicants would have to "type, print or write neatly and legibly and in double line spacing" to file an appeal in the CIC. If there are any errors in the application, the registrar would point them out to the applicant and give him only two weeks to rectify them. In case, these are not rectified within the time period, the application would be considered withdrawn by the applicant and the CIC would not consider it.

RTI activist and Magsaysay award winner Arvind Kejriwal said: "This is a step backwards. With these rules, CIC has introduced a complicated way to file appeals. You need to be an advocate for this. Forget the common man, even we won't be able to file appeals."

There is more bad news. There is a long list of documents that would need to be attached with the appeal. The most peculiar requirement is that of "Service of Copies of Appeal/Complaint". Before submitting an appeal or complaint to CIC, an applicant would have to send its copy to the public information officer (PIO) and the appellate authority. He would need to attach a copy of the acknowledgement. Kejriwal said: "Why would a PIO who is refusing to accept an RTI application acknowledge this complaint or appeal? This is a system, which is in use in high courts. RTI is a tool for the common man. Why is the information being pushed away from him?"

Interestingly, Bihar State Information Commission has taken a revolutionary step in the field of RTI Act. In Bihar, the common man can file and appeal or complaint over the phone. The applicant's voice becomes his appeal. This has triggered an unprecedented response from the people as it has made the process simpler. The Pioneer > Home Can someone please post the copy of this notice, since its still not available on the CIC website.

[karira]

RTI applications before CIC to undergo greater scrutiny

New Delhi, June 22: All Right To Information applications before the Central Information Commission (CIC) will now undergo strict scrutiny before they are taken up for hearing. The Commission, in a notification passed yesterday, has laid down regulations on complying to a process of scrutiny of RTI applications before they are forwarded to the concerned information commissioners. The procedures as laid down in the Central Information Commission (management) regulations, 2007 states that the CIC's registrar will look into the maintainability of every RTI application. The regulations bring greater delegation of authority to the Commission's registrar to decide on the fate of an information application. They new terms seem important especially with the CIC clearly voicing its concern, in a number of its earlier decisions, on the growing number of "frivolous and inconsequential" applications. Underlaying the importance of the regulations, CIC's joint secretary (law) and additional registrar L C Singhi said "the regulations have been framed for better internal management of the commission and would facilitate its better functioning." He said that the commission is also planning to expand the process of digitalisation of records. Zee News - RTI applications before CIC to undergo greater scrutiny

[Hari Gautam Obhrai]

I quite agree with the writer! There should be no vacations and CIC must simplify procedures and be more accessible if ACT is to have any utility and not degenerate into giving post retirement sinecures to pliable bureaucrats!
Hari Gautam Obhrai

[Hari Gautam Obhrai]

There should be no vacations even for judges with huge case backlog!We need not take bad examples for new institutions!
Also new procedures should be kept simple and understandable for common public to be of any use in achieving stated objectives of legislation and not becoming a stunt to dupe gullible public!
Hari gautam Obhrai.

[karira]

---

The CIC has recently issued "The Central Information Commission (Management) Regulations, 2007"

These regulations are very useful for those appelants going for 2nd Appeal before the CIC. Before even starting to draft your appeal, please go thorugh the regulations carefully so as to avoid disappointment at a later stage.

The complete regulations can be viewed at:

http://www.cic.gov.in/CIC%20Regulations,%202007.pdf

[Hari Gautam Obhrai]

Thanks to Karira for making link available to see latest regulations on filing second appeals to CIC1 The vacation paras could have been avoided! Seems undesirable with heavy case load!Hari Gautam Obhrai.

[karira]

Hari,

Once, in some other thread and post, you asked me not to be so pessimistic. I have to now say the same to you. Please see:

Monthly Disposal of Cases in CIC

Things are improving.

[karira]

Originally Posted by Hari Gautam Obhrai

There should be no vacations even for judges with huge case backlog!We need not take bad examples for new institutions!

Mr Hari,

Just for your information, as on 27th February 2006, the number of cases that had not reached their legal conclusion in various courts in India was:

Supreme Court 33,635
All High Courts 3,341,040
Subordinate Courts 25,306,458

These are the latest figures I could gather.

Sir, you are absolutely right.....NO Vacations.

[Hari Gautam Obhrai]

Thanks for statistics which are more readily available with legal websites development. Perhaps these can be monitored regularly by some enthusiastic youngsters like you and disseminated for the RTI tribunal at Centre and in States! Hari Gautam Obhrai.

[karira]

Members and Guests who are interested in reading a very good critique (with alternative and constructive suggestion) about the new The Central Information Commission (Management) Regulations, 2007 can visit the following link:

http://www.humanrightsinitiative.org...ssion_2007.pdf

[karira]

Many members and guests on this forum, will be happy reading this.
Wonder why, not a single main line daily, covered this news.
Even the CIC website does not have reference to this.
(Just hope that it's correct)

CIC puts contentious RTI rules on hold

Tuesday, July 24,2007

NEW DELHI: The Central Information Commission (CIC) has decided to put its new controversial rules - Central Information Commission (Management) Regulations 2007 - on hold. The Pioneer had first reported these regulations on June 22 - the day they were notified by the commission. The new regulations have made it more difficult for the applicants to file appeals in CIC - the final appellate body - for Right to Information Act, 2005. These were notified without taking any public views. This is not all. At a time when there is a raging debate over doing away with the judiciary's vacations, the CIC had gone ahead and granted itself two full vacations. During June-July the summer break would be between two and four weeks. This would be topped by a two-week winter vacation. Following this report, the CIC was flooded with suggestions and complaints. RTI activist Aruna Roy met Chief Information Commissioner Wajahat Habibullah last week and pointed out that these regulations had been notified without following due procedure. CIC's own information commissioner OP Kejariwal also raised the issue in the commission's weekly meeting. According to sources, Kejariwal pointed out that he was not present in the meeting when the regulations were passed. Kejariwal, sources said, would also be giving his opinion on the regulations. Speaking to The Pioneer, Habibullah confirmed CIC's move and said: "We have been receiving several representations from many people. We have decided to look at the regulations and if need be we will review some provisions. We are also taking the help of our legal advisor." Chapter IV "Registration, Abatement or Return of Appeal" of the regulations has come under attack from all quarters. It has introduced a bureaucratic style in filing appeals and complaints. Now the applicants would have to type, print or write neatly and legibly and in double line space. If there are any errors in the application, the registrar would point them out to the applicant and give him only two weeks to rectify them. In case, these are not rectified within the time period, the application would be considered withdrawn by the applicant and the CIC would not consider it. Wajahat, however, justified these regulations and said: "These were introduced to bring about uniformity in the procedures followed by different information commissioners. While some commissioners laid down that two copies of documents were required, some other asked for five. So to streamline these procedures we had introduced the regulations." Caught in a tight corner by protest, the CIC is considering the easy way out. It is planning to rename the "regulations" as "guidelines".

South Asian Media Net

[colnrkurup]

It will be a shame, if the CIC does not withdraw its so called high handed Regulation. I had submitted to him 24 critical observations as early as on last week of June 2007 itslef. No self respecting country can afford this Regulations to remain in force. Apart from all other high-handedness I appraise you to read that part of the Regulation where he himself upgrade his service conditions to those of the Sureme Court Judges or oif fact more than theirs contrary to those given in the Act and published in CIC's web site itself. When it lays down that his leave Rules will be at par with the IAS Officer's leave rules, he has no buisiness to grant himself the vacations (leave) authorised to only Supreme Court Judges. I had posted all my observations in HJ and other RTI web-sites. It is a shame and challenge to the democratic fabrics of this Country if the CIC's Regulation which is a Rule made by CIC in the guise of ' his management directions ' to circumvent the statutory requirement of placing it before both houses of Parliament. apart from the CIC not having any powers to make Rules. I am surprised and pained to see inadequate or very poor response from RTI Activists of all forums. Either they did not fully grasp it or failed to see the challenges of CIC on the Fundamental Rights of the cityzens. A scrutiny of his orders will reveal that the CIC is tending to become dictator the powers he was dreaming before his retirement. The CIC hasno choiced other than scrapping hisRegulations.