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Thread: Proactive disclosure under section 4 of RTI Act 2005

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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Chief Information Commissioner once again reiterated to comply the provisions of section 4 in a interview with Rajasthan Patrika Jaipur.



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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by karira View Post
    Sorry, I cannot understand clearly.
    Section 4(1)(d) is very clear and there is little or no scope for the PIO or the "concerned" officer to deny the reasons.
    Can you please give a specific case or example ?
    Sir,
    You don't have any idea of the SPIOs of our West Bengal. We had submitted at least 6 application asking reason of not taking proper action against one corrupt officer. No response received . 1st appeal, no hearing of that ' GREAT' Co operation Dept ( most non co operative, one Ex Secretary mentioned that ' the dept has become a---" Dept of CORRUPTION ". As an honest and upright IAS officer he was ' nicely removed" ) 2nd appeal/ complaints lodged to SIC,when SIC instructed the PIO to submit his comments/ views at the earliest/ within 15 days. But thereafter 40 to 65 days spent by the "MOST POWERFUL" PIO without providing any communication. Reminders on the 2nd appeal submitted. No response.
    The cprrupt officer retired nicely without any pinishment.
    I really don't know why they are so much intersted to help the corrupt persons.

  3. #27
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Section 4(1)(d) is the most convenient Sections of the RTIAct. In almost all my applications wherever I refer Section 2(f), I have been coupling it with Section 4(1)(d) to obviate the usual pleading "the requests does not fall under RTI Act".

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    Re: Proactive disclosure under section 4 of RTI Act 2005



    As in section 4 of RTI Act 2005 it is written that every public authority must disclsoe the informations with 120 days. The PIO BSNL Jaipur having intention that the disclosure only required for CPIO level not on the level of PIO or APIO. Any one may send me views that proactive disclosure at the level of PIO or APIO is not necessary under RTI 2005. In this way we may not able to transparent every office and may not stop corruption or non accountability.<!-- google_ad_section_end -->

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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Quote Originally Posted by sngupta View Post
    As in section 4 of RTI Act 2005 it is written that every public authority must disclsoe the informations with 120 days. The PIO BSNL Jaipur having intention that the disclosure only required for CPIO level not on the level of PIO or APIO. Any one may send me views that proactive disclosure at the level of PIO or APIO is not necessary under RTI 2005. In this way we may not able to transparent every office and may not stop corruption or non accountability.<!-- google_ad_section_end -->
    Under the Right to Information Act, 2005, there is no terminology like Public Information Officer OR Assistant Public Information Officer. The only terms in the Act are Central Public Information Officer (CPIO) / State Public Information Officer (SPIO) Or Central Assistant Public Information Officer (CAPIO) / State Public Information Officer (SAPIO). Therefore, the contension that the disclosure is required at the level of CPIO level and not on the level of PIO or APIO is totally wrong. Infact, the PIO of a Public Authority like BSNL which is under the jurisdiction of the Central Government / Central Information Commission is Central Public Information Officer (CPIO).
    Moreover, I am of the view that the role of the APIO is not to diseminate the information or make proactive disclosure etc. The role of the APIO is limited to the extent of only receiving and forwarding the applications etc. to the appropriate authority.
    Thirdly, it is also pertinent to mention here that the disclosure under S.4 should be made by the Public Authority itself. The intention of this section seems to be that the Public Authorities should make drastic changes in their working and should try to make their day to day work fully transparent. I am of the view that anyone can ask for the information under section 4 (if the same has already not been disclosed) from the concerned officer irrespective of the fact that the said officer is designated PIO or APIO or any other functionary under the Right to Information Act, 2005, as everybody is responsible to make his working transparent.
    Fourthly the limit of 120 days under S.4 of the Act was from the date of the enactment of the Act and it is not a running provision. The Public Authorities were under obligation to disseminate the information under S.4 suo-motu within a period of 120 days from the enactment of this Act. Thereafther the disclosure must be instant. If the same has not been done anybody ask for the information under S.4, the Public Authority is under obligation to provide the information as expeditiously as possible with the maximum limit of 30 days.

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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Mr Vashistha Vivek,
    I am a follower of transparency and accountability and trying to make the system tranparent. Transparency is needed for peacefull life and this is really a work of GOD. We may think whenever any one is facing partiallity what will be position of mind of person. Actually partiality is only reason of development of terrorism and naxalism. All dharam Guru is also giving this message and in constitution we made the provision but what is the position now.
    How we may make the whole system tranparent and accountable, Please say me something the way it is possible.

  7. #31
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Inspired by this thread and the information posted here, I had compiled the sample form for asking about implementation of section 4 of the RTI Act. The form can be downloaded from http://www.rtiindia.info and can be used with any ministry/department of the Government by simply printing and filling in the details.

    It would be interesting if all of us use this form and get the information from different Ministries/Department and post the reply here.

    I call it as 'Proactive Disclosure Campaign'.

  8. #32
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    Re: Proactive disclosure under section 4 of RTI Act 2005


    Kushal,

    Very good one.
    Just one point, reference is made to "item 3(g) above". But 3(g) is not there.
    Can you please make that correction and repost.

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