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Thread: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act

  1. #17
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    Neeraj
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Dear All,

    As per the announcement in the thread http://www.rtiindia.org/forum/2310-p...ation-act.html, using the same RTI draft, i had applied the same set of questions to the Ministry of Law and Justice, Legislative Dept.

    The reply of the CPIO, Legislative Dept., Ministry of Law and Justice is very bad and evasive. According to him the question number 1,3,4 and 5 doesn't fall in the category of information as u/s 2(f).

    Please see the attached RTI application and CPIOs reply and guide me with How should i move ahead with the First appeal?

    The


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  2. #18
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Dear Neeraj,
    Though almost 4 years have passed since the birth of RTI Act but officials have not come to terms with the RTI Act. It is a fact that three-fourth jof the states and the Union Territories do not provide even half the information thy are obliged to under Section 4 of the RTI Act. The Duty to Publish index Report Card on RTI compliance of States' published by CCS shows that on an average the state provides less than a third of the information required.
    Section 4 is the most important part of the RTI Act. It enables even the most poorest in society to access information, they may otherwise be afraid to ask for. In many instances, even the State inforamtion commissions are not taking cognizance of these lapses and pull up the authorities for denying the people information sought by them. They have the power to do so under Secion 19 of the Act. As per Section 4 of RTI Act it is proactive disclosure or the Govt's duty to publish inforamation. It makes obligatory for all public authorities at every level of govt to provide essential details about their functioning. The section also makes mandatory for them to publish details about budgets, subsideis, licenses and projects as well as contact inforamtion of their public information officers. But we go through almost 90% of the websites have not provided the above mentioned details. You go through we don't talk in detail the simple point that is names, designations or contact inforamtion of their public information officers are not being provided.
    PIOs of the concerned departments should provide information to the public for the fair implementation of the RTI Act, 2005
    Rajneesh Madhok
    B-xxx/63. Nehru Nagar,
    St. No. 2, Railway Road,
    Phagwara-144401 (Pb)
    Last edited by ganpat1956; 19-05-09 at 08:38 PM.

  3. #19
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    C J Karira
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Neeraj,

    Just file a simple First Appeal praying the FAA to ask the CPIO to justify his denial of information as mandated in Sec 19(5) of the RTI Act. Also pray for personal hearing during second appeal and ask the CPIO during the hearing as to:

    1. Why he considers 1,3,4 and 5 as not "information"
    2. Regarding information already available on website, there are several CIC decisions that even if information is on the website, the PIO must provide it to the applicant. (http://www.rtiindia.org/forum/14471-...formation.html). India has a population of 1200 Million but only 47 Million are internet users ! What will the rest do ?
    3. If you refer to the suo-motu disclosure of that department here: RIGHT TO INFORMATIONLegislative Department, some of the information is outdated. For example the salary details are of October 2006 and February 2006/March 2007 ! We are now in May 2009.
    4. The budgetary allocations are of 2006-07
    5. The last report submitted by the department under Sec 25 of the RTI Act 2005 is of Jul-Sep 2008. Even that report does not have a date.
    6. Please go through that document in detail and you will find many such outdated information. Check few of the telephone numbers at random.....
    7. It is difficult to imagine that a department does not take any administrative or "quasi judicial" decisions ever. Just check with someone working in the Government and they will clarify to you.

    The reply of the PIO is very casual.
    Twitter: @cjkarira

  4. #20
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act



    As per Sec 4(1)(b), every PA is required not only to publish information related to proactive disclosure but also update it on an annual basis.

  5. #21
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Quote Originally Posted by sandeepbaheti View Post
    As per Sec 4(1)(b), every PA is required not only to publish information related to proactive disclosure but also update it on an annual basis.
    Sandeep,

    Actually it has to be updated at "regular intervals":

    4(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.

    If you are referring to "every year" at the end of Sec 4(1)(b)(xvii), that only applies to the other information that is prescribed to be published.

    In any case the information has to be kept updated.
    What is the use to suo-motu declare information that is stale ?
    This only forces the applicant to file a application for information under Sec 6(1) of the RTI Act.

    It is the DoPT which has misinterpreted this part of the Act and said that it should be done yearly. The DoPT circular, available here: http://www.rtiindia.org/forum/3372-d...n-sec-4-a.html is the one that states "yearly intervals".

    Besides, there are guidelines for Government websites, available here: http://www.rtiindia.org/forum/7397-g...t-offices.html :

    Content Managers (US Level Officers or Section Heads) are responsible for regular updation of the site after approval of the Content Administrator (Directors/Deputy Secretaries).

    Sec 6(vi) of those guidelines also says:

    Content Manager will visit and update the website at least thrice a week.


    But no one follows DoPT circulars or Guidelines.
    Last edited by karira; 20-05-09 at 09:55 AM.
    Twitter: @cjkarira

  6. #22
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Thanks to you all for your guidance,

    I will definetly file a first appeal after studing what proactive disclosures their website is still missing. It is painfull to see that law ministry itself is not following the law.

    Actually they are irritated with me as they knew in another RTI for inspection of records they are surely be punished for denying me inspection of records and i have ample proofs to prove that the concerned file was with the Law Ministry itself at the time of inspection.

    Thanks Again.
    Neeraj

  7. #23
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    DIT
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    Thumbs up "Proactive Disclosure Campaign under Section of 4 of RTI Act"


    Dear Kushal Sir Following LInk is not present
    It shows URL not Found
    "<A onclick="pageTracker._trackPageview ('/outgoing/http_www_rtiindia_info_download_p13_sectionid_1_p13_fileid_5');" href="http://www.rtiindia.info/download/p13_sectionid/1/p13_fileid/5" target=_blank>Proactive Disclosure Campaign under Section of 4 of <ACRONYM title="Right to Information">RTI</ACRONYM> Act"
    Please reply.

  8. #24
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    ambrish
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    Re: Discussions: Proactive Disclosure campaign under Section 4 of RTI Act


    Dear Balasaheb

    Please find the link here: http://www.rtiindia.info/downloads/p...1/p13_fileid/5

    regards



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