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  1. #73
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    Re: Suggestion for improvement of RTI Act and it's functionality


    It is not comparisn between two taurus it is the comparisn between system. Our system has to be reviewed penalty only is not the solution.
    Govt says there is no money to pay salary, but I can say suppose there is an advertisement Some posts are there people will be ready to serve without any salary because so much income is there in those posts only. Hence fine is not the solution. Disciplinary action is must for discipline.


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  2. #74
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    Sandeep Baheti
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    Here are my suggestions:
    1) Do away with the system of SPIO's and CPIO's. All will be just PIO's irrespective of whether they fall under state government or central government.
    2) With the implementation of above suggestion, the state RTI rules can be scrapped and only central rules for fees etc. will prevail all over India.
    3) Do away with the concept of FAA. This proves to be a wastage of time and effort in 90% cases.
    4) Establish district information commission for every district. All complaints/appeals should go directly to district commissions.
    5) Any person aggrieved by district commission's judgement shall appeal to SIC.
    6) Any person aggrieved by SIC's judgement shall appeal to CIC. CIC shall thus become an apex body of SICs.
    7) Any person aggrieved by CIC's judgement may directly go to Supreme Court.
    This structure is suggested following the system under Consumer Protection Act which is working on similar lines and is working well.

    Further the CIC/SIC should get the power to decide appropriate amount of fine. At present the fine is fixed at Rs 25,000 (as it almost always takes more than 100 days) and CIC/SIC only has the option of either imposing this fine or not imposing it. If the CIC/SIC thinks the fine is too heavy it doesn't impose it.
    If they are given power to decide the amount of fine they can impose smaller fine on more regular basis which will actually act as a deterrent for the PIO.

  3. #75
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    mahendra sharma
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    Re: Suggestion for improvement of RTI Act and it's functionality


    dear sandeepbaheti,
    yr exerise is very good and take very important part for improvment of RTI stracture.
    pl/rejoint it _
    1- cic/scic iposed fine on FAA if PIO failed to provide information.so FAA take active roll in this act. change in act.
    2- why not give power to FAA for imposing fine to PIO ?
    3- compulasry fine if information not given in 30 days. no excuse for this. i think 90% case solved if this line add to act.
    4- quartly department wise monitering at state/center nodel agency and who has bad graph their FAA & HOD will be compulsary panalised. the result also published in news paper.

  4. #76
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    Re: Suggestion for improvement of RTI Act and it's functionality



    "What it is viewed on TV we may ask question through telephone and what it is on papers we may ask through post offices" The post offices may be appointed as nodal agencies for every work of RTI as post offices having network in rural area also. We may submit RTI application in post office, the required information may be delivered through post offices. So many departments are trying to avoid RTI applications through post offices and avoiding RTI applications by creating hurdles.

  5. #77
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    Re: Suggestion for improvement of RTI Act and it's functionality


    i find that most of the suggestions are from the public side. Being a PIO myself, i feel that the improvements are required from the point of view of a PIO too.
    in my day to day work i find some very absurd applications too. Working in a department which relies heavily on commercial confidences, i find many applicans asking for information regarding the competitors and the overall business. of course in many cases we deny such applications but is it not that replying to such applications takes a lot of time. some thing needs to be done to make the applicants more responsible too. after all RIGHTS cast on us some DUTIES too.

    in governement offies there are some other pressing things to be done too. hence the luxury of taking some time, in case of emergencies, should be given to the govt officers too. of course for getting some time the PIO may need to seek some time from Appellant Authority. afte all bad shaped information is worse than no information. let me make my point clear by giving an example. supppose, some body asks some information regarding some file in the office of DM who is engaged in flood relief. will it not be better to give him some time for replying the application in view of the emergency which has arised in his jurisdiction. the RTI Act should be amended in the way that information has to be provided within 30 days but with the permision of the AA, the time limit may be extended by 30 more days, provided pressing situations are there. the aplicant should be informed about the pressing situation.

    thirdly, the objective of the information also be asked for. this will help the oficers in giving proper information. its not everybody's case to ask for any and all information. if the intent of the information is not clear or is not in public ineterst, the information may be denied, since it is the public interest that comes first.

    fourthly, postal charges for sending the information must also be charged. apart from this, the time spent by the officers in making information available should also be charged. people tend to misuse that is available to them free of cost. and there can not be denying the fact that it is taking place. infact pseudo rti-applicants should be weeded out.

  6. #78
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    Re: Suggestion for improvement of RTI Act and it's functionality


    Hi Sanjeev,
    The solution for the problem of overburden is provided in Sec 5(1) itself:

    "Every public authority shall, within one hundred days of the enactment of this Act, designate as many officers as the Central Public Information Officers or State Public Information Officers, as the case may be, in all administrative units or offices under it as may be necessary to provide information to persons requesting for the information under this Act"

    If there is problem of overburden then the PA should appoint more PIOs either temporarily or permanently. In your DM example, the PA can simply appoint another officer as PIO till the time the DM is busy.
    This is my general opinion for all PAs. Nothing personal about it.

    Regarding postal charges I agree with you. It is already being done in many states.

  7. #79
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    Re: Suggestion for improvement of RTI Act and it's functionality


    I dont think officers are not misusing powers? Many PIO are not giving the information which they ought to give and they take shelter of the various act to delay the process and it is making the situation more complicated and citizens are going for appeals. If the information sought is given sincerely, then I think the appeals will be drastically reduced. This act has taken birth only because few officers denied information which should not have been denied at the behest of secrecy act, through which britishers controlled India. THe secrecy Act was also misused and the result RTI Act and now few officers are making hue and cry of its misuse. I know offices at orissa arranges fooding for hundreds during the visit of Ministers. So if some amount is being spent towards postages is of no harm.As per my opinion Postages and the information cost should be borne by the Offices, after all it is the money of tax payers.

  8. #80
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    Re: Suggestion for improvement of RTI Act and it's functionality


    Quote Originally Posted by hkdubey View Post
    1. Now days most of the banks are Core Banked and as it is mandatory to publish the names of PIO, APIO in there sites it should be mandatory to publish the account number of the organisation so taht fees can be deposited by transfer or net banking or mobile banking.
    2. It should be also mandatory for organisation to publish the names and how one can use RTI in News papers/ TV channels to make public aware as the insurance Co and Bank publish Ombudsman facility for customer grievances.
    3.Till now we are not independent. British has left India but now days we are ruled by Indians as British were ruling us so it is duty of Government to make aware the citizens that we have aright to know what is happening in offices and there should be provision in the act to penalise the PIO, APIO Heavily, if they are neglecting in performing in their duty of giving information
    3.
    Such a wonderful observation dubey! Perhaps the babus are cashing in on the inherent nature of indians to be ruled over and are donning the same cloak that the British did. It will take a great attempt by us indians to shake off this lathargy and begin to demand our rights no matter what.

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