Friday, December 10, 2010

[rti4empowerment] objections to proposed RTI rules

 

Mr. R.K. Girdhar

US(RT1)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel Training

North Block, New Delhi-110001

usrti-dovt@pic.in

File No. 113512008-IR

 

Dear Sirs, I

 had objection to following points.

Point1.

Proviso of Rule 4. Request for Information:

 

Provided that the request for information shall relate only to one subject

matter and shall be limited to two hundred and fifty words, excluding the address

 

Reason of Objection.

  1. It is better to explain the matter , so that PIO is better place to provide information. E.g. drat rules upto Rule 2(b) contains 270 words. In simple words RTI Request is limited to one page.
  2. Secondly , when all the information is priced , why restriction on seeking information. It will encourage multiple applications and load of postages unnecessary.

 

Point 2 objection

5. Fees for providing information: Fee for providing information under

 

Point 2.1

(d) for inspection of records, no fee for the first hour; and fee of rupees five for each subsequent hour (or fraction thereof);

Reason for objection

Inspection fee is increased without assigning any reasons. Most of the time inspection is needed , when PIO avoid providing correct and concise information.

By this increase Citizen is penalized for the fault of Public Information Officers.

Point 2.2

 

(e) for information provided in diskette or floppy, rupees fifty per diskette or

floppy;

Reason for objection

Now a days diskette or floppy are not in use. Therefore, kindly place in their place DVD / CD.

 

Point 2.3

 (g) the actual amount spent by public authority on hiring a machine or any other equipment, if any, to supply information;

(h) Postal charges, in excess of rupees ten, if any, involved in supply of

information.

 

 

Reason for objection

Most of the recent scam came to Public Knowledge due to Public taking information under RTI Act. This increase in fee through this channel is for protecting the corrupt officials, through this point PIO may demand extra ordinary amount for the information (even covered in Section 4 of RTI Act). It is common knowledge 90% of Public Authority had not complied the proactive disclosures in spirit till date. Al though this requirement of law since last 9 years.

 

Point 2.4

Provided that no Fee shall be charged under this rule from the persons who

are below poverty line as may be determined by respective State Governments.

Reason for objection

Restricting clauses to respective State Government for BPL is not valid. Citizen belong to Country not to a State. By this point, Right of Citizen is reduced and it is against law of land.

 

Point 3

Rule 11. Admission of appeals:

(2) The Commission shall not admit an appeal unless it is satisfied that the

appellant had availed of all the remedies available to him under the Act.

 

Reason for objection

Restricting clauses is without valid reasons. Sometime it was not proper or possible to comply all the conditions. It reduces the Power of Commission and interference in Justice administration.

 

 

With regards

 

RAKESH KUMAR GUPTA

102 S F S FLATS DDA,  C & D Block Shalimar Bagh

Outer Ring Road, New Delhi-110088.

PHONE: 2749-3675, 2749-3664, 98110-79436,

E Mail : snehcs@gmail.com

 

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