RE: [rti_india] KARNATAKA AMENDS RIGHT TO INFORMATION RULES -DUMPS PUBLIC DISCLOSURE ACT

Dear Veeresh,

Many thanks for bringing this new RTI Rule to our notice. My initial reaction is to wonder at the carelessness in drafting this set of Rules. The definitions section says 'Act' means RTI Act; 'Schedule' means schedule of the Act; 'disclosure of information' means disclosure of information enumerated in the Schedule. Now none of the two schedules of the RTI Act contain anything to do with proactive disclosure. The definition ought to have mentioned 'Rule' instead of 'Act.

the second issue is regards legislative competence. When DPAR is the administrative department for the RTI Act no other department has the authority to notify new rules or amend existing ones. If this were allowed it will only create confusion. What is there for example, to prevent the Forest Department or Agriculture Dept. from notifying their own set of Rules regards fees? It is also worrisome that the KSIC has not been taken into confidence. DoPT at least consults with the CIC regards Rules.

The move to insist on better proactive disclosure is very good. However proper procedure must be followed and there must be due application of mind. Sadly with the quality of governance plummetting in Karnataka in recent years and with Ministers busy with their games of one-upmanship, these kinds of things are bound to happen.

I remember that PRIA works with MOUD in Delhi and told us that there was a proposal to draft a separate law for disclosure of documents of municipal bodies. This was at least 3 years ago. We had discussed with Dr. Tandon that it would not be a good idea to multiply laws that require disclosure of information but bring everything under one regime set up by the RTI Act in order to avoid confusion. There is much value in doing so. However CHRI has not involved itself in any further discussion in this regard. So the reference to 'Public Disclosure Act' comes as a surprise. Please let me know if this is a state legislation or if it is a draft legislation. I could not find anything online. I have copied this email to Muralidhar of CREAT, Dr. Tandon and Vikas at PRIA to keep them informed.

I think it would be useful to get the Karnataka Information Commission on board to sort out the confusion created by this new Rule. I believe the Schedule appended to the Rule Notification is not traceable. I have asked Muralidhar to go to the Karnataka Govt. Press sales counter and buy some copies using the notification number and date given in your email.

Thanks

sincerely,

Venkat

From: rti_india@yahoogroups.com [mailto:rti_india@yahoogroups.com] On Behalf Of veeresh bellur
Sent: Wednesday, December 16, 2009 6:32 AM
To: humjanenge; rti india; Karmayog.org
Cc: vikram simha; kria yahoogroups; JSD PANI; MISRA KK CIC
Subject: [rti_india] KARNATAKA AMENDS RIGHT TO INFORMATION RULES -DUMPS PUBLIC DISCLOSURE ACT

Karnataka Government Dumps Public Disclosure Act but amends Karnataka Right to Information Rules to make provisions proposed under Public Disclosure Act.

In a strange development Karnataka Government implemented the provisions proposed under Public Disclosure Act by amending Karnataka Right to Information Rules now being called Karnataka Right to Information (Disclosure of Information by Authorities Providing Mun icipal Services) Rules, 2009. This was disclosed during the National Conference of JNNURM held at Vigyan Bhavan, New Delhi recently. A Notification has already been issued by the Urban Development Department without consulting DPAR (Janaspandana) which is the nodal agency for implementation of Right to Information Act, 2005. It is learnt that even the Karnataka Information Commission was also kept in dark in the matter. However the Notification issued by the Government by including the provisions proposed under the Public Disclosure Act makes Local Bodies and Urban Local Bodies to be more transparent in their administration.

In the recently held National Workshop on Community Participation Fund under JNNURM Scheme held at Delhi where Mahithi Hakku Adhyayana Kendra was represented by its Trustee Veeresh Bellur, many participants demanded clarification on proposed Public Disclosure Act as it overrides some of the provisions of the Right to Information Act, 2005. Karnataka State is the First Government to implement the Provisions of Public Disclosure Act by amending its rules under Karnataka Right to Information Rules, 2009.

GOVERNMENT OF KARNATAKA

NO. UDD;92 CSS;2009 KARNATAKA GOVERNMENT SECRETARIAT

VIKASA SOUDHA

BANGALORE DT.26.11.2009

NOTIFICATION

In exercise of the powers conferred by sub-clause ()xvii) of clause (b) of sub-section (1) of Section 4, read with section 28 of the Right to Information Act, 2005 (Central Act 22 of 2005) the State Government hereby makes the following rules, namely:

1. Title and commencement: (1) These rules may be called the Karnataka Right to Information (Disclosure of Information by Authorities Providing Municipal Services) rules, 2009.

(2) It shall come into force at once.

2. Definitions: (1) in these rules, unless context otherwise requires,-

(a) Act means the Right to Information Act, 2005 (Central Act 22 of 2005).

(b) ‘Disclosure of information’ means disclosure of information as enumerated in the schedule.

i) A Municipal Corporation constituted under the Karnataka Municipal Corporation act, 1976 (Karnataka Act 14. Of 1977) or a City Municipality or a Town Municip0ality and a Town Panchayat constituted under the Karnataka Municipalities Act 1964 (Karnataka Act 22 of 1964) and such other institutions or committees of self government constituted under article 243Q of the Constitution of India, such other authorities providing municipal services.

ii) Such other authorities, institutions or committees by whatever name called providing municipal services specified in the twelfth schedule of the Constitution of India and such other obligatory municipal services as provided in the Karnataka Municipalities Act 1964 and the Karnataka Municipal Corporations Act 1976, as the State Government may by notification specify.

d) ‘Schedule” means schedule of the Act.

e) ‘Section’ means section of the Act.

(2) Words not defined under these rules but defined in the Act shall have the same meaning assigned to it in the Act.

3. Disclosure of Information by Public Authorities.- (1) The Public Authorities specified in Column(2) of the schedule shall disclose the information as specified in column (3), at such level as specified in column (4) and at the periods specified in column (5) as provided in the Act after a period of one year from the date of coming into force of these rules.

(a) A summary of the information disclosed in at least one newspaper circulated in the district providing the address of the office, website and/or e-mail and other contact details where full information may be accessed;

(b) Full disclosure of all information on the website of the local authority;

(d) Notice board of Ward Offices, if any;

(2) Any other mode, as may be prescribed, by the State Government under the Act, or by notification issued from time to time.

(3) The Public Information Officer (PIO) designated under RTI in the related Public Authorities will be responsible for disclosure of information under these rules.

BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA

(S RENUKARADHYA)

UNDER SECRETARY TO GOVERNMENT,

URBAN DEVELOPMENT DEPARTMENT.

B.H. VEERESHA
MAHITHI HAKKU ADHYAYANA KENDRA
54, 17TH CROSS, M C LAYOUT
VIJAYANAGAR, BANGALORE 560 040
TEL.NO. 9448704693

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