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

Dear Sarbajit,

This is the main point I was trying to make. Government depts. cannot afford to follow Jesus's advice in the Bible: "Do not let the left hand know what the right hand gives". On every issue that goes to Cabinet concerned Depts. muct coordinate. This is a minimum requirement under the Transaction of Business Rules. No proposal should go to the Cabinet unless okayed by the committee of secretaries. I do not know if this procedure is followed in Karnataka.

The RTI Act sets up a general regime of transparency. Minimum commonsense requires that the administrative department be consulted on matters falling within its jurisdiction. If it is true that the DPAR has not been consulted as Veeresh alleges then something is not right with the administration of RTI in that state. The original RTI rules were issued under section 27 and subsequently amended in 2006 and in 2008 when the 150 word limit was brought in - all done under section 27. Now why this sudden attraction for powers under section 28? Of course we do not know who all were involved in the decision-making process. The minimum courtesy which Karnataka normally follows- placing the draft Rule in the public domain for comments was also not done in this case. So questions must be raised regards propriety of procedure as it sets bad precedents. However I agree with you that there is no problem with the content of the Rule istelf, except for a typographical error.

Thanks

Venkat

From: rti_india@yahoogroups.com [mailto:rti_india@yahoogroups.com] On Behalf Of sarbajitr
Sent: Wednesday, December 16, 2009 12:23 PM
To: rti_india@yahoogroups.com
Subject: [rti_india] Re: KARNATAKA AMENDS RIGHT TO INFORMATION RULES -DUMPS PUBLIC DISCLOSURE ACT

Dear Veeresh

What is your grievance with these *ADDITIONAL* Rules which do not in any way affect existing section 4 disclosure?

You may note that these are

a) Notified under 4(1)(b)(17) to EXPAND the scope information
b) Notified by the Competent Authority u/s 28 and not the appropriate Govt u/s 27

Sarbajit

--- In rti_india@yahoogroups.com, veeresh bellur <veeresh_bellur@...> wrote:
>
>
> Â
> Karnataka Government Dumps Public Disclosure Act but amends Karnataka Right to Information Rules to make provisions proposed under Public Disclosure Act.
> Â
> In a strange developmentÂ 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.Â This was disclosed during the National Conference of JNNURM held at Vigyan Bhavan, New Delhi recently.Â 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.Â ItÂ is learnt that even the Karnataka Information Commission was also kept in dark in the matter.Â 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.
> Â
> In the recently held National Workshop on Community Participation Fund under JNNURM Scheme held at Delhi where Mahithi Hakku Adhyayana KendraÂ was represented byÂ its Trustee Veeresh Bellur, many participantsÂ demandedÂ clarification on proposed Public Disclosure Act as it overrides some of Â the provisions of the Right to Information Act, 2005.Â Karnataka State is the First Government to implement the Provisions ofÂ Public Disclosure Act by amending its rules under Karnataka Right to InformationÂ Rules, 2009.
>
> Â
> GOVERNMENT OF KARNATAKA
> Â
> NO. UDD;92 CSS;2009Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â KARNATAKA GOVERNMENT SECRETARIAT
> Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â VIKASA SOUDHA
> Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â BANGALORE DT.26.11.2009
> Â
> NOTIFICATION
> Â
> 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:
> Â
> 1. Title and commencement:Â (1)Â These rules may be called the Karnataka Right to Information (Disclosure of Information by Authorities Providing Municipal Services) rules, 2009.
> (2)Â It shall come into force at once.
> 2. Definitions:Â (1)Â in these rules, unless context otherwise requires,-
> (a)Â Act means the Right to Information Act, 2005 (Central Act 22 of 2005).
> (b) â€˜Disclosure of informationâ€™ means disclosure of information as enumerated in the schedule.
> (c) â€˜Authoritiesâ€™ means,-
> i)Â 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)Â 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)Â â€˜Scheduleâ€ means schedule of the Act.
> e)Â â€˜Sectionâ€™ means section of the Act.
> Â
> (2)Â Words not defined under these rules but defined in the Act shall have the same meaning assigned to it in the Act.
> Â
> 3.Â Disclosure of Information by Public Authorities.-Â (1)Â 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.
> Â
> (a)Â Â Â Â 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)Â Â Full disclosure of all information on the website of the local authority;
> (c)Â Â Â Notice board of the Local Authority;
> (d)Â Â Notice board of Ward Offices, if any;
> Â Â Â Â (2)Â Any other mode, as may be prescribed, by the State Government under the Act, or by notification issued from time to time.
> Â Â Â Â (3)Â The Public Information Officer (PIO) designated under RTI in the related Public Authorities will be responsible for disclosure of information under these rules.
> Â
> BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA
> Â
> (SÂ RENUKARADHYA)
> UNDER SECRETARY TO GOVERNMENT,
> Â URBAN DEVELOPMENT DEPARTMENT.
> Â
> Â
> Â
>
> Â
>
> B.H. VEERESHA
> MAHITHI HAKKU ADHYAYANA KENDRA
> 54, 17TH CROSS, M C LAYOUT
> VIJAYANAGAR, BANGALORE 560 040
> TEL.NO. 9448704693
>
>
> The INTERNET now has a personality. YOURS! See your Yahoo! Homepage. http://in.yahoo.com/
>