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

Dear SArbajit,

Many thanks for sending methis report. I have already read it and have been mentioning it in officertraining workshops. However there is a different between Public Disclosure and Public Interest Disclosure. The Union Urban Development Ministry I know was working on a draft law to provide for proactive disclosure in municipal bodies for some years now. I think that is what Veeresh is referring to. There is no connection between Public interest disclosure whichis essentially a whistleblower law and the new Rule brought in Karnataka. I have learnt just now that the Rule notification has just gone to the press for printing.

thanks

Venkat

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

Dear venkatesh

http://lawcommissionofindia.nic.in/reports/179rptp1.pdf

Sarbajit

--- In rti_india@yahoogroups.com, "Venkatesh Nayak" <venkatesh@...> wrote:
>
> 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.
>
>
> (c) 'Authorities' means,-
>
>
> 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;
>
>
> (c) Notice board 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
>
> _____
>
> The INTERNET now has a personality. YOURS! See your Yahoo! Homepage
> <http://in.rd.yahoo.com/tagline_yyi_1/*http://in.yahoo.com/> .
>