Please refer to No 1/6/2011-IR dated June 1 2011. My comments are enclosed
on effective implementation of RTI act.
1. The paucity of funds is major constraint in implementation of
section 4 of the RTI act. A part of funds released under various
schemes/projects should be meant for publishing of information related
to that scheme (including date of release, purpose of release,
particulars of beneficiaries). Unless this information is published,
the funds for next installment must not be released.
2. Special funds for computerization of records need to be provided
with definite time frame for such computerization. This is compulsory
as the implementation of section 4(1)(a) is subject to availability of
resources (as per act).
3. The common public is a major sufferer in non implementation of
section 4(1)(d). Each department should be directed to make
information related to status of applications available on its
website. Non implementation of section 4(1)(d) should be made
punishable under the act.
4. The Head of Public authority should be held accountable for
implementation of section 4. This needs to be reflected in his
ACR/assessment report.
5. The commissions have no power to impose penalties for non
implementation of section 4. Suitable changes in the RTI act to this
effect can be recommended.
6. The prerequisite for release of funds should be implementation of
section 4. A certificate of Head of Public authority must be taken in
the matter and this certificate be published online so as to allow
general public to participate in government functioning.
7. A separate cell in each ministry/department must be established for
implementation of section 4. The details of officer managing this cell
must be available online to allow public to send feedback.
Enhancing the scope of information to be published under section
4(1)(b)(xvii) of the RTI act.
The following items may be added to section 4(1)(b)(xvii)
(i). Reports of the various departments (including action taken)
related to presence of illegal beneficiaries (including details of
each individual illegal beneficiary) of various government schemes
must be published under this subsection. This step will go a long way
in ensuring the participation of common man in effective
implementation of these schemes.
(ii). Audited Account books and financial statements should be
published under section 4(1)(b)(xvii). This will ensure that the
general public gets to know of the public spending/fund position.
(iii). Score cards awarded to individual candidates for public posts,
merit lists and Bio-data submitted by each of the candidate.
(iv). Memorandum of understanding/contracts signed between various
departments and service providers such as contractors/consultants
should be added to this subsection.
(v). The particulars of the individuals whose applications are
rejected in various departments with reasons should be published under
this subsection.
(vi). Action taken on complaints related to corruption.
I firmly believe that above information if ordered to be published
will go a long way in enhancing the public participation in
functioning of the government. It will also reduce the burden of huge
number of RTI applications filed by concerned citizens thus increasing
the efficiency of governance.
Thanking you,
Yours sincerely,
Dr. Sandeep Kumar Gupta,
1778, Sector 14, Hisar-125001,
Phone: 91-99929-31181
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