[rti_india] RTIFED UPDATE: Rules to kill RTI : its too Serious to be ignored [2 Attachments]

[Attachment(s) from Surendera M. Bhanot included below]

Dear Members and RTI Crusaders,

Following message has been received from Commodore Lokesh. K. Batra (Retd.) <batra_lokesh@yahoo.com> on Mon, Aug 13, 2012 at 5:07 PM raises important question of propriety as well law. Your comments are invited on the issue so as a combined action may be initiated for the withdrawal of this Notification dated 31 July 2012 amending the Central RTI Rules.

Rules to kill RTI : its too Serious to be ignored

May be govt has not posted the Notification on RTI Rules 2012 since Parliment is in session and Section 29 of the RTI Act requires government to place the Notification in Parliament and get it passed. (Check on that).

Having sent you few posts giving my observations after just initial browsing of 2012 RTI Rules.

I once again went through and realised that 500 words and Postal Fee are relatively lesser issues viz. "Appeal to Commission".

I already said that the 'Presence of Appellant before the Commission has become mandatory if one does not have facilities for Video conferencing or find some one to represent him/her befor commission in Delhi. We know how many of Aam Aadmi can avail this living across the length and breath of our country. And what about 'Indian Citizens' Abroad'

Now Poor 'Aam Aadmi' to Face Tigers from Public Authority

Let us compare existing Rules Viz 2012 Rules 12 and 13 to find out how every change has gone against 'Aam Aadmi' an in favour of 'Public Authority'

Existing Rule (7)

"7. Personal presence of the appellant or complainant. - (1) The appellant or the complainant, as the case may be, shall in every case be informed of the date of hearing at least seven clear days before that date.

(2) The appellant or the complainant, as the case may be, may at his discretion at the time of hearing of the appeal or complaint by the Commission be present in person or through his duly authorized representative or may opt not to be present.

(3) Where the Commission is satisfied that the circumstances exist due to which the appellant or the complainant, as the case may be, is being prevented from attending the hearing of the Commission, then, the Commission may afford the appellant or the complainant, as the case may be, another opportunity of being heard before a final decision is taken or take any other appropriate action as it may deem fit.

(4) The appellant or the complainant, as the case may be, may seek the assistance of any person in the process of the appeal while presenting his points and the person representing him may not be a legal practitioner."

In Rule 12. of RTI Rules 2012 the Appellant has been deprived of option of 'Not to be Present'.

If that was not enough, in New Rule 12 the Provision for "Appellant to seek Assistance" has been withdrawn."

Earlier during Commission's hearing CPIO and at most First Appellet Authority" (FAA) defending the case.

New Rule 13 empowers Public Authority to authorise any representative (probably it means Legal Pandits) or any officer to defend CPIO & FAA.

Under RTI Rules 2012 : "Aam Aadmi has been dis-armed to face tigers of Public Authority"

This is the easy way Government found to "KILL RTI ACT"

To enable you to compare RTI Act viz Existing Rules viz. Proposed Rules (now approved), I am attaching a pdf file consisting of my comprehensive 'Analyses on Proposed Amendment to RTI Rules' that I had sent to DoPT in December 2010. To understand the finer points.......you may go through Page 15 onwards covering "Appeal Part". Time permitting you may browse the ealier pages too.

Also attached is RTI Rules 2012 notification for ready reference.

Government without caring for what People said have Bulldozed their way in framing RTI RULES 2012.

Raise your Voice before it is too late (before Parliament clears new Rules)

Regards,

Commodore Lokesh Batra (Retd.)

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----- Forwarded Message -----
From: lokesh batra <batra_lokesh@yahoo.com>
To:
Sent: Monday, August 13, 2012 10:42 AM
Subject: My take : 2012 RTI Rules

On the eve of Independence Day; government curtails people's Freedom to Know (Information).

21 months ago, on 10 December 2010 Government seeks Citizens' Comments on "Proposed Amendment to RTI Rules".

Thousands of people participated in this process by sending their valuable comments.

Within days of receiving People's Comments, DoPT informs me that the folder containing Peoples' Comments is missing. 21 months later it is still missing.

Notwithstanding, Government goes ahead and Secretly promulgate amendment to RTI Rules and call it "RTI Rules 2012", amounting to diluation of the RTI Act.

Asking peoples' Comments which are thrown into drain is nothing but a 'Cruel Joke on Indian Citizens'

Specific comments are given in post below in trail.

One additional point.

Under Rule 13 of RTI Rules 2012, CPIO are exempted to attend CIC hearing thus diluting the responsibility and accountability of CPIO mentioned in Section 19(5) of the RTI Act, 2005.

Jai Hind

----- Forwarded Message -----
From: lokesh batra <batra_lokesh@yahoo.com>
To:
Sent: Saturday, August 11, 2012 9:18 PM
Subject: Urgent: 2012 RTI Rules attached

Further to my earlier post of today.

I am attaching a pdf file on G.Notification on RTI Rules 2012 dated 31 July 2012 (not attached)

Beside 500 word restriction and postal charges beyond Rs.50/- .

Following observation made:

(a) If the appeal to CIC has discrepancy.. it will be returned to Appellant for completion and return.

(b)First Appeal is mandatory. (My take : What happens to Section 18 about complaints)

(My take: Either you find some one to represent you or have video facility ... you have to attend 2nd appeal... will it be possible for people living across the country and even abroad? Its a cruel joke on people).

If you go thru RTI Rules mailed in earlier post... you may find more areas of concern.

You may recap the sequence by going thru my earlier posts in the trail.

Commodore Lokesh Batra (Retd.)

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RTI RULES Amended

Recall I had issued ALERT on the subject on 15 July 2012 (see my post in trail with few attachments):

Remember 18 months ago on 10th December 2010, DoPT had promulgated "Proposed Amendment to RTI Rules" that generated lot of heat. Than there was deafening silence.

Till DoPT replied to my recent RTI of 07 June 2012 that file is with PMO since 11 January 2012. On 11 July 2012 I filed an RTI in PMO to know more about it. Rest is history.

After I filed an RTI in PMO on 11 July 2012 (where the file was held since 11 January 2012 for PM nod) Govt moved fast and promulgated Amendment to RTI Rules. (RTI response from PMO still awaited. Now CPIO will tell me file is back in DoPT.)

At this stage I sent my ALERT post : Are we going to get sudden Announcement of "RTI RULES Amended" ?

YES IT HAS COME TRUE

(Read HT Story of 11 August 2012 below)

http://www.hindustantimes.com/India-news/NewDelhi/Govt-puts-limits-on-your-right-to-information/Article1-911648.aspx

Govt puts limits on your right to information

Aloke Tikku, Hindustan Times
New Delhi, August 10, 2012

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----- Forwarded Message -----
From: lokesh batra <batra_lokesh@yahoo.com>
To: xxxxxx

Cc: xxxx

Sent: Sunday, July 15, 2012 7:09 PM
Subject: ALERT: What's RTI Rules file doing in PMO?

ALERT :What's RTI Rules file doing in PMO?

I filed an RTI on 07 June 2012 in DOPT to know the status of "Proposed Amendment to RTI Rules" promulgated by DoPT on 10 December 2010.

DoPT in response intimated:

(a) DoPT File on "Proposed Amendments to RTI Rules" is in PMO since 11 January 2012.

(b) The folder on the subject containing Citizens' Suggestion on "Proposed Amendments to RTI Rules" is missing in DoPT. This was told to me even over a year ago when I went to inspect said file on 18 February 2011

I have since filed an RTI in PMO on 11 July 2012. (See Attachment PMO RTI (Rules) dt 11 July 2012.

LETS BE ON ALERT: Are we going to get sudden Announcement of "RTI RULES Amended" ?

{Commodore Lokesh. K. Batra (Retd.)}

Social & RTI Activist

BringChangeNow

Phone :0120 – 2538939

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GREETINGS AND WARM REGARDS

Surendera M. Bhanot
- Coordinator, RTIFED, Punjab Chandigarh

- President, RTI Help & Assistance Forum Chandigarh

- Life Member, Chandigarh Consumers Association
- Youth for Human Rights International - YHRI - South Asia
- Jt. Secretary, Amateur Judo Association of Chandigarh
- Member, SPACE - Society for Promotion and Conservation of Environment, Chandigarh
No. 3758, Sector 22-D, Chandigarh-160022
Mob: 919-888-810-811
PHONE: 91-172-5000970
FAX: 91-172-5000970
Mail Me

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Attachment(s) from Surendera M. Bhanot

2 of 2 File(s)