Without adhering 'Section 4' RTI act remains an Illusion

EARLY TIMES, JAMMU. APRIL 18, 2012

http://earlytimesnews.com/newsdet.aspx?q=92229

Without adhering 'Section 4' RTI act remains an Illusion

RAMAN SHARMA                                                                                                                               Three years later, when we make a critical analysis of

the implementation of Right to Information Act in Jammu
and Kashmir, may be on a cursory look, we find many reasons to appreciate the state legislature, government, bureaucrats, State Information Commission and of course the dedicated RTI volunteers and the RTI applicants for their contribution to strengthen this act in the state because now almost each day we find one or two major news items related to RTI activities in the Newspapers and every time the Chief Minister and his colleagues patting their back for implementing this act. But if this scribe who is also an RTI volunteer is given an opportunity to evaluate the state government's seriousness in implementing the RTI act in letter and spirit, then honestly he may not be able to give more than 3 out of 10 points to the state government.
As per latest data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments out of more than 150 Public Authorities are fully adhering the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral's Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the deputy commissioner's offices of the state are amongst the top defaulters that are not adhering and honoring all the provisions of the transparency law, i.e. Jammu and Kashmir Right to Information Act 2009. However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which bounds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a government office, a directory of officers and employees, the manner of execution of subsidy programs, amount allocated and the name of each beneficiary of a scheme. The government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons, the provisions of the act also say that the government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert advocate, Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act, he informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the government in implementation of the act, Shiekh Shakeel, said "Without adhering 'Section 4' RTI Act will remain an Illusion".
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experiences with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this act came into existence (counting from 20th March/2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the state government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and Websites in local languages.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments. So the government departments/institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e. legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
Raman Sharma an RTI activist can be reached [@] JKRTIACT@GMAIL.COM   










JKNEWSPOINT, 18/APRIL/2012
http://www.jknewspoint.com/index.php/forum/41516-without-adhering-section-4-rti-act-remains-an-illusion 

Disqus

DAILY EXCELSIOR, 03/JUNE/2012.

Implement section 4 of RTI Act

Raman Sharma

Three years later, when we make a critical analysis of the implementation of Right to Information Act in Jammu and Kashmir, may be on a cursory look, we find many reasons to appreciate the State Legislature, Government, Bureaucrats, State Information Commission and of course the dedicated RTI volunteers and the RTI applicants for their contribution to strengthen this act in the state because now almost each day we find one or two major news items related to RTI activities in the newspapers and every time the Chief Minister and his colleagues patting their back for implementing this act. However there are certain areas which need to be addressed at the earliest to make it more effective.
As per latest Data posted on Jammu and Kashmir State Information Commission's Website (www.jksic.in), it is more shocking to see that even today (after more than 3 years since RTI) only 12 departments, out of more than 150 Public authorities are fully adhering to the act in toto and yet many Public Authorities and highest offices like Chief Minister's Office, Raj Bhawan, Jammu and Kashmir High Court, J and K's Chief Electoral Office, State Home Department, State Human Rights Commission, State Accountability Commission, State Planning Department, Office of Divisional Commissioner Kashmir/Jammu and all the Deputy Commissioner's offices of the state are amongst the top defaulters that are not adhering to and honouring all the provisions of the transparency law, i.e Jammu and Kashmir Right to Information Act 2009.
However, the above said offices and Public Authorities are somehow providing information to the RTI applicants only when requested but it is worth to mention here that RTI is not all to demand and then provide information. There is a provision in RTI Act which binds the government departments to disseminate much information pro-actively. They should publicly disclose the powers and functions of any officer in a Government office, a directory of officers and employees, the manner of execution of subsidy programmes, amount allocated and the name of each beneficiary of a scheme. The Government departments are also bound to provide reason for administrative or quasi-judicial decisions to affected persons. The provisions of the act also say that the Government departments must also make voluntary disclosure of monthly remuneration received by its officers and employees and the budget allocated to it and so on.
Jammu based renowned legal expert Advocate Shiekh Shakeel Ahmad while interpreting Jammu and Kashmir Right to Information Act termed 'Section 4' as the Crux of the whole act. He informed that there are total 28 sections in the JK RTI Act and the most important or we must say the soul of the Act is section 4 which necessitates every Public Authority to maintain all its records duly catalogued and indexed in a manner and the form which facilitates Right to Information under the Act and it also calls for ensuing computerization of all records within a reasonable time. Showing grave disappointment over the casual approach of the Government in implementation of the Act, Shiekh Shakeel said "Without adhering 'Section 4' RTI Act will remain an illusion.''
Another RTI activist and Convener Sangarsh RTI Movement Sardar Balvinder Singh when asked to share his experience with regard to implementation of the act during past 3 years, he also stressed for proper implementation of Section 4, he informed that all Public Authorities were under legal obligation to implement this section within 120 days from the day when this Act came into existence (counting from 20th March, 2009). He complained and argued that if only section 4 of the act is properly implemented in the state then more than 80 percent RTI applications will be reduced. He said that the State Government should see the model of Gujarat and Rajasthan states where the Public Authorities have voluntarily disclosed most of the information on walls, notice boards and website in local language.
Let all the stakeholders realize the fact that it is collective responsibility of all of us to strengthen the regime of transparency as the preamble of the act itself says that Constitution of India has established democratic Republic and democracy requires an informed citizenry and transparency of information is vital to its functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed and revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments.
So the Government departments/ institutions/commission and Public Authorities that have not been able to fully implement and honour all the provisions of this law yet, must preserve the paramountcy of the democratic ideal and make arrangements for proper implementation of all the sections and sub sections of the Jammu and Kashmir Right to Information Act 2009, because we are living in a country where rule of law prevails and we cannot afford to defy the laws made by none other than our own institutions i.e legislatures.
In conclusion, let us hope that within limited available resources, the concerned Public Authorities do the needful and the people of the state will witness a strong and sustainable regime of transparency and accountability.
(The author is an RTI activist)

WHAT MEDIA SAYS ABOUT THIS BLOG

KATHUA  KESARI, 

WWW.KATHUAKESARI.COM

http://www.kathuakesari.com/archive.aspx?date1=04%2F06%2F2012

Implementing Section 4

                                  
MOST OF THE PUBLIC AUTHORITIES/ GOVERNMENT OFFICES IN JAMMU AND KASHMIR HAVE NOT IMPLEMENTED SECTION 4 OF THE RTI ACT, SECTION 4 IS SEEN AS SOUL OF THE ACT.

   So, it is suggested  to everyone that in order to help to bring the RTI regime in the state, Citizens should file the sample RTI application with the Public Authority to make them to implement section 4 of the Jammu and Kashmir Right to Information Act 2009.

Sample Application.


Here is a sample RTI application,asking a public authority on the progress of his/her institution on Section 4.


To

The Public Information Officer,
________________________
________________________

Sub: Application under Jammu and Kashmir  Right to Information Act 2009

Dear Sir/Madam,

Please provide the following information under Jammu and Kashmir  Right to Information act 2009, I am a resident of the state and initial fees of Rs. 10 is enclosed here with as IPO/Treasury Voucher/Non Judicial Stamp Paper/Demand Draft or Banker’s Cheque vide no…………………

1.     Under Section 4 (1) (a) of the Right to Information act 2005, all public authorities are suppose to maintain all their records duly catalogued and indexed in a manner that facilitates the Right to Information. In this regard, what steps have been taken by the your office to meets its obligation under Section 4(1) (a). Please provide details of steps, mechanisms, process and/or systems adopted by the your office to fulfill this responsibility.

2.     Please provide certified copies of the instructions/ orders etc. received from superior authorities with respect to implementation of the Right to Information act 2005.

1. Under Section 4(2) of the Right to Information act 2005, all public authorities have to *suo motu* disclose information pertaining to their functioning as per the 17 points listed under Section 4(1) (b). In this regard please provide the following information:-

1. Has the your office/department *suo motu* made public, information falling under all the 17 points listed under section 4(1) (b)?

2. If yes, please provide information regarding the medium and format in which the information has been displayed.

3. Is this information easily accessible? Please list the options available to the public to access this information. 

4. What steps has your office taken to provide as much information as possible *suo motu* to the public so that they do not have to apply under section 4 (2) of the RTI Act 2005? Please provide details of steps taken.

5. What steps have been taken by your office to disseminate widely the information w.r.t section 4 (1), in a manner easily accessible to the public? Please provide details of the steps taken for dissemination.

6. Has your office updated the information listed in the 17 points under section 4(1) (b)? If yes, then please provide the dates on which the information was updated, the process undertaken to update the information, the officer(s) in-charge of ensuring that the information is updated and made available under section 4(1) (b).

7. Has your office put up notice boards under section 4 (4) (ref. to explanations), giving the details about the CPIO etc.: in its office, subordinate offices. If yes, then please provide certified copies of office orders sent to the concerned offices and action taken report received from them.

1. Has your office published all relevant facts while formulating policies or announcing decisions that affect the public as required under Section 4(1) (c)? 

1. If yes, then please provide certified copies of notifications, orders, government resolutions, circulars and any other means of communication or documents, files including file notings through which the same was carried out.

1. What steps have been undertaken by your office to ensure that it provides reasons for its administrative or quasi-judicial decisions to affected persons? Please provide details of the process, mechanism and/or systems that are in place to meet this obligation under Section 4(1) (d).

1. With respect to point 3 (g) above, I would like to inspect the said work under section 2 (j) subsection (i) of the RTI act 2005. Please let me know the date, time and venue for the inspection.

The above requested information maybe kindly furnished within the time period of 30 days as provided in section 7. I am depositing Rs. 10 as application fees.
Please do not use any acronym/abbreviations in the reply. The reply should be English under section 7(9) of the RTI act 2005.

If you do not directly deal with this application or a part thereof, kindly forward it to the right PIO under section 6(3) of RTI Act with intimation to me. You are required to do so within 5 days of receipt of this application, as per section 6(3) of the Act.

Thanking You,
Yours Faithfully,

Consumer forum tells PFC to compensate RTI applicant

Rajni Shaleen Chopra,

Chandigarh 73-year-old from Kotkapura complained that Punjab Financial Corp gave him wrong info, gets Rs 50,000 reliefAn RTI applicant who suffered loss due to wrong information given by Punjab Financial Corporation (PFC) has been awarded Rs 50,000 compensation by Chandigarh Consumer Disputes Redressal Forum. Forum President P D Goel and Member Dr Madanjit Kaur Sahota have also directed the PFC assistant public information officer to pay Rs 5,000 to Balraj Kalra, a 73-year-old resident of Kotkapura, Punjab.
In his complaint, Kalra had stated that in June 2011, he applied to the Corporation for some information under the Right to Information (RTI) Act. He stated that by giving wrong information, PFC played a fraud with his wife Parkash Kumari “by selling land which was not owned by it”. Kalra added that on account of the wrong information, his wife had to pay the cost of land plus other expenses amounting to Rs 2.8 lakh to the Corporation. He added that PFC was deficient in service towards him and also guilty of unfair trade practice.
In its reply, PFC stated that Kalra could not be regarded as a consumer of the Corporation. It denied that “wrong or irrelevant/ incomplete information” was supplied to him. PFC denied that any fraud had been played with Kalra’s wife by selling the land of which the corporation was not the owner.
PFC highlighted that the property sold to Kalra’s wife was on lease with Punjab Small Industries and Export Corporation (PSIEC). PFC said that it had only sold the leasehold rights of the property concerned, which is permissible under law.
After considering the case, the Forum observed that going by the statutes of the Consumer Protection Act, Kalra was a consumer of the Corporation. The Forum stated that when PFC sold the land to Kalra’s wife, it was the “lawful duty” of the Corporation to supply information regarding the land as demanded by him.
The Forum noted that instead, PFC supplied him incomplete and jumbled information and he was aggrieved by this action. The Forum held that, hence, PFC had been “grossly deficient in rendering proper services” to the complainant and had indulged in unfair trade practice. In this right, the Forum directed the Corporation to compensate the complainant accordingly.
http://www.expressindia.com/latest-news/consumer-forum-tells-pfc-to-compensate-rti-applicant/935671/

SIC imposes Rs 12,750 fine on Tehsildar

Daily excelsior, 12/April/12

SRINAGAR, Apr 11: The State Information Commission (SIC) today penalized Tehsildar Udhampur (the then Tehsildar Jammu) and imposed a fine of Rs. 12,750 on him as he failed to provide information to an Right to Information (RTI) applicant regarding encroachment/sale of public land of Shishu Samadian situated at Rehari (Pacca Talab), Jammu.

In his decision under decision number SIC-J/Comp-13 Nov/2011-J/65, State Information Commissioner, Dr. S. K Sharma said that Subash Singh Chib, then Tehsildar Jammu has resorted to unreasonable period of default of 51 days and has not provided details to the information seeker. The Information Commissioner said that the penalty should be calculated at the rate of Rs. 250 per day for 51 adding that the amount leads to Rs. 12,750.

"The Drawing and Disbursing Officer (DDO) of the office of Tehsildar, Udhampur will ensure deduction of Rs. 12,750 from the salary of Subash Singh Chib, Tehsildar Udhampur in three equal instalments as provided in Rule 36 (3) of Jammu and Kashmir State Rules, 2010 and remit to the Government account with an intimation to this commission," said the State Information Commissioner in the order.

The Information Commissioner said that in case of any default committed by the DDO in this regard, he (DDO) will be personally liable for making the payment towards the government account. He said that the order has to be complied within 15 days from the date of receipt of the order.

On September 19, 2011, Dineshwar Singh Jamwal had moved an application seeking information about the action taken report by Deputy Commissioner, Jammu against the order issued by the DC Jammu office number DCJ/SQ/07-03/01-03 dated December 28, 2007 against the encroachment/sale of public land of Shishu Samadian situated at Rehari (Pacca Talab), Jammu.

As per the mandate of the Act, the order on the application of the information seeker was to be passed within a maximum period of 30 days by the Public Information Officer. This was not done and the information seeker filed complaint before SIC on November 11, 2011 against the PIO for not providing the information.

The Registry of the SIC issued issued seven days notice to the PIO vide number SIC/J/Comp/13 Nov 2011/1035 dated December 19, 2011. Despite lapse of seven days there was no response from the PIO of the Deputy Commissioner Jammu’s office. After this the case was listed for hearing on February 1, 2012 and hearing notice was issued vide number SIC/J/Comp/13 Nov 2011/354-55 dated January 24, 2012 and served upon the PIO with a copy to the complainant.

In response to the hearing notice the PIO/Assistant Commissioner (Revenue) Jammu submitted in writing vide his office number DCJ/SQ/2011-12/8249 dated January 31, 2012 that the application was transferred to the concerned quarters (Tehsildar, Jammu) for providing the information as it pertained to his jurisdiction.

Following this a complaint was filed and it was heard on February 1, 2012. The PIO/Assistant Commissioner (R), Jammu submitted that he will provide the information relating to the eviction proceedings within 10 days from the date of hearing. However, the PIO did not share the information upto April 9 and the information has been accessed by the SIC.

The information commissioner observed that since there has been a delay of 51 days the present Tehsildar Udhampur (then Tehsildar Jammu) should be penalized and a fine of Rs. 12,750 should be imposed on him.

http://www.dailyexcelsior.com/http://www.dailyexcelsior.com/

J K Right to Information Act: Some Important Tips for PIO’s 

For sincere and prompt delivery of the RTI applications,  the Public Information Officers can  follow the below written 25 instructions/tips  given along with  the relevant provisions and clauses of the Jammu and Kashmir Right to Information Act 2009 and JK RTI Rule 2010.

1.     The Right to information Act is given to the citizen by Jammu and Kashmir State legislature (vide Act No. VIII of 2009 dated 20^th March 2009).

2.     Never treat and make the citizen submitting RTI request to feel that you are annoyed instead render all reasonable assistance to the applicant. (Section 6 (1) )

3.     Every person residing in the state has the right to information. ( Section 3)

4.     Never reject an RTI application without citing the valid exemption clauses and that too the rejection order is to be given in writing. ( Section 7(1))

5.     An RTI applicant can submit his application through post/self or even via electronic mean. (section 6(1))

6.     An RTI applicant can be in English, Urdu or Hindi Language, it can be typed/handwritten. (section 6(1))

7.     Accept RTI application even if it is not related to your department. (Section 6(3) )

8.     Never ask the applicant any personal question, like his intention or motive for seeking information, his job, family etc. (Section 6(2) )

9.     Go through the content of the application at an earliest.

10.  And if it does not pertain to your department then transfer it to the concerned department within 5 days. (Section 6(3) )

11. Accept the initial RTI fees of Rs. 50/- in shape of Indian Postal Order, Demand Draft, Bankers Cheque, Non Judicial Stamp paper, Cash receipt or treasure voucher. ( Rule 4 of J & K RTI Rules 2010)

12. No fees to be charged from the person belonging to BPL category.  ( Section 7(5))

13. Intimate the applicant for additional fees for supplying the information along with the calculations, his right to review decision and particulars of the appellate authority. ( section 7,3(a,b)).

14. Provide Information within 30 days but related to life and liberty within 48 hours. (section, 7(1) )

15. No fees can be charged from the applicant where the information is not provided within 30 days. (section 7(6))

16. Provide the Information to the applicant in the format in which it is sought. (section 7(9) )

17. The Information which cannot be denied to the Parliament or the State Legislature shall not be denied to any person. (section, 8(i) )

18. Failure in providing or silence on any RTI application more than 30 days shall be deemed as refusal (section 7(2) ).

19. RTI extends to the whole of Jammu and Kashmir and it has come into force at once. (section 1(2,3)

20. An RTI applicant has the right to inspection of work, documents, records, he can take notes, extracts or certified copies of documents, can also take certified samples. (section 2,  i(I,II,III) )

21. RTI applicants obtain information in the form of diskettes, floppies, tapes, videos cassettes or in any other electronic or through printout. (section 2, i(IV))

22. The PIO may seek assistance of any other officers, if he considers it necessary for furnishing the Information. ( Section 5(4) )

23. The officer, who assistance is sought by the PIO is under obligation to render assistance and he shall also be treated as PIO ( Section 5(5) )

24. Never provide incorrect, incomplete and misleading information. Else you may attract penalty up to Rs. 25000/- besides disciplinary action under service rules. (Section 17(1))

25. RTI Act have overriding effect, the provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in the State Official Secrets Act, Samvat 1977. (Section 19)

About Author: Raman Sharma is an RTI activist and can be reached [@] JKRTIACT@GMAIL.COM,  mob: 9796811012

Registration for Online Certificate Course In RTI!!!

The Department of Personnel and Training (DoPT), Ministry of Personnel, Public Grievances and Pensions, Government of India (GoI) has launched an 'Online Certificate Course on RTI' for various stakeholders on, both, the demand and supply sides of the RTI implementation regime. 

This Online Certificate Course on RTI is launched in association with the Centre for Good Governance, Hyderabad.


This Online Certificate Course is aimed at:

• Public Information Officers (PIOs)
• Assistant Public Information Officers (APIOs)
• Appellate Authorities
• Officials assisting the above designated officers or other public officials
• Citizens
• Representative of Civil Society Organisations (including Media Organisations)
• Any other person(s) who could be a direct / indirect stakeholder

For registration and further details visit.


http://rtiocc.cgg.gov.in/login.do;jsessionid=3A158814606553D28624C563B53786B8

IRC Public authority under RTI: SIC


Greater Kashmir, 08/April/2012

UMER MAQBOOL

Srinagar, Apr 7: In a landmark judgment, the State Information Commission has ruled that Indian Red Cross Society J&K Branch is a Public Authority under Right to Information (RTI) Act -2009
 “Having considered all the facts and evidence brought on record, the Commission hereby declares the Indian Red Cross Society J&K Branch as a Public Authority in terms of Section 2 (f) of the State Right to Information Act, 2009,” the double bench comprising Chief Information Commissioner Ghulam Rasool Sofi and State Information Commissioner Nazir Ahmed said in an order today.
 The order directed the Public Authority of J&K Branch of Indian Red Cross Society to designate PIOs/APIOs and 1st Appellate Authority for their offices at Srinagar and Jammu within 30 days.
 Pertinently, Ghulam Rasool Shah had filed an application under Section 6 of the State RTI Act before Hon’y General Secretary, Indian Red Cross Society, J&K Branch, Srinagar for obtaining the information.
 “The Post of Programme Manager is fully sponsored by International Red Cross Society, therefore, it does not fall within the purview of RTI Act of the State,” the Honorary Secretary ruled in his order.
 After failing to get requisite information, Shah filed a complaint before the Commission in December last year.
 After preliminary hearing, the SIC recommended for constitution of a larger/ double Bench which was approved by the Chief Information Commissioner of, in accordance with State Right to Information Rules, 2010.
 During the hearings, the Commission perused the records and evidences provided by both sides in support of their arguments.   The Commission in its order said: “It is an admitted fact that the building of Red Cross Society Kashmir Branch has been constructed out of Government funds. Secretary of the Society, though Honorary, is appointed and nominated by the Government. The Red Cross Society Kashmir Branch is covered under an Act ‘XV of  1920 as  amended  by Act  22 of  1956 and  the  adaptation  of  Laws (4) order 1957’. The President and Vice-President of Red Cross Society State Branch respectively are Governor of Jammu and Kashmir State and Chief Minister of the State.”
 “These facts do strongly suggest that the Indian Red Cross Society is a Public Authority,” the order reads.
 The judgment said that national headquarter of Indian Red Cross Society is covered under (Central) RTI Act, 2005. “The issue whether Central Indian Red Cross Society falls under the ambit of Central RTI Act, 2005 has been replied in affirmative by the Central Information Commission vide their order dated 31-08-2008 passed in the case titled Sunil Yadav V/S Indian Red Cross Society. It was also noted by the Central Information Commission in the above order that National HQ of IRCS is covered under (Central) RTI Act, 2005 and the IRCS NHQ has its own PIO under the RTI Act and all state branches are expected to be also similarly covered,” the order states.



http://www.greaterkashmir.com/news/2012/Apr/8/irc-public-authority-under-rti-sic-64.asp

Exempt RTI fees for disabled applicants

Activists demand Act and Rules copies in Braile Script

05/April/2012:

Jammu: The Right to Information Activists and Volunteers  across Jammu and Kashmir State have urged the State Government to Exempt RTI fees for disabled applicants seeking information under RTI act and also bring copies of Jammu and Kashmir Right to Information Act, 2009 and RTI Rules in Braile Script for visually impaired citizens. A joint appeal by  prominent RTI activists  including, Dr. Muzaffar Bhat of  JK RTI Movement, Narotam Sharma of Kshitij RTI Foundation, noted activist Raman Sharma, well known  Advocate Shiekh Shakeel Ahmed, Advocate Vilakshan Singh, , Advocate Nadeem Qadri from Srinagar, Advocate Dewakar Sharma, activist Deepak Sharma, Dr. Shiekh Ghulam Rasool of Badgam and Sardar Balvinder Singh along with Darvinder Singh (Sangarsh RTI Movement), have urged the state government and Chief Minister to exempt RTI fees for physically challenged peoples on the pattern of BPL category people, at present only a person falling in the BPL category is exempted from any kind of RTI fees. The activists in their joint appeal to the Chief Minister Omar Abdullah have argued that it would help the most deserving people of the society and take the transparency law to the reach of every citizen. They have also urged the state government to consider their appeal for bringing the copies of RTI Act and Rules in Braile script. In their joint plea the activists have also requested the General Administration Department to issue a formal order with regard to implementation of interim order of Jammu and Kashmir High Court, where the Court has slashed the RTI fees to Rs. 10/application and Rs. 2/page instead of Rs. 50/application and Rs. 10/page respectively. In absence of a formal notification most of the departments are even today demanding Rs. 50/application causing lot of humiliation to the RTI users.




JK NEWS POINT.. 06/April/2012

Exempt RTI fees for disabled applicants

Jammu Tawi, April 5 Right to Information Activists and Volunteers  across Jammu and Kashmir State have urged the State Government to exempt RTI fees for disabled applicants seeking information under RTI Act and also bring copies of Jammu and Kashmir Right to Information Act, 2009 and RTI Rules in Braile Script for visually impaired citizens. In a joint appeal prominent RTI activists  including, Dr. Muzaffar Bhat of  JK RTI Movement, Narotam Sharma of Kshitij RTI Foundation, noted activist Raman Sharma, well known  Advocate Shiekh Shakeel Ahmed, Advocate Vilakshan Singh, Advocate Nadeem Qadri from Srinagar, Advocate Dewakar Sharma, activist Deepak Sharma, Dr. Shiekh Ghulam Rasool of Budgam and Sardar Balvinder Singh along with Darvinder Singh (Sangarsh RTI Movement), have urged the state government and Chief Minister to exempt RTI fees for physically challenged people on the pattern of BPL category people who are exempted from any kind of RTI fees. The activists in their joint appeal to the Chief Minister Omar Abdullah have argued that it would help the most deserving people of the             society and take the transparency law to the reach of every citizen. They have also urged the state government to consider their appeal for bringing the copies of RTI Act and Rules in Braile script.  They have also requested the General Administration Department to issue a formal order with regard to implementation of interim order of Jammu and Kashmir High Court, wherein the Court has slashed the RTI fees to Rs 10 per application and Rs. 2                  per page. In absence of a formal notification most of the departments are even today demanding Rs 50 per application causing lot of humiliation to the RTI users.

http://www.jknewspoint.com/index.php/j-a-k-news/41032-exempt-rti-fees-for-disabled-applicants






GREATER KASHMIR... 06/April/2012


‘Exempt RTI fees for physically challenged applicants’


Jammu, Apr 5: Many RTI activists and volunteers of Jammu and Kashmir have urged the Government to exempt RTI fees for physically challenged applicants seeking information under the Act.
 They also demanded that copies of the Jammu and Kashmir Right to Information Act, 2009 and RTI Rules should be prepared in Braille script for visually impaired citizens.
 A joint appeal in this regard has been made by prominent RTI activists including Dr Muzaffar Bhat of JK RTI Movement, Narotam Sharma of Kshitij RTI Foundation, Darvinder Singh (Sangarsh RTI Movement), Raman Sharma, Advocates Shiekh Shakeel Ahmed, Vilakshan Singh, Nadeem Qadri, Dewakar Sharma, Deepak Sharma, Dr Shiekh Ghulam Rasool and Sardar Balvinder Singh.  


http://www.greaterkashmir.com/news/2012/Apr/6/-exempt-rti-fees-for-physically-challenged-applicants--57.asp

Complainant demands Commisison's proceeding be video graphed

Complainant demands Commisison's proceeding be video graphed


Jammu: A Local youth namely Deepak Sharma belonging to Jammu region  has Requested the Chief    Information Commisison of Jammu and Kashmir State to allow Videography of proceedings in   the Commission, Deepak in his letter has said this initiative of Videography would further  strengthen the credibility of the SIC.

Deepak Sharma

To

The Hon’ble Chief Information Commissioner,

J&K State Information Commission, Jammu,

Sub:  Application  For Seeking Permission for Videography of the Proceeding in the Commission.

Respected Sir,

With due respect,  I would like to submit that my appeals and Complaints are pending with the  Hon’ble State Information Commission. Sir, though having high regards and faith in the esteemed institute of State Information Commission, the appellant cannot even think to doubt the integrity and impartiality of the J&K State Information commission.  But unfortunately due to unavoidable circumstances the appellant is compelled to request your good self to allow him to have Videography of all the proceedings in all his appeals and complaints cases pending with this RTI apex body. 

The appellant, if allowed videography, would further be strengthening the credibility of this esteemed institution, as Right To Information Act is all about to move towards larger transparency. Your good self may kindly refer appeal/complaint made by the appellant to the office of the J&K State Information Commission, having file no. SIC(J)Comp.3^rd Aug,2011,complaint no. 356, dated 16/08/2011 , where the case in the above said Appeal was dismissed /disposed of  by the J&K State Information Commission vide decision No. 07 of SIC/J/Comp/IC ,dated 04/01/2012, without giving any opportunity to the appellant of being heard which is obviously against  natural law of justice  and cannot be expected from the institution which is custodian of the transparency and accountability laws in the state and is responsible for monitoring and implementation of the RTI Act.

However, later the review petition by the appellant to the State Information Commission in his cases was admitted and allowed. Keeping the above mentioned facts in your kind consideration you are requested to allow the appellant to have proceedings of his cases Videographed. he appellant is willing to bear the cost of Videography , if permitted . It is once again humbly submitted that the appellant has utmost good faith on the integrity of the Hon’ble State Information Commission. An earliest reply would be highly appreciated in this regard.

Thanking you,                                                                                    

                                                                                                                                       Your’s faithfully,

Dated: 30/March/2012                                                                                     

                                                                                                                                     DEEPAK SHARMA

R/o Jammu-180010,    Mobile No. +919419110579.

   Copy to:

1)     His Excellency,  The Governor , J&K State, Raj Bhawan, Jammu

2)     Hon’ble Speaker , J&K Legislative Assembly , Civil Sectt, Jammu.

3)     Secretary, General Administration Department, J & K Govt, Civil Sectt, Jammu.

                                                                                                                              

                                                               Copy of the letter submitted by Deepak

Majority of thefts untraced, police takes refuge of Sec 8(1) (1) to escape ignominy

Early Times, 30/March/2012 PM

Sumit Sharma jammu, Mar 29: Most of the theft cases remained untraced in Jammu, revealed none other but police itself but in a sheer attempt to save itself from related humiliation, the Police in a reply to RTI plea No legal /J/RTI/01/12/26 had taken refuge of Sec 8(1) (1). Many may be surprised that police tried to get 'capsulation' of Section 8(1) (1) of Right to Information Act (RTI) 2009, while replying to an RTI activist who had sought reply regarding the theft cases. The section 8(1) (1) has been mentioned by the police against the RTI filed by one Nisha Verma, editor Kashmir Patrika. Pertinent to mention here that the said section debars disclosure of any information which goes against integrity of the country including of secret documents of Defense, Parliament, Copyright and Breach of Privacy but the same was applied when an RTI applicant sought information regarding theft of motorcycles and scooters took place during the time span of 2009 - 2011, although the same applicant has further sought details of recovery of the stolen vehicles and owners name ,vehicles handed over to them besides details of untraced vehicles. However to her surprise the police in return replied that the department stated the details cannot be disclosed as the same is exempted from disclosure u/s 8 (1) (1) as the information relates to personal information of the department and the information sought has no relationship or any public activity or interests. "Meanwhile the concerned department admitted that most of the theft cases registered with Pacca Danga and Nowabad police stations remained untraced which speaks volume of hollow claims of Jammu Police, shocked RTI activist. The applicant has taken strong exception of the act of police and is set to lodge complaint against DySP HQ, who happens to be PIO, to mention such section which is supposed to be not in applicable. It is also alleged if such section is really breach police's personal documents then why a data of theft and recovery is being supplied to media persons at the last months of every year, RTI crusade alleged in her complaint to CIC office. http://www.earlytimes.in/newsdet.aspx?q=91234

The  following  officers at Post Offices  of  Jammu and Kashmir State are being designated as CAPIO, Central Assistant Public Information Officers by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training) . Govt of India

An  RTI  applicant  can  submit  his  RTI  application to these post offices without any postal charges.