Mufti assures support to RTI activists

28/09/2012 Daily Excelsior

Excelsior Correspondent
JAMMU, Sept 27: A delegation of Right to Information (RTI) activists and senior citizens led by Sangarsh RTI Movement met Chief Patron of People’s Democratic Party (PDP) and Former Chief Minister Mufti Mohammad Sayeed and apprised him about the recent amendments made in RTI rules by the Government.
The delegates urged the former Chief Minister to raise the genuine concern of the civil society at the appropriate forum and repeal the new RTI Rules vide GAD’s SRO number 279 Dated August 30, 2012. They informed Mufti Mohd Sayeed that amended rules have virtually eroded all the powers of the State Information Commission and it would be a great loss to the RTI applicants.
While interacting with the activists, Mufti assured full support to the thier cause and also assured that in the coming Assembly sessions his party would raise the issue and press for restoring all the powers of the anti graft institutions like State Information Commission, State Accountability Commission and State Vigilance Organization.
He further reiterated that his party never supports anti- transparency moves and it was only during his tenure that J&K became pioneer in introducing the RTI Act in year 2004.
The delegates include Balvinder Singh, convener, Sangarsh RTIM, RTI activist Raman Sharma, senior citizens, PV Rawal, Deepak Sharma, , Advocate Deewaker Sharma and Anil Saraf.

http://www.dailyexcelsior.com/mufti-assures-support-to-rti-activists/

Govt’s tax exemption to parties — Rs. 1,033 crore in 5 years

Govt's tax exemption to parties — Rs. 1,033 crore in 5 years 

               'Communist Party of India agreed its a Public Authority as defined under RTI Act'

 Hindustan Times
New Delhi, September 24, 2012.

Are political parties required to reveal the source of their funding under the Right to Information Act? While the CPI agreed to disclose its funding to an NGO, other parties have flatly refused to do so.

Association for Democratic Rights (ADR), sought the information under RTI, 

 

claiming that political parties are covered under RTI since they get huge tax exemption from the government.

Four major political parties in India have got Rs. 1,033 crore from the government in form of income tax exemption, replies received from the income tax department under the transparency law has revealed.

ADR then filed RTIs with the major political parties seeking information regarding source of their funding in a bid to bring transparency in the Indian political system. The NGO claimed that since the parties were receiving income tax exemption they were public authorities as per definition of the Right To Information (RTI) Act.

The Communist Party of India agreed with ADR. "CPI is a public authority as the organization is substantially financed directly or indirectly by government funds," party general secretary A B Bardhan told ADR, while providing details of the party funding. CPI also said it has an appellate authority as required under the RTI Act.

Other political parties disagreed.

Congress treasurer Motilal Vohra in a letter to ADR said the party does not come under RTI, while returning the RTI letter with the postal order. The Nationalist Congress Party (NCP) said it didn't have enough man-power to provide the information sought. The BJP and BSP did not respond to the RTI applications.

Taking tax exemption amounts to substantial indirect funding from the government, a ground enough to declare an organization 'public authority' under the RTI law.

Punjab and Haryana High Court had declared Punjab Cricket Association, a private body, as a public authority under the RTI law for availing exemption of the entertainment tax. Similarly, Punjab State Information Commission declared Christian Medical College Ludhiana as a public authority for seeking exemption from paying income tax.

"I don't understand why the political parties are not willing to share information on their funding," said Anil Bairwal, national coordinator of ADR.

Data compiled by ADR shows that the Congress maximum income tax exemption of Rs. 557 crore between 2006-07 and 2010-11 followed by BJP ( Rs. 282 crore) and BSP 97 crore.

The political parties are exempted from paying any income tax under section 13 (A) of the Income Tax Act on the ground that the money is being used for "benefit of public". Apart from tax exemption, the parties have also got prime property in Lutyens Delhi for their offices, for which they have to pay a nominal rent.

The ADR has now filed an appeal with the information watchdog, the Central Information Commission, against rejection of its RTI application by the political parties. Considering the wider ramification of the appeal, the full bench of the CIC is expected to hear the case on Wednesday.

http://www.hindustantimes.com/India-news/NewDelhi/Govt-s-tax-exemption-to-parties-Rs-1-033-crore-in-5-years/Article1-935075.aspx

Diluting RTI Rules : J & K Sikh Council cautions Govt against dejecting SIC

Published on 24/09/2012 in Kashmir times, JK Newspoint, Northline, State Times, Panun Kashmir and other newspapers...

Jammu: In a press note issued by the J & K Sikh Council, the council members unanimously objected to the recent amendments made in Right to Information Rules by the state government where the State Information Commission has been  rendered as a virtually dead institution. Castigating the State Government and bureaucrats  for their anti-transparency anti-human move the council demanded immediate roll back of the SRO 279 issued by the General Administration Department.  The council members expressed shock over the decision which is taken in haste without any consultation with the stakeholders.

 Neither the State Information Commission's nor the RTI activists opinion was ever sought by the government before taking this harsh decision. The council has strongly warned the government to reconsider its decision of diluting RTI rules or else get ready to face strong protests from the council and other members of the civil society. It was also informed that in case of failure of the state government the council members can even give call for gherao of senior bureaucrats and ministers of the government. Citing the example of State Accountability Commission, Mohinder Singh, the chairman of the JKSC said that the state government wants to put the commission on pause mode so that the mischievous activities of the corrupt politicians and bureaucrats remain unnoticed and people cannot take cognizance. Another senior member of the Council and Social activist Sardar Harasis Singh said that in state like Jammu and Kashmir where the rights of minorities are always undermined and compromised for political compulsions, independent and strong institutions like SAC, SHRC and SIC are last ray of hope for the underprivileged class of the society.    

RTI Activist meet Soz

RTI activists call on Soz 
Express resentment over state government's move to make changes in RTI rules
Tribune News Service

September 22/2012

published in Grater Kashmir, Tribune, Early Times, JK Newspoint, JKMonitor.org  

Jammu: A delegation of Right to Information (RTI) activists, lawyers and members of the Civil Society today called on Pradesh Congress Committee (PCC) chief Saif-ud-Din Soz and expressed its resentment against the state government's decision on making sweeping changes in RTI rules.

Under the banner of Sangarsh RTI Movement, members of the delegation apprised the PCC chief about the difficult scenario that arose due to "dilution" of the RTI rules by the state government by issuing SRO 279.

The activists thanked Soz for his public statement where he had expressed his displeasure over the recent amendments made in the RTI rules.

The delegation urged the senior Congress leader to raise the issue at the appropriate forum and opposed the amendments that had turned the State Information Commission into a weak institution having no powers and authority.

They also informed him that there was a widespread public resentment over the "dilution" of the RTI rules.

After listening to the delegation, Soz assured the activists that their concern would be conveyed to the state and the Central governments and he would personally look into the matter.

Balvinder Singh, convener, Sangarsh RTI Movement, RTI activist Raman Sharma, advocate Dewaker Sharma, Anil Saraf, Munish Sharma and others were the part of the delegation.         http://www.tribuneindia.com/2012/20120923/jmtrib.htm#4            

Corrupt Ministers, Bureaucrats nexus Dilute the RTI Act

Ministers-Babus nexus dilute RTI Act

Raman Sharma 9/3/2012 1:53:24 AM

Right from day one since he entered the office, Omar Abdullah the Chief Minister of Jammu and Kashmir State in all these three and half years always sworn by the name of "Transparency and Accountability." He along with his other colleagues themselves accredited their government for strengthening the laws and institutes for transparency and accountability, especially for the Right to Information Act. This is evident from the fact that Chief Minister was personally keen to appoint members of the State Information Commission and convened three—four meetings with the Opposition leader in 2010 and 2011 despite her dissent and she also boycotted one such meet. However sources in the Chief Minister's Secretariat confirm that the Chief Minister was personally keen to strengthen the RTI Act, Public Service Guarantee Act, State accountability Commission and the State Vigilance Commission but some of his cabinet colleagues and bureaucrats did not appeared pleased with his crusade and advised the young Chief Minister to go slow, initially he did not cared much about the dissent voices against his noble mission of bringing reforms in the state but later under political compulsion he had to make compromises and the dissent voices survived. Now again, when the proposal to amend the Jammu and Kashmir Right to Information Rules, 2010 was drafted, he had directed the officers not to make any such change which would compromise the power of the Jammu and Kashmir Right to Information Act 2009 or the independence of the State Information Commission. Omar always took keen interest in the activities of the RTI activists of the state and always appreciated them for their crusade. In winter of 2011, during his meeting with all the RTI activists of the state at civil secretariat Jammu, (where this scribe was also a member) he assured them all assistance and promised them that his government would provide everything required to strengthen the act. In this meeting on the request of the RTI activists, he had even directed the then Secretary of the GAD and the then director Information, to remain present there. This was the reason that just a few days after his meeting with the RTI activists, the Jammu and Kashmir General Administration department, GAD issued a circular to all the deputy commissioners of Jammu and Kashmir regions along with Jammu and Kashmir Institute of Management and Public Administration for ensuing awareness programs about the Right to Information Act and Rules, and the State information department also organized a few RTI awareness programs and issued advertisements and news reports about RTI issues. He was always accessible to the RTI activists and remained in constant touch via email and electronic means.  But as now suddenly the state government has clipped the wings of the State Information Commission by amending the advantageous provisions of the Jammu and Kashmir RTI rules, 2010 replacing it with Jammu and Kashmir Right to Information Rules, 2012 the RTI activists and the civil society members are not able to understand the sudden change in the policy.  Activist believes that the Chief Minister has been misguided by the officers and some of his cabinet colleagues otherwise he cannot do away the powers of the commission which he constituted himself a year ago and appointed all the three members. In their appeal to the Chief Minister, RTI activists have urged the Chief Minister to immediately review the SRO no 279 issued on 30th Aug 2012 which has taken almost all the powers of the state information commission and render it as a horseless cart which is just to see but can't ride and run. It is also being learnt that in days to come a joint delegation of RTI activists and other members of the civil society shall be meeting the chief minister and Governor NN Vohra. It is pertinent to mention here that the stake holders have neither been consulted nor intimated about the amendments, so much so that even the state Information Commission was not provided any opportunity to present their demands for including in the new rules framed by the GAD.  http://www.thenorthlines.com/newsdet.aspx?q=55564 Author is an RTI Activist and can be reached [@] jkrtiact@gmail.com

‘68,000 incidents of violence in 22 years’

'68,000 incidents of violence in 22 years'

                             MHA Divulges Figures Under RTI

UMER MAQBOOL  

GREATER KASHMIR

Srinagar, Sep 18: J&K has witnessed more than 68,000 incidents of violence in the past 22 years, according to the details furnished by the Ministry of Home Affairs. This means that the stat would each day witness eight incidents of violence.
 The details furnished by the MHA reveal that the State has witnessed 68,708 militancy related incidents from 1990 to July 2012. 
 The details have come to fore in response to an application filed by a Jammu-based activist Raman Sharma under the Central Right to Information Act -2005. The conflict, which gripped the state in 1990, has devoured thousands of civilians, militants and force personnel besides leaving hundreds maimed. 
 According to the information, the State has recorded highest incidents of violence in 1995 (5,938) followed by 1994 and 1993 (5,829 and 5,247 incidents respectively).
  The State has, however, witnessed decline in violence after 1996 with the number of militancy related incidents being 2900-3400 between 1997 to 2000.
 But thereafter the violence has witnessed upswing with the year 2001 and 2002 recording 4,522 and 4,038 such incidents.  According to details, 2003, 2004, 2005, 2005, 2006 and 2007 respectively recorded 3401 , 2565, 1990, 1667 and 1092 incidents of violence.   But, down the line, the number of such incidents has remained in three digits with first seven month of this year recording only 133 incidents.  In 2008 the number of incidents reported is 708 and in the following three years, 499, 488 and 340 incidents were witnessed in the state.  Pertinently that State Home Department in July this year claimed that 43,000 persons including 16000 civilians were killed in the conflict since 1990. http://www.greaterkashmir.com/news/2012/Sep/19/-68-000-incidents-of-violence-in-22-years--53.asp

--

-----------------------------------------------------

with regards !

Raman Sharma
97968-11-0-12 
my blog:  http://jkrtiact.blogspot.in/
Facebook: http://www.facebook.com/jkrtiact

Accept or Reject , But Please Don’t Delay !

Ajmal Kasab's Clemency Plea 

Accept or Reject , But Please Don't Delay !

Raman Sharma

JAMMU: By giving fair trial opportunity to the 26/11 devil, Pakistani National Mohammad Ajmal Kasab, India has shown the world that we are a law abiding country and have no prejudice in mind against anyone just because of one's Caste, Creed, Religion or National Identity. Here in Indian system of democracy everyone is equal before the eyes of law. Despite so much public anger and availability ample evidences against this lone surviving terrorist of Mumbai havoc he was offered every opportunity to prove his innocence in the court of law.   

He was provided all required legal aid by the government which is otherwise not so easily available to an ordinary citizen under our criminal justice system. Anyhow the law took its own course and after a long journey right from the trial court to the Bombay High Court and finally even the highest court of the Country i.e. Supreme Court of India approved his guilt and upheld that this man had committed a heinous crime against the country and deserves no leniency and his capital sentence was approved by the apex court.  

Anyhow as enshrined in our constitution and  in  criminal justice system every convicted person has the option to make a plea to the President of India seeking pardon and mercy. Therefore now, Ajmal Kasab has also moved a mercy petition to the President Pranab Mukherjee (through Jail Authorities to Home Ministry) seeking pardon.

 

As a law abiding citizen and having fullest faith in the Indian Constitution I won't urge the President to accept or reject the mercy petition of this terrorist who had challenged the sovereignty of India at the behest of his masters in Pakistan, but rather I would pray to the President Pranab Mukherjee to take a decision on his mercy plea at an earliest after following all set of norms but not in haste. 

 

Though no Indian can forget the frightful day (26/November/2008) when the entire country witnessed the brutal face of terrorism, where not only human beings were killed but this was murder and butchering of humanity. Helpless Women, Children and old aged people everyone became the prey of these butchers.

 

It is also expected from the political parties across the board that they will keep a mum and do not politicize this issue, let the law takes its own course.

The president, Pranab Mukherjee has been in the public life for more than 5 decades and he can well feel the emotions of the country and especially of the victims of 26/11 terror attacks. Now once again through this public appeal, I urge His Excellency the President of India and the union Home Ministry to dispose of Ajmal's clemency file at an earliest without having any prejudice in mind (to accept clemency plea or reject).

You people are full of wisdom and we the citizen of this country have utmost faith in the constitutional system. Please do not hesitate to take a right decision without delay of decades and years, delay in this case would be amount to injustice to both sides. Hope the petition of 25 years old Ajmal Kasab to the president would be decided as early as possible. About Author: Raman Sharma is an RTI Activist and can be reached [a] jkrtiact@gmail.com

  http://www.jkmonitor.org/new_jk/index.php/20-sample-data-articles/kashmir-valley/extensions/1514-ajmal-kasab-s-clemency-plea-accept-or-reject-but-please-don-t-delay

http://www.thenorthlines.com/newsdet.aspx?q=56223

Empowering Panchayats ?

Empowering Panchayats?Renaming 'RDD' won't help, Address Grievances!

Raman Sharma                           Northlines, 21/sept/2012

When in June-2011, the process of Panchayat elections was successfully completed; the Omar led government earned all the credit from all the quarters including international organizations for taking the democracy to the grass root level because in the terror-trouble state, these Panchayat elections were held after a period of three decades. The world recognizes the fact that holding Panchayat elections in J & K is not an easy task but the state government with the active support of security forces, civil administration and enthusiasm of people of the state passed this litmus test and people elected their local representatives what we all know Panchs and Sarpanches.  Last year during his first interaction with the elected members of Panchayats, Chief Minister, Omar Abdullah promised them the Sky but on ground even after more than 15 months, nothing substantial is being done for which the Village representative can thank the government. Chief Minister even promised them honorarium and other important assignments but not even a single penny was ever given to any representative, neither in Jammu nor in Kashmir. Now these elected Panches and Sarpanches who fought these elections feel deceived, because many of them had even quit their government jobs, business and other sources of livelihood to participate in the elections. It is pertinent to mention here that as per section 10 of the Jammu and Kashmir Panchayati Raj Act 1989, every elected Panch, Sarpanch shall be paid an honorarium as decided by the state government but despite over a period of 15 months the state government only gave them assurances.  In continuation to its lip service the state government on Wednesday has decided to change the nomenclature of the State Rural Development Department to 'Rural Development and Panchayati Raj Department'. It is being argued by the state government that this decision would be prudent to further strengthen the institutions of Panchayats. Though the stakeholders feel otherwise, while giving his reaction over the recent decision of the state government of changing the name of the 'RDD", Convener of J & K Panchayat Conference and Sarpanch of Village Poshana (Bufflaiz, Poonch), Shafiq Mir though welcomed the decision of the state government but argued that only change in nomenclature won't help. He said the elected village representatives have their genuine grievance. Citing his own example, Shafiq Mir informed that prior to being elected as Sarpanch, he was earning a handsome income as he was associated with a leading newspaper but now he feels helpless as owing to his responsibility of being Sarpanch he cannot devote time for his profession of journalism and lost his job.  Like Mir, Shahnawaz Sultan another young Sarpanch of 26 Years who had successfully contested from Village Repora Namtihal (Chadoora, Budgam) also complains and angers that despite all the risks he contested the election. He blamed the government for shying away from empowering the basic democratic institutions. Sultan told that all his family members and friends had advised him not to contest the elections but he trusted the words of the Chief Minister and the state government and decided to participate. Visibly angry Shahnawaz informed that he was running a Tour Operating agency till April-2011 but after being elected as Sarpanch his source of livelihood is running away as he is unable to pay attention towards his business. He said the state government is not sincere and such manipulative moves are not going to yield any result.  It is worth to note here that the state government is under severe criticism from the opposition and even from its own coalition partner Congress as Prof. Saifudin Soz, the PCC president has publicly demanded implementation of 73rd and 74th amendment in the JK Panchayti Act. Lets's hope the State government moves forward and do justice with the elected representatives who have put their life and career on stake for strengthening the democratic institutions in the state especially in the militancy prone areas where there were even open threats to them by the anti-national elements.  (Auhtor is an RTI activist an can be reached [a] jkrtiact@gmail.com)  http://thenorthlines.com/newsdet.aspx?q=56240

Diluting RTI Rules : Omar Abdullah Must Break His Silence

published in State Observer, Early Times, on 18/09/2012

by: RAMAN SHARMA 

Now after the latest revelations that came through a Right to Information application of this scribe and highlighted in media both in Kashmir and Jammu, where it has been proved that the neither the State Information Commission as institution nor GR Sufi as CIC ever asked the state government to make such massive amendments in RTI Rules as the state government has done vide issuing SRO no. 279 dated 30th Aug/2012. In this RTI reply it is also being made crystal clear that even the Jammu and Kashmir State Information Commission was not consulted before any amendments, forget the ordinary citizens.
The Chief Minister Omar Abdullah who had time and again orchestrated so loud for RTI should not remain quiet now, he must tell the people that who advised him and his cabinet to clip the wings of the State Information Commission and let this institution of transparency also put on pause mode ( as is being done in case of State Accountability Commission).
People of this State deserve to be informed that what motivated the government to take such a harsh step so hurriedly. The state bureaucracy tried it's level best to hush up the matter by blaming the Commission and it's chief for the recent amendments in the RTI Rules, that has virtually turned the commission like a gigantic building without any pillars that may fall anytime without any caution. The Intelligentsia, legal experts and the Civil society all are worried and eyeing and keeping their ears towards Chief Minister's office to listen his response that what he has to offer to the people for this anti-transparency attempt. After all he has to take the last call and his silence can be assumed as his consent to deliberately weaken the institutions of Transparency and Accountability in the state because they can pose a threat to the government by bringing the misdeeds of politicians and corrupt Babus. It is humble submission to the Young Chief Minister who would be completing 43 years on March Next year to show wisdom and reconsider his government's decision of amending RTI rules because the SRO no 279 issued by the GAD do not relate with the parent law i.e J & K Right to Information Act, 2009. There are number of discrepancies in the amended rules as they are silent on number of issues and a confusing situation has arisen due to these ambiguities. Chairperson of the National Commission on Minorities and former CIC Wajahat Habibullah termed the amendments as a setback to the promotion of transparency in Jammu and Kashmir. Habibullah has even written to the Chief Minister saying, "The absence of any public consultation .. and the secretive manner in which the decision to repeal the J&K RTI Rules 2010 was made is, in my opinion, a blemish on your government's track record of encouraging openness in its working". It is expected that the Chief Minister will pay attention to the voice of Media, Society and experts and will review the decision. About Author: Raman Sharma is an RTI Activist and can be reached [a] jkrtiact@gmail.com .  http://www.stateobserver.com/newsdet.aspx?q=29148  

FOUR GOLDEN RULES FOR WRITING EFFECTIVE RTI APPLICATIONS

Dear fellow Activists,

We often sit down to draft an RTI application in an angry and unrealistic mood. When we write RTI applications, our focus should be on getting information. Instead, we are thinking about stopping some wrongdoings, getting some officials and corrupt contractors penalized, making the authorities "answerable" for negligence etc, etc. At such times, we fail to think clearly about the items of information that we need.

Right to Information Act 2005 is a law, and effectiveness in legal work depends on using the law without anger, resentment and wishful thinking.

While asking for information, the 4 golden rules are:

1.    Point to various specific documents. Your application should look like a shopping-list of documents.

2. Name documents using words from Sec 2(f) and Sec 4(1)(b) of the RTI Act – reports, logbooks, emails, advices, rules, regulations, manuals etc. Only after exhausting these should you use other similar names e.g. quality audit reports, correspondence etc. In case this information is denied, the similarity of wordings will help you to convince appellate authorities that your requested information is "records" and "information" that must be mandatorily given.

3. Don't ask questions, don't demand explanations, and don't make allegations.
Don't make your application sound like a letter of complaint or a letter-to-the-editor. Don't preface it with a covering letter or an introductory paragraph. RTI applications should be emotionless and bland.

 4.Avoid vague expressions and requests such as:

·         What is the status of my complaint?

What further action has been taken on my complaint/letter?

Give me action-taken report.

Words like "status" and "action" are open to interpretation, and usually fail to point towards any particular document; they can mean different things to different persons like applicant, PIO, APIO and appellate authorities. In most cases, there is no such document called "action-taken report" in existence, and therefore, the PIO cannot be rightly asked under RTI to generate such a document in reply to your application; PIO can only be asked to give you copy of a document that exists. The right way is to ask for signed and stamped copy of all correspondence till date in the matter of your complaint, including memos, emails, covering letters for forwarding your complaint etc. Ask for copy of logbook or any other book where details of your complaint are entered, marked to specific officers for their investigation and action. Ask for a copy of all their remarks, feedback, reports etc. If the case on your complaint is closed, ask for the closing remarks of the officer concerned.

·         Give particulars of the project to build XYZ.
What "particulars" do you want? Engineering drawings? Budgets? Financial projections? Feasibility reports? Consultants' studies? This is not clear. Don't leave it to the PIO to decide what documents to include and what to leave out. Be specific and name the documents that you want copied. Make it difficult for the PIO to loosely interpret your request.

Prepared by
Shri Sailesh Gandhi
Central Information Commissioner.  

(Circulated in the interest of the public giving them tips to frame good questions while submitting RTI Applications to get the information) Courtesy: http://openspace.org.in/RTIrules

MAJOR FEATURES OF RTI RULES 2012.

MAJOR FEATURES OF RTI RULES 2012.

MERITS

1.   Application fee reduced from Rs. 50/- to Rs.10/-

 

2.   Fee for supplying information  rupees two for each page (in A4 or A-3 size paper) created or copied; IN RTI Rules 201o this fee was Rs.10/- per page.

 

3.   For information provided in diskette or floppy rupees fifty per diskette or floppy; Earlier it was Rs. 75/- per floppy and RS. 100/ per compact disc.

 

4.   No form has been prescribed for filing RTI application or 1st Appeal.

 

 

 

DEMERITS

 

 

 

1.   It contains just 13 rules with of confusion and ambiguity, whereas earlier act was 

more described  running into some 51 rules.

2.   RTI APPLICATION CAN NOT BE FILED ON A STAMP PAPER.

 

3.   Procedure to decide First Appeal repealed.

 

4.   As per rule 20(4) the  Chief Information Commission had power to write to the minister concerned for taking corrective measures to sensitize the officers of the department about their obligations under the Act if, in case of a public authority, the Chief Information Commissioner, on the basis of number and nature of second appeals pending /decided in the Commission, comes to the conclusion that the first appeals are being rejected cursorily. NOW IN 2012 RULES THIS POER HAS BEEN REPEALED.

 

5.   Rule 30(2) of 2010 rules provided that the appellant/complainant could participate through Audio/video conference. But under 2012 rules appellant/complainant cannot participate via Audio/Video Conference.

 

6.   Proviso to sub rule 3 of Rule 4 of RTI rules 2010 provided that the Public Authority could provide alternate mode of making payment of Fee. Under 2012 rules the Public Authority has no power to prescribe alternate mode for making payment of Fee.

 

7.   Rule 36(4) of RTI RULES 2010 provided the affected Public Information Officer may file a review before the Commission for revision/waiver of the penalty on the basis of facts that could not be brought to the notice of the Commission at the time of hearing of the appeal. UNDER RTI RULES 2012, there is no provision for filing review by the affected PIO. Now PIO can not bring to the notice of the Commission, the facts which could not be brought before the Commissiom at the time of hearing. The repeal of the said provision shall seriously affect the PIOs.

 

 

8.   Rule 11 of 2010 Rules provided for the establishment of following institutes. 

a.    Monitoring and Reporting (MoRe) wing;

b.    Right to Information & Transparency Institute (RITI);

c.    Administration and Human Resource Development wing; and

d.   Public Relations wing.

 

UNDER 2012 RULES , THERE IS NO PROVISION FOR ANY SUCH WINGS OF THE Commission.

 

9.   [Rule 38] Provisions relating to RATING OF Public Authorities repealed.

 

10.                [rule 22] Provisions relating to Annual reports on implementation of RTI Act repealed.

 

11.                [Rule 44] Provisions related to Duty imposed upon the Commission to prepare annual roaster for the appearance of the Public Authorities repealed.

 

12.                [Rule 36 & 45] Provisions related to powers of the Commission to take penal          measures in case of non-compliance of its orders repealed.

 

13.                Under rule 2(1) (j) of 2010 rules the PIO meant "Public Information Officer" means an officer designated by a public authority under sub-section (1) of section 5 and includes an Assistant Public Information Officer so designated or notified under sub-section (2) of section 5 and the head of the public authority in case no Public Information Officer is appointed or notified. As such under 2010 rules a Public Authority could not remain without PIO. But under 2012 rules, any Public Authority could be without PIO for years together and no one shall be liable for providing the information or for the delay in information.

 

14.                 Similarly as per rule 2(1)(g) of 2010 rules, no Public Authority could remain without First Appellate Authority under 2010 rules. But under 2012 rules any public authority could remain without First Appellate Authority for even years.

 

15.                Under rule 27(d) of 2010 rules, the Commission had power to summon files, records, documents, samples, materials etc or inspect or cause to be inspected, any premises, sites, places etc. This power of the Commission has been repealed under 2012 rules.

 

16.                Under rule 30(5) of 2010 rules appellant/complainant chose not to be present in accordance with rule 30(2), it was specifically mentioned that the Commission shall pronounce its decision or pass its order in the matter on the basis of records available. But under 2012 rules, there is no provision in the nature of rule 30(5) of the 2010 rules.

 

17.                 Under rule 32 of 2010 rules, the Commission for the purposes of conducting an investigation pertaining to an inquiry, could utilize the services of  the services of any officer or investigation agency of the government. This power of the Commission has been repealed under 2012 rules.

 

 

 

Raman Sharma---

 

JAMMU & KASHMIR RIGHT TO INFORMATION RULES 2012

JAMMU & KASHMIR RIGHT TO INFORMATION RULES 2012.

IPOs safe, legitimate mode of RTI fees: Activists

Kashmir Times, 12/Aug/2012

JAMMU, Aug 11: Clearing the air over the confusion that Indian Postal Orders, IPOs

are not safe mode of payment as fees under Jammu and Kashmir Right to Information

 Act 2009, the RTI activists and legal experts have made it clear that like Demand

Drafts and Banker's Cheque the RTI fees paid through Indian Postal orders is absolutely

legitimate, safe and must be accepted as the J & K RTI Act, Rules are very much clear in

 this regard.  Citing rule 4 of the Jammu and Kashmir RTI Rules 2010, RTI Activist and

advocate Vilakshan Singh informed that the government rules gives option to the RTI

 applicant to choose his mode of payment and that right must be honoured. He also

commented on the notion that the RTI fees paid through IPO goes to union government's

kitty is wrong.  Whereas Balwinder Singh, RTI activist and Convener Sangarsh RTI Movement

said that the Public Authority should realize the fees received under J & K RTI Act 2009

if it is paid through Cheque, Demand Draft or IPO and the perception that the IPO fees

 goes union government is far  away from truth. Aseem Sawhney, another noted RTI activist,

also objected to the demand  of scrapping the option of Indian Postal order. He said the

IPO's are the easiest and safest safe mode of payment for RTI users. Activist/Advocate

Dewaker Sharma too shared the same opinion and said there is no need to scrap IPO as

mode of fees because in far  flung areas, the IPO's are most feasible mode of payment

because of the availability of Post Offices in every nook and corner of the state.

 RTI Activist Raman Sharma and  Deepak Sharma also stressed for continuation 

of IPO as RTI fees option.  http://www.kashmirtimes.com/newsdet.aspx?q=3191 also published in JKNEWSPOINT, The Tribune and other papers on same date.

Sunday officially is not a 'holiday': Government of India

Hindustan Times, 27/July/2012

Jammu: An interesting fact has come out from RTI filed by an activist in Jammu that officially Sunday has never been declared as a holiday. Sunday, which is being treated as a holiday in all the public and private sectors, and everyone is accustomed to relax on this day, but the fact is that the 

Government of India has issued no order till now which officially declares it as a holiday.
 
Raman Sharma a Right to Information (RTI) activist in Jammu, sought information under RTI from the Prime Minister's Office asking "Is there any official order/notification issued by any ministry/department of the government declaring Sunday as holiday?"
 
The department of Personnel and Training, Government of India in its reply dated 18th July, 2012 signed by B Bandopadhyay, under secretary stated, "As per records available in JCA section of Department of Personnel & Training, there is no information regarding declaration of Sunday as holiday."
 
However the reply gave reference of order no. 13/4/85-JCA dated 21st May, 1985 of Department of Personnel and Training which says that in order to improve the efficiency, "The Government of India are pleased to introduce 5-day week in the civil administration offices of the Government of India with effect from 03rd June, 1985. Such Government offices would now work for five days a week from Monday to Friday, with all Saturdays as closed." Even this order does not officially declare Sunday as holiday

http://www.hindustantimes.com/Punjab/Chandigarh/Sunday-officially-is-not-a-holiday-Government-of-India/SP-Article1-900156.aspx

Officially Sunday is not a holiday

DNA, 28/July/2012

New Delhi: The central government has so far never issued any orders, declaring Sunday as a weekly holiday.

Replying to an RTI application filed by a Jammu-based activist Raman Sharma, the under-secretary in the Department of Personnel and Training (DoPT) stated, that there was no information regarding declaration of Sunday a holiday, which is being observed religiously by the government, private sector and traders as well.

The DoPT reply, however, referred to an order of May 21, 1985 stating that in order to improve the efficiency, the government had to introduce 5-day weeks in its civil administration offices. “Such government offices would now work for five days a week from Monday to Friday, with all Saturdays as closed." Even this order does not officially declare Sunday as holiday.

http://www.dnaindia.com/india/report_officially-sunday-is-not-a-holiday_1720777

Govt says Sunday officially not a ‘holiday’

JKNewspoint, 28/July/2012

Written by Newspoint Bureau

Friday, 27 July 2012 23:42

Jammu Tawi, July 27 It may sound incredible but true that Sunday is not officially a holiday in India. The interesting fact has come out following an RTI filed by Raman Sharma, a Right to Information (RTI) activist in Jammu. He had  sought information under RTI Act from the Prime Minister's Office asking "Is there any official order/notification issued by any ministry/department of the government declaring Sunday as holiday?"  The department of Personnel and Training, Government of India in its reply dated 18th July, 2012 signed by B Bandopadhyay, under secretary stated, "As per records available in JCA section of Department of Personnel & Training, there is no information regarding declaration of Sunday as holiday." However the reply gave reference of order no. 13/4/85-JCA dated 21st May, 1985 of Department of Personnel and Training which says that in order to improve the efficiency, "The Government of India is pleased to introduce 5-day week in the civil administration offices of the Government of India with effect from 3rd June, 1985. Such Government offices would now work for five days a week from Monday to Friday, with all Saturdays as closed." Even this order does not officially declare Sunday as holiday.

http://www.jknewspoint.com/index.php/j-a-k-news/48381-govt-says-sunday-officially-not-a-holiday

http://www.kashmirtimes.com/newsdet.aspx?q=2434