Re: [rti4empowerment] Fwd: KARNATAKA INFORMATION RTI RULE AMENDMENTS

RTI Act has been duly passed by the Parliament, approved by the Hon'ble President of India and after that, the same was notified.  How an amendment can be made or any of its section can be scarped by an authority or subordinate authority other than the Parliament?  Only rules for its implementation can be framed under the RTI Act but they will be subordinate to the provisions of the RTI Act and will not contravene or supercede them.

Such practice of referring complant back to the Public Authority has also been adoped by the Central Information Commission  with the only difference that no notification for this has ever been issued for this practice adopted by the Central Information Commission. This has been undertaken by internal consensus and this has given a big relief to the PIOs as the Commission can also issue taking disciplinary action u.s. 20 of the Act while this provision is vague in deciding appeal case u.s. 19 (3) of the Act.  The reason being given for this is said to be the long pendency of the cases.  It is good that the DoPT has now initiated action to fill the five vacant posts at CIC.

Such action like issuing notification are tantamount to ignoring/ challenging the authority of Parliament which is a Supreme Body constituted under the Constitution of India as far as framing of laws are concerned.

Not hearing complaint and non-appoinment of FAAs is a high-handedness and a gross violation of the RTI Act.

Non implementation of section 4 (1) (2)(3) and (4) is also deplorable and information can be sought by filing RTI about the ground (not reasons) or difficulties for their non-implementation.

Section 29 (1) of the Act only grants power for laying the rules and Setion 29(2) should not be misinterpreted.  Section 29(2) also says that every rule made under the Act by a State Government shall be laid, as soon as may be after it is notified, before the state Legislture.

Section 30 (1) of the Act grants powers to remove the difficulties arising in giving effect to the provisions of this Act to the Central Govt. and not to the state.  This has further restriction that no such order shall be made after the expiry of a period of two years from the date of the commencement of the Act and the Act is now six-year old.  Moreover, even at the Centre, every order made under section 30(1) shall as soon as may be after it is made, be laid before each House of Parliament.

The notification issued by the Karnataka Govt. should be challenged and have good chances of success.  If this practice is not stopped in the bud, more states may resort to this.

Shashi Kumar ji when you yourself is well qualified having LLB, post graduate, jouranlist whith other qualfifications and experience, you can take up this case very well. I hope that Mr. Chitta Bahera of Bafooning fame would also be interested to work together in this task.

I thought that in the matter of implementation of RTI Act, UP is the worst case but now it seems that Karnataka is not legging behind.  Framer of RTI Act like Aruna Rao, Anna Hazare''s, Arvind Kejriwal and others should pay attention to such distortation.  BTW, since Anna and his team is busy in the campaign for strong Lokpal, the cause will have to be taken by other activists.

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From: SHASHI KUMAR.A.R. <rudreshtechnology@gmail.com>
To: veeresh bellur <veeresh_bellur@yahoo.com>; jayashree kumar <jnjayashree62@yahoo.com>; JSD PANI <jsdpani@gmail.com>; pramod halakatti <pramodhalakatti@yahoo.co.in>; rti4empowerment@googlegroups.com
Sent: Wednesday, 9 November 2011 6:06 AM
Subject: [rti4empowerment] Fwd: KARNATAKA INFORMATION RTI RULE AMENDMENTS

DEAR BROTHERS & SISTERS ,

FOR KIND ATTENTION 

KARNATAKA  GOVT  ISSUED AN GAZETTE NOTIFICATION  DATED 22/10/11 , ENCLOSED THE PDF VERSION , NOW THE KARNATAKA INFORMATION COMMISSION IS REFUSING THE COMPLAINTS FILED BY THE RTI APPLICANTS UNDER SECTION 18(1) OF THE RTI ACT AND KIC OFFICIALS ARE  DIRECTING ALL THE RTI APPLICANTS NOT FILE ANY COMPLAINTS UNDER SECTION 18 (1) OF THE ACT , BUT  THEY ARE DIRECTING RTI APPLICANTS TO  FILE  1ST APEAL UNDER SECTION 19 (1) OF THE ACT BEFORE THE RESPECTIVE PUBLIC APPELATE AUHTHORITIES AND THEN ONLY ALL THE APPLICANTS MUST FILE 2ND APPEAL UNDER 19(3) OF  THE ACT  BEFORE KARNATAKA INFORMATION COMMISSION ,  

ONE OF THE OFFICIAL SAID SECTION 18 IS SCRAPPED 

I AM REQUESTING EVERY  CITIZEN /ACTIVIST / SOCIAL WORKER / RTI USER TO EXAMINE THE GAZETTE AND PLEASE GIVE VALUABLE COMENTS  , WHETHER THIS RULE MADE BY THE GOVERNMENT  IS VALID AS PER THE PROVISIONS OF THE RTI ACT  ? 

AFTER SIX YEARS OF LAPSE  ALSO MOST OF THE GOVERNMENT DEPARTMENTS DONT WANT RTI ACT TO BRING TRANSPARENCY AND GOOD GOVERNANCE IN THIER OFFICES AND NOT INTERESTED TO IMPLEMENT SECTION 4(1) A & B OF THE ACT  WITH GREAT SPIRIT 

MOST  OF THEM DONT KNOW WHAT IS MEANT BY PIO  AND THEY HAVE NOT APPOINTED APPLELATE AUTHORITY  ALSO , 

THIS IS THE TRICK PLAYED BY KARNATAKA INFORMATION COMMISSION  WHO ARE RETIRED BUREAUCRATS   TO SUPRESS THE FREEDOM OF INFORMATION   TO SIT IDLE AND TO GET  THE  AROUND 1.5 LAKSH SALARY AND  OTHER  BENIFITS , PRIVILAGES , CAR , PERKS ETC , 

THEY DONT WANT TO HEAR AND PROVIDE THE INFORMATION SOUGHT   UNDER SECTION  18 OF THE ACT , AND ACTIVISTS NEED THE ACT TO EXPOSE THE CORRUPTION IN THE STATE  , EALIER KARNATAKA IS A SILICON CITY  NOW IT BECOME SILICON HUB FOR CORRUPTION  ,

 DAY BY DAY RTI ACT IS BECOMING DILUTE  , EARLIER CHIEF INFORMATION COMMISSIONER KK MISHRA RECOMONDED FOR ONE SUBJECT AND 150 WORDS , NOW  THIS IS THE SITUATION ,  IF  THE APPLICATION UNDER SECTION 18 (1) OF THE ACT IS NOT HEARD , WHAT IS THE NECESSARY OF SIX INFORMATION COMMISSIONERS , NOW SOME OF THE INFORMATION COMMISSIONER IS HEARING MORNING SESSION ONLY ABOUT 10 TO 12 COMPLAINTS AND SOME OF THEM HEARING MORE THAN 25  WITHIN  1 HOUR ,  SOME OF THEM ARE NOT SPENDING MORE THAN FRACTION OF SECOND TO DISPOSE THE COMPLAINTS , AFTER NOON NO HEARINGS , BUT EACH INFORMATION COMMISSIONER IS GETING EQUAL TO HIGH COURT JUDGES SALARY BUT WHAT IS THE PROGRESS AND OUT PUT FROM THEM TO THE CITIZENS 

WITH REGARDS 

ARS KUMAR ,  B.E. LLB , MA JOURNALISM [ MA HUMAN RIGHTS ]SOCIAL ACTIVIST & JOURNALIST 

SWAMY VIVEKANANDA RTI JANA JAGRUTHI MISSION 

KARNATAKA