Worried to death over proposed RTI rule

The proceedings pending before the Commission shall abate on the death of the appellant, says proposed RTI rule

GN Bureau | April 4, 2017


#right to information   #RTI  


 
If you are an RTI activist or someone who intends to use RTI to expose any wrongdoing, then a new set of proposed rules should leave you very worried. It says that the proceedings pending before the commission shall abate on the death of the appellant, which clearly makes RTI activists vulnerable.
 
 
The government has sought suggestions for the new draft RTI proposal and the proposed rules are meant to replace the RTI rules of 2012.
 
 
Here is that particular rule which has got the goat of activists:
 
Withdrawal/Abatement of Appeal :-
 
(1) The Commission may in its discretion allow a prayer for withdrawal of an appeal if such a prayer is made by the appellant on an application made in writing duly signed or during hearing. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision. or order has been pronounced by the Commission.
(2) The proceedings pending before the Commission shall abate on the death of the appellant.
In other civil matters, the next of kin can be made a party to a case. But, this will no longer be so. If the appellant dies, then the matter is over. This can clearly pose a threat to the lives of people who successfully use RTI for various expose.
It would have been better if the RTI case would have continued even after death, since the whole idea of having the RTI is to bring out the shortcomings.
The proposed rules have been put up on the Department of Personnel and Training website for comments from people.
 
The fees too has gone up. The proposed new rates are:
(a)  Rs two for each page in A-3 or smaller size paper;
(b) actual cost or price of a photocopy in large size paper;
(c) actual cost of price for samples of models;
(d) Rs 50 per diskette or floppy;
(e) price fixed for a publication or Rs two per page of photocopy for extracts from the publication;
(f) no fee for inspection of records for the first hour of inspection and a fee of Rs 5 for each subsequent hours or fraction thereof; and
(g) so much of postal charge involved in supply of information that exceeds fifty rupees.
 
In the procedure for deciding complaints, the rule makes it clear that “the Commission may in its discretion allow a prayer for any amendment of a complaint during the course of its hearing, including conversion of the complaint into second appeal, if available remedies have been exhausted, on a prayer made by the complainant. However, no such prayer may be entertained by the Commission after the matter has been finally heard or a decision or order has been pronounced by the Commission”.
 
In the case of appeal, there is going to be a lot of paperwork:
Any person aggrieved by an order passed by the First Appellate Authority or by non —disposal of his appeal by the First Appellate Authority, may file an appeal to the Commission either online or offline in the format and shall be accompanied by the following documents, duly authenticated and verified by the appellant, namely:-
(i)a copy of the application submitted to the Central Public Information Officer;
(ii) a copy of the reply received, if any , from the Central Public Information Officer;
(iii) a copy of the appeal made to the First Appellate Authority;
(iv) a copy of the order received, if any, from the First Appellate Authority;
(v) copies of other documents, if any, relied upon by the appellant and referred to in his appeal;
(vi) an index of the documents referred to in the appeal;
(vii) A request for condonation of delay in submission of appeal wherever required, giving reasons.
(viii) A certificate stating that the matter under appeal has not been previously filed and disposed or are pending, with the Commission or any court; and
(ix) Proof of service of appeal to respondent.
 
 

Comments

 

Other News

Bank loan recovery in recent years has mirrored Hindu rate of growth

At the outset, for those who are not familiar with the nomenclature ‘Hindu Rate of Growth’, it refers to the low economic growth in post-independent India till the 1990s, when several economic liberalisation measures were undertaken. Till the 1990s, the growth rate was around 4%, which accelera

“Indian Navy needs more capabilities to build ships”

As India faces increasing threats from China and Pakistan on sea, Vice Admiral Ajendra Bahadur Singh, Flag Officer Commanding-in-chief (FOC-in-C), Western Naval Command, has said that the Indian Navy needs to scale up its capabilities and have more budgets allocated. Speaking to members of t

Mumbai issues strict guidelines for home quarantine of all international passengers

In view of the emerging threat of the new coronavirus variant, Omicron, the BrihanMumbai municipal corporation (BMC) Saturday issued strict guidelines for surveillance of all international travellers arriving in the metro and especially those from ‘at risk’ nations. Outlining SO

Omicron: Maharashtra revises travel guidelines

A day after the union health secretary wrote to it that its order on SOPs for air travellers was in divergence with guidelines issued by the MoHFW, GoI in view of the Omicron threat, the Maharashtra government on Thursday revised its guidelines for passengers arriving in the state. Issuing

Omicron: Centre asks Maharashtra to follow uniform guidelines

With the threat of Omicron, the new variant of the coronavirus, looming large, the union health ministry has written to the Maharashtra government to align orders issued by the state with the ministry’s guidelines for uniform implementation. The state government in its order dated Nove

Central Railways runs over 800 Kisan Railway trips

To ensure bigger access to farm produce and provide new markets with quick transportation and subsidy at 50%, the Kisan Rail has been bringing prosperity, joy, and hope to farmers of Maharashtra. On November 28, the Central Railway ran its 800th  trip of Kisan Rail from Sangola to Muzaffarpur.

Visionary Talks: Dr. Naresh Trehan, CMD Medanta Heart Institute with Kailashnath Adhikari



Archives

Current Issue

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter