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

Expanding Eureka!

Abright yellow van with figures of children playing with a whirligig, a Newton’s cradle, a magnetic compass rolls into the Government Higher Primary School in Kittaganahalli, on the outskirts of Bengaluru. Students in the playground leave what they are doing and mill about it in excitement. For they

The spark in the classroom

Not many children dream of starting an idyllic school of their own when they grow up. But Ramji Raghavan, founder of the Agastya International Foundation – which fosters the creative learning of science in stude

Trafficking survivors’ votes don’t count

While the entire nation is agog with political grapevine, political parties are weighing on all options to lure voters by touching upon issues that impact their lives. Several parties, including the BJP and the Congress have released their manifestos while many are about to join the bandwagon. The

“I have a bigger reason and motivation to join politics”

Urmila Matondkar joined the Congress party and within just two months into politics, the actor is already surrounded by controversies – from being accused of making anti-Hindu comments to inappropriate poll campaigning. Fielded against BJP’s Gopal Shetty in the Mumbai North constituency, Ma

Campaign trail with BJP’s Manoj Kotak

Dressed in white shirt and pants, three time Bhartiya Janta Party (BJP) corporator Manoj Kotak is now contesting from Mumbai north-east constituency. Kotak, representing BJP in the BMC, is ready to rally around Ward 125 in Ghatkopar east area. It’s about 7:30 pm on a hot April e

Modi is now the topic of a PhD thesis

Sunil Bhatt, a Gujarat-based professional, has completed what is possibly the first PhD thesis on prime minister Narendra Modi. The thesis, titled ‘Leadership, Governance and Development: A case study of Shri Narendra Modi’, has been accepted at the Veer Narmad South Gujarat Universit



Current Issue

Current Issue

Video

CM Nitish’s convoy attacked in Buxar

Opinion

Facebook    Twitter    Google Plus    Linkedin    Subscribe Newsletter

Twitter