Right2Information

Right to Information – Master key to good governance

File notings Q&As in the previous sessions of the Rajya Sabha

Posted by rtiact2005 on July 29, 2006

Please find below Q&As in the previous sessions of the Rajya Sabha on
file notings. can the govt be held to answers given?

the answer to
236
(c) whether the bureaucracy is set to dilute the content and efficacy
of the RTI Act purposely enacted to lend transparency in public
governance;
is NO

236
(d) whether it is a fact that Government have also decided to exempt
UPSC and other agencies which are involved in conducting public
examinations from the RTI Act; and
is NO

3287
(b) if so, whether this ruling goes beyond the directives of the Prime
Minister to release substantive file notings relating only to
developmental and social issues; and
is
“….. Modalities in this regard, are being worked out and while doing
so, the decision of the CIC will be kept in view. ”

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING
RAJYA SABHA
STARRED QUESTION NO 236
ANSWERED ON 08.12.2005

EXCLUSION OF NOTE PORTION FROM RIGHT TO INFORMATION ACT

236.  SHRI B.K. HARIPRASAD
SHRI RAMA MUNI REDDY SIRIGIREDDY

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be
pleased to state:-

(a) whether Government propose to amend the Right to Information Act
which has become operative now, to exclude file notings by bureaucrats
to be kept away from public gaze;

(b) whether the Central Vigilance Commission which has vetted the
draft Bill of RTI Act expressed that file notings are not secretive or
sacrosanct as to be excluded from the purview of the Act;

(c) whether the bureaucracy is set to dilute the content and efficacy
of the RTI Act purposely enacted to lend transparency in public
governance;

(d) whether it is a fact that Government have also decided to exempt
UPSC and other agencies which are involved in conducting public
examinations from the RTI Act; and

(e) if so, the reasons therefor?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY
AFFAIRS.(SHRI SURESH PACHOURI)

(a): After consideration of the various aspects of the issue, the
Government is of the view that substantive file notings on certain
aspects relating to social and developmental issues may be disclosed.
Modalities in this regard, however, are being worked out in
consultation with Ministry of Law and Justice.

(b): The Right to Information Bill, 2004, as introduced by the
Government in the Lok Sabha on 23rd December, 2004, was not sent to
the Central Vigilance Commission for vetting.

(c): No, Sir.

(d): No, Sir.

(e): Does not arise.

———————————————————————————————————————————

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING
RAJYA SABHA
UNSTARRED QUESTION NO 1063
ANSWERED ON 02.03.2006

SEEKING OF INFORMATION IN FILE NOTINGS

1063.  SHRI B.K. HARIPRASAD

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be
pleased to state:-

(a) whether the Central Information Commission in its recent sitting
has ruled that, file notings were an integral part of a file and that
a citizen has the right to seek information in file notings, save
under section 8 of the law;

(b) if so, whether this ruling goes beyond the directives of the Prime
Minister to release substantive file notings relating only to
developmental and social issues; and

(c) if so, Government’s reaction thereto?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY
AFFAIRS.(SHRI SURESH PACHOURI)

(a): The Central Information Commission in Appeal No.
ICPB/A-I/CIC/2006 dated 31/1/2006 has held that file notings are not,
as a matter of law, exempt from disclosure.

(b) & (c): After consideration of the various aspects of the issue,
the Government is of the view that substantive file notings on certain
aspects relating to social and developmental issues may be disclosed.
Modalities in this regard, are being worked out and while doing so,
the decision of the CIC will be kept in view.

——————————————————————————–

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS
DEPARTMENT OF PERSONNEL AND TRAINING
RAJYA SABHA
UNSTARRED QUESTION NO 3287
ANSWERED ON 22.12.2005

CHANGES IN RTI ACT.

3287.  SHRI RAVI SHANKAR PRASAD
SHRI RAJ MOHINDER SINGH MAJITHA

Will the Minister of PERSONNEL,PUBLIC GRIEVANCES AND PENSIONS be
pleased to state:-

(a) whether it is a fact that orders have been issued by the Prime
Minister to make amendments in the Right to Information Act;

(b) if so, the details of these orders; and

(c) the reasons for issuance of such orders?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND
PENSIONS AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY
AFFAIRS.(SHRI SURESH PACHOURI)

(a) to (c): After consideration of the various aspects of the issue,
the Government is of the view that substantive file notings on certain
aspects relating to social and developmental issues may be disclosed.
Modalities in this regard, however, are being worked out.

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