Right2Information

Right to Information – Master key to good governance

RIGHT TO INFORMATION (AMENDMENT) BILL 2006

Posted by rtiact2005 on August 7, 2006

Tentative draft bill

19.06.2006

RIGHT TO INFORMATION (AMENDMENT) BILL 2006

A

Bill

to amend the Right to Information Act 2005

BE It enacted by the parliament in the 57th year of the republic of India as follows:

Tentative draft bill

19.06.2006

RIGHT TO INFORMATION (AMENDMENT) BILL 2006

A Bill to amend the Right to Information Act 2005

BE It enacted by the parliament in the 57th year of the republic of India as follows:

1. (i) this act may be called the Right To Information amendment act 2006

Short title and commencement

(2) It shall come into the force on such date as the central government may be notification in the official Gazette appears and different dates may be appointed in different provisions of this act.

Amendment of Section 2

In section 2 of the Right To Information Act 2005 (hereunder refer to as the principle act) in sub clause (i) for sub clause (d) the following should be substituted namely:-

“(d) any other material produced by a computer or nay other device, but does not include, for the purpose of sub clause (a), file noting except substantial file noting on planes, schemes, programs of the Central Government or State govt. as the case may be that relate to development and social issues.”

Amendment of section (8)

In section 8 of the principal act in subsection (1)

(A) In clause (i) for the first proviso the following proviso should be substituted namely:-

“Provided that the decision of council of ministers and the reasons thereof shall be made public after the decision has been taken and the matter is complete or over.”

(B) after clause (j) the following clauses shall be inserted, namely:-

“(k) Information relating to identity of any individual or group of individuals who made inspection, observations, recommendation or gave legal advice or opinion or referred to in any minute including to plans, schemes, programmes of the public authority which relates to development and social issues:

Provided that a citizen shall have a Right To Information in respect of to planes, schemes, programmes of the public authority which relating to development and social issues other than those exempted under clauses (a) to (m) of this sub section;

(l) Information pertaining to any process of any examination conducted by any public authority or assessment or evaluation  made by it for judging the suitability of any person to appointment or promotions to post or admissions to any course or any such other course/purpose the disclosure of which would adversely effect the objectivity of fairness of such process;

(m) Copies of noting, or extract from the documents, manuscripts, files so far as it relates to legal advice, opinion, observation or recommendation made by any officer of a public authority during the decision making process prior to the executive decision or policy formulation.”

(4) In section 18 of the principal act after sub-section 4 the following sub-section shall be substituted namely:-

Amendment to section 18

“(5) The central Information Commission or State Information Commission as the case may be, shall take all necessary measures in order to promote the use of electronic record to facilitate effective disclosure of information, record keeping, information management and for making and information easily available and make recommendation in respect of such measures may include-

(a) institution of effective implementation and monitoring mechanism for Right To Information under this act including passing structures for successful implementation of the provisions of this act.

(b) conducting of workshops and conferences to develop an actual plan in collaboration  with the multiple stakeholders (including the state nodal agencies, administrative, training institute, civil societies, the media, academic, international institutions and such other institutions) for implementation and monitoring mechanism for right to information under this act

(c) Undertaking research for the identification of systems and tools that need to be developed and deployed in order to support the implementation of the right to information under this act.

(d) developments of guidelines on minimizing requirements regarding the consent of each  pro active and disclosures, objections and the method of publication.

Explanation:- for the purpose of this sub section   the expressions electronic record shall have the meaning assigned to it is in clause(ii) of sub clause (1) in section 2 of Information Technology Act 2000.

21st of 2000

(6) The Central Information Commission or State Information Commission as the case may be shall submit its recommendation under this section to the Central Government or to the State Government as the case may be which may accept of such recommendations and decisions of such government to the recommendation shall be final.”

Divya Jyoti Jaipuriar
http://www.parivartan.com

 

  1. (i) this act may be called the Right To Information amendment act 2006 Short title and commencement

2 Responses to “RIGHT TO INFORMATION (AMENDMENT) BILL 2006”

  1. P.K. Aditya, Chandigarh said

    Text of the Amendment Act is not visible here ?

  2. rtiact2005 said

    Tentative draft bill

    19.06.2006

    RIGHT TO INFORMATION (AMENDMENT) BILL 2006

    A Bill to amend the Right to Information Act 2005

    BE It enacted by the parliament in the 57th year of the republic of India as follows:

    1. (i) this act may be called the Right To Information amendment act 2006

    Short title and commencement

    (2) It shall come into the force on such date as the central government may be notification in the official Gazette appears and different dates may be appointed in different provisions of this act.

    Amendment of Section 2

    In section 2 of the Right To Information Act 2005 (hereunder refer to as the principle act) in sub clause (i) for sub clause (d) the following should be substituted namely:-

    “(d) any other material produced by a computer or nay other device, but does not include, for the purpose of sub clause (a), file noting except substantial file noting on planes, schemes, programs of the Central Government or State govt. as the case may be that relate to development and social issues.”

    Amendment of section (8)

    In section 8 of the principal act in subsection (1)

    (A) In clause (i) for the first proviso the following proviso should be substituted namely:-

    “Provided that the decision of council of ministers and the reasons thereof shall be made public after the decision has been taken and the matter is complete or over.”

    (B) after clause (j) the following clauses shall be inserted, namely:-

    “(k) Information relating to identity of any individual or group of individuals who made inspection, observations, recommendation or gave legal advice or opinion or referred to in any minute including to plans, schemes, programmes of the public authority which relates to development and social issues:

    Provided that a citizen shall have a Right To Information in respect of to planes, schemes, programmes of the public authority which relating to development and social issues other than those exempted under clauses (a) to (m) of this sub section;

    (l) Information pertaining to any process of any examination conducted by any public authority or assessment or evaluation made by it for judging the suitability of any person to appointment or promotions to post or admissions to any course or any such other course/purpose the disclosure of which would adversely effect the objectivity of fairness of such process;

    (m) Copies of noting, or extract from the documents, manuscripts, files so far as it relates to legal advice, opinion, observation or recommendation made by any officer of a public authority during the decision making process prior to the executive decision or policy formulation.”

    (4) In section 18 of the principal act after sub-section 4 the following sub-section shall be substituted namely:-

    Amendment to section 18

    “(5) The central Information Commission or State Information Commission as the case may be, shall take all necessary measures in order to promote the use of electronic record to facilitate effective disclosure of information, record keeping, information management and for making and information easily available and make recommendation in respect of such measures may include-

    (a) institution of effective implementation and monitoring mechanism for Right To Information under this act including passing structures for successful implementation of the provisions of this act.

    (b) conducting of workshops and conferences to develop an actual plan in collaboration with the multiple stakeholders (including the state nodal agencies, administrative, training institute, civil societies, the media, academic, international institutions and such other institutions) for implementation and monitoring mechanism for right to information under this act

    (c) Undertaking research for the identification of systems and tools that need to be developed and deployed in order to support the implementation of the right to information under this act.

    (d) developments of guidelines on minimizing requirements regarding the consent of each pro active and disclosures, objections and the method of publication.

    Explanation:- for the purpose of this sub section the expressions electronic record shall have the meaning assigned to it is in clause(ii) of sub clause (1) in section 2 of Information Technology Act 2000.

    21st of 2000

    (6) The Central Information Commission or State Information Commission as the case may be shall submit its recommendation under this section to the Central Government or to the State Government as the case may be which may accept of such recommendations and decisions of such government to the recommendation shall be final.”

    Divya Jyoti Jaipuriar
    http://www.parivartan.com

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