Proposed RESOLUTIONS by RTI activists during October 14th 2006 CIC convention
Posted by rtiact2005 on October 11, 2006
Rakesh Agarwal <rakesh@nyayabhoomi. org> wrote:
A thought has been going around that RTI users/advocates/ participants should meet in the evening of 14th October during the CIC Convention. Venue of the meeting will be announced during the Convention on 14th.
The Proposed Resolution substantially prepared by Mr. Shailesh Gandhi is attached at the end of the email. Please take a look at these points and come prepared with your own so that we can discuss them and prepare a comprehensive Resolution which could be presented to the Prime Minister on the 15th. Perhaps Anna Hazare or Aruna Roy could do this.
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- The CIC and the SICs should impose penalties as a matter of law and rule rather than as exceptions in order to effectively implement the Act and reduce the number of second appeals reaching the Commissions.
- The Central and State Information Commissions should ensure that by January 2007, not more than 5% of the Second appeals and complaints will be pending for disposal for over 60 days.
- An opportunity for hearing must be given to all appellants and complainants.
- Central and State Information Commissions should go by the letter of the law and ensure that denial of information is only as per the exemptions listed in the law.
- The Governments must provide the requisite staff and facilities to the Commissions.
- The Governments must appoint all ten Commissioners.
- All Public Authorities, Ministries and Departments must provide a monthly report to the Commission in accordance with Section 25 (2) of the Act, and action should be taken against officials who do not provide these.
- The Commissions must submit their reports latest by November end to the Governments so that they can be placed before the legislatures/ Parliament.
- All Public Authorities must fulfill the requirements under Section 4 and a compliance report submitted by them to the Commissions by November 2006.
- The Government must give an assurance of making no changes to the RTI Act for the next two years.
A LIVELY AND USEFUL DISCUSSION IS WELCOME.
Dhirendra Krishna <dhirendrakrishna@ yahoo.co. uk> wrote:Dear Rakesh,
Very well drafted resolution. I would like to add three administrative issues, to remove bureaucratic indifference and reluctance in implementing RTI Act:
- There should be dedicated ” RTI Audit Teams (RTIAT)” under Central Government and each State Government to periodically review the implementation of RTI Act by the public authorities in various Departments, PSUs, autonomous bodies, etc. RTIAT should report to Cabinet Secretary in respect of public authorities of the Central Government and to the Chief Secretary of States in respect of public authorities in his jurisdiction. RTIAT should report non-implementation of RTI Act to the Head of Department to enable him / her to work out a practical time bound action plan. The reports of RTIAT should also be sent to CIC /SICs. Annual Report of CIC /SICs under section 25 of the RTI Act should be based on reports from each Ministry / Department under section 25(2), as well as the findings of the RTIAT.
- Information Commissions should have the support of an RTIAT as an effective review/audit mechanism, to render reports under section 25 of the RTI Act. NGOs and citizen groups may be encouraged to conduct independent audit of the implementation of RTI Act by the public authorities. Wherever non-implementation is reported to CIC/SICs, he may ask the Government to take corrective action and report action thereon in their report under Section 25.
- Annual Confidential Report of all officers of officers at all level may specifically mention his / her contribution in implementing RTI Act.
Dhirendra Krishna IA&AS (Retired)