Strengthening the Implementation of RTI Act 2005: Areas for Improvement
undefined
The main areas which requires
the attention for
strengthening the act:
a)
MAINTENANCE AND preservation of public
records.
b) RATIONAL use of act with proper
utilization of public resources.
c) accountability of the authorities
constituted under the act.
Though section 4(a) requires the
maintenance of records, in the
absence of time mandate for its
compliance it has become
ineffective
PRESENT
SCENARIO
THE REQUEST
FOR
INFORMATION
ARE REJECTED
FOR NON
AVAILABILITY
OF RECORDS.
AMENDMENT
REQUIRED:
INTRODUCE A
PROCEDURE FOR
MAINTENANCE AND
PRESERVATION OF
RECORDS IN HARD FORM
AS IT EXIST.
EXPEDITE
COMPUTERIZATION OF
RECORDS AND PENDING
COMPLETION OF SUCH
COMPUTERIZATION
INTRODUCE SCANNING
OF ALL PAPERS
RECEIVED AT THE
REGISTRY/ENTRY/INW
ARD/OUTWARD.
EFFECT:
THE RECORDS SHALL BE
AVAILABLE SIMULTANEOUSLY
IN SOFT AS WELL AS HARD
FORMAT LEAVING NO SCOPE
FOR REFUSAL ON GROUND OF
NON AVAILIBILITY.
B
) EFFECTIVE USE OF ACT
WITH PROPER UTILIZATION OF
PUBLIC RESOURCES.
[ RELATED SECTION :
6(1),7(1),7(3) AND 7(5)]
PRESENT SCENARIO
I) VOLUMINOUS INFORMATION IS SOUGHT
ADVERSELY EFFECTING THE FUNCTIONING
OF THE PUBLIC AUTHORITIES AS
EXPRESSED BY THE HON’BLE SUPREME
COURT IN THE CASE OF
ADITYA
BANDOPADHAYA
.
II)
TIME LIMIT OF 30 DAYS WHICH IS
PROVIDED UNDER THE ACT IS USED AS A
WEAPON FOR SEEKING
FREE INFORMATION
AND AT TIMES FOR RESOLVING PERSONAL
SCORES
.
AMENDMENT DESIRABLE
:
I) TO RESTRICT THE VOLUME OF INFORMATION TO
BE SOUGHT PER APPLICATION EITHER BY
SUBJECT OR BY NUMBER OF POINTS ON WHICH I T
IS SOUGHT. AMENDMENT CAN ALSO BE
CONSIDERED ON THE BASES OF THE SUBJECT WISE
FILES.
II) SECTION 7(1) BE HARMONIZED WITH SECTIONS
7(3) AND 7(5) BY MAKING MANDATORY FOR P.I.O.
TO DECIDE AND INFORM AVAILABILITY OF THE
INFORMATION AND THE ESTIMATED FEES.
III) TO SET THE TIME LIMIT FOR PROVIDING
INFORMATION AFTER DEPOSIT OF THE
INFORMATION FEES
.
EFFECT:
TAKE CARE OF THE GENUINENESS
OF THE NEED OF THE SEEKER AND
CONTROL MISCHIEVOUS
APPLICATIONS AS ALSO CURTAIL
TENDENCY OF SEEKING FREE
INFORMATION. ALSO HELP IN
CONTROLLING THE DRAIN OF PUBLIC
FUNDS AND WASTE OF PUBLIC
RESOURCES
C) ACCOUNTABILITY OF THE
AUTHORITIES CONSTITUTED
UNDER THE ACT.
[RELEVANT SECTIONS
19(1) & 20(2)]
PRESENT SCENARIO:
THE ROLE OF FIRST
APPELLATE
AUTHORITIES (FAA)
UNDER THE ACT IS
REDUNDANT. THOUGH
THE RESPONSIBILITY
LIES THEREON TO
DISPOSE THE FIRST
APPEAL WITHIN PERIOD
FIXED THERE IS NO
ACCOUNTABILITY FOR
NON PERFORMING THE
SAME. THE SAID
PROVISION RESULTS
ONLY IN DELAY IN
FURNISHING
INFORMATION.
AMENDMENT DESIRED
I) POWERS BE
CONFERRED ON THE
COMMISSION TO DEAL
WITH DEFAULTS BY
FAA AT PAR WITH
THE ONES GRANTED
AGAINST PIO U/S
20(1) AND 20(2) OF
THE ACT.
II)CONFER POWERS
AND RESPONSIBILITY
TO FAA IN SEEKING
THE RECOVERY OF NON
TRACED FILES AND
INITIATION OF ACTIONS
AGAINST THE ERRING
STAFF.
EFFECT:
FAA, BEING A SENIOR OFFICER FROM
THE SAME PUBLIC AUTHORITY HE
BE CONFERRED POWERS TO INITIATE
INQUIRY IN CASE OF MISSING
RECORDS AND ORDER APPROPRIATE
ACTION AGAINST THE ERRING
STAFF. SUCH AN ORDER WOULD BE
MORE EFFECTIVE AS THE FIRST
APPEAL IS HEARD MUCH PRIOR TO
THAT OF THE COMMISSION.
The amendment to the RTI Act 2005 seeks to enhance its effectiveness by focusing on areas like maintenance of public records, proper utilization of resources, and ensuring accountability. Suggestions include introducing procedures for record preservation, scanning documents, and using both soft and hard formats to eliminate refusals. Efforts are needed to prevent misuse of the Act for personal gains and to streamline information retrieval processes.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
AMENDMENT TO RTI AMENDMENT TO RTI ACT 2005 ACT 2005 A NEED FOR EFFECTIVE IMPLEMENTATION
The main areas which requires The main areas which requires the attention for the attention for strengthening the act: strengthening the act: a) a) MAINTENANCE AND PRESERVATION OF PUBLIC MAINTENANCE AND PRESERVATION OF PUBLIC RECORDS. RECORDS. B) RATIONAL USE OF ACT WITH PROPER B) RATIONAL USE OF ACT WITH PROPER UTILIZATION OF PUBLIC RESOURCES. UTILIZATION OF PUBLIC RESOURCES. C) ACCOUNTABILITY OF THE AUTHORITIES C) ACCOUNTABILITY OF THE AUTHORITIES CONSTITUTED UNDER THE ACT. CONSTITUTED UNDER THE ACT.
A) MAINTENANCE AND A) MAINTENANCE AND PRESERVATION OF PUBLIC PRESERVATION OF PUBLIC RECORDS. RECORDS. ( ( RELATED SECTION :4( SECTION :4(a)) a)) RELATED . .Though section 4(a) requires the maintenance of records, in the absence of time mandate for its compliance it has become ineffective
AMENDMENT AMENDMENT PRESENT PRESENT REQUIRED: REQUIRED: SCENARIO SCENARIO INTRODUCE A PROCEDURE FOR THE REQUEST THE REQUEST MAINTENANCE AND FOR FOR PRESERVATION OF INFORMATION INFORMATION RECORDS IN HARD FORM ARE REJECTED ARE REJECTED AS IT EXIST. FOR NON FOR NON EXPEDITE AVAILABILITY AVAILABILITY COMPUTERIZATION OF OF RECORDS. OF RECORDS. RECORDS AND PENDING COMPLETION OF SUCH COMPUTERIZATION INTRODUCE SCANNING OF ALL PAPERS RECEIVED AT THE REGISTRY/ENTRY/INW ARD/OUTWARD.
EFFECT EFFECT: : THE AVAILABLE SIMULTANEOUSLY IN SOFT AS WELL AS HARD FORMAT LEAVING NO SCOPE FOR REFUSAL ON GROUND OF NONAVAILIBILITY. RECORDS SHALL BE
B) EFFECTIVE USE OF ACT WITH PROPER UTILIZATION OF PUBLIC RESOURCES. [ RELATEDSECTION : 6(1),7(1),7(3) AND 7(5)]
PRESENT SCENARIO PRESENT SCENARIO I) VOLUMINOUS INFORMATION IS SOUGHT ADVERSELY EFFECTING THE FUNCTIONING OF THE PUBLIC AUTHORITIES AS EXPRESSED BY THE HON BLE SUPREME COURT IN THE CASE OF ADITYA BANDOPADHAYA. II) II)TIME LIMIT OF 30 DAYS WHICH IS PROVIDED UNDER THE ACT IS USED AS A WEAPON FOR SEEKING FREE INFORMATION FREE INFORMATION AND AT TIMES FOR RESOLVING PERSONAL AND AT TIMES FOR RESOLVING PERSONAL SCORES SCORES.
AMENDMENT DESIRABLE AMENDMENT DESIRABLE: : I) TO RESTRICT THE VOLUME OF INFORMATION TO BE SOUGHT PER APPLICATION EITHER BY SUBJECT OR BY NUMBER OF POINTS ON WHICH I T IS SOUGHT. AMENDMENT CAN ALSO BE CONSIDERED ON THE BASES OF THE SUBJECT WISE FILES. II) SECTION 7(1) BE HARMONIZED WITH SECTIONS 7(3) AND 7(5) BY MAKING MANDATORY FOR P.I.O. TO DECIDE AND INFORM AVAILABILITY OF THE INFORMATION AND THE ESTIMATED FEES. III) TO SET THE TIME LIMIT FOR PROVIDING INFORMATION AFTER DEPOSIT OF THE INFORMATION FEES. .
EFFECT: TAKE CARE OF THE GENUINENESS OF THE NEED OF THE SEEKER AND CONTROL MISCHIEVOUS APPLICATIONS AS ALSO CURTAIL TENDENCY OF SEEKING FREE INFORMATION. ALSO HELP IN CONTROLLING THE DRAIN OF PUBLIC FUNDS AND WASTE OF PUBLIC RESOURCES
C) ACCOUNTABILITY OF THE AUTHORITIES CONSTITUTED UNDER THE ACT. [RELEVANT SECTIONS 19(1) & 20(2)]
AMENDMENT DESIRED PRESENT SCENARIO: I) POWERS BE THE ROLE OF FIRST CONFERRED ON THE APPELLATE COMMISSION TO DEAL AUTHORITIES (FAA) UNDER THE ACT IS WITH DEFAULTS BY REDUNDANT. THOUGH FAA AT PAR WITH THE RESPONSIBILITY THE ONES GRANTED LIES THEREON TO AGAINST PIO U/S DISPOSE THE FIRST 20(1) AND 20(2) OF APPEAL WITHIN PERIOD THE ACT. FIXED THERE IS NO II)CONFER POWERS ACCOUNTABILITY FOR NON PERFORMING THE AND RESPONSIBILITY SAME. THE SAID TO FAA IN SEEKING PROVISION RESULTS THE RECOVERY OF NON ONLY IN DELAY IN TRACED FILES AND FURNISHING INITIATION OF ACTIONS INFORMATION. AGAINST THE ERRING STAFF.
EFFECT: FAA,BEINGASENIOROFFICERFROM THE SAME PUBLIC AUTHORITY HE BE CONFERRED POWERS TO INITIATE INQUIRY IN CASE OF MISSING RECORDS AND ORDER APPROPRIATE ACTION AGAINST THE ERRING STAFF. SUCH AN ORDER WOULD BE MORE EFFECTIVE AS THE FIRST APPEAL IS HEARD MUCH PRIOR TO THAT OF THE COMMISSION.
