Strengthening the Implementation of RTI Act 2005: Areas for Improvement
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.
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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.
