Resolutions of the NAC Working Group Resolutions of the NAC Working Group on Transparency, Accountability and on Transparency, Accountability and Governance on 13Governance on 13thth December 2010 December 2010

PRELIMINARY DRAFT

THE PROCESSTHE PROCESS

• ALL AMENDMENTS SHOULD BE BASED ON EXTENSIVE PUBLIC CONSULTATIONS

• WHERE PUBLIC OBJECTIONS OR SUGGESTIONS HAVE BEEN IGNORED, REASONS MUST BE MADE PUBLIC – THIS IS IN KEEPING WITH THE LETTER AND SPIRIT OF S. 4 (1)(d) OF THE RTI ACT

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SPECIFIC PROPOSED AMENDMENTSSPECIFIC PROPOSED AMENDMENTS

3. Appointment of Secretary to the Commission: The Government shall appoint an officer not below the rank of Additional Secretary to the Government of India as Secretary to the Commission who shall be the Chief Executive Officer and Registrar General of the Commission.

• THE IC SHOULD HAVE THE FREEDOM TO SELECT ITS STAFF FROM AMONG GOVERNMENT SERVANTS OR FROM THE OPEN MARKET. ALSO, IC SHOULD HAVE THE FREEDOM TO ALLOCATE WORK AND RESPONSIBILITY. (s. 12(4))

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SPECIFIC PROPOSED AMENDMENTSSPECIFIC PROPOSED AMENDMENTS4. Request for Information: …. • Provided that the request for information shall relate only to one subject matter and shall be limited to

two hundred and fifty words, ….

DELETE

Rationale:

• THIS WOULD BE INTRODUCING AN EXEMPTION WHICH IS NOT IN THE ACT. IT IS LEGALLY WRONG FOR RULES TO GO BEYOND THE ACT.

• THE RULE ABOUT A SINGLE SUBJECT WILL BE OPEN TO ARBITRARINESS AND MISUSE AS IT IS DIFFICULT TO DEFINE.

• LIMIT OF NUMBER OF WORDS IS BAD IN LAW, UNREALISTIC AND WILL MILITATE AGAINST RURAL APPLICANTS.

• NO EVIDENCE THAT EITHER OF THESE ARE WIDESPREAD PROBLEMS.

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SPECIFIC PROPOSED AMENDMENTSSPECIFIC PROPOSED AMENDMENTS

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5(c) contd..5(c) contd..

ii) Where it is an independent item which is one of many such (like a shirt, or a blanket, or a shovel). In such a case the charge will be the cost of the item, either at prevailing market rates, or at the rate paid for by the public authority, whichever is less.

iii) Where it is a part of a structure or a solid whole from where it has to be extracted. In such case it would be the actual cost of extraction using existing equipment. Where sample cannot be extracted with existing equipment without causing irreparable damage, then actual cost of hiring special equipment can be charged

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5(g)5(g)

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5(h)5(h)

5(h) Postal charges, in excess of rupees ten, if any, involved in supply of information.

REPLACE WITH: INFORMATION MUST BE SENT TO THE APPLICANT IN A MANNER SUCH THAT A DATED PROOF OF RECEIPT IS AVAILABLE WITH THE PUBLIC AUTHORITY. WHERE, DUE TO EXCESS WEIGHT, POSTAGE IS OVER Rs. 50, THE ADDITIONAL AMOUNT CAN BE CHARGED TO THE APPLICANT PROVIDED THAT IT IS CALCULATED AND DEMANDED WITH THE ADDITIONAL FEE DUE.

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5(h) Contd……5(h) Contd……

• THE APPLICANT HAS THE RIGHT TO PERSONALLY, OR THROUGH AN AUTHORISED REPRESENTATIVE, COLLECT, OR HAVE COLLECTED, THE INFORMATION WITHOUT ANY CHARGE.

• Provided that no Fee shall be charged under this rule from the persons who are below poverty line as may be determined by

respective State Governments, OR WHERE IT HAS NOT BEEN PROVIDED IN THE TIME FRAME SPECIFIED IN THE ACT.

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S. 6S. 66. Payment of fee: Fee under these rules shall be paid by way of: (a) cash, to the public authority or to the Central Assistant Public Information

Officer of the public authority , as the case may be, against proper receipt; or (b) demand draft or bankers cheque or Indian Postal Order payable to the

Accounts Officer of the public authority; or (c) electronic means to the Accounts Officer of the public authority, if facility for

receiving fee through electronic means is available with the public authority

ADD

d) THROUGH POSTAGE STAMPS/INSTRUMENTS OR MONEY PAID RECEIPTS, WITH THE TOTAL MONETARY EQUIVALENT OF THE QUANTUM OF FEES REQUIRED

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S.7S.7

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S. 8, 9, and 10S. 8, 9, and 10

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S. 10 Contd..S. 10 Contd..

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S. 11S. 11

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S. 12S. 12

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S.13S.1313. Amendment or withdrawal of an Appeal: The

Commission may allow a prayer for any amendment or withdrawal of an Appeal during the course of hearing, if such a prayer is made by the Appellant on an application made in writing.

DELETE SECTIONRATIONALE:• WITHDRAWAL OF APPEALS COULD BECOME A

SOURCE OF HARASSMENT/BLACKMAIL.

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S.14S.14

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S. 15, 16S. 15, 16

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S.18S.18

• 18. Order of the Commission: An order of the Commission SHALL BE PRONOUNCED IN OPEN COURT and be in writing and issued under the seal of the Commission duly authenticated by the Registrar or any other officer authorized by the Commission for this purpose.

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PROPOSED ADDITIONS TO THE RULESPROPOSED ADDITIONS TO THE RULES

• SECOND APPEALS AND COMPLAINTS BEFORE THE INFORMATION COMMISSION MUST BE DISPOSED OF AS SPEEDILY AS POSSIBLE AND IN NO CASE SHOULD THE FINAL ORDER BE LATER THAN 90 DAYS FROM THE FILING OF AN APPEAL OR A COMPLAINT.

• EACH PUBLIC AUTHORITY SHOULD DESIGNATE ONE OR MORE PUBLIC INFORMATION OFFICERS WITH THE SPECIFIC RESPONSIBILITY OF ENSURING COMPLIANCE WITH SEC.4(1)(b), (c), AND (d) OF THE RTI ACT.

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PROPOSED ADDITIONS TO THE RULESPROPOSED ADDITIONS TO THE RULES

• APPLICANTS CAN FILE COMPLAINTS WITH THE INFORMATION COMMISSIONS, IN ACCORDANCE WITH S. 18(1), WITHOUT HAVING TO FILE FIRST APPEALS, OR WHILE A FIRST OR SECOND APPEAL IS PENDING WITH THE FIRST APPELLATE AUTHORITY/ INFORMATION COMMISSION RESPECTIVELY. THE COMMISSION SHALL TAKE COGNIZANCE OF ALL SUCH COMPLAINTS AND DEAL WITH THEM INDEPENDENTLY OF ANY APPEAL PROCEEDINGS.

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PROPOSED ADDITIONS TO THE RULESPROPOSED ADDITIONS TO THE RULES

• THERE WILL BE NO TIME LIMIT TO THE FILING OF COMPLAINTS AND A COMPLAINANT CAN FILE A COMPLAINT BEFORE THE COMMISSION AT ANY TIME AFTER THE CAUSE OF THE COMPLAINT.

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PROPOSED ADDITIONS TO THE RULES• RULES MAY BE FRAMED FOR OUTLINING THE

PROCEDURES FOR SHORTLISTING POTENTIAL CANDIDATES FOR APPOINTMENT AS INFORMATION COMMISSIONERS. THIS PROCESS MUST BE PARTICIPATORY AND TRANSPARENT.

• RULES FOR THE FUNCTIONING OF INFORMATION COMMISSIONS INCLUDING THOSE UNDER S. 12(4) TO BE FORMULATED AFTER A CONSULTATIVE PROCESS.

• RULES NEED TO BE FORMULATED TO ENSURE COMPLIANCE OF ORDERS OF INFORMATION COMMISSIONS.

PROPOSED ADDITIONS TO THE RULES

• ENSURE THROUGH APPROPRIATE RULES THAT PENALITIES AWARDED ARE RECORDED IN THE SERVICE RECORD.

• PROCEDURE FOR GIVING INFORMATION WITHIN 48 HOURS (IN LIFE AND LIBERTY CASES) MUST BE DEFINED.

• DEFINE PROCEDURES FOR ACCESS TO INFORMATION UNDER SECTION 24 – ALLEGATIONS OF CORRUPTION AND HUMAN RIGHTS VIOLATIONS FROM ORGANISATIONS EXEMPTED UNDER SCHEDULE II.

• INFORMATION UNDER SECTION 4(4) – WHICH WAS SUPPOSED TO BE PROACTIVELY PROVIDED - TO BE PROVIDED FREE OF CHARGE IF NOT MADE AVAILABLE PROACTIVELY.

ISSUES FOR CONSIDERATION

• RULES SHOULD BE FORMULATED TO ENSURE THAT ALL RTI APPLICATIONS AND RESPONSES ARE MADE PUBLIC.

• NAC CONSENSUS AND RECOMMENDATONS OF MEETING ON 21ST DECEMBER 2010 SHOULD BE UPLOADED ON THE NAC WEBSITE

(APPENDIX) CONTENTS OF APPEAL:

• Name and address of appellant• Name and address of the Central Public Information Officer

to whom the application was addressed• Name and address of the Central Public Information Officer

who gave reply to the application• Name and address of the First Appellate Authority who

decided the First Appeal wherever applicable• What information was asked for• What information was provided• What is appellant’s grievance and reasons for that• Prayers or relief sought• Signature of appellant