To 14-12-10.
Director,
Ministry of Personnel, Public Grievances & Pensions (DOPT),
North Block, New Delhi-110001.
Sub: Suggestions for Revised RTI Rules.
Ref: Your Notification no. F.No.1/35/2009 IR dt 10-12-10.
Thanks for giving opportunity to Citizens to give their suggestions on proposed revision of RTI Rules by 27-12-10.
Rule 4: Revised Rules propose to restrict the Application to be for one subject and limited to 250 words. Many Public Authorities are having hundreds of Public Information Officers, some with overlapping subjects. All citizens do not have computers to find out subject wise CPIOs. Many Web Sites are complicated and not easily accessible. Ministry of Railways at Rail Bhawan, Zonal Railway Headquarters, Divisional Headquarters are having large number of departments in their offices but have one CPIO at Rail Bhawan, One at Headquarters & One at Divisional level and this arrangement functions very smoothly since 2005. Rules must provide one CPIO for one Public Authority to avoid confusion amongst Applicants, the main aim of RTI Act {Sec 4-1 (c & d)} being encouraging citizens to seek information for ensuring transparency and accountability in working of Public Authority. Definition of one subject is again disputable e.g. One Subject of Welfare of Senior Citizens may contain different connected topics, which, in State like Maharashtra are dealt with different sections (not departments) of same Ministry/Public Authority situated side by side in the same building. Many aspects are connected with each other. In view of para 3 (iii) of DOPT`s O.M. no. 10/2/2008-IR dt 12-6-08, CPIOs reject the portion not belonging to their limited portfolios and ask to approach those sections` CPIOs. This is against the clear provision in the Act itself under Sec 6 (3). Again, this will result in more expenditure by way of getting typed the applications at Rs 10 per page, Fees of Rs 10 for each Application and postage /courier charges of Rs 30+, to citizens, who are working for welfare of citizens and helping Government to streamline the working of various departments, which are not replying any representations from Citizens inspite of clear instructions to reply each representation from citizens as per para 66 of Office Procedure Manual and several instructions by DOPT on this subject. The whole aim & object of RTI Act will be vitiated by restricting Subject wise Application. The best suggestion for this Rule is to have one CPIO for one Public Authority/one secretary level control, as adopted successfully by Ministry of Railways.
Rule 5: Fees for Rs 2 per page in A3 size etc: As per Sec 5 of the Act, fees have to be reasonable and as a token. A zerox copy costs Rs 0.50 in Mumbai and as such Rs 2 per copy of A3 size is not reasonable. In many cases, only Rs 2 or 4 is to be paid by IPO, MO, DD or Banker`s cheque. For this, one has to go to overcrowded Post Offices quite away from their residence or Banks, which are also crowded. Then, send that by Registered Post or Courier etc. This is time consuming & cumbersome. Kindly consider to give the Information, which Government is otherwise also required to give free of charge or exempt such payment to a certain level. At least, Senior Citizens should be exempted from such harassment and charges. Again, some CPIOs find it pleasurable to delay supply of information and use this provision for discouraging Applicants to use RTI. When information is available as spare copies of circulars or does not cost anything to Public Authority, they say that they have to charge as laid down in the Act, failing which it will be breach of the Act!! More over, most (almost All) of the Central Ministries do not use E/Mail, though reply is asked by E/Mail. CIC does not take any action on any letters sent by E/Mail, unless hard copy is received in dak etc. IInd Appeal or Complaints recorded in their Portal are not taken for action unless hard copy is sent by Post etc and remain in Status Position also with remarks that confirmation copy is not received!! Each CPIO, AA, IC, CIC should give in their letters to Applicants their E/Mail address along with general E/Mail of Public Authority with telephone no, Mobile no. and full Postal Address with Pin etc.
The required information for which Rs 2 is to be charged per page is generally prepared on computers & not on type writers or hand written. More copies can be taken out, but they make a zerox and ask for money for such copies! Even on typewriters and handwritten, 2 copies can be obtained by carbon paper! Rules must clearly provide to get additional copy from Computer/Typewriter/handwritten. No zerox copy of hand written matter is ever received. Use of computers provided at huge public cost must be made compulsory through these rules.
Rule 5(h) for postage in excess of Rs 10: This will again give CPIOs to delay supply of information by asking payment of postal charges, when reply gets ready by spending that much money required for sending reply and they may ask money for such intimation to pay postage charges! Present rules giving free delivery as per DOPT`s Memorandum no. 12/9/2009-IR
dt 24-5-10 are in accordance with the provisions of the Act and privileges/facilities given to Citizens should not be withdrawn arbitrarily to delay the supply of information and discouraging Citizens to desist from using RTI by creating such hardships!! The present practice of sending reply by Speed Post/Regd AD, which takes 5-6 days should continue, as ordinary posts in our Country reach very late, generally more than 15 days to one month and at times do not reach to the addresses.
Rule 6: Payment of fees through these instruments is very time consuming and cumbersome. Kindly introduce stamps, which should be easily available in required quantity from Post Offices/Banks.
Rule 9 for Appeal in Appendix Form: Please, specify number of copies to be sent to CIC for IInd Appeal and other Appellate Authorities for 1st Appeal.
Rule 11 (1) : Good provision but must be got implemented strictly, as this is not followed in most of the cases by CIC inspite of large number of reminders. Some time limit to accept/reject should also be fixed, as at present, it takes months together to receive Diary No. & then Case Number and then Hearing is fixed after 6 to 12 months thereafter!!
Rule 11 (3): A.A. generally do not pass final orders but give loose orders in their Speaking Orders that CPIO should give the required information within some fixed days and if not received, Applicant can go to CIC. Functions & duties of AA should be clearly provided in Rules as per DOPT`s Memorandum no. 10/23/2007-IR dt 9-7-07.
Rule 12: CIC must discuss all documents sent by Applicant with IInd Appeal and rejoinders instead of only information asked in Application, as at present. Each document sent must be discussed in Decision in detail instead of taking no cognizance of such documents at present, especially, where Appellant is not present. Rejoinders sent more than one month in advance of date of hearing by E/Mail to concerned IC by name with copy by name to concerned Asst Registrar & Sect (Main Registrar) and by Regd Post before 20 days of date of Hearing are not put on file and not considered while giving Decision. When wrong decisions are brought out to the notice of CIC, no reply is given inspite of 15-20 reminders. In Web Site, some such cases are shown as Remanded! To whom & for what is not intimated to the Applicant, who after umpteen number of reminders gets frustrated and has to forego the information.
Rule 14 (2): Please, provide for Tele-Conference, as it is easy for Appellant to attend such
Tele-conference.
Rule 18: Kindly provide some time limit for sending Decision to Appellant, as it is being received very very late and not put in time on Web Site also.
Rule 19: Please, provide that Compliance report is advised to Appellant also.
For sake of Uniformity, States may also be made to follow these Rules instead of framing their rules, which are not in conformity with Central Rules.
As per instructions, cases of Senior Citizens are to be given priority and finalized within 4 months of receipt of IInd Appeal but these instructions are not followed by CIC. This aspect may please be included in revised Rules. Even Courts follow such rules and Fast Track Courts are established for their cases.
Thanking you,
