--- In rti4ngo@yahoogroups.com, Dhirendra Krishna
<dhirendrakrishna@...> wrote:

Dear Shri Habibullah,

I have not been able to find specific mention of implementation of
RTI in the eGovernance plans of GOI. You may be surprised that in
internet forums regarding eGovernance, there was recently exchange
of emails whether there is any link between eGovernance and RTI
Act. There is a lack of clarity, on this subject.

It would have been better if (i) Imlementations of RTI Act is
prominently stated as one of the objectives of eGovernance, (ii)
Persons working on eGovernance projects and providing content to web
site of public authorities are aware of the legal requirement of RTI
Act and (iii) Training program of such personnel has focus on
administrative advantages of transparency and decentralised public
accountability arising from RTI Act and thereby lead to positive
approach towards RTIAct.

In the absence of these basic administrative measures, it is
likely that eGovernance projects may not result in effective
implementation of RTI Act. Two years have passed, since RTI Act was
operationalised.. If any eGovernance project has led to
implementation of RTI Act, it should be given due publicity by
Central and State Governments, to restore confidence in their
sincerity towards transparency and enhanced public accountability.


Dhirendra Krishna

...................................................................
..........................................................
whabibullah@... wrote:
Computerisation falls under the e-governance plan of DoAR &PG
Wajahat
> --- In rti4ngo@yahoogroups.com, "Dhirendra Krishna"
> wrote:
>
> Friends,
>
> The message placed below highlights the recent circulars issued by
> DOPT. It is unfortunate that DOPT continues to overlook the most
> significant aspects of RTI Act: Sections 4(1)(a), 4(2) and 25.
> Moreover there is no mention of financial outlay for implementation
> of RTI Act; no executive action plan can get executed without
> dedicated budget provisions.
>
> Section 4(1)(a) makes it obligatory to computerise records and make
> them accessable to public.
>
> Section 4(2) envisages suo moto disclosure of information required
> by the citizens to minimise their resort to RTI Act.
>
> Section 25 talks of educational programs, to enable citizens to use
> the RTI Act.
>
> Implementation of aforesaid programs needs dedicated budget
> allocations. DOPT is displaying their blatant lack of sincerity
> towards implementation of RTI act by ignoring these aspects.
>
> Dhirendra Krishna
> ................................................................
>
> Dear All
> I came across a couple of circulars issued by the Ministry of
> Personnel and Administrative Reforms qiute recently for
> implementation of various provisions of RTI Act. I am sorry for
> posting these circulars again, if these circulars have already been
> discussed.There are six new circulars, that I came across, on the
> DoPT's RTI website and these can be found on following link:
> http://righttoinfor mation.gov. in/Circulars/ CirIndex. htm.
>
> First circular is related to foreign visits of State Information
> Commissioners. This circular dated 05th October 2007 clarifies that
> the approval of DoPT is not necessary for the foreign visits of
> State Chief Information Commission and other State Information
> Commission. Only the approval of the state Governor and the
> requisite clearance of the Ministry of Home affairs and Ministry of
> Foreign affairs is necessary. This circular is available on
> following link:
> http://righttoinfor mation.gov. in/Circulars/ 4_16_2007( IR).pdf
>
> Second circular is a bad circular. It is an explanation of section
8
> (1) (j) to deny the disclosure of the Annual Confidential Report
> (ACR) under the RTI Act. ACR, as per this circular, is a
> confidential document and the Official Secrets Act 1923 applies on
> it. RTI Act, as the circular states, does not supersede the
Official
> Secrets Act completely. The disclosure of the ACR is an unwarranted
> invasion in the privacy of the officer, whose character, capability
> and other attributes are recorded in the ACR. Therefore, the PIO
> should be very careful and the disclosure of the ACRs should be
done
> only after the approval of the competent authority only on the
> ground that the disclosure has a larger public interest, the
> circular says. This circular has been issued after the consultation
> of the Ministry of Law and Company Affairs. This circular can be
> seen on the website at the following link:
> http://righttoinfor mation.gov. in/Circulars/ 10_20_2006_ IR.pdf
>
> Third circular id related to the publication and updation of the
> records by the public authorities under section 4 of the RTI Act.
> The Circular mandates the Public Authorities, who have not yet
> complied with section 4 of the RTI Act to publish the details at
the
> earliest and to update it every year thereafter. The circular can
be
> seen on the following link:
> http://righttoinfor mation.gov. in/Circulars/ 1_18_2007_ IR.pdf
>
> Fourth circular is a very important one. This underlines the
problem
> of disposal of appeals by the First Appellate Authority. The AA,
> while disposing the appeals, they do not act judiciously and they
> also express the agreement with the PIO. They also take more time
to
> dispose the appeal off. Further there are cases, where the PIO does
> not comply with the orders of the AA. DoPT has suggested to dispose
> of the appeal within 30 days by the AA and in an exceptional case,
> in not more than 45 days- reason of which should be recorded in the
> decision. Further, it has also suggested that as the action of the
> AA is a quasi judicial one, it should be ensured that the justice
> is not only done, but it should appear to have been done. For the
> implementation of the orders of the AA, the circular suggests that
> the AA should be an officer higher to the rank of PIO and the AA
> should also take the assistance of the even higher officer in the
> department for implementation of its order, in case the PIO does
not
> obey his orders. The circular is available on following link:
> http://righttoinfor mation.gov. in/Circulars/ 10_23_2007_ IR.pdf
>
> Fifth circular is based on the recommendation of the first report
of
> the Second Administrative Reforms Commission and it directs all
> Central Government offices to prepare an inventory of the Public
> Authorities under RTI Act and such an inventory is required to be
> posted on the website www.rit.gov. in. This circular also requires
> the ministry to prepare the list of NGOs which take grant from the
> government and are covered under the definition of the "Public
> Authority". This circular is available on the following link:
> http://righttoinfor mation.gov. in/Circulars/ 1_12_2007_ IR.pdf
>
> The last circular is also a good one. It is related to non
> implementation of provisions of RTI Act and it directs the Public
> Authorities to appoint immediately the PIOs and APIOs in the
> department, if the same has not been done. It also directs them to
> accept the fees through Postal Orders and other means of payment of
> fees as per the Fee Rules under RTI Act. The Drafts/ Postal Orders
> payable to the Accounts Officer of the concerned department now can
> not be denied by these Public Authorities as the Circular directs
> them to ensure that the instruments payable to such account are
> accepted. It also directs them not to reject the application under
> RTI Act on the ground that it is not in the format. The circular
can
> be seen on following link:
> http://righttoinfor mation.gov. in/Circulars/ 1_2_2007_ IR.pdf
>
> Thanking you,
>
> DIvyaJyoti Jaipuriar
> Advocate
> Public Cause Research Foundation
> (A Parivartan Initiative)
> Delhi
>
> --
> DivyaJyoti Jaipuriar, Advocate
> www.parivartan. com
> jaipuriar@gmail. com
> +91 9868002365
> Visit my blogs also:
> http://jaipuriar. blogspot. com
> http://jaipuriar. blog.com
>
> --- End forwarded message ---
>
>
>





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