Sir, some typing mistakes. I have corrected.
I also highlight the definition 2(e)(i) of the CIC Regulations
"(e) “CPIO” (“PIO” in case of the Union Territories and the State of
Delhi) means an officer designated by a public authority under
Section 5(1) of the Act and includes an Assistant CPIO/PIO so
designated or notified under Section 5(2) of the Act and it also
includes —
(i) an officer to whom an application submitted under the Right
to Information Act seeking certain information is transferred
under Section 5(4) of the Act; and"
section 5(4) is apply when a CPIO "seeks assistance from another
officer to discharge his duties".
But instead here the regulation is talking about "transfer of
application under Section 5(4)"
veeresh
MOTION:
"This House believes that the 'CIC Management Regulations, 2007' have no
basis/force in law, and 'inter alia' contravene/dilute the parent "RTI Act 2005"
and the duly notified Rules published by Central Government thereunder to the
detriment of citizens"
"FOR" the motion
1) Dr. Vishnu Mutthu
2) Sarbajit Roy
3) Veeresh Kumar
AGAINST the motion
None
ARGUMENTS FOR:
Per Dr.Mutthu.
1) By 12(1), the CIC is a BODY (and not any individual). The decisions must be
collective decisions and not "an individual ill-advised action of Mr Habibullah
and his cronies.". There is no proof/evidence that this impugned "Regulation" is
the collective work of the "body" (as distinct from "an individual ill-advised
action of Mr Habibullah and his cronies").
2) For the "Regulations" to be "in force" there must be a NOTIFICATION in the
OFFICIAL GAZETTE along with a HINDI version. There is no evidence/proof of
this requirement being complied with.
3) Section 12(4) only gives power to the CIC which cannot be exercised by "any
other Authority under the Act". Since Rule making power is with "Government",
CIC cannot exercise "Rule making" power. In Indian law there is no practical
distinction between a "Rule" and a "Regulation" except that "Regulations" are
generally "inferior" to "Rules".
4) CIC Regulations cannot tamper with / exceed core definitions of RTI Act like
"prescribed" as has been done.
Let the debate continue
Sarbajit
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