Karnataka Government Dumps Public Disclosure Act but amends Karnataka Right to
Information Rules to make provisions proposed under Public Disclosure Act.
In a strange development Karnataka Government implemented the provisions
proposed under Public Disclosure Act by amending Karnataka Right to Information
Rules now being called Karnataka Right to Information (Disclosure of
Information by Authorities Providing Mun icipal Services) Rules, 2009. This
was disclosed during the National Conference of JNNURM held at Vigyan Bhavan,
New Delhi recently. A Notification has already been issued by the Urban
Development Department without consulting DPAR (Janaspandana) which is the
nodal agency for implementation of Right to Information Act, 2005. It is
learnt that even the Karnataka Information Commission was also kept in dark in
the matter. However the Notification issued by the Government by including the
provisions proposed under the Public Disclosure Act makes Local Bodies and
Urban Local Bodies to be more transparent in their administration.
In the recently held National Workshop on Community Participation Fund under
JNNURM Scheme held at Delhi where Mahithi Hakku Adhyayana Kendra was
represented by its Trustee Veeresh Bellur, many participants demanded
clarification on proposed Public Disclosure Act as it overrides some of the
provisions of the Right to Information Act, 2005. Karnataka State is the First
Government to implement the Provisions of Public Disclosure Act by amending
its rules under Karnataka Right to Information Rules, 2009.
GOVERNMENT OF KARNATAKA
NO. UDD;92 CSS;2009 KARNATAKA GOVERNMENT
SECRETARIAT
VIKASA SOUDHA
BANGALORE DT.26.11.2009
NOTIFICATION
In exercise of the powers conferred by sub-clause ()xvii) of clause (b) of
sub-section (1) of Section 4, read with section 28 of the Right to Information
Act, 2005 (Central Act 22 of 2005) the State Government hereby makes the
following rules, namely:
1. Title and commencement: (1) These rules may be called the Karnataka Right
to Information (Disclosure of Information by Authorities Providing Municipal
Services) rules, 2009.
(2) It shall come into force at once.
2. Definitions: (1) in these rules, unless context otherwise requires,-
(a) Act means the Right to Information Act, 2005 (Central Act 22 of 2005).
(b) ‘Disclosure of information’ means disclosure of information as enumerated
in the schedule.
(c) ‘Authorities’ means,-
i) A Municipal Corporation constituted under the Karnataka Municipal
Corporation act, 1976 (Karnataka Act 14. Of 1977) or a City Municipality or a
Town Municip0ality and a Town Panchayat constituted under the Karnataka
Municipalities Act 1964 (Karnataka Act 22 of 1964) and such other institutions
or committees of self government constituted under article 243Q of the
Constitution of India, such other authorities providing municipal services.
ii) Such other authorities, institutions or committees by whatever name called
providing municipal services specified in the twelfth schedule of the
Constitution of India and such other obligatory municipal services as provided
in the Karnataka Municipalities Act 1964 and the Karnataka Municipal
Corporations Act 1976, as the State Government may by notification specify.
d) ‘Schedule” means schedule of the Act.
e) ‘Section’ means section of the Act.
(2) Words not defined under these rules but defined in the Act shall have the
same meaning assigned to it in the Act.
3. Disclosure of Information by Public Authorities.- (1) The Public
Authorities specified in Column(2) of the schedule shall disclose the
information as specified in column (3), at such level as specified in column
(4) and at the periods specified in column (5) as provided in the Act after a
period of one year from the date of coming into force of these rules.
(a) A summary of the information disclosed in at least one newspaper
circulated in the district providing the address of the office, website and/or
e-mail and other contact details where full information may be accessed;
(b) Full disclosure of all information on the website of the local authority;
(c) Notice board of the Local Authority;
(d) Notice board of Ward Offices, if any;
(2) Any other mode, as may be prescribed, by the State Government under
the Act, or by notification issued from time to time.
(3) The Public Information Officer (PIO) designated under RTI in the
related Public Authorities will be responsible for disclosure of information
under these rules.
BY ORDER AND IN THE NAME OF THE GOVERNOR OF KARNATAKA
(S RENUKARADHYA)
UNDER SECRETARY TO GOVERNMENT,
URBAN DEVELOPMENT DEPARTMENT.
B.H. VEERESHA
MAHITHI HAKKU ADHYAYANA KENDRA
54, 17TH CROSS, M C LAYOUT
VIJAYANAGAR, BANGALORE 560 040
TEL.NO. 9448704693
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