Dear SArbajit, Many thanks for sending methis report. I have already read it and have been mentioning it in officertraining workshops. However there is a different between Public Disclosure and Public Interest Disclosure. The Union Urban Development Ministry I know was working on a draft law to provide for proactive disclosure in municipal bodies for some years now. I think that is what Veeresh is referring to. There is no connection between Public interest disclosure whichis essentially a whistleblower law and the new Rule brought in Karnataka. I have learnt just now that the Rule notification has just gone to the press for printing. thanks Venkat
_____ From: [email protected] [mailto:[email protected]] On Behalf Of sarbajitr Sent: Wednesday, December 16, 2009 12:16 PM To: [email protected] Subject: [rti_india] Re: KARNATAKA AMENDS RIGHT TO INFORMATION RULES -DUMPS PUBLIC DISCLOSURE ACT Dear venkatesh http://lawcommissio <http://lawcommissionofindia.nic.in/reports/179rptp1.pdf> nofindia.nic.in/reports/179rptp1.pdf Sarbajit --- In rti_in...@yahoogrou <mailto:rti_india%40yahoogroups.com> ps.com, "Venkatesh Nayak" <venkat...@...> wrote: > > Dear Veeresh, > Many thanks for bringing this new RTI Rule to our notice. My initial > reaction is to wonder at the carelessness in drafting this set of Rules. The > definitions section says 'Act' means RTI Act; 'Schedule' means schedule of > the Act; 'disclosure of information' means disclosure of information > enumerated in the Schedule. Now none of the two schedules of the RTI Act > contain anything to do with proactive disclosure. The definition ought to > have mentioned 'Rule' instead of 'Act. > the second issue is regards legislative competence. When DPAR is the > administrative department for the RTI Act no other department has the > authority to notify new rules or amend existing ones. If this were allowed > it will only create confusion. What is there for example, to prevent the > Forest Department or Agriculture Dept. from notifying their own set of Rules > regards fees? It is also worrisome that the KSIC has not been taken into > confidence. DoPT at least consults with the CIC regards Rules. > The move to insist on better proactive disclosure is very good. However > proper procedure must be followed and there must be due application of mind. > Sadly with the quality of governance plummetting in Karnataka in recent > years and with Ministers busy with their games of one-upmanship, these kinds > of things are bound to happen. > I remember that PRIA works with MOUD in Delhi and told us that there was a > proposal to draft a separate law for disclosure of documents of municipal > bodies. This was at least 3 years ago. We had discussed with Dr. Tandon that > it would not be a good idea to multiply laws that require disclosure of > information but bring everything under one regime set up by the RTI Act in > order to avoid confusion. There is much value in doing so. However CHRI has > not involved itself in any further discussion in this regard. So the > reference to 'Public Disclosure Act' comes as a surprise. Please let me know > if this is a state legislation or if it is a draft legislation. I could not > find anything online. I have copied this email to Muralidhar of CREAT, Dr. > Tandon and Vikas at PRIA to keep them informed. > I think it would be useful to get the Karnataka Information Commission on > board to sort out the confusion created by this new Rule. I believe the > Schedule appended to the Rule Notification is not traceable. I have asked > Muralidhar to go to the Karnataka Govt. Press sales counter and buy some > copies using the notification number and date given in your email. > Thanks > sincerely, > Venkat > > _____ > > From: rti_in...@yahoogrou <mailto:rti_india%40yahoogroups.com> ps.com [mailto:rti_in...@yahoogrou <mailto:rti_india%40yahoogroups.com> ps.com] On Behalf > Of veeresh bellur > Sent: Wednesday, December 16, 2009 6:32 AM > To: humjanenge; rti india; Karmayog.org > Cc: vikram simha; kria yahoogroups; JSD PANI; MISRA KK CIC > Subject: [rti_india] KARNATAKA AMENDS RIGHT TO INFORMATION RULES -DUMPS > PUBLIC DISCLOSURE ACT > > > > > > > > > > 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 > > _____ > > The INTERNET now has a personality. YOURS! See your Yahoo! Homepage > <http://in.rd. <http://in.rd.yahoo.com/tagline_yyi_1/*http://in.yahoo.com/> yahoo.com/tagline_yyi_1/*http://in.yahoo.com/> . >
