Economic Times: New Delhi: Monday,
April 03, 2017.
The
government has proposed a new set of rules for processing Right to Information
applications, complaints and appeals and has sought suggestions from the public
by April 15.
The proposed
rules, aimed at replacing RTI rules of 2012, have been placed by the Department
of Personnel and Training (DoPT) on its website for comments from public.
"The
time given is too less. There is no official press release in this regard as
well. How will people know that something like is placed on website for them to
give opinion," RTI activist Commodore (Retd) Lokesh Batra told PTI.
A major
proposal now allows the Central Information Commission (CIC) to convert a
complaint into second appeal which would mean it can order the disclosure of
information to an applicant who has come under complaint clause of the RTI Act
which was not the case earlier.
"The
Commission may in its discretion allow a prayer for any amendment of a
complaint during the course of its hearing, including conversion of the
complaint into second appeal, if available remedies have been exhausted, on a
prayer made by the complainant," the draft rules state.
The Supreme
Court had held in one of its orders that Section 18 of the RTI Act provides for
complaint while Section 19 of the RTI Act provides mechanism of second appeal.
It had said
that the CIC while hearing a plea under complaint clause cannot order
disclosure of the information which can only be provided if the person is
approaching it under second appeal or section 19 of the Act.
Another
provision says that the proceedings before the Commission will abate in case of
death of the appellant.
The new draft
rules also allow the Commission to use its discretion for allowing withdrawal
of appeal or a complaint if appellant requests but such requests cannot be
entertained once the matter has been decided by it.
Some RTI
activists have objected to such suggestions by the government in the past
saying information seekers may be coerced by people with vested interests and
may even be killed as the information against them cannot be ordered to be
disclosed in such cases.
The rules
also introduce provisions like providing a copy of complaint and appeal to the
Central Public Information Officer (CPIO) before approaching the CIC.
A proof in
this regard will also be submitted to the Commission along with the complaint
or appeal.
The
applicants will have to declare that the matter submitted by them before the
Commission has not been decided or pending before the Commission or any court.
The
applicants can now file complaints within 135 days of filing the RTI
application only. Any delay in filing the complaint will have to be accompanied
with the request for condonation of delay.
If the RTI
applicant does not know the name and address of the CPIO or the First Appellate
authority in a government department, he will have to provide a copy of his
complaint to the department before approaching the Commission.
The new
proposed process asks the Commission to get replies from the CPIO within a
specified time before issuing notices to them.