Thursday, November 11, 2010

Re: [HumJanenge] Abstract of Obama;s speach in Parliment (RTI)

Dear Leslie,
 
Firstof all, all of us have to discipline overselves to refrain from person acrimony & remember that our goal is to render RTI fool proff, potent & effective. Apart from the varied information that all of us seek formost is to pressurise public authorities to disclose the following unfailingly as per sectio 4 of RTI Acy unfailingly.
 

(b)

publish within one hundred and twenty days from the enactment of this Act,—

 

(i)

 the particulars of its organisation, functions and duties;

 

(ii)

 the powers and duties of its officers and employees;

 

(iii)

the procedure followed in the decision making process, including channels of supervision and accountability;

 

(iv)

the norms set by it for the discharge of its functions;

 

(v)

the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;

 

(vi)

a statement of the categories of documents that are held by it or under its control;

 

(vii)

the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;

 

(viii)

a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;

 

(ix)

a directory of its officers and employees;

 

Under accountability, the follwing information should be available.

 

A.    In the information about their accountability for acts & omissions by them in discharge of their duties as functionaries of (name public authority), should contain the following information too which is concomitant of the term accountability :

 

1.     The hierarchical functionary/ies who is/are empowered to initiate disciplinary action as per the departmental disciplinary procedure, in case of these functionaries are accused of,

 

a.     Violating the Fundamental & Human Rights of Citizens of India e.g. showing disrespect to, use of abusive language, signs of disrespect, discourteous behavior, use of physical force, derision, mockery, innuendos behaving in an accentuated manner e.g. show of anger, contempt, speaking in an inflected voice, demeaning, snide remarks etc.

 

b.     Acting ultra vires (beyond allowed empowerment limits) in discharge of their functions & exercise of powers vested with them.

 

c.     For selective application of rule, exception in application of rules, disparate application of rules, abuse of authority to favour one to the detriment of another, transgression of authority, trespassing the powers vested with a hierarchical functionary, failure to implement laws rules, favouritism, nepotism in application of laws etc.,

 

 

This should first & foremost be insisted from Central & State Information Commissions. Appointment of Information Commissioners falls under section 4 (c) & (d) of RTI Act 2005 as follows:
 

(c)

 publish all relevant facts while formulating important policies or announcing the decisions which affect public;

(d)

provide reasons for its administrative or quasi-judicial decisions to affected persons.

 

Se

Section 8(j)
 
ultimate line reads as follows:
 
Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.

 

Information commissioners should fulfil the criteria under section 12(5) & 15(5) of RTI Act 2005.

 

The Chief Information Commissioner and Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

 

The State Chief Information Commissioner and the State Information Commissioners shall be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.

 

Good aspects in USA cannot be implemented in India by wishful thinking but by our concerted efoort & solidarity.
 
Regards,
WEDS

From: LESLIE ALMEIDA <lesals2000@yahoo.com>
To: leslie_almeida@rediffmail.com
Sent: Thu, 11 November, 2010 19:16:11
Subject: [HumJanenge] Abstract of Obama;s speach in Parliment (RTI)

RTI, citizen's empowerment, accountability,open government and democracy is mentioned in US President's speech in the Parliament, as stated below:

"In the United States, my administration has worked to make government more open and transparent and accountable to the people. Here in India, you're harnessing technologies to do the same, as I saw yesterday.Your landmark Right to Information Act is empowering citizens with the ability to get the services to which they're entitled and to hold officials accountable. Voters can get information about candidates by text message. And you're delivering education and health care services to rural communities, as I saw yesterday when I joined an e-panchayat with villagers in Rajasthan.

With tainted CSIC/SIC in India can RTI deliver results ( Adarsh Society )

Will our PM. And all others sitting in Parliment open they eyes and ears? or just turn a blind eye and deaf ears to his speach

 

Leslie Almeida



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