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THE KARNATAKA GOVERNOR'S OFFICE PIO SAYS IT IS BEYOND RTI'S AMBIT UNTIL SC ORDER!

 
 
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THE KARNATAKA GOVERNOR'S OFFICE PIO SAYS IT IS BEYOND RTI'S AMBIT UNTIL SC ORDER!
by System Administrator - Saturday, 19 December 2015, 11:59 PM
 
By: M.S.Yatnatti: Editor and Video Journalist Bengaluru: In a rather shocking instance, Karnataka governor PIO has excluded his office from providing any information to the public. Responding to a recent RTI query, his office has told the applicant that it does not come under the ambit of Right to Information Act anymore. However, the websites of governors of the states of Kerala, Karnataka and Goa, among the southern states, feature RTI details whereas Tamil Nadu, like Narasimhan's office, does not feature any RTI section.Ironically, while the office of the President still remains under the ambit of RTI Act of 2005 and disseminates information to applicants, the governor, who is appointed by the President, has chosen to stay immune from the Act. "As the governor's is a constitutional post and his office is funded by public money, his office cannot deny being a public authority, said by the RTI applicant.. It also cited a special leave petition (civil) No 333124/2011 pending in the Supreme Court stating that it cannot be deemed public authority until the verdict and mater is sub-judice and consequently no information under RTI can be made available ."The case pertains to one between the Goa government and the governor of Goa in 2008. The Supreme Court has been sitting on the case since 2011. It is not a blanket case and all governors' offices cannot take advantage of this scenario,” syas an RTI Activist. State and central Government has to publish every year the work they carry out or the information they create under 4(1) (a) (b) (c) every day ,but it did not published all the work carried out by the government under section 4(1) (a) (b) (c) (d) of RTI Act 2005 and it has not provided citizens and opportunity to ask the reasons under section 4(1) (a) (b) (c) (d) . This information and reasons need to be provided to me as per Guide on RTI to Information Act 2005 published by the Government of India Ministry of Personnel, Public Grievances & Pensions Department of Personnel & Training (available here :http://rti.gov.in/RTICorner/Guideonrti.pdf) on page 12 and Para 9, following is stated: Providing Reasons for Decisions: The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication .Attention is also invited towards the thread 'affected person ' under rti act.In fact, it can be said that "Affected" refers back to an action. The "Affected Persons" are the ones who are affected by that action. The reasons need to be given to affected person and copy of that can be given to me under 2 f of RTI Act. The KSOU office is THE PUBLIC AUTHORITY under obligation to provide information "PUBLICLY” under section 4(1) (a) (b) (c) (d). The state government and all its departments need to publish everything they do in year as per RTI Act 2005 and this need to be published every year and applicant asking information becomes easier to provide also to the applicant and Government becomes transparent . Citizens can force every PA to create information every day strictly as per the system and procedure as per listed Acts and rules regulations listed under 4(1) (a) (b) (c) every day and that can be cross cheeked by applicant by asking reasons under 4(1) (d) by the affected person and copy of the same can be given to any applicant under 2( f) of RTI Act .Promote transparency and accountability in the working of every public authority. Policy on Prevention, Detection, and Remediation of Fraud and Corruption by government is must and a major element of good governance is the control of corruption. For that reason, controlling corruption has been a key indicator. Good governance is a keystone of government. UPA government has given you RTI Act: Use It optimally :All opposition parties should use RTI optimally .Let they create booth wise RTI activists among their members or cadets and give them training and set of questions and gather that booth level information to perform better as opposition parties .Prime Minister should listen to opposition parties as they are voice of 66% voters. All responsible citizens should send RTI Question to each MP and each Minister and Prime Minister and get to know every day what they are doing and what they are performing and keep check on their performances and give them clear indication that India is awakened and want responsible Government which listens citizens.. All 70 MLAs and 543 MPs are public servants : After election are over all MLAs are public servants and they are MLA for all the constituency .All MLAs should chalk out their plans for development of their constituencies irrespective of who voted for them or who is not voted for them . THE RIGHT TO INFORMATION ACT, 2005 is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.RTI Act provides transparency under Section 3 and 4(1) (a) (b) (c) and 2(f) of RTI Act 2005 and accountability under 4(1) (d) RTI Act 2005 as the PA will create information; or to interpret information; or to solve the problems raised by the applicants under the system and procedure as per listed Acts and rules regulations listed under 4(1) (a) (b) (c) every day and that can be cross cheeked by applicant by asking reasons under 4(1) (d) by the affected person and copy of the same can be given to any applicant under 2( f) of RTI Act . Laws exist, simply put, to ensure the greater good for the greater number of people. This in turn ensures a fairly well organized and safe society. If people were not bound by laws, our society would be full of citizens doing what they most felt like doing (for their own needs and desires.) At the risk of sounding cliche, this would lead to anarchy. I agree that people will always act in their own best interest, and this is not likely to be in the best interest of the many. There are some people who will act according to their own moral code, but even morality varies. For the sake of the greater good and in order to reign in those who act without moral, we have laws.Laws exist because people are selfish and greedy and would steal from and kill each other if they could. That, at least, is how most thinkers see the question.This is the answer given by political philosophers like Locke and Hobbes. They wondered why people live in societies with laws and such. They decided it was because societies without laws were places where people's lives were, in Hobbes' words, "nasty, brutish and short."According to Locke, laws come about because people want their lives, liberties, and property to be protected. THE RIGHT TO INFORMATION ACT, 2005 is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority.RTI Act provides transparency under Section 3 and 4(1) (a) (b) (c) and 2(f) of RTI Act 2005 and accountability under 4(1) (d) RTI Act 2005 as the PA will create information; or to interpret information; or to solve the problems raised by the applicants under the system and procedure as per listed Acts and rules regulations listed under 4(1) (a) (b) (c) every day and that can be cross cheeked by applicant by asking reasons under 4(1) (d) by the affected person and copy of the same can be given to any applicant under 2( f) of RTI Act .RTI is a total problem solving mechanism and not just record providing tool.RTI will provide transparency under 4(1) (a) (b) (c) and 2(f) of RTI Act 2005 every day and Accountability can be ensured under 4(1) (a) (b) (c) (d) and 2(f) of RTI Act 2005 and this will reduces the corruption in every public authority . RTI Act is an Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The information under RTI Act is defined in, Section 2(f) of the RTI Act, which defines "information" under this Act, unless the context otherwise requires,- .(f) "information" means any material in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;". This act can be called as the "law of transparency and accountability” which acts as the citizen's weapon to question and get information related to the government's functioning so that they can analyze its performance, and act accordingly.Information is essential for the efficient working of journalists and thus, the Right to Information (RTI) Act is one of the most useful legislations for a journalist. The RTI Act has two basic divisions the first requiring public officials to suo moto publish information pertaining to their departments and the second enabling the public to access information from a public office. The official documentary proof can be obtained by simply filing an application with a fee of Rs. 10.Under Section 2 (j) (ii) of the Act, the applicant can ask for certified copies of the documents or records. This certified copy of the document giving information can be admitted in the Court as Secondary Evidence. Note that under the RTI Act, the right to information includes the right to inspection of work, documents and records; taking notes, extracts or certified copies of documents or records; and taking certified samples of material held by the public authority or held under the control of the public authority. A citizen has a right to obtain information from a public authority in any relevant form including in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through print-outs provided such information is already stored in a computer or in any other device from which the information may be e-mailed or transferred to diskettes etc.RTI, one of the few weapons the common man has in his fight against the high and mighty, citizens have unlimited powers under RTI Act 2005.Every PA must understand that "information" is not created in "Paraloka” or "Swargaloka” or in "CIC "or "SIC” which will be given by PA under Section 2(f) of the RTI Act.It is PA which creates the information every day 4(1) (a) (b) (c) and the "information" in any form, including records, documents, memos, e- mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form need to be created as per 4(1) (a) (b) (c) reasons under 4(1) (a) (b) (c) (d) need to be given by PA to the affected person and copy of the same can be given to any applicant under 2( f) of RTI Act .The PA should be forced to function and create information strictly as per under 4(1) (a) (b) (c) on the applications and request of public and provide it under 2(f) of RTI Act and information should not be incomplete misleading and false and public is free to check accountability under 4(1) (d) RTI Act 2005.The Right to Information (RTI) Act is one of the most important tools that can empower the common man, it had become imperative to fight against corruption for the effective functioning of the three pillars of democracy -- legislature, executive and judiciary. The three pillars of democracy had been included in the ambit of the RTI Act and people should make use of the provisions of the Act to bring down corruption. There was a need to create awareness among people on the wide range of powers enshrined in the RTI Act. The educated sections of society must take active part in the fight against injustice and use the provisions of the RTI Act to protect the rights of the people. THE INFORMATION IS CREATED UNDER RTI ACT 4(1) (a) (b) (c) 2005: And PA is obligated to provide this information created earlier and created every day and updated publicly and freely to all.Under 4 (1) (a) information is created before 2005 is computerized : The public authorities were functioning since before RTI ACT 2005 Under 4 (1) (a) they need to computerize the all available records and catalogues and make them available in digital or electronic format on electronic network. PA is obligated to provide this information publicly and freely.Under 4 (1) (b) information is created every day: The public approaches every day with request letters and applications and grievances to public authorities .The public authorities functions every day and they create information on the request letters and applications and grievances to public authorities as per organizational function and duties and as per the norms set by it for the discharge of its functions; and as per the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions and as per the powers and duties and procedures followed in decision making process including channels of supervision and accountability as per the rules, regulations, instructions, manuals and records ; under 4 (1) (b). The PA must declare publicly and provide information publicly and free of cost in respect of (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; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii) the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorizations granted by it; (xiv) details in respect of the information, available to or held by it, reduced in an electronic form; (xv) the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use; (xvi) the names, designations and other particulars of the Public Information Officers; The above information created by everyday by PA need to be updated and put on electronic network every year as updated information.Under 4 (1) (c) information is created by PA: The PA need to publish all decisions and policies and relevant facts which affects public.The Accountability is checked by public under 4 (1) (d): The citizens who are affected by decisions made under RTI ACT 4(1) (a) (b) (c) can seek reasons for their administrative and quasi judicial decisions .PA can provide reasons to affected person and copy of such reasons can be provided to anybody under 2(f) of RTI Act. Public is fully authorized to ask how and why and under what rules and regulations such decision is arrived at under 4(1) (a) (b) (c) of RTI ACT 2005 using 4 (1) (d).An RTI application can force the PA to create information on his application to PA under 4(1) (a) (b) (c) of RTI ACT 2005 and at the same time he can check the information whether it is provided as per 4(1) (a) (b) (c) of RTI ACT 2005 by invoking 4 (1) (d) of RTI Act 2005.And whereas democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold Government and their instrumentalities accountable to the governed.