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Voluntary disclosure under RTI Act
GAD issues fresh circular to implement sec 4 (1) (b)
7/4/2015 10:51:40 PM

Early Times Report

Srinagar, July 4: In a fresh move to ensure better implementation of State RTI Act and voluntary disclosure of information, General Administration Department (GAD) has issued a fresh circular calling upon all the authorities of government, PSUs and other semi-government organisations to host all the information pertaining to their organisations on their respective official websites in terms of section 4 (1) (b) of J&K RTI Act 2009.
The July 1, 2015 circular No 21 GAD reads as:
"Instructions have time and again been issued to ensure voluntary disclosure of the information in terms of Section 4 (1) (b) of the Jammu & Kashmir Right to Information Act, 2009. However, it has been observed that most of the departments are still deficient with regard to hosting the requisite information on their official websites and, in some cases, the official websites are not being updated on a regular basis. Besides, some departments still have not launched their official websites. It is, therefore, impressed upon the Administrative Secretaries, Divisional Commissioners, Heads of Departments and Deputy Commissioners to implement the instructions issued vide circular Nos -- 07-GAD of February 2, 2015 and 19-GAD of March 22, 2015 in letter and spirit."
It is important to mention here that Right to Information Act (RTI) has completed six years of its enactment in Jammu & Kashmir but inspite of a lapse of so many years the pro active disclosure (voluntary disclosure) by public authorities under section 4 (1) (b) of J&K RTI Act 2009 which was to be undertaken within 120 days of enactment of RTI Act is still not being undertaken. In this regard, the governor had had also intervened and had summoned the GAD Secretary early this year when J&K was brought under Governor's rule.
The governor had directed the secretary to ensure that every department discloses the requisite information as required under the RTI Act under section 4 (1) (b) and the same to be put on their official websites and the same be regularly updated. He also directed that all the Departments should also undertake an immediate review of Property Statements of Immovable Assets which were filed by the officers for 2013-14 and initiate action against those who failed to file the returns.
Pertinently the J&K RTI Act 2009 was enacted on 9th March 20th 2009 but even after a lapse of almost six years the Government departments have miserably failed to adhere to the guidelines of this transparency law. One of the essential guidelines under RTI is to make voluntary disclosure by the public authorities contained in the section 4 (1) (b) of J&K RTI Act 2009. Under section 4 (1) (b) all the Public Authorities which includes Government departments, semi Government departments, corporations, boards, councils etc have to make proactive disclosure of all official orders , circulars, notices etc so that such information is readily available in the public domain through the official Government websites , notice boards ,sign boards etc and people need not to seek such information under RTI Act.
As per J&K RTI Act 2009 the proactive disclosure was to be made within four months (120 days) of the enactment of the State RTI Act.
"We are talking of digital India but unfortunately there are many Government organizations in J&K who have not even launched their official websites. Other departments who have their websites are hardly updated except a few" said Umar Javid an RTI activist from Srinagar while talking to Early Times.
In past also many civil society groups have also shown their resentment over Government's failure to ensure voluntary / pro active disclosure of information. Venkatesh Nayak from New Delhi based Commonwealth Human Rights Initiative (CHRI) has very recently filed a complaint with State Information Commission (SIC) as J&K Government's various organizations have not voluntary disclosed the details of Security Related Expenditure (SRE) for which funds are provided by Ministry of Home Affairs (MHA). Nayak had earlier written to Governor N N Vohra also who had taken a serious note of his complaint.
"It is ironical that Government authorities have violated State RTI Act openly and they have not even shown respect to the State Information Commission (SIC) which shot several notices to Government for having failed to implement section 4 (1) (b) of State RTI Act " said Mohammad Ramzan Khan RTI activist and Trustee of Jammu & Kashmir RTI Movement.
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