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| Why hasn't NC declared itself a Public Authority? | | CM's Delhi speech was for galleries | | Early Times Report
Srinagar, Sept 29: Chief Minister Omar Abdullah's recent speech in New Delhi about bringing political parties under the ambit of RTI seems to be a mere hoax as Omar Abdullah has failed to declare his own party (National Conference ) as a Public Authority . It is more than 25 days since the speech was made by Omar Abdullah at the annual conference of Central Information Commission (CIC) in New Delhi but not declaring NC as a Public Authority makes it clear that Omar Abdullah speaks one language in Delhi and another in Srinagar.
"Last year in the month of September J&K Government made amendments in the J&K Right to Information Rules of 2010 which lead to severe criticism not only from the RTI activists but also from cross section of the society including political parties , civil society, media. The former Chief Information Commissioner of Central Information Commission , Wajahat Habibullah and even present CIC G R Sufi criticized that move of the Government to amend the RTI rules . Now after exactly one year since the JK RTI Rules were weakened our CM talks of bringing political parties under the purview of RTI seems to be a ridiculous statement. It is more than 25 days now since CM spoke about bringing political parties under RTI purview but till date nothing has been done . This was a mere joke with the people of this state," said RTI activist and Chief Organiser of J&K RTI Movement Shahnawaz Sultan.
The political observers and RTI activists feels that if Omar really means what he said at National RTI convention in New Delhi then he must first publicly declare that National Conference is a " Public Authority " without any delay and people must seek information from this party under J&K RTI Act 2009 . If NC does this other parties will also have to follow it.
"Only a year back Chief Minister Omar Abdullah amended J&K RTI Rules 2010 and turned the State Information Commission (SIC) into a "lame duck " , if now he talks about bringing political parties under the purview of RTI is nothing but a gimmick " said PDP Youth wing General Secretary Engineer Nazir Yatoo while talking to Early Times . CM has failed on all fronts of ensuring good governance and transparency and he has no moral authority to talk about bringing political parties under the ambit of RTI Act Engineer Yatoo added
Pertinent to mention that J&K RTI Rules 2010 entrusted various powers to the State Information Commission (SIC) and all these rules have been changed now . The SIC had power to issue warrants and summons against the top officials upto the rank of Chief Secretary but that is not possible now under new JK RTI Rules of 2012
Under the Rule 44 of erstwhile J&K RTI Rules 2010 SIC had following powers which have been all washed off now by the Omar Abdullah lead Government when the RTI rules were amended last year
(1) In order to discharge its obligation under sub-section (5) of section 22, the Commission shall make an annual roster for appearance of public authorities.
(2) The public authority shall be represented before the Commission in this regard by such senior level functionary of the public authority as may be desired by the Commission.
(3) The public authority shall be responsible for adducing evidence that the practice of the public authority in relation to the exercise of its functions under the Act in general and section 4 in particular conforms to the provisions and spirit of the Act.
(4) If it appears to the Commission on the basis of above proceedings or otherwise that the practice of a public authority in relation to the exercise of its functions under the Act does not conform with the provisions and spirit of the Act, it may give to the authority a recommendation specifying the steps which ought in its opinion to be taken for enhancing conformity.
(5) The Commission, before specifying steps which ought in its opinion to be taken for enhancing conformity, may launch a professional study by a consultant of systemic impediments in the public authority and possible solutions and may, in this regard, advise the public authority to take professional help.
(6) It shall be the duty of the department /organization to include in its annual report the recommendation of the Commission under these rules and compliance thereof.
(7) It shall be open to the department/ organization/ public authority that in lieu of the recommendation of the Commission specifying the steps which ought in the opinion of the Commission to be taken for enhancing conformity with the provisions of the Act, it may come up with an alternative model for achieving the same with sufficient dispatch but not later than four months of receipt of the Commission's recommendation and only if agreed to by the Commission, the same shall be considered as the sufficient steps to be taken for the purposes of this rule.
(8) The public authority during its performance audit shall disclose any recommendation made under these rules and compliance thereof to the auditors.
(9) The Commission in its annual report shall include these recommendations made to a department/ organization/ public authority and compliance thereof. |
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