Srinagar, September 3 (Scoop News) – A spokesman of the Government today clarified that recent amendments to the J&K Right to Information Rules-2010 were aimed at removing anomalies in the execution of the act by bringing it at par with the central RTI Act of 2005 and rules framed there under.
Moreover, the spokesman said, certain discrepancies existed between the rules and the Act of 2009 as the mandate of the Act in the earlier rules was exceeded in respect of certain provisions which made it vulnerable to avoidable litigation.
He said the provision regarding initiation of criminal proceedings by the Commission was ultra vires the provisions of RTI Act-2005. It was an error which had to be corrected, he added.
The spokesman said the High Court of J&K in a writ petition PIL No. 28/2011 titled B. R. Manhas Vs State of J&K gave directions for reducing the fee structure under the Jammu and Kashmir Right to Information Rules, 2010 to bring it at par with the Central Rules. Infact, the State Government agreed before the High Court to reduce the fee structure under the J&K RTI Rules.
The State Chief Information Commissioner, the spokesman added, also vide his DO No. PS/CIC/13/11 dated 12.05.2011 addressed to the Chief Minister indicated glaring disparity between the fee structure and copying charges under the State RTI Rules, 2010 and the Central RTI Rules. He had accordingly recommended reduction in the rates of fee and other charges. This, he said, would make the State RTI Act, 2009 accessible to more people in the J&K State.
Further, the spokesman said, vide communication No. SIC/Co/Adm/18/2012/502 dated 17.04.2012 the State Information Commission proposed modifications in Rule 2(I), Rule 2(3), Rule 2(m), Rule(3), Rule 7, Rule 9, Rule 10 and Rule 36(3) of the J&K RTI Rules, 2010.
Consequent upon this a thorough exercise was conducted by the General Administration Department and it was felt that some provisions of the RTI Rules-2010 go beyond the mandate of the RTI Act, 2009 as the said Act neither provides such powers to the Commission nor the Central RTI Rules envisage such powers to the Central Information Commission, the spokesman said.