Deptts’ websites still host repealed Act of J&K
CPIOs not designated in majority of offices
Mohinder Verma
JAMMU, Jan 8: Though over two months have lapsed since the applicability of Central Right to Information Act to the Union Territory of Jammu and Kashmir yet Government has not started acting on its various important provisions much to the disappointment and confusion of the RTI activists.
The Right to Information Act of the erstwhile State was repealed by the Jammu and Kashmir Reorganization Act, 2019 passed by the Parliament and Central Right to Information Act, 2005 became applicable from October 31, 2019.
Section 5(1) of the Central Right to Information Act mandates all public authorities/departments to designate as many officers as the Central Public Information Officers (CPIOs) in all administrative units or offices to provide information to persons requesting for the same under this Act.
Similarly, Section 5(2) of the Act states: “Without prejudice to the provisions of Sub-Section (1), every public authority shall designate an officer at each sub-divisional level or other sub-district level as a Central Assistant Public Information Officer to receive the applications for information or appeals for forwarding the same forthwith to the Central Public Information Officer.
Likewise, Section 4 of the Act provides that all the public authorities should make suo-moto disclosure of the details like the particulars of organization, functions and duties of officers, rules and regulations, directory of employees and the particulars of facilities available to the citizens etc.
However, even after the lapse of over two months no seriousness has been shown by the Government in ensuring compliance to these important provisions of the Central Right to Information Act.
This can be gauged from the fact that in most of the departments the Central Public Information Officers and Assistant Central Public Information Officers have not been designated till date, official sources told EXCELSIOR.
“No doubt there are PIOs and APIOs in many departments, who were designated as such as per the provisions of the J&K Right to Information Act, but either new CPIOs are required to be designated or a circular is to be issued clarifying that PIOs and APIOs appointed under repealed Act of J&K shall act as CPIOs and Additional CPIOs for the implementation of provisions of Central RTI Act”, sources said.
They further said, “clarification on this aspect is imperative so as to facilitate people in easily approaching the concerned CPIOs or Additional CPIOs for obtaining information under the Central RTI Act”.
What to talk of ensuring strict compliance to Section 4, which pertains to voluntary disclosure of information, the websites of almost all the departments of Government of Union Territory of Jammu and Kashmir are hosting the J&K Right to Information Act, which otherwise stands repealed since October 31, 2019.
The most shocking aspect is that General Administration Department, which is considered as most important wing of the Government, has yet not uploaded Central Right to Information Act on its website. “With such an approach how the General Administration Department can ask other departments to start implementing the provisions of Central RTI Act remains a million dollar question”, sources said, adding “this is the most imperative step so as to facilitate the people in getting information about the provisions of the Central Act”.
“The implementation of these provisions of the Central law has nothing to do with the issue which pertains to opening of branch office of Central Information Commission or establishment of Information Commission at the UT level”, sources said, adding “only Second Appeals would go to the CIC or its branch office while applications and the First Appeals would be disposed of by the CPIOs/Additional CPIOs and First Appellate Authorities”.
While Union Territory of J&K is soft-paddling on the implementation of provisions of Central RTI Act, the Union Territory of Ladakh has already started acting on the same and this is evident from the Circular No.3-GAD dated January 4, 2020 of the administration of Ladakh.
Through this circular, the Ladakh UT administration has issued directions for appointment of CPIOs and First Appellate Authorities and has made it clear that implementation of Section 4 of the Act would be reviewed periodically.
Follow our WhatsApp channel
