BCI yet to Comply with RTI - CIC warns
TAX Department's Websites Don't Contain Information as required under RTI Act
In a recent order, the Central Information Commission (CIC) observed,
The Bar Council of India has not satisfactorily complied with the section 4(1)(b) requirements. It is a major breach of RTI by prestigious organization called BCI. They have already exhausted 10 years of time in fulfilling this obligation. Commission directs the public authority to furnish annual report in compliance with 4(1)(b) and directs the PIO to show cause why maximum penalty should not be imposed for this breach of RTI. Commission directs the Chairman, BCI to file an affidavit explaining when they would be complying with 4(1)(b) on their official website. All the responses should reach the commission by May 9, 2016. If not, Commission will be compelled to initiate appropriate action against the Chairman, BCI for noncompliance of section 4(1)(b), which was sought under section 3 by the appellant in this case as that amounts to denial of information attracting the penalties.
As per Section 4(1)(b), every public authority shall publish within one hundred and twenty days from the enactment of the Act:
1. the particulars of its organisation, functions and duties;
2. the powers and duties of its officers and employees;
3. the procedure followed in the decision making process, including channels of supervision and accountability;
4. the norms set by it for the discharge of its functions;
5. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
6. a statement of the categories of documents that are held by it or under its control;
7. 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;
8. 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;
9. a directory of its officers and employees;
10. the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
11. the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
12. the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;
13. particulars of recipients of concessions, permits or authorisations granted by it;
14. details in respect of the information, available to or held by it, reduced in an electronic form;
15. 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;
16. the names, designations and other particulars of the Public Information Officers;
17. such other information as may be prescribed and thereafter update these publications every year
On seeing the websites of CBEC, CBDT and their Commissionerates, it can be found that the Revenue Departments are clear violators of Section 4(1)(b) of the RTI Act, as most of the information as required is not available in their websites.
Will they furnish the information or wait for the CIC to issue them notices? And can't the CIC take suo moto notice of the non-compliance of Section 4(1)(b) by the Revenue Departments and direct them to furnish this information on the websites?