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ENFORCEMENT OF DECISIONS AND PENAL CLAUSES OF RTI ACT

ENFORCEMENT OF DECISIONS AND PENAL CLAUSES OF RTI ACT. BY A. VENKATARATNAM, CIC, GOA. POWERS OF ICs. Sn18:INQUIRY-6 CIRCUMSTANCES CITIZEN UNABLE TO APPROACH PIO; REFUSAL OF ACCESS TO INFO; NO RESPONSE FROM PIO IN TIME; UNREASONABLE FEE; FOR GIVING INCOMPLETE,MISLEADING OR FALSE INFO;

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ENFORCEMENT OF DECISIONS AND PENAL CLAUSES OF RTI ACT

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  1. ENFORCEMENT OF DECISIONS AND PENAL CLAUSES OF RTI ACT BY A. VENKATARATNAM, CIC, GOA.

  2. POWERS OF ICs • Sn18:INQUIRY-6 CIRCUMSTANCES • CITIZEN UNABLE TO APPROACH PIO; • REFUSAL OF ACCESS TO INFO; • NO RESPONSE FROM PIO IN TIME; • UNREASONABLE FEE; • FOR GIVING INCOMPLETE,MISLEADING OR FALSE INFO; • ANY OTHER MATTER REG ACCESS TO RECORDS UNDER THE ACT;

  3. POWERS OF ICs contd • Sn 19(8)- • DIRECTIONS TO A PA REG • ACCESS TO INFO IN A PARTICULAR FORM; • APPOINTMENT OF PIOs; • PUBLICATION OF CERTAIN INFO OR CATEGORIES OF INFO; • RECORD MAMAGEMENT; • TRAING OF OFFICIALS ON RTI; • TO SEEK COMPLAINCE OF THE RECOMMENDATIONS OF THE ANNUAL REPORTS OF THE COMMISSION • TO AWARD COMP TO CITIZENS PAYABLE BY THE PA; • IMPOSE ANY OF THE PENALTIES PROVIDED UNDER THE ACT • REJECT THE APPLICATION/APPEAL.

  4. EXECUTION OF ORDERS OF THE COMMISSION 1. EXECUTION OF PROVISIONS OF CPC NOT AVAILABLE TO THE COMMISSION. 2. POWERS OF CIVIL COURT AVAILABLE UNDER SECITON 18 INQUIRY PROCEEDINGS AND NOT EVEN FOR SECTION 19 PROVISIONS. 3. THESE POWERS RESTRICTED TO FIVE SITUATIONS ONLY. • SUMMONING OF PERSONS. • DISCOVERY AND INSPECTION OF DOCUMENTS. • RECEIVING EVIDENCE ON AFFIDAVITS. • REQUISITIONING OF ANY PUBLIC RECORD FROM ANY COURT OR OFFICE. • SUMMONING OF WITNESSES OR FOR PRODUCTION OF DOCUMENTS.

  5. PENALTY PROVISIONS • ONLY AGAINST PIOs • NEED TO BRING FAAs IN THE PENALTY NET

  6. PROCESS FOR THE IMPOSITION OF PENALTY • SCN TO BE ISSUED; • BURDEN OF PROOF ON THE PIO OR DEEMED PIO; • DISCRETION IN THE AMOUNT NOT AVAILABLE;(Sn 20(1)) “It shall impose….” • IMPOSITION OF LESSER PENALTY IN GOA ACTUALLY INCREASED THE COMPLIANCE OF ORDERS OF COMMISSION BETTER;

  7. GOA EXPERIENCE GSIC FAA PIO CASES FILED 172 253 3877 CASES DISPOSED 136 222 3529 BALANCE 36 31 348 PERCENTAGE 79.07 87.75 91.02 PENALTY IMPOSED 14 PENALTY PAID CASES 03 CASES STAYED BY THE H.C. 09 COMPENSATION AWARDED 16 COMPENSATION PAID 06 CASES STAYED BY THE H.C. 02

  8. GOA EXPERIENCE 2 • (i) EARLIER, COMPLAINTS WERE MORE THAN THE II APPEALS,NOW REDUCED TO ONLY EXECUTION PETITIONS; • (ii)ISSUE RAISED THAT CIVIL COURT POWERS NOT AVAILABLE UNDER UNDER Sn 19; PENALTY • (iii)COMPENSATION AND PENALTY CANNOT BE AWARDED UNDER SN 18 PROCEEDINGS; • (iv) EXECUTION OF OREDERS OF COMMISSION & FAA DIFFICULT FOR WANT OF CLEAR PROVISIONS; • (V) NUMBER OF PENALTY CASES STAYED BY HC EX-PARTE.

  9. SOLUTIONS • COMPLAINTS FILED ARE REJECTED IF FA REMEDY NOT EXHAUSTED; • GIC TOOK THE VIEW THAT PROVISIONS OF Sns 18,19 &20 SHOULD BE READ TOGETHER; • FOR EXECUTION, WE TAKE A COMPLAINT & ISSUE SCN TO PIO.

  10. SUGGESTIONS • AMENDMENT OF SECTION 18(3) DELETE THE WORDS “WHILE INQUIRING INTO ANY MATTER UNDER THIS SECTION”. 2. ADD ANOTHER SUB-SECTION (5) TO SECTION 18 “THE PROCEEDINGS BEOFRE THE CIC OR SCIC AS THE CASE MAY BE UNDER THE ACT SHALL BE DEEMED TO BE JUDICIAL PROCEEDINGS WITHIN THE MEANING OF CHAPTER X OF IPC”. 3. AMEND SECTION 20 (1) AFTER THE WORDS OPINION, THE FOLLOWING WORDS MAY BE ADDED “THAT THE FAA, WITHOUT ANY REASONABLE CAUSE, DID NOT DISPOSE OFF THE FA OR” PROVIDED THAT EITHER THE FAA OR THE CPIO ---- PROVIDED FURTHER THAT ----- SHALL BE ON THE “FAA OR” ----- 4. NEW SECTION 20A. TO RECOVER THE PENALTY IMPOSED AS ARREARS OF LAND REVENUE 5. NEW SECTION 20B. DISMISSAL OR FRIVOLOUS OR VEXATIOUS COMPLAINTS/APPEALS AS PER DRAFT CIRCULATED.

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