Comparison of the J&K RTI Act, 2009 with the Central RTI Act, 2005 Summary: 1. The JKRTI Act Act 2009 is a virtual virtual carbon copy of the Central RTI Act, 2005; 2. There are 9 noteworthy changes; 7 changes are positive (in blue) and 2 changes are negative (in red). 3. On balance, balance, JKRTI is slightly stronger Act Act than the CRTI
Comparison of the Noteworthy Differences (Text) Change
Central RTI Act, 2005
J&K RTI Act, 2009
Change #1: Comes into force at once; no subprovisions w/later dates
(3) The provisions of sub-section (1) of section 4, sub-sections (1) and (2) of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at once, and the remaining provisions of this Act shall come into force on the one hundred and twentieth day of its enactment. 6. (1) A person, who desires to obtain any information under this Act, shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made, made, accompanying such fee as may be prescribed, to— (f) information received in confidence from foreign Government
(3) It shall come into force at once. once.
JKRTI §1.3 vs. CRTI §1.3
Change #2: Urdu added as language for RTI applications but at the expense of local languages JKRTI §6.1 vs CRTI §6.1
Change #3 Foreign government info provision dropped
6. Request for obtaining information. – (1) A person, who desires to obtain any information under the Act, shall make a request in writing or through electronic means in English, Urdu or Hindi accompanying such fee as may be prescribed, to–
Nil
see CRTI §8.f
Change #4: SIC fixed at 3 members; preventing one-man SIC JKRTI §12.2.b vs. CRTI §15.2.b
Change #5: SIC loses capacity to request additional state offices; ex. for Ladakh JKRTI §12.7 vs. CRTI §15.7
Change #6: Commssnrs suspended on rec’d of
(2) The State Information Commission shall consist of— (a) the State Chief Information Commissioner, and (b) such number of State Information Commissioners, not exceeding ten, as may be deemed necessary. (7) The headquarters of the State Information Commission shall be at such place in the State as the State Government may, by notification in the Official Gazette, specify and the State Information Commission may, with the previous approval of the State Government, establish offices at other places in the State. (2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief
(2) The State Information Commission shall consist of(a) the State Chief Information Commissioner, and (b) two State Information Commissioners.
(7) The headquarters of the State Information Commission shall be at such place in the State as the Government may, by notification in the Government Gazette, specify.
(2) The Governor may suspend from office, and if deem necessary prohibit also from attending the office during inquiry, the State Chief Information
High Court not Supreme Court JKRTI §14.2 vs CRTI §17.2
Change #7: New: 1st appeal officers may reference to SIC for malafide failures
Information Commissioner or a State Information Commissioner in respect of whom a reference has been made to the Supreme Court under sub-section (1) until the Governor has passed orders on receipt of the report of Removal of State Chief Information Commissioner or State Information Commissioner the Supreme Court on such reference. Nil
JKRTI §16.3 vs. CRTI §19
Change #8: New: provision that SIC shall decide cases within 60 or 120 days JKRTI §16.11 vs. CRTI §19.10
Change #9: J&K RTI 2004 and Amendment repealed; unclear provision that implies retro-active applicability of RTI 2009
(10) The Central Information Commission or State Information Commission, as the case may be, shall decide the appeal in accordance with such procedure as may be prescribed.
31. The Freedom of Information Act, 2002 is hereby repealed.
JKRTI §28.2 vs. CRTI §31
Commissioner or a State Information Commissioner in respect of whom a reference has been made to the High Court under sub-section (1) until the Governor has passed orders on receipt of the report of the High Court on such reference.
(3) Where any Officer, at the time of deciding an appeal under sub-section (1) is of the opinion that the public Information Officer has, without any reasonable cause, refused to receive an application for information or has not furnished information within the time specified or malafidely denied the request for information or has knowingly given incorrect, incomplete or misleading information or destroyed information which was the subject of the request or obstructed in any manner in furnishing the information he or she shall make a reference to that effect to the State Information Commission. (11) The State Information Commission shall within sixty days from the receipt of appeal decide the appeal in accordance with such procedure as may be prescribed: Provided that the State Information Commission may decide an appeal within such extended period, not exceeding one hundred and twenty days from the date of filing thereof, as the case may be, for reasons to be recorded in writing extend. 28. Repeal and saving. – (1)The Jammu and Kashmir Right to Information Act, 2004 and the Jammu and Kashmir Right to Information (Amendment) Act, 2008 are hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken or any order made before such repeal shall be deemed to have been done, taken or made, as the case may be, under the corresponding provisions of this Act.
Table of Sections: No. 1 2
Central RTI 2005 Preamble §1 - Preliminary
J&K RTI Draft 2009 Preamble §1 - Preliminary
Comment Same Change #1: Comes into force at once; no subprovisions w/later dates (§1.3 vs. CRTI §1.3)
3 4 5 6 7
§2 - Definitions §3 - RTI §4 - Obligations §5 - PIOs §6- Request
§2 - Definitions §3 - RTI §4 - Obligations §5 - PIOs §6- Request
8 9
§7 - Disposal §8 - Exemptions
§7 - Disposal §8 - Exemptions
10 11 12 13 14
§9 - Certain cases §10 - Severability r §11 - 3 Party §12-13 - CIC §15-17 - SIC
§9 - Certain cases §10 - Severability r §11 - 3 Party N/A §12-14 - SIC
15
§18-20 – IC Fxns
§15-17 – SIC Fxns
16 17 18 19 20 21 22 23 24 25 26
§21 - Protection §22 - Overriding §23 - Bar Courts §24 - Certain Orgs §25 - Monitoring §26 - Programmes §27 – Rules/Gov §28 – Rules/CA §29 – Laying Rules §30 – Remove diffs §31 - Repeal
§18 - Protection §19 - Overriding §20 - Bar Courts §21 - Certain Orgs §22 - Monitoring §23 - Programmes §24 – Rules/Gov §25 – Rules/CA §26 – Laying Rules §27 – Remove diffs §28 - Repeal
27 28
Sched. 1 - Oath Sched. 2 – Security Agencies
Sched.1 - Oath N/A
Same; Same; Same; Same Same Change #2: Urdu added as language for RTI application but at expense of local languages like Ladakhi (§6.1 vs CRTI §6.1) Same Same; Change #3 Foreign government info provision dropped (see CRTI §8.f) Same Same Same N/A Same; no change in selection committee contrary to media reports; Change #4: SIC fixed at 3 members (§12.2.b vs. CRTI I§15.2.b) Change #5: SIC loses capacity to request additional state offices, such as for Ladakah (§12.7 vs. CRTI I§15.7) Change #6: Commssnrs suspended on rec’d of High Court not Supreme Court (§14.2 vs CRTI I§17.2) Same; st Change #7: New: 1 appeal officers may reference to SIC for malafide failures (I§16.3 vs. CRTI I§19) Change #8: New: provision that SIC shall decide cases within 60 or 120 days (I§16.11 vs CRTI §19.10) Same Same Same Same Same Same Same Same Same Same Same; Change #9: J&K RTI 2004 and Amendment repealed; unclear provision that implies retroactive applicability of RTI 2009 (§28.2 vs. CRTI §31) Same N/A
