From: b sabha <bcsabha.kal...@gmail.com>

http://www.moneylife.in/article/shocking-on-its-own-rbi-decides-26-areas-to-be-out-of-bounds-under-the-rti-act/49160.html

Looks like the reasons for the disastrous implementation of demonetisation by 
the present government that affects each and every citizen of this country, 
will remain a dirty secret. The Reserve Bank of India, violating the basic 
norms of the Right to Information (RTI) Act is against supply of any 
information, even if it comes under the Section 4 of the RTI Act.

If you go to most of the websites of public authorities, you will find suo motu 
disclosures under Section 4 of the RTI Act, hardly being adhered too. This, 
despite, repeated directives from the Department of Personnel and Training 
(DoPT), over the last few years. The Reserve Bank of India, has audaciously 
declared on its website, that it cannot disclose most of its information, even 
that which comes under Section 4, explaining that, “being the Central Bank of 
the country, in its role as banker to the Government and banker to the banks, 
the RBI receives and holds a lot of sensitive information, the disclosure of 
which may not, at all times, be in the interest of the nation or serve public 
interest.’’

Giving a list of 26 areas where it cannot provide information, the preamble in 
the link,https://rbi.org.in/Scripts/bs_viewcontent.aspx?Id=2347, states, “A 
list of such information which cannot be disclosed either wholly or partially 
is furnished…While compiling the list, it has been the Bank's endeavour to 
attain the objectives of the RTI Act, without jeopardizing the financial 
stability and economic interests of the State. It may also be noted that the 
list is only indicative and not exhaustive and is subject to review / revision. 
Each application received under the Act would be examined in the light of the 
provisions of the Act and any decision with respect to non-disclosure by the 
Bank will be supported by the relevant exemption provisions…”

The fact is, that even that information which is not in any way sensitive nor 
would it “jeopardize the financial interest of the State” and which in fact, is 
mandatory for public disclosure under Section 4 of the RTI Act has been put 
under arrest of Section 8 of the RTI Act by the supercilious Reserve Bank. A 
few examples being:

  *   Transfer Request letters / representations / records and connected 
notings and correspondence received from officers
  *   List of employees of doubtful integrity
  *   Vigilance Audit Report
  *   Property statement and particulars of properties of employees
  *   Information regarding merger/ amalgamation proposal of banks.
  *   Information about annual branch expansion plan of banks during the 
currency of plan
  *   Correspondence with Government relating to proposed amendments to various 
Acts
  *   Information relating to appointment of directors on the boards of banks/ 
financial institutions, if it involves third party personal information
  *   Details of Superannuation benefits like Provident Fund, Gratuity, 
Encashment of leave, commuted value of pension paid to individuals (except to 
legal heirs in case of death). Also, information on compassionate package paid 
on behalf of individuals.


The 26 areas include even those ‘general’ areas where information comes under 
RT Act. For example, the Human Resources Management Department; Department of 
Banking Regulation and Department of Banking Supervision.

The RBI arrogantly declares ‘Department of Communication’ (which dishes out 
press releases) and selectively excludes journalists from briefings, as the 
only area where information comes in a totally transparent manner. It states 
here: “The role of Department of Communication (DoC) is to disseminate 
information meant for markets, banks and public in general. It receives 
information from Departments that is meant for dissemination. As such, in 
principle, DoC does not have any information that cannot be disclosed under the 
RTI Act.’’

This has prompted RTI activist Vijay Kumbhar and this author to file a 
complaint with the Central Information Commission (CIC). Kumbhar says, “Banks 
deal with public funds even if they are private ones. Reserve Bank of India is 
at the head of them all and it is scandalous that it should bring in 
information under Section 4, into Section 8 category. It has thus left no work 
for the Public Information Officer (PIO) who needs to just keep denying every 
kind of information.”

In addition, under Section 8 of the RTI Act, a public authority is bound to 
provide partial information, even if the remaining comes under information that 
can be denied. So, why pre-empt? Please see below the entire, exhaustive list 
under which information can be denied. The yellow highlights are the ones I 
have mentioned in the article. You might find a few others too.


(Vinita Deshmukh<http://www.moneylife.in/author/vinita-deshmukh.html> is 
consulting editor of Moneylife, an RTI activist and convener of the Pune Metro 
Jagruti Abhiyaan. She is the recipient of prestigious awards like the Statesman 
Award for Rural Reporting which she won twice in 1998 and 2005 and the Chameli 
Devi Jain award for outstanding media person for her investigation series on 
Dow Chemicals. She co-authored the book “To The Last Bullet - The Inspiring 
Story of A Braveheart - Ashok Kamte” with Vinita Kamte and is the author of 
“The Mighty Fall”.)


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