RIGHT TO INFORMATION ACT FOR FORENSICS

Chapter 1
Right to Information act:
Salient features in FAQ form:

Evolution of the RTI act

Britishers enacted, “the official secrets act 1923” to systematically loot India. This law of secrecy became major enemy of democracy and while snatching away freedom from people, it became a weapon in handful officials with power to inflict atrocities on citizens. This act should have been scrapped or drastically pruned on 26th January 1950, the day, we celebrated free India’s first republic day but unfortunately even after 59 years of independence this act is very much in full force. The government of India, department of personnel, decided to set-up a ‘working group’ (on the ‘Right to Information and promotion of open and transparent government’) in January 1997 under the chairmanship of Mr. H.D. Shouri, which submitted its comprehensive and detailed report and the draft bill on freedom of Information in May 1997. The need to enact a law on Right to Information was recognised unanimously by the chief minister conference on “effective and responsive government”, held on 24th May, 1997 at New Delhi. The Government Of India introduced the freedom of Information bill, 2000 (bill no.98 of 2000) in the Lok Sabha on 25th July, 2000. The bill, which cast an obligation upon public authorities to furnish such Information wherever asked for, was passed by the parliament as the freedom of Information act 2002. Later, however, the UPA government decided to repeal the FOI act, and enacted a new legislation, the Right to Information Act, 2005 (RTIA) to provide an effective framework for effectuating the right of Information recognised under article 19(1)(a) of the constitution of India.

The power of the Right to Information was presaged by the Supreme Court in their rulings in the following cases:
 smt. Khasim bee case
 Mazdoor kisan shakti sangathan (mkss)
“the demand for Right to Information has taken the form of mass movement at the grass root level. A mass based organisation called the Mazdoor Kisan Shakti Sangathan (MKSS) took an initiative to lead the people in a very backward region of Rajasthan - Bhim Tehsil- to assert their Right to Information by asking for copies of bills and vouchers and names of persons who have been paid wages mentioned in muster rolls on the construction of schools, dispensaries, small dams and community centres. On paper such development projects were all completed, but it was common knowledge of the villagers that there was gross misappropriation of funds with roofless school buildings, dispensaries without walls, dams left incomplete and community centres having no doors and windows.
After years of knocking at officials’ doors and despite the usual apathy of the state government, MKSS succeeded in getting photocopies of certain relevant documents. Misappropriation of funds was clearly obvious. In some cases, the muster rolls contained names of persons who either did not exist at all or died years before. This incident is more than sufficient to show the importance of the ability of Information for eradicating mal-practices. With so many scandals emerging from time to time, it becomes vital for the management of public fund and survival of democracy.
MKSS organised a jan sunwai (people’s hearing), the first ever in the history of Rajasthan. Politicians, administrators, landless labourers, private contractors were all invited to listen, respond and, if willing, to defend themselves. Popular response was phenomenal, but village officials and politicians stayed away and remained silent, and thereby weakened their position and darkened their image.
Between December 1994 and April 1995, several other public hearings were organised. People’s anger made one engineer of the state electricity board to return in public an amount of Rs.15,000 he had extracted from a poor farmer. This grass root movement is fast spreading to other areas of Rajasthan and to other states establishing firmly that Information is power and people should have the right to official information.
 The grass root movement led by MKSS compelled the Rajasthan government to act in the direction to prepare the Right to Information Bill. The chief minister assured in the state assembly in 1995 that the government was willing to grant the Right to Information as a basic right to the citizens and any person could obtain photocopies (on payment of prescribed fee) of any document relating to development works undertaken in the previous five years. The assurance was not made good for almost a year. Meanwhile, the other sister organisations also joined hands with MKSS to start an agitation on a large scale and declared an indefinite strike. It was called off when a high level committee was appointed to work out the modalities of how photocopies could be provided in relation to the order issued on April 6, 1996. “

About Right to Information

1. When does it come into force?

2. Who is covered?

3. What does Information mean?

4. What does Right to Information mean?

1 when does it come into force?

It comes into force on the 12th October, 2005 (120th day of its enactment on 15th June, 2005). Some provisions have come into force with immediate effect viz. Obligations of public authorities [s.4(1)], designation of public Information officers and assistant public Information officers[s.5(1) and 5(2)], constitution of Central Information commission (s.12 and 13), constitution of state Information commission (s.15 and 16), non-applicability of the act to intelligence and security organizations (s.24) and power to make rules to carry out the provisions of the act (s.27 and 28).


2. Who is covered?

The act extends to the whole of India except the state of Jammu and Kashmir. [s.(12)]

3. What does Information mean?

Information means any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and Information relating to any private body which can be accessed by a public authority under any other law for the time being in force [but does not include "file notings" as per GOI DOPT][contentious issue] [s.2(f)].

4. What does Right to Information mean?

It includes the right to -
I. Inspects works, documents, and records.
Ii. Take notes extracts or certified copies of documents or records.
Iii. Take certified samples of material.
Iv. Obtain Information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. [s.2 (j)]

Officers and their obligations

1. What are the obligations of public authority?

2. What does a "public authority" mean?

3. Who are public Information officers (PIOS)?

4. What are the duties of a PIO?

1. What are the obligations of public authority?

It shall publish within one hundred and twenty days of the enactment:-
I. The particulars of its organization, functions and duties;
Ii. The powers and duties of its officers and employees;
Iii. The procedure followed in its decision making process, including channels of supervision and accountability;
Iv. The norms set by it for the discharge of its functions;
V. The rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
Vi. A statement of the categories of the documents held by it or under its control;
Vii. The particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof;
Viii. A statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, Information as to whether the meetings of these are open to the public, or the minutes' of such meetings are accessible to the public;
Ix. A directory of its officers and employees;
X. The monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;
Xi. The budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
Xii. The manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;
Xiii. Particulars of recipients of concessions, permits or authorizations granted by it;
Xiv. Details of the Information available to, or held by it, reduced in an electronic form;
Xv. 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;
Xvi. The names, designations and other particulars of the public Information officers.[s.4(1)(b)]

2. What does a "public authority" mean?
It means any authority or body or institution of self-government established or constituted: [s.2(h)]
• By or under the constitution;
• By any other law made by parliament;
• By any other law made by state legislature;
• By notification issued or order made by the appropriate government. and includes any-
o A. Body owned, controlled or substantially financed
o B. Non-government organization substantially financed directly or indirectly by the appropriate government.


3. Who are public Information officers (PIO)?

PIOS are officers designated by the public authorities in all administrative units or offices under it to provide Information to the citizens requesting for Information under the act. Any officer, whose assistance has been sought by the PIO for the proper discharge of his or her duties, shall render all assistance and for the purpose of contraventions of the provisions of this act, such other officer shall be treated as a PIO.

4. What are the duties of a PIO?
PIO shall deal with requests from persons seeking Information and where the request cannot be made in writing, to render reasonable assistance to the person to reduce the same in writing.
If the Information requested for is held by or its subject matter is closely connected with the function of another public authority, the PIO shall transfer, within 5 days, the request to that other public authority and inform the applicant immediately.
PIO may seek the assistance of any other officer for the proper discharge of his/her duties.
PIO, on receipt of a request, shall as expeditiously as possible, and in any case within 30 days of the receipt of the request, either provide the Information on payment of such fee as may be prescribed or reject the request for any of the reasons specified in s.8 or s.9.
Where the Information requested for concerns the life or liberty of a person, the same shall be provided within forty-eight hours of the receipt of the request.
If the PIO fails to give decision on the request within the period specified, he shall be deemed to have refused the request.
Where a request has been rejected, the PIO shall communicate to the requester - (i) the reasons for such rejection, (ii) the period within which an appeal against such rejection may be preferred, and (iii) the particulars of the appellate authority.
PIO shall provide Information in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.
If allowing partial access, the PIO shall give a notice to the applicant, informing:
A. That only part of the record requested, after severance of the record containing Information which is exempt from disclosure, is being provided;
B. The reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
C. The name and designation of the person giving the decision;
D. The details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
E. His or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.
If Information sought has been supplied by third party or is treated as confidential by that third party, the PIO shall give a written notice to the third party within 5 days from the receipt of the request and take its representation into consideration.
Third party must be given a chance to make a representation before the PIO within 10 days from the date of receipt of such notice.


What Information is available?

1. What is not open to disclosure?

2. Is partial disclosure allowed?

3. Who is excluded?

1. What is not open to disclosure?

The following is exempt from disclosure [s.8)]
I. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the state, relation with foreign state or lead to incitement of an offence
Ii. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
Iii. Information, the disclosure of which would cause a breach of privilege of parliament or the state legislature;
Iv. Information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information;
V. Information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information;
Vi. Information received in confidence from foreign government;
Vii. Information, the disclosure of which would endanger the life or physical safety of any person or identify the source of Information or assistance given in confidence for law enforcement or security purposes;
Viii. Information which would impede the process of investigation or apprehension or prosecution of offenders;
Ix. Cabinet papers including records of deliberations of the council of ministers, secretaries and other officers;
X. Information which relates to personal Information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual;
Xi. Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests.

2. Is partial disclosure allowed?
Only that part of the record which does not contain any Information which is exempt from disclosure and which can reasonably be severed from any part that contains exempt information, may be provided. [s.10]

3. Who is excluded?
Central intelligence and security agencies specified in the second schedule like IB, R&AW, Directorate Of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate Of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman And Nicobar, The Crime Branch-CID-CB, Dadra And Nagar Haveli And Special Branch, Lakshadweep Police. Agencies specified by the state governments through a notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide Information pertaining to allegations of corruption and human rights violations. Further, Information relating to allegations of human rights violations could be given but only with the approval of the Central or state Information commission, as the case may be. [s.24)]



Procedure for request of Information

1. What is the application procedure for requesting information?

2. What is the time limit to get the information?

3. What is the fee?

4. What could be the ground for rejection?

1. What is the application procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the official language of the area, to the PIO, specifying the particulars of the Information sought for.
2. Reason for seeking Information are not required to be given;
3. Pay fees as may be prescribed (if not belonging to the below poverty line category).


2. What is the time limit to get the information?

1.30 days from the date of application
2.48 hours for Information concerning the life and liberty of a person
3.5 days shall be added to the above response time, in case the application for Information is given to assistant public Information officer.
4. If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
5. Failure to provide Information within the specified period is a deemed refusal.


3. What is the fee?
1. Application fees to be prescribed which must be reasonable.
2. If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at;
3. Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate appellate authority;
4. No fees will be charged from people living below the poverty line
5. Applicant must be provided Information free of cost if the PIO fails to comply with the prescribed time limit.

4. What could be the ground for rejection?
1. If it is covered by exemption from disclosure. (s.8)
2. If it infringes copyright of any person other than the state. (s.9)


Information commissions

1. How is Central Information commission constituted?

2. What is the eligibility criteria and what is the process of appointment of CIC/ic?

3. What is the term of office and other service conditions of CIC?

4. What is the term of office and other service conditions of ic?

5. How is the state Information commission constituted?

6. What is the eligibility criterion and what is the process of appointment of state chief Information Commissioner /state Information Commissioner s?

7. What are the powers and functions of Information commissions?

8. What is the reporting procedure?

1. How is Central Information commission constituted?

1. Central Information commission to be constituted by the Central government through a gazette notification.
2. Commission includes 1 chief Information Commissioner (CIC) and not more than 10 Information Commissioner s (IC) who will be appointed by the President Of India.
3. Oath of office will be administered by the President Of India according to the form set out in the first schedule.
4. Commission shall have its headquarters in Delhi. Other offices may be established in other parts of the country with the approval of the Central government.
5. Commission will exercise its powers without being subjected to directions by any other authority. (s.12)

2. What are the eligibility criteria and what is the process of appointment of CIC/IC?

1. Candidates for CIC/IC must be persons of eminence in public life with wide knowledge and experience in law, science and technology, social service, management, journalism, mass media or administration and governance.
2. CIC/IC shall not be a Member of Parliament or Member Of the Legislature of any state or union territory. He shall not hold any other office of profit or connected with any political party or carrying on any business or pursuing any profession. (s.12)
3. Appointment committee includes Prime Minister (Chair), leader of the opposition in the Lok Sabha and one union cabinet minister to be nominated by the prime minister.

3. What is the term of office and other service conditions of CIC?
1. CIC shall be appointed for a term of 5 years from date on which he enters upon his office or till he attains the age of 65 years, whichever is earlier.
2. CIC is not eligible for reappointment.
3. Salary will be the same as that of the chief election Commissioner . This will not be varied to the disadvantage of the CIC during service. (s.13)

4. What is the term of office and other service conditions of ic?
1.IC shall hold office for a term of five years from the date on which he enters upon his office or till he attains the age of sixty-five years, whichever is earlier and shall not be eligible for reappointment as ic.
2. Salary will be the same as that of the election Commissioner . This will not be varied to the disadvantage of the IC during service.
3. IC is eligible for appointment as CIC but will not hold office for more than a total of five years including his/her term as IC. (s.13)

5. How is the state Information commission constituted?
1. The state Information commission will be constituted by the state government through a gazette notification. It will have one state chief Information Commissioner (SCIC) and not more than 10 state Information Commissioner s (SIC) to be appointed by the governor.
2. Oath of office will be administered by the governor according to the form set out in the first schedule.
3. The headquarters of the state Information commission shall be at such place as the state government may specify. Other offices may be established in other parts of the state with the approval of the state government.
4. The commission will exercise its powers without being subjected to any other authority.

6. What is the eligibility criterion and what is the process of appointment of state chief Information Commissioner /state Information Commissioner s?
The appointments committee will be headed by the chief minister. Other members include the leader of the opposition in the legislative assembly and one cabinet minister nominated by the chief minister.
The qualifications for appointment as SCIC/SIC shall be the same as that for Central Commissioner s.
The salary of the state chief Information Commissioner will be the same as that of an election Commissioner . The salary of the state Information Commissioner will be the same as that of the chief secretary of the state government. (s.15)

7. What are the powers and functions of Information commissions?
1. The Central Information commission/state Information commission has a duty to receive complaints from any person
A) Who has not been able to submit an Information request because a PIO has not been appointed?
B) Who has been refused Information that was requested?
C) Who has received no response to his/her Information request within the specified time limits;
D) Who thinks the fees charged are unreasonable;
E) Who thinks Information given is incomplete or false or misleading; and
F) Any other matter relating to obtaining Information under this law.

2. Power to order inquiry if there are reasonable grounds.
3. CIC/SCIC will have powers of civil court such as -
A) Summoning and enforcing attendance of persons, compelling them to give oral or written evidence on oath and to produce documents or things;
B) Requiring the discovery and inspection of documents;
C) Receiving evidence on affidavit ;
D) Requisitioning public records or copies from any court or office
E) Issuing summons for examination of witnesses or documents
F) Any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions) must be given to CIC/SCIC during inquiry for examination.
5. Power to secure compliance of its decisions from the public authority includes-
A) Providing access to Information in a particular form;
B) Directing the public authority to appoint a PIO/APIO where none exists;
C) Publishing Information or categories of information;
D) Making necessary changes to the practices relating to management, maintenance and destruction of records;
E) Enhancing training provision for officials on RTI;
F) Seeking an annual report from the public authority on compliance with this law;
G) Require it to compensate for any loss or other detriment suffered by the applicant;
H) Impose penalties under this law; or
I) reject the application. (S.18 and s.19)

8. What is the reporting procedure?
1. Central Information commission will send an annual report to the Central government on the implementation of the provisions of this law at the end of the year. The state Information commission will send a report to the state government.
2. Each ministry has a duty to compile reports from its public authorities and send them to the Central Information commission or state Information commission, as the case may be.
3.each report will contain details of number of requests received by each public authority, number of rejections and appeals, particulars of any disciplinary action taken, amount of fees and charges collected etc.
4. Central government will table the Central Information commission report before parliament after the end of each year. The concerned state government will table the report of the state Information commission before the Vidhan Sabha (and the Vidhan Parishad wherever applicable). (s.25)

Role of the governments

1. What is the role of central/state governments?

2. Who has the rule making power?

3. Who has the power to deal with the difficulties while implementing this act?


1. What is the role of central/state governments?

1. Develop educational programmes for the public especially disadvantaged communities on RTI.
2. Encourage public authorities to participate in the development and organization of such programmes.
3. Promote timely dissemination of accurate Information to the public.
4. Train officers and develop training materials.
5. Compile and disseminate a user guide for the public in the respective official language.
6.publish names, designation postal addresses and contact details of PIOS and other Information such as notices regarding fees to be paid, remedies available in law if request is rejected etc. (s.26)

2. Who has the rule making power?
Central government, state governments and the competent authority as defined in s.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information act, 2005. (s.27 & s.28)

3. Who has the power to deal with the difficulties while implementing this act?
If any difficulty arises in giving effect to the provisions in the act, the Central government may, by order published in the official gazette, make provisions necessary/expedient for removing the difficulty. (s.30)


Chapter 2
Duties of public authorities and PIO/ APIO


Obligations of public authorities
• Maintain records catalogued and indexed-> computerization, networking
• Publish certain particulars within 120 days
• Publish relevant facts while formulating policies/ decisions affecting public
• Provide reasons for administrative/ quasi-judicial decisions to affected persons
• suo moto provide Information ->minimize need for resorting to RTI
• Form of dissemination- easily accessible
• In 100 days, designate PIOS and APIOS
• Info should be free or at cost of medium only

Dissemination
• Notice boards
• Newspapers
• Public announcements
• Media broadcasts
• Internet
• Inspection of offices
• Other means

Rules and manual and suo moto data to be provided by FSL

Particulars to be published [s.4(1)(b)]
• Particulars, functions and duties of the organization
• Powers, duties of officers & employees
• Procedure followed in decision making including channels of supervision
• Norms set for discharge of functions
• Rules, regulations, instructions, manuals, records used
• Statement of categories of documents held
• Details of arrangement of consultation/ representation of public in policy formulation or implementation
• Statement of boards, councils, committees constituted as its part
• Directory of officers and employees
• Their monthly remuneration
• Budget, plans, proposed expenditure
• Particulars of concession recipients
• The manner of execution of subsidy programmes
• Facilities available for obtaining information
– Details of the Information available to, or held by it, reduced in an electronic form;
– The working hours of a library or reading room, if maintained for public use;
• Name, designation, particulars of PIO/APIO/Senior first appeal officer in the department/ SIC/NIC

Role of PIO and APIO
• PIO provides Information to anyone requesting for it
• APIO receives applications and forwards them to PIO
• Reject the request for any of the reasons specified in s.8 or s.9.
– If it is covered by exemption from disclosure. (s.8)
– If it infringes copyright of any person other than the state. (s.9)
• Where rejected, shall communicate to the requester –
– (i) the reasons for such rejection,
– (ii) the period within which an appeal against such rejection may be preferred, and
– (iii) the particulars of the appellate authority
If allowing partial access, the PIO shall give a notice to the applicant, informing:
• A. that only part of the record requested, after severance of the record containing Information which is exempt from disclosure, is being provided;
• B. the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based;
• c. the name and designation of the person giving the decision;
• d. the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and
• E. his or her rights with respect to review of the decision regarding non-disclosure of part of the information, the amount of fee charged or the form of access provided.

Functions of PIO
• Deal with requests for information

• Offer reasonable assistance to applicant

• Provide access-enabling assistance to sensorily disabled

• Seek assistance from any other officer as considered necessary

• For the purpose of contravention of this act, such other officer will be treated as PIO.

Fees
• Information should be free of cost or at prescribed cost of medium/printout
• No fees are to be taken from those below the poverty line
• If additional fees (cost of providing info) are required, PIO has to give calculations to Information seeker, and details of appeal rights
• Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate appellate authority
• If time limits passed , info to be given free

Requests for information
• Will be made to PIO
• To be in writing/ electronic means (if it can’t be in writing, PIO will assist to reduce oral request to writing)
• In Hindi, English, official language of the area
• Accompanied by prescribed fee
• No reason required
• No personal details required except for contacting
• To be transferred to another public authority if pertains to them (in 5 days)  applicant to be informed

Disposal of requests: time-frame
• In 30 days if direct to PIO
• In 35 days if through APIO
• In 48 hours if life & liberty at stake
• If redirected, in 5 days
• If not given in time, deemed refused
• If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
• If further fees required, period between dispatch of request and deposit of fees will not count

How to dispose
• Give the Information right away
• Give on payment of further fees
• Transfer to another public authority
• Refuse with reasons (as per exemptions in the act)

Cases of rejection
PIO has to communicate

• Reasons for rejection

• Allowable period of appeal

• Particulars of appellate authority

Reports to CIC and thence to parliament:

F. No. 14/3/2005-CIC Central Information commission
Block no. Iv, 5th floor old JNU campus,
New Delhi – 110067 date : 29/12/2005

To
Secretary
Ministries/departments,
New Delhi

Sir,
under section 25 of the Right to Information act, Central Information commission has been entrusted with the responsibility of monitoring and reporting by preparing a report on the implementation of the provisions of this act during that year and forward a copy thereof to the Central government.

Each ministry or department in relation to public authorities within their jurisdiction are expected to collect and provide such Information to the Central Information commission as is required to prepare a report under this section and comply with the requirements concerning the furnishing of that Information and copying records for purposes of this section.

The report in respect of the year is expected to provide statutorily following information.
(a) Number of requests received by each authority.
(b) Number of decisions where applications were not entitled to access the documents pursuant to the requests the provisions of the act under which these decisions were made and the number of times such provisions were invoked.
(c) The number of appeals referred to Central Information commission for review, the nature of appeals and the outcome of appeals.
(d) Details of disciplinary action taken against any officer in respect of administration of this act.
(e) Amount of charges collected by each public authority under this act.
(f) The details to indicate efforts made by the public authorities to administer and implement the spirit and
(g) Suitable suggestions for reform, including those required for development, improvement, modernization, reform for the amendment of the act or other legislation or common law or any other matter relevant for operationalisation the right to access the information.

2. As per section 25(4) the Central government is expected to cause a copy of the report of the CIC to be laid before the house of parliament. If, it appears to the commission that the practice of a public authority in relation to exercise of its functions under this act does not conform with the provisions or spirit of this act, it may give the authority recommendation specifying the steps which ought in its opinion to be taken for promoting such conformity.

4. The commission has decided that the above mentioned report would be prepared for each year ending in march so that it could be laid before the house session of parliament every year. It is, therefore, requested that each ministry or department, in relation to the public authorities within their jurisdiction, should place the requisite Information in respect of each point mentioned above (section 25(3)) for each public authority under their jurisdiction at their website and this Information should be updated every three months.

5. The requisite Information till December, 2005 may be placed on website by 31.1.2006 and this Information for the period ending 31.3.2006 should be updated by 15.4.2006 and so on. Instead of sending hard copies of this information, the commission should be informed of the fact that the requisite Information has been placed and updated on website within 7 days of the due dates for the purpose mentioned above.

6. Besides providing the Information listed in para 1, all ministries/departments are requested to conform by 15.1.2006 that they have met the obligations listed in section 4 (1) of the Right to Information act, 2005 and have placed the requisite Information on their website. The details of the website may also be provided.5. Any steps taken to comply with section 4(2) of the act may also be intimated in quarterly intimation mentioned in para 3 above.

7. The dates mentioned above may be please be strictly adhered to.

Yours faithfully,( s. C. Bhatia )deputy secretary tel.: 26717352


# to,
the secretary,
Ministry/department of
New Delhi.

Sir,

your kind attention is drawn to the letter of even number dated December 29, 2005. A copy of this is enclosed for ready reference.

in order to seek the above information, the commission has decided to devise a common proforma for seeking an annual return that could be used for sending this information. A proforma prepared in this regard is enclosed as annexure i.

Every ministry is requested to fill this proforma for all public authorities including departments working with them. In column 2 of the proforma, details of each public authority may be given in each row. It may kindly be noted that besides providing Information for the ministry and its departments, this proforma is to be used for providing Information for all public authorities as defined under section 2(h) of the Right to Information act, 2005. Accordingly, every ministry/department will provide Information for every public authority including public sector undertakings, autonomous bodies set up under the societies act, statutory corporations, boards, constitutional bodies like c&AG, Election Commission Of India, Supreme Court, Delhi High Court, Lok Sabha, Rajya Sabha And NGOS financed by them or in their control etc. As per section 2(h) of the Right to Information act, 2005 in a single proforma.
3. Information for each public authority may be given in a single row. The name of the public authority will be mentioned in column 2, while the number of requests received under Right to Information act will be shown in column 3. In column ‘4a’ number of decisions where application for Information sought was rejected may be filled in. In column ‘4b’, total number of times provisions of the act under which these rejections (including partial rejections) were made and number of times each these provisions was invoked has to be provided. Here all relevant sections of RTI act, 2005 have been listed for indicating number of times these were used for refusing information. If while rejecting request for application, more than one such sections was used for refusing the information, each column of relevant sub section may be filled to indicate its usage.`
4. In column 5, number of cases where disciplinary action was taken against any officer in respect of administration of this act may be given. For each case a brief write up may be sent to the commission. In column 6, the total amount of charges collected may be filled. This includes penalties and all kinds of fees, costs etc collected from the general public.
5. Under section 25 (3) (f) the commission has been asked to report efforts made by the public authorities to administer and implement the spirit and intention of the act. The ministry/department are requested to give a brief write up on efforts made by every public authority in this regard and as envisaged under various other sections of the act including sections 4 and 26.
6. The above proforma must reach the commission by april30, 2006, failing which commission’s report to parliament will reflect ‘no Information received’. It would therefore be desirable if this Information is maintained on the ministry’s website and updated at every 3 months interval.
7. In order to assure the parliament that the commission’s report is backed by authenticated details in the public authorities, the commission has decided that each CPIO and appellate authority should maintain details of application for Information as indicated in form i and ia respectively (copy enclosed). Each appellate authority will collect quarterly progress of CPIO S, against whose orders they decide the appeals, in form ii (copy enclosed) and it will be collated at the level of public authority for all the their CPIO S. Form iia has been designed for the public authority to collect quarterly progress from all appellate authorities. This should be reported to the ministry, which along with public authority may place these details on their respective website. Form iii has been suggested for each public authority to keep a quarter wise analysis of requests for Information rejected in their organization. National informatics centre has been asked to prepare software for filling the data at CPIO and appellate level, so that efforts required to collate this Information will be minimum. As soon as it is ready, all the ministries and department will be informed. Please visit commission’s website http://CIC.gov.in where all such details will be made available from time to time.
8. The receipt of this letter may be acknowledged.
Yours faithfully,



# To

The secretary,
Ministries/departments,
New Delhi.

Sir,

according to section 4 (4) of the Right to Information act, 2005 subject to the available resources every public authority is expected to computerize all records within a reasonable time and place it on its website so that access to such records is facilitated.

2. In this connection, the national informatics centre (NIC) has developed a RTI web portal http://rti.gov.in, which is a Central repository of Information about public Information officers (PIOS) and the proactive disclosures of various public authorities including state governments made under section 4 of the act. The portal has powerful ‘search’ mechanism for accessing the desired Information placed on the web. However this requires regular uploading/updation of information. With a necessary technical support from NIC nodal officers attached to your ministry/department this portal can provide latest Information placed on web to citizen who may thus avoid making requests under the act.

3. A large number of ministries/departments (as listed in appendix ‘a’) have uploaded the CPIO ’S details on the portal whereas this Information pertaining to few ministries/departments (appendix ‘b’) is still pending. Similarly the ministries and departments listed in appendix ‘c’ have uploaded ‘proactive disclosure’ details on the RTI web portal while those listed in appendix ‘d’ have not uploaded proactive disclosures in clear violation of the RTI act, 2005. Even those ministries/departments which have uploaded Information on RTI portal are not updating it regularly. The commission has received complaints that email addresses of CPIO S have not been placed on the website as a result it becomes difficult for them to contact or send their requests to the CPIO S for Information which should have been disclosed as a part of proactive disclosure under section 4 of the act. All ministries/departments may kindly ensure that email contact address of all CPIO S and appellate authorities are placed on the website as a part of mandatory disclosure and all details are updated periodically.

4. It is in the interest of the ministries and departments to update RTI portal as it is likely to reduce the volume of requests for Information under RTI act. All ministries and departments were requested to designate a nodal officer for implementation of RTI act. Please communicate his/her contact details to the commission so that he/she could regularly be contacted for updating the Information on regular basis.

5. In order to facilitate filing of annual returns to the commission of Information sought vide letter of even number dated April 10, 2006, NIC has developed a web based facility for filing these returns with the commission. An icon ‘file annual returns’ has been placed on the website of the commission i.e. CIC.gov.in and at above mentioned RTI portal. By clicking this icon, at that the bottom of window a link to the ‘manual’ has been placed. This manual in a users’ friendly way provides guidance for filling the details. Passwords for all departments and ministries have been set as ‘nic’ which nodal officer of the ministry may change it at the earliest to prevent its misuse. If there is a need felt for training for using this software, technical director of attached NIC office of your ministry/department may be contacted. For any query on this software please feel free to contact ms nidhi sr. System analyst on phone 011-23092776 or email nidhiph@nic.in

6. Your cooperation is solicited on filing the annual returns by may 20, 2006, after which the commission may have to report ‘no Information received’ from the ministry/department on its annual report to parliament.

Yours faithfully,
(p.k. gera)joint secretary tel.no.26167932


The Central Information commission (CIC) has recently ticked off Central government departments for violating a basic provision in the Right to Information law that requires public authorities to make pro-active disclosures. An analysis by the CIC last month demonstrated that nearly half of the 60-plus ministries and departments in the Central government had not done well on this count. This, the CIC’S missive to the departments to upload these details on the RTI portal (rti.nic.in) said, was “in clear violation of the RTI act 2005”.the CIC was not impressed with those who did upload the pro-active disclosures either, noting that they weren’t taking the trouble to update this Information base. The Information law had drawn up a 16-point list and required public authorities to publish details pertaining to them. Besides, it expected departments to keep on putting additional Information in public domain on its website. It was assumed that if public authorities proactively put out Information in public domain, it would not only push transparency levels a notch higher but over a period of time, also reduce the number of requests public authorities would have to handle. But eight months down the line, nothing of the sort happened.. The commission is coming round to the view that it needs to deal with non-compliance of the provisions with a heavy hand to send a message down the line.. It was in this context that a MCD deputy Commissioner was recently penalised for not passing on Information to a RTI activist.