Right to Information (RTI)

A Powerful Tool for strengthening Democracy and Enhancing Good Governance

Presented by Ranjit Kumar Maiti, WBCS( Exe) Special Secretary ( Retd) P&RD dept , GoWB ranjitmaiti@gmail.com; ranjit@ghspl.in 09903018726 / 9874286000,

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From Ancient Indian Scripture

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Constitutional Provisions of RTI

The Right to Information is a fundamental right under the Constitution of India

Information is necessary for protection of the right to life and liberty. It is therefore a part of Article 21

Information is necessary to form and express opinions, dissent or support on any matter. It is therefore a part of Article 19 (1)(a)

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RIGHT TO INFORMATION

PARADIGM SHIFT An act which will be implemented by the people and acted upon by the government

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Why public is important?

Information is generated with public money by public servants and paid out of public funds Information belongs to the public Officials create information for public benefit
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RTI What it means

Right to seek information Duty to give information To store, organize information To make it easily available/accessible To withhold information only when it is proven to be in the best public interest

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Right to Information: Key Concepts

Transparency & Accountability in the working of every public authority The right of any citizen of India to request access to information and the corresponding duty of Govt. to meet the request, except the exempted information (Sec. 8/24) The duty of Govt. to pro-actively make available key information to all (Sec 4). A responsibility on all sections: citizenry, NGOs, Media
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Aim of the Act

To set out the practical regime of right to information for citizens To secure access to information under control of Public Authorities To promote transparency and accountability To contain corruption

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Important Definitions under RTI Act 2005

INFORMATION any material in any form records, documents, e-mails, opinions, advices, circulars, orders, logbooks, papers, press releases, contracts, reports, etc information relating to a private body which can be accessed by a public authority
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Definitions
RIGHT TO INFORMATION includes the right to Inspect documents, records, etc Take notes, certified copies, extracts Take certified samples Obtaining information in CDs, floppies, tapes, video, etc

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Then.. and Now

Secrecy a pillar of government functioning Information given at discretion Transparency a pre-condition to good governance Information a legally enforceable right Penalty for non-disclosure

No legal remedy for non disclosure

All info is secret unless there is a All info is available unless there strong reason for releasing it. are strong reasons for denying it

State as locus of control

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Citizen as sovereign
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Clarifications
"It is beyond the scope of the Act for a public authority to create information. Collection of information, parts of which are available with different public authorities, would amount to creation of information which a public authority under the Act is not required to do. The above referred emphasize that the application is made is from different public applicant. statement has been made to public authority to whom the not required to collect information authorities to supply it to the

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Power to the people- examples

A daily wage earners in a Govt/ PRI run scheme can ask to see muster rolls and payment registers A parent can challenge the basis on which medical college admissions are given A pensioner can check if personal records held by government are accurate A bidder can sue for compensation if it discovers corruption in awarding tenders A resident can question the quality of road in his locality and check specifications A peoples group can examine the viability of a development project
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Another example
If a flyover is being constructed in Kolkata the public has a right to know: Purpose served by flyover Benefits and negatives effects of flyover Information regarding cost of project Time frame for completion Nature of traffic disruption Information regarding contractor undertaking the construction This information must be made known to all citizens; not necessary for each citizen to approach the concerned department individually.
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Set up and Overview

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Proactive Disclosure
Why proactive disclosure? Will create a culture of openness There is nothing to hide Nothing but e-governance It is mandatory under section 4 (1)(b) It is already included in the citizens charter It will streamline record keeping Number of applications will reduce Number of instances of likely misuse will reduce 1st step towards less paper office
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Available Information & Common Man Proactive Disclosure

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What are the obligations of public authority? (Proactive disclosure)- A template

It shall publish within one hundred and twenty days of the enactment:the particulars of its organization, functions and duties; the powers and duties of its officers and employees; the procedure followed in its decision making process, including channels of supervision and accountability; the norms set by it for the discharge of its functions; the rules, regulations, instructions, manuals and records used by its employees for discharging its functions;
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Changing role as public servant

From administrator to facilitator Overprotection of official secrets act removed Paradigm shift Giving information is a rule & secrecy an exception Transparency & peoples participation Public interest supreme

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What does Government Information include (illustrative)

  Policy statements Minutes of discussions Decisions on paper Quasi Judicial Decision/Proceedings Budget Estimates Intra Government Memos Expert Advice Guide Lines Statistical Data Reports of Commission of Working Groups/Task Forces Survey Reports Studies File notings Proof of Quality of Environment / Pollution , etc AND MUCH, MUCH MORE
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Who are Public Information Officers?

PIOs are officers designated by the public authorities in all administrative units or offices under it to provide information to the citizens req ues tin g f or info rmat io n un der t he Ac t. 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.
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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.

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What are the duties of a PIO?

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.
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What are the duties of a PIO?

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  the reasons for such rejection,  the period within which an appeal against such rejection may be preferred, and  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.
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What are the duties of a PIO?

If allowing partial access, the PIO shall give a notice to the applicant, informing: that only part of the record requested, after severance of the record containing information which is exempt from disclosure, is being provided; the reasons for the decision, including any findings on any material question of fact, referring to the material on which those findings were based; the name and designation of the person giving the decision; the details of the fees calculated by him or her and the amount of fee which the applicant is required to deposit; and 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.

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Information related to Third party

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. Third party can prefer an appeal to the First Appellate Authority if it is not satisfied with the decision made by the Public lnformation Officer about disclosure of the information for which it has objected.

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Applications Received Without Fee

Soon after receiving the application, the Public lnformation Officer should check whether the applicant has made the payment of application fee or whether the applicant is a person belonging to a Below Poverty Line (BPL) family.  If application is not accompanied by the prescribed fee or the BPL Certificate, it cannot be treated as an application under the RTI Act.  It may, however, be noted that Public lnformation Officer should consider such application sympathetically and try to supply information sought by way of such an application.
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Transfer of Applications
The Act provides that if an application is made to a public authority requesting for an information, which is held by another public authority; or the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or relevant part of it to that other public authority within five days from the receipt of the application. The Public lnformation Officer of the public authority to whom the application is transferred, should not refuse acceptance of transfer of the application on the ground that it was not transferred to him within 5 days. The public authority should sensitize its officers about this provision of the Act lest the public authority is held responsible for delay.

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Assistance Available to PI0

The Public lnformation Officer may seek the assistance of any other officer for the proper discharge of his or her duties. The officer, whose assistance is so sought by the Public lnformation Officer, would render all assistance to him/ her. Such an officer shall be deemed to be a Public lnformation Officer. If the officer whose assistance is sought by the Public lnformation Officer, does not render necessary help to him, the lnformation Commission may impose penalty on such officer or recommend disciplinary action against him the same way as the Commission may impose penalty on or recommend disciplinary action against the Public lnforrnation Officer.

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Information Officer requires

Knowledge of Act  The limitations in the exemption clause Reorganizing the processes related to supply of information (Registers, Forms etc.) Interpreting exemptions Well reasoned order Empathy for citizens Attitudinal change to accept the paradigm shift

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What is not open to disclosure?

The following is exempt from disclosure [S.8)] 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 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; information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;

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What is not open to disclosure?

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; 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;
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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]

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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.
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[Sec. 6 & 7]

Application Process
or

 Apply in person electronically  Time limit information for

request in English or local official language 30 days

giving

 If information concerns life and liberty of a person

must be given within 48 hrs

 If information is given by third party then invite objections if any  No action on application for 30 days
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deemed refusal
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(Reasons for seeking information shall not be asked)

Calculation of time
Where the applicant is asked to pay additional fee, the period intervening between the dispatch of the intimation about payment of fee and the payment of fee by the applicant shall be excluded for the purpose of calculating the period of reply.

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Procedure of application in West Bengal

As per Notification No 157- PAR dated 10th March 2006 published by the West Bengal State Govt, application in writing/ typed should accompany a Court fee of Rs 10 ((if not belonging to the below poverty line category) provided that where such request cannot be made in writing, the State Public Information Officer shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
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What is the fee?

If further fees are required, then the same must be intimated in writing with calculation details of how the figure was arrived at; Applicant can seek review of the decision on fees charged by the PIO by applying to the appropriate Appellate Authority; No fees will be charged from people living below the poverty line Applicant must be provided information free of cost if the PIO fails to comply with the prescribed time limit.
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What could be the ground for rejection?

Section 8 (1)(a) to 8 (1)(j): Exemptions from disclosure of information unless there are overriding considerations of public interest. Section 9: Infringement of the copyright subsisting in a person other than the State. This is the only absolute exemption. Here the PIO need not consider the public interest in disclosure. Section 11: Third party information treated as confidential by the concerned and involving the case of trade or commercial secrets protected by law and other third party information where the public interest in disclosure does not outweigh the importance of any possible harm or injury to the interests of such third party. Section 24: Information of exempted intelligence and security organisations except information pertaining to allegations of corruption and human rights violations.
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Who are the Appellate Authorities?

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown). Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (delay may be condoned by the Commission if sufficient cause is shown).
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Who are the Appellate authorities?

Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority; and, within 90 days of the decision on the first appeal, before the appropriate Information Commission which is the second appellate authority. Burden of proving that denial of Information was justified lies with the PIO. First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (S.19)
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What are the powers and functions of Information Commissions?

The State Information Commission has a duty to receive complaints from any person  who has not been able to submit an information request because a PIO has not been appointed ; who has been refused information that was requested; who has received no response to his/her information request within the specified time limits ; who thinks the fees charged are unreasonable ; who thinks information given is incomplete or false or misleading ;and any other matter relating to obtaining information under this law. Power to order inquiry if there are reasonable grounds.
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Complaints
If a Public Authority has not yet appointed any PIO; or The Assistant Public lnformation Officer has refused to accept his or her application; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, The applicant can make a complaint to the lnformation Commission.

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The Central Information Commission (Appeal Procedure) Rules, 2005

Contents of appeal: (i) Name and address of the appellant; (ii) Name and address of the State Public Information Officer against the decision of whom the appeal is preferred; (iii) Particulars of the order including number, if any, against which the appeal is preferred; (iv) Brief facts leading to the appeal; (v) If the appeal is preferred against deemed refusal, the particulars of the application, including number and date and name and address of the State Public Information Officer to whom the application was made; (vi) Prayer or relief sought; (vii) Grounds for the prayer or relief. (viii) Verification by the appellant; and (ix) Any other information which the Commission may deem necessary for deciding the appeal. Documents to accompany appeal: (i) Self-attested copies of the Orders or documents against which the appeal is being preferred; (ii) Copies of documents relied upon by the appellant and referred to in the appeal; and (iii) An index of the documents referred to in the appeal.

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What is the role of Central/State Governments?

Develop educational programmes for the public especially disadvantaged communities on RTI. Encourage Public Authorities to participate in the development and organization of such programmes. Promote timely dissemination of accurate information to the public. Train officers and develop training materials. Compile and disseminate a User Guide for the public in the respective official language. 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)
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What are the penalty provisions?

      Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for not accepting an application; delaying information release without reasonable cause; malafidely denying information; knowingly giving incomplete, incorrect, misleading information; destroying information that has been requested and obstructing furnishing of information in any manner. The Information Commission (IC) at the Centre and the State levels will have the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. (S.20) Immunity from legal action for action taken in good faith (S. 21).

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What is the jurisdiction of courts?

Lower Courts are barred from entertaining suits or applications against any order made under this Act. (S.23) However, the writ jurisdiction of the Supreme Court and High Courts under Articles 32 and 225 of the Constitution remains unaffected.

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Commonality in E-Governance & RTI Act

 The right to information and e-governance share a common objective to make information available in the most accessible form and manner.  The right to information empowers citizens with the right to Demand information and Governments with the duty to Supply .  E-governance can empower governments to better meet their obligations under the RTI Act by assisting Governments in streamlining and simplifying their delivery of services to the public . The Common Service Centres being set up at GP and Block offices under NeGP can be utilised as Information hubs from which citizens can access proactive disclosure without having to visit various offices.

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Records Management
Key to ensuring efficient delivery of information under the RTI Act will be effective records management. This is an area where majority of public authorities seem to be weak. Record management practices will need to be reorganized in the context of the right to information. Public authorities will need to reassess existing records management to determine whether current practices of collection, collation and storage allow easy access in a time bound manner. Here e-governance can play a major role in facilitating more efficient and systematic records management and retrieval system on real time basis.

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WEST BENGAL INFORMATION COMMISSION Bhabani Bhaban (2nd Floor), Alipore Kolkata 700 027 Telefax (033) 2479-1966. Website : www.wbic.gov.in E-mail : scic-wb@nic.in

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A Model Letter of Application / Request Date:.. To, The Public Information Officer, (Name of the Public Authority), (Address of the Public Authority) Sir / Madam: Sub: Request for Information under the Right to Information Act, 2005 [if applicable] Kindly, provide me the following information:. (Mention the information you want as specifically and clearly as possible and the period of time to which the information pertains) [if applicable] I request for receipt of the information in the following format(s) true copy / print out / diskette / floppy / tape / video cassettes / certified copies of documents or records in person / by post / by e-Mail. [if applicable] I would like to inspect the following works / documents / records / take notes / extracts.. (Mention clearly and specifically what is wanted for inspection). Kindly inform me the date and time for my visit. [if applicable] Kindly, provide me certified samples of material (Mention specifically and clearly the material). I request for receipt of the certified samples (Describe) ... The details of fees paid by me are as follows (Specify)... /I belong to the Below Poverty Line Category [if applicable, attach a photocopy of the proof] and I am not required to pay any fees. Sincerely, (Applicants signature/Thumb Impression) Applicants Name: Applicants Address: Applicants Phone Number/e-Mail Address (optional): Place: Date: Note: This is a suggested format, and need not necessarily be adhered to. The RTI Act, 2005 does not specify any Model Letter of Application for requesting information. RKMaiti 59

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Examples of How RTI can be used to undertake Social Audit of Government/ PRI processes, programmes and schemes

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Mahatma Gandhi National Rural Employment Guarantee Scheme

Any individual can inspect mandatory records maintained by Gram Panchayats & seek information & explanation under the scheme. Records that can be verified include:

Application Registration Register Job Card Register Employment Register Estimates Register Muster Roll Register Measurement Books (M B) Complaint Register, etc

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Public Distribution System

Any individual can invoke the RTI Act to collect information and verify the following under this process:

Register/s containing names of card holder. Stock registers to assess the total stock Sale registers List of BPL cardholders List of commodities and rates fixed by the Government Other registers supplied by Civil Supplies Officer , etc

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Integrated Child Development Services

Individuals can enquire and ensure whether proper services are provided at ICDS (Anganwadi) centre. RTI Act can be used to get information on: (sub. to exemptions)

Registration of beneficiaries Attendance of children and Anganwadi Teacher Growth monitoring of children & pregnant women Participation in immunization Supplemental nutrition Pre-school education ( 2-5 years) Regular health checkups Primary schools enrollment after anganwadi

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Primary Health Services

RTI can be used significantly to enhance PHC service delivery. Individuals can seek information with respect to the functioning of the PHC such as:

Attendance of medical officer and other staff Field visits & supervisory visits of the PHC staff Stock registers and inventory of medicines No. of Outpatients treated No. of Surgeries conducted and their success rate Inspection of immunisation registers & cold chain Inspection of other relevant registers Samples of medicines being supplied to patients.

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Primary Education
Individuals can take a lead role in ensuring that the public education system function efficiently. The RTI Act can be used for accessing the following information: Teacher Attendance Registers Pupil Attendance Registers Teaching standards in the schools (Curriculum and daily lessons) Enrollment and drop-out rate of students Student performance (Progress reports) Implementation of Mid-Day Meal Programme Infrastructure standards in schools (Class rooms, black boards, teaching aids, toilets etc.)

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Using RTI for getting an electricity connection (Delhi) Ashok Gupta applied to the Delhi Vidyut Board (DVB) for a new electricity connection, in February 2001. Because he refused to pay a bribe, for a year no action was taken on his application. In February 2002, he filed an application under the Delhi RTI Act. In his application he asked for the following information: The daily progress made on his application till date The names and designations of the officials who were supposed to take action on his application and who have not done so As, according to the Indian Electricity Act, a requester should get a new connection within 30 days of application thus are these officials guilty of violating the Electricity Act? As these officials have not provided the connection in time, does the DVB plan to take any action against these officials? If yes, in how much time? When will he get his connection?

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Some cases of interest for discussion session

Gopal's wife suspects that ill treatment has caused Gopals death while he was in police custody. She has demanded a copy of the Magistrate's enquiry report. The PIO has refused. In your view whether the PIO's reply is appropriate. Rahim, a government employee, is admitted to a government hospital in serious condition. His wife has asked the PIO (doctor) details about the medicines, injections and details of treatment administered to Rahim after his admission. Mohan, the brother of a contractor suspects that though his brother's tender was the lowest, it was rejected as a relative of a senior official was to be awarded the contract. Mohan has asked for the comparative statement of all tenders received, rates and reasons for rejecting his brother's tender.

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Supply of lnformation to Associations etc.

The Act gives the right to information only to the citizens of lndia. It does not make provision for giving information to Corporations, Associations, Companies etc. which are legal entities / persons, but not citizens. However, if an application is made by an employee or office bearer of any Corporation, Association, Company, NGO etc. indicating his name and such employee / office bearer is a citizen of India, information may be supplied to him / her.  In such cases, it would be presumed that a citizen has sought information at the address of the Corporation etc.
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Clarifications on verbal information

1. Government offices have been providing information to people on the
basis of their verbal requests in the past. Does the RTI Act require that such informal practices be ended? Response: No, there is no need to discontinue the conventional and informal practice of giving information upon verbal request. The RTI Act does not put an end to such practices. If information can be given without delay upon verbal request it is better to give such information to the requester rather than require him/her to put in a formal application. This helps reduce paper work for the public authority and increases confidence of citizens in the administration.

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Clarification on ACR of Govt employees

2. Can government officers get access to their Annual Confidential Rolls (ACRs) under the RTI Act? Response: This is an area that requires clarification from Government. Ordinarily ACRs are secret documents but if the senior officer records an adverse remark against an officer the same must be communicated to such officer. Opinion is divided as to whether an officer may be given a copy of his/her ACR upon request under the RTI Act with some officers maintaining that ACRs will also become open documents. However some others believe that ACRs are personal documents and therefore enjoy the protection of exemptions to RTI under Sec. 8(l)(j) unless it is shown that public interest is better served by disclosing the ACR. However this is likely to be a matter for the Information Commission to decide on a case by case basis.

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Clarification on Answer scripts of a student

3. Can students ask for copies or inspection of their answer scripts if they are unhappy with the marks awarded by the examiner in public examinations? Response:
Nothing In the RTI Act is likely to prevent a student from accessing his/her answer scripts. As such answer scripts are made available to students after evaluation in schools, colleges and Universities where internal examinations' are conducted. There is no logical reason to justify the secrecy accorded to answer scripts evaluated in the context of public examinations. Perhaps the fear is that disclosure in such cases may lead to a flood of demands for re-evaluation from dissatisfied students thereby derailing the whole examination process. Government will have to come out with clear guidelines on this matter as well keeping in mind the spirit of the RTI Act.
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Whether to designate PIOs at Field offices ?

4. Every department performs different kinds of function at different levels of operation from the Secretariat to the Block level. Will disclosure under Sec. 4 have to be designed for every one of these levels separately? Response:
Yes. Every such public authority will have to develop its own proactive disclosure documents also known as Public Information Directories/ Handbooks unique to its powers, functions and area of operation. Sec. 4 is designed to ensure that public authorities give certain information which is important to the public voluntarily at every level of operation. If implemented properly, Sec, 4 will reduce the workload of officials and public authorities because it will mean that information which is regularly needed by the public can be accessed by them without the need for a specific request.

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On proactive disclosure by public authorities

5. The production of 17 manuals under Sec.4(l) - as advised by the DOPT in a recent circular - will be very difficult and burdensome. Response: The idea of producing 'manuals' does not properly reflect the objectives of Sec.4 proactive disclosure, which is simply to publish and disseminate key information routinely in a manner and form which is easily accessible and understood by the public [sec Sec.4(3) and 4(4) of the RTI Act which specifically require this]. These 17 subsections of Sec. 4 are 17 categories of information that the public authority is required to prepare and disseminate proactively through books, notice boards, print and electronic media. Most of the information required to be published proactively under this section may already be available within the public authority albeit in a scattered manner. These will need to be collected and collated to fulfill the requirement of Sec. 4. Several officials are pleased with Sec. 4 as it will help them streamline their own housekeeping procedures. Furthermore not every public authority may be required to collate information under all categories of Sec.4. Public Information Directory.

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Information dissemination through Internet- is it enough?

6. Is it enough to disseminate information under Sec. 4 on the Internet? Response: Proactive disclosure of information could be made possible through various print and electronic means. It may be disseminated in one or a series of documents in print. They could all be uploaded on the website of the concerned department. Certain categories of information such as the name and designation of the officers concerned in each office, broad norms of service etc, may be put up on notice boards. Information regarding beneficiaries of various development schemes, concessions and permits may be published from time to time in leading newspapers. As the proportion of people that use Internet facility regularly is only a miniscule figure it-is better to print Public Information Directories or publish variable information like that of beneficiaries of schemes and recipients of concessions etc, through newspapers. Further, such documents should be made easily accessible to people through Media/Information Centres established at the Block/ GP or district level. Similarly such Directories should be made available to people in all public libraries established, financed or supported by the Government.

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Is it enough to publish information once?

7. Is it enough to publish information under Sec. 4 once at the time of the commencement of the RTI Act?
Updating of information is very important under Sec. 4 of the RTI Act. This is a statutory requirement. The State Government will have to come out with general instructions for time bound updating of all categories of information. Every public authority may in turn issue detailed instructions for updating information that is specific to its functions. For example, information on subsidy schemes (see Sec.4 (xii)) needs to be published and updated regularly if it is to be useful in terms of enabling the public to check that they are receiving proper subsidies and minimising corruption. Whenever officers are transferred, the public authority will have to update its website and notice board for the benefit of public.

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On disclosure of salary of officials

8. If the salaries and emoluments of officers are disclosed proactively as required by Sec. 4 they may be targeted by anti-social elements and terrorists for extortion. Does this not expose the officers to danger? Response: Most officers in the States believe that the honest and upright officer will not be targeted by such elements. Only those officers who are corrupt or those who violate lawful procedures and make illegal gains need fear extortion. Honest officers have nothing to hide and will have no objection to' making information about their salaries and emoluments known to the public. But the task of compiling this kind of information and updating it on a regular basis is likely to be tedious. Therefore it might be a good idea to display the salary slips of all officers on the notice boards of the offices where they work once a year. The requirement of proactive disclosure is met with. Alternately, all such information may be displayed on the Internet.

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Any format for application by public?

9. An application whether made on plain paper or in a prescribed format may contain the following points name of the applicant name of the father / husband (as the case may be) of the applicant contact details of the applicant including complete postal address, telephone numbers and email address (if any) name of the public authority from whom the information is being requested nature and details of the information requested whether proof of payment of application fee is attached or not if the applicant claims fee waiver whether proof of BPL status is attached or not whether the applicant wishes to receive the information by post?

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10. Application relates to many items of information

Response:
The Act does not permit rejection of an application simply because it relates to a large number of documents. If a large number of records are involved in relation to a request, the PIO can contact the requestor and clarify their request to see if they can reach a mediated solution that will give the requestor what they want without unnecessarily burdening the PIO. If the applicant is not easily reachable except by post then the PIO may give detailed reasons in writing for not being able to meet the information request. No penalty will be imposed on the PIO if it is shown that he/she has taken action in good faith (Sec. 21). If some of the information requested relates to the work of another public authority within the same department or in another department, the PIO has the power to transfer those parts of the application to such public authority under Sec. 6(3)..
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11. Single applicationrelating to several offices/ departments

Is the PIO responsible for giving all that information within the deadline? Response: No, the RTI Act makes it clear that the PIO has the power to transfer an application or parts of it if it relates to information held by another public authority or relates more closely to the activities of that other public authority within five days[Sec. 6(3)]. The PIO is not responsible for collecting information from other public authorities especially if it is likely to take more than 30 days to secure such information. It is better to transfer the application to the concerned PIO and inform the applicant about the transfer in writing immediately. This amounts to action taken in good faith and will not attract any penalty to the PIO.

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Apprehension of misusing RTI Act to blackmail honest officers.

12. Should the PIO not be given the power to verify the intentions of the applicant?  Response: While it is possible that some elements may misuse the RTI Act there is very little opportunity for the PIO to verify the intentions of the applicant. While personal contact details of the applicant are amenable to verification it is near impossible to verify his/her intention in seeking information. Furthermore Sec. 6(2) makes it clear that the applicant will not be required to give reasons for seeking information. An honest and sincere officer need not fear blackmail. The best way to avoid blackmail is to make available as much information as possible proactively. As far as possible upload all information disclosed upon request on the website. When information is accessible by a large number of people the possibility of blackmail diminishes considerably.

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In case of flood of applications for inspection of records

13. How will the PIO provide access to all applicants and also do justice to his/her other designated duties? What if one such applicant mutilates or destroys the record during inspection? Response:  The Government needs to make rules and guidelines for PIOs regarding the procedure to be followed for allowing inspection of records.  Specific timings will have to be notified for allowing public inspection of records.  If there is a high demand for the inspection of certain categories of records it is advisable to digitize such records as far as possible and upload it on the Internet to facilitate easy access to the public. This will reduce the workload of the PIO as well.  The Government will have to issue clear guidelines relating to the manner in which inspection of records will be allowed. The carrying of sharp edged instruments or inflammable material to the place of inspection may have to be prohibited.
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Request for proactively disclosed information

14. If the information requested by a citizen has already been proactively disclosed can a PIO refuse to accept the request? Response:
 There is nothing in the RTI Act that states that information disclosed proactively should not be provided to a citizen on request.  Sec, 4(4) requires that all materials disseminated under this Act should be available with the PIO and as far as possible in electronic format.  If available in printed format the PIO may make copies of the same or provide photocopies of the relevant pages to the citizen. If such information is available only in electronic format the same may be provided on floppies, diskettes, CDs or in the form of printouts upon payment of fees at rates prescribed by the Government.

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What is the role of Assistant PIO?

15. Is the Assistant Public Information Officer (APIO) an assistant to the Public Information Officer (PIO)? Response:  No, the APIO is not an assistant to the PIO.  An APIO may be appointed at the sub-district or sub-divisional level where a public authority may not have an office or administrative unit. The APIO has responsibilities under the RTI Act receive applications for information from citizens and forward them to the concerned PIO immediately or within five days; receive appeals from citizens and forward them to the Departmental Appellate Authority or the Information Commission (as indicated in the appeal letter) immediately or within five days. APIO can also deliver information in his /her possession without referring to PIO An APIO is liable for penalty if he/she refuses to receive applications or appeals.
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In case of Touring PIO

16. If a PIO has touring duties as well, then he will not be physically present to receive application in the office. Will his absence amount to refusal to accept information request? Response: The best solution for such difficult situations is for the PIO to authorize a subordinate/colleague within the same public authority to receive applications and put this in writing for the sake of avoiding confusion in his/her absence. This will ensure that citizens' applications are received even in the PIO's absence and action is taken on the same. By putting the request for assistance in writing, the PIO will also protect him/herself against any action for penalties if the processing of the application is delayed.

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In case of BPL families

17. Should BPL applicants be charged the additional cost of providing information requested? Response: No, the RTI Act makes it clear that no-fee will be charged from people living below the poverty line at any stage [Sec. 7(5)].

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Process for refunding the money to the applicant?

18. The RTI Act states that information must be provided free of cost if it is not given within the time limit specified. What is the process for refunding the money to the applicant? Response:  Yes, the applicant is entitled to information free of cost if it is provided after the lapse of the deadline stipulated in the Act.  The State Government should prescribe the process for refunding the additional fees paid by the applicant.  It should also specify whether the application fee will also be refunded to the applicant in such cases.  This process of refund must take the convenience of the applicant into consideration.

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Penal action against PIO

19. If the applicant does not pay the additional fees towards cost of providing information within the 3O day deadline will the PIO be penalized for failing to provide information to the applicant? Response:
 No. The PIO will not invite any penalty in such cases.  The 30-day clock stops ticking from the date of dispatching the intimation order issued by the PIO and restarts on the date on which the applicant pays the additional fee.  The PIO will have to provide the information within 25 days from the date of payment of additional fees, if the applicant did not prefer 1st appeal against the additional fees calculated by the PIO.

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Information relating to life and liberty

20. How can additional fees be collected for providing information regarding the life and liberty of a person considering the fact that such information should be provided within 48 hours ? Response:  The Government will have to issue clear guidelines regarding the procedure for providing information in such cases as there may not be enough time available for completing such procedures.  It is advisable to provide such information immediately without charging any additional fees.

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Information on private life of public servant

21. Officials are required to give information about themselves and their families under the law. Can the public request this kind of information? Should it be given? Response:  Not necessarily so. This may be private or personal information which is exempted under Sec. 8(l)(j).  Again, this must be decided on a case by case basis.  If public interest is served by disclosing such information then it must be given.

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Penalty of PIO for providing misleading or wrong information

22. If the information given by the PIO in response to a request turns out to be wrong, false or misleading but the PIO was not responsible for the creation that record or such information will he/she be penalized by the 1C? Response:
The RTI Act provides protection to the PIO for action taken in good faith. If the requested record has not been prepared by the PIO but by some other officer or if the data compiled by the PIO was received from some other officer and the PIO merely passed on that information to the applicant without having prior knowledge that such information was wrong or false or misleading he/she is not guilty of an offence under the RTI Act.

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Resources for proper implementation of the RTI act

23. Where will the Government find the money for meeting all obligations under this law? Response:
Proactive disclosure, training of officers, setting up the Information Commission, spreading awareness about the Act among people will require a lot of resources and all of this cannot be done completely and effectively in 120 days although many public authorities at the Centre and the States are going about accomplishing these tasks in a resolute manner. However, a beginning can be made with existing resources to show that the government is seriously committed to implementing all aspects of the Act.

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Putting systems in place

Prepare a manual for RTI Record management must be the focus e- Government - an easy way for retrieval of information Listing whatever is available in the office for inspection Circulars within the department to educate each and every employee. Create a culture of openness- responsibility of Public authority. Study the pattern of requests. Listing of and publishing particulars of institutions substantially funded by the state government

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Processing Information Requests

Devise user friendly format- Plain and simple Fees and application procedure-receipt of application should be easy to follow- court fee stamp Indicating the probable expenses Define What is the proof for BPL? Delivery of documents- certified or stamped as you decide

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How to appeal

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Action in good Faith Sec.21

Prompt, just, fair, reasonable, equitable & bonafide- an act which is honestly done Documentations of effort made to obtain information. Separate registers for receipt of applications & acknowledgement of applications Registers for transfer of applications to other public authority/offices Maintenance of daily case book Any internal order or communication as regards the information Providing table space for inspection of documents Laying down procedures for making available samples, models, reports, microfilms, facsimile, etc.
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Training
Any change in policy, people or technology always requires training intervention Training can Tackle part of performance problem Modifies Knowledge, attitude and skills To improve performance of trainees --Which will be beneficial for organizational growth Definite action plan for training so as to cover all the functionaries up to PIO s/APIO s as well as stakeholders. TOT programmes at State level & other at District, Block & Village level Needs of each target group are different at different stage of maturity of RTI.

Create a battery of trainers so as to conduct outreach programmes Maximum numbers

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Monitoring
Quantitative and qualitative devise formats Trainings and workshops Consultation and review Involve Civil society Responsive government Continuous improvement by issue of guidelines. Periodical evaluation & Monitoring & Annual report.

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E-Governance -a tool for implementing RTI

E-Governance is a growing initiative leading the move towards electronic and on-line governance. The Central govt approved the National e-governance Plan at an outlay of Rs 12,400 crores to be spent over the next 3 to 4 years. NeGP will invest Rs 3300 crores in setting up State wide Area Networks (SWAN) for laying connections to the block level with 2 mbps speed. From Block to GPs there will be wireless or dial-up connections. Each GP will have Common Service Centre for Service delivery and information dissemination to the citizens. It will close the gaps in information sharing and access and narrow the divide between citizens and their elected representatives.

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Significant challenges
 The Central, State and local Governments have a specific duty to furnish information proactively and on request.  Key to ensuring the operational success of the Act will be developing systems, guidelines and infrastructures that allow for the smooth collection, processing, archiving and dissemination of information to citizens in a simple, cheap, time bound and above all hassle free manner.
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Challenges
Digitisation of records at all levels Dept, Directorate, DRDC, SIPRD, 18 ZPs, 333 PS, 3354 GPs. Process reengineering of Govt at all levels. Training and orientation of all SPIOs , ASPIOS & staff. Supply of information through xeroxing huge documents at GPs and PS where no such facilities available. Instrument to receive money for supplying such information at department, standard estimation procedure etc.
Process for refunding the money to the applicant

Awareness building of citizens how to apply, how to appeal, to whom etc. Dearth of earmarked staff at all levels. Availability of specific information from concerned offices/ agencies within time frame. Coordination among various offices/ SPIOS. Communication network for data transfer.
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Suggestive actions for citizen centric service regime through RTI act
Process reengineering at all levels Govt, local govt. Setting up of standards Establishing ICT at all levels as a powerful enabler to store, retrieve, sort, filter, distribute and share information. Bridging the digital divide Wide spread awareness building programme, mass campaign Capacity building of officials and PRI members, NGOs, CSOs, Media, An earmarked Govt portal for RTI obligations. Frequent meeting with SPIOS for exchange of ideas and procedures. Issue of authentic information through network connectivity, use of digital signatures.
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Let us open our windows of information for the citizen to create a participatory environment for democratic governance with peoples voice heard
The implementation of RTI Act 2005 is not the sole responsibility of a single person or institution. It is a collective responsibility.

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Thank You

Soliciting cooperation from all concerned

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