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Sunday, October 24, 2010

Dr.JP addressing IIT in Chennai

Lok Satta Party President Dr. Jayaprakash Narayan is delivering the key note address on "Rural Education in India" at a symposium IIT Madras is conducting on September 30.
Fifty of the brightest minds from Engineering, arts and humanities background will be taking part in the symposium the IIT is conducting as part of "Shaastra", its technical festival.
in these technical festival some of our rayalaseema leaders were participated....
they are


J.Venkateswarlu---------Loksatta(TPT Parlament In-Charge)
V.Nageswar Rao--------Loksatta(TPT Spokes Person)
N.Sainath Reddy--------Yuvasatta
M.Srikanth Reddy-------Vidyarthisatta
P.Latha------------------Mahilasatta
and
B.Ramaniah , Kesavulu Setti , Parthasaradhi , Vinod , M.Chandra Sekhar Raju and Bhaskar..

Saturday, October 23, 2010

About RTI ACT-2005

No. 1/4/2008-IR
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel & Training
*****
Subject: Guidelines for the public authorities under the Right to Information Act,'
2005.
The undersigned is directed to say that the public authorities are the
repository of information which the citizens have a right to have under the Right to
Information Act, 2005. The Act casts important obligations on them so as to facilitate
the reach of people to information held by them. This Department has prepared a
'Guide' for the public authorities which would help them in discharge of their
functions under the Act effectively. A copy of the Guide so prepared is enclosed as
Annexure.
2. All the Ministries / Departments etc. are requested to bring the contents of the
    Guide to the notice of all public authorities under them and to ensure that they
     comply with the requirements of the Act.
(K.G. Verma)
Director
Tel: 23092158
To
1. All Ministries / Departments of Govt. of India
2. Union Public Service Commission / Lok Sabha Secretariat I Rajya Sabha
Secretariat I Cabinet Secretariat I Central Vigilance Commission I
President's Secretariat / Vice-President's Secretariat I Prime Minister's
Office / Planning Commission
3. Staff Selection Commission, CGO Complex, Lodi Road, New Delhi.
4. Office of the Comptroller & Auditor General of India, 10, Bahadur Shah
Zafar Marg, New Delhi.
5. Central Information Commission/State Information Commissions.
Copy to : Chief Secretaries of all the States/UTs.
The gUidelines contained in the Annexure apply mutatis mutandis to
the public authorities under the State Governments. The State
Governments may like to issue similar guidelines ao ir. p.ublic
authorities. ,,!, .r
'-'V " (K.G,··'?ermat-J
Director
ANNEXURE
(No.1/412008-IR dated: 25th April, 2008
Guide for the Public Authorities
Public authorities are the repository of information which the
citizens have a right to have under the Right to Information Act, 2005.'
As defined in the Act, a "public authority" is any authority or body or
institution of self government established or constituted by or under the
Constitution; or by any other law made by the Parliament or a State
Legislature; or by notification issued or order made by the Central
Government or a State Government. Bodies owned, controlled or
substantially financed by the Central Government or a State Government
and non-Government organisations substantially financed by the Central
Government or a State Government also fall within the definition of
public authority. The financing of the body or the NGO by the
Government may be direct or indirect.
2. The Act casts important obligations on public authorities so as to
facilitate the citizens of the country to access the information held under
their control. The obligations of a public authority are basically the
obligations of the head of the authority, who should ensure that these
are met in right earnest. Reference made to public authority in this
document is, in fact, a reference to the head of the public authority.
What is Information
3. Information is not an abstract concept under the RTI Act. It is
conceived as being contained in any material 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. It also includes information relating to
any private body which can be accessed by the public authority under any
law for the time being in force.
Right to Information under the Act
4. A citizen has a right to seek such information from a public authority
which is held by the public authority or which is held under its control.
This right includes inspection of work, documents and records; taking
notes, extracts or certified copies of documents or records; and taking
certified samples of material he~dby the public authority or held under the
control of the public authority.
5. The Act gives the citizens a right to information at par with the
Members of Parliament and the Members of State Legislatures. According
to the Act, the information which cannot be denied to the Parliament or a
State Legislature, shall not be denied to any person.
6. A citizen has a right to obtain an information in the form of diskettes,
floppies, tapes, video cassettes or in any other electronic mode or through
print-outs provided such information is already stored in a computer or in
any other device from which the information may be transferred to diskettes
etc.
7. The information to the applicant should ordinarily be provided in the
form in which it is sought. However, if the supply of information sought in a
particular form would disproportionately divert the resources of the public
authority or may cause harm to the safety or preservation of the records,
supply of information in that form may be denied.
8. The Act gives the right to information only to the citizens of India. 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 officebearerof
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.
9. Only such information is required to be supplied under the Act which
   already exists and is held by the public authority or held under the control
of the public authority. It is not required under the Act to create information;
or to interpret information; or to solve the problems raised by the
applicants; or to furnish replies to hypothetical questions.
Information Exempted From Disclosure
10. Sub-section (1) of section 8 and section 9 of the Act enumerate the
types of information which is exempt from disclosure. Sub-section (2) of
section 8, however, provides that information exempted under sub-section
(1) or exempted under the Official Secrets Act, 1923 can be disclosed if
pUblic interest in disclosure overweighs the harm to the protected interest.
Further, sub-section (3) of section 8 provides that information exempt from
disclosure under sub-section (1), except as provided in clauses (a), (c) and
(i) thereof, would cease to be exempted after 20 years from the date of
occurrence of the related event etc.
11. It may be noted that section 8(3) of the Act does not require the
public authorities to retain records for indefinite period. The records should
be retained as per the record retention schedule applicable to the
concerned public authority. Information generated in a file may survive in
the form of an OM or a letter .or in any other form even after destruction of
the file/record. The Act requires furnishing of information so available after
the lapse of 20 years even if such information was exempt from disclosure
under sub-section(1) of Section 8. It means that the information which, in
normal course, is exempt from disclosure under sub-section(1) of Section 8
of the Act, would cease to be exempted if 20 years have lapsed after
occurrence of the incident to which the information relates. However, the
following types of information would continue to be exempt and there would
be no obligation, even after lapse of 20 years, to give any citizen-
(i) information disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, strategic, scientific
or economic interest of the State, relation with foreign state or lead
to incitement of an offence;
(ii) information the disclosure of which would cause a breach of
privilege of Parliament or State Legislature; or
(iii) cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other Officers subject to the conditions
given in proviso to clause (i) of sub-section(1) of Section 8 of the
Act.
12. The Act requires that except in some special circumstances, decision
on an application for information should be given within 30 days of the
receipt of the request. Where the information sought for concerns the life
or liberty of a person, the same should be provided within forty-eight hours
of the receipt of the request. If the decision on the request for information
is not given within the prescribed period, it is deemed that the request has
been refused. It is pertinent to note that if a public authority fails to Gomply
with the specified time limit, the information to the concerned applicant
would have to be provided free of charge.
Right to Information Vis-a-Vis other Acts
13. The RTI Act has over-riding effect vis-a-vis other laws inasmuch as
the provisions of the RTf Act would have effect notwithstanding anything
inconsistent therewith contained in the Official Secrets Act, 1923, and any
other law for the time being in force or in any instrument having effect by
virtue of any law other than the RTI Act.
Maintenance and Computerisation of Records
14. Proper management of records is of utmost importance for
effective implementation of the provisions of the Act. A public authority
should, therefore, maintain all its records properly. It should ensure that
the records are duly catalogued and indexed in such a manner and form
that it may facilitate the right to information.
15. The Public authorities should computerize all its records which are
appropriate to be computerized. Records so computerised should be
connected through a network on different systems so that access to
such records is facilitated.
Suo Motu Disclosure
16. Every public authority should provide as much information suo
motu to the public through various means of communications so that the
public have minimum resort to the use of the Act to obtain information.
Internet being one of the most effective means of communications, the
information may be posted on the website.
17. Section 4(1)(b) of the Act, in particular, requires every public
authority to publish following sixteen categories of information:
(i) the particulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the 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, held
by it or under its control or used by its employees for
discharging its functions;
(vi) a statement of the categories of documents that are 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 its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and otherbodies
consisting of mo or more persons constituted as its part
or for the purpose of its advice, and as to whether meetings of
those boards, councils, committees and other bodies are open
to the public, or the minutes of such meetings are accessible
for pUblic;
(ix) 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, includin~Jthe
amounts allocated and the details of beneficiaries of such
programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect 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;
18. Besides the categories of information e"numerated above, the
Government may prescribe other categories of information to be
published by any public authority. It need be stressed that publication of
the information as referred to above is not optional. It is a statutory"
requirement which every public authority is bound to meet.
19. An another important point to note is that it is not sufficient to
publish the above information once. The public authority is obliged to
update such information every year. It is advisable that, as far as
possible, the information should be updated as and when any
development takes place. Particularly, in case of publication on the
internet, the information should be kept updated all the time.
Dissemination of Information
20. The public authority should widely disseminate the information.
Dissemination should be done in such form and manner which is easily
accessible to the public. It may be done through notice boards,
newspapers, public announcements, media broadcast, the internet or
any other means. The public authority should take into consideration the
cost effectiveness, local language and most effective method of
communication in the local area while disseminating the information.
Publication of Facts about Policies and Decisions
21. Public authorities formulate policies and take various decisions
from time to time. As provided in the Act, while formulating important
policies or announcing the decisions affecting the public, the public
authority should publish all relevant facts about such policies and
decisions for the information of public at large.
Providing Reasons for Decisions
22. The public authorities take various administrative and quasi-judicial
decisions which affect the interests of certain persons. It is mandatory
for the concerned public authority to provide reasons for such decisions
to the affected persons. It may be done by using appropriate mode of
communication.
Designation of ePIOs etc.
23. Every public authority is required to designate Public Information
Officers in all the administrative units or offices under it. The public
authorities should also designate the First Appellate Authorities and
publish the details thereof alongwith the details of the Public Information
Officers. Every public authority is also required to designate Assistant
Public Information Officers at each sub-divisional level. The
Government has decided that Central Assistant Public Information
Officers (CAPIOs) appointed by the Department of Posts would act as
CAPIOs for all the public authorities under the Government of India.
Acceptance of Fee
24. According to the Right to Information (Regulation of Fee and Cost)
Rules, 2005 as amended by the Right to Information (Regulation of Fee
and Cost) Rules, 2006, an applicant can make payment of fee in cash or
by demand draft or banker's cheque or Indian Postal Order payable to
the Accounts Officer of the public authority. The public authority should
ensure that payment by any of the above modes is not denied or the
applicant is not compelled to draV¥IPO etc. in the name of any officer
other than the Accounts Officer. If any public authority does not have
any Accounts Officer, an officer may be designated as such for the
purpose of receiving fee under the RTI Act or rules made thereunder.
Transfer of Applications
25. 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 authority should sensitize its officers about this
provision of the Act lest the public authority is held responsible for delay.
Compliance with the Orders of the CIC
26. While deciding an appeal, the Central Information Commission,
may require the concerned public authority to take such steps as may be
necessary to secure compliance with the provisions of the Act. In this
regard the Commission may pass an order to provide information to an
applicant in a particular form; appoint a Public Information Officer;
publish certain information or categories of information; make necessary
changes to its practices in relation to the maintenance, management and
destruction of records; enhance the provision of training for its officials;
provide an annual report as prepared in compliance with clause (iJ) of
subsection (1) of section 4 of the Act.
27. The Commission has power to pass orders reqUiring a public
authority to compensate the complainant for any loss or other detriment
suffered by him. It also has power to impose penalty on the Public
Information Officer as provided in the Act. It may be noted that penalty
is imposed on the Public Information Officer which is to be paid by him.
However, the compensation, ordered by the Commission to be paid to
an applicant would have to be paid by the public authority I
28. The decisions of the Commission are binding. The public authority
should ensure that the orders passed by the Commission are
implemented. If any public authority is of the view that an order of the
Commission is not in consonance with the provisions of the Act, it may
approach the High Court by way of a Writ Petition.
Annual Report of the CIC
29. The Central Information Commission, after the end of each year, is
required to prepare a report on the implementation of the provisions of,
the Act during that year. Each Ministry or Department is required, in
relation to the public authorities within its jurisdiction, to collect and
provide information to the Central Information Commission for
preparation of the report. The report of the Commission, inter-alia,
contains following information in respect of the year to which the report
relates-
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to
access to 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;
(e) particulars of any disciplinary action taken against any officBr in
respect of the administration of the Act;
(e) the amount of charges collected by each public authority under
the Act; and
(f) any facts which indicate an effort by the public cluthorities to
administer and implement the spirit and intention of the Act.
30. Every public authority should send necessary material to its
administrative Ministry/Department soon after the end of the year so that
the Ministry/Department may send the information to the Commission
and the Commission may incorporate the same in its report.
31. If it appears to the Central Information Commission that a practice
of a public authority in relation to the exercise of its functions under the
Act does not conform with the provisions or spirit of the Act, it may give a
recommendation to the authority specifying the steps ought to be taken
for promoting such conformity. The concerned public authority should
take necessary action to bring its practice in conformity with the Act.
Development of Programmes etc.
32. It is expected of each public authority that it would develop and·
organise educational programmes to advance the understanding of the
public, in particular of disadvantaged communities, as to how to exercise
the rights contemplated under the Act; and ensure timely and effective
dissemination of accurate information about their activities. Training of
the Public Information Officers and other officers of a public authority is
very important for meeting these expectations and effective
implementation of the provisions of the Act. The public authorities
should, therefore, arrange for training of their officers designated as
Public Information Officer/First Appellate Authority and other officers who
are directly or indirectly involved in the implementation of the provisions
of the Act.