It is one of the main objective of implementation of Right to Information Act (RTI) is that to ensure the Good Governance in the country. Apart from that, in recognition of the need for transparency in public affairs, the RTI Act was enacted on 21st June, 2005 and all its provisions came in to force in October, 2005. Since enactment, various Circulars and Notifications were issued by the Department of Personnel & Training (DOPT), Ministry of Personnel, Public Grievances & Pension which is the nodal agency for implementation of the RTI Act. Thirty Circulars and Nine Notifications were issued by the Nodal Department as on 10th February, 2009. The objective of this article is to over-view the Circulars & Notifications at a glace so as to update the reader's knowledge about this Act in the capacity of information providers as well as Information seekers.
Circulars
As per the Circular issued on 05th December, 2008, all the Public Authorities (PA) to accept the payment of fees (Bankers’ Cheque, Demand Draft & Indian Postal Order) drawn in the name of Accounts Officer of the concerned Public Authority. Refusal to accept the applications leads to the impositions of Penalty under Section 20 of the Act. Similar Circular has been issued on 23rd March, 2007 in which non implementation of various other provisions apart from the above also mentioned. These include Designating of PIO’s & APIO’s, acceptance of fee in the form of Indian Postal Order and not to insist application in the prescribed format.
Circular dated, 28th July, 2008, clarifies the issue of deemed PIO. The designated PIO may seek assistance from any other officer for providing the information to the information seeker. If such officer does not render necessary help to PIO, the Commission may impose penalty on such officer on the way, the commission may impose penalty against the PIO.
Format in which the ‘Information’ should be supplied has been clarified in the Circular dated, 10th July, 2008. If the 'Information' is sought in the form of Photo copy, it shall be provided in the form of Photo copy and if it is sought in the form of Floppy, it shall be provided in the form of Floppy, subject to the conditions given in the Act. It does not mean that the PIO shall reshape the information. RTI Act does not require the PIO to deduce some conclusion from the ‘Material’ and supply the ‘Conclusion’ so deduced to the applicant. The PIO is required to supply the material in the form as held by the Public Authority and is not required to do research on behalf of the citizen to deduce any thing from the material and then supply it to him.
DOPT’s Circular dated, 24th June, 2008 directed that all the PIO’s to provide necessary help to the Information Seeker wherever necessary and also to be courteous. An emphasis also given to organizing, participation of all training programme.
Detailed instructions on initiation for effective implementation of the RTI Act have been circulated on 23rd June, 2008. The innovative steps adopted by the state of Andhra Pradesh briefed in details. All Chief Secretaries of States and Union Territories (except J&K) have been requested to take similar action. Format of the Registers to be maintained and Reports to be submitted also made available along with the Circular.
The procedure on transfer of application by one Public Authority to another Public Authority has been clarified in a Circular dated, 12th June, 2008. If the information is not available with the Public Authority in which the application is received, the same to be transferred to the concerned Public Authority with the intimation to the Information Seeker. If the information asked in scattered with more than one Public Authorities, the applicant to be advised to make separate application to the concerned Public Authorities for obtaining information from them.
Circular dated, 22nd April, 2008 gives guidelines on transfer of application from one Public Authority to another Public Authority in general and to the Prime Ministers Office in particular.
Separate guidelines were issued for the benefit of the Information Seekers, Designated Public Information Officers, Public Authorities and First Appellate Authorities. [Dated, 8th November, 2007, 27th, 25th & 25th February, 2008 respectively]. It is highly advisable to have a copy with the Public Authority, First Appellate Authority & PIO for ready reference.
Section 26(1) (a) of RTI Act casts a responsibility on the Governments of States to develop and organize educational programmes to advance the understanding of the Public about exercise of their Right to Information. Circular dated, 9th January, 2008 requesting Chief Secretaries of all States & Union Territories to involve NGO’s working in the area to spread awareness about the Act.
Creation of a Central Point for receiving application in the Public Authority, where more than One PIO’s were designated is briefed in the Office Memorandum dated, 14th November, 2007.
Updating of Records based on the recommendations of the Second Administrative Reforms Commission circulated on 14th November, 2007. In which all the Public Authorities were directed to update their records, improve their infrastructure and bring out necessary manuals from within their resources.
Office Memorandum dated, 14th November, 2007 directs to designate PIO and First Appellate Authorities in the Intelligence and Security Organizations specified in the Second Schedule of the Act.
The doubt on retention period of records for 20 years have been clarified in an Office Memorandum dated, 31st October, 2007.
Disclosure of Annual Confidential Report (ACR) has been clarified in an Office Memorandum dated, 21st September, 2007. The disclosure of ACR is protected under Section 8(1)(j) of the RTI Act. However, the Public Authority has a discretion to disclose the ACR of an employee to the employee himself or to any other person if the Public Authority is satisfied that the Public interest in disclosure outweighs the harm to the protected interest.
Circular dated 31st July, 2007 expects all the Ministries/Department to have an Inventory of Public Authorities under them along with the details of PIO’s, APIO’s , First Appellate Authorities etc.
Disposal Procedures to be adopted during first appeal under the RTI Act is briefed in Circular dated 9th July, 2007. This will be a very useful Circular for the First Appellate Authorities.
Office Memorandum dated, 21st February, 2006 directs to take necessary steps on placing of PIO,APIO,FAA, To furnish details of nodal officer to CIC, transfer of application, To enable to reach the application to PIO even if it is addressed to HOD of PA, Not to insist in a prescribed format and Not to seek reason for seeking information from the information seeker.
Selected Post Offices were notified to act as a Central Assistant Public Information Officers (CAPIO) vides Circular dated, 06th October, 2005.
Port Blair and Rangat Post offices were notified in A & N Islands as CAPIO to receive application under RTI Act.
Section 4 of the RTI Act mainly deals with the obligations of the Public Authority (PA) to maintain, computerize and Suomoto publish certain types of information. The Circular dated, 01st January, 2005 gives the Template for Information Hand Book on proactive disclosure document.
Notifications
Regulation of Fee and Cost Rule has notified on 16th September 2005 in which the application fee of Rs 10 , additional fee of Rs 2 per page,Rs 50 for Floppy were notified. Fee for inspection of records : No fee for first one hour and Rs 5 per subsequent 15 minutes notified in this notification amended to as Rs 5 per subsequent one hour vide notification dated 27th October 2005. Acceptance of Indian Postal order as fee notified as an amendment on 17th May 2006.
Amendment to the Second Schedule notified on 28th September 2005. Sl No 15 substituted and additional 4 organizations added totaling 22. Another amendment dated 28th March 2008 substituting Sl No 16, 17 and 18. This notification also deletes Sl No 22 from the Second schedule. On 8th October 2008 Sl No 22 added in the Second Schedule.
Notification made on 11th October 2005 deals with the constitution of Central Information Commission including one CIC & four IC's.
Central Information Commission appeal procedure rules were notified on 28th October 2005. Certain amendment was notified to the Hindi version of the procedure on 31st August 2006.
All the circulars (except Office Memorandum No: 1/4/2006-IR Dated 21st February 2006) and notifications can be down loaded from the link http://righttoinformation.gov.in/circular/circularReportForRTI.asp. The readers are advised to read the full text of the circulars and notifications for better understanding of the RTI Act. The Circulars and Notifications also obtained by email: tnkeealhw@yahoo.co.in or call in mobile number 9434289673.
Compiled by:
Er. T.N.Krishnamoorthi
Deputy Chief Engineer,
Andaman Harbour Works
Little Andaman
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