Chapter – 2 3. Right to Information and obligations of public authorities 3Subject to the provisions of this Act, all citizens shall have the right to information.

2

Obligations of PAs… Maintain all records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act Ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated S.4 (1)(a)

Obligations of PAs II Proactively disclose information – [as required by S.4 (1)(b)] – within 120 days of enactment of the Act (i.e. before 12th October, 2005) – under 17 heads as follows: i. Particulars of its organisation, its functions and duties. ii. Powers and duties of its officers and employees. iii. Procedure followed in decision making including channels of supervision and accountability. Contd.

Obligations of PAs II iv. Norms set by it for discharge of its functions v. Rules, Regulations, Instructions, Manuals and records under its control / used by employees while discharging functions. vi. Categories of documents held by the authority or which are under its control vii. Arrangement for consultation with or representation by the members of the public in relation to the formulation of policy or implementation thereof Contd Contd.

Chapter 2 Right to Information and obligations of public authorities Section 3. Right To Information 4. Every Public Authority 5. Designation of Public Information Officers. 6. Request for obtaining information. 7. Disposal of request. 8. Exemption from disclosure of information. 9. Grounds for rejection to access in certain cases. 10. Severability 11. Third party information.

Obligations of PAs viii Boards, Councils, Committees and other bodies constituted as part of the public authority. ix Directory of Officers and employees. x Monthly remuneration received by officers and employees including system of compensation. xi Budget allocated to each agency including all plans, proposed expenditure and reports on disbursements made etc. xii Manner of execution of subsidy programmes Contd

Obligations of PAs Certain other provisions of the Act for reinforcing a PA’s compliance with S. 4(1)(b) require it to: S.4(1)(c): Publish all relevant facts while formulating important policies or announcing the decisions which affect public S.4(1)(d): Provide reasons for its administrative or quasi-judicial decisions to affected persons S.4(2): Provide the above information at regular intervals through various means of communication including the internet…

Obligations of PAs VII make information available in the local language and in a cost effective manner, using the most effective method of communication in a local area along with making information accessible, to the extent possible, in electronic format free of cost or at the cost of the medium or prescribed print cost price [S. 4(4)]

Obligations of PAs Designation of Public Information Officers (PIOs)[S. 5(1)] / Assistant Public Information Officers (APIOs) [S. 5(2)]: mandatory for a PA within 100 days of enactment of the Act. This was to be done in all administrative units /offices under it – as may be necessary to provide information to those requesting for it under the Act. Note: As with PAs, PIOs would, accordingly, either be Central / State PIOs An APIO was to be designated (also within 100 days) at the sub-divisional or other sub-district level as Central / State APIO.

Obligations of PAs – Guidelines from DoPT Creation of a Central Point for Receiving RTI Applications The Act mandates PAs to designate as many PIOs as necessary to provide information under the Act. Where a PA has designated more than one PIO to receive applications…, all PAs are required to create a central point within the organisation to receive all RTI applications and appeals addressed to the First Appellate Authorities (FAAs). An officer should be made responsible to ensure that all the RTI applications/appeals received at the central point are sent to the concerned PIOs / FAAs on the same day.

Obligations of PAs – Guideline from DoPT ……...X The Receipt and Issue Section / Central Registry Section of the Ministry / Department / Organisation / Agency etc may be converted as the central point to receive applications and be distributed to the concerned PIOs / FAAs. The R&I / CR Section may maintain a separate register for the purpose. The Officer-in-Charge / Branch Officer of the Section may ensure that the applications / appeals are distributed the same day. [OM No.1/32/2007-IR Dated 14th November issued by DoPT]

(Sec. 5(1)) Every Public Authority has to designate PIO to provide information to persons requesting for the information (Sec. 5(2)) Every Public Authority has to designate an officer as APIOS, to receive the application for information or appeals and Forward the same to the concern PIO, within a period of 5 days of the receipt of request. (Sec. 2 (m)) “PIO" means the PIO designated u/s 5(1) and includes a APIO designated u/s 5(2) Who is a PIO ?... Who is APIO ?

Who is a PIO ?... Who is APIO ? Sec 5(4) PIO may seek assistance of any other (concerned and / Or relevant) officer 5(5)- Any officer whose assistance has been sought shall render all assistance to the PIO and such officer shall be treated as a PIO Sec. 2 (m) “PIO" means the PIO designated u/s 5(1) and includes a APIO designated u/s 5(2)

Sec 5(3) – PIO shall deal with requests / applications and render reasonable assistance to the citizen requesting information Facilitative Role of PIO

Who is a Public Information Officer (PIO)? A PIO is an officer designated by the PA: in any of its administrative units to provide information to persons requesting for formation under the Right to Information Act, 2005 An APIO (under the RTI Act, 2005) is any Note: The Act does not prescribe any number or levels for designating PIOs. It has been left to a PA’s judgment to determine an adequate number. Accordingly, PAs have designated more than one PIO –sometimes by even designating PIOs for particular function(s) of the PA. 16

Sec 6(1) PIO shall provide all assistance to person making oral request to reduce that in writing Sec 6(3) : Request seeking “Information pertaining to another PA” should be transferred to another PA (within 5 days period) and inform the applicant immediately about this TRANSFER. Sec 6(2) An applicant making request for information shall not be required to give any reason for requesting the information or any other personal details except those that may be necessary for contacting him. Responsibilities of PIO

18 PROCEDURE FOR OBTAINING INFORMATION UNDER RTI APPLICATION (PARTICLUARS OF INFORMATION SOUGHT FOR) HINDI OFFICIAL LANGUAGE ENGLISH PUBLIC INFORMATION OFFICER (REASON FOR SEEKING INFORMATION NOT NECESSARY) WITH FEE

INFORMATION 30 DAYS FROM THE DATE OF APPLICATION 48 HOURS FOR INFORMATION CONCERNING LIFE AND LIBERTY OF A PERSON 40 DAYS IF THIRD PARTY INTERESTS INVOLVED 5 DAYS TO BE ADDED IN CASE APPLICATION TO APIO FAILURE TO PROVIDE INFORMATION WITHIN THE PRESCIBED PERIOD IS DEEMED REFUSAL

APIO Receive Application PIO Appeal AA

Sec 7(8) Where a request has been rejected, the PIO, shall communicate (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.. …..to the person making the request. Disposal of Application – Care and Precaution

Sec 7(9) An information shall ordinarily be provided 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. Disposal of Application – Care and Precaution

Disposal of Application Rule 4. (1) Every officer receiving request (u/s 6(1)) under the Act shall give an acknowledgement. (Sec. 7(1)): The PIO shall either provide the information on payment of required fees or reject the request within 30 days from the date of receipt of request. (Sec. 7(3)) : In case of requirement of additional fees, the PIO shall send intimation to applicant indicating “details of further fees.”

24 PIO Receive Application [ Direct or through APIO ] Give Receipt Give Information Transfer Application Reject Application

Information Available With PIO Providable Give NOT Providable Reject NOT Available With PIO Available in PIO’s Office (Same P.A.) Deemed PIO Providable Give NOT Providable Reject Available with OTHER Office (Other P.A.) Transfer

Request For Information To PIO / APIO Written Application Hard Copy Electronic Means English / Hindi / Local Language Legible Fee to be Paid (Unless BPL) Application Fee Rs. 10=00 (Non Refundable) Fee to Obtain Information To be paid if Info. Given WITHIN Time Limit Not to be asked if Info. Given AFTER Time Limit Specify Information Sought Need not Give any Reasons

Time Limits Give Info. Within 30 Days Within 48 Hours LifeLiberty Transfer Within 5 Days Inform Other P.A. Inform Applicant Reject As soon as possible Inform Applicant

[Section-7(3)(a)] “Dispatch-Payment” Duration Excluded. “Clock Stops” Days TotalUsedBalance

Inform by R.P.A.D. Speed Post Hand Delivery

Fee Structure [ Rule 5(1)(a) to 5(1)(b) ] No.ParticularsRs. 1 Application Fee (Non Refundable) 10=00 2Publication Actual Price 3 A4, A3 Size Paper 2=00 per page 4 Large Size Paper Actual Cost 5 Sample, Model, Photographs Actual Cost 6 Record Inspection (1 st half hr) --- Nil Record Inspection (each hr) 20=00 8 Floppy / C.D. 50=00

Maharashtra RTI Rules 3 Fee Application Fee (Non Refundable) Cash Demand Draft Pay Order Non - Judicial Stamp Information Fee Cash Demand Draft Pay Order

Section : 7(9)

EXEMPTIONS Section 8 (1) a) National Security b) Contempt of Court c) Parliamentary Privilege d) Trade Secrecy e) Fiduciary Relationship f) Foreign Government g) Safety of Informer in law Enforcement h) Investigation i) Cabinet Papers j) Privacy Section 9 : Copyright

Severability “Partly Access” Inform Applicant Partly Access ReasonsFeesAA Section 8Section 9

1 2

1 st Appeal to AA [ Form ‘J’ ] AA Personal Hearing optional Applicant / TP SatisfiedDissatisfied 2 nd Appeal to SIC PIO APIO AA

2nd Appeal to SIC [ No Prescribed Form ] Applicant / TP SatisfiedDissatisfied High Court SatisfiedDissatisfied Supreme Court Obey the Order PIOAA

2nd Appeal to SIC [ No Prescribed Form ] Applicant / TPPIO Acquittance Penalty / Compliance or Both High Court SatisfiedDissatisfied Supreme Court Obey the Order AA

Public Interest In the Interest of Public [ Not Individual ] Benefit to Public General Welfare Common Well-being Protection of Public’s Legal Rights

Natural Justice Right to be heard Both Parties (Equal Opportunities) Matter Complete & Over Without Bias / Conflict / Interest Good Faith Within Power Reasons for Decision

Good Faith (Honestly done act) PromptJustFairReasonableEquitableBonafied

Speaking Order Speaking For itself Order with Reasons (Section, Rules) Answer the Questions Why / How / What for Facts in Brief Points for Considerations Satisfaction to Aggrieved Appearance of Justice Minimise Arbitrations / Bias Authority has Applied Mind

Skills for PIO & AA …. …. 2.Administration & Judicial Skills Keeping separate Documentations Listening Skills and Reading skills “Discussion” Management Skills Convincing Skills Dictation and/ or writing skills Time Management Skills

Skills for PIO …. …. 2. Documentation Skills (Secretarial skills) Keeping and maintaining “in – out ward” register Preparation of RTI Case files Keeping a noting for deciphering the expectations of citizen (i.e. transferring knowledge requirements of citizen into materials requirements) Monitoring the stages for providing information (receipt, transfer, estimation of information pages, demand for extra fee, receipt of extra fee, date of decision, planned date of sending information, actual date and mode of dispatch of information) Keeping proofs for movement of letters, notes, notices, orders, messages etc. (given to OR received by employees – officers/ citizen etc.)

48 Notes for First PIO & AA …. …. 1.Understanding and Clarity about the meaning of words Information, Right to Information, Third Party, Public Interest 2. Awareness about who does what in his PA Categories of functions and information (materials) held by all the employees / officers in PA 3. Norms / Procedures for discharging functions Structural Hierarchy, Preservation of records, Official procedure for provision of budget and funds 4. Keeping Information about circulars, decisions of IC, case laws

Skills for AA …. …. 1.Communication Skills (Verbal and writing skills) providing advise to citizen/ to PIO starting a file and making note, asking for compliance of incomplete appeals, issuing notice for hearing issuing instructions to PIO/s writing well reasoned and speaking order Providing written decision in an appeal

Action Taken in Good Faith PIO to prove - Care -Attention given to the request of the citizen. = Document every thought / perception and action =Keep proof of receipt and release of correspondence =Develop coordinal relationship with citizen

Chapter 3 The Central Information Commission Section 12. Constitution of Central Information Commission 13. Term of office and conditions of service. 14. Removal of Chief Information Commissioner or Information Commissioner.

Chapter 4 The State Information commission Section 15. Constitution of State Information Commission. 16. Term of office and conditions of service. 17. Removal of State Chief Information Commissioner or State Information Commissioner

Chapter 5 Powers and functions of the Information Commissions, appeal and penalties Section 18. Powers and functions of Information Commissions. 19. Appeal 20. Penalties

Functions of First Appellate Authority... 1.Taking Responsibility of making available the “Information”. (He is senior to the PIO) 2.Dealing with the appeals of Citizen 3.Providing equal and reasonable opportunity to all parties 4.Deciding on the Appeals 5.Giving required directions and guidance to PIOs 6.Providing Information directly or through PIO 7.Providing Security to exempted information 8.Rejecting Appeals

Chapter 6 Miscellaneous Section 21. Protection of action taken in good faith. 22. Act to have overriding effect 23. Bar of jurisdiction of courts 24. Act not to apply to certain organisations 25. Monitoring and Reporting 26. Appropriate Government to prepare programmes 27. Power to make rules by appropriate Government 28. Power to make rules by competent authority. 29. Laying of rules. 30. Power to remove difficulties. 31. Repeal

A citizen may file a complaint U/s 18 to Information Commission when…. PIO refused to take RTI application No informatio n Officer appointed Incomplete, Misleading or false Information given Access to Information refused Complaint Under Section 18 Unreasonable fees charged No response Within time- limit Any other matter Relating to requesting or obtaining Access to information

The Citizen has a right to appeal…. The Citizen has the right to Make a first appealMake a complaint to Information Commission Make a second appeal to Information Commission

58 Grounds for Appeal [Section 19(1)]  Not received information within Time Limit  Unreasonable Fee asked  Aggrieved by decision of the PIO

Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Refused to receive application

Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Not furnished information within time specified

Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Malafidely denied the request for information

Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Knowingly given information which is Incorrect Incomplete Misleading

Grounds for Appeal & Penalty, if PIO… [ Section 19 & 20(1) ] Destroyed information Obstructed in any manner in furnishing the information

AA & SIC Sr.ParticularsAASIC 1Appeal 1 st 2 nd 2 By Whom ? Applicant, TP 3 Appeal within (Normally) 30 days 90 days 4 Appeal within (Special Case) >30 days > 90 days

AA & SIC Sr.ParticularsAASIC 5 Disposal within (Normally) 30 days No Limit 6 Disposal within (Special Case) 45 days No Limit 7 Civil Court’s Power ? NoYes 8 Can impose PENALTY ? NoYes

AA & SIC Sr.ParticularsAASIC 9 Can recommend disciplinary actions ? [Sec. 20(2)] NoYes 10 Can issue summons ? NoYes 11 Can initiate inquiry ? NoYes

AA & SIC Sr.ParticularsAASIC 12 Can compel for oath ? NoYes 13 Can obtain evidence on affidavit ? NoYes 14 Can examine record of any P.A. / Court ? NoYes

AA & SIC Sr.ParticularsAASIC 15 Decision binding ? Not Specified Yes 16 Loss Compensation Powers ? NoYes 17 Inquire any complaint from any person ? NoYes

Public Authorities ! Be Careful… !!! Citizens Can Ask

Precautions Appoint as many PIOs as required. Precautions

Precautions Which PIO v/s Which information ? Precautions

Precautions Issue “Speaking Order” if “Rejected”. Precautions

Precautions Be updated regarding “other” Public Authorities. Precautions

Precautions Maintain ONE Register for RTI… Application » Replied / Not Replied » Transfer : Whole / Partly » Reject Fee : Application Fee / Information Fee Appeals : AA / SIC Review such Register every week. Precautions

Precautions Proper Documentation One File for one RTI Application Special Identification Mark RTI Application (eg. Rubber Stamp) RTI files (eg. Specific colour for file cover) RTI bundles (eg. Specific colour for bundles) Precautions

Precautions Follow F.I.F.O. “First In, First Out.” Precautions

Precautions Deal the RTI Application as “Starred” LAQ. Precautions

Precautions Inquire Daily… “Is there any RTI Application TODAY” ? Precautions

Precautions Empathy for Citizens Precautions

Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 1 Application from APIO to PIO Immediately 5 days 2 Information to Applicant (Life & Liberty) Immediately 48 hours 3 Information to Applicant (except Life & Liberty) Immediately 30 days 4 PIO to make DECISION (Third Party) Immediately 40 days

Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 5 Transfer of Application to other P.A. Immediately 5 days 6 Rejection of Application [ Section 8 & 9 ] Immediately As soon as possible 7 Written Notice from PIO to Third Party Immediately 5 days 8 Third Party’s Reply to PIO Immediately 10 days

Time Schedule [ Summary ] Sr.ParticularsMinimumTimeMaximumTime 9 1 st Appeal : Applicant to AA Decision from PIO 30 days, 45 days 10 1 st Appeal : Third Party to AA Decision from PIO 30 days, 45 days 11 2 nd Appeal : Applicant to SIC Decision from PIO 90 days, > 90 days

Proactive Disclosure Before After

Jeremy Cronin: "Democracy is speaking truth to power, making power truthful, and truth powerful."

Information as resource “Information is a source of learning. But unless it is organized, processed, and available to the right people in a format for decision making, it is a burden, not a benefit.” William Pollard

87 Knowledge, Truth and Action (Bhagavadgita Chap. 4) “Truth about the ACTION must be known Truth about the INACTION must be known; Truth about the PROHIBITED ACTION must be known Mysterious are the ways of ACTION” “ ”

THANK YOU ALL

Thank You