Obligations of Public Authorities

The Right to Information Act

M.L.PANDIA

MA,LLB,PGDPM.

An Act to provide for setting out the practical regime of rightto information for citizens to secure access to information under the control of

Public Authorities,

in order to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

Long Title of the Act

public authority means- any authority or body or institution of self-government established or constituted-

(a) by or under the Constitution; (b) by any other law made by Parliament; (c) by any other law made by State Legislature;

s.2 (h)

Public Authority

…public authority means-any authority or body or institution of self- government

established or constituted-

(d) by notification issued or order made by the appropriate Government,

s.2 (h)

Public Authority Contd..

…and includes any-

(i) body owned, controlled or substantially financed;

(ii) non-Government organisation substantially financed, directly or indirectly by funds provided by the appropriate Government;

s.2 (h)

Public Authority Contd..

Obligations of Public Authorities -

Every public authority shall maintain all its records duly

catalogued and indexed in a manner and the form

which facilitates the right to information under this Act …

s.4(1) (a)

Obligations of Public Authorities

…obligations of public authorities -

…and 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 Public AuthorityContd..

Pro-active Disclosure

Every public authority shall publish within one hundred and twenty days from the enactment of this Act-

i. Particulars of organization/ functions and duties

ii. Powers and duties of officers / employees

iii. Procedure followed for decision making

iv. Norms set for discharge of functions …

v) Rules/regulations/instructions/manuals/records held

vi) Categories of documents held by it

vii) Arrangements for citizen consultations

viii) Details of boards, Councils, Committees, etc…

Contd..Pro-active Disclosure

ix. Directory of officers and employees

x. Monthly remuneration received by officers and employees

xi. Budget, Plan and expenditure details

xii. Manner of execution of subsidy programs

xiii. Concession details

Pro-active Disclosure Contd..

ix. Details of material in electronic form held by the office

x. Facilities available to citizens for accessing information

xi. Details of PIO s

xii. Such other information as prescribed.

And update these publications every year

Pro-active Disclosure Contd..

• Publish all relevant facts while formulating important policies or announcing decisions which affect the public

• Provide reasons for its administrative / quasi judicial decisions to affected persons

Information on Policies and Decision

A template for preparing the Information Handbook

under Section 4(1)(b) is available at

http://righttoinformation.gov.in/

Template for Information Disclosure

Dissemination of Information

• Provide as much information suo motu to the public through various means of communications, including internet

• Such that public sparingly resort to the use of the Right to Information Act to obtain information.

Dissemination of Information

• Published material may be made available to the public at a reasonable price conforming to rules, if any, made under the Act.

• Disseminate Information through notice boards, news papers, public announcements, media broadcasts, the internet or any other means.

Contd..

Designation of Information Officers

Obligation of Public Authorities at all levels to designate:

– Public Information Officers in all administrative units/offices

– Assistant Public Information Officers at all sub divisional/sub – district levels

– Appellate Officers who are senior in rank to the PIOs

Transfer of Misdirected Requests

The Public Authority has to transfer requests for information

(i) which is held by other public authorities or

(ii) the subject matter of which is more closely connected with another public authority

• Transfer requests to the other public authority within five days of receipt of request

• Inform the applicant immediately about such transfer

Decisions of Information Commissions

The CIC or SIC has the power to require the Public Authority

to

(a) secure compliance with the provisions of this Act, including-

(i) providing access to information, if so requested, in a

particular form;

(ii) appointing a Central Public Information Officer or State

Public Information Officer, as the case may be;

(iii) publishing certain information or categories of

information;

(iv) making necessary changes to its practices in relation to the maintenance, management and destruction of records;

(v) enhancing the provision of training on the right to information for its officials;

(vi) by providing it with an annual report in compliance with clause (b) of sub-section (1) of section 4;

Decisions of Information CommissionsContd..

…Implement Decisions of Information Commissions

(b) require the public authority to compensate the complainant

for any loss or other detriment suffered;

(c) impose any of the penalties provided under this Act;

(d) reject the application

Contd..

Annual Report –Information Commission

Furnish following details to the IC

a) the number of requests received by the public authority

b) the number of decisions where applicants were not entitled

to access to the documents detailing the provisions of the

Act under which these decisions were made

c) the number of appeals referred to the CIC or SIC detailing

the nature of the appeals and the outcome of the appeal

Annual Report-Information Commission

e) particulars of any disciplinary action taken against any officer in respect of the administration of this Act;

f) the amount of charges collected by each public authority under the Act;

g) any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of the Act;

h) recommendations for reform.

Creating a Right to Information Regime

• Provide access to Information in the form in which it is sought;

• Designate a PIO/ APIO/ AO• Publish information suo motu by taking proactive steps;• Bring in necessary changes in existing systems of

maintenance, management and destruction of records;• Organise training of officials for effective implementation;

and • Submit annual report.

Key Points• Designate as many PIOs /APIOs as are necessary

• Designate PIOs who are relatively senior in rank

• Uniformity among Public Authorities in their publication of materials

to facilitate easy access to Information

• Prepare guides / handbooks for PIOs, APIOs and Appellate Officers.

• A simplified “Do’s and Don’ts” list could be prepared by every public authority for use as a check list by the APIOs, PIOs and AOs.

• Ensure that information is easily available with the PIOs to enable them to provide information to the citizens.

Thank You

M.L.PANDIA