Transcript rtiocc.cgg.gov.in

Day 3
Implementation of RTI Regime
Public Authorities and Suo Motu
Disclosure.
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Chapter Scheme

List of Abbreviations / Acronyms.

What is a Public Authority (PA)?

Obligations of a PA under the ‘RTI Act,2005’.

Suo- Motu or Proactive Disclosure

Some Related Frequently Asked Questions (FAQs).

References.
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List of Abbreviations / Acronyms
APIO(s) Assistant Public
Information Oficer(s)
AG(s)
S(s)
Appropriate
Government(s)
Section(s)
PAs
Public Authorities
PIO(s)
Public Information
Officers
RTI
Right to Information
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What is a Public Authority
(PA)?



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
Any authority / body / institution of selfgovernment established or constituted by:
or under the Constitution (of India)
any other law made by Parliament
any other law made by State Legislature
notification issued or order made by the
appropriate government
S. 2(h)(a)-(d).
Note: PAs under Central Government are referred to
as Central PAs and those under State Governments
as referred to as State PAs.
Contd.
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What is a Public Authority
(PA)?..................................................................II



Any –
body owned, controlled or substantially
financed;
non-Government organisation substantially
financed,
directly or indirectly by funds provided by the
Appropriate Government (AG)
S. 2(h)(d)(i)&(ii)
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Obligations of PAs – Designation
of PIOs, APIOs.
Designation of Public Information Officers (PIOs)
[S. 5(1)] / Assistant PIOs [S. 5(2)]:



Designation of (an adequate number of) PIOs was
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 Assistant PIO was to be designated (also within 100
days) at the sub-divisional or other sub-district level as
Central / State APIO.
Contd.
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Obligations of PAs – Acceptance
of Fee
According to the Right to Information Act, Appropriate
Governments
(Section 27) and Competent Authorities
(Section 28), may by notification make rules for payment of
fee.
The public authority has to ensure that payment of fee by
any of the prescribed modes is not denied.
 The
public authority has to ensure that an officer is
designated for the purposes of this Act to receive fee.
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Obligations of PAs – Transfer of
Applications
Section 6(3)
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
other public authority within five days from the receipt of
the application
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Obligations of PAs – Compliance with
orders of Information Commissions
While
deciding an appeal, the Information Commission, may
require the concerned public authority to take steps, as may be
necessary to secure compliance with the provisions of the Act.
The Commission may issue orders to provide information to an
applicant, publish information or categories of information, orders
with relation to records etc.
The Commission may pass orders requiring a public authority
to compensate a complainant for any loss or other detriment
suffered by him.
Decisions of
the Commission are binding. The public authority
have to ensure that orders are implemented.
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Obligations of PAs –Annual
Report
Information
year,
are
Commissions, after the end of the each
required
to
prepare
a
report
on
the
implementation of the provisions of the Act during the
year. Each Public Authority, is required to collect and
provide the information to the Information Commission for
preparation of the report.
Each public authority is obligated to send its report to
the Information Commission
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Obligations of PAs – Access to
Information

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)]
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Obligations of PAs – Awareness
Generation
widely disseminate every information and in a
form and manner easily accessible to the public
like

notice boards,

newspapers,

public announcements,
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media broadcasts,

internet,

any other means including inspection of
offices
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Obligations of PAs – Suo-Motu
Disclosure
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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)
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Obligations of PAs –Suo –Motu
Disclosure

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.
i.
Powers and duties of its officers and employees.
i.
Procedure followed in decision making including
channels of supervision and accountability.
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Obligations of PAs –Suo –Motu
Disclosure
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.
v.
Categories of documents held by the authority or
which are under its control
v.
Arrangement for consultation with or
representation by the members of the public in
relation to the formulation of policy or
implementation thereof
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Obligations of PAs –Suo –Motu
Disclosure
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
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Obligations of PAs –Suo –Motu
Disclosure
xiii.
Particulars of recipients of concessions, permits or
authorisation granted by the public authority
xiv.
Information available or held by it, reduced in an
electronic form;
xv. Particulars of facilities available to citizens for
obtaining information
xvi. Any other information as may be prescribed and
thereafter update these publications every year
Note: Proactive disclosure is believed to be at the heart of
the RTI implementation regime. The more efficient,
effective a PA is in complying with S. 4(1)(b), the less
will be the need for the citizen to apply for information.
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Obligations of PAs –Suo –Motu
Disclosure

Certain other provisions of the Act for reinforcing a
PA’s compliance with S. 4(1)(b) require it to:

Publish all relevant facts while
formulating
important policies or announcing the
decisions which
affect public
S.4(1)(c):
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or

S.4(1)(d): Provide reasons for its administrative
quasi-judicial decisions to affected persons
S.4(2): Provide the above information at regular
intervals
communication
through
various
means
including the internet…
of
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References

‘Right to Information Act’, 2005 – Bare Act.
A soft copy is available on this website. It is downloadable.


www.rti.gov.in
www.cic.gov.in
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End of Day 3
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