Obligations Of Public Authorities

1. Obligations of Public Authorities

The Right to Information Act
M.L.PANDIA
MA,LLB,PGDPM.

2. An Act to provide for setting out the practical regime of right
to 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

3. public authority means-
any authority or body or institution of self-government
established or constituted-
by or under the Constitution;
by any other law made by Parliament;
by any other law made by State Legislature;
s.2 (h)
Public Authority

4. …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..

5. …and includes any-
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..

6. 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

7. …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 Authority
Contd..

8. Pro-active Disclosure
Every public authority shall publish within one hundred and
twenty days from the enactment of this Act-
vi.Particulars of organization/ functions and duties
vii.Powers and duties of officers / employees
viii.Procedure followed for decision making
ix.Norms set for discharge of functions …

9. 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

10. •Directory of officers and employees
•Monthly remuneration received by officers and
employees
•Budget, Plan and expenditure details
•Manner of execution of subsidy programs
•Concession details
Pro-active Disclosure
Contd..

11. •Details of material in electronic form held by the office
•Facilities available to citizens for accessing information
•Details of PIO s
•Such other information as prescribed.
And update these publications every year
Pro-active Disclosure
Contd..

12. •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

13. A template for preparing the Information Handbook
under Section 4(1)(b) is available at
http://righttoinformation.gov.in/
Template for Information Disclosure

14. 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.

15. 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..

16. 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

17. Transfer of Misdirected Requests
The Public Authority has to transfer requests for information
•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

18. 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-
– 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;

19. (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 Commissions
Contd..

20. …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..

21. Annual Report –Information Commission
Furnish following details to the IC
•the number of requests received by the public authority
•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
•the number of appeals referred to the CIC or SIC detailing
the nature of the appeals and the outcome of the appeal

22. Annual Report-Information Commission
•particulars of any disciplinary action taken against any
officer in respect of the administration of this Act;
•the amount of charges collected by each public
authority under the Act;
•any facts which indicate an effort by the public
authorities to administer and implement the spirit and
intention of the Act;
•recommendations for reform.

23. 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.

24. 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.

25. Thank You
M.L.PANDIA