Public Authorities and Suo Motu Disclosure.

1. Day 3 Implementation of RTI Regime Public Authorities and Suo Motu Disclosure. 1

2. 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. 2

3. List of Abbreviations / Acronyms 3

4. What is a Public Authority (PA)? • Any authority / body / institution of self-government 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. 4 Contd.

5. 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) 5

6. 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. 6 Contd.

7. 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. 7

8. 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 8

9. 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. 9

10. Obligations of PAs –Annual Report • Information Commissions, after the end of the each year, are 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 10

11. 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)] 11

12. 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, • media broadcasts, • internet, • any other means including inspection of offices 12

13. Obligations of PAs – Suo-Motu Disclosure • 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) 13

14. 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: • Particulars of its organisation, its functions and duties. • Powers and duties of its officers and employees. • Procedure followed in decision making including channels of supervision and accountability. 14

15. Obligations of PAs–Suo –Motu Disclosure • Norms set by it for discharge of its functions • Rules, Regulations, Instructions, Manuals and records under its control / used by employees while discharging functions. • Categories of documents held by the authority or which are under its control • Arrangement for consultation with or representation by the members of the public in relation to the formulation of policy or implementation thereof 15

16. 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 16

17. Obligations of PAs –Suo –Motu Disclosure • Particulars of recipients of concessions, permits or authorisation granted by the public authority • 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. 17

18. 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: • 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… 18

19. 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 19

20. End of Day 3 You must take the Quiz for this Chapter before proceeding to the next Chapter! 20