rti project
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CHAPTER-1
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1.0 INTRODUCTION
Objective of the Project:
To study RTI and main objectives of bringing it into force.
To understand what is public authority and obligation of it.
To find out the relevance of Implementation of RTI in RDCIS, SAIL.
To determine the performance highlights of RTI in RDCIS, SAIL.
The Right to Information Act which was passed by the parliament in the
year 2005 provides legal and statutory rights to citizen of this country to
seek and get any information from the public authorities. Prior to
enactment of this Act, it was difficult to get any information from civic
authorities, banks, telephone companies, electricity boards, passport
offices, public sectors and government agencies, income tax departments,
educational institutions etc. related to their working having repercussions
on the life of citizens. Complaints made were not responded or even not
acknowledged and were lying unattended for months and years.
Municipal Corporations, passport offices, educational
institutions, UPSC, road/building construction and various offices of the
government etc were working without realizing the sense of accountability
to the public. Apparently transparency and accountability in their working
were missing. Any information sought was refused under the pretext of
Official Secret Act, 1923. The citizens were not properly educated and/or
were unaware of their rights. The public authorities were not realizing their
responsibilities and accountability towards the right of citizens and were
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escaping from the burden to provide information to the public in the garb
of Official Secrets Act, 1923. In the absence of transparency and
accountability the cases of corruption in these organizations/institutions of
the Central/State Government were rising day by day. Consequently, our
country is rated as one of the most corrupt country in the world. More than
60 countries have already enacted such Act in their country which has
helped in reducing corruption in their country.
In order to remove corruption in our country and for making the
public authorities transparent, responsible and accountable towards their
working, Right to Information Act, 2005 was enacted by the Indian
Parliament wherein every citizen have been given right to access
information or seek information from the Public Authorities. The Central
Government/Public Sector Undertakings and State Government/Public
Sector Undertakings and other autonomous bodies run with the financial
support of the Central/State Government have been defined as the
“Public Authority” under the Act. The Act provides for ensuring greater
and more effective access to information for effectuating the right of
information recognized under Article 19 of the Constitution of India. The
provisions ensure maximum disclosure and minimum exemptions,
consistent with the constitutional provisions, and effective mechanism for
access to information and disclosure by authorities.
Democracy requires informed citizens and transparency of information.
The Act provides for setting out Central Information Commission and
State Information Commissions to promote transparency and
accountability in the working of every public authority.
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1.1 ROLE OF RTI ACT 2005 IN HUMAN RESOURCE MANAGEMENT
RTI Act, 2005 is a new Act giving right to every citizen of India to seek information from various government organizations that are defined as public authorities within the meaning of the Act.
The main aim and objective of the Act is to provide information and access of information for citizens in order to promote transparency, remove corruption or & accountability in the working of every public authority/organization.
RTI ACT 2005 has been enacted by the Parliament in the public interest; therefore this Act is very helpful in making the public authority to be transparent in their area of activities and to remove corrupt practices in the organization, which is a beneficial legislation for the nation as well as public at large.
The main work of the HRM is managerial and administrative in nature apart from other managerial and operative functions of the organization. While carrying out administrative functions and responsibilities HR department is required to fulfill various statutory obligations prescribed under different laws.
RTI Act 2005 is also one of the legal obligations of an organization who is public authority and compliance thereof is required to be done by HR department, while fulfilling the legal obligations of the organization.
So far as SAIL, RDCIS is concerned, the RTI Cell within the Head of HR i.e. GENERAL MANAGER (P&A) has been created consisting of S/Shri K.R. Thakur, Sr.Manager (Law) & PIO and R.C. Jain, Assistant Manager (Law) & APIO and accordingly Public Information Officer (PIO), RDCIS is reporting to Head of HR i.e. GENERAL MANAGER (P&A).
From the study made by us, it is learnt that head of HR i.e. GENERAL MANAGER (P&A) is also functioning as the Ist Appellate Authority under the RTI Act, 2005 in respect of RDCIS.
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In view of the aforesaid reasons we were interested to make study in RTI ACT 2005 and its implementation in RDCIS.
1.2 OBJECTIVES OF RTI ACT,2005
Under the provisions of this Act and as a main objective of the Act, the
citizens have been provided with the legal right to seek for and have also
complete right to seek for any information and have also complete right to
inspection of any of the documents, records etc. under the control of
public authority and get copies of the same also. Any citizen requiring any
information has to make an application to the Public Information Officer
(PIO) and submit it with prescribed fee giving the details of information
required. Thus the objective of this act is to make the public authorities
accountable and to bring transparency in their working. Citizens have
been empowered to have right to information and inspection of records
under the control of public authorities.
AIMS OF RTI ACT,2005
The aim of RTI act is 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 working of every public authority, the constitution of the
Central Information Commission and State Information Commission and
for the matters connected with or incidental thereto.
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CHAPTER-2
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COMPANY PROFILE
2.0 VISION OF SAIL
“To be a respected world Class Corporation and the leader in Indian steel
business in quality, productivity, profitability and customer satisfaction.”
2.1 ORIGIN OF STEEL AUTHORITY OF INDIA LIMITED ( SAIL )
SAIL traces its origin to the formative years of an emerging nation - India.
After independence the builders of modern India worked with a vision - to
lay the infrastructure for rapid industrialisaton of the country. The steel
sector was to propel the economic growth. Hindustan Steel Private
Limited was set up on January 19, 1954.
Expanding Horizon (1959-1973)
Hindustan Steel (HSL) was initially designed to manage only one plant
that was coming up at Rourkela. For Bhilai and Durgapur Steel Plants, the
preliminary work was done by the Iron and Steel Ministry. From April
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THE PRECURSOR
1957, the supervision and control of these two steel plants were also
transferred to Hindustan Steel. The registered office was originally in New
Delhi. It moved to Calcutta in July 1956 and ultimately to Ranchi in
December 1959.
The 1 MT phases of Bhilai and Rourkela Steel Plants were completed by
the end of December 1961. The 1 MT phase of Durgapur Steel Plant was
completed in January 1962 after commissioning of the Wheel and Axle
plant. The crude steel production of HSL went up from .158 MT (1959-60)
to 1.6 MT. A new steel company, Bokaro Steel Limited, was incorporated
in January 1964 to construct and operate the steel plant at Bokaro. The
second phase of Bhilai Steel Plant was completed in September 1967
after commissioning of the Wire Rod Mill. The last unit of the 1.8 MT
phase of Rourkela - the Tandem Mill - was commissioned in February
1968, and the 1.6 MT stage of Durgapur Steel Plant was completed in
August 1969 after commissioning of the Furnace in SMS. Thus, with the
completion of the 2.5 MT stage at Bhilai, 1.8 MT at Rourkela and 1.6 MT
at Durgapur, the total crude steel production capacity of HSL was raised
to 3.7 MT in 1968-69 and subsequently to 4MT in 1972-73.
Holding Company
The Ministry of Steel and Mines drafted a policy statement to evolve a
new model for managing industry. The policy statement was presented to
the Parliament on December 2, 1972. On this basis the concept of
creating a holding company to manage inputs and outputs under one
umbrella was mooted. This led to the formation of Steel Authority of India
Ltd. The company, incorporated on January 24, 1973 with an authorized
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capital of Rs. 2000 crore, was made responsible for managing five
integrated steel plants at Bhilai, Bokaro, Durgapur, Rourkela and Burnpur,
the Alloy Steel Plant and the Salem Steel Plant. In 1978 SAIL was
restructured as an operating company.
Since its inception, SAIL has been instrumental in laying a sound
infrastructure for the industrial development of the country. Besides, it has
immensely contributed to the development of technical and managerial
expertise. It has triggered the secondary and tertiary waves of economic
growth by continuously providing the inputs for the consuming industry.
2.2 Steel Authority of India Limited ( SAIL )
Steel authority of India (SAIL) is a company within the meaning of section
617 of the company’s Act 1956 having its Registered office at Ispat
Bhawan Lodi road New Delhi - 110003. It has various Plants and Units all
over the country and is a largest steel producer in India.
Earlier SAIL was one of the Navratna’s company declared by
Government of India. The Government of India introduced a “Maharatna
Scheme” on 4th February 2010. The objective of the Maharatna scheme
was to delegate powers to Boards of identified large sized Navratna
Central Public Sector Enterprise both in domestic as well as global
market.
Steel Authority of India Limited fulfilled all the eligibility criteria set up by
the government for achievement of Maharatna status.
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Accordingly on 19th may 2010, the Government of India has central public
sector enterprises namely Indian Oil Corporation limited, National Thermal
Power Corporation limited and oil & natural gas Corporation limited have
also received Maharatna status. As per annual report 2009-10, 85.82%
share of SAIL is held by Government of India.
SAIL is one of the largest steel makers in India. With a turnover of
43,935 crore in the financial year 2009-2010, the company is among the
top five highest profit earning corporate of the country. It is a public sector
undertaking which trades publicly in the market is largely owned by
Government of India and acts like an operating company. Incorporated on
January 24, 1973, SAIL has more than 1.00 lakh (approx.) employees.
The company's current Chairman is Mr. C. S. Verma. SAIL is the 16th
largest steel producer in the world.
It operates and owns five integrated steel plants at Rourkela, Bhilai,
Durgapur, Bokaro and Burnpur and three special steel plants at
Salem, Durgapur & Bhadravati and SAIL refractory unit at Bokaro,
Jharkhand. With four plants in Jharkhand and Chattisgarh producing
refractors for SAIL steel plants. Maharashtra Elektrosmelt Ltd. (MEL)
at Chandrapur (Maharashtra) is also a subsidiary company of SAIL
which produces ferro alloys.
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2.3 EXPANSION OF THE BUSINESS
A new unit coming up at ISP
Modernisation & Expansion
SAIL, is in the process of modernizing and expanding its production
units, raw material resources and other facilities to maintain its dominant
position in the Indian steel market.
Objective of Expansion Plan 100% production of steel through Basic Oxygen Furnace (BOF) route
100% processing of steel through continuous casting
Value addition by reduction of semi-finished steel
Auxiliary fuel injection system in all the Blast Furnaces
State-of-art process control computerization / automation
State-of-art online testing and quality control
Energy saving schemes
Secondary refining
Adherence to environment norms
2.4 SOME PRODUCTS OF SAIL
HOT ROLLED COILS, SHEETS AND SKELP
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Hot rolled coils, sheets and scalp (narrow coil), are the largest product
category of the company in terms of both sales volume and revenue. Hot
rolled coils are primarily used for making pipes and have many direct
industrial and manufacturing applications, including the construction of
tanks, railway cars, bicycle frames, ships, engineering and military
equipment and automobile and truck wheels, frames and body parts. Hot
rolled coils are also used as feedstock for cold rolling mills where they
undergo further processing. Hot rolled coils are also delivered to the
company's own cold rolling mills and silicon sheet mill and pipe plant in a
wide range of widths and thicknesses as the feedstock for higher value-
added steel products. The company is the largest producer of hot rolled
coils, sheets and scalp in India.
SEMI-FINISHED PRODUCTS
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The company produces semi-finished products, including blooms, billets
and slabs, which are converted into finished products in the company's
processing plant and, to a lesser extent, sold to re-rollers for conversion to
finished products.
PLATES
Steel plates are used mainly for the manufacture of bridges, steel
structures, ships, large diameter pipes, storage tanks, boilers, railway
wagons and pressure vessels. The company also produces weatherproof
steel plates for the construction of railcars. The company is currently the
largest producer of steel plates in India with a domestic market share of
more than 80 per cent for these products. The company is the only
producer of wide and heavy plate products in India.
COLD ROLLED PRODUCTS
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Cold rolling of hot rolled products produces a superior surface finish,
improves the physical properties of the steel, such as tensile strength, and
reduces its thickness to precise gauges. As a result, cold rolled products
generally command higher prices than hot rolled products. The products
of the cold rolling mill include cold rolled sheets and coils, which are used
primarily for precision tubes, containers, bicycles, furniture and for use by
the automobile industry to produce car body panels. Cold rolled products
are also used for further processing, including for color coating,
galvanizing and tinning. The company also produces further processed
cold rolled products, including galvanized sheets and tin plates.
RAILWAY PRODUCTS
Railway products, including rails, wheels and axles, sleeper and fish plates
(which are used to connect and strengthen rails), are produced through a
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process of hot rolling blooms in the finishing mills and forging ingots and
blooms in the forging press or hammer. Railway products are used primarily
to upgrade and expand the existing railway network in India.
BARS AND RODS
The company produces steel bars and rods through a process of hot rolling
billets in the finishing mills. Reinforcement steel and wire rods are primarily
used by the construction industry. The company is one of the largest
producers of reinforcement bars in India
which are primarily sold to the construction industry.
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SPECIALITY PRODUCTS
Specialty products include electrical sheets, tin plates and pipes. Electrical
sheets are cold rolled products of silicon steel for electrical machinery. Tin
plates are cold rolled steel electrolytic ally coated with tin for food packaging.
Pipes are longitudinally or spirally welded from hot
rolled coils for conveying such things as water, oil
and gas.
ALLOY AND STAINLESS PRODUCTS
In addition to the steel products indicated above, SAIL produces a wide
range of alloy steel products at ASP, SSP and VISL. Elements including
chromium, nickel, vanadium and molybdenum are used in the alloy
mixture to impart special properties to steel. These alloy steels are
primarily used for sophisticated applications, including in the automobile,
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railway and defense industries.
2.5 SAIL: RESEARCH & DEVELOPMENT CENTER FOR IRON AND STEEL
The Research & Development Centre for Iron & Steel (RDCIS) at Ranchi is the corporate R&D unit of SAIL. RDCIS is one of the Units of SAIL. Set up in 1972, the Centre has ISO:9001 Certification to its credit. HR Department of RDCIS has also been separately certified to be an ISO 9001:2008. RDCIS undertakes R&D projects in diverse realms of iron & steel technology under the categories of Plant Performance Improvement (PPI), Product Development (PD), Scientific Investigation and Development (SID), Basic Research (BR) and Technical Services (TS).
RDCIS has more than 300 dedicated and competent scientists and engineers and its laboratory is equipped with around 300 sophisticated diagnostic research equipment and 5 pilot plant facilities.
RDCIS provides customers with prompt, innovative and cost effective R&D solutions; develop and commercialize improved processes and products; continually enhance the capability of its human resources to emerge as a centre of excellence. The major efforts are directed towards
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cost reduction, quality improvement and value-addition to products of SAIL plants providing application engineering support to SAIL’s product at customers’ end. RDCIS, along with steel plants, takes initiatives to develop special steel products utilizing the modernized production facilities at steel plants.
RDCIS also offers technological services to various organizations in the form of know-how transfer of technologies developed by RDCIS; consultancy services; specialized testing services; contract research; technology awareness programmes.
CHAPTER-3
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HR PRACTICES AND POLICIES IN SAIL, RDCIS, RANCHI
Quality Policy
We shall build and sustain a world-class organization.
Where quality is the hallmark of every process and activity.
With the involvement and dedication of our Human recourse.
We are committed to achieve satisfaction of all our stakeholder.
Through innovation and continual improvement.
Safety Policy
Steel Authority of India Limited (SAIL) is committed to:
Safety of its employee and the People associated with it including
those living in the neighborhood of its plant , mines and units
Pursue Safety efforts in a sustained and consistent way by
establishing safety goals, demanding accountability for safety
performance and providing resources to make safety programme
work.
Guiding Principle
Excellence in health & safety support excellent business result.
All accidents can be must prevented
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All employees are responsible and accountable for maintaining
safety standards.
Safety standards to be incorporated in all work procedure.
Imparting training to create safety consciousness and to work safely
to be a key element of safety programmes.
Safety to be enhance through participative committees and other
forum.
Comprehensive and regular audit of the safety performance, to be
conducted.
All works practices & procedures to be in consonance with Statutory
Rules and Regulation on Safety.
Organisations are made of people. Their effectiveness depends on the
performance of the people constituting them. There was a time when
employees use to consider as a liability. Over the time the organisation
have realised the importance of human resource and they are no more
being considered as a liability a valuable strategically important asset. The
employees are partner in business. The transformation in the attitude and
the outlook towards people in organisation has led to development of
personnel management, which is now- a-days also known as human
resource management.
The primary purpose of personnel management is to contribute to the
profitability and survival of an organisation by effective management of its
total human resources. In doing so, however, it seeks to strike a balance
of the social justice, organisational effectiveness, personnel policies &
procedures and personal objectives.
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All managers have direct responsibility for the human resources in an
organization and are responsible for activities and decisions concerning
people. In this sense all managers are personnel managers. Still most
organisations have a separate personnel department to coordinate all
personnel activities, which mainly consist of the following
Human resource planning: Relates to assessment of man power
requirement and to meet that requirement through recruitment from
internal and external sources.
Training and development: Related to assessment of training,
imparting training through training modules and assessment of its
impact.
Promotion and transfer: Related to career growth of the employees
and meeting organisations requirement of trained and experienced
man power.
Performance management: Relates to assessment of performance
of employees against set goals and linking it with reward and
growth.
Wage and salary administration: Management of employees’
compensation, incentive schemes, bonus allowances etc.
Employee welfare: Meeting the social requirement of the employee.
Employees’ relations: Relates to maintaining conduce environment
for smooth conduct of work.
Discipline management: Relates to ensuring discipline at workplace
and taking disciplinary action.
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Corporate Social Responsibility Policy
SAIL recognizes that its business activities have a direct and indirect
impact on society. The company strives to integrate its business values
and operations in an ethical and transparent manner to demonstrate its
commitment to sustainable development and to meet the interests of its
stakeholders.
Guiding Principles
Toward this commitment, to Company shall:
Create a positive footprint within the society to make a meaningful
difference in the lives of the people by continually aligning its
initiatives to the goals for sustainable development.
Maintain commitment to business & people for quality, health and
safety in every respect.
Undertake ethical business practices across the supply chain.
Make positive impact on the environment and promote good
environmental practices.
Promote equality of opportunity and diversity of workforce
throughout its business operations.
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CHAPTER-4
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BRIEF INTRODUCTION OF RTI ACT 2005
The Right to Information Act 2005 (RTI) is an Act of the Parliament of
India. It is the implementation of freedom of information legislation in India
on a national level "to provide for setting out the practical regime of right to
information for citizens." The Act applies to all States and Union
Territories of India, except the State of Jammu and Kashmir - which is
covered under a State-level law. Under the provisions of the Act, any
citizen (excluding the citizens within J&K) may request information from a
"public authority" (a body of Government or "instrumentality of State")
which is required to reply expeditiously or within thirty days. The Act also
requires every public authority to computerize their records for wide
dissemination and to proactively publish certain categories of information
so that the citizens need minimum recourse to request for information
formally. This law was passed by Parliament on 15 June 2005 and came
fully into force on 13 October 2005. Information disclosure in India was
hitherto restricted by the Official Secrets Act 1923 and various other
special laws, which the new RTI Act now relaxes.
Framework
Disclosure of State information in British India was (and is) governed from
1889 by the Official Secrets Act. This law secures information related to
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security of the State, sovereignty of the country and friendly relations with
foreign states, and contains provisions which prohibit disclosure of non-
classified information. Civil Service conduct rules and the Indian Evidence
Act impose further restrictions on government officials' powers to disclose
information to the public.
Freedom of Information Act 2002
Passage of a national level government appointed a working group under
H. D. Shourie and assigned it the task of drafting legislation. The Shourie
draft, in an extremely diluted form, was the basis for the Freedom of
Information Bill, 2000 which eventually became law under the Freedom of
Information Act, 2002. This Act was severely criticized for permitting too
many exemptions, not only under the standard grounds of national
security and sovereignty, but also for requests that would involve
"disproportionate diversion of the resources of a public authority". There
was no upper limit on the charges that could be levied. There were no
penalties for not complying with a request for information. The FoI Act,
consequently, never came into effective force.
State Level Laws
The RTI Laws were first successfully enacted by the state governments of
— Tamil Nadu (1997), Goa (1997), Rajasthan (2000), Karnataka (2000),
Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh
(2003), and Jammu and Kashmir (2004). The Maharashtra and Delhi
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State level enactments are considered to have been the most widely
used. The Delhi RTI Act is still in force. Jammu & Kashmir, has its own
Right to Information Act of 2009, the successor to the repealed J&K Right
to Information Act, 2004 and its 2008 amendment.
Scope
The Act covers the whole of India except Jammu and Kashmir, where J&K
Right to Information Act is in force. It is applicable to all constitutional
authorities, including the executive, legislature and judiciary; any
institution or body established or constituted by an act of Parliament or a
state legislature. It is also defined in the Act that bodies or authorities
established or constituted by order or notification of appropriate
government including bodies "owned, controlled or substantially financed"
by government, or non-Government organizations "substantially financed,
directly or indirectly by funds" provided by the government are also
covered in it.
Private bodies
Private bodies are not within the Act's ambit directly. However, information
that can be accessed under any other law in force by a public authority
can also be requested. In a landmark decision of 30-Nov-2006 ('Sarbajit
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Roy versus DERC') the Central Information Commission also reaffirmed
that privatised public utility companies continue to be within the RTI Act-
their privatisation not withstanding. The relevant case law on the issue is
given in APPENDIX-1.
Right to Information
The Act specifies that citizens have a right to:
Request any information (as defined).
Obtain copies of documents.
Inspect documents, works and records.
Take certified samples of materials of work.
Process
Under the Act, all authorities covered must appoint their Public
Information Officers (PIOs). Any person may submit a request to the
PIO for information in writing. It is the PIO's obligation to provide
information to citizens of India who request information under the Act. If
the request pertains to another public authority (in whole or part) it is the
PIO's responsibility to transfer/forward the concerned portions of the
request to a PIO of the other within 5 days. In addition, every public
authority is required to designate Assistant Public Information Officers
(APIOs) to receive RTI requests and appeals for forwarding to the PIOs of
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their public authority. The applicant is not required to disclose any
information or reasons other than his name and contact particulars to seek
the information.
The Act specifies time limits for replying to the request.
If the request has been made to the PIO, the reply is to be given
within 30 days of receipt.
If the request has been made to the PIO which pertains to third party
information, the reply is to be given within 40 days of receipt.
If the PIO transfers the request to another public authority (better
concerned with the information requested), the time allowed to reply
is 30 days but computed from the day after it is received by the PIO
of the transferee authority.
Information concerning corruption and Human Rights violations by
scheduled Security agencies (those listed in the Second Schedule
to the Act) is to be provided within 45 days but with the prior
approval of the Central Information Commission.
However, if life or liberty of any person is involved, the PIO is
expected to reply within 48 hours.
The applicant/requester is required to deposit a fee of Rs.10/- along with
his/her application. The citizens of below poverty line are exempted from
payment of any fee. In case, the applicant/requester is required to deposit
further fee for getting required information, the time between the reply of
the PIO and the time taken to deposit the further fees for information is
excluded from 30 days, i.e. the time allowed under the Act.
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If information is not provided within this period, it is treated as deemed
refusal. Refusal with or without reasons may be ground for appeal or
complaint. Further, information not provided in the times prescribed is to
be provided free of charge.
For Central Departments as of 2006, there is a fee of Rs. 10 for filing the
request, Rs. 2 per page of information and Rs. 5 for each hour of
inspection after the first hour. If the applicant is a Below Poverty Card
holder, then no fee shall apply. Such BPL Card holders have to provide a
copy of their BPL card along with their application to the Public Authority.
States Government and High Courts fix their own rules.
Partial Disclosure
The Act allows those part(s) of the record which are not exempt from
disclosure and which can reasonably be severed from parts containing
exempt information to be provided.
Exclusions
Intelligence and security organisation established by the Central
Government
1. Intelligence Bureau.
2. Research and Analysis Wing of the Cabinet Secretariat.
3. Directorate of Revenue Intelligence.
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4. Central Economic Intelligence Bureau.
5. Directorate of Enforcement.
6. Narcotics Control Bureau.
7. Aviation Research Centre.
8. Special Frontier Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15. Sashastra Seema Bal
16. Directorate General of income tax (investigation)
17. National Technical Research Organization
18. Financial Intelligence unit India
19. Special Protection Group
20. Defense research and development organization
21. Boarder Road Development Board
22. National Security Council secretariat
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Agencies specified by the State Governments through a Notification will
also be excluded. The exclusion, however, is not absolute and these
organizations have an obligation to provide information pertaining to
allegations of corruption and human rights violations. Further, information
relating to allegations of human rights violation could be given but only
with the approval of the Central or State Information Commission.
Exemption from disclosure of information :
As per provisions of Section 8 of the Act, the following are exempted from
disclosure.
Information, disclosure of which would prejudicially affect the
sovereignty and integrity of India, the security, "strategic, scientific or
economic" interests of the State, relation with foreign State or lead
to incitement of an offense;
Information which has been expressly forbidden to be published by
any court of law or tribunal or the disclosure of which may constitute
contempt of court;
Information, the disclosure of which would cause a breach of
privilege of Parliament or the State Legislature;
Information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority
is satisfied that larger public interest warrants the disclosure of such
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information;
Information available to a person in his fiduciary relationship, unless
the competent authority is satisfied that the larger public interest
warrants the disclosure of such information;
Information received in confidence from foreign Government;
Information, the disclosure of which would endanger the life or
physical safety of any person or identify the source of information or
assistance given in confidence for law enforcement or security
purposes;
Information which would impede the process of investigation or
apprehension or prosecution of offenders;
Cabinet papers including records of deliberations of the Council of
Ministers, Secretaries and other officers;
Information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which
would cause unwarranted invasion of the privacy of the individual
(but it is also provided that the information which cannot be denied
to the Parliament or a State Legislature shall not be denied by this
exemption);
Notwithstanding any of the exemptions listed above, a public
authority may allow access to information, if public interest in
disclosure outweighs the harm to the protected interests.
(This provision is qualified by the proviso to sub-section 11(1) of the
Act which exempts disclosure of "trade or commercial secrets
protected by law" under this clause when read along with 8(1)(d).
Role of the Government
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Section 26 of the Act enjoins the Central Government, as also the State
Governments of the Union of India (excluding J&K), to initiate necessary
steps to:
Develop educational programs for the public especially
disadvantaged communities on RTI.
Encourage Public Authorities to participate in the development and
organization of such programs.
Promote timely dissemination of accurate information to the public.
Train officers and develop training materials.
Compile and disseminate a User Guide for the public in the
respective official language.
Publish names, designation postal addresses and contact details of
PIOs and other information such as notices regarding fees to be
paid, remedies available in law if request is rejected etc.
Power to make rules
The Central Government, State Governments and the Competent
Authorities as defined in S.2(e) are vested with powers to make
rules to carry out the provisions of the Right to Information Act,
2005. (S.27 & S.28).
Residuary Powers
If any difficulty arises in giving effect to the provisions in the Act, the
Central Government may, by Order published in the Official Gazette,
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make provisions necessary/expedient for removing the difficulty.
(S.30).
Effects of Right to Information Act and Prominent disclosures using
Right to Information Act
In the first year of National RTI, 42,876 (not yet official) applications for
information were filed to Central (i.e. Federal) public authorities. Of these
878 were disputed at the final appellate stage - the Central Information
Commission at New Delhi. A few of these decisions have thereafter been
mired in further legal controversy in the various High Courts of India. The
first stay order against a final appellate decision of the Central Information
Commission was granted on 3.May.2006 by the High Court of Delhi in
WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information
Commission & Ors". The Government of India's purported intention in
2006 to amend the RTI Act was postponed after public disquiet, but has
been revived again in 2009 by the DoPT.
External links
Government of India links
o CIC - The Central Information Commission is empowered to
decide complaints and appeals arising from use of the Right to
Information Act, 2005.
o CIC Online - New website of the Central Information
Commission.
o DoPT - The Department of Personnel and Training, Ministry of
Personnel, Public Grievances, and Pensions, Government of
34
India is charged with being the nodal agency for the Right to
Information Act, 2005. It has the powers to make rules
regarding appeals, fees, etc.
o Right to Information Act Portal
o Complete text of the Right to Information Act
Online RTI Act 2005
Online groups discussing the Right to Information Act
o RTI INDIA, Online community portal for Right to Information
o RTI INDIA Yahoo RTI e-group
Complete indexed and searchable E-Act
RELEVANT PROVISION OF THE ACT
SECTION 8-EXEMPTION
As per the provision of this section ,information related to sovereignty and
integrity of india, information forbidden to be published by court, breach of
privelage of parliament,commercial confidence , or trade secrets,
information which may endanger life or physical safety, information related
to decision of council of ministers where the decision has not been taken ,
will not be disclosed as detailed below:
a.information ,disclosure of which would prejudicially affect the
sovereignty and integrity of india, the security, strategic, scientific or
economic interests of the state , relation with foreign state or lead to
incitement of an offence:
b) Information which has been expressly forbidden to be published by any b) Information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute contempt court of law or tribunal or the disclosure of which may constitute contempt
35
of court.of court.
c) Information of the disclosure which would cause breach of privilege of c) Information of the disclosure which would cause breach of privilege of
parliament or the state legislature.parliament or the state legislature.
d) Information including commercial, confidence, trade, secrets or d) Information including commercial, confidence, trade, secrets or
intellectual property , the disclosure of which would harm the competitive intellectual property , the disclosure of which would harm the competitive
position of a third party unless the competent authority is satisfied that position of a third party unless the competent authority is satisfied that
large public interest warrants the disclosure of such information.large public interest warrants the disclosure of such information.
e) Information is available to a person in his fiduciary relationship, unless e) Information is available to a person in his fiduciary relationship, unless
the competent authority is satisfied that a large public interest warrants thethe competent authority is satisfied that a large public interest warrants the
disclosure of such information.disclosure of such information.
f) Information received in confidence from foreign government.f) Information received in confidence from foreign government.
g) Information, the disclosure of which would endanger the life of physical g) Information, the disclosure of which would endanger the life of physical
safety of any person or identify the source of information or assistance safety of any person or identify the source of information or assistance
given in confidence for law enforcement or safety purpose.given in confidence for law enforcement or safety purpose.
h) Information which would impede the process of investigation or h) Information which would impede the process of investigation or
apprehension or prosecution offender.apprehension or prosecution offender.
i) Cabinet papers including records of delegations of the council of i) Cabinet papers including records of delegations of the council of
ministry, secretaries and other officers:ministry, secretaries and other officers:
Provided that the decisions of council of ministers the reasons thereof,Provided that the decisions of council of ministers the reasons thereof,
and the material on the basis of which the decisions were taken shall beand the material on the basis of which the decisions were taken shall be
made public after the decision has been taken and the matter is complete,made public after the decision has been taken and the matter is complete,
or over:or over:
Provided further that those matter which come under the exemptions Provided further that those matter which come under the exemptions
36
specified in this section shall not be disclosedspecified in this section shall not be disclosed
j) Information which related personal information the disclosure of whichj) Information which related personal information the disclosure of which
has no relationship to any public activity or interest, or which would causehas no relationship to any public activity or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the centralunwarranted invasion of the privacy of the individual unless the central
public information officers or the state public information officer or thepublic information officers or the state public information officer or the
Appellate Authority as the case may be, in satisfied that large publicAppellate Authority as the case may be, in satisfied that large public
interest justifies the disclosure of such information.interest justifies the disclosure of such information.
Provided that the information which cannot be denied to the parliament or Provided that the information which cannot be denied to the parliament or
a state legislature shall not be denied to any person.a state legislature shall not be denied to any person.
During our study, we have learnt that in some cases some of the people
are seeking so many information in a single application and which are
exempted under the provisions of the Act. The matter went in appeal
before the Central Information Commission who also held and decided
that in some of the cases, the public authority are not acting in true spirit
of the Act and in some cases the provisions of the Act are being misused
by some of the people in the garb of their right under the Act. In this
connection, the cases decided by the CIC are being attached in
ANNEXURE-2
37
CHAPTER-5.
38
IMPLEMENTATION OF RTI ACT IN SAIL, RDCIS, RANCHI
Pursuant to a direction from SAIL Corporate office New Delhi necessary
steps were taken in SAIL RDCIS, Ranchi for implementation of RTI Act
2005. Accordingly PIO, APIO, Appellate Authority were nominated by the
competent authority. RDCIS also prepared 17th manuals as provided
under sec 4(1) of the RTI Act. At the initial stage of the implementation of
RTI act in RDCIS Shri Mukul Akhori (Asst. General Manager personal-
CSR) was nominated as PIO and Shri S B Sahay, Sr. Manager
(Rajbhasa) was nominated to act as APIO. Shri L.N.Mehrotra, General
Manager (Personal and administration was nominated as the appellate
authority in RDCIS.
Consequent upon the transfer of Shri Mukul Akhori to Durgapur Steel
Plant as DGM Shri K R Thakur, Senior. Manager ( Law) has been
nominated as PIO in RDCIS. Shri R. C. Jain, Assistant Manager law, has
been nominated as APIO . At present Shri V S Mathur, General Manager
(P&A) has been nominated as the Appellate Authority and they are
continuing to the said post for effective implementation of the RTI Act in
RDCIS, Ranchi.
Based on the direction of the CIC forwarded by the CPIO ( SAIL
corporate office), Dr. Rama Avatar General Manager( RT) has been
appointed as transparency officer in RDCIS , Ranchi.
After implementation of RTI ACT 2005,first application was received by
RDCIS on 13th October 2005 and till today RDCIS has received 84
applications.
All the application have being entertained and replied within the stipulated
39
time as provided under the Act.
3 matters went up to first appellate authority and 1 matter was referred to
CIC.
During 2010-11, 27 number of application were received. All the
applicants were replied within the time frame. Not a single decision of the
PIO has been challenged either before the first appellate authority or
before the CIC.
So far as the implementation part is concerned in SAIL there has been
definitely some improvement in record keeping and transparency in
working.
In CIC 90% of the decisions of PIO’S/Appellate Authority upheld. In some
cases direction have being issued by CIC which is advisory in nature
.
The applications for information have been received from:
1) Own employees
2) Own customer regarding tendering process, purchase of goods etc.
3) recruitment/promotion/reservation/claims and CSR matters
No citizen so far comes about corrupt practices in SAIL.
During March 2009 to May 2011 all together 51 application have been
received by the PIO, RDCIS directly or through ministry/ SAIL corporate
office. The subject on which the information have been sought for are as
40
under:-
1) Appointment & Recruitment
2) Promotion and Transfer Posting
3) Reservation
4) Corporate Social Responsibility
5) Others ( Union, guest house , patents, contract etc.)
Table Showing various cases related to RTI in SAIL, RDCIS, Ranchi
Sl.
No.
CASES No. of cases
1. Appointment & Recruitment 13
2. Promotion and Transfer Posting 3
3. Reservation 9
4. Corporate Social Responsibility 5
5. Others 21
Pie chart showing various cases related to RTI in SAIL, RDCIS,
41
Ranchi
25%
6%
18%
10%
41%
CASES
Appointment & RecruitmentPromotion & Transfer PostingReservationCorporate Social ResponsibilityOthers
INTERPRETATION
During the period of march 2009 to may 2011 the various cases
that came under THE RIGHT TO INFORMATION ACT 2005 can be
categorized under appointments and recruitment which covers 25%
of the total number of cases, the exact number of cases is 13.
Second to this is information asked about Reservation in SAIL.
This numbers to 9 and covers 18% of the total number of cases.
CSR activities can be enumerated as the third frequently asked
information, it covers 10% of the total number of cases is 5.
Information related to promotion and transfer of employees covers
6% of the total cases.
Information in other areas were asked related to UNION , GUEST
42
HOUSE, PATENTS, CONTRACT etc. under the RTI Act which
forms 41% of the total information.
As per mandatory provisions of Section 4(1) of the Act, 17 items
(manuals) have been published by SAIL, RDCIS within one hundred and
twenty days from the enactment of the Act as detailed below :
1) The particulars of SAIL’s organization.
2) The powers and duties of officers and employees.
3) The procedure followed in the decision-making process, including
channels of supervision and accountability.
4) The norms set for the discharge of its functions.
5) The rules, regulations, instructions, manuals and records, held by SAIL
or under its control or used by its employees for discharging its functions.
6) A statement of categories of documents that are held by SAIL or under
its control.
7) The particulars of any arrangement that exists for consultation by the
members of the public in relation to the formulation of its policy or
implementation thereof.
8) A statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted as its part or for the purpose
of its advice, and as to whether meetings of those boards, councils,
committees and other bodies are open to the public, or the minutes of
such meetings are accessible for public.
9) A directory of officers and employees of SAIL.
10) The monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in the
Company regulations.
43
11) The budget allocated to each of its agency, indicating the particulars
of all plans, proposed expenditures and reports on disbursements made.
12) The manner of execution of subsidy programs including the amounts
allocated and the details of beneficiaries of such programs.
13) Particulars of recipients of concessions, permits, authorizations
granted by SAIL.
14) Details in respect of the information available to or held by it, reduced
in an electronic form.
15) The particulars of facilities available to citizens for obtaining
information including the working hours of a library or reading room, if
maintained for public use.
16) The names, designations and other particulars of the Public
Information Officers.
17) Such other information as may be prescribed and thereafter update
these publications every year.
44
CHAPTER-6
6.0 Performance Highlight of RTI
Based upon the various study is conducted by the Govt. an private
agencies about the working of the RTI in order to ascertain the
performance of the RTI Act so far, the contributing Agencies are :-
A) Agencies from whom the nature of information asked for
The Act has proved to be a miracle. The public authority which were
reluctant to provide information earlier have been found to be prompt and
quick in providing information inspite of initial hurdles and setbacks. The
various provisions of the Act are gradually been implemented.
As per the report submitted by a group of NGOs after conduct of a
45
survey of working of RTI during the first year, the major areas and subject
for which the public authorities have been moved to provide information
are related to civic services in an around there residencies. the RTI act
can Stretch to any limit. The area, agencies and the regime of information
asked is limitless subject to the provision of this act.
Generally the agencies from which and the nature of
information asked and the ruling of CIC are:
i) PSU- tours ,travels, promotions , contract, procurement,allotment
of shops and quarters , unfair practices by seniors officers ,
ACRs etc. The major public sectors covered under this are
NTPC, NHPC, Power Grid, OIL companies, Coal India Ltd, IOC,
HPCL etc
ii) Bank- Account number, PAN number, account detail, society
accounts, conditions of loan given, Inpection of bank account of
others which are not allowed as banks are under duty to keep
secrecy , because no bonafide public interest is involved.
iii) Educational Institutions- Answer sheet of applicants own can
be shown and copiis given , about others can be shown but
copies not given , third party protection can also be sought. The
information can be given only to the person affected.
iv) Government- Customs , excise , income tax, HRD ministry,
AIIMS, Depart of agriculture and co-operative , Department of
legal affairs, ministry of home affairs CVC etc.
v) Police- Annual property returns of pulice officials are keep
46
secret.
vi) Judiciary
vii) CIC
viii) Health department
ix) Election commission
6.1 OBSTACLES TO RTI
Beside many other, the initial hurdles faced by the citizen while seeking
information from the public authority, the legal ones are:-
1. Right to information Act 2005- Section 22- Over ridind effect over
the inconsistent legislature or the rule and the freedom of
Information Act 2003. But still some bureaucrats take its shelter to
avoid giving information.
2. Official secrets act, 1923- several provisions prohibiting the flow of
information. Not only it discourages flows of the information but has
provisions to punish for disclosure of certain type of information.
3. Indian evidence Act, 1872-section 123 and 124-mrestriction to give
evidence. Section 123 which deals with the evidence, prohibited to
give any evidence from unpunishable official records. While Section
124states that no public officers will be compelled to disclose
communication made to him in official confidence when he feels that
the public interest would harm the disclosure.
47
4. CCS 1964 conduct rules- section 9 of all India Services (conduct)
Rules 1968- restriction on giving evidence. With the amendment to
CCS Conduct Rules, the officer now can communicate information
in accordance with the RTI 2005 since amended.
5. Tentative draft RTI amended2006- files noting exemption( amended)
6. CIC (Management) regulations, 2007- Burdens on appellants.
Lame excuses by the Public Authority for refusal/ delay of
information
In order to avoid providing information initially, the excuses given by the
public authority/PIO’s were:-
1. PIO not being aware of provision of the RTI/ pretext on fee.
2. As PIO is only to be penalized, others do not cooperate to provide
information. With the information of rules, deemed PIO is also liable
for penalty.
3. General attitude of refusal as it involves efforts and patience
4. Wait for outcomes of appeal.
5. Quote their own rule that do not permit the disclosure
6. Refusal on the pretext “not in the larger interest of public”
7. Quoting some earlier judgment of CIC/Court through actually is not
relevant to this case.
8. General apathy to provide information in initial attempt to escape as
far as possible.
48
49
CHAPTER-7
7.0 MAJOR FINDINGS AND CONCLUSIONS OF THE STUDY
Our study on Right to Information Act, 2005 reveals that the Act is being
carried out seriously and in true spirit of its implementation. All/most of the
employees are aware of the Right To Information act being implemented
in RDCIS from October 2005. All the application received so far have
been replied within the stipulated time frame and not of the applicants
have challenged. There is proper transparency maintained in the working
and excellent record maintenance of SAIL. Although after the
implementation of Right To Information ACT and upto now RTI ACT is
50
growing successfully. People now becoming aware of the act and in many
cases people are using Right To Information Act in different issues such
as recently 9 yr child use Right To Information Act and filed the
application to the government for his father who disappear 1 yr before and
because of this his mother was imbued badly by the policemen and other
people. Right To Information I ACT help the child and his mother in their
information. We also come to know that Right To Information act is now
implemented in psu but this act is not extended to state J&K and private
sector as our PIO, MR.K.R. THAKUR give some cases for further
acknowledgement such cases as recruitment ,selection ,promotion, csr,
reservation and other issues.
Conclusion case 1 – recruitment of postman – according to this case
postman was not satisfied with his rejection of his case and he filed his
application to above appellate for further reference and proved to be right
and got a compensation of Rs5000. In the same way lots of issues in
companies related to compensation .remuneration, CSR, reservation and
many other issues were covered under RTI Act which is related to public
matters. Citizens of India who want any information in the interest of public
can file an application to authority and seek information regarding their
subject matters . Recently Lok Pal bill which was in lime light was also
comes under and is some where related to Right To Information Act, the
flaring e.g. of a move against corruption.
Our conclusion is that the Right To Information Act 2005 is a very new and
amazing concept but unfortunately lacking public awareness. If the
citizens of India including all the PSU sector specifically become aware of
the Right To Information Act then they can seek the desired information
51
and can save themselves from being cheated on the grounds of lack of
information. This can also exempt corruption and control corruption to
large extent. this can also build a good reputation of the PSU’s
.
7.1 SUGGESTIONS:
1) RTI is a new Act, which is not known by much of the citizens. So
government should conduct awareness programme in maas, so that most
of the people and especially living in rural areas become aware of it.
2) Government should form agencies which would look for reducing the
scope of this Act. This would reduce corruption and more transparency
float across the department.
BIBLIOGRAPHY
“EVERY GOOD WORK REQUIRES GUIDANCE OF SOME EXPERTS.”
This project is a result of hardwork and sincere effort of the group
members in addition to which are the following sources:-
WEBSITES REFFERED:-
52
1.www.sail.co.in
2.www.steelindia.com
3.www.google.com
4.www.wikipedia.com
BOOKS REFFERED:-
1.A practical handbook on RIGHT TO INFORMATION ACT 2005
2.Bare act of RIGHT TO INFORMATION ACT 2005
3.EXECUTIVE DIARY OF SAIL, RDCIS
ANNEXTURE-1
CHAPTER I
Preliminary Short title, extent and commencement.
1. (1) This Act may be called the Right to Information Act, 2005.
(2) It extends to the whole of India except the State of Jammu and
Kashmir.
53
(3) The provisions of sub-section (1) of section 4, sub-sections (1) and (2)
of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at
once, and the remaining provisions of this Act shall come into force on the
one hundred and twentieth day of its enactment.
Definitions.
2. In this Act, unless the context otherwise requires,—
(a) "Appropriate Government" means in relation to a public authority which
is established, constituted, owned, controlled or substantially financed by
funds provided directly or indirectly—
(i) by the Central Government or the Union territory administration, the
Central Government;
(ii) by the State Government, the State Government;
(b) "Central Information Commission" means the Central Information
Commission constituted under sub-section (1) of section 12;
(c) "Central Public Information Officer" means the Central Public
Information Officer designated under sub-section (1) and includes a
Central Assistant Public Information Officer designated as such under
sub-section (2) of section 5;
(d) "Chief Information Commissioner" and "Information Commissioner"
mean the Chief Information Commissioner and Information Commissioner
appointed under sub-section (3) of section 12;
(e) "Competent authority" means—
(i) the Speaker in the case of the House of the People or the Legislative
54
Assembly of a State or a Union territory having such Assembly and the
Chairman in the case of the Council of States or Legislative Council of a
State;
(ii) The Chief Justice of India in the case of the Supreme Court;
(iii) The Chief Justice of the High Court in the case of a High Court;
(iv) The President or the Governor, as the case may be, in the case of
other authorities established or constituted by or under the Constitution;
(v) the administrator appointed under article 239 of the Constitution;
(f) "information" means any material in any form, including records,
documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form SEC.1 and information relating to
any private body which can be accessed by a public authority under any
other law for the time being in force;
(g) "Prescribed" means prescribed by rules made under this Act by the
appropriate Government or the competent authority, as the case may be;
(h) "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;
(d) by notification issued or order made by the appropriate Government,
55
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;
(i) "Record" includes—
(a) any document, manuscript and file;
(b) any microfilm, microfiche and facsimile copy of a document;
(c) any reproduction of image or images embodied in such microfilm
(whether enlarged or not); and
(d) any other material produced by a computer or any other device;
(j) "Right to information" means the right to information accessible under
this Act which is held by or under the control of any public authority and
includes the right to—
(i) inspection of work, documents, records;
(ii) taking notes, extracts or certified copies of documents or records;
(iii) Taking certified samples of material;
(iv) Obtaining information in the form of diskettes, floppies, tapes, video
cassettes or in any other electronic mode or through printouts where such
information is stored in a computer or in any other device;
(k) "State Information Commission" means the State Information
Commission constituted under sub-section (1) of section 15;
56
(l) "State Chief Information Commissioner" and "State Information
Commissioner" mean the State Chief Information Commissioner and the
State Information Commissioner appointed under sub-section (3) of
section 15;
(m) "State Public Information Officer" means the State Public
Information Officer designated under sub-section (1) and includes a State
Assistant Public Information Officer designated as such under sub-section
(2) of section 5;
(n) "Third party" means a person other than the citizen making a request
for information and includes a public authority.
CHAPTER II
Right to information and obligations of public authorities
3. Subject to the provisions of this Act, all citizens shall have the right to
information. Right to Information
4. (1) Every public authority shall—
a) maintain all its records duly catalogued and indexed in a manner and
the form which facilitates the right to information under this Act 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;
b) publish within one hundred and twenty days from the enactment of this
Act,—
57
(i) the par ticulars of its organisation, functions and duties;
(ii) the powers and duties of its officers and employees;
(iii) the procedure followed in the decision making process, including
channels of supervision and accountability;
(iv) the norms set by it for the discharge of its functions;
(v) the rules, regulations, instructions, manuals and records, held by it or
under its control or used by its employees for discharging its functions;
(vi) a statement of the categories of documents that are held by it or
under its control;
(vii) the particulars of any arrangement that exists for consultation with, or
representation by, the members of the public in relation to the formulation
of its policy or implementation thereof;
(viii) a statement of the boards, councils, committees and other bodies
consisting of two or more persons constituted as its part or for the purpose
of its advice, and as to whether meetings of those boards, councils,
committees and other bodies are open to the public, or the minutes of
such meetings are accessible for public;
(ix) a directory of its officers and employees;
(x) the monthly remuneration received by each of its officers and
employees, including the system of compensation as provided in its
regulations;
(xi) the budget allocated to each of its agency, indicating the particulars of
all plans, proposed expenditures and reports on disbursements made;
58
(xii) the manner of execution of subsidy programmes, including the
amounts allocated and the details of beneficiaries of such programmes;
(xiii) particulars of recipients of concessions, permits or authorisations
granted by it;
(xiv) details in respect of the information, available to or held by it,
reduced in an electronic form;
(xv) the particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading room, if
maintained for public use;
(xvi) the names, designations and other particulars of the Public
Information Officers;
(xvii) such other information as may be prescribed; and thereafter update
these publications every year;
c) publish all relevant facts while formulating important policies or
announcing the decisions which affect public;
d) provide reasons for its administrative or quasi-judicial SEC.1
decisions to affected persons.
(2) It shall be a constant endeavour of every public authority to take steps
in accordance with the requirements of clause (b) of sub-section (1) to
provide as much information suo motu to the public at regular intervals
through various means of communications, including internet, so that the
public have minimum resort to the use of this Act to obtain information.
(3) For the purposes of sub-section (1), every information shall be
59
disseminated widely and in such form and manner which is easily
accessible to the public.
(4) All materials shall be disseminated taking into consideration the cost
effectiveness, local language and the most effective method of
communication in that local area and the information should be easily
accessible, to the extent possible in electronic format with the Central
Public Information Officer or State Public Information Officer, as the case
may be, available free or at such cost of the medium or the print cost price
as may be prescribed.
Explanation.—For the purposes of sub-sections (3) and (4),
"disseminated" means making known or communicated the information to
the public through notice boards, newspapers, public announcements,
media broadcasts, the internet or any other means, including inspection of
offices of any public authority.
5. (1) Every public authority shall, within one hundred days of the
enactment of this Act, designate as many officers as the Central Public
Information Officers or State Public Information Officers, as the case may
be, in all administrative units or offices under it as may be necessary to
provide information to persons requesting for the information under this
Act.
(2) Without prejudice to the provisions of sub-section (1), every public
authority shall designate an officer, within one hundred days of the
enactment of this Act, at each sub-divisional level or other sub-district
level as a Central Assistant Public Information Officer or a State Assistant
Public Information Officer, as the case may be, to receive the applications
60
for information or appeals under this Act for forwarding the same forthwith
to the Central Public Information Officer or the State Public Information
Officer or senior officer specified under sub-section (1) of section 19 or the
Central Information Commission or the State Information Commission, as
the case may be:
Provided that where an application for information or appeal is given to a
Central Assistant Public Information Officer or a State Assistant Public
Information Officer, as the case may be, a period of five days shall be
added in computing the period for response specified under sub-section
(1) of section 7.
(3) Every Central Public Information Officer or State Public Information
Officer, as the case may be, shall deal with requests from persons
seeking information and render reasonable assistance to the persons
seeking such information.
(4) The Central Public Information Officer or State Public Information
Officer, as the case may be, may seek the assistance of any other officer
as he or she considers it necessary for the proper discharge of his or her
duties.
(5) Any officer, whose assistance has been sought under sub-section (4),
shall render all assistance to the Central Public Information Officer or
State Public Information Officer, as the case may be, seeking his or her
assistance and for the purposes of any contravention of the provisions of
this Act, such other officer shall be treated as a Central Public Information
Officer or State Public Information Officer, as the case may be.
Designation of Public Information Officers. 6
61
6. (1) A person, who desires to obtain any information under this Act, shall
make a request in writing or through electronic means in English or Hindi
or in the official language of the area in which the application is being
made, accompanying such fee as may be prescribed, to—
(a) the Central Public Information Officer or State Public Information
Officer, as the case may be, of the concerned public authority;
(b) the Central Assistant Public Information Officer or State Assistant
Public Information Officer, as the case may be, specifying the particulars
of the information sought by him or her:
Provided that where such request cannot be made in writing, the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall render all reasonable assistance to the person making the
request orally to reduce the same in writing.
(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.
(3) Where an application is made to a public authority requesting for an
information,—
(i) which is held by another public authority; or
(ii) 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 such part of it as may be appropriate to that other public authority and
62
inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section
shall be made as soon as practicable but in no case later than five days
from the date of receipt of the application.
Request for obtaining information.
Disposal of request.
7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso
to subsection (3) of section 6, the Central Public Information Officer or
State Public Information Officer, as the case may be, on receipt of a
request undersection 6 shall, as expeditiously as possible, and in any
case within thirty days of the receipt of the request, either provide the
information on payment of such fee as may be prescribed or reject the
request for any of the reasons specified in sections 8 and 9:
Provided that where the information sought for concerns the life or liberty
of a person, the same shall be provided within forty-eight hours of the
receipt of the request.
(2) If the Central Public Information Officer or State Public Information
Officer, as the case may be, fails to give decision on the request for
information within the period specified under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall be deemed to have refused the request.
(3) Where a decision is taken to provide the information on payment of
any further fee representing the cost of providing the information, the
Central Public Information Officer or State Public Information Officer, as
63
the case may be, shall send an intimation to the person making the
request, giving—
(a) the details of further fees representing the cost of providing the
information as determined by him, together with the calculations made
SEC.1 arrive at the amount in accordance with fee prescribed under
subsection (1), requesting him to deposit that fees, and the period
intervening between the dispatch of the said intimation and payment of
fees shall be excluded for the purpose of calculating the period of thirty
days referred to in that sub-section;
(b) information concerning his or her right with respect to review the
decision as to the amount of fees charged or the form of access provided,
including the particulars of the appellate authority, time limit, process and
any other forms.
(4) Where access to the record or a part thereof is required to be provided
under this Act and the person to whom access is to be provided is
sensorily disabled, the Central Public Information Officer or State Public
Information Officer, as the case may be, shall provide assistance to
enable access to the information, including providing such assistance as
may be appropriate for the inspection.
(5) Where access to information is to be provided in the printed or in any
electronic format, the applicant shall, subject to the provisions of sub-
section (6), pay such fee as may be prescribed:
Provided that the fee prescribed under sub-section (1) of section 6 and
sub-sections (1) and (5) of section 7 shall be reasonable and no such fee
shall be charged from the persons who are of below poverty line as may
64
be determined by the appropriate Government.
(6) Notwithstanding anything contained in sub-section (5), the person
making request for the information shall be provided the information free
of charge where a public authority fails to comply with the time limits
specified in sub-section (1).
(7) Before taking any decision under sub-section (1), the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall take into consideration the representation made by a third party
under section 11.
(8) Where a request has been rejected under sub-section (1), the Central
Public Information Officer or State Public Information Officer, as the case
may be, shall communicate to the person making the request,—
(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.
(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.
8. (1) Notwithstanding anything contained in this Act, there shall be no
obligation to give any citizen,—
(a) information, disclosure of which would prejudicially affect the
65
sovereignty and integrity of India, the security, strategic, scientific or
economic interests of the State, relation with foreign State or lead to
incitement of an offence;
(b) information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute contempt
of court;
Exemption from disclosure of information.8
(c) information, the disclosure of which would cause a breach of privilege
of Parliament or the State Legislature;
(d) information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the competitive
position of a third party, unless the competent authority is satisfied that
larger public interest warrants the disclosure of such information;
(e) information available to a person in his fiduciary relationship, unless
the competent authority is satisfied that the larger public interest warrants
the disclosure of such information;
(f) information received in confidence from foreign Government;
(g) information, the disclosure of which would endanger the life or physical
safety of any person or identify the source of information or assistance
given in confidence for law enforcement or security purposes;
(h) information which would impede the process of investigation or
apprehension or prosecution of offenders;
(i) cabinet papers including records of deliberations of the Council of
66
Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the reasons thereof,
and the material on the basis of which the decisions were taken shall be
made public after the decision has been taken, and the matter is
complete, or over:
Provided further that those matters which come under the exemptions
specified in this section shall not be disclosed;
(j) information which relates to personal information the disclosure of
which has no relationship to any public activity or interest, or which would
cause unwarranted invasion of the privacy of the individual unless the
Central Public Information Officer or the State Public Information Officer or
the appellate authority, as the case may be, is satisfied that the larger
public interest justifies the disclosure of such information:
Provided that the information which cannot be denied to the Parliament or
a State Legislature shall not be denied to any person. 19 of 1923.
(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of
the exemptions permissible in accordance with sub-section (1), a public
authority may allow access to information, if public interest in disclosure
outweighs the harm to the protected interests.
(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1),
any information relating to any occurrence, event or matter which has
taken place, occurred or happened twenty years before the date on which
any request is made under section 6 shall be provided to any person
making a request under that section:
67
Provided that where any question arises as to the date from which the
said period of twenty years has to be computed, the decision of the
Central Government shall be final, subject to the usual appeals provided
for in this Act. SEC.1
Grounds for rejection to access in certain cases.
9. Without prejudice to the provisions of section 8, a Central Public
Information Officer or a State Public Information Officer, as the case may
be, may reject a request for information where such a request for
providing access would involve an infringement of copyright subsisting in
a person other than the State. Severability 10. (1) Where a request for
access to information is rejected on the ground that it is in relation to
information which is exempt from disclosure, then, notwithstanding
anything contained in this Act, access may be provided to that part of the
record which does not contain any information which is exempt from
disclosure under this Act and which can reasonably be severed from any
part that contains exempt information.
(2) Where access is granted to a part of the record under sub-section (1),
the Central Public Information Officer or State Public Information Officer,
as the case may be, shall give a notice to the applicant, informing—
(a) that only part of the record requested, after severance of the record
containing information which is exempt from disclosure, is being provided;
(b) the reasons for the decision, including any findings on any material
question of fact, referring to the material on which those findings were
based;
68
(c) the name and designation of the person giving the decision;
(d) the details of the fees calculated by him or her and the amount of fee
which the applicant is required to deposit; and
(e) his or her rights with respect to review of the decision regarding non-
disclosure of part of the information, the amount of fee charged or the
form of access provided, including the particulars of the senior officer
specified under sub-section (1) of section 19 or the Central Information
Commission or the State Information Commission, as the case may be,
time limit, process and any other form of access.
Third party information.
11. (1) Where a Central Public Information Officer or a State Public
Information Officer, as the case may be, intends to disclose any
information or record, or part thereof on a request made under this Act,
which relates to or has been supplied by a third party and has been
treated as confidential by that third party, the Central Public Information
Officer or State Public Information Officer, as the case may be, shall,
within five days from the receipt of the request, give a written notice to
such third party of the request and of the fact that the Central Public
Information Officer or State Public Information Officer, as the case may
be, intends to disclose the information or record, or part thereof, and invite
the third party to make a submission in writing or orally, regarding whether
the information should be disclosed, and such submission of the third
party shall be kept in view while taking a decision about disclosure of
information:
Provided that except in the case of trade or commercial secrets protected
69
by law, disclosure may be allowed if the public interest in disclosure
outweighs in importance any possible harm or injury to the interests of
such third party.
(2) Where a notice is served by the Central Public Information Officer or
State Public Information Officer, as the case may be, under sub-section
(1) to a third party in respect of any information or record or part thereof,
the third party shall, within ten days from the date of receipt of such
notice, be given the opportunity to make representation against the
proposed disclosure.
(3) Notwithstanding anything contained in section 7, the Central Public
Information Officer or State Public Information Officer, as the case may
be, shall, within forty days after receipt of the request under section 6, if
the third party has been given an opportunity to make representation
under sub-section (2), make a decision as to whether or not to disclose
the information or record or part thereof and give in 10 writing the notice
of his decision to the third party.
(4) A notice given under sub-section (3) shall include a statement that the
third party to whom the notice is given is entitled to prefer an appeal under
section 19 against the decision.
CHAPTER III
The Central Information Commission
12. (1) The Central Government shall, by notification in the Official
Gazette, constitute a body to be known as the Central Information
70
Commission to exercise the powers conferred on, and to perform the
functions assigned to, it under this Act.
(2) The Central Information Commission shall consist of—
(a) the Chief Information Commissioner; and
(b) such number of Central Information Commissioners, not exceeding
ten, as may be deemed necessary.
(3) The Chief Information Commissioner and Information Commissioners
shall be appointed by the President on the recommendation of a
committee consisting of—
(i) the Prime Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Lok Sabha; and
(iii) a Union Cabinet Minister to be nominated by the Prime Minister.
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the House of the People
has not been recognised as such, the Leader of the single largest group in
opposition of the Government in the House of the People shall be deemed
to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs
of the Central Information Commission shall vest in the Chief Information
Commissioner who shall be assisted by the Information Commissioners
and may exercise all such powers and do all such acts and things which
may be exercised or done by the Central Information Commission
autonomously without being subjected to directions by any other authority
71
under this Act.
(5) The Chief Information Commissioner and Information Commissioners
shall be persons of eminence in public life with wide knowledge and
experience in law, science and technology, social service, management,
journalism, mass media or administration and governance.
(6) The Chief Information Commissioner or an Information Commissioner
shall not be a Member of Parliament or Member of the Legislature of any
State or Union territory, as the case may be, or hold any other office of
profit or connected with any political party or carrying on any business or
pursuing any profession.
(7) The headquarters of the Central Information Commission shall be at
Delhi and the Central Information Commission may, with the previous
approval of the Central Government, establish offices at other places in
India.
Constitution of Central Information Commission. SEC.1
13. (1) The Chief Information Commissioner shall hold office for a term of
five years from the date on which he enters upon his office and shall not
be eligible for reappointment:
Provided that no Chief Information Commissioner shall hold office as such
after he has attained the age of sixty-five years.
(2) Every Information Commissioner shall hold office for a term of five
years from the date on which he enters upon his office or till he attains the
age of sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such Information Commissioner:
72
Provided that every Information Commissioner shall, on vacating his office
under this sub-section be eligible for appointment as the Chief Information
Commissioner in the manner specified in sub-section (3) of section 12:
Provided further that where the Information Commissioner is appointed as
the Chief Information Commissioner, his term of office shall not be more
than five years in aggregate as the Information Commissioner and the
Chief Information Commissioner.
(3) The Chief Information Commissioner or an Information Commissioner
shall before he enters upon his office make and subscribe before the
President or some other person appointed by him in that behalf, an oath
or affirmation according to the form set out for the purpose in the First
Schedule.
(4) The Chief Information Commissioner or an Information Commissioner
may, at any time, by writing under his hand addressed to the President,
resign from his office:
Provided that the Chief Information Commissioner or an Information
Commissioner may be removed in the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and
conditions of service of—
(a) the Chief Information Commissioner shall be the same as that of the
Chief Election Commissioner;
(b) an Information Commissioner shall be the same as that of an Election
Commissioner:
73
Provided that if the Chief Information Commissioner or an Information
Commissioner, at the time of his appointment is, in receipt of a pension,
other than a disability or wound pension, in respect of any previous
service under the Government of India or under the Government of a
State, his salary in respect of the service as the Chief Information
Commissioner or an Information Commissioner shall be reduced by the
amount of that pension including any portion of pension which was
commuted and pension equivalent of other forms of retirement benefits
excluding pension equivalent of retirement
gratuity:
Provided further that if the Chief Information Commissioner or an
Information Commissioner if, at the time of his appointment is, in receipt of
retirement benefits in respect of any previous service rendered in a
Corporation established by or under any Central Act or State Act or a
Government company owned or controlled by the Central Government or
the State Government, his salary in respect of the service as the Chief
Information Commissioner or an Information Commissioner shall be
reduced by the amount of pension equivalent to the retirement benefits:
Provided also that the salaries, allowances and other conditions of service
of the Chief
Information Commissioner and the Information Commissioners shall not
be varied to their
Term of office and conditions of service. 12 disadvantage after their
appointment.
74
(6) The Central Government shall provide the Chief Information
Commissioner and the Information Commissioners with such officers and
employees as may be necessary for the efficient performance of their
functions under this Act, and the salaries and allowances payable to and
the terms and conditions of service of the officers and other employees
appointed for the purpose of this Act shall be such as may be prescribed.
14. (1) Subject to the provisions of sub-section (3), the Chief Information
Commissioner or any Information Commissioner shall be removed from
his office only by order of the President on the ground of proved
misbehavior or incapacity after the Supreme Court, on a reference made
to it by the President, has, on inquiry, reported that the Chief Information
Commissioner or any Information Commissioner, as the case may be,
ought on such ground be removed.
(2) The President may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the Chief Information
Commissioner or Information Commissioner in respect of whom a
reference has been made to the Supreme Court under sub-section (1)
until the President has passed orders on receipt of the report of the
Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the President
may by order remove from office the Chief Information Commissioner or
any Information Commissioner if the Chief Information Commissioner or a
Information Commissioner, as the case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
75
President, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the President, unfit to continue in office by reason
of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the Chief Information Commissioner or a
Information Commissioner.
(4) If the Chief Information Commissioner or a Information Commissioner
in any way, concerned or interested in any contract or agreement made by
or on behalf of the Government of India or participates in any way in the
profit thereof or in any benefit or emolument arising therefrom otherwise
than as a member and in common with the other members of an
incorporated company, he shall, for the purposes of sub-section
(1), be deemed to be guilty of misbehavior.
Removal of Chief Information Commissioner or Information
Commissioner.
CHAPTER IV
The State Information Commission
15. (1) Every State Government shall, by notification in the Official
Gazette, constitute a body to be known as the ......... (name of the State)
Information Commission to exercise the powers conferred on, and to
76
perform the functions assigned to, it under this Act.
(2) The State Information Commission shall consist of—
(a) the State Chief Information Commissioner, and
(b) such number of State Information Commissioners, not exceeding ten,
as may be deemed necessary.
Constitution of State Information Commission. SEC.1
(3) The State Chief Information Commissioner and the State Information
Commissioners shall be appointed by the Governor on the
recommendation of a committee consisting of—
(i) the Chief Minister, who shall be the Chairperson of the committee;
(ii) the Leader of Opposition in the Legislative Assembly; and
(iii) a Cabinet Minister to be nominated by the Chief Minister
Explanation.—For the purposes of removal of doubts, it is hereby
declared that where the Leader of Opposition in the Legislative Assembly
has not been recognised as such, the Leader of the single largest group in
opposition of the Government in the Legislative
Assembly shall be deemed to be the Leader of Opposition.
(4) The general superintendence, direction and management of the affairs
of the State Information Commission shall vest in the State Chief
Information Commissioner who shall be assisted by the State Information
Commissioners and may exercise all such powers and do all such acts
and things which may be exercised or done by the State Information
77
Commission autonomously without being subjected to directions by any
other authority under this Act.
(5) The State Chief Information Commissioner and the State Information
Commissioners shall be persons of eminence in public life with wide
knowledge and experience in law, science and technology, social service,
management, journalism, mass media or administration and governance.
(6) The State Chief Information Commissioner or a State Information
Commissioner shall not be a Member of Parliament or Member of the
Legislature of any State or Union territory, as the case may be, or hold
any other office of profit or connected with any political party or carrying
on any business or pursuing any profession.
(7) The headquarters of the State Information Commission shall be at
such place in the State as the State Government may, by notification in
the Official Gazette, specify and the State Information Commission may,
with the previous approval of the State Government, establish offices at
other places in the State.
Term of office and conditions of service.
16. (1) The State Chief Information Commissioner shall hold office for a
term of five from the date on which he enters upon his office and shall not
be eligible for reappointment:
Provided that no State Chief Information Commissioner shall hold office
as such after he has attained the age of sixty-five years.
(2) Every State Information Commissioner shall hold office for a term of
five years from the date on which he enters upon his office or till he attains
78
the age of sixty-five years, whichever is earlier, and shall not be eligible for
reappointment as such State Information Commissioner:
Provided that every State Information Commissioner shall, on vacating his
office under this sub-section, be eligible for appointment as the State
Chief Information Commissioner in the manner specified in sub-section (3)
of section 15:
Provided further that where the State Information Commissioner is
appointed as the State Chief Information Commissioner, his term of office
shall not be more than five years in aggregate as the State Information
Commissioner and the State Chief Information Commissioner.
(3) The State Chief Information Commissioner or a State Information
Commissioner, 14 shall before he enters upon his
office make and subscribe before the Governor or some other person
appointed by him in that behalf, an oath or affirmation according to the
form set out for the purpose in the First Schedule.
(4) The State Chief Information Commissioner or a State Information
Commissioner may, at any time, by writing under his hand addressed to
the Governor, resign from his office:
Provided that the State Chief Information Commissioner or a State
Information Commissioner may be removed in the manner specified under
section 17.
(5) The salaries and allowances payable to and other terms and
conditions of service of—
(a) the State Chief Information Commissioner shall be the same as that of
79
an Election Commissioner;
(b) the State Information Commissioner shall be the same as that of the
Chief Secretary to the State Government:
Provided that if the State Chief Information Commissioner or a State
Information Commissioner, at the time of his appointment is, in receipt of a
pension, other than a disability or wound pension, in respect of any
previous service under the Government of India or under the Government
of a State, his salary in respect of the service as the State Chief
Information Commissioner or a State Information Commissioner shall be
reduced by the amount of that pension including any portion of pension
which was commuted and pension equivalent of other forms of retirement
benefits excluding pension equivalent of retirement gratuity:
Provided further that where the State Chief Information Commissioner or a
State Information Commissioner if, at the time of his appointment is, in
receipt of retirement benefits in respect of any previous service rendered
in a Corporation established by or under any Central Act or State Act or a
Government company owned or controlled by the Central Government or
the State Government, his salary in respect of the service as the State
Chief Information Commissioner or the State Information Commissioner
shall be reduced by the amount of pension equivalent to the retirement
benefits:
Provided also that the salaries, allowances and other conditions of service
of the State Chief Information Commissioner and the State Information
Commissioners shall not be varied to their disadvantage after their
appointment.
80
(6) The State Government shall provide the State Chief Information
Commissioner and the State Information Commissioners with such
officers and employees as may be necessary for the efficient performance
of their functions under this Act, and the salaries and allowances payable
to and the terms and conditions of service of the officers and other
employees appointed for the purpose of this Act shall be such as may be
prescribed.
17. (1) Subject to the provisions of sub-section (3), the State Chief
Information Commissioner or a State Information Commissioner shall be
removed from his office only by order of the Governor on the ground of
proved misbehavior or incapacity after the Supreme Court, on a reference
made to it by the Governor, has on inquiry, reported that the State Chief
Information Commissioner or a State Information Commissioner, as the
case may be, ought on such ground be removed.
(2) The Governor may suspend from office, and if deem necessary
prohibit also from attending the office during inquiry, the State Chief
Information Commissioner or a State Information Commissioner in respect
of whom a reference has been made to the Supreme Court under sub-
section (1) until the Governor has passed orders on receipt of the report of
Removal of State Chief Information Commissioner or State Information
Commissioner SEC.1 the Supreme Court on such reference.
(3) Notwithstanding anything contained in sub-section (1), the Governor
may by order remove from office the State Chief Information
Commissioner or a State Information Commissioner if a State Chief
Information Commissioner or a State Information Commissioner, as the
81
case may be,—
(a) is adjudged an insolvent; or
(b) has been convicted of an offence which, in the opinion of the
Governor, involves moral turpitude; or
(c) engages during his term of office in any paid employment outside the
duties of his office; or
(d) is, in the opinion of the Governor, unfit to continue in office by reason
of infirmity of mind or body; or
(e) has acquired such financial or other interest as is likely to affect
prejudicially his functions as the State Chief Information Commissioner or
a State Information Commissioner.
(4) If the State Chief Information Commissioner or a State Information
Commissioner in any way, concerned or interested in any contract or
agreement made by or on behalf of the Government of the State or
participates in any way in the profit thereof or in any benefit or
emoluments arising therefrom otherwise than as a member and in
common with the other members of an incorporated company, he shall,
for the purposes of sub-section (1), be deemed to be guilty of
misbehavior.
CHAPTER V
Powers and functions of the Information Commissions, appeal and
82
penalties
18. (1) Subject to the provisions of this Act, it shall be the duty of the
Central Information Commission or State Information Commission, as the
case may be, to receive and inquire into a complaint from any person,—
(a) who has been unable to submit a request to a Central Public
Information Officer or State Public Information Officer, as the case may
be, either by reason that no such officer has been appointed under this
Act, or because the Central Assistant Public Information Officer or State
Assistant Public Information Officer, as the case may be, has refused to
accept his or her application for information or appeal under this Act for
forwarding the same to the Central Public Information Officer or State
Public Information Officer or senior officer specified in subsection (1) of
section 19 or the Central Information Commission or the State Information
Commission, as the case may be;
(b) who has been refused access to any information requested under this
Act;
(c) who has not been given a response to a request for information or
access to information within the time limit specified under this Act;
(d) who has been required to pay an amount of fee which he or she
considers unreasonable; (e) who believes that he or she has been given
incomplete, misleading or false information under this Act; and
(f) in respect of any other matter relating to requesting or obtaining
access to records under this Act.
(2) Where the Central Information Commission or State Information
83
Commission, as the case may be, is satisfied that there are reasonable
grounds to inquire into the matter, it may initiate an inquiry in respect
thereof. 16(3) The Central Information Commission or State Information
Commission, as the case may be, shall, while inquiring into any matter
under this section, have the same powers as are vested in a civil court
while trying a suit under the Code of Civil Procedure, 1908, in respect of
the following matters, namely:— 5 of 1908
(a) summoning and enforcing the attendance of persons and compel
them to give oral or written evidence on oath and to produce the
documents or things;
(b) requiring the discovery and inspection of documents;
(c) receiving evidence on affidavit;
(d) requisitioning any public record or copies thereof from any court or
office;
(e) issuing summons for examination of witnesses or documents; and
(f) any other matter which may be prescribed.
(4) Notwithstanding anything inconsistent contained in any other Act of
Parliament or State Legislature, as the case may be, the Central
Information Commission or the State Information Commission, as the
case may be, may, during the inquiry of any complaint under this Act,
examine any record to which this Act applies which is under the control of
the public authority, and no such record may be withheld from it on any
grounds.
84
Appeal.
19.(1) Any person who, does not receive a decision within the time
specified in subsection (1) or clause (a) of sub-section (3) of section 7, or
is aggrieved by a decision of the Central Public Information Officer or
State Public Information Officer, as the case may be, may within thirty
days from the expiry of such period or from the receipt of such a decision
prefer an appeal to such officer who is senior in rank to the Central Public
Information Officer or State Public Information Officer as the case may be,
in each public authority:
Provided that such officer may admit the appeal after the expiry of the
period of thirty days if he or she is satisfied that the appellant was
prevented by sufficient cause from filing the appeal in time.
(2) Where an appeal is preferred against an order made by a Central
Public Information Officer or a State Public Information Officer, as the
case may be, under section 11 to disclose third party information, the
appeal by the concerned third party shall be made within thirty days from
the date of the order.
(3) A second appeal against the decision under sub-section (1) shall lie
within ninety days from the date on which the decision should have been
made or was actually received, with the Central Information Commission
or the State Information Commission:
Provided that the Central Information Commission or the State Information
Commission, as the case may be, may admit the appeal after the expiry of
the period of ninety days if it is satisfied that the appellant was prevented
85
by sufficient cause from filing the appeal in time.
(4) If the decision of the Central Public Information Officer or State Public
Information Officer, as the case may be, against which an appeal is
preferred relates to information of a third party, the Central Information
Commission or State Information Commission, as the case may be, shall
give a reasonable opportunity of being heard to that third party.
(5) In any appeal proceedings, the onus to prove that a denial of a request
was justified shall be on the Central Public Information Officer or State
Public Information Officer, as the case may be, who denied the request.
(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of
within thirty days of the receipt of the appeal or within such extended
period not exceeding a total of forty-five days from the date of filing
thereof, as the case may be, for reasons to be SEC.1 recorded in writing.
(7) The decision of the Central Information Commission or State
Information Commission, as the case may be, shall be binding.
(8) In its decision, the Central Information Commission or State
Information Commission, as the case may be, has the power to—
(a) require the public authority to take any such steps as may be
necessary to secure compliance with the provisions of this Act, including
—
(i) by providing access to information, if so requested, in a particular form;
(ii) by appointing a Central Public Information Officer or State Public
Information Officer, as the case may be;
86
(iii) by publishing certain information or categories of information;
(iv) by making necessary changes to its practices in relation to the
maintenance, management and destruction of records;
(v) by 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
subsection (1) of section 4;
(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.
(9) The Central Information Commission or State Information Commission,
as the case may be, shall give notice of its decision, including any right of
appeal, to the complainant and the public authority.
(10) The Central Information Commission or State Information
Commission, as the case may be, shall decide the appeal in accordance
with such procedure as may be prescribed.
Penalties
20.(1) Where the Central Information Commission or the State
Information Commission, as the case may be, at the time of deciding any
complaint or appeal is of the opinion that the Central Public Information
Officer or the State Public Information Officer, as the case may be, has,
without any reasonable cause, refused to receive an application for
87
information or has not furnished information within the time specified
under sub-section
(1) of section 7 or malafidely denied the request for information or
knowingly given incorrect, incomplete or misleading information or
destroyed information which was the subject of the request or obstructed
in any manner in furnishing the information, it shall impose a penalty of
two hundred and fifty rupees each day till application is received or
information is furnished, so however, the total amount of such penalty
shall not exceed twenty-five thousand rupees:
Provided that the Central Public Information Officer or the State Public
Information Officer, as the case may be, shall be given a reasonable
opportunity of being heard before any penalty is imposed on him:
Provided further that the burden of proving that he acted reasonably and
diligently shall be on the Central Public Information Officer or the State
Public Information Officer, as the case may be.
(2) Where the Central Information Commission or the State Information
Commission, as the case may be, at the time of deciding any complaint or
appeal is of the opinion that the Central Public Information Officer or the
State Public Information Officer, as the case 18 may be, has, without any
reasonable cause and persistently, failed to receive an application for
information or has not furnished information within the time specified
under subsection (1) of section 7 or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading
information or destroyed information which was the subject of the request
or obstructed in any manner in furnishing the information, it shall
88
recommend for disciplinary action against the Central Public Information
Officer or the State Public Information Officer, as the case may be, under
the service rules applicable to him.
CHAPTER VI
Miscellaneous Protection of action taken in good faith.
21. No suit, prosecution or other legal proceeding shall lie against any
person for anything which is in good faith done or intended to be done
under this Act or any rule made thereunder.
Act to have overriding effect
22. The provisions of this Act shall have effect notwithstanding anything
inconsistent therewith contained in the Official Secrets Act, 1923, and any
other law for the time being in force or in any instrument having effect by
virtue of any law other than this Act.
Bar of jurisdiction of courts
23. No court shall entertain any suit, application or other proceeding in
respect of any order made under this Act and no such order shall be
called in question otherwise than by way of an appeal under this Act.
Act not to apply to certain organisations
24. (1) Nothing contained in this Act shall apply to the intelligence and
security organisations specified in the Second Schedule, being
organisations established by the Central Government or any information
89
furnished by such organisations to that Government:
Provided that the information pertaining to the allegations of corruption
and human rights violations shall not be excluded under this sub-section:
Provided further that in the case of information sought for is in respect of
allegations of violation of human rights, the information shall only be
provided after the approval of the Central Information Commission, and
notwithstanding anything contained in section 7, such information shall be
provided within forty-five days from the date of the receipt of request.
(2) The Central Government may, by notification in the Official Gazette,
amend the Schedule by including therein any other intelligence or security
organisation established by that Government or omitting there from any
organisation already specified therein and on the publication of such
notification, such organisation shall be deemed to be included in or, as the
case may be, omitted from the Schedule.
(3) Every notification issued under sub-section (2) shall be laid before
each House of Parliament.
(4) Nothing contained in this Act shall apply to such intelligence and
security organisation being organisations established by the State
Government, as that Government may, from time to time, by notification in
the Official Gazette, specify:
Provided that the information pertaining to the allegations of corruption
and human rights violations shall not be excluded under this sub-section:
SEC.1
Provided further that in the case of information sought for is in respect of
90
allegations of violation of human rights, the information shall only be
provided after the approval of the State Information Commission and,
notwithstanding anything contained in section 7, such information shall be
provided within forty-five days from the date of the receipt of request.
(5) Every notification issued under sub-section (4) shall be laid before the
State Legislature.
25. (1) The Central Information Commission or State Information
Commission, as the case may be, shall, as soon as practicable after the
end of each year, prepare a report on the implementation of the provisions
of this Act during that year and forward a copy thereof to the appropriate
Government.
(2) Each Ministry or Department shall, in relation to the public authorities
within their jurisdiction, collect and provide such information to the Central
Information Commission or State Information Commission, as the case
may be, as is required to prepare the report under this section and comply
with the requirements concerning the furnishing of that information and
keeping of records for the purposes of this section.
(3) Each report shall state in respect of the year to which the report
relates,—
(a) the number of requests made to each public authority;
(b) the number of decisions where applicants were not entitled to access
to the documents pursuant to the requests, the provisions of this Act
under which these decisions were made and the number of times such
provisions were invoked;
91
(c) the number of appeals referred to the Central Information Commission
or State Information Commission, as the case may be, for review, the
nature of the appeals and the outcome of the appeals;
(d) particulars of any disciplinary action taken against any officer in
respect of the administration of this Act;
(e) the amount of charges collected by each public authority under this
Act;
(f) any facts which indicate an effort by the public authorities to administer
and implement the spirit and intention of this Act;
(g) recommendations for reform, including recommendations in respect of
the particular public authorities, for the development, improvement,
modernisation, reform or amendment to this Act or other legislation or
common law or any other matter relevant for operationalising the right to
access information.
(4) The Central Government or the State Government, as the case may
be, may, as soon as practicable after the end of each year, cause a copy
of the report of the Central Information Commission or the State
Information Commission, as the case may be, referred to in sub-section
(1) to be laid before each House of Parliament or, as the case may be,
before each House of the State Legislature, where there are two Houses,
and where there is one House of the State Legislature before that House.
(5) If it appears to the Central Information Commission or State
Information Commission, as the case may be, that the practice of a public
authority in relation to the exercise of its functions under this Act does not
92
conform with the provisions or spirit of this Act, it may give to the authority
a recommendation specifying the steps which ought in its opinion to be
taken for promoting such conformity.
Monitoring and Reporting Appropriate Government to prepare
programmes
26. (1) The appropriate Government may, to the extent of availability of
financial and other resources,—
(a) develop and organise educational programmes to advance the
understanding of the public, in particular of disadvantaged communities
as to how to exercise the rights contemplated under this Act; 20
(b) encourage public authorities to participate in the development and
organisation of programmes referred to in clause (a) and to undertake
such programmes themselves;
(c) promote timely and effective dissemination of accurate information by
public authorities about their activities; and
(d) train Central Public Information Officers or State Public Information
Officers, as the case may be, of public authorities and produce relevant
training materials for use by the public authorities themselves.
(2) The appropriate Government shall, within eighteen months from the
commencement of this Act, compile in its official language a guide
containing such information, in an easily comprehensible form and
manner, as may reasonably be required by a person who wishes to
exercise any right specified in this Act.
93
(3) The appropriate Government shall, if necessary, update and publish
the guidelines referred to in sub-section (2) at regular intervals which
shall, in particular and without prejudice to the generality of sub-section
(2), include—
(a) the objects of this Act;
(b) the postal and street address, the phone and fax number and, if
available, electronic mail address of the Central Public Information Officer
or State Public Information Officer, as the case may be, of every public
authority appointed under sub-section (1) of section 5;
(c) the manner and the form in which request for access to an information
shall be made to a Central Public Information Officer or State Public
Information Officer, as the case may be;
(d) the assistance available from and the duties of the Central Public
Information Officer or State Public Information Officer, as the case may
be, of a public authority under this Act;
(e) the assistance available from the Central Information Commission or
State Information Commission, as the case may be;
(f) all remedies in law available regarding an act or failure to act in
respect of a right or duty conferred or imposed by this Act including the
manner of filing an appeal to the Commission;
(g) the provisions providing for the voluntary disclosure of categories of
records in accordance with section 4;
(h) the notices regarding fees to be paid in relation to requests for access
94
to an information; and
(i) any additional regulations or circulars made or issued in relation to
obtaining access to an information in accordance with this Act.
(4) The appropriate Government must, if necessary, update and publish
the guidelines at regular intervals.
27. (1) The appropriate Government may, by notification in the Official
Gazette, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:—
(a) the cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4;
(b) the fee payable under sub-section (1) of section 6;
(c) the fee payable under sub-sections (1) and (5) of section 7;
(d) the salaries and allowances payable to and the terms and conditions
of service of the officers and other employees under sub-section (6) of
section 13 and
Power to make rules by appropriate Government SEC.1 sub-section (6)
of section 16;
(e) the procedure to be adopted by the Central Information Commission
or State Information Commission, as the case may be, in deciding the
appeals under sub-section (10) of section 19; and
95
(f) any other matter which is required to be, or may be, prescribed.
28. (1) The competent authority may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing
power, such rules may provide for all or any of the following matters,
namely:—
(i) the cost of the medium or print cost price of the materials to be
disseminated under sub-section (4) of section 4;
(ii) the fee payable under sub-section (1) of section 6;
(iii) the fee payable under sub-section (1) of section 7; and
(iv) any other matter which is required to be, or may be, prescribed
Power to make rules by competent authority.
29. (1) Every rule made by the Central Government under this Act shall be
laid, as soon as may be after it is made, before each House of Parliament,
while it is in session, for a total period of thirty days which may be
comprised in one session or in two or more successive sessions, and if,
before the expiry of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be
made, the rule shall thereafter have effect only in such modified form or be
of no effect, as the case may be; so, however, that any such modification
or annulment shall be without prejudice to the validity of anything
previously done under that rule.
96
(2) Every rule made under this Act by a State Government shall be laid, as
soon as may be after it is notified, before the State Legislature.
Laying of rules.
30. (1) If any difficulty arises in giving effect to the provisions of this Act,
the Central Government may, by order published in the Official Gazette,
make such provisions not inconsistent with the provisions of this Act as
appear to it to be necessary or expedient for removal of the difficulty:
Provided that no such order shall be made after the expiry of a period of
two years from the date of the commencement of this Act.
(2) Every order made under this section shall, as soon as may be after it is
made, be laid before each House of Parliament.
Power to remove difficulties.
Repeal 31. The Freedom of Information Act, 2002 is hereby repealed. 5
of 2003 22
ANNEXURE 2
17 MANUALS
1) The particulars of SAIL’s organization.
DEFINITIONS :
97
o RDCIS: Research & Development Centre for Iron and Steel
o SAIL: Steel Authority of India Ltd.
o QMS: Quality Management System
o VISP : Visvesvaraya Iron & Steel Plant
o R&D : Research & Development
R&D PROJECTS: Properly defined research and development schemes
in respect of activities, resources, responsibilities and time schedule
leading to technological innovations/ knowledge and pursued by RDCIS
personnel in steel plants and/ or RDCIS laboratory.
Organisation:-
RDCIS is a corporate R&D unit of Steel Authority of India Limited. It is
India’s premier research organization in the field of ferrous metallurgy.
The main Centre located in Ranchi, was established in 1972 and its
modern laboratory Complex was inaugurated in 1986. RDCIS undertakes
research projects encompassing the entire spectrum of iron and steel
starting from raw materials to finished products. RDCIS is continuously
engaged in improving the process parameters, development of value
added product, energy
conservation, improvement in product quality, up gradation of existing
technologies and introduction of new technologies in the plants and units
of SAIL. RDCIS also offers technological services in the form of know-how
/ transfer of technologies developed by it, consultancy services / contract
research, specialized testing services, & training. Technology Groups of
RDCIS are divided in different areas like Coal & Energy, Iron & Sinter,
98
Steel, Rolling Technology, Product, Refractory’s and Automation &
Engineering. RDCIS has got its Plant Centre’s in all the five integrated
SAIL Plants and also at VISP, Bhadravati (Karnataka). RDCIS has also
got its offices at Delhi and Kolkata.
The salient features of the Mission of RDCIS entail the following:
Promote originality, foster creativity and expand knowledge base
through the pursuit of carefully selected R&D programmes
Develop RDCIS’s human resources and facilities to achieve and
sustain technological excellence
Complement SAIL plant’s efforts to continuously enhance Customer
Satisfaction, Quality, Productivity, Profitability and Marketability of
their products
FUNTIONS AND DUTIES
Project Management
The technological services extended by RDCIS to SAIL plants and units
are mainly in the mode of R&D projects. The spectrum of R&D projects
pursued by RDCIS, both at plants/ units as well as in-house, are
categorized as follows: Plant Performance Improvement, Product
Development, Basic Research, Scientific Investigation & Development,
Technical Service. The projects so identified, have well defined objectives,
approaches and activities to accomplish the goal. Projects are identified
after joint discussion between plant and RDCIS personnel to provide
solutions to identified problems. Work is carried out after project is
99
approved by the competent authority in the SAIL plant as well as RDCIS.
Monitoring and review of the projects is done at different levels and mid
course corrections, if any, are also suggested. At the end of the project,
the outcome of the work is well documented after concurrence from the
customer who is also partner in the innovation. The implementation of the
innovations is also pursued.
Human Resource:
RDCIS is a knowledge-based organization and therefore, human resource
is its prime resource. Development of adequate and appropriate human
resource is a constant endeavor in the organization. The selection of
personnel aims at achieving a right mix in terms of expertise,
specialization and experience.
Laboratory facilities
Since RDCIS provides solutions in all aspects of iron and steel
technology, the Centre has developed a full fledged laboratory with state-
of-art equipment starting from raw material characterization to finished
product evaluation. RDCIS is equipped with advanced diagnostic
equipment and pilot facilities to carry out the research activities. The
Centre strives to constantly modernize its facilities and infrastructure that
will provide a cutting edge to its research capabilities.
Technology Dessimation
100
RDCIS organizes Technology Awareness Programmes to enhance the
knowledge base of SAIL engineers and technologists, especially those
working on the shop floor, by sharing technological experience to
enhance, analyze and solve technological problems. These programmes
cover a wide range of topics dealing with different technology areas in the
steel plants.
Product Development
One of the prime focus area at RDCIS involves development of new
products with special quality attributes. These products are developed
through Lab. Scale studies & Simulation work followed by plant scale trials
at various units of SAIL using existing facilities. Subsequently those
products are promoted and commercialized through product application
and marketing efforts. The thrust on product development enables the
Company to achieve greater market penetration and share.
Technology Marketing
RDCIS offers technological services to various organizations in the form of
Know-how transfer of technologies developed by RDCIS, consultancy
services / contract research specialized testing services and training. This
helps to establish credibility of the Centre as a knowledge centre besides
generating revenue through external earnings.
Intellectual Capital
In the current competitive market scenario, it has become important to
101
protect the innovations resulting from R&D pursuits. This is being
accomplished at RDCIS by filing patents and copyrights under Patent Act
and Copyrights Act respectively. Enlargement of intellectual capital base
is constantly encouraged in the Centre.
Corporate Social Responsibility
SAIL has been a pioneer in the area of Corporate Social Responsibility
( CSR ) substantially contributing towards betterment of society around
the periphery of steel plants / units. The credo of SAIL specially highlights
the commitment towards society at large. A lot work has been done by
RDCIS unit of SAIL at Ranchi to improve the quality of life in and around
RDCIS. RDCIS, considers it important to extend help to economically
backward group/physically handicapped and mentally retarded persons
and has taken various measures in the field of environment conservation,
health and Medicare, education women and youth empowerment,
providing potable drinking water, installation of solar light systems in
peripheral areas, organizing and providing training to youth entrepreneurs,
students, etc. Various developmental programmes have been undertaken
by RDCIS in and around Ranchi in close co-ordination with the State
Government, District Administration as well as the local administration,
social organizations and people’s representative. Various activities have
been undertaken by RDCIS as a part of CSR programme in the following
areas :
1. Medical and health care
2. Drinking water facilities
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3. Educational facilities
4. Women and Youth empowerment (income generating scheme)
5. Other developmental work
2) The powers and Duties of officers and employees.
DEFINITIONS:
RDCIS : Research & Development Centre for Iron and Steel
SAIL : Steel Authority of India Limited
I/c : In Charge
HRD : Human Resource Development
OD : Organisational Development
2.0 DETAILS OF THE DOCUMENT
2.1 In terms of the power delegated to it under the article of association of
the Company, the Board of Directors has delegated certain power to the
Chairman of the Company for the management of the Company. The
Chairman has further sub-delegated some of his powers to Director
Technical & Executive Director I/c of RDCIS for the management of SAIL,
RDCIS, Ranchi. The same are revised/ modified from time to time
depending upon exigencies of work. The Executive Director I/c RDCIS
has further sub-delegated some of his power to other Executives of
RDCIS for smooth functions of the Centre. Being confidential in nature,
the delegation of power to the Director (Technical)/ Executive Director I/c,
RDCIS and also the financial power of the executives are not being
disclosed. General Power delegated to various executives for smooth
administration are available in the relevant documents of the Centre.
103
2.2 Technological functions of RDCIS are divided into 6 Areas : “Coal
& Energy”, “Iron & Sinter”, “Steel”, “Rolling Technology”, “Product”
and “Refractory’s and Automation & Engineering”.
The Technical Areas carry out the following activities
Pursuing Technical projects at Steel Plant : Formulation, Review &
Monitoring, Procurement actions, Trial & experiments, Data Analysis
and Completion report
Pursuing Basic research projects at RDCIS ; Formulation, Review,
Experiments, Data Analysis and Completion report
Proper maintenance of equipment : Calibration, Preventive
maintenance
Handling customer complaints & services to customers as when
necessary RDCIS has “Plants Centre’s” in all the SAIL Steel Plants,
which provide technological support in its primary activities. It carries
out the following primary activities
Liaisoning with the plant on behalf of the Centre for all project
related activities
Services to customers as and when necessary
There are other support departments in RDCIS : “Personnel &
Administration (P&A)”, “Finance & Accounts (F&A)”, “Materials
Management (MM)”, “Contract Cell” and “Communications”.
104
2.3 Personnel & Administration carries out the following primary
activities :
Ensuring effective manpower planning and control
Promoting productive work environment
Implementing effective HRD/OD initiatives
Promoting welfare and sports activities
Ensuring effective security environment in office campus and
Township
Overseeing Township/Estate related activities
Providing legal services to all SAIL units at Ranchi
Promoting implementation of Rajbhasha
Reviewing and monitoring disciplinary cases
2.4 Materials Management carries out the following primary activities
:
Procurement of Project inputs from India & abroad for various
projects executed by RDCIS, as per required time schedule
Procurement of office equipment & consumables.
Procurement of equipment and consumables required by various
laboratories.
Finalisation of contracts for various services required by RDCIS.
Ensuring that the procurement is done in compliance with
procedures as laid down by the Company from time to time.
Organising inspection, handling, storage and preservation of
materials pending use.
105
Maintenance of various records.
Furnishing information to management as per requirement.
Identification of training needs of employees in MM Divn.
Evaluating effectiveness of training taken by employees of MM Divn.
Handling, storage and preservation of materials pending use
2.5 Finance and Accounts Deptt. carries out the following activities :
General
Constant review of the financial needs of the unit and effective
usage of resources..
Budgeting
Finalizing Capital and Revenue Budgets in consultation with
Groups/ Deptts. /Corporate Office
Budgetary review on a periodic basis in respect of the projects/
expenses/ incomes heads of accounts. Highlighting the variances
from budget and suggesting remedial measures.
Control of costs
Finalization of specific cost reduction plans and targets for the unit in
association with the Groups / Departments and ensuring fulfillment
of the plans through monitoring at an overall level.
• Constant critical review of different cost elements (projects,
106
manpower, materials, consultancy services etc.) in consultation with
concerned Groups / Departments in order to suggest and implement
corrective actions well in time
Funds Requirement
Fund requirement from Corporate Office and clearance of fund
allocated for capital and revenue, based on needs and efficiency of
usage.
• Ensuring effective usage of funds allocated and introducing
throughout the organization proper discipline in use of funds
Financial Accounting, Taxation and Audit
Timely closing of the accounts of the Unit as well as consolidated
accounts of the Ranchi units accounts. Dealing with all matters
relating to statutory audit, commercial audit and timely submission to
Corporate Office for consolidation of SAIL accounts for the approval
of the Board and shareholders in accordance with the provisions of
Law.
Developing and overseeing a system which would suggest ways
and means to improve the working of the unit and ensure optimum
utilization of all resources
Tax matters relating to submission of Audited Tax audit report of the
Ranchi units to Corporate office taxations department for timely
submission of company's tax return and tax compliance of the unit
including Income Tax, Service tax, excise duty, customs duty, sales
tax, cess, royalty etc.
107
Adhering to all statutory financial obligations of the unit.
Others
Professional development of personnel in the Finance function.
Providing assistance to Departments like Technology Marketing/
Project & Coordination/ Purchase in deciding on policies involving
financial transactions
Assistance in the matters connected with writing-off and sale of
assets as per policy and delegation of powers.
Financial concurrences for the items of RDCIS expenditure and
marketing of RDCIS services.
Administration of Exempted PF Trust for Ranchi Units as per Act &
Rules;
Authorization of expenditure against receipt of material / services.
2.6 Contract Cell carries out the following primary activities :
Registration of indents
Decision for mode of tendering
Processing of the job contracts
Issue of enquiry for job contract
Constitution of Tender Committee
Placement of the order
3) Procedure followed in the decision making process including
channels of supervision and accountability.
108
DEFINITIONS:
RDCIS : Research & Development Centre for Iron and Steel
ED(W) : Executive Director (Works)
GM(W) : General Manager (Works)
HODs : Head of Divisions
The procedure followed in the decision making process including channels
of supervision and accountability.
The decision making process for project formulation, selection and
approval at RDCIS is governed by the concerned procedure. The project
proposals are prepared by Spokes Person of the taskforce (responsible
for pursuing the projects), in consultation with customer plant. The
proposals are prioritized and finally recommended by the concerned
Project Approval Committee (PAC) after detailed deliberations following
the presentation on the project.
Finally they are approved by the Chief Executive.
During the execution phase, besides the regular monitoring & review by
the concerned HOD’s , the projects are also reviewed in:
1. “Quarterly Review of Performance (QRP)” held at Ranchi by a
review committee
2. The plant review meeting taken by the ED (W)/ GM (W) of
respective customer plant.
The salient points of all projects are also reviewed periodically by the
109
Chief Executive.
4) Norms set by SAIL for discharge of its functions
Main function of the RDCIS is to carryout research projects in the area of
Iron & Steel industry. Efforts in the technical area are supplemented by
supporting departments like Personnel, Finance & Material Management.
For the discharge of various functions, the norms set by following
documents are followed:
1. For Technical Matters : Guidelines/Procedure described in Quality
and Procedure Manuals.
2. For Personnel Matters : Personnel Manual issued by SAIL
Corporate Office, Standing Orders of RDCIS, Procedure described
in Procedure Manual.
3. For Materials Management: Guidelines described in Purchase and
Contract Procedure 2009.
For Financial Matters : Guidelines given in Accounts Manuals.
5) The rules, regulations, instructions, manuals and records, held
by RDCIS or under its control or used by its employees for
discharging its functions
The rules, regulations, instructions, manuals and records held by RDCIS
for discharging its functions are available in the following documents:
110
Personnel Manual
Procedure Manual
Quality Manual
Accounts Manual
Standard Bidding Documents
Purchase and Contract Procedure 2009
Annual Report
Extended Abstract of Projects.
Guidelines/ Amendments issued from time to time
6) A statement of categories of documents that are held by RDCIS
or under its control
Following categories of documents are maintained for smooth functioning
of organization:
1. Technical Records : Project completion Reports
2. Personnel Records : Employees related records
3. Materials Management Records : Procurement related records
4. Financial Records : Records of financial transactions and
disbursements
The records of categories 2, 3 and 4 are confidential in nature.
7) The particulars of any arrangement that exists for consultation
by the members of the public in relation to the formulation of
its policy or implementation thereof
111
Any such mechanism does not exist at RDCIS.
8) A statement of the boards, councils, committees and other
bodies consisting of two or more persons constituted as its
part or for the purpose of its advice, and as to whether
meetings of those boards, councils, committees and other
bodies are open to the public, or the minutes of such meetings
are accessible for public.
Internal bipartite committees have been constituted with representatives
from "Union of Non-executive employees" & "Association of Steel
Executives".
Frequent meetings of such internal bipartite committees are being held.
However, the meetings as well as minutes are not open for public.
9) A directory of officers and employees of RDCIS.
The complete list of officers and employees of the Centre is available in
Personnel and Administration Department of the Centre.
10) The Monthly remuneration received by each of RDCIS
Officers and Employees, including the system of Compensation
as provided in its regulations.
The monthly remuneration received by each of its officers and employees,
including the system of compensation as provided in its regulations are as
under:
All employees are covered under Grade S1 – S11 and E0 – E9 as
112
prescribed below:
Non-Executives Executives
Grade Pay Scale Grade Pay Scale
S-18630-3%-
12080E-0 12600-3%-32500
S-28890-3%-
12650E-1 20600-3%-46500
S-39160-3%-
13150E-2 24900-3%-50500
S-49440-3%-
13930E-3 32900-3%-58000
S-59730-3%-
15020E-4 36600-3%-62000
S-610120-3%-
16400E-5 43200-3%-66000
S-710530-3%-
17030E-6* --
S-810960-3%-
17680E-7* --
S-911400-3%-
19350E-8 51300-3%-73000
S-1011860-3%-
22920E-9 62000-3%-80000
S-1112460-3%-
23970
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* Revised pay scales for E-6 and E-7 grade shall be notified later after
obtaining necessary clearance from Administrative Ministry and DPE.
Remuneration and Compensation are as per company's guideline.
Monthly statement of remuneration and compensation of each employee
are available with Finance Deptt. of RDCIS
11) The budget allocated to each of its agency, indicating the
particulars of all plans, proposals and reports on disbursements
made
Capital Budget of RDCIS for 2010-11 is Rs.20.00 Crores.
Expenditure incurred upto 30.06.2010 is Rs. 2.67 Crores.
12)The manner of execution of subsidy programmes including the
amounts allocated and the details of beneficiaries of such
programmes.
Not applicable for RDCIS.
13) Particulars of recipients of concessions, permits or authorization
granted by RDCIS
System does not exist at RDCIS for providing concessions and permits.
Patent Attorneys are authorized to file patent/copy rights on behalf of
RDCIS
14) Details in respect of the information available to or held by it,
114
reduced in an electronic form.
Company's information is available in Website – www.sail.co.in
15) The particulars of facilities available to citizens for obtaining
information, including the working hours of a library or reading
room, if maintained for public use.
Such facilities are not available for public at RDCIS.
16) The names, designations and other particulars of the Public
Information Officers.
DEFINITIONS:
o RDCIS : Research & Development Centre for Iron and Steel
o SAIL : Steel Authority of India Limited
o PIO : Public Information Officer
o APIO : Assistant Public Information Officer
o AA : Appellate Authority
o P&A : Personnel & Administration
The names, designations and other particulars of the PIO / APIO and AA
are as under: APIO : Asstt Public Information Officer
Public Information Officer:
SHRI K.R.THAKUR
SENIOR MANAGER (LAW) & PIO
SAIL, RDCIS; ISPAT BHAWAN
115
P.O.DORANDA, RANCHI- 834002
Phone No. 0651 - 2411082
FAX: 0651- 2411131
EMAIL ID: aclo@sail-rdcis.com
Assistant Public Information Officer:
SHRI R. C. JAIN
ASSISTANT MANAGER (LAW) & APIO
SAIL, RDCIS; ISPAT BHAWAN
P.O.DORANDA, RANCHI- 834002
Phone No. 0651 - 2411082
FAX: 0651- 2411131
EMAIL ID: aclo@sail-rdcis.com
Appellatte Authority :
SHRI A. S. MATHUR
GENERAL MANAGER(P&A) & AA
SAIL, RDCIS; ISPAT BHAWAN
P.O.DORANDA, RANCHI- 834002
Phone No. 0651 - 2411106
FAX: 0651-2411131/2411091
EMAIL ID: madhurym@sail-rdcis.com
17) Such other information as may be prescribed and thereafter
update these publications every year.
As and when required.
116
ANNEXURE-3
CASE STUDY
CENTRAL INFORMATION COMMISSION
Appeal No. 10/1/2005-CIC
Right to Information ACT – Sections 18 /19
Name of Complainant: Er. Sarbajit Roy
Name of Public Authority: Delhi Development Authority Facts
1. Mr.Sarbajit Roy an engineer and resident of Dwarka in New Delhi filed
a complaint against the Delhi Development Authority (“DDA”), under Sec
18 read with Sec 19 of the Right to Information ACT 2005. The
Complainant contended that he had numerous grievances concerning the
implementation of the Act at DDA where access to information was being
denied to him and others, thereby causing him to approach the
Commission in the public interest, and had prayed inter-alia on various
grounds that the information sought by him, including information
concerning ongoing modification of the Master Plan of Delhi till the year
2021 (“MPD-2021”), be provided to him. He also sought directions to DDA
to fulfill its mandatory obligations under the Act including proactive
disclosures.
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2. Relief sought by the appellant can be summarized as follows:
i. Providing information sought
ii. DDA to deposit records with the Commission
iii. Appoint a single PIO
iv. Redesign application form
v. A copy of 17 manuals be provided
vi. Payment of compensation
3. The DDA in its comments dated 21.11.2005 contested the allegations,
stating that the DDA has been making concerted efforts to implement 2
the Act and had made necessary proactive disclosure. The complaint was
described as baseless and malafide.
4. This Commission held its first hearing on 23.12.2005 with parties
present. The complainant stated that the DDA by denying him the
information he sought concerning the ongoing process for the MPD-2021
was obstructing him from properly speaking before the DDA constituted
Board Of Enquiry and Hearing which was examining the representations
received on the draft MPD-2021. He alleged that norms for MPD-2021
modification such as DDA’s Act and Rules were not published by the DDA
or available on the DDA website as was mandatory, and that Rule 9 of the
DD Master Plan Rules permitted any person to speak before the said
Board on representations of other persons also, which the DDA was not
facilitating.
3. After hearing the submissions of the DDA made by the Vice Chairman,
DDA Shri Dinesh Rai and Principal Commissioner cum Secretary, DDA
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Shri V. M. Bansal, the Commission desired that detailed comments on the
complaint and also the documents concerning the procedural
requirements of MPD-2021’s modification be filed by DDA within 15 days.
The DDA was of the view that sharing of any information demanded by
the complainant at that stage would affect the Plan preparation and it was
also apprehended that the information if provided could be misused and
hence the complainant’s request for information in the desired form was
rejected on 21.11.2005 under section 7(9) of the ACT as it would
disproportionately divert the resources of their office.
4. In the meantime the complainant filed a letter that he wished to submit
a rejoinder to all pleadings of DDA in writing and that he may be permitted
the assistance of RTI experts in future proceedings and hearings, if any.
Another hearing was fixed for February 8, 2006 and copies of the
documents and annexure filed by the DDA were provided to the
Complainant. 3
5. On February 8, 2006 the parties appeared before the Commission. The
complainant was present and assisted by Shri.Venkatesh Nayak of the
Commonwealth Human Rights Initiative and Ms. Gita Dewan Verma from
the Master Plan Implementation Support Group. The DDA was
represented by their CPIOs Ms.Neemo Dhar (Director PR), Shri
P.V.Mahashabdey (Director MPPR), Ms.Aparna Reghuraman (RTI in
charge, DDA) and Shri Ashok Kumar (Addl. Commissioner Planning,
DDA).
6. The complainant stated that since there were numerous grounds in his
complaint he would rely upon his detailed written submissions, including
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his rejoinder to DDA’s pleadings. He had stated that he did not serve a
copy of his rejoinder on the DDA since at the previous hearing the DDA
did not serve their documents on him and he had to obtain these on
application through the Commission. The Commission observed that
once a matter was taken cognizance of by the Commission, copies
of subsequent pleadings must be duly served on the opposite
parties before or along with its being filed in the Registry to
encourage a suitable and timely response.
7. The complainant stated that the DDA had appointed about 40 CPIOs
who were assigned subject wise “jurisdictions”. Although the complainant
commends the Authority for making these appointments in light of the
number of public applications expected, assigning them jurisdictions was
not in accordance with the Act. This also forced them to file multiple
requests or pay excessive fees if the information sought spans the PIO’s
“jurisdictions”. This is not denied by DDA.
8. Sub-section 5(1) of the Act requires every public authority to appoint as
many Public Information Officers as may be necessary to provide
information to persons requesting information under this Act. The public
authority is also required by sub -section 5(2) of the Act to designate an
officer at each sub-divisional level or other sub-district level as an
Assistant Public Information Officer to receive the applications for 4
information or appeals under this Act for forwarding the same forthwith to
the Public Information Officer. Sub-section 5(3) of the ACT empowers the
Public Information Officers to deal with requests from persons seeking
information and render reasonable assistance to the persons seeking
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such information. Sub-sections 2(c) and 2(m) of the Act define the Public
Information Officers to be those designated as such under sub-section
5(1) and include also the Assistant Public Information Officers designated
as such under sub-section 5(2). Thus it implies that the PIOs as well as
the APIOs are empowered to receive requests from persons and to deal
with such requests and also to render reasonable assistance.
9. However, it is only a PIO who is required to provide information to the
persons requesting for information under the Act When a request is
received by an APIO he is required only to forward the same forthwith to a
PIO of the public authority. A division of responsibilities amongst PIOs
is not proscribed for a public authority to ease faster access and
dissemination of information. Thus the law is clear that a request for
information may be received at every office or administrative unit or every
sub level also. It is not required that only a PIO appointed u/s 5(1) may
accept requests for information pertaining to his administrative unit or
“jurisdiction” since this would impede access to information.
10. In the present case we find that although DDA has Counselors,
available at a front counter, DDA has not designated any APIOs at all as
required by section 5(2) of the ACT. DDA may like to appoint APIOs to
receive all applications a nd have these examined and replied to by the
concerned PIO, or direct all CPIOs to receive RTI application irrespective
of
administrative unit. It appears that the function of the DDA is such that all
reporting / decisions of the Authority are made throug h the Vice
Chairman, DDA, to whom all PIOs report in the decision making process.
In such circumstances an applicant can justifiably complain that no office
121
of DDA was able to provide him precise information 5 concerning his letter
addressed to Vice Chairman, DDA concerning the reported threat to life
being caused by polluting industrial units still operating in Dwarka a
residential development area of DDA. Both parties appear to rely upon
directions of the Judgment of the Supreme Court on May 7, 2004 in
WP(C) 4677/1985 in M. C. Mehta’s matter, (a copy of which was produced
for our perusal). DDA submitted that the particular query actually
concerned the Govt. of Delhi, which the Complainant contested saying
that Dwarka was exclusively under the DDA with the Vice Chairman, DDA
being a member of the Apex Court’s appointed monitoring committee to
enforce the said Judgment. Also, the DDA’s CPIO had not forwarded his
query to the Delhi Govt. as would have been required had the application
concerned another public authority (Sec 6(3). Although we cannot accept
that this is a case where life and liberty were threatened, the matter
decidedly concerned the health of persons in DDA’s residential
development area. We would therefore enjoin upon Vice Chairman
DDA to respond to such matters as expeditiously as possible if not
within 48 hours as mandated if it involved a case of life and liberty.
In this complaint the complainant was aggrieved that the PIO of DDA to
whom he had addressed his information request had transferred his
request to another PIO of DDA in accordance to “jurisdiction” assigned.
The DDA in response had stated that this was done as per the section
6(3) of the Act, which read as follows: -
“Where an application is made to a public authority requesting for
information—
(i) which is held by another public authority; or
122
(ii) the subject matter of which is more closely connected with the
functions of another public authority, 6 the public authority, to which such
application is made, shall transfer the application or such part of it as may
be appropriate to that other public authority and inform the applicant
immediately about such transfer: Provided that the transfer of an
application pursuant to this sub-section shall be made as soon as
practicable but in no case later than five days from the date of receipt of
the application.”
11. The DDA argued that disclosing the information sought by
Complainant would interfere with the Delhi Master Plan process and liable
to be misused. However, the DDA’s original written statement in reply of
21.11.2005 says repeatedly “The complainant was never denied
information. ... The complainant had requested for information concerning
the Board of Inquiry constituted for evaluating the objections received
towards draft Master Plan - 2021. He had desired that the basis of
constitution of an inquiry and proceedings of the Board should be made
available to him. He was informed that records of MPD-2021 are available
with the Master Plan Department for which Shri Mahashabdey is the PIO
and not Mrs. Neemo Dhar...” There was no mention at all in this reply filed
with the Commission from Ms. Meena Pahwa (Dy. Director PG/DDA)
dated 21.11.2005 that information had been denied to Complainant. We
note that there was a positive inference therein that the information had
actually been provided or was
liable to be provided. In DDA’s subsequent written statement in further
reply of 12.01.2006 from Mr.Mahashabdey at Para 1.7 he stated as
follows “It may be observed that the process of Plan preparation /
123
modification is being followed as per the procedure laid down in the Act /
Rules in this regard. Sharing of any information in the form of studies,
reports, objections / suggestions received from various individuals,
departments etc., details and summaries of these and minutes of the
Board’s meetings etc. demanded by the complainant at this stage, will
hamper and affect the Plan preparation. It is also apprehended that the
information may be misused. Therefore, the request for providing the
information in the desired 7 format by the complainant was rejected vide
this office letter dated No.Dir MPD-2021/DDA/05/F585/4 dated 21.11.2005
under the provisions of sub-section-9 of Section 7 of the RTI ACT 2005 on
the grounds of diverting the resources of this office disproportionately. ”.
This stand was again reiterated by both Ms.Neemo Dhar and also
Mr.Mahashabdey at the second hearing on 08.02.2006 where they had
both stated that the Board of Inquiry’s ongoing proceedings would be
affected, as would also the Master Plan, if the information sought as
detailed above was disclosed, and also that the Board’s proceedings were
confidential.
12. On the other hand the complainant stated that the information was
required so as to allow him to effectively participate in the Master Plan
formulation process as is provided for in the DDA Act /Rules in this regard.
According to him, DDA did not possess any authentic copy of its own DDA
Act or the applicable Rules and had neither published the same nor put
the same on their website as mandated under section 4(1)(b) of the ACT.
He submitted that the information he had sought would help DDA in
formulation of the Master Plan as he had submitted over 1,000 serious
and specific objections to draft Master Plan which he felt were being
124
overlooked as he was never served any notice as prescribed intimating
the time, date and place for his personal hearing before the said Board
thereby compelling him to request the same via RTI process. Mr. Roy has
leveled various allegations against DDA but these are not of concern to
this Commission whose mandate is confined to ensuring only that
information sought is given if in accordance with the Act. In this
connection he had requested that he may be provided authenticated
copies of original documents and records which were available with the
DDA and
not documents from secondary sources which may have been cobbled
together, even forged. In his written rejoinder of 06.02.2006 he alleged
that the DDA had suppressed or destroyed numerous public
representations on the draft Master Plan received by DDA. Mr.Venkatesh
Nayak of CHRI clarified on behalf of the Complainant that sub-section 7(9)
of the ACT could not be used as a ground to deny information to the
applicants and if for any reason the information could not 8 be provided in
the material form requested, then some other acceptable means of
providing the material records must be ensured. Mr. Nayak felt that there
was no correlation between the alleged misuse potential of the information
sought and the sub-section 7(9) relied upon by DDA, and the excuse of
“potential misuse” was not sufficient to deny the information sought by the
Complainant.
13. After considering these submissions we find as follows: -
That the Commission has already accepted a complaint from Ms Madhu
Bhaduri on a complaint of December 16, 2005, on the question of design
of an application form by DDA ruling as follows:
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"The DDA was in violation of Sec 6 (2) of the Act in asking for reasons for
making
the application."
DDA stands directed to modify the form That in the instant matter there
are clear indications in law that the specific information sought by Mr. Roy
concerning MPD-2021 may be disclosed to citizens desirous of obtaining
such information. Not sufficient reasons were advanced to satisfy the
Commission that the information was exempted from disclosure under any
of the provisions of Sec 8 of the Act, including provisions relating to
invasion of privacy or third party interest that could invoke Sec 11.
Therefore the information requested by the applicant connected with a
public activity viz. the formulation of Master Plan by DDA and not
exempted u/s 8 of the ACT cannot be denied. Hence we hold that in the
instant matter the information must be provided to the applicant.
DECISION:
1. The DDA is a single public authority. Since this is a matter concerning
adjustments within the same public authority Sec 6 (3) cannot apply.
Accordingly the CPIO Ms. Neemo Dhar, who had received the request
from the complainant, was, as per section 7(1) of the ACT, under
obligation to seek information from her colleague and provide it to the
complainant. Her colleague who was to provide the information as per
Section 5(5) of the RTI ACT, would become deemed CPIO and expected
to provide Ms. Dhar the information sought by the Complainant.
2. The CPIO of DDA Ms.Neemo Dhar is directed to provide the
information sought by the Applicant within 15 days. The information shall
126
be provided to the applicant in the particular form requested to the extent
it is available within DDA in such form. Where the information is not
available in the particular form requested, the applicant may be allowed if
he desires to
inspect the original records at DDA and information specifically asked for
provided in the form of printo uts / copies of original documents or records
etc. of DDA duly certified. However, any information requested having
being supplied to DDA by a third party, which has been treated as
confidential by that third party, shall be dealt with as per Sec 11 of the
ACT. Sec 7(9) of the Act does not authorize a public authority to deny
information. It simply allows the authority to provide the information in a
form easy to access. We agree that providing the information on all
responses to the public notice of the Board of Enquiry and Hearings, even
if they number only 7000 as claimed by the DDA and more than 10,000
according to the complainant, in the form of certified copies will attract the
provisions of Sec 7 (9) as averred by DDA. But this provision does not
exempt disclosure of information, only adjustment of the form in which it is
provided. And given our findings as per Para 12 above that there was a
positive inference that the information had actually been provided or was
liable to be provided, we cannot agree with the afterthought that this would
impede the preparation of the Master Plan, which in any case does not fall
within the exemptions of Sec 8 of the Act. Providing the complainant an
opportunity to examine the responses giving him certified copies of those
identified by him, will meet the provisions of the Act.
3. The Principal Commissioner cum Secretary, DDA is directed to ensure
that acceptance of all applications irrespective of any administrative unit
127
for which PIOs are responsible in routine, is brought into accordance with
the 10 requirements of Sec 5 of the Act. The Counselor system is a good
innovation, but cannot be used to as a substitute for the APIO. He is also
directed to provide the Commission a compliance report for the
Commission’s record, with respect to Section 4 of the Act. The Acts and
Rules relevant to the functioning of the public authority may be published
on the website as expeditiously as possible and in any case within 30
days.
4. Since the DDA has failed to provide the information requested to the
applicant within the time limit prescribed under Sec7, the information
sought shall be provided free of charge to the applicant Mr. Roy as per
Sec 7(6). However we are not convinced of malafide intent and provision
of incorrect, incomplete or misleading information by the PIO. Hence no
penalty is imposed, but it is expected that this will be taken as a warning
to expedite provision of information to all future applicants for information
to DDA Let a copy of this order be sent free of cost to the parties.
Sd/-
(Padma Balasubramanian)
Information Commissioner
Sd/-
(Wajahat Habibullah)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against
application and payment of the charges prescribed under the Act to the
CPIO of
128
this Commission:
:
Sd/-
(P. K. Gera)
Registrar
Dated: 25/2/’06
ANNEURE 2
In this case 8 (1) (j),
It is exempted information 8. 1 a to j,
Appellant- Sri. J. Shahabuddin
Name of the public authority- CPIO, Director of postal services, Kerela
circle
Case no. 22/ICPP/2006
Dated : 18th May 2006.
The fact of the case before the CIC in short was that the appellant
appeared for the departmental examination in 2005 for recruitment to the
cadre of post man. The appellant was not successful and he found that
he had failed in paper B. on 15/11/05 he filed an application under section
6 of the RTI Act requesting for for a copy of the evaluated answer sheet of
paper B. His application was rejected by the CPIO by a decision dated
26/12/05 on the ground that no public interest was involved in the case.
However the appellant was advised to seek for re-totaling and verification
of the fact that all answers written were duly assessed.
129
Against the decision of the CPIO, the appellant file an appeal on 04/01/06
before the member (personnel) department of post New Delhi forwarded
the said appeal to the Chief Post Master General , Kerela circle, being the
degenerated appellate authority by a decision dated 21/02/06 confirm the
decision of the CPIO that has rejection of the application of the appellant
was covered by the provision of the sections 8 (1) (j) of the RTI Act.
Being disagreed and dissatisfied by the decision of the appellate authority
the appellate filed his appeal before the CIC , contending inter alea that
the CPIO and the appellate authority has wrongly applied under Section
(1)(j) to reject his application. It was further contended that denial of
request of the appellant raises the genuine doubt that they have some
thing to hide. The appellate prayed for a direction by the CIC to the CPIO
to furnish the information sought and also imposed a penaly upon the
CPIO and award a compensation of rs 5000 to the appellant.
The appellate authority that is CIC held that in the similar circumstances
CIC has already decided the matter , the 1st been in an appeal from the
some postal service and that to in a relation to a departmental
examination.
Vide appeal no.-ICPB/A-2/CIC/2006 dated 06.02.2006
In this appeal the appellate authority held that when answers papers that
were evaluated and the examiner evaluating the answers paper stand in a
fiduciary relation ship with each other. Such a relationship warrants a
130
maintaining confidentiality by both of the manner and method of
evaluation
The CIC found that in case of evaluated answer paper the information
available with the , is in his fiduciary relationship, the disclosure of
which is exempt under section 8(1)(e). in addition when a candidate seeks
for a copy of evaluated answers paper , either his or her on or others it
purely a personal relationship the disclosure of which has no relationship
to any to ant public authority , public activity or interest and that has been
covered under section 8(1)(j) under RTI Act.
In view of the earlier decision in the aforesaid appeal ICPB/A-2/CIc/2006
Dated 06.02.2006
The CIC held in the present appeal the CPIO was suggestified in rejecting
the request of the appilant for a copy of evaluated answer paper. The CIC
were of the opion that furnishing the copies of evaluated answer paper
would be against public interest. In the absence of any material the CIC
upheld the decision taken by the appellate authority and dismissed the
appeal on 18th May 2006.
Appeal NO. 18/Ic(A) dated 28 march 2006 name of the appellant Tapas
Dutta
Name of the public authority- Indian Oil Corporation ltd.the facts of d case
in brief is that d applicant is an employee of ioc applied fr ds following info
under d rti act ;
1) Copies of original DPC minutes for the period 1992-2004 from
promotion to grade F to G
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2) The copies of the reviewed minutes conducted for employee no.
93622 from 1992 under the direction the Delhi high court
judgement in CWP 5 to 01 of 1997
3) Copies of complete annual performance appraisal reports of
employee no. 93622 from 1989- 2003
CPIO refuse to furnish the information on the ground that the
document that asked for are competential in nature and cannot
be shared. The appellate authority has also upheld the decision
of CPIO. It was observed by the CIC that the appellate has
challenged the process of selection for his promotion to a higher
grade and had also filed writ petition before the Delhi high court.
The IOC has acted in accordance with the direction of the Delhi
high court to provide the relevant document including the review
of the selection process to the appellant. The CIC in its decision
has held that the relevant portion of the document sought for has
been provided to the appellant as for the direction of court. The
assisgnment report by the superior officer are personal and
confidential information and therefore the same is exempted
under sec 8(1)(j) of the RTI Act.
In view of the decision of the appellate authotity was upheld and
the appeal of the appellant was dismissed.
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