No change in fee structure or word limit in RTI queries

Government committed to full and easy implementation of RTI

A factually incorrect and misleading news report appeared in a section of the media that a new set of RTI Rules have been formulated which creates difficulties and hurdles in the right of the citizens to get information from the Government. It has been alleged that the size of the RTI has been restricted to 500 words and a provision of fees has been unfairly introduced in the Rules.

The facts are totally to the contrary. On 31st July, 2012, the Central Government notified the RTI Rules under Section 27 of the Right to Information Act, 2005. A copy of existing rules is available on the official website of DOPT. The Rules provided that an RTI application will ordinarily be not more than 500 words (subject to exception) with a nominal fee being charged from each applicant. These Rules were framed and notified in 2012.

However, legality of the CIC (Management) regulations of 2007 was challenged before the Delhi High Court and these were quashed. The matter has been pending before the Supreme Court. The Government therefore decided, in consultation with the CIC, that a comprehensive set of rules be notified by consolidating the key provisions of CIC (Management) Regulations and also the Rules of 2012. Same has been put up in public domain for comments.

The key provisions of the RTI Rules, 2012 have been identically incorporated verbatim. No change has been made in the RTI fee structure. The Government is committed to ensuring a full and easy implementation of the Right to Information.

The factual position on the proposed Rules is as follows:

1. The existing RTI Rules 2012 notified on 31st July, 2012 specifically provide in section 3 that an application shall ordinarily not contain more than 500 words excluding annexure. It further provides that no application shall be rejected only on the grounds that it contains more than 500 words. There is no change proposed in these provisions in the new rules.
2. The provision with respect to charging rates is identical to that contained in existing RTI Rules 2012 which provides for charging rates as per price fixed for a publication or Rs.2 per page of photocopy for extracts from the publication. There is a further provision in rule 5 that no fee under rule 3 and rule 4 shall be charged from any person who is below poverty line. This provision has been retained as such in the new proposed rules. Therefore, there is no change in fee and the existing rules have been proposed to be continued.
3. There is no change in the postal charges for sending the information.
4. The proposed rules do not limit the filing of either complaint or appeal “online” only. Both rule 8 and rule 13 dealing with filing of appeals and complaints especially provide for filing offline as well as online.
5. The provision for withdrawal of appeal, which was earlier included in the Central Information Commission (Management) Regulations 2007 has been included in the new rules. Similarly, the provision for abatement of appeals/complaints on the death of the applicant/ complainant, which was earlier included in the Central Information Commission (Management) Regulations 2007, has also been included.
6. With regards to the provision of officials being allowed to file documents to counter claims of false information, it is clarified that at present, as per the procedure of CIC, once appeal is taken cognizance of, the CPIOs are given a notice to furnish their submission before the appeal is decided. This was also part of the Central Information Commission (Management) Regulations 2007 which are now being incorporated in the rules. Therefore, the existing standard operating procedure has been proposed to be incorporated in the rules.

As can be seen from above, the allegation that there is a move to dilute the provisions of RTI is unfounded. The proposed amendments to the rules are in public domain for comments by April 15, 2017 and will be finalised keeping in view the public feedback received in the matter. The comments can be sent both online and in hard copy to the Department.

PIB

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File No.106/7/2015-AVD.I(Part)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)

New Delhi, Dated 15th March, 2017

To

1. The Chief Secretaries of All the State Governments / Union Territories
2. All the Cadre Controlling Authorities (as per standard list).

Subject: Amendments to All India Service (Discipline & Appeals) Rules, 1969- Guidelines regarding adherence to timelines for Departmental Proceedings.

Dear Sir / Madam,

Reference is invited to this Department’s Notification dated 20.01.2017 vide which amendments were made to the All India Service (Discipline & Appeal) Rules, 1969 by providing specific time frames for different stages of the inquiry process.

2. The salient features of the amendments are:

i. Introduction of time frame in Rule 8(5) providing the Charged Officer (CO) a period of 30 days for submission of his representation on the chargesheet served on him. The period may be extended by another 30 days by the Disciplinary Authority (DA) for reasons to be recorded in writing. Under no circumstances, the extension shall exceed 90 days from the date of receipt of the Articles of Charge.

ii. Insertion of new Sub-rule 8(25) (a), (b) & (c) whereby the Inquiring Authority should conclude the inquiry and submit his report within six months from the date of appointment. Any further extension of time would be permissible, six months at a time with the approval of the DA or any authority authorised by the DA on his behalf for reasons to be recorded in writing by Inquiring Authority.

iii. Introduction of time frame of 15 days for submission of the representation by the charged officer on the advice of UPSC regarding quantum of penalty proposed. This period can be extended by 15 days by the DA for reasons to be recorded in writing. Under no circumstances, the extension shall exceed 45 days from the date of receipt of the Articles of Charge.

3. In view of the introduction of time frames as elaborated in paragraph 2, all the State Governments / Union Territories and Cadre Controlling Authorities are advised to adopt the following measures so that the time frames can be strictly adhered to and the inquiry process can be completed expeditiously.

i. All listed documents on the basis of which the proposed disciplinary proceeding is to be initiated must be in the custody of the DA.

ii. In case disciplinary proceedings are initiated simultaneously with criminal proceedings on the same set of charges, a copy of all the documents and files should be kept in the custody of the DA prior to handing over the records, in case the said records are to be submitted in a court of law. In this regard, CVC OM No. 3(v)/99/7 dated 6 th September, 1999 may be referred to.

iii. Care may be taken to ensure that all listed documents are provided to the charged officer along with the chargesheet to enable him to submit his representation within the stipulated time.

iv. The date of serving notice on the CO seeking his representation should be duly noted and acknowledgement of the same should be retained in records as well as communicated to the Central Government in case departmental proceedings are initiated by the Central Government as well as in the departmental proceedings forwarded to the Central Government for imposition of major penalties under rule 6.

v. The chargesheet / advice of UPSC served on the CO may clearly indicate that in the absence
of a Statement of Defence or comments on the advice from the CO within the stipulated time frame as mentioned in Rule 8(5) and Rule 9(5) or a request from CO for extension of time, it would be assumed that the CO has no views to offer.

vi. During the course of inquiry, where the CO seeks additional documents, the JO may decide on the relevance of the documents so sought expeditiously. The JO may be advised to procure the permitted additional documents from the custodian Department I Ministry and supply copies of documents to CO within one month. In case of delays at the level of the Department / Ministry, the same may be brought to the notice of the DA by the JO to resolve the issue

expeditiously and DA should issue a non-availability certificate with regard to the documents which are not available.

vii. The time taken during the inquiry process may be regularly monitored and a register of all pending inquiries may be maintained. The JO should be advised to complete the inquiry within six months. However, if he is unable to do so for any good and sufficient reasons, he should make a request for extension in terms of new sub-rule 8 (25) to the DA well within the stipulated time frame. Every such extension must be approved by the DA before expiry of the six months time period.

viii. As per Rule 7 of the AIS (D&A) Rules, 1969, the Competent Authority is the State Government itself to institute proceedings if the act of omission was while the CO was serving in connection with the affairs of a State Government. Hence, the DA for granting extension for submitting the representation by the CO on the chargesheet [Rule 5 (b)] as well as extension of the inquiry for a further period of six months at a time [Rule 8 (25) (a)] is the State Government in all such cases.

ix. As per Rule 8 (22) (a) where a State Government on completion of the inquiry is of the opinion that a major penalty under Rule 6 is to be imposed on the member of service, the records are forwarded to the Central Government for imposition of the major penalties under Rule 6. In such cases, the Competent Authority for granting extension to the CO for submitting his representation on the advice of UPSC will be the Central Government.

x. The DA may authorise any authority subordinate to him to grant extension of time period as elaborated in paragraph 2 above on his behalf.

xi. The CCA / State Governments should appoint a Nodal Officer of the rank of Under Secretary, Government of India / UTs with contact details (mobile / e-mail / fax) for effective coordination between the Central and the State Governments.

Yours faithfully,
(Kavitha P manabhan)
Deputy Secretary to the Government of India

DoPT Orders 2017

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All India Services (Conduct) Rules, 1968 Amended

The Government of India has amended All India Services (Conduct) Rules,1968, in rule 3(1) after sub-rule (1) by inserting sub-rule (1A) and rule 3(2) after sub-rule (2A) by inserting sub-rule (2B) and these rules are called the All India Services (Conduct) Amendment Rules, 2014.

Under sub-rule (1A), every member of the Service shall maintain:-

(i) High ethical standards, integrity and honesty;

(ii) Political neutrality;

(iii) Promoting of the principles of merit, fairness and impartiality in the discharge of duties;

(iv) Accountability and transparency;

(v) Responsiveness to the public, particularly to the weaker section;

(vi) Courtesy and good behaviour with the public.

Under sub-rule (2B), every member of the Service shall:-

(i) Commit himself to and uphold the supremacy of the Constitution and democratic values;

(ii) Defend and uphold the sovereignty and integrity of India, the security of State, public order, decency and morality;

(iii) Maintain integrity in public service;

(iv) Take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically;

(v) Declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;

(vi) Not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;

(vii) Not misuse his position as civil servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;

(viii) Make choices, take decisions and make recommendations on merit alone;

(ix) Act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society;

(x) Refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;

(xi) Maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;

(xii) Be liable to maintain confidentiality in the performance of his official duties as required by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gains to any person;

(xiii) Perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.

Source: PIB

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