Implementation of RTI Act

04 MAR 2020

The Central Government is fully committed to implement the Right to Information (RTI) Act in respect of public authorities under it. Each State Government is responsible for implementation of the Right to Information Act in respect of the public authorities in the State concerned.

In respect of the Central Information Commissions, the appointment process has been conducted duly as and when vacancies were required to be filled up and has not been at preliminary stage.

Also check: DoPT – Notification regarding RTI Rules 2019

The Hon’ble Supreme Court vide its Order dated 16.12.2019 in M.A. No. 1979 of 2019 in WP (C) No. 436 of 2018: Ms Anjali Bhardwaj & Others Vs. Union of India and Others pertaining to fill up the vacancies in Central Information Commissions, has inter-alia directed that the Government complete the process of appointment in 3 months.

The process has reached an advanced stage for appointment of the Chief Information Commissioner and one Information Commission in Central Information Commission.

This information was provided by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh in written reply to a question in Lok Sabha today.

MACP ON PROMOTIONAL HIERARCHY – MACP Supreme Court Order – Heard & Reserved – Order dated 23 Jan 2020

PIB

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Most of the central government department websites lack in suo-motu disclosure of public information under a mandatory provision of the Right to Information (RTI) Act, according to an official report released Tuesday.

It said the ultimate objective of transparency by them can be performed only by the government who control all supply side of information.

Transparency watchdog Central Information Commission (CIC) has undertaken an evaluation to ascertain the quality of suo-motu disclosures under Section 4 of the RTI Act made by various public authorities.

The evaluation was conducted by a committee comprising A N Tiwari, former Chief Information Commissioner, and M M Ansari, former Information Commissioner.

The committee evolved an evaluation format and requested all public authorities to fill it up.

Out of 2,092 public authorities registered with the commission, feedback was received from 838.

“It has been found that out of 838 public authorities, 158 public authorities got grade A, 157 public authorities got grade B, 118 public authorities got grade C, 133 public authorities got grade D and 272 public authorities got grade E,” the report said.

The departments getting 90-100 per cent score in the evaluation got grade A, those getting 80-89 per cent were put in grade B, 70-79 per cent in grade C, 60-69 in grade D and below 60 per cent in grade E.

“We have been at pains to point out in our report that while the audit of the websites of the public authorities is a necessary step in the direction of ushering in greater transparency in the functioning of the state instrumentalities, the ultimate objective still remains the embrace of transparency by them as central to governance,” the report said.

This task can be performed only by the government who control all supply side of information, it said.

“It is our hope that the initiative taken by the Central Information Commission to evaluate disclosure standards on websites of public authorities shall usher in the change which the RTI Act enjoins. We repeat that institutional transparency is the final frontier of the Right to Information movement,” the report said.

Mentioning its major findings, the CIC report said missing information largely relates to “policy on transfer and posting of senior officers deployed at important and sensitive places; details of domestic and foreign visits undertaken by the senior officials and sources and methods of funding political parties or identification of donors”, among others.

The report has been accepted by the Central Information Commission, subject to any observations that may now be received by the commission from the public authorities.

PTI

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The Unique Identification Authority of India (UIDAI) responding to a news report, appeared in certain section of media on “210 Government sites made Aadhaar info public” as if Aadhaar data is leaked or breached, has said that such report is a skewed presentation of the facts and poses as if the Aadhaar data is breached or leaked which is not the true presentation. UIDAI said in a statement here that the Aadhaar data is fully safe and secure and there has been no data leak or breach at UIDAI.

UIDAI said that this said data on these websites was placed in public domain as a measure of proactive disclosure under RTI Act by these government and institutional websites which included beneficiaries’ name, address, bank account, and other details including Aadhaar number and was collected from the third party/users for various welfare schemes. It was this collected info which had been displayed in the public domain under RTI Act. There was no breach or leakage of Aadhaar data from UIDAI database or server as has been aired by the said report.

UIDAI said that acting promptly on this, UIDAI and Ministry of Electronics & IT had directed the concerned Government departments/ministries to immediately remove it from their websites and ensure that such violation do not occur in future. Certain other measures were also taken at various levels to ensure that such incidents of display of Aadhaar numbers do not take place. Following UIDAI’s action such data were removed from these websites immediately. However, the news presented the facts in a skewed manner and misleads readers as if Aadhaar data has been leaked or breached at 210 websites posing Aadhaar security is vulnerable.

UIDAI reiterated that Aadhaar security systems are best of the international standards and Aadhaar data is fully secure. There has been no breach or leakage of Aadhaar data at UIDAI. Also, the Aadhaar numbers which were made public on the said websites do not pose any real threat to the people as biometric information is never shared and is fully secure with highest encryption at UIDAI and mere display of demographic information cannot be misused without biometrics.

UIDAI clarified that Aadhaar number is not a secret number. It is to be shared with authorized agencies when an Aadhaarholder wishes to avail a certain service or benefit of government welfare scheme/s or other services. But that does not mean that the proper use of Aadhaar number poses a security or financial threat. Also, mere availability of Aadhaar number will not be a security threat or will not lead to financial/other fraud, as for a successful authentication fingerprint or iris of individual is also required. Further all authentications happen in presence of personnel of respective service provider which further add to the security of the system.

Furthermore, UIDAI security system has people’s participatory security system like Biometric Lock facility available at UIDAI portal which any Aadhaarholder can use to put his/her own lock on one’s biometric by visiting UIDAI’s official website www.uidai.gov.in.

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No data is centrally maintained either by Government or Central Information Commission (CIC) in respect of cases wherein the information under RTI Act has not been provided to the applicants.

CIC adjudicates the second appeals and complaints received in the Commission. The Right to Information Act, 2005 provides for imposition of penalty by CIC against the Central Public Information Officer (CPIO), in pursuance of section 20 of the RTI Act. As per the information furnished by CIC, the amount of penalty imposed on such CPIOs for the last three years is as under:

Right to Information (RTI) Act 2005 mandates timely response to citizen’s request for information in order to promote transparency and accountability in the working of every public authority.

Review of the implementation of the provisions of RTI Act is an ongoing process. There have been constant efforts on part of the Government to streamline and strengthen the existing mechanisms for successful and effective implementation of the RTI Act.

Government has taken several steps to strengthen the regime of RTI Act, which inter-alia include the following:

i. RTI Online Portal (https://rtionline.gov.in) was launched in August, 2013 by D/o Personnel and Training. As on 17.03.2017, 1840 Central Public Authorities have been aligned to it making it convenient for citizens to file RTI requests and First Appeals through on-line.

ii. The Government has conducted training and capacity building programs for Public Information Officers and First Appellate Authorities through State Government Training Institutes for effective implementation of the RTI Act.

iii. Ministries/Departments and other Public Authorities are proactively working towards suo-motu disclosure and more information is put on their websites so as to reduce the need for filing RTI applications.

This was stated by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Raju Shetty in the Lok Sabha today.

PIB

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North Block, New Delhi
Dated the 06th February, 2017

To
The Pay & Accounts Officer
Pay & Accounts Office
Ministry of Personnel, PG & Pension
Department of Personnel & Training

Lok Nayak Bhavan,
Khan Market, New Delhi

Subject: Centrally Sponsored Scheme on Improving Transparency and Accountability in Government through Effective Implementation of RTI Act Release of funds to YASHADA, Pune.

Sir,
I am directed to convey the sanction of the President to make a total payment of Rs.3,62,050/-
(Rupees Three lakhs sixty two thousand fifty only) to Yashwantrao Chavan Academy of Development Administration, Pune towards Setting up of Help Line on RTI.
2. The details of sum, being released, alongwith the conditions attached thereto are furnished in the Annexure.
3. The expenditure of Rs.3,62,050/- will be met from the Major Head 2070 – Other Administrative Services, 41.01-Propagation of Right to Information Act, 41.01.31 – Grants-in-Aid under Demand No.64 for the year 2016-17.
4. The amount of Rs.3,62,050/- may be released electronically through RTGS as per the Bank details mentioned below. IDBI BANK, Account No. 062104000065663, IBC Code: IBKL0000062
5. This issues with the concurrence of Integrated Finance Division vide their CF No. 3126672 dated the 03.02.2017.

Yours faithfully,
(M.M Maurya)
Under Secretary to Government of India
Tel: 23040401

Annexure to Sanction Order No.14/13/2016-IR

Dated 06th February, 2017

The fund of Rs.3,62,050/- is subject to the following terms and conditions:

(i) This grant is released for the Setting up of Help Line on RTI;

RTI Activities	Amount (Rs.)
I. Awareness Generation for RTI Setting up of Help Line I. Computer System II. Sony PS3 Wireless and noise cancelling headsets III. Broadband Telephone Line IV. Stationery V. Furniture VI. Manpower (Honorarium Rs.165000/ month )(Dec, 2016- March, 2017) VII. Software VIII. Database and Storage IX. Miscellaneous Expenditure X. Administrative Charges @15% (on sub-total from point I to IX)	75,990 13,446 30,000 12,000 15,000 33,000 90,000 20,000 25,390 47,224
Total	3,62,050

(ii) The General Financial Rules, 2005 should be followed while incurring the expenditure.
(iii) Yashwantrao Chavan Academy of Development Administration, Pune should furnish to this
Department for record and audit, Utilization Certificate in GFR 19-A Form duly countersigned
by the Head of the Institute along with Achievement-cum-Performance Report as required
under Rule 212 of General Financial Rules, 2005.
(iv) The unutilized amount of grant, if any, may be surrendered to this Department by a Demand
Draft drawn in favour of “Under Secretary (Cash), DOPT payable at New Delhi.
(v) There should not be any overlap of activities under any other Scheme.

(M.M. Maurya)
Under Secretary to Government of India

Source: ccis.nic.in

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North Block, New Delhi
Dated the 7th October, 2016

OFFICE MEMORANDUM

Subject:- Uploading of RTI replies on the respective websites of Ministries / Departments

Attention is invited to para 1.4.1. of the enclosed guidelines referred to in this Deptt.’s O.M. No.1/6/2011-IR dated 15.04.2013, for implementation of suomotu disclosure under Section 4 of the RTI Act, 2005, which states as follows:-

All Public Authorities shall proactively disclose RTI applications and appeals received and their responses, on the websites maintained by Public Authorities with search facility based on key words. RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, as they do not serve any public interest.

2. Further vide O.M. No.1/1/2013-IR dated 21.10.2014 on the issue of uploading of RTI replies on the respective websites of Ministries / Departments, DoPT had requested that:

RTI applications and appeals received and their responses relating to the personal information of an individual may not be disclosed, if they do not serve any public interest.
3. Now, keeping in view the directions dated 20.11.2013 of Hon’ble High Court of Kolkata in Writ Petition No.33290/2013 in the case of Mr. Avishek Goenka Vs Union of India regarding personal details of RTI applicants, it is clarified that while proactively disclosing RTI applications and appeals received and responses thereto, on their website, the personal details of RTI applicant/appellant should not be disclosed as they do not serve any public interest. It is further clarified that the personal details would include name, designation, address, e-mail id and telephone no. including mobile no. of the applicant.

(Gayatri Mishra)
Director(IR)

To
All Public Authorities

Original Circular

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New Delhi: Around 2,000 Central government organisations will soon be accepting applications under the Right to Information (RTI) Act through online medium.

The move is based on the suggestion given by a group of secretaries before Prime Minister Narendra Modi.

The Department of Personnel and Training (DoPT) has started a massive exercise to train nodal officers of all such public authorities who have not yet started accepting the RTI pleas online.

In a stern directive, it has asked all the government departments to attend a workshop being organised by the DoPT in this regard  without fail. In case, the officers concerned fail to attend the workshop, a username will be created suo-motu and all these public authorities will be made live on the RTI portal.

As many as 690 public authorities have been aligned so far on the especially designed website www.rtionline.Gov.in  to enable online filing of the RTI applications.

The DoPT had during June and July this year conducted a workshop for 330 public authorities. Of these, 51 nodal officers did not attend the workshop.

Since all the public authorities (around 2,000) will have to be aligned in a time bound manner ( a target/timeline fixed and monitored at the highest level), DoPT is organising yet another training workshop as a special drive for those defaulted public authorities and nodal officers who did not attend the workshop

It requested that all nodal officers under 51 public authorities attend the workshop without fail on Tuesday, the DoPT said in the order.

It may be noted by all concerned that no further opportunity would be given to the nodal officers after this workshop, the order said.

In case the concerned nodal officer is unable to attend this training, the username will be created suo motu and the concerned public authority will be made live on the RTI online portal with effect from September 30, by DoPT, it said.

The RTI Act, 2005, enables a citizen to seek tome-bound reply on governance related matters. People can also make payment of RTI fee online.

On the occasion of completion of more than 10 years of implementation of the RTI Act, the Central Information Commission is going to hold annual convention in October, the DoPT said.

PTI

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North Block, New Delhi
Dated the 17th June, 2016

To
The Pay & Accounts Officer
Pay & Accounts Office
Ministry of Personnel, PG & Pension
Department of Personnel & Training
Lok Nayak Bhavan,
Khan Market, New Delhi
Subject:- Centrally Sponsored Scheme on ‘Improving Transparency and Accountability in Government through Effective Implementation of RTI Act’ — Release of Grants to Manipur IC.
Sir,
I am directed to convey the sanction of the President to release a grant of Rs.3,00,000/- (Rupees Three Lakhs only) to Manipur Information Commission, Imphal towards Celebration of RTI Week during 5th _ 12th October, 2016.

2. The details of grant, being released, alongwith the conditions attached thereto are furnished in the Annexure.

3. The expenditure of Rs.3,00,000/- will be met from the Major Head 2070 — Other Administrative Services, 41.01-Propagation of Right to Information Act, 41.01.31 — Grants-in-Aid under Demand No.64 for the year 2016-17.

4. The grant of Rs.3,00,000/- may be released electronically through RTGS as per the Bank details mentioned below.

State Bank of India, Account No. 30951775224, IFSC Code: SBIN0004562

5. This issues with the concurrence of Integrated Finance Division vide their Dy. No. 3123586/Dir(F/P)/2016 dated the 09.06.2016.

Yours faithfully,

(M.M. Maurya)
Under Secretary to Government of India
Tel: 23040401

Annexure to Sanction Order No.14/6/2016-IR
Dated 17th June, 2016

The grant of Rs.3,00,000/- is subject to the following terms and conditions:
(I) This grant is released towards Celebration of RTI Week during 5th-12th October, 2016;

RTI Activities

I. Awareness Generation for RTI RTI Week Celebration:

(i) One State Level Workshop on RTI for SPIOs/RTI Activists/Media Persons/ Resource Persons etc. – Amount (Rs.) 1,20,000
(ii) State Level Seminar cum Workshop on RTI for SPI0s/RTI
Activists/ Persons/ Students etc. – Amount (Rs.) 80,000
(i) Press Meet, Essay Writing/Quiz competition for college students
on RTI related matter – Amount (Rs.) 1,00,000

Total Amount (Rs.) 3,00,000

(ii) The General Financial Rules, 2005 should be followed while incurring the expenditure.
(iii) Manipur Information Commission, Imphal should furnish to this Department for record and audit, Utilization Certificate in GFR 19-A Form duly countersigned by the Head of the Commission along
with Achievement-cum-Performance Report as required under Rule 212 of General Financial Rules, 2005.
(iv) The unutilized amount of grant, if any, may be surrendered to this Department by a Demand Draft drawn in favour of “Under Secretary (Cash), DOPT payable at New Delhi.
(v) There should not be any overlap of activities under any other scheme.
(vi) Expenses on lunch should not exceed Rs.150/- per head.
(vii) TA/DA to non-official, wherever applicable, should be paid after establishing their equivalence with government officials.

(M.M. Maurya)
Under Secretary to Government of India

See the original Circular

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The Department of Personnel and Training have been impressing upon the public authorities to disclose maximum information proactively, so that public at large need not file RTI applications to seek information held by the public authorities.

In this regard, it was brought to the notice of the public authorities from time to time that they may not disclose personal information of an individual as it does not serve any public interest.

Some of the stakeholders have objected to disclosure of personal information as it would put the lives of the information seekers at risk.

Based on directions from High Court of Kolkata in the matter of Shri Avishek Goenka Vs UOI and in the interest of stakeholders, the DOPT is inviting comments from the stakeholders on draft OM within 15 days. These comments may be sent to Shri R.K. Girdhar, US (RTI) through e-mail only at usrti-dopt@nic.in.

Click here for Draft OM

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An ex-servicemen from Hyderabad used the RTI act in order to get his due. As per the state government all ex-servicemen/widows are exempted from paying property tax for any one house owned by them.

An Ex-Serviceman had to struggle for 9 long years with the civic authorities to get exemption from property tax. After repeated failures to get his due, he used the RTI act and woke up the civic authorities from their slumber.

This is the story of an ex-serviceman who had to struggle with the civic authorities for 9 long years to get his due. Mr. PP Sebastian worked in the Indian Air Force and is now settled in Hyderabad. He had to run after the local municipal authorities for 9 long years to get his property tax exemption order.

The Background Story

Most state governments extend a variety of welfare measures for serving personnel and ex-servicemen. The erstwhile Andhra Pradesh Government also extended similar facilities to ex-servicemen. As per the orders of the erstwhile Andhra Pradesh State government, all serving army personnel and ex-servicemen/widows are exempted from paying property tax for any one house owned by them.

18. Exemption from property tax one house/property of Ex-Servicemen/widows/serving personnel when it is occupied by the Widows/Ex-Servicemen and by the family in case of serving personnel for their self dwelling purpose.

Application for exemption filed in 2006

Mr. Sebastian applied for property tax exemption in October 2006 in accordance to the Government Order. He submitted his application to Alwal Municipality, duly submitting all the required certificates. Instead of granting him exemption, the civic authorities kept sending him property tax bills. Moreover, the ex-serviceman received threatening calls to clear his dues

This is to bring to your kind notice that, I am ex-serviceman and had applied for tax exemption on 23rd October, 2006 as per the regulation after paying tax twice. I am yet to receive my tax exemption papers from your end.
Instead I have been receiving property tax bill every year. I had approached 4 to 5 times pertaining to my tax exemption as soon as the receipt of the property tax bill. But I have received no reply from Alwal Municipality so far.

RTI to the Rescue

Meanwhile in 2007, the Alwal Municipality was merged into the Greater Hyderabad Municipal Corporation (GHMC). After repeated trials to know the status of his earlier application, Mr. Sebastian was exhausted and was resigned to his fate.

In early 2013, Mr. Sebastian came to know of Right to Information (RTI) through an awareness workshop. As soon as he realized its power, he filed an application under RTI with the GHMC authorities to know the status of his earlier request for property tax exemption.

After repeated follow-ups and intervention from the State Information Commission, the GHMC finally admitted that they had lost his application that was filed in 2006. They also requested Mr. Sebastian to submit all the documents once again to initiate further action.

With reference to subject cited, it is to inform that the application related to Exemption of Property Tax pertains to——– situated at Temple Alwal was given in erstwhile Alwal Municipality on 23.10.2006. Efforts were made to trace out the application, but the same is not traced out. Therfore, you are requested to kindly submit the required documents for taking further necessary action for exemption of property tax of above said property.

Finally, after submitting the application once again, the GHMC issued the property tax exemption order in December 2015.

ORDER:

In exercise of the powers conferred as per the M.C.H Act 1955 and in accordance with the Government Orders, Vide Ref 2nd cited the following Property (Assessment) is hereby temporarily exempted from the payment of Property tax with effect from 01.04.2007 till further orders, since the under mentioned premises are under the possession of Ex-Serviceman/ Widow of Ex-Serviceman/Serving Army Personnel.

H.No. & Locality	Name of the Assessee	Exemption effect date	Exempted Asst.No. Amount per annum
	Sri.P.P.Sebastian	01.04.2007	1124/-

 

‘If not for RTI, I would not have got this exemption’

‘If not for RTI, I would not have got this exemption. Thanks for my living God who guided me to that workshop’, Mr. Sebastian said. He is now a contented individual who feels that every citizen should know and use RTI.

Source: newslaundry

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