[rti4empowerment] CIC'S letter on the implementatin of Sec. 4, (SUO MOTU Disclosure) of RTI Act.

CIC'S letter on the implementatin of Sec. 4, (SUO MOTU Disclosure) of RTI Act.   D.O.No.CIC/AT/D/10/000111 Dated : 18.11.2010     Subject : Implementation of Section of the RTI Act 2005 Reference Commission's directive dated 15.11.2010 under Section 19(8)(a) to the public authorities for time-bound implementation of Section 4 obligations under the RTI Act. 2. I invite your kind attention to the directive of the Commission for time-bound implementation of the provisions of Section 4 of the RTI Act, issued under the powers vested in it under Section 19(8)(a) of the RTI Act. Section 19(8)(a) of the Act states the following:- "19(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; (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 sub-section (1) of section 4;" 3. The directive emphasizes that compliance with the Section 4 obligations by public authorities is at the heart of the RTI Act. It enjoined public authorities to accept transparency commitments by undertaking time-bound suo-motu disclosures. 4. Underlining that, transparency commitments and suo-motu disclosures would remain nothing more than vague promises, unless these are matched by tangible action through proper record-management-practices, and time-bound disclosure of several items of identifiable information under supervision and guidance of a senior officer of the public authority, this directive gives the following instructions:- (i) Public authorities to carry out time-bound action to complete parts of their Section 4 obligation within 120 days. (ii) The balance obligations, which involve sifting of records and making a conscious determination about what information can be brought into the public domain suo-motu, is to be completed within six months. This is part of the record-management aspect of Section 4 of the Act. Page 2 of 3 (iii) It commends designation by the public authority of a sufficiently senior officer as Transparency Officer, to oversee the implementation of the Section 4 obligations. These officers are also required to be the interface with the Central Information Commission on the one hand and the public on the other, about transparency aspects of the functioning of the public authority. 5. As per the provisions of the RTI Act, a large part of the Section 4 commitment by the public authorities was to be completed within 120 days of the Act coming into force, i.e. 15th June, 2005. Certain public authorities have made some serious effort in this direction, but the overall action in implementing this provision has been slow and halting. This has necessitated the present directive. 6. It is important to note that Section 4 obligates the public authorities to use the latest technologies to discharge their transparency commitments under that Section, subject to availability of resources. 7. Commission feels that it has now become necessary that the top echelons of the public authorities are sensitized about seriously addressing the several aspects of discharging their Section 4 commitments, including progressive digitization of data and use of other available technologies, to not only make transparency the hallmark of their functioning, but also to create the right conditions for the public to access the information through painless and efficient processes that shall be put in place. 8. The ultimate aim of the RTI Act is that public should have access to most information held by public authorities without the use of the RTI laws. Section 4 of the RTI Act is an initial, but necessary, prelude to achievement of that objective. Hence the importance of this Section. 9. I have been directed by the Commission to communicate to you its above mentioned directive for implementation by your Ministry / Department as well as all public authorities within your jurisdiction. It is requested that you may kindly issue appropriate directives to all top officers under your control as well as to the top officials of the public authorities controlled by the Ministry / Department to give immediate effect to the Commission's directive dated 15.11.2010. 10. It is further requested that the relevant details of the officer designated as Transparency Officer by your Ministry / Department may be intimated to the Commission in about two-weeks' time. It is also requested that the public authorities within your jurisdiction may also be similarly instructed. 11. A portal is being set-up for uploading all the Section-4-compliance-related information. The idea is that an average citizen should be able to see for himself as to how public authorities have progressed in complying with the transparency obligations cast on them by Section 4 of the RTI Act. The details about the portal being developed shall be sent to you separately. 12. For the purpose of uploading information, a format has been devised, which is enclosed. It is requested that your Ministry/Department as well as all public authorities under your jurisdiction may be instructed that the information relating to Section 4-compliance should be put-up on the portal in the format prescribed and annexed. Page 3 of 3 13. It is requested that, given the importance of this initiative for promoting not only transparency, but overall good governance, this matter may kindly receive your personal attention and necessary instructions be issued to all concerned about implementing the Commission's directive within the prescribed time-schedules. 14. Any clarification with regard to the Commission's directive and its implementation may be obtained from Shri Aakash Deep Chakravarti, Joint Secretary (Legal) (Tel. No. (011) 26105021 and e-mail aakash.dc@nic.in) or Shri Pankaj Kumar Pandey Shreyaskar (Tel. No. (011) 26717354 and e-mail: pkp.shreyaskar@nic.in). 15. I shall be grateful, if this communication is acknowledged. Enclosures:- 1. Commission's directive dated 15.11.2010 2. Format for uploading Section 4 information Sincerely, (B.B. SRIVASTAVA) All Secretaries to the Government of India