STATE INFORMATION COMMISSION MAHARASHTRA
No. SCIC/ CR No.66/2012
Dated 5th July, 2012
To,
All Public Authority,
Sub. : Directions to Public Authorities u/s 19(8)
r/w section 15(4) of RTI Act
Where as it is observed while deciding complaints filed u/s 18 of RTI Act
as well as appeals filed under section 19 of the Act that officers/Public Authorities
functioning under your control are not paying enough attention to implementation
of RTI Act. As a rule, officers from your organization are not adhering to strict
time limits prescribed for furnishing information to information seekers as well as
First Appellate Authorities are not passing orders within 30 days as prescribed
under the Act. Some of the First Appellate Authorities are not at all even caring to
pass reasoned orders as mandated in RTI Act. This shows lack of seriousness,
awareness as well as ignorance on the part of PIOs and AAs. Close scrutiny of
complaints and appeals has revealed that the immediate superiors of officers
dealing with RTI requests and Appeals are not at all concerned about
implementation of RTI Act and never take any review to ensure effective
implementation of RTI Act in true letter and spirit.
And whereas it is observed that there is serious lapse in time bound
compliance provisions of section 4 of the RTI Act despite repeated instructions
and further is observed that this lapse has resulted in constantly growing
complaints and appeals for non-disclosures on account of unorganized and nonretrievable records and inefficient information management.
Hence in exercise of the powers vested in this Commission under section
19(8) read with Section 15(4) of the Act, you are hereby directed by the
commission to ensure that:1.
All records in your entire organization be cataloged, indexed and made
accessible using appropriate network with a view to disseminate maximum
information required by citizens as envisaged in section 4 (1)(a) of the Act
without any loss of time.
2.
The record-management practice, as much as possible, should be
technologically driven. Technology should be used for efficient and wide
dissemination of information.
3.
All relevant information (17 points) already pro actively disclosed on the
website of your organization be reviewed, updated and should be made available
for free access to citizens in printed form also as envisaged in section 4(1)(b) of
the Act. A board stating places where such updated disclosure is available for
public access in printed form should also be displayed prominently.
4.
Regular monthly review of receipt and disposal of applications and first
appeals under RTI be taken at your level as well as by immediate controlling
officers of PIOs and AAs so as to ensure that all applications and appeals filed are
properly disposed off.
5.
Compliance of instructions/directions issued by SIC to PIOs and AAs be
monitored at a senior level. It should also be ensured that fine imposed is
recovered from the salary of the concerned PIOs/AAs. A regular monitoring
system should be devised for this and responsibility should be fixed on those
failing to recover fines from the salaries of concerned PIOs/AAs.
6.
Public Information Officers and wherever First Appellate Authorities are
summoned should personally attend hearings of the Commission without fail and
it should be impressed upon the concerned Officers that these hearings are quasijudicial in nature and they have to attend it with all seriousness.
7.
Special arrangements for providing assistance to citizens in accessing
information as envisaged in section 4(1)(b)(xv), section 5(3), and section 6(4) be
made at once.
8.
It be noted that not only Public Information Officers and First Appellate
Authorities but also all officers and employees and Heads of departments/Public
Authorities under your control are equally responsible for effective
implementation of provisions of RTI Act and all the concerned may be
appropriately sensitized/trained in this respect.
9.
Plan of action to carry out above directions be reported to Commission
forthwith. As we are in 7th year of implementation of RTI Act, any complaint of
lapse in the implementation of provisions of RTI Act hereafter will be viewed
seriously.
Sd/(Ratnakar Gaikwad)
Chief Information Commissioner
Maharashtra
