Information under RTI Act

Information under RTI Act
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:

Year	Penalty Imposed
2013-14	19,25,000
2014-15	7,39,000
2015-16	10,52,500

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

Disclosure of information under RTI

Disclosure of information under RTI

As per guidelines dated 15.04.2015 issued by the Government of India, the Ministries/Departments of the Government of India and other Public Authorities are proactively working towards suo-motu disclosure of information on their websites so as to reduce the need for filing RTI applications.

As per the Annual Report of the Central Information Commission (CIC), 75.27% of the Public Authorities have filed their Annual Returns to the CIC for 2014-15, which is higher than the figure of 72.54 % for 2013-14, indicating an improved compliance over the previous year.

With a view to maximize suo-motu disclosure by public authorities, Government has issued guidelines to all the Ministries/Departments of Govt. of India on 15.4.2013. Government has further issued O.M. dated 29.06.2015 ensuring compliance to the recommended measures for strengthening implementation of Section 4 of RTI Act, by all public authorities. Another O.M. dated 9.7.2015 has been issued for appointment of a nodal officer of the rank of Joint Secretary for implementation of Section 4 of RTI Act.

The CIC has provided web based software known as RTI Annual Return Information System for uploading annual return online at URL http://rtiaar.nic/rtiar09/login.asp.

The CIC has, from time to time, issued letters to various defaulting Public Authorities for submission of quarterly returns.

This was stated by the Minister of State (Independent Charge) for Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances, Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Shri A. W. Rabi Bernard in the Rajya Sabha today.

PIB

Former Defence Secretary R K Mathur appointed new CIC

Former Defence Secretary R K Mathur appointed new CIC

New Delhi: Former Defence Secretary R K Mathur has been appointed as Chief Information Commissioner (CIC), breaking away from the convention of appointing the head from among the serving Information Commissioners.

The post had fallen vacant after Vijai Sharma completed his tenure on December 1.

“R K Mathur has been selected as Chief Information Commissioner,” Minister of State for Personnel Jitendra Singh told PTI.

He will have tenure of about three years, till he attains the age of 65 years.

62-year-old Mathur, a retired IAS officer of Tripura cadre, was made Defence Secretary for a fixed two-year term on May 28, 2013.

Mathur, who did his graduation from Indian Institute of Technology, Kanpur and post graduation from IIT, Delhi, has held various positions in his cadre state and at the Centre.

He had been Secretary in both Ministry of Micro, Small and Medium Enterprises, and Defence Production and Supplies.

Prime Minister Narendra Modi-led selection committee, which has Finance Minister Arun Jaitley and leader of Congress Party in Lok Sabha, Mallikarjuna Kharge, as its members, had on Wednesday finalised Mathur’s name.

President Pranab Mukherjee has given his assent for appointment of Mathur as CIC, official sources said.
As per RTI Act, CIC is appointed by the President on the recommendation of the selection committee.
The Central Information Commission had been headless twice since the BJP government came into power in 2014.

Earlier, it was without a chief for nearly 10 months after completion of the tenure of the then Chief Information Commissioner Rajiv Mathur in August 2014.

At present, there are seven Information Commissioners– Basant Seth, Yashovardhan Azad, Sharat Sabharwal, Manjula Prasher, M A Khan Yusufi, Madabhushanam Sridhar Acharyulu and Sudhir Bhargava.
As per convention, the senior most Information Commissioner is chosen as chief. Presently, Seth is the senior-most Information Commissioner.

The Commission comprises of one chief and ten Information Commissioners. There is still vacancy of three Information Commissioners.

A total of 33,724 complaints and appeals are pending in the Commission, as per official data.

“It is for the first time that government has appointed somebody other than a serving Information Commissioner to the post,” said Commodore (Rtd.) Lokesh Batra, RTI activist.

PTI

Wife has right to know husband’s salary: CIC

Wife has right to know husband’s salary: CIC

New Delhi: Wives of government servants have a “right” to know salary particulars of their husbands and these details should also be made public by their offices as mandated under suo-moto disclosure clause of the RTI Act, the Central information Commission has held.

Information Commissioner M Sridhar Acharyulu said every spouse has a right to information about the salary particulars of the other especially for the purpose of maintenance.

“More so, wife has a right to know the salary particulars of the husband, who is an employee of the public authority,” he said.

The commissioner further said that the details about a government employee’s salary is no third party information and these have to be voluntarily disclosed under Section 4(1)(b)(x) of the RTI Act.

He said the salary paid to the public authority is sourced from the tax paid by the people in general and it has to be disclosed mandatorily under the RTI section.

“The information about the salary of employee or an officer of the same public authority cannot be considered as a third party information… Public authorities cannot reject such RTI applications about salary under the pretext of the third party information,” he held.

Acharyulu warned the Home Department of Delhi government that such denial of information will be wrongful and could incur penalty. The warning was in context of an application filed by Jyoti Seherawat seeking salary slip of her husband who is employed at the Home (General) department.

The information was denied as her husband gave in written to the department that such an information should not be provided to anyone.

Source : PTI

Dopt Orders : Central Information Commission (Registrar) Recruitment Rules, 2013

Dopt Orders : Central Information Commission (Registrar) Recruitment Rules, 2013

Department of Personnel and Training issued notification on the subject of 'Recruitment Rules' for the post of Registrar in the Central Information Commission on 20.6.2013 as follows...

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 20th June, 2013

G.S.R. 387(E).—In exercise of the powers conferred by sub-section (1) read with clause (d) of sub-section (2) of section 27 of the Right to Information Act, 2005. (22 of 2005), the Central Government hereby makes the following rules regulating the method of recruitment to the post of Registrar in the Central Information Commission, namely :

1. Short title and commencement. -

(1)These rules may be called the Central Information Commission:[Registrar] Recruitment Rules, 2013.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. Number of post, classification and Pay Band and Grade Pay or scale of pay. - The number of the said post, its classification and the Pay Band and Grade Pay or scale of pay attached there to shall be as specified in columns (2) to (4) of the Schedule annexed to these rules.

3. Method of recruitment, age limit, qualification, etc., - The method of recruitment, age limit, qualification and other matters relating to the said post shall be as specified in columns (5) to (13)of the said Schedule annexed to these rules.

4. Disqualification - No person.-

(a) who has entered into or contracted a marriage with a person having a spouse living, or

(b) who, having a spouse living, has entered into or contracted a marriage with any person, shall be eligible for appointment to the said post :

Provided that the Central Government may, if, satisfied that such marriage is permissible under the personal law applicable to such person and the other party to the marriage and that there are other grounds for so doing, exempt any person from the operation of this rule.


5. Power to relax.—Where the Central Government is of the opinion that it is necessary or expedient so to do, it may, after consultation with Union Public Service Commission by order, for reasons to be recorded in writing, relax any of the provisions of these rules with respect to any class or category of persons.

6. Saving.— Nothing in these rules shall affect reservations, relaxation of age limit and other concessions required to be provided for the Scheduled Castes, the Schedule Tribes Other Backward Classes.  Ex-Service personnel and other special categories of persons in accordance with the orders issued by the Central Government from time to time in this regard.

Schedule

[F.No.4/11/2012-IR]
MANOJ JOSHI Jt.Secy.

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/GFR387.pdf]

RTI Act 2005 - Furnishing Wrong Information

RTI Act 2005 - Furnishing Wrong Information 

Furnishing Wrong Information 

There are a number of cases where an applicant has filed first appeal with the First Appellate Authority in the Public Authority concerned and second appeal/complaint with the Central Information Commission/State Information , as the case may be, inter-alia, due to the following reasons:

(i) Non-receipt of information within prescribed time;

(ii) Denial of request of information;

(iii) If he/she believes that incomplete/misleading or false information under this Act has been given by the Public Information Officer.

The number of second appeals/complaints registered by the Central Information Commission during three years is as under:

2009-10	2010-11	2011-12
22800	28875	33922

The Right to Information Act, 2005 already provides for imposition of penalty and recommendation of disciplinary action by the Central Information Commission/State Information Commission, as the case may be, against the Public Information Officer who has knowingly given incorrect, incomplete or misleading information under the RTI Act. The CIC/SICs have been imposing such penalties and also recommending disciplinary action against such Public Information Officers.

This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by  Shri Bharat Ram Meghwal  today.

PIB News

Vacant Posts in CIC

Ministry of Personnel, Public Grievances & Pensions

Vacant Posts in CIC

160 posts of different categories have been sanctioned in the Central Information Commission for catering to 11 registries for the Chief Information Commissioner and 10 Information Commissioners and the secretarial wing. Of these, 135 posts have been filled to cater to one Chief Information Commissioner and 7 Information Commissioners, in place at present and secretarial wing of Central Information Commission.

At the time of the constitution of the Central Information Commission 68 posts were created in 2005. In 2007, the posts were enhanced to 106 and later to 116 in 2008. The Staff Inspection Unit of the Department of Expenditure in 2010 assessed the requirement of posts as 154 and after detailed consultation with the Department of Expenditure, keeping in view the recommendations of the SIU, 160 posts have been sanctioned in 2011.

However, it has been decided in consultation with Chief Information Commissioner that Central Information Commission should be granted autonomy in recruitment of staff. Out of 14 categories of post, Recruitment Rules(RRs) have been notified for 11 categories comprising of 130 employees. Recruitment Rules for rest of 3 categories of posts namely Registrar, Hindi Translator and Librarian constituting 4 posts are under finalization. 6 officials are appointed in Central Information Commission under central staffing scheme and one post has been encadred. Rest of the posts are filled up on tenure/contract/outsource basis. The Commission has started the recruitment process for the posts for which Recruitment Rules have been notified.

This was stated by Shri V. Narayanasamy, Minister of State in the Ministry of Personnel, Public Grievances and Pension and Minister of State in the Prime Minister’s Office in written reply to a question by Sh. Jesudasu Seelam in the Rajya Sabha today.
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