Showing posts with label Right to Information Act. Show all posts
Showing posts with label Right to Information Act. Show all posts

Thursday, March 5, 2020

The Central Government is fully committed to implement the Right to Information (RTI) Act

Ministry of Personnel, Public Grievances & Pensions
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

Tuesday, October 29, 2019

RTI Rules 2019 - DoPT NOTIFICATION


RTI Rules 2019 - DoPT NOTIFICATION

Notification regarding RTI Rules 2019
RTI Rules 2019 - DoPT NOTIFICATION

DoPT Orders 2019


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

NOTIFICATION

New Delhi, the 24th October, 2019

G.S.R. 810(E).- In exercise of the powers conferred by clauses (ca) and (cb) of sub-section (2) of section 27 of Right to Information Act, 2005 (22 of 2005), the Central Government hereby makes the following rules, namely:-
CHAPTER I
PRELIMINARY

Short title and commencement.- (1) These rules may be called The Right to Information (Term of Office, Salaries, Allowances and Other Terms and Conditions of Service of Chief Information Commissioner,Information Commissioners in the Central Information Commission, State Chief Information Commissioner and State Information Commissioners in the State Information Commission) Rules, 2019.

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

Get More: Latest DoPT Orders 2019
CHAPTER II

2. Definitions.- (1) In these rules, unless the context otherwise requires, -

(a) “Act” means the Right to Information Act, 2005 (22 of 2005);
(b) “Central Information Commission” shall have the same meaning assigned to it under clause (b) of section 2 of the Act ;
(c) “Chief Information Commissioner” and “Information Commissioner” shall have the same meaning assigned to it under clause (d) of section 2 of the Act;
(d) “State Chief Information Commissioner” and “State Information Commissioner” shall have the same meaning assigned to it under clause (l) of section 2 of the Act;
(e) “State Information Commission” shall have the same meaning assigned to it under clause (k) of section 2 of the Act.
(2) The words and expressions used and not defined under these rules, but defined in the Act shall have the same meaning as respectively assigned to them in the Act.

CHAPTER III

TERM OF OFFICE, SALARIES, ALLOWANCES AND OTHER TERMS AND CONDITIONS OF SERVICE OF THE CHIEF INFORMATION COMMISSIONER AND INFORMATION COMMISSIONER IN THE CENTRAL INFORMATION COMMISSION

3. Term of office.- The Chief Information Commissioner, or Information Commissioners, as the case may be, shall hold office for a period of three years from the date on which he enters upon his office.

4. Retirement from parent service on appointment.- The Chief Information Commissioner or Information Commissioners, as the case may be, who on the date of his appointment to the Commission, was in the service of the Central or a State Government, shall be deemed to have retired from such service with effect from the date of his appointment as Chief Information Commissioner or an Information Commissioner in the Central Information Commission.

5. Pay.- (1) The Chief Information Commissioner shall receive a pay of Rs. 2,50,000 (Rupees two lakh and fifty thousand) (fixed) per mensem.
(2) An Information Commissioner shall receive a pay of Rs. 2,25,000 (Rupees two lakh and twenty five thousand) (fixed) per mensem.
(3) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment is, in receipt of any pension, the pay of such Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement benefits excluding pension equivalent of retirement gratuity;

(4) In case the Chief Information Commissioner or Information Commissioners, as the case may be, at the time of his appointment, is in receipt of retirement benefits in respect of any previous service rendered in Corporation established by or under any Central Act or State Act or a Government company owned or controlled by the Central Government or the State Government, his pay in respect of the service as the Chief Information Commissioner or Information Commissioners, as the case may be, shall be reduced by the amount of pension equivalent to the retirement benefits.

6. Dearness Allowance. - The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to draw dearness allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

7. Leave.- (1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to rights of leave as per admissibility to an officer holding a post carrying the same pay in the Central Government, as revised from time to time.

(2) In case the Chief Information Commissioner, the competent authority to sanction the leave shall be the President of India and in case of the Information Commissioners, the Chief Information Commissioner shall be the competent authority.

8. Cash Payment in lieu of unutilised Earned Leave.- The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to encashment of fifty per cent. of earned leave to his credit at the time of completion of tenure:

Provided that for a Chief Information Commissioner or an Information Commissioner, as the case may be, who had retired from the service of the Central or a State Government prior to appointment as a Chief Information Commissioner and Information Commissioner, as the case may be, the aggregate period for which the encashment of unutilised earned leave shall be entitled shall be subject to a maximum period as per admissibility to an officer holding a post carrying the same pay in the Central Government or the State Government, as the case may be, as revised from time to time.

9. Medical Facilities.- The Chief Information Commissioner and Information Commissioners, as the case may be, shall be entitled to medical treatment and Hospital facilities as provided in the Central Government Health Scheme and at places where the Central Government Health Scheme is not in operation, the Chief Information Commissioner and Information Commissioner shall be entitled to medical facilities as provided in the Central Service (Medical Attendance) Rules, 1944.

10. Accommodation.- (1) The Chief Information Commissioner or Information Commissioners, as the case may be, shall be eligible subject to availability, to the use of official residence from the general pool accommodation of the type as admissible to an officer holding a post carrying the same pay in the Central Government on the payment of the license fee at the rates prescribed by Central Government from time to time.

(2) Where Chief Information Commissioner or an Information Commissioner is not provided with or does not avail himself of the general pool accommodation referred to in sub-rule (1), he may be paid House Rent Allowance at the rate admissible to an officer holding a post carrying the same pay in the Central Government.

11. Leave Travel Concession, Travelling Allowance, Daily Allowance.- The Chief Information Commissioner or Information Commissioners, as the case may be, shall be entitled to leave travel concession, travelling allowance and daily allowance as admissible to an officer holding a post carrying the same pay in the Central Government as far as may be, apply to the Chief Information Commissioner and Information Commissioner, as the case may be.

Source: DoPT

Monday, July 22, 2019

Lok Sabha passes the Right to Information (Amendment) Bill, 2019

Ministry of Personnel, Public Grievances & Pensions
Lok Sabha passes the Right to Information (Amendment) Bill, 2019

Government is fully committed to transparency and accountability; No question of decreasing autonomy of Information Commissions: Dr. Jitendra Singh
22 JUL 2019
Lok Sabha passed the Right to Information (Amendment) Bill, 2019 today. In this amendment, it is proposed to amend the Right to Information Act, 2005 so as to provide that the term of office of, and the salaries, allowances and other terms and conditions of service of, the Chief Information Commissioner and Information Commissioners and the State Chief Information Commissioner and the State Information Commissioners, shall be such as may be prescribed by the Central Government.
Participating in the debate on the Bill, Union Minister of Statefor Personnel, Public Grievances and Pensions, Dr. Jitendra Singh said that this Government is fully committed to transparency and accountability. Following this principle, the Government has encouraged suo motu dissemination of maximum information by Government Departments in order to reduce number of RTIs.

In addition to this, the Minister said that the Government is focussing on grievance redressal through citizen involvement. This has strengthened the underlying principle of RTI and has consistently reduced the pendency of RTI applications in the last 5 years, the Minister informed the House.
Assuring the members that the Government is not misusing its powers to frame rules regarding State Information Commissions, Shri Singh said that according to the original RTI act of 2005, the power of framing rules in respect of Information Commissions does not fall under the purview of either the Union or the State or the Concurrent lists. Hence, framing rules, even for the State Information Commissions, falls under the Residuary powers of the Union Government, the Minister said.

Replying on the issue of comparison of service conditions of Information Commissions and Election Commissions, Shri Singh said that the Central Information Commission and State Information Commissions are statutory bodies established under the provisions of the Right to Information Act, 2005. Therefore, the mandate of Election Commission of India and Central and State Information Commissions are different. Hence, their status and service conditions need to be rationalised accordingly.Further, the Minister said that there has been no change in the section of the original act dealing with the appointment of Information Commissioners. Thus, the question of decreasing autonomy of the Information Commissions does not arise, the Minister added.

PIB

Tuesday, August 23, 2016

Success Stories of the Right to Information Act, 2005 - regarding


IMMEDIATE
No.11/20/2014-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
North Block, New Delhi
Dated: 23rd August, 2016
To
The Head of All State ATIs (As per list attached)

Subject: Success Stories of the Right to Information Act, 2005 - regarding

Sir / Madam,
I am directed to say that RTI Act has been instrumental in ensuring greater and more effective access to information to all citizens of the country, especially the marginalized sections of the society. On the occasion of completion of more than 10 years of implementation of RTI Act, 2005, the Central Information Commission, New Delhi is going to hold Annual Convention in October, 2016 to mark its contribution under the Right to Information Act, 2005. To mark this event, the Commission proposes to bring out a volume titled "Success Stories of the Right to Information Act, 2005", which would be released for public by the Hon'ble Prime Minister during the Annual Convention. Central Information Commission has entrusted the work of compilation / preparation of Success Stories volume to M/s  YASHDA.

2. In this regard, the State ATIs are requested to forward all the documented Success Stories maintained by their Institute/Academy to YASHADA at the earliest to enable them to compile a volume titled "Success Stories of the Right to Information Act, 2005". The State ATIs are also requested to participate in the National Workshop to be held in last week of August, 2016 in YASHADA.
Yours faithfully,
(Gayatri Mishra)
Director (IR)

Tuesday, July 14, 2015

Duplicity requests on RTI – Dopt advised to upload most often requests on the websites of all Departments

Duplicity requests on RTI – Dopt advised to upload most often requests on the websites of all Departments

Dopt instructed to all Ministries/Departments as per the suggestions given by the Department Related Parliamentary Standing Committe, to avoid duplicity of requests from the applicants often, upload the requests and the replies can be published on the websites of the Departments.

G.I, Dept. of Per. & Trg., O.M.F.No.1/1/2013-IR, dated 9.7.2015

Subject: 76th Report of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice Recommendation regarding suo-motu disclosure under Section 4 of justify to Information Act, 2005.

Reference is invited to this Department’s Office Memorandum No.1/6/2011-IR, dated the 15th April,2013 wherein all Ministries / Departments were advised to appoint a senior officer not below the rank of a Joint Secretary and not below the rank of Additional HoD in case of attached offices for ensuring compliance with the proactive disclosure guidelines. Subsequently, vide O.M.No.1/1/20-13~IR dated 21st October,2014, all Ministries / Departments were requested to take action to upload the replies to RTI applications and first appeals on their respective websites. in this context, the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has, in Para 4.40 of its 76th Report, inter-alia made the following observation / recommendations:
“The direction given by DoPT in their guidelines for implementation of Section 4 of the RTI Act which required appointment of a Joint Secretary rank officer as the Nodal Officer should be followed in letter and spirit. The Committee feels that all Ministries/ Departments/ Organisations themselves must encourage suo-motu disclosure of relevant information. The Committee suggests the publishing of RTI requests and their replies on the websites of the Departments so that duplicity of requests is avoided. All Departments must make an analysis of information which is sought most often from applicants and provide it on their website as suo-motu disclosure.”
The above mentioned recommendations of the Department Related Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice are hereby brought to the notice of all Ministries / Departments and Public Authorities for strict compliance.

The contents of this O.M. may also be brought to the notice of Attached Subordinate Offices and Public Sector Undertakings for necessary compliance.

Authority: www.persmin. gov.in

Thursday, March 12, 2015

Stamps as RTI Fee

Stamps as RTI Fee

The Government has constituted a committee consisting of representatives of Department of Personnel & Training, Central Information Commission, Department of Posts and Office of Controller of Accounts (Department of Personnel & Training) to examine whether postal stamps can be used for payment of RTI fees under the Right to Information Act, 2005. The Committee has given its report on 24.02.2015. The Committee has observed that the use of postage stamps as mode of payment for RTI fee/costs is neither legally feasible nor feasible from the accounting point of view. Moreover, it would not be in line with the Government initiatives towards Digital India. Hence, the Committee has recommended that postage stamps may not be used as mode of payment for RTI fee/costs. The report of the Committee has been accepted by the competent authority.

The Central Government has already launched RTI Online portal for online filing of RTI applications, including online payment of RTI fee/costs. Moreover, the facility of eIPO (electronic India Postal Order) has been launched for purchase of IPOs electronically by online payment.

This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in Prime Minister’s office Dr. Jitendra Singh in a written reply to a question by Shri Dhananjay Mahadik, Shri Satav Rajeev, Dr. Heena Vijaykumar Gavit and Shri Mohite Patil Vijayasinh Shankarrao in the Lok Sabha today

PIB

Thursday, October 23, 2014

We can view RTI Replies on the respective website of Ministry/Department

Uploading of RTI replies on the respective website of Ministry/Department – Dopt orders issued on 21st October 2014
 
At present, this facility is available only for Department of Personnel and Training (DoPT), it is now being extended to other Ministries/Departments of Government of India.

No.1/1/2013-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi-1
Dated : 21-10-2014
OFFICE MEMORANDUM

Subject: Uploading of RTI replies on the respective website of Ministry/Department.

Attention is invited to DOPT’s guidelines on suo motu disclosure issued vide 0M. No.1/6/2011-IR dated 15-4-2013 whereby Public Authorities have an obligation to proactively disclose RTI applications and appeals received by them and their responses on their websites.

2. In order to facilitate uploading of RTI applications/appeals received and their responses on the website, a new feature has been added to the CPIO/FAA’s module on the ‘RTI online” portal on pilot basis for DOPT. This feature provides an option to the CPIO and FAA to upload the reply to RTI application and first appeal respectively on the website of the Department.

3. This feature is now being extended to other Ministries/Departments of Government of India. For displaying the RTI applications received in the Ministry/Department and the reply furnished thereof, by the use of the said feature, web services would be provided through a URL to each Ministry/Department by NIC/DOPT. The concerned Ministry/Department needs to consume this web service (by writing a program) to display the desired contents on its respective website. Accordingly, it is requested that the Ministries/Departments may contact NIC/DOPT (Shri Y. V. Ramana and Shri Manu Garg, Scientist D’/NlC — Ph- 23040281) for this purpose. An immediate action is requested so that the facility to upload the reply to RTI application and first appeal respectively on the website of the respective Ministry/Department may be started w.e.f. 31st October, 2014.

4, It may be noted 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.
sd/-
(Sandeep Jain)
Director(IR)
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_1_2013-IR-1-A.pdf]

Thursday, February 13, 2014

Dopt Orders – Electronic Indian Postal Order – extension of service to Indian Citizens residing in India

 Dopt Orders – Electronic Indian Postal Order – extension of service to Indian Citizens residing in India

No.1/44/2009-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated the 13th February, 2014
OFFICE MEMORANDUM

Subject :- Electronic Indian Postal Order – extension of service to Indian Citizens residing in India.

In continuation to this Department’s OM. of even number dated 22/03/2013, it is intimated that Department of Posts has extended the “eIPO" (electronic Indian Postal Order) service to Indian citizens residing in India also w.e.f. 13.02.2014, for purchasing Indian Postal Order electronically by paying a fee online through e-Post Office Portal i.e. http://www.epostoffice.gov.in. It can also be accessed through India Post website www.indiapost.gov.in

2. It is reiterated that:
i) This facility has been provided for Indian citizens to facilitate them to seek information from the Central Public Information Officers (CPIOs) under the RTI Act. 2005. Debit or Credit Cards of any Bank powered by Visa / Master can be used to purchase e-IPO.

ii) The user needs to get registered at the website. He has to select the Ministry / Department from whom he desires to seek the information under the RTI Act and the elPO so generated can be used to seek information from that Ministry / Department only. A printout of the elPO is required to be attached with the RTI application. If the RTI application is being flied electronically, elPO is required to be attached as an attachment.

iii) This facility is only for purchasing an Indian Postal Order electronically. All the requirements for filing an RTI application as well as other provisions regarding eligibility, time limit, exemptions etc. will continue to apply.

3. An eIPO so generated must be used only once with an RTI application. To check any multiple use of the same elPO, the Public Authority shall maintain a record of the elPOs so received. In case of any doubt, the details of elPO can be verified from the above mentioned site / portal of India Post.

sd/-
(Sandeep Jain)
Director(IR)
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_44_2009-IR-13022014.pdf]

Wednesday, January 8, 2014

Dopt orders regarding personal details under RTI

Dopt orders regarding personal details under RTI

No. 1/31/2013-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 8th January, 2014
OFFICE MEMORANDUM

Subject: Order dated 20.11.2013 of the High Court of Kolkata in Writ Petition No 33290 of 2013 in the case of Mr Avishek Goenka Vs Union of India regarding personal details of RTI applicants circulation of.

In compliance of the directions of the Hon'ble High Court of Kolkata in its said order, a copy of the judgement (order) is enclosed here with for appropriate action.

2. This may be brought to the notice of all concerned.

sd/-
(Sandeep Jain)
Director
Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_31_2013-IR.pdf]

Friday, December 13, 2013

Dopt Orders - Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 - Compliance of Section 4 of the RTI Act, 2005

Dopt Orders - Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 - Compliance of Section 4 of the RTI Act, 2005

No 11/18/2013-IR
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel Training

North Block, New Delhi-110001
Dated 10th December, 2013

OFFICE MEMORANDUM

Sub: Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 - Compliance of Section 4 of the RTI Act, 2005.

Attention is invited to this Department's O.M. of even no. dated 15.4.2013 on the subject mentioned above.

2. In that O.M., it was mentioned that each Ministry/Public Authority shall ensure that the guidelines for suo motu disclosure under RTI are fully operationalised within a period of 6 months from the date of their issuance i.e. 15.04.2013. It was also requested that the Action Taken Report on the compliance of guidelines should be sent, alongwith the URL link, to the DoPT and the Central Information Commission soon after the expiry of the initial period of the 6 months. It has been noticed that most of the Ministries/Departments/Public Authorities have not sent the compliance report/Action Taken Report to this Department and Central Information Commission.

3. It is once again requested that the guidelines mentioned in O.M. dated 15.4.2013 be complied with at the earliest and compliance report sent to this Department and Central Information Commission, immediately.
sd/-
(Sandeep Jain)
Director (IR)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/11_18_2013-IR-10122013.pdf]

Tuesday, December 3, 2013

Dopt Orders - Guide on the Right to Information Act, 2005 - updated Version

Dopt Orders - Guide on the Right to Information Act, 2005 - updated Version

No. 1/32/2013-IR
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: the 28th November, 2013

OFFICE MEMORANDUM

Subject: Guide on the Right to Information Act, 2005 - updated Version.

Section 26 of the RTI Act requires the Government to compile a guide containing such information, in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right specified in the Act. Further, it requires the Government to update the guide at regular intervals.

Accordingly an updated Guide on the Act is hereby published online which would help all the stake-holders viz. information seekers in getting information, public information officers in dealing with the RTI applications, first appellate authorities in taking cogent decisions on appeals and the public authorities in implementing various provisions of the Act in right earnest.

sd/-
(SANDEEP JAIN)
Director
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/Guide_2013-issue.pdf]

Saturday, August 24, 2013

Dopt Orders - Disclosure of personal information under the RTI Act, 2005

Latest Dopt Orders - Disclosure of personal information under the RTI Act, 2005

No.11/2/2013-IR (Pt.)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi,
Dated the 14th August 2013

OFFICE MEMORANDUM
Subject: Disclosure of personal information under the RTI Act, 2005.

The Central Information Commission in one of its decisions (copy enclosed) has held that information about the complaints made against an officer of the Government and any possible action the authorities might have taken on those complaints, qualities as personal information within the meaning of provision of section 8 (1) (j) of the RTI Act, 2005.

2. The Central Information Commission while deciding the said case has cited the decision of Supreme Court of India in the matter of Girish R. Deshpande vs. CIC and others (SLP (C) no. 27734/2012) in which it was held as under:-

“The performance of an employee/Officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression personal information, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which could cause unwarranted invasion of the privacy of that individual." The Supreme Court further held that such information could be disclosed only if it would serve a larger public interest.

3. This may be brought to the notice of all concerned.

End: As above.
sd/-
(Manoj Joshi)
Joint Secretary (AT&A)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/11_2_2013-IR-Pt.-14082013.pdf]

Saturday, August 3, 2013

Amendment to the Right to Information Act, 2005

Amendment to the Right to Information Act, 2005

Press Information Bureau
Government of India
Ministry of Personnel, Public Grievances & Pensions

02-August-2013 14:41 IST

Amendment to the Right to Information Act, 2005

The Union Cabinet has approved introduction of a Bill in the coming session of the Parliament to amend the Right to Information Act, 2005, to exclude the political parties from the definition of Public authority for the purpose of the Act.

The Central Information Commission (CIC) in its decision dated 03.06.2013, has held that the political parties, namely, AICC/INC, BJP, CPI(M), CPI, NCP, and BSP are public authorities under Section 2(h) of the RTI Act. While deciding that the said political parties are public authorities, the CIC has relied mainly on the grounds that there is substantial (indirect) financing of political parties by the Central Government and they perform public duty.

The political parties are registered with the Election Commission under the provisions of section 29A of the Representation of the People Act, 1951. Under this section any small group of persons, if they so desire, can be registered as a political party by making a simple declaration under sub-section (5) of section 29A.
With reference to the political parties, detailed provisions exist in the Representation of the People Act, 1951 which provides for dissemination of information relating to political parties, candidates and donations. The said Act, inter alia, provides for –

•    Registration with the Election Commission of associations and bodies as political parties (section 29A)
•    Political parties entitled to accept contribution (section 29B)
•    Declaration of donation received by the political parties (section 29C)
•    Declaration of assets and liabilities (section 75A)
•    Account of election expenses and maximum thereof (section 77)
•    Lodging of account with the district election officer (section 78)
•    Penalty for filing false affidavit etc. (section 125A)
The above provisions of the Representation of the People Act, 1951 indicate that there are sufficient provisions in the Act to deal with each and every aspect of financing, its declaration and punishment for filing false affidavit and all such information is made available to the public through the website of the Election Commission.

Under section 13A of the Income-tax Act, 1961, the political parties claiming exemption from tax are required to file their return of income before the due date before the tax authorities along with audited accounts; and form 24A prescribed under section 29C of the Representation of the People Act, 1951 read with Rule 85B of the Conduct of Election Rules, 1961 declaring the list of persons making donations to the political parties exceeding 20,000/- rupees.

As per section 138 of the Income-tax Act, any information with the Income-tax Department would be ordinarily held confidential, but can be made public, if in the judgment of the Commissioner of Income-tax, it serves public purpose.
Under section 10A of the Representation of the People Act, 1951, for failure to lodge the account of election expenses as per the requirement of law, the defaulting candidate may be disqualified by the Election Commission for three years from the date of the order of disqualification.

Section 29C of the Representation of the People Act, 1951, provides that each political party shall submit report to the Election Commission (before filing its income-tax return) regarding all contributions in excess of 20000/- rupees received by it in a financial year and failure to submit this report will deprive them of the tax benefit. Further, the candidates are required to file affidavit along with their nomination papers giving the annual income of the candidate and filing of false affidavit attract punishment for furnishing wrong information.
The RTI Act was enacted to provide for an effective framework for effectuating the right of information recognised under Article 19 of the Constitution. The RTI Act was enacted to ensure greater and more effective access to information by making the Freedom of Information Act, 2002 more progressive, participatory and meaningful.

The definition of public authority given in clause (h) of section 2 of the RTI Act is well defined to include only such authority or body constituted by or under the Constitution or by any law made by Parliament which is substantially financed directly or indirectly by funds provided by the appropriate Government. The political parties do not fall within the parameters of the definition of public authority given in the RTI Act, as they are only registered and recognised under the RP Act, 1951.

Source : PIB News

Friday, July 19, 2013

Guidelines on awareness Generation and Capacity Building Components - RTI

Guidelines on awareness Generation and Capacity Building Components - RTI
Guidelines on Awareness Generation and Capacity building components of the Centrally Sponsored Scheme on “Improving Transparency and Accountability in government through effective implementation of Right to Information Act” for the year 201 3-2014 to 2015-2016

F. No 1/6/2012 -IR
Ministry of Personnel, PG and Pensions
Department of Personnel and Training,

North Block, New Delhi-110001
Dated 18th July, 2013

Office Memorandum

Subject: Guidelines on Awareness Generation and Capacity building components of the Centrally Sponsored Scheme on “Improving Transparency and Accountability in government through effective implementation of Right to Information Act” for the year 201 3-2014 to 2015-2016

1.0 Introduction

The Right to Information Act was enacted in 2005 to further the objectives of making the governance more transparent and accountable. In the last 7 years, an elaborate institutional mechanism, including setting up of information Commissions, designation of large number of officers as CPlOs/ SPIOs and Appellate Authorities and laying down of detailed guidelines and instructions for dealing with RTI requests, has been set up, in line with the mandate of the Act, to ensure that the right of information is exercised freely and with ease.

To further strengthen the RTL regime, a centrally sponsored scheme was launched in 2008 with the primary objective of creating awareness and for training of officers, both in central and state governments. This scheme was sanctioned for 2 years. A new scheme titled ‘Improving transparency and accountability in government through effective implementation of Right to Information Act” was approved for the remaining two years of the 11th Plan period (2010-11 and 2011-12). Guidelines for sanction and release of funds to SICs and ATIs for two components of the scheme namely awareness generation and capacity building’ were issued vide O.M. No.11612010-IR dated 16.8.2010. Almost all the ATIs availed of the grants given by this Department for the various activities under the components of awareness generation and capacity building.

Keeping in view the feedback received from the ATIs and the evaluation of the scheme conducted by IIPA, the guidelines on the various components of the plan scheme for which financial support would be provided by DOPT to the ATIs and SlCs are revised as follows:-

For More details : Effective implementation of RTI

Friday, June 28, 2013

Dopt Orders 2013 - Publishing of Compendium of Best Practices on RTI

Dopt Orders 2013 - Publishing of Compendium of Best Practices on RTI

F.No.1/3/2013-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)

North Block,
New Delhi
Dated the 28th June, 2013.

Subject:- Publishing of Compendium of Best Practices on RTI.

Reference is invited to this Department’s circular dated the 14th May 2013 inviting write-ups from the Indian Citizens about the best practices on RTI being adopted by Public Authorities all over the country.

2. The last date for sending the write-ups earlier fixed for 28th June, 2013 is now extended to 15th July, 2013.

sd/-
(Sarita Nair)
Under Secretary to the Government of India

Thursday, December 20, 2012

Effective implementation of Right to Information Act : DOPT offering Short-term Internships Course

F.No.1/21/2012-IR
Government of India
Ministry of Personnel Public Grievances & pensions
Department of Personnel & Training

North Block,
New Delhi – 110 001
Dated 18th December, 2012.
Office Memorandum

Subject : Internship for Undergraduates pursuing five year Integrated course in Law under the Centrally Sponsored Scheme on "Improving Transparency and Accountability in government through effective implementation of Right to Information Act" for the year 2012-13.

The undersigned is directed to say that Department of Personnel & Training is offering short-term internships to Undergraduates pursuing five year integrated course in Law to conduct an analysis of RTI applications in select public authorities. The guidelines issued by this Department in this regard on 15th October, 2012 (copy enclosed) have been circulated to reputed Law Schools and Universities.

2. The internship would be of one month duration starting from 1st January, 2013.

3. Various Ministries/Departments of the Government of India are willing to allow interns sponsored by this Department to analyse a sample of the RTI applications received by them.

4. Law Schools and Universities are requested to nominate the names of those students who are desirous of undertaking internship on RTI applications in Central Ministries / Departments. Nominations for the internship may be sent to the undersigned latest by 26th December, 2012.

sd/-
(Anuradha S. Chagti)
Director(IR)
Source: www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_21_2012-IR-C.pdf]

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