Need for Record Management under RTI Act, 2005

 Article

 

Need for Record Management under RTI Act, 2005

Introduction: The government is the custodian of voluminous records, which need to be maintained not only for historic and administrative reasons but also for the benefit of the citizens. These records need to be preserved properly to facilitate its quick accessibility and retrieval. Citizens often need such records from birth to death. They are, thus, dependent on the concerned record-creating organizations for the requisite records.

Record management requires that it can be located, retrieved, presented and interpreted in a hassle free manner, promptly. It should be capable of presentation as directly connected to the activities of the organization or transaction that produced it. The records which have outlived its utility need to be systematically weeded out, as per departmental policy. 

But, unfortunately most of the organizations are not weeding out their unwanted records. This has led to space problem, un-hygienic conditions and above problem of timely tracing the required information. As per experience over 80% of the record is destroyable with in 3-5 years of its creation. If the unwanted record gets weeded out, in accordance with the procedure laid down in Manual of Office Procedure, many of the ills get resolved.  

Need for systematic record management: With the enactment of Right to Information Act, 2005 (RTI Act) the need for systemic upkeep and management of records has become all the more important as the citizens are seeking lot of information based on records.  

The Government of India enacted the Right to Information Act with a view to empower the citizens to get information available in the records from various public authorities viz. government departments, offices, organizations, institutions, local bodies, bodies owned controlled or substantially financed including non-government organizations substantially financed directly or indirectly by the government, as a matter of right within a stipulated time frame, barring exceptions.

The RTI Act is to ensure that the public authorities are open and accountable to the public. It also brings transparency in their working. It provides a right to citizens of India to access public record under the control of public authorities subject to limited exceptions. It also regulates access to personal information relating to third party.

The Act provides that the information, which cannot be denied to the Parliament or the State Legislature, shall not be denied to any citizen of India. It provides that in case the disclosure of information serves the large public interest it may be disclosed.  As such the information sought by applicants needs to be traced and provided, in a time bound manner, if available, barring records covered by exemption from disclosure of information that can be withheld.

The citizens are seeking certified copies of new and old documents, inspection of records, information based on government records etc. The Public Information Officer can respond to such requests, timely, when such records are handy and easily traceable.

Vivid types of record: Record generally means documents or files in which information is kept.  But with the advent of technology information is kept in many other forms or mediums as well.  Thus record encompasses all mediums in which information is kept. According to the definition given in section 2(i) of the RTI Act record includes:

• any document, manuscript and file;
• any microfilm, microfiche and facsimile copy of a document;
• any reproduction of image or images embodied in such microfilm (whether enlarged or not); and
• any other material produced by a computer or any other device.

As such all types of records under the control of public authorities can be accessed by citizens under this Act. However, it does not include opinion of the officials on any topic. Like one can’t ask an official about what should have been done in a particular case.

Obligations of Public Authorities for maintenance of records: In order to provide the required information to the applicants all government organizations/ departments/ undertakings/ institutions etc. are required to comply with certain obligations for maintenance of records and dissemination of information. The enactment of this Act, therefore, gives a call for proper upkeep and management of preferable records.

Retrieval of information: The onus of deciding cases by and large falls upon the Public Information officer. He/she can respond to the request in a time bound manner, if the information and records have been kept properly in a systematic manner.  To facilitate quick retrieval of the records these need to be catalogued and indexed and computerized as far as possible.  Accordingly, special provision has been made in the Act, itself.

The public authorities are required to comply with the provisions of  record management but majority of the organizations have failed to do so. 

Computerization of records: The organizations are having old and voluminous records that need to be searched time and again for disposal of RTI requests. The information available with the organizations is quite exhaustive, which cannot be easily retrieved unless the records are catalogued, indexed and computerized.

People are also seeking dynamic information about various aspects which need to be kept updated e.g. they are asking for list of individuals/ institutions given subsidy/loans by government, particulars of recipients of concessions, permits or authorization granted by public authorities etc.  This can only be accessed and provided if information is kept in a dynamic form, as the information changes with the passage of time and its magnitude is quite large. 

It, therefore, calls for computerization of all such information so that it can be kept up to date and placed in the public domain on website. Accordingly, a specific provision has been made in the RTI Act requiring all public authorities to computerize their records in a reasonable period.

Section 4(1)(a) of the Act further says that every public authority should ensure that all records that are appropriate are computerized, within a reasonable time, and subject to availability of resources. These should be computerized and connected through a network all over the country on different systems so that access to such records gets facilitated.          

Need for improvement of record Management: By and large most of the government organizations are having huge records but are lacking in record management. Quite a large number of unwanted record is there which ought to have been weeded out.  There is a saying that ‘what is available is not required and what is required is not traceable’. The Public Information Officer are, thus, finding it difficult to trace the desired information to respond to the RTI request, well in time.  As such they need to implement the provisions of Public Records Act, 1993.

Public Records Act, 1993: The government of India enacted the Public Records Act, 1993 for proper management of records.  The Public Records Rules, 1997 have been framed under the Act to regulate the management, administration, and preservation of public records of the Union government, Union territories, etc.

Records management is a specialized job. It should be designed to furnish the factual information necessary to protect the administrative, legal and financial rights of the government, promptly. It should also serve the requirements of the citizens directly affected by the record producing agency’s activities.

It requires that the responsibility and authority for systematic record management should be well defined, assigned, and promulgated so that it should be clear who is responsible for taking the necessary action.

The responsibility for proper up keep of records though falls on all employees of the organization, however, all others including Records Officers, executives, and others who create records as part of their work, need to be sensitized

Preservation of Record: Each record-producing agency is required to ensure that the records created by them are preserved systematically. The records containing proper documentation of the organization, functions, policies, decisions, procedures, and day-to-day functions of the record-producing agency need to be maintained until they are identified for weeding out or transferred to the National/state Archives. The unwanted record should be weeded out periodically as per record retention policy.

Proper Filing System: It is important to note that proper filing system is a pre-requisite for convenient identification, sorting, storage and retrieval of records/papers. Files need to be created in such a manner that these are identifiable subject wise for systematic record management and weeding out.

Need for Record Retention Schedule: The Record Retention Schedule lays down the retention period for various types of records based on “subject wise” lists. The Government of India has prepared a Record Retention Schedule for common activities, universally applicable. But for substantive functions each public authority needs to prepare its own Record Retention Schedule.

Unless the files and records are created in accordance with the record retention schedule it is difficult to take a decision to weed out the unwanted records, without proper scrutiny, and such records becomes a liability to be carried forward, unnecessarily.

Records retention schedule for the substantive functions should be prepared keeping in view the factors like its need to meet current and future requirements of the department. The Ministries/Departments and other public offices should be responsible for their current and semi-current records, periodical appraisal and elimination of ephemeral records and for orderly and systematic transfer of records of permanent value to the National Archives.         

Record Rooms: All government organisations are expected to have their own Record Rooms so that the semi-current and old records can be transferred there for systematic upkeep maintenance and timely weeding out. 

Record Officer: A departmental Record Officer should be designated who would be responsible for the proper maintenance and management of the semi-current records entrusted to their care, for compilation and periodic revision of Retention Schedule of the Department, for appraisal and weeding of records in accordance with the procedure laid down.

The record which has outlived its life and needs to be physically destroyed/weeded out not only for making space for the fresh records but also for keeping a healthy record management system. However, the weeded out record should not be burnt to avoid air pollution. It should be used for making pulp to prepare card board, toys etc. 

Record Policy: The record-producing agency should prepare contingency plan activities to carry out in the context of the emergency management function. Vital records program needs to be established to lay down the policies, plans, and procedures and the resources needed to identify, use, and protect & preserve the essential records.

The program should be able to meet operational responsibilities under national security emergencies or other emergency or disaster conditions or to protect the government’s rights viz-a-viz that of the citizens.

FAQs

Q.1 Can record be destroyed by the staff if it feels it to be unnecessary?

Ans. 1 No. Record needs to be weeded out as per the departmental record retention policy.

Q.2 Should a Record Officer be nominated by each record producing agency?

Ans. 2 Yes.