Provision of suo motu information under RTI Act

Article

Provision of suo motu information under RTI Act

Introduction: The Right to Information Act, 2005 lays emphasis on providing suo-motu information to the citizens, at regular intervals, through various means of communications to facilitate information, without filing application.  There should be proactive dissemination of information of routine enquiries and general information needed by citizens in their day to day use. It requires that lot of information may be placed in public domain and provided through Public information Counters.  Public authorities have to play a vital role in dissemination of information in major public dealing offices.

Publication of suo motu information: Section 4(2) of the Act requires that every public authority shall make constant endeavor to take steps to provide as much information as possible suo motu to the public at regular intervals through various means of communications, including websites. 

Information to be placed in public domain: The details of information to be published by public authorities on their own has been laid down in section 4(1)(b), which is as under:

 

• the particulars of its organization, functions and duties;
• the powers and duties of its officers and employees;
• the procedure followed in the decision making process, including channels supervision and accountability;
• the norms set by it for the discharge of its functions;
• the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
• a statement of the categories of documents that are held by it or under its control;
• the particulars of any arrangement that exists for consultation with, or representation by, the members of the public in relation to the formulation of its policy or implementation thereof;
• a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public;
• a directory of its officers and employees;
• the monthly remuneration received by each of  its officers and employees, including the system of compensation as provided in its regulations;
• the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditure and reports on disbursements made;
• the manner of execution of subsidy program, including the amounts allocated and the details of beneficiaries of such program;
• particulars of recipients of concessions, permits or authorizations granted by it;
• details in respect of the information, available to or held by it, reduced in an electronic form;
• the particulars of facilities available to citizens for obtaining information, including the working hours of a library or reading room, if maintained for public use;
• the names, designations and other particulars of Public Information Officers;
• such other information as may be prescribed*.

* The Central Information Commission has issued numerous directions through their orders to place lot of information in public domain.

The above information needs to be displayed in the form of seventeen Manuals which should be updated every year.

Examples of these seventeen Manuals in respect of over hundred departments/organisations of GNCT of Delhi can be seen at one place at http://delhigovt.nic.in/rti/default.asp

Publication of facts affecting public: The Act further provides that the public authorities should disseminate information by publication of facts affecting people while formulating important policies or announcing the decisions. It should also provide reasons for taking various administrative or quasi-judicial decisions affecting the citizens.

The public authorities need to provide facility where the citizens may inspect the manuals, handbooks, guidelines used in decision-making.  Some office space may be provided for inspection of such documents. 

Wide dissemination of information: The Act also requires use of different modes of communication to ensure that information reaches the masses.  This will help in educating large rural and illiterate citizens.  This can be done through:-

• Notice boards
• Newspapers
• Public announcements
• Media broadcasts
• Internet or any other means

Inspection of Offices: As per explanation to section 4(4) inspection of offices of the public authority is permissible.  

Provide information in local language: It has been made mandatory under the Act that the information is to be provided to the people in local language.  It has been provided that provision of information should be cost effective. It should be widely disseminated as per local effective communication means such as notice boards, newspaper, public announcement etc.

Cost effectiveness: All materials shall be disseminated taking into consideration the cost effectiveness. It should be in local language and should be provided through the most effective method of communication in the local area. [Section 4(4)]

Electronic format: The information should be easily accessible, to the extent possible in electronic format with the Central/State Public Information Officer. [Section 4(4)].

It may be noted that apart from the record-creating agency other statutory bodies/constitutional bodies such as the Courts/Commissions/ can also summon the records. As such these need to be maintained systematically, failing which penal action can be taken by such authorities.

Dissemination of accurate information: The public authorities should disseminate accurate information about the activities performed by them. These should be available to the public well in time. The suo motu dissemination would reduce the number of applications under the Act.

It envisages that all the governments should compile a guide which should contain useful information for the public as well as for the program-implementing officers.

The Act reflects the seriousness of the government to open doors for access to information and records available with the government organisations. It calls for systematic management of all records.

Any act to destroy records in a clandestine manner without lawful authority attracts penal action in the form of fine and/or disciplinary action.

The foregoing provisions highlight the importance of record management by all government organisations as also the consequences which may have to be faced for want of non-compliance. 

FAQ

Q. 1 Can any action be taken against officers for non-compliance of the above provisions?

Ans.1 Yes. The Information Commissions have been examining the implementation status and issuing necessary directions.

Q. 2 Are inspections of offices being allowed?

Ans. Yes. In non-sensitive offices inspections have been carried out.