Educational and Training Program to Implement RTI Act

 Article

Educational and Training Program to Implement RTI Act 

The Right to Information. Act, 2005 is an important legislation to usher in an era of transparency and proactive governance. This can be achieved only through education and training of both the information seekers and the information providers i.e. the citizens and the bureaucracy.  The Act has created a pressure on the government and the public authorities to provide information to the applicants in a time bound manner. It also requires proactive dissemination of information through various modes including websites.  It calls for systematic improvements and changes in: 

·         Maintenance of official records and information,

·         Attitude & behaviour of government functionaries towards the citizens,

·         System of putting information in public domain, etc.,

·         Consultation with the stake holders on policy matters etc. 

It necessities proper sensitization of the officers and staff.  It also requires wide publicity amongst the masses through mass media campaigns on constant basis. The people living in remote corners specially the illiterate class need to be enlightened about its utility. They need to be encouraged to come forward to seek information and get their personal problems mitigated through its use.  

The respective governments need to intensify their educational and training programs within available financial and other resources. 

Educational Program: The Act requires that the appropriate government should develop and organize educational program to advance the understanding of the public, in particular of disadvantaged communities as to how to exercise the rights contemplated under this Act; [Section 26(1)(a)] 

The Government of NCT of Delhi has organized a large number of Bhagidari Workshop to educate the citizens through the Resident Welfare Associations, Industrial Houses, Business, Trade and Commerce Associations etc. They have been given intensive training about their right to get information and conduct social audit.  They have been enlightened about the salient features of both the central RTI Act, 2005 and the Delhi Right to Information Act, 2001. 

They have been imparted training in drafting RTI applications and appeals. Thousands of citizens have been trained through these workshop. They were encouraged to file RTI applications on the spot through the specially installed RTI counters at training spot itself. 

The government should encourage public authorities to participate in the development and organization of program. [Section 26(1)(b)] 

Training of Public Information Officer and other staff members: The Act requires that necessary training should be provided to the officers concerned with the implementation of the Act. Central and state governments should train Public Information Officer of public authorities and produce relevant training materials for use by the public authorities themselves. In pursuance of this provision RTI training for at least two sessions has been introduced in all training courses. 

Incentive scheme for self-learning: As the entire staff cannot be given intensive training within a short period, the Government of Delhi has decided to introduce some new concept to encourage the employees for “Self-learning of RTI Act 2005” with cash incentive. Accordingly a scheme of self-learning was devised by Administrative Reforms Department in 2010 with the approval of the Finance and Planning Departments. For details please see Article on Incentive Scheme forSelf-Learning of RTI Act for Officers and Staff. 

Compilation of guide in eighteen months: The Act requires that all governments should compile a guide within eighteen months. The Central and State Government shall, within eighteen months, compile in its official language 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 this Act. [Section 26 (2)] 

Publishing and updating of guidelines at regular intervals The Act provides that Central and State Governments shall, update and publish the guidelines at regular intervals, which shall include- 

    (i)        the objects of this Act;

  (ii)        the postal and street address, the phone and fax number and, if available, electronic mail address of the Public Information Officer of every public authority;

 (iii)        the manner and the form in which request for access to an information shall be made to Central/State Public Information Officer;

 (iv)   the assistance available from and the duties of the Central/State Public Information Officer of a public authority under this Act;

  (v)        the assistance available from the Central/State Information Commission;

 (vi)        all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by this Act including the manner of filing an appeal to the Commission;

(vii)        the provisions providing for the voluntary disclosure of categories of records;

(viii)      the notices regarding fees to be paid in relation to requests for access to an information; and

 (ix)        any additional regulations or circulars made or issued in relation to obtaining access to an information. [Section 26(3)]           

The Central and State Government must, if necessary update and publish the guidelines at regular intervals. [Section 26(4)] 

The government of Delhi has conducted more than five hundred training programmes for its officers and staff. Training about right to information has been made one of the subjects in many of the training modules. 

The RTI Act contains the following other major provisions: 

Protection of action taken in good faith: It provides that any act done in good faith is protected under the law and no suit or prosecution shall lie against any person for such actions. No suit, prosecution other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made there under. [Section 21] 

Act to have overriding effect: It contemplates that the Act would override any other Act/Rule or Order.  It calls for review of all such Acts and instruments administered and amendments be made thereto wherever necessary so that the points of conflict between the RTI Act and other Acts/Rules/Instructions etc. are avoided. 

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in the Official Secrets Act, 1923, and any other law for the time being in force or in any instrument having effect by; virtue of any law other than this Act. [Section 22] 

Bar of jurisdiction of Courts: The Act puts a bar on the lower courts from entertaining suits, application or other proceedings. However, the writ jurisdiction of higher courts cannot be taken away. It says that no court shall entertain any suit, application or other proceeding in respect of any order made under this Act and no such order shall be called in question otherwise than by way of an appeal under this Act. [Section 23]

 

Location: India

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