On

(April 16-20, 2012)

Course Director Addl.Course Director:Aarti Dudeja Lalit Kumar Assistant Prof. (Public Admin) Assistant Professor(FFM)HIPA, Gurgaon HIPA, Gurgaon

VENUE: HIPA COMPLEX (NEAR IFFCO CHOWK)PLOT NO. 76, SECTOR 18, GURGAON

Organized By: Sponsored By:Haryana Institute of Public Admin. DOPT, Govt. of India.76, Sector 18, Gurgaon

Phone : 0124-2340690 E-Mail: lalit_setia@yahoo.co.inFax: 0124-2348452 Website: hipaffm.webs.com

1

Contents

Sr.

No.

Topic Page

No.

1. Introduction 3-18

2. Procedures and Framing queries under RTI 19-29

3. Tips and Guidelines 30-33

4. Orders and Cases of RTI 34-37

5. RTI in Haryana – Manual 38-53

6. Haryana RTI Rules 2005 54-96

7. RTI Rules 2009 97-110

2

Chapter 1

Introduction

Right to Information Act, 2005

From Wikipedia, the free encyclopedia

This article is about the Indian federal law. For freedom of information in other

countries, see Freedom of information legislation.

This article may require cleanup to meet Wikipedia's quality standards. (Consider

using more specific cleanup instructions.) Please help improve this article if you

can. The talk page may contain suggestions. (July 2010)

This article needs additional citations for verification. Please help improve this

article by adding citations to reliable sources. Unsourced material may be

challenged and removed. (January 2011)

The Right to Information Act, 2005

An Act to provide for setting out the practical regime of right to information for citizens to

secure access to information under the control of public authorities, in order to promote

transparency and accountability in the working of every public authority, the constitution

of a Central Information Commission and State Information Commissions and for

matters connected therewith or incidental thereto.

Citation Act No. 22 of 2005

Territorial

extent

Whole of India except the State of Jammu and Kashmir

3

Enacted by Parliament of India

Date enacted 15-06-2005

Date assented

to

15-06-2005

Date

commenced

15-06-2005

The Right to Information Act 2005 (RTI) is an Act of the Parliament of India "to

provide for setting out the practical regime of right to information for citizens." The

Act applies to all States and Union Territories of India except the State of Jammu

and Kashmir. Jammu and Kashmir has its own act called Jammu & Kashmir Right to

Information Act, 2009. Under the provisions of the Act, any citizen may request

information from a "public authority" (a body of Government or "instrumentality of

State") which is required to reply expeditiously or within thirty days. The Act also

requires every public authority to computerize their records for wide dissemination

and to pro-actively publish certain categories of information so that the citizens need

minimum recourse to request for information formally. This law was passed by

Parliament on 15 June 2005 and came fully into force on 13 October 2005. [1]

Information disclosure in India was hitherto restricted by the Official Secrets Act 1923

and various other special laws, which the new RTI Act now relaxes. The formal

recognition of a legal right to information in India occurred more than two decades

before legislation was finally enacted, when the Supreme Court of India ruled in

State of U.P. v. Raj Narain that the right to information is implicit in the right to

freedom of speech and expression explicitly guaranteed in Article 19 of the Indian

Constitution.[2]

Contents

1 Framework

1.1 Freedom of Information Act 2002

1.2 State Level Laws

1.3 Right to Information movement

2 Scope

2.1 Private bodies

4

3 Right to Information

4 Process

4.1 Partial disclosure

5 RTInation

6 RTI Rates

7 Exclusions

7.1 Information Exclusions

8 Role of the government

9 Power to make rules

10 Residuary powers

11 Effects

11.1 A Great Change Maker

12 The Road A Head

12.1 Private Sector

12.2 Data Protection Law

12.3 Environmental Right to Information Law

12.4 Whistleblower protection Law

13 See Also

14 References

15 External links

Framework

Disclosure of State information in British India was (and is) governed from 1889 by

the Official Secrets Act. This law secures information related to security of the State,

sovereignty of the country and friendly relations with foreign states, and contains

provisions which prohibit disclosure of non-classified information. Civil Service

conduct rules and the Indian Evidence Act impose further restrictions on government

officials' powers to disclose information to the public.

Freedom of Information Act 2002

Passage of a national level law, however, proved to be a difficult task. Given the

experience of state governments in passing practicable legislation, the Central

Government appointed a working group under H. D. Shourie and assigned it the task

of drafting legislation. The Shourie draft, in an extremely diluted form, was the basis

5

for the Freedom of Information Bill, 2000 which eventually became law under the

Freedom of Information Act, 2002. This Act was severely criticized for permitting too

many exemptions, not only under the standard grounds of national security and

sovereignty, but also for requests that would involve "disproportionate diversion of

the resources of a public authority". There was no upper limit on the charges that

could be levied. There were no penalties for not complying with a request for

information. The FoI Act, consequently, never came into effective force..

State Level Laws

The RTI Laws were first successfully enacted by the state governments of —

Karnataka (2000), Goa (1997), Rajasthan (2000), Tamil Nadu (1997), Delhi (2001),

Maharashtra (2002), Assam (2002), Madhya Pradesh (2003), and Jammu and

Kashmir (2004). The Maharashtra and Delhi State level enactments are considered

to have been the most widely used. The Delhi RTI Act is still in force. Jammu &

Kashmir, has its own Right to Information Act of 2009, the successor to the repealed

J&K Right to Information Act, 2004 and its 2008 amendments

Right to Information movement

In early 1990s Mazdoor Kisan Shakti Sangathana began a movement to− bring in

transparency in village accounts. Initially, MKSS lobbied government to obtain

information such as master rolls (employment and payment records) and bills and

vouchers relating to purchase and transportation of materials. This information was

then crosschecked at Jan Sunwais (public hearings) against actual testimonies of

workers. The public hearings were incredibly successful in drawing attention to

corruption and exposing leakages in the system.[3] Success of MKSS became a

source of inspiration for activists in India and led to the genesis of a broader

discourse on the right to information in India. In 1993, a first draft RTI law was

proposed by the Consumer Education and Research Council, Ahmedabad (CERC).

In 1996, the Press Council of India headed by Justice P B Sawant presented a draft

model law on the right to information to the Government of India. The draft model law

was later updated and renamed the PCI-NIRD Freedom of Information Bill 1997.

MKSS's advocacy gave rise to the National Campaign on People's Right to

Information (NCPRI), which was formed to advocate for the right to information at the

national level. In 1997 efforts to legislate for the right to information, at both the State

and National level, quickened. A working group under the chairmanship of Mr. H D

6

Shourie (the Shourie Committee) was set up by the Central Government and given

the mandate to prepare draft legislation on freedom of information. The Shourie

Committee's Report and draft law were published in 1997. The Shourie Committee

draft law passed through two successive governments, but was never introduced in

Parliament. In 1999 NDA minister Mr Ram Jethmalani, then Union Minister for Urban

Development, issued an administrative order enabling citizens to inspect and receive

photocopies of files. Shourie Committee draft law was reworked into the Freedom of

Information Bill 2000. It was passed in December 2002 and received Presidential

asset on January 2003, as the Freedom of Information Act 2002. [4] In 1998, during

the Rajasthan State elections the Congress Party promised in its election manifesto

to enact a law on right to information if it came to power. Following their election, the

Party appointed a committee of bureaucrats to draft a bill on the right to information.

As the Committee was comprised only bureaucrats, stong objections were raised by

civil society organisations, following which the members of MKSS and National

Campaign for Peoples Right to Information were invited to assist in drafting the bill.

MKSS and NCPRI conducted a host of consultations in each divisional headquarters

of the State. Drawing on the input from these consultations, a draft civil society Right

to Information Bill was prepared, which was then submitted to the Committee. The

Committee drew on the citizens draft Bill for its recommendations, but refused to

accept the Bill in toto. The Rajasthan Right to Information Act 2000 was eventually

passed on 11 May 2000. The Act in its final form retained many of the suggestions of

the RTI movement, but diluted others.[5] In the early 2000s Anna Hazare led a

movement in Maharashtra state which forced the state government to pass a

stronger Maharashtra Right to Information Act. This Act was later considered as the

base document for the Right to Information Act 2005 (RTI), enacted by the Union

Government. It also ensured that the President of India assented to this new Act. [6]

Law professor Alasdair Scott Roberts said:

The state of Maharashtra – home to one of the world's largest cities, Mumbai,

adopted a Right to Information Act in 2003, prodded by the hunger strike of

prominent activist, Anna Hazare. ("All corruption can end only if there is freedom of

information," said Hazare, who resumed his strike in February 2004 to push for

better enforcement of the Act).[7]

7

In 2004, under the leadership of Sonia Gandhi, the Congress party won the national

elections and formed the central government. Aruna Roy was inducted into the

National Advisory Committee (NAC), an extremely powerful but extra-constitutional

quasi-governmental body headed by Sonia Gandhi which effectively supervises the

working of the common minimum program of UPA II . [8] Aruna Roy submitted a paper

recommending amendments to the 2002 Freedom of Information Act to the NAC

which in turn sent by it to the Prime Minister's Office. The Right to Information Bill

2004 (RTI Bill 2004) was tabled on 23 December during the winter session of the

Lok Sabha. The RTI Bill 2004 was based largely on recommendations submitted to

the Government by the NAC which was passed by the Indian parliament in 2005. [9]

On 20 July 2006 the Union Cabinet amended the Right to Information Act 2005 to

exclude the file noting by the government officials from its purview. Hazare began his

fast unto death on 9 August 2006 in Alandi against the proposed amendment. He

ended his fast on 19 August 2006, after the government agreed to change its earlier

decision.[10]

Scope

The Act covers the whole of India except Jammu and Kashmir, where J&K Right to

Information Act is in force. It is applicable to all constitutional authorities, including

the executive, legislature and judiciary; any institution or body established or

constituted by an act of Parliament or a state legislature. It is also defined in the Act

that bodies or authorities established or constituted by order or notification of

appropriate government including bodies "owned, controlled or substantially

financed" by government, or non-Government organizations "substantially financed,

directly or indirectly by funds" provided by the government are also covered in it.

Private bodies

Private bodies are not within the Act's ambit directly. In a landmark decision of 30-

Nov-2006 ('Sarbajit Roy versus DERC') the Central Information Commission also

reaffirmed that privatized public utility companies continue to be within the RTI Act-

their privatization not withstanding.

Right to Information

The Act empowers every citizen to:

Ask any questions from the Government or seek any information.

Take copies of any governmental documents.

8

Inspect any governmental documents.

Inspect any Governmental works.

Take samples of materials of any Governmental work.

or

Process

Under the Act, all authorities covered must appoint their Public Information Officer

(PIO). Any person may submit a request to the PIO for information in writing. It is the

PIO's obligation to provide information to citizens of India who request information

under the Act. If the request pertains to another public authority (in whole or part), it

is the PIO's responsibility to transfer/forward the concerned portions of the request to

a PIO of the other within 5 working days. In addition, every public authority is

required to designate Assistant Public Information Officers (APIOs) to receive RTI

requests and appeals for forwarding to the PIOs of their public authority. The

applicant is not required to disclose any information or reasons other than his name

and contact particulars to seek the information. "ApplyRTI" [6] and "Rtination" [7] are

the online system which facilitates the filing of RTI (Right To Information Act, India)

applications online. It aims primarily at minimizing the time taken and effort required

in filing an application. The Act specifies time limits for replying to the request.

If the request has been made to the PIO, the reply is to be given within 30

days of receipt.

If the request has been made to an APIO, the reply is to be given within 35

days of receipt.

If the PIO transfers the request to another public authority (better concerned

with the information requested), the time allowed to reply is 30 days but

computed from the day after it is received by the PIO of the transferee

authority.

Information concerning corruption and Human Rights violations by scheduled

Security agencies (those listed in the Second Schedule to the Act) is to be

provided within 45 days but with the prior approval of the Central Information

Commission.

However, if life or liberty of any person is involved, the PIO is expected to

reply within 48 hours.

9

Since the information is to be paid for, the reply of the PIO is necessarily limited to

either denying the request (in whole or part) and/or providing a computation of

"further fees". The time between the reply of the PIO and the time taken to deposit

the further fees for information is excluded from the time allowed. If information is not

provided within this period, it is treated as deemed refusal. Refusal with or without

reasons may be ground for appeal or complaint. Further, information not provided in

the times prescribed is to b e provided free of charge. For Central Departments as of

2006, there is a fee of 10 for filing the request, 2 per page of information and 5 for

each hour of inspection after the first hour. If the applicant is a Below Poverty Card

holder(BPL), then no fee shall apply. Such BPL Card holders have to provide a copy

of their BPL card along with their application to the Public Authority. States

Government and High Courts fix their own rules.

Partial disclosure

The Act allows those part(s) of the record which are not exempt from disclosure and

which can reasonably be severed from parts containing exempt information to be

provided.

RTInation

RTInation is an online system which, for a fee, facilitates the filing of RTI applications

online. It primarily aims at minimizing time taken and effort required in filing an

application. Typically a PIO needs to reply within 30–40 days of receiving an

application. Assistance is also provided for submitting further appeals.

The portal also provides information about the Right To Information Act, 2005, it

hosts a forum to discuss issues of common interest, directions on drafting a good

application. It stocks sample applications, success stories of applications filed so far

and several FAQ's.

RTI Rates

1. Application Fee The application for obtaining information under sub-section (1) of

section 6 of RTI Act, 2005, must be accompanied by prescribed application fee

drawn in favour of Rural Electrification Corporation Ltd. payable at the local office

where the application has been submitted. At present the application fee, which is

subject to change from time to time, is as under:- Application fee : Rs. 10/- (Rupees

ten only) Mode of payment: By cash against proper receipt or by demand

draft/banker's cheque/Indian Postal Order drawn in favour of ‘Rural Electrification

10

Corporation Ltd.’ payable at local office where the application is submitted. Persons

who belong to BPL category are not required to pay the application fee provided

necessary documents in support are produced. 2. Additional Fee In case it is

decided to provide the information, the applicant shall be informed of the additional

fees required to be deposited by him/her for the information sought and information

shall be furnished after the deposit of the fee by the Requester, as per the Act. In

accordance to directives given in the above mentioned Gazette notification dated

16/09/2005, for providing the information under sub-section (1) of Section 7, an

additional fee shall be charged. At present, the applicable rates, which are subject to

change from time to time, are given as under,:- a. For each page (in A-4 or A-3 size

paper) created or copied Rs. 2/- per page b. For a copy in larger size paper Actual

charge or cost price c. For samples or models Actual cost or price d. For inspection

of records No fee for the first hour; Rs.5/hr. thereafter Further, for providing the

information under sub-section (5) of Section 7, the fee shall be charged at the

following rates:- a. For information provided in diskette or floppy Rs. 50/-(Rupees fifty

only) per diskette or floppy b.For information provided in printed form At the price

fixed for such publication or Rs.2/- per page of photocopy for extracts from the

publication The mode of payment of above mentioned additional fees shall be the

same as application fee.

Exclusions

Central Intelligence and Security agencies specified in the Second Schedule like

IB,Directorate General of Income tax(Investigation), RAW, Central Bureau of

Investigation (CBI), Directorate of Revenue Intelligence, Central Economic

Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation

Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam

Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The

Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep

Police. Agencies specified by the State Governments through a Notification will also

be excluded. The exclusion, however, is not absolute and these organizations have

an obligation to provide information pertaining to allegations of corruption and human

rights violations. Further, information relating to allegations of human rights violation

could be given but only with the approval of the Central or State Information

Commission

11

Information Exclusions

The following is exempt from disclosure [S.8)]

Information, disclosure of which would prejudicially affect the sovereignty and

integrity of India, the security, "strategic, scientific or economic" interests of

the State, relation with foreign State or lead to incitement of an offense;

Information which has been expressly forbidden to be published by any court

of law or tribunal or the disclosure of which may constitute contempt of court;

Information, the disclosure of which would cause a breach of privilege of

Parliament or the State Legislature;

Information including commercial confidence, trade secrets or intellectual

property, the disclosure of which would harm the competitive position of a

third party, unless the competent authority is satisfied that larger public

interest warrants the disclosure of such information;

Information available to a person in his fiduciary relationship, unless the

competent authority is satisfied that the larger public interest warrants the

disclosure of such information;

Information received in confidence from foreign Government;

Information, the disclosure of which would endanger the life or physical safety

of any person or identify the source of information or assistance given in

confidence for law enforcement or security purposes;

Information which would impede the process of investigation or apprehension

or prosecution of offenders;

Cabinet papers including records of deliberations of the Council of Ministers,

Secretaries and other officers;

Information which relates to personal information the disclosure of which has

no relationship to any public activity or interest, or which would cause

unwarranted invasion of the privacy of the individual (but it is also provided

that the information which cannot be denied to the Parliament or a State

Legislature shall not be denied by this exemption);

Notwithstanding any of the exemptions listed above, a public authority may

allow access to information, if public interest in disclosure outweighs the harm

to the protected interests. (NB: This provision is qualified by the proviso to

12

sub-section 11(1) of the Act which exempts disclosure of "trade or commercial

secrets protected by law" under this clause when read along with 8(1)(d))

Role of the government

Section 26 of the Act enjoins the central government, as also the state governments

of the Union of India (excluding J&K), to initiate necessary steps to:

Develop educational programs for the public especially disadvantaged

communities on RTI.

Encourage Public Authorities to participate in the development and

organization of such programs.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a User Guide for the public in the respective official

language.

Publish names, designation postal addresses and contact details of PIOs and

other information such as notices regarding fees to be paid, remedies

available in law if request is rejected etc.

Power to make rules

The Central Government, State Governments and the Competent Authorities

as defined in S.2(e) are vested with powers to make rules to carry out the

provisions of the Right to Information Act, 2005. (S.27 & S.28)

Residuary powers

If any difficulty arises in giving effect to the provisions in the Act, the Central

Government may, by Order published in the Official Gazette, make provisions

necessary/expedient for removing the difficulty. (S.30)

Effects

In the first year of National RTI, 42,876 (not yet official) applications for information

were filed to Central (i.e. Federal) public authorities. Of these 878 were disputed at

the final appellate stage - the Central Information Commission at New Delhi. A few of

these decisions have thereafter been mired in further legal controversy in the various

High Courts of India. The first stay order against a final appellate decision of the

Central Information Commission was granted on 3.May.2006 by the High Court of

Delhi in WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information

Commission & Ors". The Government of India's purported intention in 2006 to

13

amend the RTI Act was postponed after public disquiet, but has been revived again

in 2009 by the DoPT.

A Great Change Maker

Right to Information is a fundamental human right, crucial to human development,

and a prerequisite for the realization of other human rights: civil and political rights

such as the right to life and liberty, freedom of expression, and equality before the

law; and economic, social and cultural rights such as right to adequate food, right to

water, right to highest attainable standard of health, right to education. As seen from

these examples, RTI has become a friend in need, making life easier and honorable

for common people and empowers them to request and access public services

successfully.[11]

Eight year old Aishwarya wrote a three-point application to the public information

officer (PIO) of the Chief Minister’s office seeking an answer to why the garbage is

being dumped in front of her school[12]

Nine year old Pranav forced Delhi police to register a First Information Report (FIR)

to trace his lost bicycle by filing an application under the RTI Act.3 70 year old

Kaniram got his entitlements of food grain under Public Distribution System (PDS)

that was denied to him for one year.

People from Golaghat finds an enquiry team has detected huge quantities of rice and

sugar stored in an unauthorised manner. After RTI disclosure, a large-scale

diversion of food materials meant for people living below poverty line was

discovered. [13]

The Road A Head

Ever since the U.N. General Assembly recognized freedom of information as a

fundamental human right in 1946, many nations started adopting laws assuring right

to access information held by public authorities. So far more than 80 countries have

enacted freedom of information laws.

Private Sector

“Public authority” defined under sub-section (h) of section 2 should include:

‘Organisations in the private sector, which exercise functions of a public nature’. This

measure will facilitate the right to information pronounced by Section 6 (b) of the

Consumer Protection Act 1986.

Data Protection Law

14

We do not have a separate law to obtain personal information related to the

requester himself. The RTI Act is being used for both purposes, i.e. to obtain

personal information as well as non-personal information, which sometimes creates

confusion.

Environmental Right to Information Law

Environmental Right to information laws provide access to environmental information

with fewer exceptions, subject to public interest test covering private bodies.

Environmental Information Regulations 2004 are in force in U.K.

Whistleblower protection Law

See also: Whistleblower protection in India

A whistleblower is defined as someone who exposes wrongdoing, fraud, corruption

or mismanagement. In many cases, this could be a person who works for the

government who would report misconduct within the government or it could be an

employee of a private company who reports corrupt practices within the company.

The law that a government enacts to protect such persons who help expose

corruption is called a whistleblower protection law.[14]

Since 2010, a number of RTI Activists have been attacked or murdered. Asian

Center of Human rights claims RTI activists are the most vulnerable human rights

defenders (HRDs) of India.[15]. ACHR is seeking enforced government laws for

protection of whistle-blowers.

Several countries have already put in place laws to protect whistleblowers or are in

the process of doing so. However, the level of protection and the way in which the

law operates differs from country to country. For instance, the US was one of the

earliest to have the Whistleblower Protection Act of 1989, while the UK has the

Public Interest Disclosure Act of 1998, and Norway has a similar law in place since

January 2007.[14]

See Also

Attacks on RTI Activist in India

Whistleblower protection in India

Citizen's Charter and Grievance Redressal Bill 2011

References

15

1. ^ The effective date is often incorrectly referred to as 12 October 2005.

The Act actually came to force on the midnight between the 12th and 13th,

which means that it came into effect from the 13th onwards.

2. ^ [1]

3. ^ [2]

4. ^ [3]

5. ^ [4]

6. ^ Florini, Ann. The Right to Know: Transparency for an Open World.

New York: Columbia University Press. p. 24. ISBN 978-0-231-14158-1.

http://books.google.com/books?

id=hSaXTqOv6rAC&pg=PA24&dq=Anna+Hazare+RTI+movement&hl=en&ei=

HUOdTc_vH8XPrQeF_v2jAw&sa=X&oi=book_result&ct=result&resnum=2&ve

d=0CC8Q6AEwAQ#v=onepage&q=Anna%20Hazare%20RTI

%20movement&f=false.

7. ^ Roberts, Alasdair. Blacked Out: Government Secrecy in the

Information Age. Cambridge University Press. p. 3. ISBN 9780521858700.

http://books.google.com/books?

hl=en&lr=&id=FtmydcQkMx0C&oi=fnd&pg=PP15&dq=Anna+Hazare&ots=8Lo

AuXzMRk&sig=xuKQ3H7Ch16dfoZRAz4b31yV9CM#v=onepage&q=Anna

%20Hazare&f=false.

8. ^ Visionaries: The 20th Century's 100 Most Important Inspirational

Leaders, by Satish Kumar, Freddie Whitefield. Published by Chelsea Green

Publishing, 2007. ISBN 1933392533. Page 139.

9. ^ [5]

10. ^ "Anna Hazare calls off fast on RTI amendment". The Times of India.

19 August 2006.

http://articles.timesofindia.indiatimes.com/2006-08-19/india/27813455_1_rti-

amendment-anna-hazare-anti-corruption-crusader. Retrieved 11 April 2011.

11. ^ Center for Good Governance

12. ^ No childs play this

13. ^ After RTI disclosure, raids reveal PDS rice in godown

14. ^ a b India doesn't have a law to protect whistleblower

15. ^ RTI Activists Sitting Ducks of India

16

External links

Government of India links

CIC - The Central Information Commission is empowered to decide

complaints and appeals arising from use of the Right to Information

Act, 2005.

CIC Online - New website of the Central Information Commission.

DoPT - The Department of Personnel and Training, Ministry of

Personnel, Public Grievances, and Pensions, is charged with being the

nodal agency for the Right to Information Act, 2005. It has the powers

to make rules regarding appeals, fees, etc.

Right to Information Act Portal

Complete text of the Right to Information Act

Online groups discussing the Right to Information Act

RTI Activists Forum Online Assistance from RTI Activists

http://www.rtination.com RTINATION, Online discussion group for RTI

activists

RTI INDIA, Online community portal for Right to Information

RTI INDIA Yahoo RTI e-group

Online News & works of RTI Activists

RTI Activist News is a News portal where news,views and articles from Right

to Information Activist and General Public across India are published, RTI

Activist's and all citizens can send in their findings in the form of Articles and

News along with the evidences which is published,without any edit,This

website aims and works not just as a forum, but a place for delivering details

of happenings across India which are revealed under Right to Information Act

and Peoples struggles by the Activists, Along with related News which effects

the common Man.

RTI Application Forms Please download forms for filing RTI Application

Online filing of RTI Application

www.applyrti.com File RTI instantly online.

www.getup4change.org Website for the collation of Information Retrieved

through Indian RTI and file RTIs Anonymously.

17

Wikify India Initiative to publicly describe procedures of various government

departments for common citizen services, like RTI applications, issue of

passports, driving licenses etc, "to make navigation through India’s mind-

numbing bureaucracy easier."

Ushering in Transparency for Good Governance Centre for Good

Governance, Government of Andhra Pradesh (GoAP)

Case Studies and Success Stories Sakshi Trust

[show]

Corruption in India

[show]

Freedom of information legislation by

country

Retrieved from "http://en.wikipedia.org/w/index.php?

title=Right_to_Information_Act,_2005&oldid=487791379"

18

Chapter 2

Procedures and Framing queries under RTI1

When and how should RTI be used? What are the steps involved in filing an RTI

application, receiving information, preferring appeal, exposing corruption, etc.? All

such questions are answered in a logical and easy-to-understand manner. A step-by-

step path is laid out for you, supplemented by relevant formats & desirable forms.

You are also given tips on framing questions, a very important aspect, so you can

avoid pitfalls on the path of RTI.

We strongly recommend that before you go through this chapter, you read "Intro to

RTI for Beginners" to make a fairly good practical use of the Right to Information Act,

2005.

Step 1 - Research or complain

Before you file an RTI application, you must thoroughly explore the content on the

website of the concerned Public Authority. You may find the information there that

you desire. This will save you and and the PIO a lot of trouble and money.

You may want to start by filing a complaint about your grievance, and then follow it up

after about 10-15 days with an RTI application seeking details of the action taken on

it.

Step 2 - Filing an RTI application

Citizens normally take to the RTI route after exhausting all other avenues. The RTI

journey begins with filing an application. It is filed under section 6(1) but you don't

have to mention this section.

Format

1. You can apply on a plain paper or on a letter head in English, Hindi or local

language.

2. You may also choose to use the form designed by us. Go to the Downloads

section.

1 The data is taken from http://www.nyayabhoomi.org/right-to-information/step-by-step-procedures and http://www.nyayabhoomi.org/right-to-information/how-to-frame-queries

19

3. The RTI Act says that you can apply electronically but you should ignore that

provision because there are many practical difficulties, least of all the problem

with paying the fee.

Finding the right PIO

1. Visit the website of the Public Authority for the name, designation and address

of the correct PIO. Look for "RTI" or "Right to Information" link or icon.

2. Also visit http://rti.gov.in. Many central government departments are listed on

this website.

3. Visit the official portal of the state government and the State Information

Commission. You may find PIO details of many departments there.

4. Visit the local office of the concerned Public Authority and try to obtain PIO

details.

5. If you can't find RTI link on the website of the concerned department, learn to

use Google's advanced search facility. This will unearth hidden and deep-

buried content on the website. For example, type the following in Google's

search box:-"right to information" site:http://www.sitename.com OR, rti

site:http://www.sitename.com.

6. If there are multiple PIOs in a department and you are not sure who is the right

one, just send your application to any one and he will either collect and provide

you the information himself or forward it to the right PIO under intimation to

you.

7. In case the Public Authority has not appointed a PIO or you are unable to find

one in spite of your best efforts, prepare your application addressed to the

"Public Information Officer". Write a covering letter addressed to the head of

the department, requesting him to forward it to the PIO. Address the envelope

to the head of the department and send it by Regd./Speed Post so that it gets

accepted at the other end.

Fee

1. Your application must be accompanied by fee. For details of fee structure for

different States and the Centre, please visit "Fees, Rules, Commissions".

2. On the above page, you will also find the mode of payment for different States

and the Centre.

3. If you are paying by postal order, make sure that you write in your application

20

as follows - "I am leaving the 'pay to' field blank. Please fill it in yourself."

Submitting application

1. The easiest method of submitting an application is through Registered or

Speed Post accompanied by Postal Order. Don't use a courier because it is

not a legally acceptable proof of delivery.

2. Second easiest method is to submit it at a Post Office and pay the fee in cash.

Many post offices across the country act as APIOs for most of the central

government Public Authorities.

3. The last method is to go to the offices of the Public Authority and meet either

the PIO or the APIO and deposit your application along with the appropriate

fee either in cash or through postal order. Often, there is a desk or a clerk

deputed for the purpose of receiving such applications. Try to obtain

acknowledgment on the photocopy of the application as well as a receipt for

the fee.

Step 3 - PIO writes to you or he does not reply at all

The PIO replies to you under section 7(1). He may write to you in a number of ways.

He may provide you the information, provide you partial information, reject your

application on valid or invalid grounds or ask for deposit of further fee. Some of the

key scenarios are explained below.

Application transferred

1. If the transfer is justified, simply wait for information from the transferee PIO.

2. If the transfer is not done within 5 days, file a complaint under section 18 with

the Information Commission.

Citizenship proof demanded

1. File another RTI application before the same PIO and request information as

to the number of applications received by him since he became a PIO, the

number of cases in which he demanded proof of citizenship and the reasons

for demanding proof of citizenship in each case.

2. Also file a complaint under section 18 with the Information Commission.

3. If the information is of urgent nature, you may submit proof of citizenship but

also lodge complaint under section 18. To avoid vindictiveness on the part of

the PIO, the RTI application mentioned at point 1 may be filed on behalf of a

21

friend.

No reply

1. If no reply is received within 40 days, prefer first appeal.

2. Also file a complaint under section 18 with the Information Commission.

Partial information supplied

1. If you are not satisfied, go for first appeal.

2. If partial information is supplied and fee is demanded for the rest, you can

either pay or prefer an appeal.

Demand for further fee

1. If the PIO demands further fee, he has to

1. show complete calculation as to how he arrived at this figure,

2. state that you have the right to review of fee,

3. advise you the name, designation and address of the person before

whom you can request a review, and

4. tell you the process and time frame for review of the fee.

2. You should normally pay fee within 15 days.

3. In case of any grievance, you can prefer first appeal against the fee or against

the reply itself.

Incorrect information supplied

1. Prefer first appeal.

Correct and comprehensive info provided

1. Write a letter of thanks to the PIO as a matter of courtesy. You may also need

his service/assistance later in life.

Step 4a - Preferring First Appeal

First appeal is preferred under section 19(1).

Important points to remember

1. Always give the benefit of doubt to the PIO and wait for extra 10 days to allow

for the transit time. Governments work slowly.

2. Write your preliminary comments as well as para-wise comments on the reply

of the PIO. That makes it easier for the Appellate Authority (AA) to deal with

your appeal.

Finding the right Appellate Authority (AA)

1. If the PIO has sent you any communication, he may have included the details

22

of the first AA. He is duty bound to include this information if he has rejected

part or whole of your request.

2. Or, visit the website of the Public Authority for the name, designation and

address of the correct AA.

3. Also visit http://rti.gov.in. Many central government departments are listed on

this website.

4. If there are multiple AAs and you are not sure which one is correct AA for you,

just send it to any one. He will either deal with your appeal himself or forward it

to the right AA under intimation to you.

5. In case you don't find any AA at all, send the appeal addressed to the "First

Appellate Authority" with a covering letter addressed to the PIO, telling him

that since he has not provided the details of the AA, he can forward it to the

correct AA.

Format

1. You can apply on a plain paper or on a letter head in English, Hindi or local

language.

2. You may also choose to use the form designed by us. Go to the Downloads

section.

3. You may email first appeal together with enclosures in scanned format. Mark a

copy to rti@nyayabhoomi.org so that there is a record that it was actually

sent. We keep such a record forever.

Suggested "Relief Sought"

1. The information sought be provided immediately free of cost.

2. Compensation be provided for not supplying me information within the

prescribed time limit.

3. Disciplinary action be initiated against erring officers for not complying with the

law.

Fee

1. There is no fee for first appeal.

2. Many states have prescribed a nominal fee for first appeal. This is illegal and

should be challenged in the respective High Court.

Submitting appeal

1. The easiest method of submitting an appeal is through Registered or Speed

23

Post. Don't use a courier because it is not a legally acceptable proof of

delivery.

2. Or, go to the offices of the Public Authority and deposit it. Do obtain

acknowledgment on the photocopy of the appeal.

Step 4b - Lodging Complaint with the Central/State Information Commissioner

1. A cause may arise at any point in the whole process of using the RTI.

2. There is no prescribed format for lodging a complaint, but we strongly

recommend that you use the template designed by us. Go to the Downloads

section. This is similar to the format for second appeal but certain unnecessary

portions have been discarded.

3. Follow all steps described for preferring 2nd appeal, subsequent hearing,

decision, etc.

Step 5 - Hearing in First Appeal

1. Some AAs may call you for a hearing, whilst many other do not. If you do not

attend the hearing, a decision will be given in your absence on the basis of

documents/merit.

2. If you go for a hearing, take all relevant documents with you.

3. Do not come under pressure to withdraw any part of the application or appeal.

4. Remember that AA is the boss of the PIO and both are likely to be well-

wishers of each other.

5. Try to avoid bringing your grievance into the picture. Focus on the technical

and legal points and the information you have sought. If, however, you feel

that the hearing is an opportunity to get your grievance resolved or get justice,

use the opportunity. Remember that the AA is a fairly senior person in that

department and carries a lot of influence who can get your grievance resolved.

6. If the information is important but not urgent and you feel that the PIO has no

vested interest in the information, be kind to him and allow him more time.

7. Finally, what is important is the "Decision" which you may receive within 3 to

15 days.

Step 6 - Preferring Second Appeal in Central/State Information Commission

Second appeal is preferred under section 19(3).

Format

1. Correct format is not necessary but desirable. Information Commissions are

24

known to reject a large percentage of appeals due to their non-conformity with

the format and compliance to regulations.

2. We strongly recommend that you use the template designed by us. Go to the

Downloads section. All the nonsense such as verification, certificate, double-

spacing etc. are incorporated.

3. Online filing of appeals is still at a nascent stage. We do not recommend it yet.

4. Copy of every annexure attached to the original copy should be self-attested.

Drafting tips

1. Make all PIOs Respondents. You may also like to include AA as a

Respondent.

2. If there has been no response from the PIO and the AA, you must also include

proof of dispatch/delivery of the application/appeal.

Suggested "Relief Sought"

1. Complete and comprehensive information be provided to the Appellant in one

batch free of cost immediately.

2. Compensation be provided to the Appellant u/s 19(8)(b) for not supplying

information within the prescribed time limit.

3. U/s 19(8)(b), the Public Authority be ordered to reimburse the Appellant

towards traveling and lodging-boarding expenses for attending the hearing.

Disciplinary action be recommended against the Respondent(s) u/s 20(2).

4. Penalty be imposed on the PIO u/s 20(1).

5. An entry in service book/annual appraisal report of the concerned PIO & FAA

be made for defying the provisions of the Act.

Where to send

1. For all central government Public Authorities, send your appeal to the Central

Information Commission. For Public Authorities of state govt., send it to

respective State Information Commission.

Fee

1. No fee is payable.

How to submit

1. Send a copy to every Respondent.

2. Send the original + copy to the Information Commission.

25

3. No fee is payable.

Step 7 - Pursuing Information Commission for Status

1. Almost all Information Commissions are inefficient and known to lose your files

- sometimes even before your appeal gets registered.

2. Some Information Commissions have the facility to check the status of your

appeal online.

3. You may send reminders through Registered or Speed Post every 2-3 weeks.

4. If you are not getting any response, file an RTI application with the Information

Commission and ask for the status of your appeal.

5. Visit the Commission and check with the officials.

6. Finally, sit on a dharna outside the Information Commission and shame the

officials into giving you the status of your appeal. In Delhi, we may sit with you.

Step 8 - Hearing in Second Appeal

1. In most cases, you will be called for a hearing which you must try to attend. If

you do not attend, a decision will be given in your absence on the basis of

documents/merit.

2. If you go for the hearing, take all relevant documents with you.

3. Some Information Commissioners may try to intimidate you. Don't be.

4. Try to avoid bringing your grievance into the picture. Focus on the technical

and legal points and the information you have sought.

5. If the information is important but not urgent and you feel that the PIO has no

vested interest in the information and has generally acted honestly and

diligently, be kind to him and allow him more time.

6. Finally, what is important is the "Decision" which you should receive within 7 to

30 days.

7. Some Information Commissions post most of their decisions on their website.

Keep checking the website to see if your decision has been posted.

Step 9 - If You do not Get Information Even After Commission's Order

You still don't get information even after Commission's order

1. Wait for the number days granted by the Commission to the PIO + 10 days

and then write a complaint-letter to the Commission. Seek imposition of

penalty and disciplinary action against the PIO.

2. If the Commission does not respond within two months, go to the High Court of

26

your state by way of a writ.

Not satisfied with the Commission's order

1. Ask for a review by writing a detailed letter to the Chief Information

Commissioner. Clarify why you think a review is necessary.

2. Or, go to the High Court of your state.

3. Or, plan public/people's action against the Commission, especially if the

Information Commission has been clearly biased and rude and has either

threatened or intimidated you.

How to frame queries

Know Public Authority

The more you already know about the functioning of the government in general and

the concerned public authority in particular, the more effective your questions will be.

So try to get the application vetted by someone who is from within the system.

Write a summary - if necessary - of the background. This summary is only meant to

clarify what information you are requesting. Provide all relevant information already

available with you on the subject to PIO to facilitate early locating of records at his

end.

Format

1. Write your queries in the form of a numbered list so that the PIO can provide

information in the same sequence. This numbering should be ideally

maintained at all levels including first appeal, second appeal, complaints, etc.

2. You may write as many paras or sub-paras as you want in a single application.

There is no limit to the amount of information you may seek in a single

application. The initial fee payable will remain the same. Having said this, it is

advisable to break an application into smaller parts according to subjects. This

will help both the PIO in providing the information and you in keeping track of

what is received.

3. Each point/para should deal with just one piece of information or work or

record. You may write sub-paras or sub-points.

4. Be firm but polite. Do not take out your anger in the RTI application. Focus on

the need for information and ask for it in a courteous manner.

Writing queries

1. Be specific about the information you need, or the work and records that you

27

want to inspect, or the certified samples of materials that you want to collect.

2. Don't be overzealous and add queries which may confuse the PIO and will not

be of much use to you.

3. If you know the sections of RTI act or decisions of CIC/SIC which are in favour

of your query, do mention the same at the end of respective queries. For

example... (refer to CIC decision No. ........ dated .......)

4. Since the RTI Act defines information as "any material in any form", some

PIOs and Information Commissioners interpret it narrowly and do not entertain

your requests that are in the form of questions which begin with "why, where,

how, explain" etc. They state that you cannot ask for Advice, Explanations,

Opinions or Roving inquiries. It is, therefore, suggested that you phrase your

request in a manner that it doesn't look like a question. For example, instead

of asking "How long will the process of verification take", you should write

"According to your citizens charter, please advise the number of days or the

amount of time it takes at each stage for the purpose of verification." Similarly,

instead of asking the question "Why have you not repaired the roads?", you

should ask for (i) copy of the contract, (ii) samples of material from five

locations of your choice of a road (to test and compare with specifications), (iii)

names and contact details of the officials who certified the quality of the road,

and (iii) budgetary or financial information indicating how much money has

been allocated, spent or paid. By putting together all of the above information,

you can draw conclusions and expose corruption, if any.

5. It often becomes impossible to avoid asking questions. Go ahead and ask.

Nothing stops you. And then fight the PIO tooth and nail all the way to the High

Court if he refuses to answer your simple queries such as "Has any action

been taken on my complaint so far?". There is no better way of seeking this

information other than by way of asking this simple question. A Commissioner

or a Judge with common sense will know this.

Purpose in mind

Focus sharply on the purpose of seeking information in the first place. Frame your

queries in a way that it will make it impossible for the public authority to wriggle out.

They might just want to help serve your purpose instead of providing information.

Often, it is also a good strategy to ask for information which is not relevant to your

28

issue but which will force the PIO to take into account the true intent behind seeking

information.

Which Rules to follow

1. Your place of residence is of no relevance when deciding which rules are to be

followed.

2. If you want information from public authorities which are part of the Central

Government, then follow the rules of Central Government irrespective of the

location of the office of Public Authority. For example, all branches of the State

Bank of India will follow Central Government's rules.

3. If you want information from a Public Authority which is part of a State

Government, you need to follow rules of that state. For example if you want

details of an emporium owned by Tamilnadu Government but which is situated

in Delhi, you have to follow the rules of Tamilnadu Government.

4. In the case of High Courts and the Supreme Court, rules specially framed by

these authorities will have to be followed, while applying for information from

these Courts.

29

Chapter 3

Tips and Guidelines2

A major cause of our disillusionment with the system lies in our failure to assert our

rights. When a government officer expects bribe, or gives us a below par receipt

against money tendered, or does not perform his duties diligently, we fail to report the

matter to his superiors. We never complain; because we think nothing will come out

of it. We accept things as they are; because we think that the things will not change.

In other words, we do not walk because we have no hope of reaching the destination.

Act, don't remain indifferent

We need to change this mentality that thrusts apathy upon us. For a start, every time

we are short-changed at the hands of the government, we should write a letter of

complaint to the concerned person or the vigilance officer of his department. Many a

time, it works magic. When it does not, under the RTI Act, ask for the report of action

taken on your complaint and seek other pertinent information.

General guidelines and tips

1. Do not use couriers, ordinary post or UPC. Registered post or Speed post are

the best methods and they are accepted as legal proof of transmission. If you

are sending anything by email or fax, make sure that you keep a good proof of

it.

2. Before you prepare your application or appeal, you should read the rules

framed by the concerned State Government or the High Court.

3. Even if you do not intend to carry out actual inspection of records, include a

request as under in the application: “On receipt of information under this

application, I intend to carry out inspection of records at your office to verify the

information provided. Please advise me a date and time for inspection which

should follow approx.15 days after providing me written information."

4. Try to restrict one application to one subject. Split your requirements across

multiple applications according to subjects. It makes the job of the PIO easier

and he is more likely to provide you good quality information and provide it

sooner.

5. Ask for a free copy of the Citizens' Charter" to be supplied with the reply.

If you wish to remain anonymous

2 The data is retrieved from http://www.nyayabhoomi.org/right-to-information/tips-and-guidelines 30

If you want to seek information that may adversely affect vested interests or may

cause you financial or physical injury, you should request your distant relative or a

friend or an RTI activist from another state to file the RTI application desired by you.

Send him completed application form in his name and address and give him

directions on how to pay the fee and submit the application.

Forcing the government to act against corruption

Government departments normally ignore your complaints and reports of corruption.

To force them to act on them, use the strategy as follows:

1. Write a letter of complaint to the "vigilance wing/cell" of the concerned

department.

2. Send a copy of the letter to other appropriate agencies such as CBI, CVC, DG

of Police, Anti-Corruption Branch of the state government, Chief Minister, etc.

by registered or speed post. Instead of writing "Copies to the following", write

"Copies to the following with the request to take suitable action".

3. Two weeks later, submit RTI applications with not only the concerned

department, but all other agencies to whom copies of the letter were sent. The

RTI applications are meant to seek the status of your complaint and the action

taken on it.

4. Since the CBI, CVC etc. have to provide you the information requested, they

will have to first obtain this information from the concerned public authority by

writing to them. Imagine a government officer receiving a letter from CBI

talking about corruption and seeking a status report. (The battle against

inclusion of CBI in the list of exempt organisations is underway)

How to use information obtained under the RTI

You have obtained information from the government department and you have got

evidence of corruption in your hands. What do you do now? The next step would be

to let common people know and bring the guilty to book. Some of the effective

methods are listed below:

1. Arrange information in an easy-to-understand manner and give it to media.

2. Submit your findings to various vigilance agencies such as CBI, Central

Vigilance Commission, local police, etc. and ask them to take action. Also

request them to tell you within 15 days what action has been taken.

3. Write to the senior-most officer of the concerned department and mark copies

31

to your local MLA, MP, Chief Minister, Prime Minister, High Court, etc. Send

them all proof and ask them to take action, and give you a status report within

15 days.

4. After a gap of 3 to 4 weeks, file RTI applications with every government

agency to whom you had sent your findings, and demand status report on your

complaint. Since they have to give you the status report, and they cannot

afford to say “we have done nothing”, they will first take action and then give

you a positive status report. If nothing at all, they will start some sort of an

inquiry in the matter. You should file an application every month for an update

on the status of the inquiry/investigation.

5. Make your findings public through media, your personal contacts,

NGOs/RWAs and by holding street or colony level meetings.

6. Plan and organize a Jan Sunwai and invite the media, RWAs, other NGOs,

politicians, etc. It is a gathering of affected and interested people before whom

all facts, records and evidences are placed.

Use other laws in combination with RTI Act

The RTI Act is not the only law that gives right of access to information. Beyond the

RTI Act, there are some stronger provisions in other laws which promote

transparency:

1. The PDS (Control) (Amendment) Order, 2004, which came into force on

29.06.04 enables citizens to directly seek information from a fair price shop

owner. Punishment for withholding information may extend upto 3 months

imprisonment. This Order is stronger than the RTI Act itself.

2. For getting financial assistance under the Jawaharlal Nehru National Urban

Renewal Mission (JNNURM), states are required to enact a Public Disclosure

Law and a Community Participation Law to strengthen people's Right to Know.

3. In or before 2010, Reserve Bank of India advised banks to convey in writing

the reasons for rejection of loan applications.

4. The National Rural Employment Guarantee Act 2005 (NREGA) Operational

Guidelines 2006, prescribed by the Ministry of Rural Development Department

goes one step ahead in facilitating transparency by reducing time limit for

disclosure of the records requested under the RTI Act to seven days and

further fees for obtaining information to actual photocopying costs. Let the Sun

32

shine brightly on Indian administration!

33

Chapter 4

Orders and Cases of RTI3

The major orders and cases of RTI for learning provides the following conclusions:

1. “Access to information, under Section 3 of the Act, is the rule and exemptions

under Section 8, the exception. Section 8, being a restriction on this

fundamental right, must, therefore, is to be strictly construed. It should not be

interpreted in manner as to shadow the very right itself. Under Section 8,

exemption from releasing information is granted if it would impede the process

of investigation or the prosecution of the offenders. It is apparent that the

mere existence of an investigation process cannot be a ground for refusal of

the information; the authority withholding information must show satisfactory

reasons as to why the release of such information would hamper the

investigation process. Such reasons should be germane, and the opinion of

the process being hampered should be reasonable and based on some

material. Sans this consideration, Section 8(1)(h) and other such provisions

would become the haven for dodging demands for information.” (Delhi High

Court in a judgment in WP(C) No. 3114/2007 decided on 03.12.2007)

2. File notings have to be disclosed. (Several orders of the CIC and various

SICs)

3. Through this Order, the Commission now wants to send the message loud

and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny

the information without giving any justification or grounds as to how these

provisions are applicable is simply unacceptable and clearly amounts to mala

fide denial of legitimate information attracting penalties under section 20(1).

(CIC/OK/A/2006/00163 dated 07.07.06)

4. The PIO has to give the reasons for rejection of the request for information as

required under Section 7(8)(i). Merely quoting the bare clause of the Act does

not imply that the reasons have been given. The PIO should have intimated

as to how he had come to the conclusion that rule 8(1)(j) was applicable in

this case. (CIC/OK/C/2006/00010 dated 07.0706)

5. A public authority can divide responsibilities amongst PIOs, but every PIO has

to accept every application. (10/1/2005/CIC dated 25.02.06)

3 The data is retrieved from http://www.nyayabhoomi.org/right-to-information/imporders-sc-hc-cic34

6. The PIO with whom the application is submitted has to provide the

information. He cannot forward to another PIO within his department. Also, he

cannot ask the applicant to approach another PIO for submission or obtaining

information. (ICPB/C1/CIC/2006 dated 06.03.06)

7. Only PIOs can provide information. Other officers and APIOs cannot provide

information. APIOs job is to only forward the application or the appeal.

(10/1/2005/CIC dated 25.02.06)

8. Transfer under section 6(3) is not possible within a single public authority.

(10/1/2005/CIC dated 25.02.06 & ICPB/C1/CIC/2006 dated 06.03.06)

9. A public authority can prescribe a form for making application. However, it

was clarified in a subsequent review order that an application can still be

made on plain paper and it cannot be rejected. (CIC/C/I/2006 dated 16.01.06

& CICI/C/1/2006 dated 30.01.06)

10.The onus for timely dispatch of replies is on the PIO. (CIC/OK/A/2006/00049

dated 02.05.06)

11.An appellant can seek the help of others in proceedings. (10/1/2005/CIC dt.

25.02.06)

12. It is possible to seek reviews of Commission’s decisions. (CICI/C/1/2006

dated 30.01.06 & CIC/A/3/2006 dated 03.04.06)

13.An appellant has a right to be heard by the first appellate authority.

(CIC/AT/A/2006/00040 dated 27.03.06)

14.A public authority can only ask for costs as prescribed in the Act and the

Rules, and cannot ask for compensation for their time and other costs

incurred. (23/IC(A)/2006 dt. 10.04.06)

15.Even if the information is available on the government’s website, one can ask

for it though an application. (CIC/OK/A/2006/00046 dated 02.05.06)

16.A tender cannot be cancelled without giving reasons. In fact, every action of a

public authority must have a reason and it should be transparent to all.

(ICPB/A-4/CIC/2006 dated 10.02.06 & ICPB/A-6/CIC/2006 dated 27.02.06)

17. Information cannot be denied under section 7(9). This provision only deals

with the form in which information is to be supplied. (10/1/2005/CIC dated

25.02.06)

35

18.The government cannot wrongly classify its documents as Secret and then

claim exemption from disclosure. (CIC/A/12/2006 dated 21.02.06)

19.Excuse of “potential misuse” is not sufficient to deny information.

(10/1/2005/CIC dated 25.02.06)

20.Jailed or under-trial people is not personal information and is not invasion of

privacy. (CIC/WB/A/2006/00120 dated 01.05.06)

21.Tour programmes and travel expenses of a public authority are not personal

information. (07/IC(A)/CIC/2006 dated 06.03.06)

22.Bio-datas and application forms together with enclosures for appointment in

public authorities cannot be denied. (ICPB/A-9/CIC/2006 dated 03.04.06)

23.Personal performance assessment/appraisal forms of government employees

cannot be disclosed. (29/IC(A)/06 dated 20.04.06)

24.PAN, TAN Numbers are confidential and cannot be disclosed.

(05/IC(A)/CIC/2006 dated 03.03.06)

25.One cannot prefer a second appeal directly with the Commission without first

preferring the first appeal. (CIC/A/1/2006 dated 18.01.2006)

26.PIOs cannot appeal against the decisions of first appellate authorities.

(06/IC(A)/CIC/2006 dated 03.03.06). However, a closer look at section 19(3)

makes it clear that the IC has erred. Whilst practically speaking, an officer in

his capacity as PIO cannot appeal the decision of his senior officer in the

capacity of appellate authority, the wording of section 19(3) leaves it open to

the PIO to appeal against the decision of his senior officer, i.e., the appellate

authority.

27.Exemption provided to the organizations listed in Second Schedule of the Act

are absolute in nature. (CIC/AT/A/2006/00055 and 30 dated 27.04.06)

28.Names of officers who are under discreet watch due to suspicion of corruption

but still have been promoted have to be disclosed. (CIC/MA/A/2006/116 dated

01.05.2006)

29.Penalty can be imposed on all officers, not only PIOs. An officer whose

assistance has been sought under section 5(5) by the PIO may be penalized

if he fails to provide such assistance. (Adjunct to CIC/WB/2006/00018 dated

28.09.2006)

36

30.Reply should be provided in the same language in which the application has

been made as long as it is a local or national language.

(CIC/WB/A/2006/00117)

31.A decision in first appeal has to be signed by the First Appellate Authority and

not by the PIO or the APIO. (CIC/OK/A/2007/01302)

32.An applicant has full rights to be given the copy of the objections filed by a

"third party" against disclosure of information by the PIO.

(CIC/AT/A/2007/01297)

37

Chapter 5

RTI in Haryana – Manual4

i) The particulars of the organization, functions and duties:

In order to ensure greater and more effective access to

information, the Government resolved that the Freedom of Information Act,

2002 enacted by the Parliament needs to be made more progressive,

participatory and meaningful. The National Advisory Council deliberated on

the issue and suggested certain important changes to be incorporated in the

existing Act to ensure smoother and greeter access to information. The

Government examined the suggestions made by the National Advisory

Council and others and decided to make a number of changes in the law.

The important changes inter alia, include establishment of an

appellate machinery with investigating powers to review decisions of the

Public Information Officers; penal provisions for failure to provide information

as per law; provisions to ensure maximum disclosure and minimum

exemptions, consistent with the constitutional provisions, and an effective

mechanism for access to information and disclosure by authorities, etc. In

view of significant changes proposed in the existing Act, the Government

also decided to repeal the Freedom of Information Act, 2002. The new

legislation provides a powerful framework for giving effect to the right to

information recognized under Article 19 of the Constitution of India.

A key objective of the Right to Information Act, 2005 is to

promote transparency and accountability in the working of every public

authority in the country. The Act mandates a legal-institutional framework

for setting out the practical regime of right to information for every citizen

to secure access to information held by or under the control of public

authorities. It prescribes mandatory disclosure of certain information to

citizens and designation of Public Information Officers in all public

authorities to attend to requests from citizens for information within

stipulated time limits. It provides for appeal to designated appellate officers 4 The data is retrieved from http://cicharyana.gov.in/writereaddata/CIC,%20Haryana/Proactive%20Disclosure/CIC17.doc

38

against the decisions of Public Information Officers. It also mandates the

constitution of a Central Information Commission and State Information

Commissions to enquire into complaints hear second appeals and guide

the implementation of the Act.

The setting up of Information Commissions at the Central and

State levels to ensure the effective implementation of the right to

information regime in the country is one of the most important provisions of

the Act. The role played by the respective Commissions is likely to have a

significant effect on whether or not the Act is implemented in letter and

spirit by the public authorities operating at different levels. Apart from

exercising the statutory functions entrusted to them the Information

Commissions are expected to act as “friend, philosopher and guide” to

citizens in exercise of their right to information, and to public authorities in

the discharge of their duties to make information accessible to the people.

In order to ensure the effective implementation of Right to

Information Act, 2005, the State Government on 31st October 2005 by

notification in the Official Gazette, constituted a body known as the State

Information Commission, Haryana to exercise the powers conferred on,

and to perform the functions assigned to, it under this Act and also

appointed Shri G.Madhavan, IAS (Retired) as the first Chief Information

Commissioner of the State Information Commission, Haryana. He was

sworn in on 1st November 2005 and the State Information Commission

came into existence from this day and by a coincidence the State of

Haryana also came into existence on this very day in the year 1966. Later

on vide notification dated 5th May 2006, Ms Meenaxi Anand Chaudhry, IAS

(Retired) was appointed as State Information Commissioner in the newly

constituted State Information Commission, Haryana. She was sworn in on

9th May 2006. Subsequently 5 more State Information Commissioners

namely Mrs. Asha Sharma, IAS (Retired), Lt. Gen. Sh. J.B.S.Yadav, Sh.

Ashok Mehta, Sh. M.R.Ranga and Sh. Prem Veer Singh were inducted.

They were sworn in on 3rd of January 2008.

39

The powers and duties of its officers and employees;

Section 15 (4) provides that the general superintendence, direction and

management of the affairs of the State Information Commission shall vest in the

State Chief Information Commissioner who shall be assisted by the State Information

Commissioners and may exercise all such powers and do all such acts and things

which may be exercised or done by the State Information Commission autonomously

without being subjected to directions by any other authority under this Act.

Section 18 of the Act spells out the powers and functions of the State

Information Commission.

(1) It shall be the duty of the State Information Commission

to receive and inquire into a complaint from any person,---

(a) who has been unable to submit a request to a Public Information

Officer either by reason that no such officer has been appointed under this Act, or

because the Assistant Public Information Officer has refused to accept his or her

application for information or appeal under the Act for forwarding the same to the

Public Information Officer or appellate officer of the Information Commission as the

case may be;

(b) who has been refused access to any information requested under

the Act;

(c) who has not been given a response to a request for information or

access to information within the time limit specified under the Act;

(d) who has been required to pay an amount of fee which he or she

considers unreasonable;

(e) who believes that he or she has been given incomplete misleading

or false information under the Act; and

(f) in respect of any other matter relating to requesting or obtaining

access to records under the Act.

(2) Where the State Information Commission is

satisfied that there are reasonable grounds to inquire into the matter, may initiate an

enquiry in respect thereof.

40

(3) The State Information Commission shall, while

inquiring into a complaint, have the same powers as are vested in a civil court while

trying a suit under the Code of Civil Procedure, 1908, in respect of the following

matters, namely:--

(a) summoning and enforcing the attendance of persons and

compel them go give oral or written evidence on oath and to produce the documents

of things;

(b) requiring the discovery and inspection of documents;

(c) receiving evidence on affidavit;

(d) requisitioning any public record or copies thereof from any court

or office;

(e) issuing summons for examination of witnesses or documents;

and

(f) any other matter which may be prescribed.

(4) Notwithstanding anything inconsistent contained in any other Act of

Parliament or State Legislature, as the case may be the State Information

Commission may during the inquiry of any complaint under this Act, examine any

record to which this Act applies which is under the control of the Public Authority,

and no such record may be withheld from it on any grounds.

Section 19 [(7), (8), (9) & (10)] of the Act highlight the powers of the

Commission pertaining to the decision in appeals:

The Information Commission to decide appeals in

accordance with the prescribed procedure and its decision shall be binding;

In its decision, the State Information Commission has the

power to-

(a) require the public authority to take any such steps as may be

necessary to secure compliance with the provisions of the Act, including---

(i) by providing access to information, if so requested , in a

particular form;

41

(ii) by appointing a Public Information Officer;

(iii) by publishing certain information or categories of information;

(iv) by making necessary changes to its practices in relation to

the maintenance, management and destruction of records;

(v) by enhancing the provision of training on the right to

information for its officials;

(vi) by providing it with an annual report in compliance with

clause (b) of sub-section (1) of section 4;

(b) require the public authority to compensate the complainant for any

loss or other detriment suffered;

(c) impose any of the penalties provided under the Act;

(d) reject the application.

The information Commission shall give notice of its decision, including

any right of appeal, to the complainant and the public authority.

The Commission may also impose penalty on and/or

recommend for disciplinary action against erring Public Information Officers [Section

20 (1), (2)]

Where the State Information Commission, at the time of deciding any

complaint or appeal is of the opinion that the Public Information Officer, has, without

any reasonable cause, refused to receive an application for information or has not

furnished information within the time specified under sub section (1) of section 7 or

malafidely denied the request for information or knowingly given incorrect,

incomplete or misleading information or destroyed information which was the subject

of the request or obstructed in any manner in furnishing the information, it shall

impose a penalty of Rs. 250/- each day till application is received or information is

furnished, so however, the total amount of such penalty shall not exceed Rs.

25,000/-;

the Public Information Officer shall be given a reasonable opportunity

of being heard by the Commission before any penalty is imposed on him or her;

the burden of proving that a Public Information Officer acted

reasonably and diligently shall be on himself/herself;

42

where the Information Commission, at the time of deciding any

complaint or appeal is of the opinion that the Public Information Officer, has, without

any reasonable cause and persistently, failed to receive an application for

information or has not furnished information within the time specified or malafidely

denied the request for information or knowingly given incorrect, incomplete or

misleading information or destroyed information which was the subject of the request

or obstructed in any manner in furnishing the information it shall recommend for

disciplinary action against the Information Officer under the service rules applicable

to him or her.

iii) Procedure followed in the decision-making process, including channels of

supervision and accountability.

iv) The norms set by it for the discharge of its functions;

and

v)The rules, regulations, instructions, manuals and records, held by it or under its

control or used by its employees for discharging its functions.

43

RESEARCH OFFICER-CUM-CONSULTANT Legal Consultant

Secretary

ACCOUNTS OFFICER

Superintendent

PROGRAMMER

State Information Commissioner

Chief Information Commissioner

Under Secretary

The State Information Commission, Haryana discharge its function

according to norms as under: -

1) Provisions made in the Right to Information Act, 2005 for disposing of

various complaints or Appeals received in the Commission.

2) Any amendment received for the implementation of Right to Information Act,

2005 from the Central or the State Government.

3) The Haryana Right to Information Rules, 2005.

4) Punjab Civil Service Rules for disposing of service matters of the employees

posted with the Commission.

5) Punjab Financial Rules for disposing of financial matters.

6) Policy instructions of the State Government issued from time to time.

There is no time limit fixed in the Act for disposal of second

Appeals/Complaints received by the Commission. However, the Commission has

been disposing off such matters expeditiously. It shall be the endeavor of the

Commission that such matters are finalized with in a maximum period of 3 months of

their receipt in the Commission.

vi) A statement of the categories of documents that are held by it or

under its control: -

(1) The files of complaints received from the complainants

under section 18(2) of RTI Act, 2005 for inquiring into the matter and

their final disposal.

(2) The files of appeals received from the Appellants under

section 19(3) of RTI, Act, 2005 and their final disposal.

44

(3) Files advising the applicants to take action as provided

under the Act to get the delivery of information more expeditiously.

(4) Personal files of staff functioning in the State Information

Commission, Haryana.

(5) Files of accounts on account of expenditure incurred out of

the budget allocated to the State Information Commission, Haryana.

vii) 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 administration thereof;

The Main function of the State Information Commission is to

implement Right to Information Act, 2005 by providing for setting out the practical

regime of right to information for citizens to secure access to information under the

control of a public authority, in order to promote transparency and accountability in

the working of every public authority. There is no arrangement for consultation with

or representation by members of the public in relation to the formulation of its policy

or administration thereof in the Commission.

viii) 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.

-Not applicable-

45

ix) A directory of its officers and employees

Contact us

Sr.

No.

Name & Designation Address Telephone Nos.

office Res.

1. Sh. G.Madhavan,

Chief Information

Commissioner, Haryana

12, Sector-7,

Chandigarh

2726568

2783834

(Fax)

98766363

98279362

8

2. Sh. H.C Bansal,

Sr. Secy./CIC

1250, Sector-

11, Panchkula

272568 2579154

3. Ms. Meenaxi Anand

Chaudhry,

State Information

Commissioner

287, Sector 16

Chandigarh

2783621

(Tele Fax)

98559999

76254350

5

4. Ms. Triprta, PS/State

Information Commission

1033, Sector 20

B, Chandigarh

2783621 2716250

5. Ms. Asha Sharma, State

Information Commissioner

55, Sector 5,

Chandigarh

2720114 2740096

98788911

28

6. Ms. Sneh Lata, PS/SIC (AS) 155, Sector 19,

Chandigarh

2720114 2725144

7. Lt. Gen. Sh. J.B.S.Yadav,

State Information

Commissioner

- 2720116 98788911

27

8. Sh. Om Parkash Kapoor,

PS/SIC(JBSY)

749, Sector 7,

Chandigarh

2720116 2794051

9. Sh. M.R.Ranga, State

Information Commissioner

12, Wadhwa

Nagar, Zirakpur

(Mohali)

2720115 98788911

23

46

10. Sh. Som Parkash

PS/SIC(NRR)

1233-A, Sector

20-B,

Chandigarh

2720115 93178990

00

2541070

11. Sh. Prem Veer Singh, State

Information Commissioner

627, Sector 6,

Panchkula.

2720117 98788911

26

2586272

12. Ms. Usha Saini,

PS/SIC(PVS)

3885, Sector 22,

Chandigarh

2720117 2702885

13. Sh. Chander Shekhar, HCS,

Secretary

720, Sector 7B,

Chandigarh

2725494 2794554

14. Yagya Dutt Chugh,

Under Secretary

5810, MHC,

Mani Majra,

Chandigarh

2783670 2735810

15. Sh. K.L.Sharma, Research

–Officer-cum-Consultant.

2184, Sector

27-C,

Chandigarh

2783670 2638808

The monthly remuneration received by each

of its officers and employees, including the

system of compensation as provided in its

regulations.

Sr.

No.

Nomenclature of post Sanctioned pay scale.

1. Chief Information

Commissioner

Rs. 90,000/- plus allowances

as sanctioned to the Election

Commissioner of India.

2. State Information

Commissioner

Rs. 80,000/- plus allowances

as sanctioned to the Chief

Secretary of the State.

3. Secretary PB- 37400-67000.+GP 8800

47

4. Sr. Secretary to CIC PB 15600-39100+GP 7600

5. Under Secretary PB 15600-39100+GP 6000

6. Research Officer-cum-

consultant.

PB 9300-34800+GP 4600.

7. Superintendent PB 9300-34800+GP 4200.

8. Accounts Officer PB 9300-34800+GP 4600.

9. Legal Consultant As fixed by the Commission

10. Programmer PB 9300-34800+GP 4200.

11. Private Secretary to SIC PB 9300-34800+GP 4600.

12. Personal Assistants PB 9300-34800+GP 4200.

13. Assistants PB 9300-34800+GP 3600.

14. Accounts Assistant PB 9300-34800+GP 3600.

15. Readers PB 9300-34800+GP 3600.

16. Jr. Scale Steno PB 5200-20200+ GP 2400

17. Steno Typists PB 5200-20200+ GP

2400+SP 100

18. Clerks-cum-computer

operators

PB 5200-20200+ GP

2400+SP 40

19. Drivers PB 5200-20200+ GP

2400+SP 300

20. Peons PB 4440-7440+GP 1300+SP

30

48

x) The budget allocated to each of its agencies, indicating the

particulars of all plans, proposes expenditures and reports on

disbursement made.

In Haryana, The State Information Commission was set up with effect from

1.11.2005. To run the establishment of the newly constituted Commission, the State Government

made the following provisions in the Head of Account 2070-Other Administrative Services-Non Plan:-

Year Funds provided (Rs in Lac)

Original

Allotment

Final Allotment

2005-2006 30.00 26.79

2006-07 140.04 126.00

2007-08 167.94 135.05

2008-09 244.27 212.02

2009-10 265.62 --

xi) The manner of execution of subsidy programmes, including the

amounts allocated and the details of beneficiaries of such

programmes;

Not applicable to the State Information Commission, Haryana.

xii) Particulars of recipients of concessions, permits or authorization

granted by it.

Not applicable to the State Information Commission, Haryana.

xiv) Details in respect of the information, available to or held by it reduced

in an electronic form;

Nil

49

xv) The particulars of facilities available to the citizens for obtaining

information, including the working hours of a library or reading

room, if maintained for public use;

Like any other Public Authority Information concerning the

Commission and its working can be obtained under the Right to

Information Act, 2005. In view of the paucity of the space it is not possible

to provide arrangement for a library or reading room for the public at large

at present.

xvi) The names, designations and other particulars of the Public

Information Officers;

Name of the Officer Designated as

Secretary 1st Appellate Authority

Under Secretary State Public Information Officer.

Superintendent Assistant State Public

Information Officer.

Accounts Assistant To collect fee in cash.

xvii) Such other information as may be prescribed and thereafter update

these publications every year.

The Commission has launched its own web site. Information

pertaining to the activities of the Commission including its orders in various

public hearings conducted from time to time has been put up on the web

site cicharyana.gov.in and being updated regularly for information of all

concerned.

50

The details of staff provided by the Government to run the State Information

Commission, Haryana.

The State Government while setting up of State Information Commission, Haryana, also

decided to sanction following staff vide Government orders issued bearing endorsement

No. 5/6/2005-1AR dated 23-1-2006 and after the induction of Five Information

Commissioners dated 3/1/08:-

Sr.

No.

Nomenclature of

post

Sanctioned pay scale.

1. One Chief

Information

Commissioner

Rs. 90,000/- plus allowances as

sanctioned to the Election

Commissioner of India.

2. Six State Information

Commissioners

Rs. 80,000/- plus allowances as

sanctioned to the Chief Secretary of

the State.

3. One Secretary PB- 37400-67000.+GP 8800

4. One Sr. Secretary to

CIC

PB 15600-39100+GP 7600

5. One Under

Secretary

PB 15600-39100+GP 6000

6. One Research

Officer-cum-

consultant.

PB 9300-34800+GP 4600.

7. One Superintendent PB 9300-34800+GP 4200.

8. One Accounts

Officer

PB 9300-34800+GP 4600.

9. Legal Consultant As fixed by the Commission

10. Programmer PB 9300-34800+GP 4200.

11. Six Private

Secretaries to SICs

PB 9300-34800+GP 4600.

12. Eight Posts of

Personal Assistants

PB 9300-34800+GP 4200.

13. Two Posts of

Assistants

PB 9300-34800+GP 3600.

14. One post of

Accounts Assistant

PB 9300-34800+GP 3600.

15. Two Posts of

Readers

PB 9300-34800+GP 3600.

16. One Jr. Scale Steno PB 5200-20200+ GP 2400

17. Two Steno Typists PB 5200-20200+ GP 2400+SP 100

18. Eight Clerks-cum-

computer operators

PB 5200-20200+ GP 2400+SP 40

19. Nine Drivers PB 5200-20200+ GP 2400+SP 300

20. Twenty One Peons PB 4440-7440+GP 1300+SP 30

The State Government has also decided in principle that as and when an

Information Commissioner is appointed, the supporting staff like Private Secretary,

Personal Assistant, Reader, Steno typist, Clerk-cum-Computer Operator, Driver, each

one and two Peons would automatically be created for each Information Commissioner.

Budget allocation :-

In Haryana, the State Information Commission was set up with effect from 1-11-

2005. To run the establishment of newly constituted Commission, the State Government

made the following provisions in the Head of Account 2070-Other Administrative

Services-Non Plan

(Rs. in lac)

Sr.No Object Year wise allotment of funds

2005-

06

2006-07 2007-08 2008-09 2009-10

1. Salary 1.44 24.69 34.21 97.59 108.83

2. Dearness

Allowance

0.40 07.23 14.04 33.88 41.79

3. Travel

Expenses

0.17 02.87 01.41 05.79 05.00

4. Office

Expenses

24.78 00.26 39.40 36.84 63.00

5. Motor/Vehicle 0.00 00.62 31.19 15.48 12.00

6. P.O.L. 0.00 74.00 06.40 10.00 11.00

7. Medical

Charges

0.00 09.85 00.45 00.88 10.00

8. L.T.C. 0.00 03.30 01.75 03.25 08.00

9. Information

and

Technology

0.00 03.18 06.20 08.31 06.00

10. Rate Rent

Tax (RRT)

0.00 0.00 00.00 00.00 00.00

Total 26.79 126.00 135.05 212.02 265.62

Chapter 6

Haryana RTI Rules 20055

Haryana Government

Administrative Reforms Department

Notification

The 28th October, 2005

No. 5/4/2002-IAR In exercise of the powers conferred by sub-section (I) read with Sub

section (2) of section 27 of the Right to Information Act, 2005 (Central Act 22 of 2005),

the Governor of Haryana hereby makes the following rules providing for information

under the said Act, namely:-

1. Short title and commencement.

(1) These rules may ;be called the Haryana Right to Information Rules, 2005.

(2) They shall come into force on the date of their publication in the official

Gazette.

2. Definitions.

(1) In these rules, unless the context otherwise requires,

(a) “Act” means the Right to Information Act, 2005 (Central Act 22

of 2005).

(b) “Commission” means the Haryana Information Commission.

(c) “Form” means a form, appended to these rules.

(d) “section” means the section of the Act.

(2) The works and expressions used in these rules, but not defined, shall

have the same meanings as assigned to them in the Act.

3. Application for obtaining information.

5 The data is retrieved from http://cicharyana.gov.in/writereaddata/CIC,%20Haryana/Proactive%20Disclosure/CIC17.doc

(1) A person, who desires to obtain any information admissible under the Act,

shall make an application in Form A to the State Public Information

Officer/State Assistant Public Information Officer along with a fee as

specified in rule 5 of these rules.

sections 2(m), 6 and 27

(2) On the receipt of an application, made under sub-rule (1), the State Public

Information Officer/State Assistant Public Information Officer shall give a

receipt in token thereof to the applicant.

4. Deposit of fee.

(1) The fee shall be deposited with the State Public Information Officer/State

Assistant Public Information Officer either in cash against proper receipt or

by treasury challan.

sections 6

(2) The amount of fee shall be credited to the receipt head/account number of

the concerned public authority.

(3) On receipt of an application, submitted under sub-rule (1) of rule 3, the

State Public Information Officer/State Assistant Public Information Officer

shall scrutinize the application and shall assess how much fee is required

to be paid by the applicant for obtaining the ;information.

(4) The fee assessed under sub-rule (3), shall be informed to the applicant by

the State Public Information Officer/State Assistant Public Information

Officer in Form B within a period of seven days from the receipt of

application.

(5) In case the applicant fails to deposit the requisite fee within a period of

fifteen days after the issuance of the intimation given to him under sub-

rule (4), it shall be construed that the applicant is no longer interested in

obtaining the information, sought for, and his application shall be deemed

to have been filed.

5. Quantum of fee.

(1) An application for obtaining any information under sub-section (1) of

section 6 shall be accompanied with a fee of Rs. 50.

sections 6&7

(2) For providing an information under sub-section (1) of section 7, the fee

shall be charged from the applicant at the following rates, namely:-

(a) Rs. 10 for each page in A-4 or A-3 size paper, created or

copied; and

(b) If information is to be provided on a large size of paper than

that of specified in clause (a), the actual cost price of such a

paper shall be charged.

(3) For providing an information under sub-section (5) of section 7, the fee

shall be charged from the applicant at the following rates, namely;

(a) Rs.50 for providing information in a floppy;

(b) Rs. 100 for providing information in diskette; and

(c) If information sought is of such a nature, which is contained

in a printed document of which a price has been fixed, then

that information shall be provided after charging the price,

fixed for that printed document.

(d) However, if only an extract or page of such a printed

document is asked for, then a fee of Rs. 10 per page shall

be charged.

(4) No fee for inspection of record shall be charged, if such an inspection is

made for one hour only. However, if inspection is made for a period of

more than one hour, then a fee of rupees ten shall be charged for every

fifteen minutes in excess of first hour. Every fraction of the period above

fifteen minutes, shall be construed as a complete period of fifteen minutes

and it shall be charged as full period of fifteen minutes.

6. Procedure to be followed in deciding appeal.

Before deciding an appeal, the Commission shall,--

sections 19(10)

(a) serve notice to the concerned persons;

(b) entertain any evidence in support of appeal, which may ;be oral or in writing

form the concerned persons;

(c) examine on oath or by having affidavits from the persons concerned;

(d) peruse or inspect the documents or any records or copies thereof;

(e) inquire through the authorized officer the facts of an appeal or may require

facts in detail, if it so deems appropriate, hear the State Public Information

Officer or any other senior officer who had decided the first appeal, as the

case may be; and

(f) receive evidence on affidavits from the State Public Information Officer or

any senior officer who had decided the first appeal or from any other

person from whom the evidence may be deemed necessary.

7. Mode of serving notice.

The Commission may serve notice to the persons concerned in any of the

following modes, namely:-

sections 19(10)

(a) by hand delivery (dasti) through process server; or

(b) by registered post with acknowledgement due; or

(c) by publication in the newspaper.

8. Order by the Commission.

(1) The Commission shall make order in writing and pronounce the same in

the presence of the concerned parties.

sections 19(10)

(2) The party concerned may, obtain the copy of the order from the

Commission.

Form A

[See rule 3(1)]

To

The State Public Information Officer/

State Assistant Public Information Officer,

(Name of the office with address)

1. Full name of the applicant:

2. Address;

3. Particulars of information required:-

(i) Subject matter of information*

(ii) The period to which the information related**

(iii) Description of the information required***

(iv) Whether information is required by post or in person

(the actual postal charges shall be included in addition to the

fees.)

(v) In case by post (Ordinary, Registered or Speed)

Place:

Date:

Signature of the Applicant.

Broad category of the subject to be indicated (such as

Grant/Government Land/Service matters/Licenses etc.)

Relevant period for which information is required to be

indicated.

Specific details of the information are required to be

indicated.

Acknowledgement:

Received your application dated_____________________,--vide Diary

No._____________dated________________

(Signature)

State Public Information Officer/

State Assistant Public Information Officer

Name of the Department/Offce

Form B

[See rule4(4)]

From

State Public Information Officer/

State Assistant Public Information Officer

(Name of the Department/Office)

To

Name and address of the applicant.

Sir,

Please refer to your application dated ______________addressed

to the undersigned requesting information regarding____________. The additional fee

for supplying this information to you is Rs/_____________________.

2. You are hereby informed to pay the fee at this office either in cash or in a

Government treasury through challan and send a copy of the challan to this office within

a period of fifteen days and collect the information on____________

3. The amount of fee shall be deposited in the receipt head/account No. (to be

intimated to the applicant by the concerned department.)

State Public Information Officer/

State Assistant Public Information Office.

Constitution of State Information Commission, Haryana to implement Right to

Information Act, 2005.

In order to ensure the effective implementation of Right to

Information Act, 2005, the State Government on 31st October 2005 by

notification in the Official Gazette, constituted a body known as the State

Information Commission, Haryana to exercise the powers conferred on, and

to perform the functions assigned to, it under this Act and also appointed Shri

G.Madhavan, IAS (Retired) as the first Chief Information Commissioner of the

State Information Commission, Haryana. He was sworn in on 1st November

2005 and the State Information Commission came into existence from this

day and by a coincidence the State of Haryana also came into existence on

this very day in the year 1966. Later on vide notification dated 5th May 2006,

Ms Meenaxi Anand Chaudhry, IAS (Retired) was appointed as State

Information Commissioner in the newly constituted State Information

Commission, Haryana. She was sworn in on 9th May 2006. Subsequently 5

more State Information Commissioners namely Mrs. Asha Sharma, IAS

(Retired), Lt. Gen. Sh. J.B.S.Yadav, Sh. Ashok Mehta, Sh. M.R.Ranga and

Sh. Prem Veer Singh were inducted. They were sworn in on 3rd of January

2008.

HARYANA GOVERNMENT

ADMINISTRATIVE REFORMS DEPARMENT

Notification

The 31st October, 2005

No. 35/4/2002-1AR.- In exercise of the powers conferred by Sub-section (1) of

Section 15 of the “Right to Information Act, 2005” ( Central Act 22 of 2005 ), and all

other powers enabling him in this behalf, the Governor of Haryana is please to

constitute the Haryana State Information Commission to exercise the powers conferred

upon and perform the functions assigned to it under Chapter IV, V, VI and other

provisions of the Act and to appoint Sh. G. Madhavan, IAS(Retd.) as State Chief

Information Commissioner, Haryana of the aforesaid Commission.

2. The terms and conditions of the Commission as also the State Chief

Information Commissioner, Haryana shall be determined and notified in due course.

Chandigarh S. C. CHOUDHARY,

The 31st Oct. 2005 Financial Commissioner and Principal Secretary to

Govt.,Haryana, Administrative Reforms Department.

HARYANA GOVERNMENT

ADMINISTRATIVE REFORMS

GENERAL ADMINISTRATION DEPARMENT

Notification

The 5th May, 2006

No. 35/4/2002-1AR.- In exercise of the powers conferred by Sub-section (3) of

Section 15 of the Right to Information Act, 2005( Central Act 22 of 2005 ), the Governor

of Haryana hereby appoints Smt. Meenaxi Anand Chaudhry to be the State Information

Commissioner of the State Information Commission constituted vide Haryana

Government. Administrative Reforms Department notification No. 35/4/2002-1 AR,

dated 31st October, 2005.

2. The terms and conditions of the State Information Commissioner shall be

determined and notified in due course.

Chandigarh

PREM PRASHANT,

The 5th May, 2006

Chief Secretary to Government, Haryana.

HARYANA GOVERNMENT

ADMINISTRATIVE REFORMS

GENERAL ADMINISTRATION DEPARMENT

Notification

The 31st December, 2007

No. 5/4/2002-1AR.- In exercise of the powers conferred by Sub-section (3) of

Section 15 of the Right to Information Act, 2005( Central Act 22 of 2005 ), the Governor

of Haryana hereby appoints Smt. Asha Sharma, Lt.Gen. (Retd.) J.B.S. Yadav, Sh.

Ashok Mehta, Sh. M.R. Ranga and Sh. Prem Veer Singh to be the State Information

Commissioners of the State Information Commission constituted vide Haryana

Government. Administrative Reforms Department notification No. 35/4/2002-1 AR,

dated 31st October, 2005.

2. The terms and conditions of the State Information Commissioners shall be

determined and notified in due course.

Chandigarh

PROMILLA ISSAR

The 31st December 2007 Chief Secretary to Government, Haryana.

Right to Know:

When does it come into force?

It comes into force on the 12th October,2005 (120th day of its enactment on

15th June, 2005). Some provisions have come into force with immediate effect

viz. obligations of public authorities [S.4 (1)], designating of Public Information

Officers and Assistant Public Information Officers [S.5(1) and 5(2)], constitution

of State Information Commission (S.15 and16),non-applicability of the Act to

Intelligence and Security Organizations (S.24) and power to make rules to carry

out the provisions of the Act (S.27 and 28).

2. Who is covered ?

The Act extends to the whole of India except the State of Jammu and Kashmir.

[S.(12)]

3. What does information mean?

Information means any material in any form including records,

Documents, memos, e-mails, opinions, advices, press releases, circulars,

Orders, logbooks, contracts, reports, papers, samples, models, data material

held in any electronic form and information relating to any private body which can

be accessed by a public authority under any other law for the time being in force.

4. What does Right to information mean?

It includes the right to –

i. inspect works, documents, records.

ii. Take notes, extracts or certified copies of documents or records.

iii. Take certified samples of material.

iv. Obtain information in form of printouts, diskettes, floppies, tapes,

Video cassettes or in any other electronic mode or through printouts. [S.2(i)]

5. What are the obligations of public authority ?

It shall publish within one hundred and twenty days of the enactment:-

i. the particulars of its organization, functions

and duties;

ii. the powers and duties of its officers and employees;

iii. the procedure followed in its decision making process, including

channels of supervision and accountability;

iv. the norms set by it for the discharge of its functions;

v. the rules, regulations, instructions, manuals and records used by its

employees for discharging its functions;

vi. a statement of the categories of the documents held by it or under

its control;

vii. the particulars of any arrangement that exists for consultation with,

or representation by the members of the public, in relation to the

formulation of policy or implementation thereof;

viii. a statement of the boards, councils, committees and other bodies

consisting of two or more persons constituted by it. Additionally,

information as to whether the meetings of these are open to the

public, or the minutes’ of such meetings are accessible to the

public;

ix. a directory of its officers and employees;

x. the monthly remuneration received by each of its officers and

employees, including the system of compensation as provided in its

regulations;

xi. the budget allocated to each of its agency, indicating the particulars

of all plans, proposed expenditures and reports on disbursements

made;

xii. the manner of execution of subsidy programmes, including the

amounts allocated and the details and beneficiaries of such

programmes ;

xiii. particulars of recipients of concessions, permits or authorizations

granted by it;

xiv. details of the information available to, or held by it, reduced in an

electronic form;

xv. 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;

xvi. the name, designations and other particulars of the Public

Information Officer.[S.4(1)(b)]

6. What is not open to disclosure?

The following is exempt from disclosure [S.8]

i. information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, strategic, scientific or

economic interests of the State, relation with foreign State or Lead

to incitement of an offence;

ii. information which has been expressly forbidden to be published by

any court of law or tribunal of the disclosure of which may constitute

contempt of court;

iii. information, the disclosure of which would cause a breach of

privilege of Parliament or the State Legislature;

iv. information including commercial confidence, trade secrets or

intellectual property, ;the disclosure of which would harm the

competitive position of a third party, unless the competent authority

is

v. satisfied that larger public interest warrants the disclosure of such

information;

vi. information available to a person in his fiduciary relationship, unless

the competent authority is satisfied that the larger public interest

warrants the disclosure of such information;

vii. information received in confidence from foreign Government;

viii. information, the disclosure of which would endanger the life or

physical safety of any person or identify the source of information or

assistance given in confidence for law enforcement or security

purposes;

ix. information which would impede the process of investigation or

apprehension or prosecution of offenders;

x. cabinet papers including records of deliberations of the Council of

Ministers, Secretaries and other officers;

xi. information which relates too personal information the disclosure of

which has no relationship to any public activity or interest, or which

would cause unwarranted invasion of the privacy of the individual;

xii. Notwithstanding any of the exemptions listed above, a public

authority may allow access to information, if public interest in

disclosure outweighs the harm to the protected interests.

3. Is partial disclosure allowed ?

Only that part of the record which does not contain any information which is

exempted from disclosure and which can reasonably be severed from any part that

contains exempt information, may be provided [S.10]

4. What does a “Public authority” mean?

It means any authority or body or institution of self-government established or

constituted: [S.2(h)]

by or under the Constitution;

by any other law made by Parliament;

by any other law made by State Legislature;

by notification issued or order made by the appropriate Government

and includes any-

(a) body owned, controlled or substantially financed

(b) non-Government organization substantially financed directly

or indirectly by the appropriate Government.

9. Who are `third Parties`?

A third party means a person other than the citizen making a request for

information and includes a public authority. Third parties have a right to be heard in

respect of applications and appeals dealing with information submitted by them to

the Government in confidence. [S.2(n) and S.11]

10.Who are Public Information Officers (PIOs)?

PIOs are officers designated by the public authorities in all administrative units or

offices under it to provide information to the citizens requesting for information under

the Act. Any officer, whose assistance has been sought by the PIO for the proper

discharge of his or her duties, shall render all assistance and for the purpose of

contraventions of the provisions of this Act, such other officer shall be treated as a

PIO.

11.What are the duties of a PIO ?

PIO shall deal with requests from persons seeking information and

where the request cannot be made in writing, to render reasonable

assistance to the person to reduce the same in writing.

If the information requested for is held by or its subject matter is closely

connected with the function of another public authority, the PIO shall

transfer, within 5 days, the request to that other public authority and

inform the applicant immediately.

PIO may seek the assistance of any other officer for the proper

discharge of his/her duties.

PIO, on receipt of a request, shall as expeditiously as possible, and in

any case within 30 days ot the receipt of the request, either provide the

information on payment of such fee as may be prescribed or reject the

request for any of the reasons specified in S.8 or S.9.

Where the information requested for concerns the life or liberty of a

person, the same shall be provided within forty-eight hours of the

receipt of the request.

If the PIO fails to give decision on the request within the period

specified, he shall be deemed to have refused the request.

Where a request has been rejected, the PIO shall communicate to the

requester-(i) the reasons for such rejection, (ii) the period within which

an appeal against such rejection may be preferred, and (iii) the

particulars of the Appellate Authority.

PIO shall provide information in the form in which it is sought unless it

would disproportionately divert the resources of the Public Authority or

would be detrimental to the safety or preservation of the record in

question.

. If allowing partial access, the PIO shall give a notice to the applicant,

informing:

(a) that only part of the record requested, after severance of the

record containing information which is exempt from

disclosure, is being provided;

(b) the reasons for the decision, including any findings on any

material question of fact, referring to the material on which

those findings were based;

© the name and designation of the person giving the decision;

(d) the details of the fees calculated by him or her and the

amount of fee which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision

regarding non-disclosure of part of the information, the

amount of fee charged or the ;form of access provided.

. If information sought has been supplied by third party or is treated ;as

confidential by that third party, the PIO shall give a written notice to the

third party within 5 days from the receipt of the request and take its

representation into consideration.

. Third party must be given a chance to make a representation before the

PIO within 10 days from the date of receipt of such notice.

12.What is the Application Procedure for requesting information?

1. Apply in writing or through electronic means in English or Hindi or in the

official language of the area, to the PIO, specifying the particulars of the

information sought for.

2. Reason for seeking information are not required to be given;

3. Pay fees as may be prescribed (if not belonging to the below poverty line

category.

13. What is the time limit to get the information?

1. 30 days from the date of application

2. 48 hours for information concerning the life and liberty of a person

3. 5 days shall be added to the above response time, in case the application

for information is given to Assistant Public Information Officer.

4. If the interests of a third party are involved then time limit will be 40 days

(maximum period + time given to the party to make representation.)

5. Failure to provide information within the specified period is a deemed

refusal.

14. What is the fee?

1. Application fees to be prescribed which must be reasonable.

2. If further fees are required, then the same must be intimated in writing with

calculation details of how the figure was arrived at;

3. Applicant can seek review of the decision on fees charged by the PIO by

applying to the appropriate Appellate Authority;

4. No fees will be charged from people living below the poverty line

5. Applicant must be provided information free of cost if the PIO fails to

comply with the prescribed time limit.

15. What could be the ground for rejection?

1. If it is covered by exemption from disclosure. (S.8)

2. If it infringes copyright of any person other than the State.(S.9)

16. Who are the Appellate Authorities?

1. First Appeal: First appeal to the officer senior in rank to the PIO in the

concerned Public Authority within 30 days from the expiry of the

prescribed time limit or from the receipt of the decision (delay may be

condoned by the Appellate Authority if sufficient cause is shown).

2. Second Appeal: Second appeal to the State Information Commission as

the case may be, within 90 days of the date on which the decision was

given or should have been made by the First Appellate Authority. (delay

may be condoned by the Commission if sufficient cause is shown).

3. Third Party appeal against PIO’s decision must be filed within 30 days

before first Appellate Authority; and, within 90 days of the decision on

the first appeal, before the appropriate Information Commission which is

the second appellate authority.

4. Burden of proving that denial of Information was justified lies with the PIO.

5. First Appeal shall be disposed of within 30 days from the date of its

receipt. Period extendable by 15 days if necessary. (S.19)

17. How is the State Information Commission constituted?

1. The State Information Commission will be constituted by the State

Government through a Gazette notification. It will have one State Chief

Information Commissioner ( SCIC ) and not more than 10 State

Information Commissioners ( SIC ) to be appointed by the Governor.

2. Oath of which will be administrated by the Governor according to the form

set out in the First Schedule.

3. The headquarters of the State Information Commission shall be at such

place as the State Government may specify. Other offices may be

established in other parts of the State with the approval of the State

Government.

4. The Commission will exercise its powers without being subjected to any

other authority.

18. What is the eligibility criterion and what is the process of appointment of State

Chief Information Commissioner/ State Information Commissioners?

The Appointment Committee will be headed by the Chief Minister. Other

members include the Leader of the Opposition in the Legislative Assembly and

one Cabinet Minister nominated by the Chief Minister.

The qualifications for appointment as SCIC / SIC shall be the same as that for

Central Commissioners.

The salary of the State Chief Information Commissioner will be the same as that

of an Election Commissioner. The salary of the State Information Commissioner

will be the same as that of the Chief Secretary of the State Government. ( S.15)

19. What are the powers and functions of Information Commissioners ?

1. The State Information Commission has a duty to receive complaints from

any person-

a) Who has not been able to submit an information request because a

PIO has not been appointed;

b) Who has been refused information that was requested;

c) Who has received no response to his/her information request

within the specified time limits;

d) Who thinks the fees charged are unreasonable;

e) Who thinks information given is incomplete or false or misleading;

and

f) Any other matter relating to obtaining information under this law.

2. Power to order inquiry if there are reasonable grounds.

3. SIC will have powers of Civil Court such as-

a) summoning and enforcing attendance of persons,

b) requiring the discovery and inspection of documents;

c) receiving evidence on affidavit;

d) requisitioning public records or copies from any court or office

e) issuing summons for examination of witnesses or documents

f) any other matter which may be prescribed.

4. All records covered by this law (including those covered by exemptions)

must be given to SIC during inquiry for examination.

5. Power to secure compliance of its decisions from the Public Authority

includes:-

a) providing access to information in a particular form;

b) directing the public authority to appoint a PIO/APIO where none

exists;

c) publishing information or categories of information;

d) making necessary changes to the practices relating to

management, maintenance and destruction of records;

e) enhancing training provision for officials on RTI;

f) seeking an annual report from the public authority on compliance

with this law;

g) require it to compensate for any loss or other detriment suffered by

the applicant;

h) impose penalties under this law; or

i) reject the application.(S.18 and S.19)

20. What is the role of State Governments ?

1. Develop educational programmes for the public especially

disadvantaged communities on RTI.

2. Encourage Public Authorities to participate in the development and

organization of such programmes.

3. Promote timely dissemination of accurate information to the public.

4. Train officers and develop training materials.

5. Compile and disseminate a User Guide for the public in the

respective official language.

6. Publish names, designation postal addresses and contact details of

PIOs and other information such as notices regarding fees to be

paid, remedies available in law if request is rejected etc. (S.26)

21. Who has the Rule making power?

State Governments and the Competent Authority as defined in S.2(e) are vested

with powers to make rules to carry out the provisions of the Right to Information

Act, 2005. (S.27 & S,28)

22. Who has the power to deal with the difficulties while implementing this Act?

If any difficulty arises in giving effect to the provisions in the Act, the Central

Government may; by Order published in the Official Gazette, make provisions

necessary/expedient for removing the difficulty (S.30)

1. State Information Commission will send an annual report to the State

Government on the implementation of the provisions of this law at the end

of the year.

2. Each Department has a duty to compile reports from its Public Authorities

and send them to the State Information Commission, as the case may be.

3. Each report will contain details of number of requests received by each

Public Authority, number of rejections and appeals, particulars of any

disciplinary action taken, amount of fees and charges collected etc.

4. The State Government will table the report of the State Information

Commission before the Vidhan Sabha (and the Vidhan Parishad wherever

applicable). (S.25)

23. What are the penalty provisions?

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs.

25,000/-,for –

i. not accepting an application;

ii. delaying information release without reasonable cause;

iii. malafidely denying information;

iv. knowingly giving incomplete, incorrect, misleading information;

v. destroying information that has been requested and

vi. obstructing furnishing of information in any manner.

The Information Commission (IC) at the State level will have the power to impose

this penalty. The Information Commission can also recommend disciplinary

action for violation of the law against an erring PIO. (S.20)

24. What is the jurisdiction of courts?

Lower Court are barred from entertaining suits or applications against any order

made under this Act. (S.23) However, the writ jurisdiction of the Supreme Court

and high Courts under Articles 32 and 225 of the Constitution remains

unaffected.

Fee Structure:

(1) An application for obtaining any information under sub-section (1) of

section 6 shall be accompanied with a fee of Rs. 50.

sections 6&7

(2) For providing an information under sub-section (1) of section 7, the fee

shall be charged from the applicant at the following rates, namely:-

(a) Rs. 10 for each page in A-4 or A-3 size paper, created or

copied; and

(b) If information is to be provided on a large size of paper than

that of specified in clause (a), the actual cost price of such a

paper shall be charged.

(3) For providing an information under sub-section (5) of section 7, the fee

shall be charged from the applicant at the following rates, namely;

(a) Rs.50 for providing information in a floppy;

(b) Rs. 100 for providing information in diskette; and

(c) If information sought is of such a nature, which is contained

in a printed document of which a price has been fixed, then

that information shall be provided after charging the price,

fixed for that printed document.

(d) However, if only an extract or page of such a printed

document is asked for, then a fee of Rs. 10 per page shall

be charged.

(4) No fee for inspection of record shall be charged, if such an inspection is

made for one hour only. However, if inspection is made for a period of

more than one hour, then a fee of rupees ten shall be charged for every

fifteen minutes in excess of first hour. Every fraction of the period above

fifteen minutes, shall be construed as a complete period of fifteen minutes

and it shall be charged as full period of fifteen minutes.

(5) Mode of payment of fee:

“The fee shall be deposited with the State Public Information Officer/State

Assistant Public Information Officer either in cash against proper receipt by

treasury challan or through Indian Postal Order or Bank Draft.”

(Notification No. 5/4/2002-IAR dated 25th July, 2006)

Circulars/instructions/Notifications issued by the Government regarding implementation

of Right to Information Act, 2005.

No. 5/4/2002-1AR

From

The Financial Commissioner & Principal Secretary to Govt., Haryana

Administrative Reforms Department.

To

(i) All Heads of Departments.

(ii) Registrar, Punjab and Haryana High Court, Chandigarh.

(iii) Commissioner, of Divisions in Haryana.

(iv) All Deputy Commissioners and SDOs (Civil), in Haryana.

(v) All Chief Administrators and Managing Directors of

Boards/Corporations in Haryana.

Dated Chandigarh the 30th Sept., 2005

Subject: Right to Information Act, 2005.

Sir,

I am directed to refer to the subject noted above and to state that with a

view to promoting openness, transparency and accountability in the working of every

public authority, the Government of India have enacted “The Right to Information Act,

2005” and notified the same in the Gazette of India on 21st June, 2005.

Section 4© & (d) of the Act cast an obligation upon all public authorities,

whether of the State or the Center, to publish certain categories of information and also

to grant access to citizens to information. This marks the advent of a new work culture

where the public authority shall have to :

(i) 4© publish all relevant facts while formulating important policies or

announcing the decisions which affect public;

(ii) 4(d) provide reasons for its administrative or quasi-judicial decisions to

affected persons.

Further section 4 prescribes that record shall have to be maintained in

prescribed manner and certain information shall have to be published within one

hundred and twenty days from the enactment of this Act.

At this stage your office is required :

(i) To give wide publicity to this Act and bring the contents of its intuition

known to all Employees and the administrative officers under your charge.

(ii) To take immediate steps toi publish ;the documents mentioned under

section 4(b)(i) to (xvii) of this Act.

(iii) Since this Act will have overriding effect, so all the existing Acts/

Instruments governing secrecy of the instruments/record would have to be

modified so that the new Act prevails and there are no escapades.

(iv) To take immediate steps for designating Public Information Officers and

Assistant Public Information Officers in the offices under your charge.

Action taken in respect of the above referred Act may be intimated to the

Administrative Reforms Department by 5the October, 2005, positively.

Encl.: (1) RTI ACT, 2005

Yours faithfully

(2) Salient features of the RTI Act, 2005

sd/-

Superintendent Administrative Reforms,

(3)Tasks to be completed prior to for Financial Commissioner & Principal Act

Secretary to Govt., Haryana

Commencement of the Act

Administrative Reforms Department.

.

------------------

No. 5/4/2004/Personal Attention

From

The Financial Commissioner & Principal Secretary

To Govt., Haryana, Administrative Reforms Department.

To

i) All Heads of Departments.

ii) Registrar, Punjab & Haryana High Court, Chandigarh.

iii) Commissioners of Divisions in Haryana.

iv) All Deputy Commissioners in Haryana and S.D.O. (civil) in Haryana.

v) All Chief Administrators and Managing Directors of

Boards/Corporations in Haryana.

Dated, Chandigarh, the 14th October, 2005

Subject: Right to Information Act, 2005.

Sir,

I am directed to refer to this Department letter No. 5/4/2002-1AR,

dated 30-9-2005 and subsequent reminders of even number dated 7-10-2005 and

7/10.10.2005, on the subject noted above and to state that the

departments/organizations which have not so far designated the State Public

Information Officers at District/Sub-Divisional level should immediately issue orders in

this regard, under intimation to the State Government. The departments which have no

Sub-divisional level officers may designate the said officers at district and headquarters

level. The Administrative Departments depending upon their organizational structure

may designate as many number of officers as State Assistant Public Information

Officers which may facilitate the applicants seeking information under the provisions of

the Act. However, at the Secretariat level, in each administrative department, a

Superintendent /Under Secretary/ Deputy Secretary, as the case may be, shall be

considered for designating as such by the Administrative Secretary.

2. The designations mentioned as Public Information Officer/Assistant

Public Information Officer in this department letters referred to above may be read as

State Public Information Officer/State Assistant Public Information Officer.

3. In each department only one officer, senior in rank to the State Public

Information Officer may be designated as First Appellate Authority for the entire

department/organization at the headquarters.

4. It is also requested that for giving publicity and making

information/documents available to the public under section 4(1) (b) (i) to (xvii) of the

Act each department/organization may immediately add all available information to their

websites. Where this facility is not available, the information may be added to the

Haryana State website. Besides, this information may also be displayed on Notice

Boards at the headquarters and in the field offices of the department.

5. Action taken in this regard may be intimated to the Administrative

Reforms Department, Haryana, 5th Floor, New Civil Secretariat, Haryana, Sector-17,

Chandigarh immediately.

Yours faithfully,

Sd/-

(K.L. Sharma)

Research Officer (AR)

for Financial Commissioner & Principal

Secretary to Government, Haryana,

Administrative Reforms Department.

Subject: Information regarding notification of Public Information Officers, Assistant

Information Officers and Appellate Authorities.

[No. 5/4/2005-A.R. dated 10.2.2006]

Sir,

I am directed to refer to the subject noted above and to say that most of

the Departments/Boards/Corporations have already notified the PIOs., APIOs as well as

the First Appellate Authorities under the Right to Information Act, 2005. This have also

been probably put on the website of the State Government. Letters are being received

in the Information Commission that many of them are not able to access the website

and have asked for details Departments/Boards/Corporations may take the following

action :-

1. All the departments both at the headquarters and in the field should

prominently display on their notice boards the details of officers who have

been notified as PIOs/APIOs as well as first Appellate Authorities under

the Right to Information Act, 2005.

2. The Format of application for seeking information under the Act should

also be displayed on the notice boards of all Govt.

offices/Boards/Corporations alongwith the details of the fee, which is

required to be deposited.

************

PROCEEDINGS OF THE SEMINAR ON THE RIGHT TO INFORMATION ACT, 2005

HELD ON 7.2.2006 AT 9.30 AM AT HARYANA NIWAS, SECTOR-3, CHANDIGARH

UNDER THE CHAIRMANSHIP OF CHIEF SECRETARY TO GOVERNMENT

HARYANA.

[Circulated vide Financial Commissioner & Principal Secretary to Govt.

Haryana. Administrative Reforms Department No. 5/4/2005-1AR dated

6.3.2006]

Present :

(i) All Administrative Secretaries

(ii) All Heads of the Departments

PROCEEDINGS

A seminar on the Right to Information Act, 2005 was convened on 7.2.2006 at 9.30 AM

at Haryana Niwas, Sector-3, Chandigarh wherein the discussion on certain points

pertaining to the said Act took place, detail of which is mentioned below:-

5. It was asked/directed to furnish the information under Section 4(i) b of the

Right to Information Act, 2005 and the same be put on the State website

(www.rti.gov.in.). Organizations with heavy information demands may

create their own website. A link to the website of the organizations would

be provided from the State RTI site.

6. The participating officers were asked to give an update about designating

officials as State Public Information Officers at Secretariat/directorates,

State Assistant Public Information Officers at districts and subdivisions

and the First Appellate Authority at the Headquarters. It was also asked to

put such designated officers/officials on the State website or concerned

departments` website and also on notice boards of the organizations with

full address and telephone numbers of State Public Information

Officer/Assistant State Public Information Officer and First Appellate

Authority.

7. It was also decided to maintain the record for sending annual report to State

Information Commission.

8. It was also decided to circulate a note on the experiences in implementation as

well as salient features of the Act for easy reference to all

Departments/Public Sector Undertakings.

The seminar ended with a thanks to the Chair.

HARYANAGOVERNMENT

ADMINISTRATIVE REFORMS DEPARTMENT

Notification

The 20th October, 2005

No. 5/4/2002-1AR.- In exercise of the powers conferred by section 15 (3) of the “Right

to Information Act”, 2005 (Central Act. No. 22 of 2005), the Governor of Haryana is

pleased to constitute a Committee consisting of the following:-

1. Chief Minister, Haryana

Chairperson

2. Shri Om Parkash Chautala, MLA

Member

3. Shri Venod Kumar Sharma,

Excise and Taxation and Forests Minister, Haryana

Member

This Committee shall recommend the names for appointment of the Haryana State

Information Commissioner and the Haryana State Information Commissioners. The

Director, Information and Technology, Haryana shall assist the Committee as its

Secretary.

Notification

The 29th December, 2005

No. 5/4/2005-1AR.- In exercise of the powers conferred by sub. Section

(4) of Section 24 of the “Right to Information Act:, 2005 (Central Act. No. 22 of 2005) the

Governor of Haryana hereby specifies the intelligence and security organizations as

mentioned in the schedule given below for the purpose of the said sub-section.

Schedule

(i) State Criminal Investigation Department (C.I.D.: including the Crime

Branch:

(ii) Haryana Armed police:

(iii) Security Organizations of Police:

(iv) Haryana Police Telecommunication Organization:

(v) India Reserve Battalion:

(vi) Commando:

[Extract from Haryana Government Gazette (Extra.), dated the 25th July, 2006]

HARYANA GOVERNMENT

ADMINISTRATIVE REFORMS DEPARTMENT

Notification

The 25th July, 2006

No. 5/4/2002-IAR-In exercise of the powers conferred by Sub-section (1) read with

Sub-section (2) of Section 27 of the Right to Information Act, 2005 (Central Act 22 of

2005), the Governor of Haryana hereby makes the following rules further to amend

the Haryana Right to Information Rules, 2005, namely:-

1. These rules may be called the Haryana Right to Information (Amendment) Rules,

2006.

2. In the Haryana Right to Information Rules, 2005, in rule 4, for sub-rule(1), the

following sub-rule shall be substituted, namely:-

“(1)The fee shall be deposited with the State Public Information

Officer/State assistant Public Information Officer either in cash

against proper receipt or by treasury challan or through Indian

Postal Order or Bank Draft.”

PREM PRASHANT,

Chief Secretary to Government Haryana,

Administrative Reforms Department

FOR PERSONAL ATTENTION OF ADMINISTRATIVE SECRETARIES

SUBJECT: IMPLEMNTATION OF RTI ACT, 2005- SUBMISSION OF CERTIFICATE.

Will all the Financial Commissioners & Principal Secretaries and Commissioners

& Secretaries to Government, Haryana kindly refer to this department’s U.O. of even

number dated 30-9-2005 and subsequent reminders dated 7-10-2005, 7/10.10.2005,

14-10-2005, 2-12-2006 and 1-2-2006 on the subject noted above.?

2. In order to ensure the implementation of RTI

Act, 2005 in letter and spirit, it has been decided that all the Administrative Secretaries

may be requested to positively furnish a certificate by 31st August, 2006 stating therein

that:

all steps required under the ibid Act and the Rules make thereunder have

since been taken by their respective Departments, HODs,

Boards/Corporations and all the field officers subordinate thereto in the

State.

All the concerned HODs, Heads of Offices, PIOs, APIOs and 1st

Appellate Authorities have been sensitized about the application of RTI

Act.

All necessary information and formats as required under the Act and the

Rules made there under have been displayed on the; notice board of their

respective offices.

Their concerned functionaries have downloaded the RTI Rules, 2005 from

the State website www .rti .gov .in or arranged a copy thereof otherwise

and kept this copy handy for the convenience of the public at large.

Joint Secretary Administrative Reforms,

For Chief Secretary to Government Haryana,

Administrative Reforms Department.

To

(i) All Financial Commissioners & Principal Secretaries to

Government, Haryana.

(ii) All Commissioners & Secretaries to Government, Haryana.

U.O.No.5/4/2005-IAR,

Dated: Chandigarh, the 17th August, 2006.