Draft Letter To Public Authorities Regarding RTI Implementation
MNK
---------------------------------------
Friend,
I seek your help in sending the message placed below to the NGOs in
India ,
Members of urjadelhi. Citizen groups and social workers.
This is a message, which may interest the citizen groups working in
the
field of social welfare. It may enable them to in demand better
services
from the Government agencies in their areas of work. Sustained
pressure
from citizen groups is essential for the implementation of Right To
Information Act, in letter and spirit.
Looking forward to your kind co-operation. I will be grateful for an
early
response.
Dhirendra Krishna IA&AS (Retired)
CITIZEN'S RIGHT TO INFORMATATION FOR
DEMANDING BETTER SERVICES FROM THE GOVERNMENT
Friends,
1. At the initial stages, public authorities have not taken adequate
measures to implement the Right To Information Act 2005. Sustained
pressure
from non-government sources is therefore necessary. I am approaching
you and
few NGOs to take following steps, at the District level:
* Draft letter given at Annexure "A" may be modified to meet local
requirements and issued to the State Public information Officer in the
Deputy Commissioners Office.
* In order to reduce the costs, only inspection of public records is
being
requested in draft application. This can be followed by request for
copy of
public records.
* Inspection of these records may reveal the deficiencies in
implementation.
You are requested to complain to the State Information Commissioner
under
section 18(1)(f). Draft letter to State Information Commission is also
enclosed as Annexure "B", which can be modified after the inspection
of
records.
2. You are invited to join http://groups.yahoo.com/groups/rti4ngo to
share
the practical experiences and problems in the implementation of RTI
Act at
District/Block/Village level. You are also requested to post the
success
stories regarding benefits derived by citizens by practical use of RTI
Act.
Your help is needed in passing this message to other interested
citizens. I
will be grateful for your kind response and suggestions.
Dhirendra Krishna IA&AS (Retired)
Email: dhirendrakris...@yahoo.co.uk
ANNEX URE "A"
DRAFT LETTER TO PUBLIC AUTHORITIES REGARDING
IMPLEMENTATION OF RTI ACT
Address................
................................
......................
Date............................
To,
State Public Information Officer,
Deputy Commissioner,
(District)
(State)
Dear Sir/Madam
1. Kindly intimate the names and contact addresses on all State Public
Information Officers and Assistant Public Information Officers
appointed
under the Right To Information Act 2005 by the State Government. In
particular, kindly intimate the name and addresses of such officers in
following offices:
* Deputy Commissioner's Office.
* Office of Superintendent of Police.
* Education Department.
* Public Works Department.
* Irrigation Department.
* Public Health Department
* Agriculture.
* Rural water supply and sanitation
* Rural employment
2. I will like to see documents relating to due publicity to the name
and
contact addresses of the officers appointed under RTI Act, to enable
public
to access them. I am not aware of the SPIO/APIO appointed by each
public
authority in the District. You are requested to kindly give copy of
this
application to them under section 5(5) of the Act, for furnishing
required
information.
3. Kindly permit me to inspect the papers pertaining to instructions
issued by each public authority to implement section 4(1)(a) of the
Act,
regarding:
* Maintenance of the records duly indexed and catalogued to facilitate
public access.
* Computerization of records, within reasonable time and subject to
availability of resources.
* Connection of computerised records through a network all over the
country
on different systems, so that access to records is facilitated.
4. Kindly allow me to inspect the records regarding implementation of
aforesaid aspects of RTI Act, including (i) Time bound action plan
prepared
by each public authority in the District, (ii) Details of budget
allocation
earmarked for this purpose and (iii) Training to inculcate attitudinal
and
cultural change in the organisation towards citizens right to
information? I
will like to inspect the Annual Progress Report furnished under
Section 26
by each public authority at District level, to review whether
aforesaid
aspects have been covered.
5. Kindly allow me to inspect the documents with information required
to be
published under section 4(1)(b) (i) to (xvii) by each public authority
in
the District? What is the procedure for review of this information and
how
frequently would it be up-dated?
6. Kindly permit me to inspect the office order regarding procedure
for
publishing all relevant facts while formulating important policies and
providing reasons for quasi-judicial decision to the effected persons?
{Refer section 4(c) and 4(d)}
7. What measures have been taken to determine the information required
by
the public, which should be suo-moto published at regular interval, so
that
public has minimum resort to the use of RTI Act? Is the information
being
disseminated widely and is it easily accessible to the public? Kindly
permit me to inspect the file regarding instructions issued by each
public
authority regarding suo-moto disclosure of information of public
interest.
{Refer sections 4(2) to 4(4)}
8. Has each public authority issued comprehensive instructions
regarding
implementation of section 4 of the RTI Act, by concerned officers?
Have
departmental instructions been issued to enable the Public Information
Officer to get relevant records from other officers? (Refer section 5,
6 and
7.) I will like to inspect the instructions issued by each public
authority.
9. Have the Public Information Officers been trained to provide
reasonable
assistance to public and for implementing the RTI Act and letter and
spirit?
(Refer sections 8,9 and 10) Kindly allow me to inspect the documents
regarding training in authorities appointed under the RTI Act.
10. What efforts have been made to develop and organise educational
programs
to advance the understanding of the public and disadvantaged
communities as
to how to exercise the rights vested in them under the RTI Act? (Refer
section 26). Kindly permit inspection of files regarding training
programs.
11. Kindly permit review of the formal instructions issued by each
public
authority to provide information to illiterate citizens. Are
transparent
processes and systems in place? Is information produced in a form that
it is
useful to the disadvantaged section of the society? What is the level
of
investment in communication infrastructure, to facilitate the
implementation
of RTI Act in rural and remote area? Is the administrative system
sensitive
to the needs of disadvantaged section of the society? What is
hindering the
marginalized and disadvantageous sections of society to communicate
their
opinion, influence the decisions affecting them and provide feedback
regarding adequacy of delivery system? What measures have been taken
to
facilitate democratic participation of the marginalized section of the
society, through their use of RTI? I will like to review the relevant
records.
12. Is there any evidence of change in Government's information system
or
institutional reforms, as a result of RTI Act? Kindly allow inspection
of
records before the implementation of RTI Act and the modified records.
13. I will like to review the papers initiated by District level
public
authorities regarding practical problems in implementing RTI Act? Have
the
problems, if any, been highlighted in the Annual Implementation Report
under
section 25 of the Act? Have these administrative problems been
examined at
appropriate levels, to find practical and workable solutions? I will
like to
review the relevant records.
14. NGOs and civil society organizations are working towards using
RTI to
strengthening democratic institutions. What are the departmental
instructions regarding dealing with civil society organisations? What
type
of information is being requested by public and what use is being by
them?
Does the request for information bring out need for administrative
reforms?
Is there a system for using request for information under the RTI Act
as a
feedback from public and initiating corrective actions? What
corrective
actions have been initiated by the public authorities at the District
level?
I will like to see the relevant records.
15. Has the Public authority taken effective measures to use RTI Act
to
promote preventive vigilance? What are the corrupt practices that can
be
curtailed by transparency and public accountability at all levels? Has
the
public authority formulated policy of suo-moto disclosure of
information,
so that effective anti-corruption measures may emerge?
ANNEXURE "B"
DRAFT LETTER TO STATE INFORMATION COMMISSIONER POINTING OUT
DEFICIENCIES IN
IMPLEMENTATION OF RTI ACT, BY EACH PUBLIC AUTHORITY IN THE DISTRICT
Address................
......................
Date............................
To,
State Information Commissioner
Address
(State)
Dear Sir/Madam
1. I had sent enclosed application under the RTI Act to the State
Public
Officer in the office of District Collector. Accordingly public
documents of
................ Department were seen on............. Deficiencies in
implementation of RTI Act are explained below as a complaint under
section
18(1)(f). It is submitted that the Public Authority has not taken
adequate
measures to provide information to public as required under the RTI
Act.
2. Public Authority has not appointed adequate number of Public
Information
Officer/ Assistant Public Information Officer in their jurisdiction.
As a
result, public is unable to access information under the RTI Act. The
name
and address of these officers have not been given due publicity and
public
is finding it difficult to approach them.
3. Action has not been taken by the public authority on section 4(1)
(a) of
the Act, which envisages following measures by each public authority:
a. Maintenance of the records duly indexed and catalogued to
facilitate
public access.
b. Computerization of records, within reasonable time and subject to
availability of resources.
c. Connection of computerised records through a network all over the
country
on different systems, so that access to records is facilitated.
4. Inspection of records regarding implementation shows that Public
Authorities have not required administrative actions to implement RTI
Act.
There is no time bound action plan for implementation. No budget
allocation
has been made for the implementation. There is no training program to
inculcate attitudinal and cultural change in the organisation. There
is no
change in Government's information system or institutional reforms, as
a
result of RTI Act. These deficiencies in implementation have not been
reported in the Annual Progress Report furnished under Section 26.
5. Information required to be published under section 4(1)(b) (i) to
(xvii)
is inadequate and does not serve the intended purpose. There is no set
procedure for review of this information and frequent updation. No
measures
have been taken to determine the information required by the public,
which
should be suo-moto published at regular interval, so that public has
minimum
resort to the use of RTI Act? Sections 4(2) to 4(4) regarding suo-moto
disclosure of information remain unimplemented.
6. Public Authority has not implemented section 4(c) and 4(d), which
requires every public authority to disclose all relevant facts while
formulating important policies and providing reasons for quasi-
judicial
decision to the effected persons.
7. Public authority has not issued departmental orders regarding
implementation of section 4 of the RTI Act. There are no departmental
instructions to enable the Public Information Officer to get relevant
records from other officers. Public Information Officers been not
been
trained to provide reasonable assistance to public and for
implementing the
RTI Act and letter and spirit.
8. No efforts have been made to develop and organise educational
programs to
advance the understanding of the public and disadvantaged communities
as to
how to exercise the rights vested in them under the RTI Act? Section
26 has
not been implemented and it seems that there are no plans to implement
it.
9. Public authority has not taken administrative measures to
provide
information to illiterate citizens. There is no investment in
communication
infrastructure, to facilitate the implementation of RTI Act in rural
and
remote area. Administrative system is not sensitive to the needs of
disadvantaged section of the society.
10. No effort is being made to resolve the practical problems in
implementation. These problems have not been highlighted in the Annual
Implementation Report under section 25 of the Act.
11. NGOs and civil society organizations are working towards using
RTI to
strengthening democratic institutions. No administrative measures are
being
taken for corrections based on feedback from the public, through the
issues
raised in RTI applications.