can following information be asked?

[ankursaxena_321]

Respected members of the group, please guide me that can following information be asked and please also have a look at section 4 of RTI act in respect of information asked by me. i want to start a NGO to deal with corruption and for other social activity and want to use RTI as a tool to get the information and to help the people. I want to know

1. The function of District magistrate office and
2. how many sub-sections(departments) are there.
   
   1. par ticulars of its organisation, functions and duties;
   2. the particular of powers and duties of its officers and employees;
      
      1. How many employees are working there(in each sub section).
      2. What are their name and designation.
      3. The power and their duties of employees.(job specification & job description).
      4. what are their monthly salary.(annual salary of every year from their appointment to current year)
      5. from how long time they are posted at current location.
      6. What are their appointment date.
      7. If they are promoted then when and at what basis.
      8. If any complaint/s has/have been lodged against any employee at any time during his/her service.
         
         1. What is the complaint.
         2. When the complaint has been lodged.
         3. What action has been taken on the complaint.
         
         
      9. what is the procedure to lodge a complaint against the employee of the your organisation if he is involved in corrupt practices or he has disproportionate assets from his income.

1. the procedure followed in the decision making process, including channels of supervision and accountability;
2. the norms set by it for the discharge of its functions;
3. the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;
4. a statement of the categories of documents that are held by it or under its control;
5. 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;
6. details in respect of the information, available to or held by it, reduced in an electronic form;
7. 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;
8. the names, designations and other particulars of the Public Information Officers;

1. What is transfer policy for employees/officer.

Please have a look at Section 4 of RTI Act 2005 and tell me that can about information that I want to know can be asked.4. (1) Every public authority shall— a) maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under this Act and ensure that all records that are appropriate to be computerised are, within a reasonable time and subject to availability of resources, computerised and connected through a network all over the country on different systems so that access to such records is facilitated; b) publish within one hundred and twenty days from the enactment of this Act,—(i) the par ticulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the 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; (v) the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are 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 its policy or implementation thereof; (viii) a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted as its part or for the purpose of its advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (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 of beneficiaries of such programmes; (xiii) particulars of recipients of concessions, permits or authorisations granted by it; (xiv) details in respect 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 names, designations and other particulars of the Public Information Officers; (xvii) such other information as may be prescribed; and thereafter update these publications every year; c) publish all relevant facts while formulating important policies or announcing the decisions which affect public; d) provide reasons for its administrative or quasi-judicial decisions to affected persons. (2) It shall be a constant endeavour of every public authority to take steps in accordance with the requirements of clause (b) of sub-section (1) to provide as much information suo motu to the public at regular intervals through various means of communications, including internet, so that the public have minimum resort to the use of this Act to obtain information. (3) For the purposes of sub-section (1), every information shall be disseminated widely and in such form and manner which is easily accessible to the public. (4) All materials shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible, to the extent possible in electronic format with the Central Public Information Officer or State Public Information Officer, as the case may be, available free or at such cost of the medium or the print cost price as may be prescribed. Explanation.—For the purposes of sub-sections (3) and (4), "disseminated" means making known or communicated the information to the public through notice boards, newspapers, public announcements, media broadcasts, the internet or any other means, including inspection of offices of any public authority.

[jps50]

Sponsorer

Please do not ask questions but seek information and copies of record. You may ask any type of question and it is upto PIO to provide or not to provide information. Please do not make queries cumbersome or very lengthy. You may file another RTI after few days.

For example instead of "What is transfer policy for employees/officer" you should state "Please provide me certified updated copy of transfer policy for employees/officer" At times queries in question form are not treated as information as defined in RTI Act. There is also judgement of Goa bench of Bombay High Court to this effect.

[ankursaxena_321]

thank you sir for your valuable guidance but respectfully i want to know one another thing from you that the information i am seeking in form of questions(i understood that questions should not asked) should be provided by every organization without asking according to sec 4 of RTI ACT with in one hundred and twenty day from the enactment of the Act. but if any organization does not provide the information that should be provided without asking according section 4 of RTI ACT what options we have under RTI.

Regards

[jps50]

In this case, you need to submit non-RTI application [addressed to head of office/dept] seeking hard copy of proactive disclosure or link on website. If it is not provided in 15-20 days free of cost, you have to lodge complaint to CIC [for central govt offices] or SIC [for state govt offices]. This could be in the form of detailed letter with photocopies of earlier request and proof of mailing etc addressed to Chief Information Commissioner of CIC or SIC.

[ankursaxena_321]

Respected Sir
Section 4(1) says that Every public authority shall— sec 4(a)... and.... . and according to Section 2(h)

(h) "public authority" means any authority or body or institution of self- government established or constituted—
(a) by or under the Constitution;
(b) by any other law made by Parliament;
(c) by any other law made by State Legislature;
(d) by notification issued or order made by the appropriate Government,
and includes any—
(i) body owned, controlled or substantially financed;
(ii) non-Government organisation substantially financed,
directly or indirectly by funds provided by the appropriate Government;


so according to above sections district Magistrate will be public Authority or not ?? and a non-RTI application seeking hard copy of proactive disclosure or link on website can be sent to District Magistrate ???

Regards