In view of section 4(1)(b)(v) It is not the duty of PIO to supply the proper rules and regulations.

[sngupta]

I am facing the problem of working by the public authorities without placing proper rules regulations in file supported the action of public authority. If any public authority is not supplying the proper rules regulations supported the action of public authority may not be treated the proper information not supplied. At least CIC must punish the public authority such type of action so that the public authority will be bounded to work as per rules regulations.

[taurus]

The duty of the PIO is simply to furnish the information sought for. Information is TRUTH. It is supplied in the form in which it is available. PIO cannot add anything to it and supply.

[sngupta]

Mr. Taurus,
In RTI act there is two termology one is PIO and one is public authority. Really the PIO will supply all information available with them but section 4(1)(b)(v) is obligation to every public authority to maintain the rules and regulations supporting the action made by public authority. The PIO is an agent between information seekers and all the public auhorities to whom he is PIO. Now again please say me the correct position.

[vashisthvivek]

Dear sngupta ji,
I afraid that the Information Commissions cannot punish the public authorities for not working as per the rules. S.4(1)(b)(v) imposes an obligation to disseminate the rules, regulations, instructions, manuals etc. used for discharging its functions. However, it does not impose an obligation to follow these rules. Although, the action of the Public Authorities can be challenged on the forums other than the RTI for not working as per the rules and regulations, but not under the RTI. The RTI only grants you weapons to fight against such things and you have to fight your battle with these weapons. Moreover, when you such a strong weapon, your battle becomes easier. I think, this is the role of the RTI.

[sngupta]

Dear Mr. Vivek,
RTI provides us an opportunity to get informations and as per S.4(1)(b)(v) impose an obligation to public authorities to act placing the rules regulations in file. It is written in section that to discharge function the rules regulations held by public authorities must be disclosed. In Govt functioning every action must be supported by statuary enactment. Like the RTI act 2005 was enacted under fundamental rights and directive principles of Constitution of India. The very purpose of RTI is only to make public authorities liable to work as per rule and it will definately reduce the corruption. In so many cases disposal time was also decided by public authorities are not completing the work in time. Even so many correpondence throwing in dust bin without any action. We may stop such type of actions through RTI. In my views if public authorities are supplying proper informations must be treated as non supply of information and must be punished for it.

[vashisthvivek]

Respected Gupta Ji,
S.4 (1)(b(v) provides that every public authority shall publish within one hundred and tewnty days from the enactment of this Act,the rules, regulations, instructions, maunals and records, held by it or under its control or used by its employees for discharging of its functions.
This clause is limited only up to publishing the rules. If the PA is not working as per the these rules, one can ask for reasons 4(1)(d). Under the RTI Act the PA can be forced to work as per rules indirectly only. If the PA is working against the rules, the matter has to be challenged only in the appropriate court and not under the RTI.

[sngupta]

Dear Mr. Vivek,
Whenever there is obligation in act.
S.4 (1)(b(v) provides that every public authority shall publish within one hundred and tewnty days from the enactment of this Act,the rules, regulations, instructions, maunals and records, held by it or under its control or used by its employees for discharging of its functions.
If the PA is not working as per the these rules, one can ask for reasons 4(1)(d).
These two self defined that this act impose the obligation to work as per rules and regulations. As per my views the CIC must punish the public authorities non following rules regulations or not in position to provide the supporting rules discharging of its functions.

[taurus]

Originally Posted by sngupta

Dear Mr. Vivek,
Whenever there is obligation in act.
S.4 (1)(b(v) provides that every public authority shall publish within one hundred and tewnty days from the enactment of this Act,the rules, regulations, instructions, maunals and records, held by it or under its control or used by its employees for discharging of its functions.
If the PA is not working as per the these rules, one can ask for reasons 4(1)(d).
These two self defined that this act impose the obligation to work as per rules and regulations. As per my views the CIC must punish the public authorities non following rules regulations or not in position to provide the supporting rules discharging of its functions.

The power to impose penalties under the Act is vested with the CIC under sec 20 of the Act. This penalty can be imposed only on the CPIO/SPIO. CIC has no powers under the Act to penalise any one else. That is the legal position.

[sngupta]

Ultimately that penalty may recovered with erring officers.

[karira]

Under Section 25(5), the CIC or SIC can "recommend" steps to the PA for conforming to the Act.
However, no penalty is ever leviable on a PA.

Moreover, while deciding a Appeal or a Complaint, the CIC/SIC can use Section 19(8)(iii) and (iv).

In my opinion, a good way (but a long drawn out process) would be, to file a RTI Application with a PIO and ask if the PA itself has published under 4(1)(b)(v) and details of the same. If the PA has not published, atleast it will wake up. If it does not, go for First Appeal and then during the second appeal before the CIC/SIC make a plea to them to invoke Sections 19(8)(iii) and (iv) and require the PA to publish under 4(1)(b)(v).

[karira]

In support of my above post, please see:

1. http://cic.gov.in/CIC-Orders/Decision_01062006_5.pdf

ii) The Chairman, Steel Authority of India Ltd. and the Secretary, Ministry of Steel
are directed to ensure that the obligations of public authorities, as mandated u/s 4(1) of

the Act are fulfilled. A compliance report should be furnished at the earliest.

2. http://cic.gov.in/CIC-Orders/Decision_04042007_03.pdf
However, having accepted the arguments of the public authority as above, we are constrained to observe that as point out by the complainant, the MoUD is not in full compliance with Section 4 (1) (d). She has, in Annexure-A to her rejoinder also pointed out the gaps in information u/s 4 (1) (b) on the MoUD’s website. A copy of this rejoinder is appended with this decision. The MoUD would be well-advised to examine the suggestions made and adopt them in a manner facilitating public access to information under the RTI Act as mandated by Section 4 of the Act".

3. http://cic.gov.in/CIC-Orders/Decision_20112006_3.pdf

In the case of DDA they are
directed to comply with the provisions of sec. 4(1)(c) & (d) in matters concerning
them which affect the public in general. Even though they have maintained that
they have not received the orders of PIO, LG’s office and do not hold the
information sought in this case, compliance to this direction must be completed

within one month of the date of issue of this order.

[sngupta]

If this section imposing obligation to public authorities to act according to rules regulations and rules must be placed in file. I want remedy under RTI that if public authority is not in position to supply correct information asked by applicant by any reason he must be punished for non supplying of information or not.

[karira]

Originally Posted by sngupta

If this section imposing obligation to public authorities to act according to rules regulations and rules must be placed in file. I want remedy under RTI that if public authority is not in position to supply correct information asked by applicant by any reason he must be punished for non supplying of information or not.

There is no such remedy at present !