Right to information and obligations of public authorities including SCIC

[agarwalas]

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;

Which authority one can make a representation to ensure that SCIC's comply with the provisison of Section 4[1] of RTI Act 2005?

[kushal]

Do you want to get the information from SCIC? And are you actually asking for the proactive disclosure form SCIC itself?

[agarwalas]

As SCIC is not making available the information, I am actually asking for the proactive disclosure form SCIC itself.

[mpai]

Originally Posted by agarwalas

As SCIC is not making available the information, I am actually asking for the proactive disclosure form SCIC itself.

Yes, you are right many of the SCICs are not making available their information on the websites. Further some of them dont have their own website.

A few like the Gujarat State SIC has a well designed site and put up their decision on the same day. Even some of the North Eastern SICs like Nagaland shows signs of improvement lately.

Manoj

[agarwalas]

Thanks. Do you agree that SCIC should also come under the perview of RTI Act 2005?

[karira]

The RTI Act 2005 does not exempt CIC or SIC from the Act.
They have to have a PIO.
In fact, if you visit the CIC website (CIC) there are several proactive disclosures amde under the Act. Please see:

http://www.cic.gov.in/RTI-Disclosure...Disclosure.pdf

those are disclosures as mandated under Section 4 of the act.

The following thread might also be of interest to you:

http://www.rtiindia.org/forum/ask-rt...ation-sic.html

[karira]

Agarwalas,

You have rightly quoted Section 4, 1 a.
Please also look at Section 4, 4:

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.


As per the above, my view is that SCIC's have to put up their decisions in electronic format (they cannot argue that information in paper form is more easily "searchable" than in electronic form). Go for it.

[agarwalas]

I have sent an email to CIC asking for his views. I have had no response thus far. I am planning to write to Secreatry Ministry of Law for his views, in case I do not receive a response by end of this month.

[mpai]

Originally Posted by agarwalas

I have sent an email to CIC asking for his views. I have had no response thus far. I am planning to write to Secreatry Ministry of Law for his views, in case I do not receive a response by end of this month.

Normally CIC do respond to email within a day or two. Lets hope, your mail did not enter the spam box.

Can you specify which particular SIC you are referring to?

Manoj

[agarwalas]

Email was sent to CIC. Message appended below for information.

Sent: Wednesday, June 13, 2007 8:30 AM
Subject: Right to information and obligations of public authorities including SCIC


Dear Mr. Habibullah,

CIC has a well designed website that makes available all the information required by Citizens of India.

However, it is my observation that many of the SCICs are not making available their information on the websites. Further some of them don't have their own website adn email ids. Some of them do not even reply to simple queries. A few like the Gujarat State SIC has a well designed site and put up their decision on the same day. Even some of the North Eastern SICs like Nagaland shows signs of improvement lately.

According to Section 4. (1) of RTI Act 2005

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 computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated;

I am of the view that SCIC should make proactive disclosure.

I would like to know from your Office the authority one should approach to ensure that SCIC make proactive disclosure.

Thanks and regards,


Dr. Kamlesh N Agarwala

[karira]

Agarwalas,

Here is a SIC (West Bengal) which expresses inability to give information about itself ! One more instance which strengthens your plea to the CIC. If you feel it's correct to do so, please send a copy to CIC as a follow up to your email.

Data panel trips on information

SOUMEN BHATTACHARJEE

The state information commission has failed to provide details about itself to a petitioner under the Right to Information (RTI) Act. The commission is the apex body in the state to settle all disputes related to RTI. “I was surprised when the panel’s secretary informed me last month that his department was not ready to furnish the details that I had sought in April,” said S. Khettry, president, RTI Manch, West Bengal. He had wanted to know the number of applications filed in the state under the RTI Act and the number of cases that has been disposed of. “They asked me to visit their office and wade through documents to find out the information that I needed,” said Khettry. A letter from the commission, dated May 21, 2007, a copy of which is with Metro, states: “…we tried our level best to furnish the information as per your seeking within the stipulated time. But since the records of the commission are maintained manually, it is disproportionately diverting resources of the office, hampering all other works.” Ashok Mansata, RTI activist, wondered: “If the commission doesn’t have information about itself, how can we expect it to furnish information about other public bodies.” No public body is allowed to make a declaration of its inability, according to the RTI Act. “The law is very clear. According to Section 4 of the Act, the commission cannot say that it is unable to furnish information,” said Sanjay Dwibedi, lawyer of Calcutta High Court and an RTI specialist. “As maintenance of records is not computerised, there is a difficulty in furnishing the information. However, we have a computer operator from last Friday and we hope to complete our pending work shortly,” said a commission official. Chief information commissioner Arun Bhattacharya, however, refused to comment.

The Telegraph - Calcutta : Metro