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    Ensure compliance to section 4 of RTI 2005


    I am pasting here section 4 of RTI 2005 which is very usefull clause and reply of so many querries. Dear friends I expect every one to ensure the compliance of section 4.
    <TABLE width="100%" border=0><TBODY><TR><TD vAlign=top align=middle width="7%">4</TD><TD vAlign=top align=middle width="6%">(1)</TD><TD vAlign=top align=middle width="6%"> </TD><TD width="81%" colSpan=2>Every public authority shall—</TD></TR><TR><TD vAlign=top align=middle width="7%"></TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%">(a)</TD><TD width="81%" colSpan=2>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;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%">(b)</TD><TD width="81%" colSpan=2>publish within one hundred and twenty days from the enactment of this Act,—</TD></TR><TR><TD vAlign=top align=middle width="7%"></TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">
    (i)
    </TD><TD width="123%"> the particulars of its organisation, functions and duties;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(ii)</TD><TD width="123%"> the powers and duties of its officers and employees;
    </TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(iii)</TD><TD width="123%">the procedure followed in the decision making process, including channels of supervision and accountability;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(iv)</TD><TD width="123%">the norms set by it for the discharge of its functions;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(v)</TD><TD width="123%">the rules, regulations, instructions, manuals and records, held by it or under its control or used by its employees for discharging its functions;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(vi)</TD><TD width="123%">a statement of the categories of documents that are held by it or under its control;
    </TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(vii)</TD><TD width="123%">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;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(viii)</TD><TD width="123%">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;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(ix)</TD><TD width="123%">a directory of its officers and employees;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(x)</TD><TD width="123%">the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xi)</TD><TD width="123%"> the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made;
    </TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xii)</TD><TD width="123%"> the manner of execution of subsidy programmes, including the amounts allocated and the details of beneficiaries of such programmes;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xiii)</TD><TD width="123%">particulars of recipients of concessions, permits or authorisations granted by it;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xiv)</TD><TD width="123%">details in respect of the information, available to or held by it, reduced in an electronic form;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xv) </TD><TD width="123%">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;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xvi) </TD><TD width="123%">the names, designations and other particulars of the Public Information Officers;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="1%">(xvii)</TD><TD width="123%">such other information as may be prescribed and thereafter update these publications every year;</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%">(c)</TD><TD width="81%" colSpan=2> publish all relevant facts while formulating important policies or announcing the decisions which affect public;
    </TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%">(d)</TD><TD width="81%" colSpan=2>provide reasons for its administrative or quasi-judicial decisions to affected persons.</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%">(2)</TD><TD vAlign=top align=middle width="6%"> </TD><TD width="81%" colSpan=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.</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%">(3)</TD><TD vAlign=top align=middle width="6%"> </TD><TD width="81%" colSpan=2>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.</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%">(4)</TD><TD vAlign=top align=middle width="6%"> </TD><TD width="81%" colSpan=2>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.</TD></TR><TR><TD vAlign=top align=middle width="7%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD vAlign=top align=middle width="6%"> </TD><TD width="81%" colSpan=2>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 </TD></TR></TBODY></TABLE>


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  2. #2
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    Re: Ensure compliance to section 4 of RTI 2005


    <TABLE width="100&#37;" border=0><TBODY><TR><TD vAlign=top align=middle width="6%">a)</TD><TD width="81%" colSpan=2>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</TD></TR></TBODY></TABLE>
    I had one experience of inspecting files in a Govt. Department. Nothing correctly done in that office for maintaining records, as specified above. When asked , they informed that their procedure of keeping records like that only. Neither catalogued nor indexed and above all records were kept without maintaining chronological order as well as some records were not available also .
    I am going to complain in the SIC, though it is already known to me that SPIO -friendly SIC will not take any action whatsoever but only remembering the concerned SPIO to follow the procedure properly. Nothing more is expected---- Abhijeet

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    Re: Ensure compliance to section 4 of RTI 2005


    Really so many departments and organs of Govt are not following RTI ACT 2005. I started this thread due to I felt that there is lack of knowledge of so many my friends. In my another thread I asked advice to my forum man. As advised in forum I am suppossed to inspect the document as the decision given by AA. Actually PIO BSNL Jaipur is not supplying so many informations asked by me. So ultimately I have submitted an application to PIO to provide me the place where these all informations have been placed. The could not supplied the information. I will make complained to CIC on non getting information in this regards.I will quote all the letters received from PIO in complained. If the RTI activist will support me I may file writ petition in high court under article 226 of constitution for compliance of RTI Act 2005 to all public authorities. We may file the case against the chief secretary of the state and Secretary to Govt of India for immediate compliance of RTI. Mr. Abheejit this place may be used to interact each other for successful implementation of RTI. In future we may call each other to make ourselves powerfull to face the persons not implementing RTI. Wishing you every success.

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    Re: Ensure compliance to section 4 of RTI 2005



    Now a days PIOs have become extremely clever, due to the intentional inaction on the part of SIC. It is known to them that friendly SIC would not penalize them, only remember them to " follow the time schedule in case of RTI application. And there ends the responsibility . A.A also is following the same path. Only after receiving the copies of 2nd appeal , PIO/A.A will do some thing ( providing some irrelevant, misleading information )Then you have to complain to SIC. Yesterday only I sent a complain to SIC even after 1st appeal then complain to SIC, and after waiting for about 45 days I sent 2nd complain w.r.t my 1st complain. THe Hon'ble PIO & A.A simply enjoying our harrassment. But it is not known to me whether 2nd complain is acceptable in the same matter. As long as PIOs have something to hide, they will behave like this only. I don't know when that situation will arise when the PIOs will not afraid to hide anything or otherwise they will not have any reason to save the corrupt officers/persons. Let us hope for the best.---- Abhijeet

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    Re: Ensure compliance to section 4 of RTI 2005


    Dear Abhijeet,
    What you mentioned here is a real picture of authorities. I am also facing problem like you. We need an association to campaign against such type of officers. Please give an application tomorrow to get the compliance of section 4 of RTI Act 2005. Please keep the information/letters and not to make complained to CIC or SIC. Please made complained to CIC/SIC whenever two month will over from the day you ask information for ensuring compliance under section 4 of RTI 2005. Wishing every success.

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    Re: Ensure compliance to section 4 of RTI 2005


    Mr Aruna Rai emphasized the implementation of section 4 of RTI 2005 on the occassion of first anniversary of Rajasthan Information Commission.

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    Re: Ensure compliance to section 4 of RTI 2005


    Momentum has to be built up whereby the baboos are afraid of some kind of disciplinary action, if they behave, the way they behave at present. Their jobs are secured, and they are not afraid of anybody. First of all their jobs should be made dependent on their performance, and if they don't perform well even once, it should be un-pardonable, and they should be compulsorily retired without any pension or benefits. Rather they should be punished and penalised monetarily too.
    There has to be some kind of mechanism whereby the bureaucratic affinity is checked so as not to come in the way of the implementation of the RTI and similar acts.
    Whenever some such noble act is made, the bureaucracy amends it in such a way, as suits them.
    also those bureaucrats, who perform well should be rewarded in a suitable manner.
    Rajeev Verma
    Tel. +1-201-681-8044 (cell)
    24 hours.

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    Re: Ensure compliance to section 4 of RTI 2005


    Mr Rajeev Verma,
    Can you elaborate your above post vis-a-vis, the topic of this thread?
    Defeat is not final when you fall down. It is final when you refuse to get up.

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