Tuesday 26 November 2013

PROACTIVE DISCLOSURE U/S 4 OF RTI ACT – NON –COMPLIANCE BY PUBLIC AUTHORITIES


Department of Personnel and Training, has issued detailed guidelines on suo motu disclosure vide OM No.1/6/2011-IR    Dated the 15th April, 2013. The OM, inter alia,(http://www.cic.gov.in/GuidelinesOnProActive.pdf )  requires as under:
1.       All Public Authorities shall proactively DISCLOSE RTI APPLICATIONS AND APPEALS RECEIVED AND THEIR RESPONSES, on the websites maintained by Public Authorities with search facility based on key words.   
2.       Ensure that websites’ disclosures are complete, easily accessible, technology and platform neutral and in a form which conveys the desired information in an effective and USER-FRIENDLY MANNER.
3.       ORDERS of the public authority SHOULD BE UPLOADED ON THE WEBSITE IMMEDIATELY after they have been issued.
4.       Websites should have detailed directory of key contacts, details of officials of the Public Authority.
5.       Information must be presented from a user's perspective, which may require re-arranging it, simplifying it etc.   
6.       Every public authority must endeavour to integrate the information mentioned in these sub-clauses while preparing voluntary disclosure materials.
7.      ALL GOVERNMENT OFFICERS HAVE TO FOLLOW LAID DOWN OFFICE PROCEDURE MANUAL OR THE OTHER RULES which gives details of how representations, petitions and applications from citizens must be dealt with.
8.      The challenge is to present a simplified version of the decision-making procedure that is of interest to a common citizen.
9.       In the event of a public authority altering an existing decision-making process or adopting an entirely new process, such changes must be explained in simple language in order to enable people to easily understand the changes made.
10.   Laying down individual responsibility for providing the goods and services (WHO IS RESPONSIBLE FOR DELIVERY/IMPLEMENTATION AND WHO IS RESPONSIBLE FOR SUPERVISION).
11.   Data about records that have been digitized may be proactively disclosed on the respective websites, excluding those records /files /information that are exempted under Section 8.
12.   The Action Taken Report on the compliance of these guidelines should be sent, along with the URL link, to the DoPT and Central Information Commission soon after the expiry of the initial period of 6 months
13.   Proactive disclosure should be done in local language so that it remains accessible to public. 
14.   All discretionary /non-discretionary grants/ allocations to state governments/ NGOs/Other institutions by Ministry/Department should be placed on the website of the Ministry/Department concerned.  
15.  Website should contain all the relevant Acts, Rules, forms and other documents which are normally accessed by citizens.
16.  Information must be presented from a user's perspective, which may require re-arranging it, simplifying it etc. 
17.   All government officers have to follow laid down office procedure manual or the other rules which gives details of how representations, petitions and applications from citizens must be dealt with. 
18.   The exceptional circumstances when such standard decision-making processes may be overridden and by whom, should also be explained clearly. 
19.  Citizen Charters, (http://highcourtchd.gov.in/citizen_charter_final.pdf) which are mandatory, for each central Ministry/Department/Authority, are good examples of vehicles created for laying down norms of performance for major functions and for monitoring achievements against those standards.
20.   Funds released to various autonomous organizations/ statutory organizations/ attached offices/ Public Sector Enterprises/ Societies/ NGOs/ Corporations etc. should be put on the website on a quarterly basis and budgets of such authorities may be made accessible through links from the website of the Ministry/Department.
21.  Every public authority must endeavour to integrate the information mentioned in these sub-clauses while preparing voluntary disclosure materials. The challenge is to present a simplified version of the decision-making procedure that is of interest to a common citizen.
22.   Decision-making chain should be identified in the form of a flow chart explaining the rank/grade of the public functionaries involved in the decision-making process and the specific stages in the decision-making hierarchy. (http://lawmin.nic.in/RTI/OfficersPowers&Functions.pdf)

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