Moneylife:
Pune: Thursday, 31 December 2015.
The
Maharashtra Government has issued a notification last fortnight to follow clear
norms for giving RTI replies. This follows DoPT’s general guidelines, issued in
October 2015, to discipline PIOs who give evasive replies to RTI queries
Public
Information Officers (PIOs) in Maharashtra will be required to provide
comprehensive replies to right to information (RTI) applicants. In a
notification issued by the General Administration Department (GAD), on 19
December 2015, the Maharashtra government has specified a general format for
reply, thus a taking a step forward in citizen-friendly use of the RTI Act.
In a clear
snub to the PIOs, who act in a high-handed fashion, the circular also makes it
mandatory for them to provide certified copies to the applicants, if so
requested, to give reference of the section under which the information is
denied as well as full details of the Appellate Authority’s contacts, so that
the applicant can pursue his application, more effectively and easily.
The circular
states, “Various Public Authorities provide information to applicants
requisitioning information under the Right to Information Act, 2005 in various
forms. Since the nature of information differs and since it is not possible for
the Public Authorities to prepare a prescribed form, a circular clarifying what
the replies should contain has been issued by the Central Government vide
Circular No. 10/1/2013-IR Date 6.10.2015, which was required to be brought to
the notice of everybody, concerned. Hence, this notification.”
It may be
recalled that, the Department of Personnel & Training (DoPT), in a letter
dated 6 October 2015, sent to Chief Secretaries of all States and Union
Territories (UTs) had said, “It has been
observed that different public authorities provide information to RTI
applicants in different formats. Though there cannot be a standard format for
providing information, guidelines have been provided.” (Read: PIOs can no more
give wishy-washy replies under RTI )
The circular
issued by Maharashtra government states the following points, which need to be
kept in mind by the PIO, while replying to the applicant:
1.
The number and date of the RTI Application received under
the Act along with the date of receipt of the application by the public
authority concerned.
2.
Name, designation, address, official telephone number and
e-mail of the PIO concerned.
3.
In case the information requisition is denied, the
detailed reasons for denial of the information along with the concerned section
of the RTI Act.
4.
In case of transfer of the RTI application to other
public authority under section 6 (3) of the RTI Act, detailed information of
the public authority to which the application is to be transferred.
5.
Name, designation, address, official telephone number and
e-mail of the Appellate Authority should be mentioned first while responding to
the RTI application under the RTI Act and ‘The first appeal be filed within 30
days from the date of receipt of the letter of the PIO’ should be categorically
mentioned in the last paragraph.
6.
While corresponding under the RTI, all PIOs and First
Appellate Authority (FAA) must clearly mention their name, designation and
department under their signature.
7.
In case the applicant has requisitioned attested
information under the Right To Information Act, 2005, the Public Information
Officer concerned must attest the information and make a mention to that effect
on the information while providing the information. In case the number of
documents/ records being provided is too large, his subordinate gazatted
officer may attest the information if required. The mention about attestion be
made as following.
8.
All Heads of Department in Mantralaya should bring the
provisions of the said circular to the notice of the Heads of Departments,
Public Authorities and all those concerned subordinate to them and notify them
to act accordingly.
9.
The circular has been made available on the website of
the Maharashtra Government www.maharashtra.gov.in
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