Maha Govt allows inspection of files under RTI , here are some guidelines for officers and citizens

To reduce number of applications under Right to Information Act (RTI) and to bring transparency in functioning of official works Pune Municipal Corporation ( PMC) had started ‘open day’ in 2009. Under this scheme every Monday between 3.00 to 5.00 PM all the documents of every department are made available for inspection to citizens. On the same line Government of Maharashtra has started open day in all district and subordinate offices. The GR regarding this effect has been issued on 26 November 2018.

Though now Maharashtra government has started ‘open day’ in district and subordinate levels journey to it was not easy. Convincing government officials about proactive disclosure was huge task. However, I had privilege to talk to discuss various sections of RTI with late Prakash Kardalay. The former Editor of Indian express pune . He played crucial role in formation of RTI act. People used to call him ‘ masterjee ‘.

One day we were discussing section 4 of RTI act. When I drew his attention to explanation given to section 4 (3) and (4) of the act. This explanation clearly says that dissemination of information under section 4 includes inspection of offices of any public authority. We both were curious about how to implement ‘inspection of office of public authority. As per our discussion next day I went to Pune municipal corporation to inspect the files .

In PMC I demanded a file to inspect. The file was regarding TDR (Transferable Development Rights), which comes under 4 (a) of RTI. Initially I went to concerned Public Information Officer (PIO) and asked for that file.  The PIO demanded a application. I denied and told him that information disclosed under 4(a) of RTI was public one and as it was already published there was no need of application. Then he told me that the file I was demanding was under police investigation. I told him that how can you conceal the information that was already published, or required to be published under RTI ? .  Then there were lot of arguments and counter arguments. Finally, he confessed that they had not published anything under 4(a) of RTI. My argument was whether you publish it or not it has become public information on 12th October that is when RTI came to an existence. However, he didn’t show me the file and thus first attempt of inspection of office under section 4 of RTI act was failed.

Then we decided to give this exercise a legal format. We prepared an intimation format for inspection. ( This was not an application under section section 6 of RTI).Draft of that intimation is reproduced below.

Then finally after lot of augments and counter arguments and after consultation with legal department PMC allowed me inspection of office and showed files related to TDR. Then we campaigned in various offices for disclosure under section 4 of RTI act.

Then a meeting with then state information commissioner Vijay Kuvalekar was organised in PMC. Along with kuvalekar, then PMC commissioner Mahesh Zagade, City engineer Prashant Waghmare and 40 other officers were present for this meeting. I was also Part of that meeting. As per discussion in this meeting PMC started open day. since then Files are being made available to the citizens without any formal application.

The English translation of the circular issued by then Municipal Commissioner for open day is reproduced here.

                                      Municipal Commissioner Office

                                              Pune Municipal Corporation

                                              OW No. MA/MAJ/427

                                              Date - 16/07/2009

                       

Office Circular

Subject: making records available for citizens of Pune Municipal Corporation.  

        

Under the Right to Information Act 2005, information is sought from many citizens in Pune Municipal Corporation. As per law it is mandatory to give this information within one month. However, in most cases, the information is delayed or partially provided. This is very inappropriate. Due to this, there is an increase in the number of appeals and inconvenience is caused to the citizens and they are compelled to visit corporation office to obtain the information.

Transparency is the main object of the above law. It is necessary to provide all the requested information accurately and quickly to the citizens. To achieve this all employees are required to work pro-actively. The following procedures should be implemented for this.

on every Monday or in case of holiday next working day the records of all departments should be made available to citizens for inspection between 3 pm to 5 pm. At this time all the concerned officers / employees of all the departments must be present in the office. If the citizen wants a copy of the documents, then after application and payment of the necessary fee’s documents should be provided. The information regarding this procedure should be displayed prominently in every office.

All Heads of every department are required to implement above procedure in their respective offices.

Mahesh Zagade

Municipal Commissioner
Pune Municipal Corporation

For implementation of open day rules need to be formed. Accordingly, city engineer Prashant Waghmare issued a circular. In this circular responsibilities and precautions while implementation of open day are mentioned. English Translation of this circular id reproduced here

                                       City Engineer's Office

                          Pune Municipal Corporation

                          OW No. 1265

                          Date - 19/07/2009

Office Circular

Subject: making records available for citizens of Pune Municipal Corporation.

Reference - The official circular issued by the municipal commissioner, Municipal Corporation, No. MA / NJA / 427 dated 16/7/2009

As per above referred circular it has been ordered to make available official records for inspection to citizens on every Monday or in case of holiday next working day between 3 to 5 PM. Accordingly following procedure need to be adopted

1. Every public information officer must maintain a separate register for it. In this register, it is necessary to mention the serial number, date, the name and address of the citizen, the subject of the record requested for the inspection, the documents sought, total pages, the fees charged for documents, the signature of the citizen, etc.
2. While inspection only  the applicant and the representative of concerned office should be present.

3.   The identity of citizen should be checked before inspection i.e PAN card, passport, bank passbook, voter ID card, ration card etc.

4. While inspection Blade, scissors, bag, pen, camera, erasers are not allowed
5. Representative of the concerned office should take precautions so that there should not be any changes in documents while inspection

6.   If the applicant asks for copies of the documents after inspection, then the challan of charges should be given and the copies of the documents should be made available immediately after the payment is made.

7.   On the last Monday of every month or in case of holiday the holiday, the next working day will be observed as 'Right to Information Day'. On this  day if the information under the Central Right to Information Act, 2005 has not been given, then it should be complied with. It is also necessary for all the public information officers to keep an separate register for it also

8.   Every Public information officer should submit monthly report above procedure to this office

9.   This procedure should be adopted from 1^st august 2009

Prashant Waghmare

City Engineer

Pune Municipal Corporation

Though Government has started open day the experience regarding inspection of office is not much satisfactory in various offices. Often they give excuse that concerned file is with some other department. While it is not mandatory to write a letter to request inspection of files it is nice to be courteous and give them prior intimation.

There are certain things to be remembered while inspection of files. As These files belongs to citizens and citizens are owners of these files they should not to feel awkward, guilty or hesitate to demand file for inspection.

Remember, once citizen give them intimation, they should not have to wait for a reply from the officer. Simply because, a citizen has a right to inspect files during designated working hours of the public authority. The intimation is just for convenience purpose and to avoid excuses by officials.

Once citizens have gone through the documents they can ask for the copies of the inspected documents. To obtain this copies one need not give application under section 6 of the RTI act. Mere giving a list of document on plain paper is enough. However, they need to pay fees required for photocopying.

VERY IMPORTANT NOTE: Intimation of inspection under Section 4 should be addressed to the top authority of the government department (meaning the municipal commissioner, if it is a municipal corporation) unlike an application under Section 6 which is addressed to the public information officer (PIO).

                      Draft Of intimation

To,

The Head of The Department

Subject – Intimation for inspection of files related to  xxxxxxxxxx

Dear Mr.Head of the Department

As per circular sankirn2018/ pra.kra. 45/ karya 6, dated 26/11/2018 the Government of Maharashtra has allowed inspection of files in every department. Please note that as per section 4 of RTI act and as per the said circular there is no need to give any intimation for inspection of files in any public authority. However, being responsible citizens, we thought it preferable to intimate you beforehand.

I intend to exercise my right as a citizen to inspect documents related to xxxxxx. I will visit your office on Monday xx/xx/2018.

Thanking you

With Regards

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DoPT Guidelines, One-step ahead towards Transparency

Central governments Department of Personnel & Training has recently sent a office memorandum to all central Public Authorities regarding Implementation of suo motu disclosure under Section 4 of RTI Act. The DoPT has agreed that there is lot of information in public domain, but the quality and quantity of proactive disclosure is not up to the desired level. To find solution on this government had constituted a Task Force on suo motu disclosure under the RTI Act. Based on the report of the Task Force, the Government have decided to issue guidelines for suo motu disclosure.

As per these guidelines,
1) Information relating to procurement made by Public Authorities including publication of notice/tender enquiries, corrigenda thereon, and details of bid awards detailing the name of the supplier of goods/services being procured or the works contracts entered or any such combination of these and the rate and total amount at which such procurement or works contract is to be done should be disclosed.

2) If Public services are proposed to be provided through a Public Private Partnership (PPP), all information relating to the PPPs must be disclosed in the public domain by the Public Authority entering into the PPP contract/concession agreement.

3) Transfer policy for different grades/cadres of employees serving in Public Authority should be proactively disclosed.

4) 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.

5) Public Authorities may proactively disclose the CAG & PAC paras and the Action Taken Reports (ATRs) only after these have been laid on the table of both the houses of the Parliament.

6) Citizens Charter prepared by the Ministry/Department, as part of the Result Framework Document of the department/organization should be proactively disclosed and six monthly reports on the performance against the benchmarks set in Citizens Charter should be displayed on the website of public authorities.

7) 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.

8) Public Authorities may proactively disclose the details of foreign and domestic official tours undertaken by the Minister(s) and officials of the rank of Joint Secretary to the Government of India and above and Heads of Departments, since 1st January 2012. The disclosures may be updated once every quarter. . Information to be disclosed proactively may contain nature of the official tour, places visited, the period, number of people included in the official delegation and total cost of such travel undertaken.

No doubt, this is commendable step taken by the government. Still there is lot to do. Lot of another information covered under section 4 about which said office memorandum does not say anything. Venkatesh nayak of Commonwealth Human Rights Initiative has send a letter regarding that to DoPT .

As well as this office memorandum does not mention anything about the dissemination information related to section 4(1) (C) and (D) .As per these sections Public Authorities have to publish all relevant facts while formulating important policies or announcing the decisions that affect public; and provide reasons for its administrative or quasi-judicial decisions to affected persons.

Now with this office memorandum central government has moved one-step ahead towards transparency. However, big question is whether all the Public authorities will follow these guidelines? Now and again governments come with new amendments, acts, orders. Ordinances and office memorandums. However, we have largely seen unhealthy approach of babus towards them. Last seven years experience is not so good; however let us hope for the good.