UPDATING AND MAINTENANCE OF RECORDS IN CONSONANCE WITH SECTION 4 OF THE RIGHT TO INFORMATION ACT, 2005 .

Maintenance of records in consonance with section 4 has been highlighted in the case by Central Information Commission, that the systematic failure in maintenance of records is resulting in supply of incomplete and the misleading information and that such failure is due to the fact that the public authorities do not adhere to the mandate of section 4(1) (a) of the RTI Act, which requires every public authority to maintain all its records duly catalogued and indexed in a manner and form which would facilitate the right to information. The Commission also pointed out that such a default could qualify for payment of compensation to the complainant. Section 19(8) (b) of the Act gives power to the Commission to require the concerned public authority to compensate the complainant for any loss or other detriment suffered. (2) Proper maintenance of record is vital for the success of the Right to information Act but many public authorities have not paid due attention to the issue despite instructions issued by the DoP&T.Hence this department has directed and requested all the Ministries/Departments, etc, to ensure that requirements of Section 4 of the Act in general and clause (a) of sub -section (1) thereof in particular are met by all the public authorities under them without any further delay. (3) The Commission has also expressed concern over the fact that many public authorities have not published relevant information under section 4 of the Act , however all the public authorities should ensure they make suo motu disclosure as provided in the Act without any further delay. It is necessary requirement, which should not be Compromised with. The above instructions have been issued by the DoP&T number memo dated 24 June, 2008 and further vide memo number 20 january, 2010 . With a view to ensuring proper maintenance of records, The right to information Act, 2005 , mandates that every public authority shall maintain all its public records, duly catalogued and indexed in a proper manner. The Second Administrative Reforms Commission, in its first report (June 2006) , Right to Information--- Master key to Good Governance, has observed that the weakest link in our information system is the neglect of the record keeping. The Commission has recommended that, as a one time measure, the Government of India should earmark 1 percent of the funds of all flagship programme for a period of five years for updating the records, improving infrastructure, creating manuals and establishing the public record offices and they may make specific budgetary provisions for this purpose as per their requirements , as per the instructions issued vide DoP&T memo dated 14 November, 2007:-- Er Fateh Chand Guleria, RTI welfare Association registered number HPCD3552 Bilaspur Himachal pradesh phone number 9459334377