PEOPLE FACING PROBLEMS AS (SIC) IS IN DEFUNCT POSITION AND STATUS SINCE LONG AND THE AFFECTED PARTIES DEMANDING THEIR QUASI JUDICIAL FUNCTION FROM (FAA) OR COMPENSATION FOR DELAY AND DERELICTION OF DUTY BY THE APPROPRIATE AUTHORITY

As for updating of records concerned, it is directed to say that with a view to ensuring proper maintenance of records, the right to information, 2005 , mandates that every public authority shall maintain all its records duly catalogued and indexed in a proper manner. The second Administrative Reforms Commission, in the first report (June 2006) , Right to Information is a master key to good governance and has observed that the weakest link in the information system is the neglect of record keeping and the Commission has recommended that, as a one time measure, the Government of India should earmark one percent of the funds of all flagship programmes for a period of five years for updating the records, improving infrastructure, creating manuals and establishing the public records offices. As such it is a continued process required for maintenance and updating of records and every public authority is obligated to do so. Improving the infrastructure and bringing out the necessary manuals are also continuing processes, and the responsibility of the concerned public authorities, All the public authorities should update their records, improve their infrastructure regularly and bring out necessary manuals from within the resources and they may make specific budgetary provisions for the purpose as per their requirement. It is obligatory for all the public authorities under clause (c) of sub section (1) of section 4 of the Act to publish all relevant facts while formulating the important policies and announcing decisions affecting the public. They, under clause (d) , are also obliged to provide reasons for their administrative or quasi - judicial decisions to the affected parties. It is particularly mentioned here that deciding Appeals under the RTI Act, 2005 is a quasi judicial function, It is therefore necessary that the Appellant authority should see to it that the justice is not only done, but it should also appear to have been done. In order to do so, the order passed by the Appellate authority should be a speaking order giving justification for the decision arrived at. Further it is mentioned in the here that the State Information Commission is in defunct position and status since long however no action under section 19(6) creating problems to the Applicants, and there is no disclosure in such form and manner which is demanded by the public under law code manual prefixed by the act ibid in this behalf :-- Er Fateh Chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number 9459334377

. COURTEOUS BEHAVIOUR WITH THE PERSONS SEEKING INFORMATION UNDER THE RTI ACT, 2005 , SHOULD NOT BE COMPROMISED WITH, HOWEVER PUBLIC AUTHORITIES ARE RENDERING NO HELP UNDER SECTION 19(6) OF RTI, AS SIC IN DEFUNCT POSITION AND STATUS SINCE LONG

Denial of right to information under the Act clearly shows that said Act is very useful and obligatory for the information seekers taking benefits of the access to information and maintenance and updating of the official records and continuing process, improving the government functioning and the responsibilities of the public authorities, where the public information officers (PIO) is not confined to furnish information but also to provide necessary help to the information seeker, where ever necessary. While providing information or rendering help to a person, it is important to be courteous to the information-seeker and to respect his dignity. Many organisations/training institutions are conducting training programmes on the Right to information Act. The public authorities should ensure that their public information officers and other concerned officers are exposed to such training programmes. The public authorities may also organise training programmes at their own level. While imparting such training, the officers should be sensitized about the need of courteous behavior with the information seekers. The Central Information Commission vide number Government of India Department of personnel and training OM member 4/9/2008 -IR, dated 24-6-2008 , has also expressed concern over the fact that many public authorities have not published relevant information under section 4 of the Act, All the public authorities should ensure that they make suo motu disclosure as provided in the Act without any further delay and it is statutory requirement, which should not be compromised with, but it is regretted to point out the non compliance, where people are suffering because of delay, denial and non compliance:-- Er Fateh Chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number 9459334377

FAA MAY BE HELD RESPONSIBLE BY INFORMATION SEEKERS UNDER SECTION 19(6) OF THE RTI ACT, 2005 AS THE STATE INFORMATION COMMISSION IS DEFUNCT FOR ABOUT ONE YEAR OF THE DURATION WHERE IN IT IS NECESSARY FOR THE HOD TO INTERVENE UNDER THE LAW

It is directed to say that the PIO of a public authority is responsible to supply correct and complete information to the information seeker under the Right to Information Act, 2005,within the specified time. It is possible that a public information officer may not act as per provisions of the Act or an Applicant may not other wise be satisfied with the decision of the public information officer. The contains the provisions of the two appeals to tide over such situations. While the first appeal lies within the public authority itself, the second appeal lies with the State Information Commission or the central information commission, as the case may be. The State information commission (Appeal Procedure) Rules, 2005 govern the procedure for deciding appeals by the Commission. The first appellate authority is, however, required to dispose of the appeals received by him in the light of the provisions of the Act and keeping in view the principles of natural justice, a guide has been prepared for the first appellate authorities, it is expected that it would help them to perform their duties effectively. It is therefore necessary for the first appellate authorities to supply correct and complete information within the specified time to any person seeking information under the RTI act, 2005 . The first appeal lies within the public authority itself, which is made to an officer designated as the first appellate authority by the concerned public authority. The first appellate authority happens to be an officer senior in rank to the public information officer and the second appeal lies with the State information commission. The state information commission (Appeal Procedure) Rules, 2005 govern the procedure for deciding appeals by the Commission. In order to perform his /her duties effectively, the appellate authority should study the Act carefully and understand its provisions correctly and the said document must explain the important aspects of the Act, which a first appellate authority should, in particular, be conversant with :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

SECTION 4 OF THE RIGHT TO INFORMATION ACT, 2005 SETS OUT A PRACTICAL REGIME OF TRANSPARENCY IN THE WORKING OF THE PUBLIC AUTHORITIES, SO THAT THE PUBLIC MAY NOT HAVE TO RESORT SECTION 6.

Section 4 of the Right to Information Act, 2005 sets out a practical regime of transparency in the working of the public authorities by way of disclosure of as much information to the public as possible, suo motu so that the public may not have to resort to Section 6 , It is an important part of the Act, observance of which is essential for its effective implementation. It is obligatory for all the public authorities to publish all relevant facts while formulating important policies and announcing decisions affecting the public, they are also obliged to provide reasons for their administrative or quasi judicial decisions to the affected parties. Section 4, of the Act requires wide dissemination of every information required to be disclosed , suo motu in such form and manner which is accessible to the public. Dissemination may be done through notice boards, news papers, public announcements, media broadcasts, the internet or any other means. While disseminating the information, the public authority should take into consideration the cost effectiveness 

:-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD,, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377

FUNCTION OF FIRST APPELLATE AUTHORITY IS VERY IMPORTANT UNDER SECTION 19(6) OF THE RTI ACT, 2005 AND IN CASE OF NON -COMPLIANCE, THE INTERVENTION OF HIGHER AUTHORITY IS ALSO APPROVED FOR ASSURED COMPLIANCE BY THE FAA

The Appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within forty five days of the receipt of the Appeal. Wherein, if an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be , or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority, who is an officer senior in rank to the public information officer, Such an appeal, should be filed within a period of thirty days from the date on which the limit of thirty days from the date on which the limit of thirty days of supply of information is expired or from the date on which the information or decision of the public information officer is received. The above provision of the time limit has been given in the scheduled exception related to the Section 19(6) of the RTI act, 2005 , wherein deciding Appeals under the RTI Act is a quasi -judicial function. It is therefore, necessary that the appellate authority should see to it that the justice is not only done, but it should also appear to have been done. In order to do so, the order passed by the Appellate authority should be a speaking order giving justification for the decision arrived at. Keeping in view the above conclusion made by the Act ibid, it is necessary that if the public information officer doesn't supply the said information to applicant the FAA himself may supply the information to the applicants and in case of further dispute the matter may be brought to the notice of the higher authority for intervention in the matter and for which said competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act, 2005 :-- Er Fateh chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal pradesh phone number, 9459334377

RIGHT TO INFORMATION UNDER RTI ACT, 2005 , EMPOWERING CITIZENS OF THE COUNTRY"AS AN ACT TO PROVIDE FOR SETTING OUT THE PRACTICAL REGIME OF RIGHT TO INFORMATION FOR CITIZENS "

The right to information Act has overriding effect vis-a-vis other laws inasmuch as the provisions of the RTI Act would have effect notwithstanding anything inconsistent there with contained in the official secrets Act, 1923 , and any other law for the time being inforce or in any instrument having effect by virtue of any law other than the RTI Act. The official secret Act, 1923 is a colonial-era Indian Law that consolidates and amends laws related to official secrets, with the primary objective of preventing espionage and the unauthorised disclosure of classified information to protect national security. The Act applies to all the Indian citizens, government officials and even foreigners involved in espionage, criminalizing acts like sharing official codes or documents with adversaries. Violations can result in imprisonment, including up to 14 years for offenses related to national defense or strategic interests, along with fines. As such now the RTI act, 2005 has been introduced by the Government and the parliamentary democracy where in information exempted from disclosure under sub -section (1) of section 8and section 9 of the Act enumerate the categories of information which is exempt from disclosure. Sub -section (2) of section 8 , however provides that information exempted under sub -section (1) or exempted under the official secrets Act, 1923 can be disclosed , if the public interest in disclosure overweighs the harm to the protected interest. Further, sub -section (3) of section 8 provides that information exempt from disclosure under sub-section (1) , except as provided in Clause (a) , (c) and (I) thereof, would cease to be exempted after 20 years from the date of occurrence of the related event, etc.:-- Er Fateh Chand Guleria, Director RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number 9459334377

DISPOSAL OF FIRST APPEALS UNDER THE RTI ACT, 2005 AND INFORMATION MECHANISM UNDER SECTION 19(6) OF THE ACT, REQUIRED FOR QUASI-JUDICIAL FUNCTION OF THE APPELLATE AUTHORITY

The Guidelines for officers designated as the public information officers under the Right to Information Act vide DoP&T memo number 1/3/2008 -IR dated, 25-4-2008 and 27-2-2008 related to the duty and responsibility of the public information officer of the public authority clearly stating to supply correct and complete information to an information seeker under the provision made by the Act, within the specified period. It is possible that a public information officer may not act as per provision of the Act or an Applicant may not otherwise be satisfied with the decision of the public information officer. The Act contains provisions of the two Appeals to tide over such situations. While the First Appeal lies with the public authority itself, the second Appeal lies with the SIC or CIC as the case may be The Information Commission (Appeal procedure) Rules, 2005govern the procedure for deciding Appeals by the Commission. The first appellate authority is however required to dispose of the Appeals received by him in the light of the provisions of the Act and keeping in view the principles of the natural justice. As such a Guide has been prepared for the first appellate authorities and it is expected that it would help them to perform their duties effectively with in the provision of Section, 19(6) of the Right to information Act, 2005 Where in it is clearly mentioned that if an appellate authority comes to a conclusion that appellant should be supplied information in addition to what has been supplied him to by the public information officer he may either (1) pass an order directing the public information officer to give such information to the appellant or (2) he himself may give information to the appellant while disposing of the appeal. In the first case, the appellate authority should ensure that the information ordered by him to be supplied is supplied to the appellant immediately. It would however be better if the appellate authority chooses the second course of action and he himself furnishes the information along with the order passed by him in the matter. The DoP&T memo dated 9-7-2007 has also pointed that in some of the Ministries/Departments have appointed very junior officers as appellate authorities who are not in a position to enforce their orders. The Act provides that the FAA would be an officer senior in rank to the public information officer. Thus the appellate authority, as per provision of the Act, would be an officer in a commanding position, vis-a-vis the public information officer. Nevertheless, if, in any case, the public information officer does not implement the order passed by the FAA and the FAA feels that intervention of higher authority is required to get his order implemented, he should bring the matter to the notice of the officer in the public authority competent to take action against the public  information officer.Such competent officer shall take necessary action so as to ensure implementation of the provisions of the RTI Act :-- Er Fateh chand Guleria, Director, RTI welfare Association registered number HPCD, 3552 , Bilaspur Himachal Pradesh phone number, 9459334377

THE RIGHT TO INFORMATION IS IMPLICITLY GUARANTEED BY THE CONSTITUTION TO SET OUT A PRACTICAL REGIME AND TO SECURE INFORMATION AS A MATTER OF RIGHT.

The aim and object of the Right to information Act is to empower the citizens to promote transparency and accountability in the working of the Government, to contain corruption, and to enhance people's participation in democratic process thereby making our democracy work and conduct for the people welfare in the real sense of demand under public utility. It goes without saying that an informed citizen is better equipped to keep necessary vigil on the instruments of governance and make the Government more ac countable to the governed. The Act is a big step towards making the citizens informed about the activities of the Government. The right to information is simplicity guaranteed by the Constitution of India, however with a view to set up a practical regime for the citizens to secure information as a matter of right, the Indian parliament enacted the right to information Act, 2005 . This law is very comprehensive and covers almost all matters of governance and the law has a wide reach, being applicable to Government at all levels-- Union, State and local as well as to the recipients of substantial Government funds. The Act gives the right to information only to the citizens of India. It doesn't make provision for giving information to Corporations, Associations, Companies etc which are legal entities/persons, but not citizens. However, if an application is made by an employee or office-bearer of any corporation, Association, Company, NGO, etc, indicating his name and such employee /office bearer is a citizen of India, information may be supplied to him /her.In such cases, it would be presumed that a citizen has sought information at the address of the Corporation, etc. :-- Er Fateh chand Guleria Director RTI welfare Association registered number HPCD 3552 phone number 9459334377.

THE COMMENTS AND OBJECT OF THE RTI ACT, 2005 HAS BEEN ASSURED UNDER ARTICLE 19 OF THE CONSTITUTION OF INDIA, AS ESTABLISHED BY THE DEMOCRATIC REPUBLIC AND REQUIRES AN INFORMED CITIZENRY AND TRANSPARENCY OF INFORMATION.

An Act to provide for setting out the practical regime of right to information for citizens to secure access to information under the control of the public authorities, in order to promote transparency and accountability in the working of every public authority, the Constitution of a Central information commission and the State information Commissions and the matters connected there with or incidental thereto. Whereas the Constitution of India has established democratic Republic;And Where as democracy requires an informed citizenry and transparency of information which are vital to it's functioning and also to contain corruption and to hold Governments and their instrumentalities accountable to the governed ;And Whereas revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Government, Optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information; And WHERE AS it is necessary to harmonise these conflicting interests while preserving the paramountcy of the democratic ideal ; Now therefore, it is expedient to provide for furnishing certain information to citizens who desire to have it. Be it enacted by Parliament in the fifty-sixth year of the republic of India as follows:-- COMMENTS AND THE OBJECT:-- Object of the Act is to harmonize the conflicting public interests, that is, ensuring transparency to bring in accountability and containing corruption on the one hand, and at the same time ensure that the revelation of information, in actual practice, does not harm or adversely affect other public interests which includes efficient functioning of the governments, optimum use of limited fiscal resources and preservation of confidentiality of the sensitive information, on the other hand;Institute of chartered Accountant of India v. Shaunak H. Satya, AIR 2011 SC 3336 :(2011) 8SCC 781 :JT 2011(10) SC 128:(2011) 9 SCALE 639.