RTI Manual 2005

NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY MANUAL FOR PROVIDING INFORMATION TO CITIZENS IN TERMS OF THE RIGHT TO INFORMATION ACT 2005

CHAPTER-I

Preliminary

• Manual is prepared for general guidelines for the effective administration of the Right to Information Act-2005.
• The provisions of the right to information Act 2005 have been adopted by NOIDA. While dealing with supply of the information, all provisions of the right to information Act 2005 shall apply.
• Officers nominated for providing informations held by NOIDA:-
  • Shri Madan Mohan has been nominated as Prabhari Jan Soochna Adhikari RTI of NOIDA.
  • Shri L.P.Singh, Asst. General Manager NOIDA has been nominated as Prabhari Jan Soochna Adhikari Ist Appeal of NOIDA.
  • DCEO(S), FC, CAP, GM(PERS.)/GM(COM.)/GM(GH) NOIDA has been nominated as Appellate Authority of NOIDA.
• Second appeal against the decision of the appellate Authority may be referred to U.P. State Information Commission in accordance with the provision of the right to information Act 2005.

Note:-Chief Executive Officer NOIDA is competent to change the nomination of A.P.I.O., P.I.O. and Appellate Authority.

2-DEFINITIONS:-

In this manual unless the context otherwise requires:-

• "Appropriate Govt." means in relation to NOIDA is U.P. Government, Lucknow.
• "Central information Commission" means the Central Information Commission constituted under sub section (1) of section-12.
• "Central Public Information officer" means the Central Public Information Officer designated under sub section (1) of section 5 and includes a Central Assistant Public Information Officer designated as such under sub section (2) of section-5.
• "Chief information Commissioner" and Information Commissioner mean the Chief Information Commissioner and Information Commissioner appointed under sub section (3) of section-12.
• "Competent Authority" means :
  • the Speaker in the case of the House of the People or the Legislative Assembly of a State or a Union territory having such Assembly and the Chairman in the case of the Council of States or Legislative Council of a State;
  • the Chief Justice of India in the case of the Supreme Court;
  • the Chief Justice of the High Court in the case of a High Court;
  • the President or the Governor, as the case may be, in the case of other authorities established or constituted by or under the Constitution;
  • the administrator appointed under article 239 of the Constitution;
  • "Information"- means any material in any form; including records; document; memos, e-mails, opinions, advices, press releases, Circulars, orders, logbooks; contracts, reports, papers; samples, model, data material held in any electronic form and information relating to any private body which can be accessed by a public Authority under any other law for the time being in force.
  • "Record" includes -(a) any document, manuscript and file, (b) any microfilm, microfiche, and facsimile copy of document, (c) any reproduction of image or images embodies in such microfilm (whether enlarged or not) and (d) any other material produced by a computer or any other device.
  • "Public Authority" means NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY.
  • "Right to information" mean the right to information accessible under the Right to Information Act, 2005 , which is held by or under the control of NOIDA Authority and includes the right to:-
  • Inspection of work, documents, records,
  • Taking notes, extracts, or certified copies of documents or records.
  • Taking certified samples of material.
  • Obtaining Information in the form of diskettes floppies, tapes, video cassettes or in any other electronic mode or through printouts, where such information is stored in a computer or in any other device.
  • 'Prescribed' means prescribed by rules made under this Act by the U.P. Govt. or by the Competent Authority.
  • "State Information Commission" means the U.P. State Commission constituted under sub section (1) of section 15.
  • "State Chief Information Commissioner" and State Information Commissioner mean the U.P. State Chief Information Commissioner and U.P. State Information Commissioner appointed under sub section (3) of section-15.
  • "State Public Information Officer means the U.P. State Public Information Officer designated under sub section(1) and includes U.P. State Assistant Public Information officer designated as such under sub section (2) of section 05.
  • "Third party" mean a person other than the citizen making a request for information and includes a public Authority.
  • "Act" mean "the Right to information Act-2005.

CHAPTER-II

Right to information and obligations of NOIDA

• Subject to the provisions of this Act, all citizens shall have the Right to Information.
• The Authority shall Maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the Act and to ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the country on different systems so that access to such records is facilitated.
• Each and every Department - Divisional Head shall ensure that the following information are made available and published
  • The Particulars in respect of responsibilities, power; function and duties of its officers and employees posted in respective divisions.
  • Maintain record in respect of procedure, followed in the decision making process including channel of supervision and accountability.
  • Maintain the Norms set by NOIDA for the discharge of the functions and duties of officials.
  • Maintain books/brochures and policies in respect of terms and condition of allotment of properties and recovery of dues of NOIDA Authority.
  • Maintain files in respect of the rules, regulations, instructions, manuals, decision & policies with effect from 01-04-1976 for discharging the functions of respective departments.
  • Maintain Statements of the categories of documents that are held by it and which are necessary to be maintained for processing.
  • Maintain the details of any arrangement that exists for consultation with, or representation by, the members of the Public in relation to the formulation of its policy or implementation thereof.
  • The statements of Board's decisions, decisions of U.P. Govt. , decision of the Councils, committees and other bodies consisting of two or more than two persons constitute by the C.E.O. or by ACEO for the purpose of its advice and as to whether the minutes of such meetings are accessible for public.
  • Maintain the minutes of decisions/approval of CEO/ACEO and of such meeting which are accessible for public.
  • Maintain a directory of its officers and employees posted in their respective divisions.
  • Accounts Departments Shall maintain the monthly remuneration received by each of its officers and employees, including the system of facilities and compensation as provided in its regulation to NOIDA's officers and employees.
  • Account Departments Shall also maintain the budget's record and the budget allocated to each and every Department of NOIDA indicating the particulars of all plans.
  • Account Department shall also maintain the proposed expenditure and reports on disbursements made and to be made.
  • Account Department shall also maintain annual Targets of Industrial, Commercial, Housing, Institutional and residential Deptt. in terms of area of land as well as financial income.
  • The Project department shall maintain all statements of future plans and projects of NOIDA and written procedure thereof to implement the projects. Details of the project under implementation shall also be maintained.
  • The manner of execution of proposed plans shall also be maintained by Account Deptt. The Computer division shall maintain details in respect of the information available to or held by it and reduced in electronic form. The Project Departments shall also maintain the manner of execution of projects including amounts allocated to specific project.
  • The maintenance Division shall maintain their plans in respect of maintenance of various Heads and procedures of the various types of maintained quarterly statement forms and shall be maintained in quarterly statement forms and shall be made available.
  • All departments shall maintain details in respect of the information available with them and details of facilities available to citizens for obtaining information.
  • The Information related to facilities of citizen will be released through P.R.O. by issuing Public Notice by publishing in National news papers of U.P. and New Delhi.
  • The functional department shall maintain the manner of execution of schemes and programmes of schemes in respect of disposal/allotment of properties including rates of allotment and properties including availability and size thereof.
  • Maintain such other information as may be prescribed and required and thereafter update the information every year.
  • The Horticulture, Public health, JAL and Maintenance division shall maintain the layout of their area of function for better maintenance and supervision.
  • Publish all relevant facts while formulating important policies or decisions which affect Public through various means of communications including print media and internet, so that the public have minimum resort to the use of this Act to obtain information.
  • Every information should be disseminated widely in such form and the manner which is easily accessible to the public.
  • Provide reasons for its administrative organizational decisions to affected persons.
  • All material shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible to the extent possible in electronic format.

CHAPTER-III

PROCEDURE

The following procedure has to be adopted to provide information by NOIDA Authority-

• Any Citizen of India can secure access to information under the control of NOIDA.
• An application form has been prescribed for obtaining information from NOIDA. Form is available in the office of the Asstt. Public Information Officer and public information officer at Administrative Block Sector-6, NOIDA and is supplied to the applicant free of cost. Application form can also be downloaded from website. How ever Application on plain paper is also accepted.
• A person who desires to obtain any information under the Right to Information Act 2005 shall make a request in writing accompanying Rs. 10 fee with each request.
• The Application form / Application on plain paper shall be filled in English or Hindi.
• Application form / Application on plain paper should be submitted in writing with the office of A.P.I.O. NOIDA,
• P.I.O. shall render all reasonable assistance to the person making the request orally to reduce the same in writing.
• The disabled persons shall also be assisted by P.I.O. NOIDA for filing requests for seeking any information.
• The required fee shall be deposited by cash at cash counter of the NOIDA Authority or through Bank draft or Postal Order.
• The following fee has been prescribed for obtaining information from NOIDA Authority:-
  • Application Fee Rs.10/- per application.
  • Copy of Pages Rs.2/- per page.
  • large Size paper Actual Charges.
  • Sample or Model Actual Cost.
  • Inspection of record First hour no fee, Rs.5/- per 15 minutes after one hour.
  • Floppy/Diskette Rs.50/-per floppy/Diskette.

Note- (i) Mode of payment shall be through Cash or Bank Draft or Indian Postal Order in favour of "NOIDA".

(ii) No fee for below poverty line shall be realized.

• On receipt of the requests on prescribed form or on plain paper; A.P.I.O. shall issue acknowledgement to the applicant and forward the request to concerned Department for obtaining information as early as possible.
• The P.I.O. shall ensure delivery of the requests to the concerned Deptt. within 48 Hours from the receipt of requests.
• On receipt of such application form/request from A.P.I.O./PIO; the concerned Department shall ensure preparation of reply within 7days and shall forward reply to P.I.O. within 9 days in normal course and total 15 days is special circumstances.
• On receipt of proper reply from concerned Department A.P.I.O. shall intimate applicant to attend office and inspect the documents/records or works (as the case may be) within 7 days. A.P.I.O. shall be available in the office for the purpose of showing records to the applicant during office hours. Meanwhile P.I.O. shall be intimated by A.P.I.O. about the reply received and action taken thereupon.
• Taking notes, extracts or certified copies of documents or records is allowed. Taking certified sample of material is also allowed. A written request from the applicant shall be collected by A.P.I.O. for this purpose.
• The applicant can obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where the information is stored; in the computer device against the actual cost of the device.
• P.I.O. shall ensure that the complete information is provided to the applicant within 30 days. In the case of third party -40 days time period is allowed to provide information.
• It shall be duty of Public Relation Officer to provide as much information suo moto to the public through press releases and website in order to reduce the number of application.
• All H.O.D shall maintain their records and documents in such form and manner which is easily accessible to the public. They shall make the information known to the public through notice board and news papers and electronic medias/website of the Authority.
• Any officer/official of any Department, whose assistance is required for this purpose, shall render all Assistance to Public Information Office in terms of the provisions of the Right to Information Act 2005.

Note:- All Divisional Head of various Departments are advised to provide complete information in accordance with the information asked for by the applicant. Incomplete or misleading information must be avoided to reduce the number of appeals under the Information Act 2005

CHAPTER-IV

Disposal of request

• The Citizen can file an application for getting information along with fee the A.P.I.O. Shall ensure, that request is delivered to concerned office, as early as possible.
• Where further fee is required say for photo copying; The A.P.I.O. shall intimate to the applicant in writing giving details of amount to be deposited for providing information. The Citizens can seek inspection of works, documents, and records, take extracts or certified copies of documents or sample of material.
• On receipt of request in concerned department it shall be the duty of the Divisional Head of that department that the request is properly examined by nominated official an entered in the register. The complete reply should be forwarded to A.P.I.O. within7 working days.
• In case the inspection of document has been asked for, it shall be the duty of the Divisional Head that the document or record or file is sent to A.P.I.O. with the information within 7 days so that A.P.I.O. may intimate applicant to inspect the record or documents under single window system.
• A.P.I.O. shall intimate the applicant to come and inspect the document available in his office within a week.
• The applicants shall be provided the information free of charge if the Authority fails to provide information within 30 days. If the interest of third party is involved then the time limit is 40 days.
• The information is to be supplied in a time bound manner, failing which the applicant can file an appeal before the appellate Authority. In case information is supplied after 30 days, no further fee will be collected.
• In case of third party information, the P.I.O. shall issue notice to third party and give him opportunity of hearing if required and 10 days time to represent (if required). The P.I.O. shall take into consideration the representation while taking decision on the request on merits.
• In case, where, the request is rejected or refused by the P.I.O.; the particulars of the Appellate Authority to whom appeal can be referred, shall be mentioned with time limit of the appeal.

CHAPTER(V)

The following information can be refused to provide to the applicant:-

EXEMPTION FROM DISCLOSURE OF INFORMATION

As per provision of Section-8 of the Act, the following type of information shall not be obligatory to be given:-

• Information, disclosure of which would prejudicially affect the sovereignty an integrity of India, the security, strategic, scientific or economic interest of the State, realtion with foreign state or lead to incitement of an offence;
• Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court;
• Information, the disclosure of which would cause a breath of privilege of Parliament or the State Legislature;
• Information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the Public Information Officer is satisfied that larger public interest warrants the disclosure of such information;
• Information available to a person in his fiduciary relationship, unless the Competent Authority is satisfied that the larger public interest warrants the disclosure of such information;
• Information received in confidence from foreign Government;
• Information , the disclosure of which would endanger the life or physical safety of any person or identify the sources of information or assistance given in confidence for law enforcement or security purpose;
• Information which would impede the process of investigation or apprehension or prosecution of offenders;
  • Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers:
    Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over; Provided further that those matters which come under the exemptions specified in this section shall not be disclosed
• Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest
  justifies the disclosure of such information. Provided that the information which can not be denied to the Parliament or a state legislature shall not be denied to any person.
• Information which can not be denied to the Parliament or a state legislature shall not be denied to any person.
  Note:- Without prejudice to the provisions of Section 8 of the Act, the Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. Where a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, them, notwithstanding anything contained in this Act, access may be provided to that part of record which does not contain any information which is exempted from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.
• In case of third party information marked confidential/secret, information shall not be disclosed without giving opportunity of hearing to third party regarding whether the information should be disclosed. Provided that except in the case of trade or Commercial secret protected by law disclosure may be allowed if the public interest in disclosure out weight in importance any possible harm or injury to the interest of such third party.

CHAPTER-(VI)

PROVISIONS TO FILE APPEAL

The Act provides for two tier system for appeals.

• Nomination:- DCEO(S), FC, CAP, GM(PERS.)/GM(COM.)/GM(GH) NOIDA) NOIDA has been designated/nominated as Appellate Authority of NOIDA.
• An application form has been prescribed for submission of first Appeal. It is available in RTI Department and is supplied free of cost.
• Any person who does not receive information within 30 days in normal course and within 40 days in the case of third party information or who is not satisfied with the information provided; may prefer first appeal of incomplete information. (as the case may be)
• The appellate Authority shall dispose appeals within 30 days from the submission of appeal.
• The appellant shall be given proper hearing by the Appellate Authority. Decision shall be delivered as early as possible latest within 30 days from the date of receipt of appeal in the office of Appellate Authority.
• The appellate Authority may condone delay if sufficient cause is shown by the applicant.
• A second appeal against the decision of Appellate Authority can be referred to the U.P. State Information Commission in case any person is not satisfied with the decision of the Appellate Authority.
• For filing second appeal 90 days time limit is prescribed limit.
• The Commission may Condon the delay if sufficient cause is shown.
• Third party appeal against decision of P.I.O. may be filed within 30 days before first appellate Authority and within 90 days of the decision of first appeal before U.P. State Commission.
• The Commission has been given enormous powers to attend to complaints and appeals etc. The have been given power of summoning and enforcing attendance of persons; compelling them to give oral or written evidence on oath to produce documents or things etc(if required)

CHAPTER-(VII)

Duties and responsibilities of A.P.I.O.

• To receive application on behalf of NOIDA Authority and acknowledge them with date on such requests.
• To assign number of request under R.T.I Act and to enter it in a register with number.
• To scrutinize Applications and find out concerned Department to whom request is to be forwarded.
• To forward application to the concerned Department within 48 hours.
• To receive appeals on behalf of appellate authorities and to submit them through P.I.O. for onward submission to Appellate Authority.
• To receive reply/information from concerned Department.
• To compile the information with the request.
• To certify the information while providing it to the applicant.
• To ensure realization of requisite fee in each and every case.
• To ensure delivery of information to the applicants.

Duties and responsibilities of P.I.O.

• To scrutinize the information sought for by the applicants.
• To examine whether any exemption is applicable under section 8 or 9 or 24 of the Act.
• If covered under any exemption to issue rejection/refusal order with cogent reasons.
• To examine if it pertains to life or liberty or any urgency.
• To examine if any further fee is required and issue instructions to realize fee.
• To Issue intimation for deposit of further fee with justification and his right to review of decision.
• To seek services of other officers who are posted in other departments and are acquainted with the information for ensuring the delivery of complete reply to the applicant.
• To ensure disposal of the requests within prescribed time period.
• To find out if third party is involved if so to issue notice to third party and to obtain representation from third party (if required).
• To give opportunity of hearing and to make representation orally or in writing to third party.
• To intimate him about his entitlement to make appeal to the appellate Authority within specified period.
• To prepare weekly statements and to apprise off the situation to ACEO and CEO NOIDA.

CHAPTER-VIII

Guidelines for applicant for filling application under the Right to Information Act 2005

• Identify the nature of information required.
• Identify the period for which the information is required.
• Identify the public Information Officer, from which the information is required.
• Get an application form from A.P.I.O. NOIDA.
• Fill up the application form either in English or in Hindi.
• Make the application to Public Information Officer/A.I.P.O.
• Pay the prescribed fee Rs.10/- per request.
• Pay further fee where required for obtaining photo copy or sample etc.
• Await Reply for 30 days.
• If the information pertain to third party; third party can be given opportunity to represent his case. In those cases the applicant has to wait for 40 days to get reply/information.
• If no reply is received within 30 days or applicant is not satisfied with the reply received then provision of filling first appeal before Appellate Authority of the NOIDA Authority is available.
• The appellant has to wait for 30 to 45 days to obtain decision on the appeal.
• If the appellant is not satisfied with the decision of the appellate Authority, provision of second appeal against the decision of appellate authority within 90 days to U.P. State Information Commission is available.

CHAPTER (IX)

ACTIVITY CHART FOR PUBLIC INFORMATION OFFICER:-

CHAPTER (X)

Provision of Penalty

The Information Commission

• The Commissions have been given enormous power to complaints and appeals. They have been given power of summoning and enforcing attendance and compel concerned person ;to give oral and written evidence on oath and to produce documents
• The Commission can impose penalty @ Rs. 250/- per day subject to maximum of Rs. 25,000/- Burden of proving that the denial of information was justified; lies with the concerned officer who fails to provide information.
• In the event of persistent default the Commission may Issue directions for disciplinary action against defaulter for persistent default; however opportunity would be given to hear the defaulter. Burden of proof lies with the defaulter officer.
• The Commission are empowered to give Compensation.
• The Commission can intervene for not accepting an application, delay in release of information without reasonable cause or malafidely denying information or knowingly giving incorrect/ incomplete information; misleading information, destroying information and obstructing furnishing of information in any manner.