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WELCOME. RIGHT TO INFORMATION ACT 2005 A SYNOPSIS. Mahatma Gandhi. “ The real SWARAJ will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused”. Abraham Lincoln.
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WELCOME RIGHT TO INFORMATION ACT 2005 A SYNOPSIS
Mahatma Gandhi “ The real SWARAJ will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused”.
AbrahamLincoln Let the people know the facts, and the country will be safe.
Justice Bhagwati 0f Supreme Court of India “ No democratic government can survive with accountability”
GARBAGE CAN TECHNOLOGY a.k.a DEEP FILING METHOD X
Some Lingering Questions • What is RTI ? • What relation has it to my job discharge ? • Why should I know about the ACT ? • What is in it for me ? • Am I going to benefit from this ACT ? • If I do not adhere to the ACT, then what ? • And last but not the least • How can I use the ACT in my personal life ?
RTI ACT 2005 • Why & AIM • Enactment • Contents & Provisions • Applicability to HPCL • Your ROLE (Dual?) • Open Session
Status of RTI Laws on the Planet Dec 2006
Good Governance - Efficiency 3 D I M E N S I O N S Idea of making right decisions to achieve the objectives POLICY Effective provision of services to the public, responsiveness to public opinion.. SERVICE Consists of conducting the administration without unnecessary delays or ulterior or corrupt motives and giving reasons while passing various orders ADMINISTRATIVE Comprises of Good Corporate Governance in Organizations & Efficient productivity
RTI ACT 2005 – Enactment ACT # 22 of 2005 Lok Sabha 11.05.2005 Rajya Sabha 12.05.2005 President Of India Assent 15.06.2005 Gazette Publication 21.06.2005 Effective 12.10.2005 After 120 Days Coverage Whole of India - Except State of Jammu & Kashmir
RTI ACT 2005 - Provisions Provisions for ensuring MAXIMUM DISCLOSURE MINIMUM EXEMPTIONS PENAL provisions for failure to comply with the ACT
RTI ACT 2005 - Provisions 31 Sections SIX Chapters Effective Mechanism for access to information & disclosure Establishment of Appellate Machinery Investigating Powers to review the decisions Of the Public Information Officers
organization officials duties functions monthly remunerations telephone list address list budget allocation annual reports concessions enjoyed by it facilities available to citizens manner of execution of subsidy programs decision making process, etc. Section 4 Maintain records & Publish-particulars of
Some Concepts • WHO can seek information ? • WHAT is Information ? • WHO is Public Authority ? • WHO are Public Information Officers ? • WHAT are the Fees ? • WHAT is the Time limit ? • WHAT is the Penalty Factor ? • ANY Appeal procedures ?
Who can seek information? All Indian citizens possess the right to information The act confers right to any Indian citizen to access info from Public Authorities
Information What is Information What does Right to Information mean?
Information What does Right to Information mean? It includes the right to OBTAIN INFORMATION In form of printouts Diskettes Disks Floppies Tapes, Video cassettes or In any other electronic media INSPECT Works, Documents and Records TAKE Notes, extracts or certified Copies of documents or records TAKE Certified samples of material
Records Documents Memos Emails Opinions Advices Press releases Circulars Orders Log books Contracts Reports Papers Samples Models Data / Material held in any electronic form & information relating to any private body which can be accessed by a public authority Information
Public Authority Any Authority / Body / Institution constituted or established by law STATE GOVERNMENT PARLIAMENT CENTRAL GOVERNMENT Either directly or indirectly by funds provided by the State or Central Government Any Body / Institution owned or controlled or substantially financed by Government
Evolution of HPCL HPCL came into existence by nationalisation of foreign oil companies i.e., ESSO & CALTEX. 51 + % of the shares of HPCL are held by the President of India. 19xy 1976 Merger of others into HPCL Merger of Caltex undertaking in India into HPCL 1974 Takeover & merger of ESSO and Lube India into HPCL 1962 StanVac operations taken over by ESSO 1955 Incorporation of Caltex Oil Refining 1952 Incorporation of Standard – Vacuum Refining Company (StanVac) HPCL a Public Authority Origin in Private Sector: Blend of Private & Public Sector Expertise
Public Authority - OBLIGATIONS: Every public authority is under obligation to provide certain information As per Section 4 of the ACT – all details
organization officials duties functions monthly remunerations telephone list address list budget allocation annual reports concessions enjoyed by it facilities available to citizens manner of execution of subsidy programs decision making process, etc. Section 4 Maintain records & Publish-particulars of
Public Authority - OBLIGATIONS: RECEIVE applications for information from citizens ACCEPT fees
Public Authority - OBLIGATIONS To Provide INFORMATION On REQUEST from the information seeker ENGLISH or HINDI or LOCAL APPROVED VERNACULAR LANGUAGE ELECTRONIC MEANS – E-MAIL or FAX or WRITTEN REQUEST
Public Authority - OBLIGATIONS COLLATE information If INFO is available immediately OBTAIN Clearance from appropriate authority PROVIDE If INFO is NOT available immediately FORWARD to the concerned authority OBTAIN the info
Public Authority - OBLIGATIONS: Down delegation to the PIOs
CENTRAL INFORMATION COMMISSION Second Level G O V E R N M E N T CITIZEN P U B L I C A U T H O R I T Y STATE PIO C & M D CENTRAL PIO APPELLATE AUTHORITY - First Level
Public Information Officers S P I O STATE PUBLIC INFORMATION OFFICER ALL REGIONAL MANAGERS 125 # ALL TERMINAL MANAGERS
20 # Public Information Officers C P I O CENTRAL PUBLIC INFORMATION OFFICER • GM • EM & P • Pipelines • Operations – MR • Operations – VR • HR – Special Assignment • IT – Corporate • SHE • Operations & Distribution • ERP • Financial Controller • DGM • HR Marketing – I/c • Aviation I/c • Marketing Retail • LPG Sales & Marketing • Product Supply – Direct Sales • Retails Lubes • Shipping & Supplies • Strategy • Public Relations & Corp. Comm. • Finance - GGSRL. REVISION JUNE 2006
14 # APPELLATE AUTHORITIES Public Information Officers • ED • RETAIL • LPG • PROJECTS & PIPELINES • MR • VR • INTERNATIONAL TRADE & SUPPLIES • IT & ERP • HRD • IR • CORPORATE FINANCE • COMPANY SECRETARY GM - I&C - LUBES - STRATEGY & CPP A A REVISION JUNE 2006
CENTRAL COORDINATION AA SPIO CPIO CHIEF MANAGER – RTI CO-ORDINATION Office of the Company Secretary
Rupees TEN with application INSPECTION • For FIRST hour • NIL • For SUBSEQUENT hour • OR part thereof • Rupees FIVE Fees DOCUMENT • Rupees TWO • for each additional • page created or photocopied • A3 / A4 size • Actual Charge for large size paper • Actual Cost or Price for models or • samples OTHERS • For information in • CD / Diskette / Floppy • Rupees FIFTY • For Publications / print outs • Rupees TWO for each page
Fees - Against proper receipt REVISION 2006 JUNE Cash Demand Draft HPCL Banker’s Cheque Indian Postal Order Separate Accounting code S&P Circular of 22 NOV 2005
Fees – Not Acceptable • Payment when made • Thru COURT FEE STAMP • At TREASURY COUNTER
On TWO occasions NO Fees O C C A S I O N ONE BPL Citizen BPL Citizen has to establish his identity BPL – Criteria – as determined by GOI Currently – EARNINGS OF Rupees TEN per day or Rupees 300 per month
Time Limit Time is the scarcest resource of the manager; If it is not managed, nothing else can be managed. Peter F. Drucker
Within 48 Hours from request Time Limit matter of Life or Liberty of a person Within 30 calendar days From date of receipt of request Others
Appeal Procedure Who Time Limit 30 days All Aggrieved Citizens APPELLATE AUTHORITY
YES IS THERE A 2nd APPEAL? Against Whose decision ? AGAINST the FIRST level Appellate Authority’s Decision CENTRAL / STATE INFORMATION COMMISSION TIME LIMIT 90 DAYS
Central Information Commission • Shri Wajahat Habibullah • Chief Information Commissioner. • Shri A.N. Tiwari • Information Commissioner • Shri O.P. Kejariwal • Information Commissioner • Professor M.M. Ansari • Information Commissioner • Smt. Padma Balasubramanian • Information Commissioner • Central Information Commission, Old JNU Campus, Block IV, 5th Floor, New Delhi-110067
CAN COURTS INTERFERE? X LOWER CIVIL COURTS • HIGH COURT • SUPREME COURT
OBSTRUCTS Furnishing Information Requested for Any Public Authority Penalty is applicable when DESTROYS Information Requested for REFUSES To receive application KNOWINGLY Gives Incomplete Incorrect Or Misleading information MALAFIDELY Denies the Requested information DOESNOT Provide bonafide information
Rupees 250/-- PER DAY of delayed information provided Penalty component Rupees 25000/-- MAXIMUM In addition, any prescribed action under the relevant CDA Rules, by the Second Appellate Authority
Penalty component The person who has not parted with the information, though requested by the PIO PENALTY IS BORNE BY THE INDIVIDUAL BY THE CONCERNED PIO / AA
On TWO occasions NO Fees In case the information is not provided within the specified time frame or O C C A S I O N TWO The said information is provided after the specified time frame