Human Resource Development and Right to Information Act, 2005

1. Presentation by: Gyan Prakash Upadhyaya, IAS Additional Chief Secretary Department of Education Government of Sikkim Camp: SCOPE Complex, Lodhi Road, New Delhi August 09, 2019 Human Resource Development and Right to Information Act, 2005

2. 1. Types of information sought by the information seekers Administrative: Appointments of teachers and other employees, professional qualifications, service conditions, transfers, promotions, Departmental Proceedings, personal files, increments, career progression, vacancies, sanctioned posts, ad hoc appointments, statistical details of the schools, number, SSTRB recruitment procedure and recruitment details Academic: Verification (CBSE, EIILM), Curriculum related, activities of SCERT and DIETs, school calendar, teachers’ training programmes, examinations, evaluation of papers, seeking answer-scripts, marks verification, authentication of certificates and marksheets, language

3. 1. Types of information …….Contd Civil Works: Government school buildings, college buildings, auditoriums, playgrounds, laboratory, toilets, ramps, supply of materials, green rooms, changing room Projects (RUSA, Samagra Shiksha including erstwhile SSA and RMSA, MDM): project budget allocation, expenditure in different components, activities under different components, expenditure details, UCs, contractor/supplier's details, paid vouchers, bills, tender documents, tender related terms and conditions, MBs, work details, status of works, salaries and position of ad hoc employees, promotion and regularization, furniture and fixture, learning materials

4. Policies and Programmes: MDM provisions, laboratory, sports, uniform, textbooks, library grants, MoUs with different agencies, examinations related policies, RTE programmes, employment for land donors, KG Classes, Education Rules and Policies, Transfer Policies, • Finance and Account: Expenditure details, budget allocation, Fund positions, construction and supply works/project/schemes name and address of the contractor/suppliers, date of commencement & completion, sanctioned cost, funding agency, funding pattern, vouchers and Measurement Book (MBs) often dating back to more than 10 years 1. Types of information …..Contd

5. Exams and Scholarship: CMMSS, State quota in Medical and allied courses, university quota, terms and conditions, pre and post metric scholarship, higher education scholarship, admission in higher education (academic and professional) • Management: SMC, community participation, PRIs, annual day programmes, meeting details, resolutions, grants 1. Types of information …..Contd

6. 2. Delineation into various categories, subject-wise Time-wise. (not mentioning exact time period) Subject-wise. (overall general questions with less specification, not mentioning particular area, not asked to designated SPIO, not knowing the subject/content, projects mis-matched in applications) Information type. ( starting and completion of work with financial implication, category not specific, e.g; details of teachers are as per teacher category, no category mentioned).

7. Wrong address. (Applicants give wrong or incorrect postal address, phone numbers cease to exist when contacted, e-mails bounce, • Non-specific. (e.g; seeking information on pass %age of Class X without mentioning subject/year etc.) • Vague/remote content. (Sometimes addressed to wrong SPIOs, sometimes) • Application. (Without address and citizenship proof, no prescribed fee nor BPL proof) 2. Delineation into various categories…contd.

8. 3. Top 10 most frequently asked information. Appointments/transfers/promotions in general Construction, supply, status of civil works, contractors’ details, MB, bills, vouchers Verification of mark-sheet, CBSE, EIILM Non payment of outstanding bills Board question paper, self answer-scripts

9. Appointment in colleges, DIETS,SCERT as ad hoc assistant professors, teachers, non teaching jobs • Matters on Regional, State/NEET & STET/Private colleges, • Verification of EILLM certificates and status of EILLM University • Land donation to government and employment • Language subjects and appointment of Language teachers 3. Top 10 most frequently…..contd

10. 4. Solution/system in the Governance Proper maintenance of documents of financial matters Verification of site and measurement Emphasize on quality work Proper records management, documentation Proper recording, file, applications and letters Frequent visits of sites, district offices Receipt and Dispatch registers on RTI matters Timely completion of work with cost effectiveness Notifications, results, programmes, policies, financial details, administrative matters online Proper training to PIOs, APIOS and Dealing Hands on RTI Proper File Movement Register and Receipt-Dispatch schedule

11. 5. Methods for quick disposal of applications Orientation on disposal procedure and penal provision Aids developed and devised by RTI experts and trainers, Inspection of documents where bulky records are sought Online trainings on RTI matters Records and documentation as per the Manual of Office Procudure, IT Act, Public Records Act and Manuals of the Central Secretariat common to all Departments, Training on Office Procedure and Filing System, Records Retention Schedule All reasonable assistance to the Citizen as per provisions State Rules on RTI, Checklists, Flow-chart, Crutches developed by Nodal SPIO of the Department

12. Some innovative practices being adopted in the Education Department for Disposal of the RFIs (Requests for Information) under the RTI Act, 2005 RTI Act, 2005 and Education Department

13. A. Getting Ready: As soon as you have the honour of being designated as the SPIO • Read the act thoroughly alongwith the Rules and Gazettes dated August 29, 2005 No. 301 and December 22, 2005 No. 466/DoP/GEN. • Keep all the available information of the Public Authorities readily available for inspection/photocopy, etc. • Open at least two registersfor Receipt and Issue. CHECKLIST FOR SPIOs of Sikkim(not to be used as Statutory Document. Please refer relevant legal provisions)

14. B. Phase I-On receipt of an RFI (request for information) Application • Scrutinize the application if the request is made in form A. In case the application is in plain, the PIO has to see whether all the required documents are there or not. • Whether it is from a citizen of India? • RFI invariably to be accompanied by Prescribed Fee (Bank Receipt). • If application is received on transfer, fee may be collected later. • Take into account the date of receipt of application, not the date written in the application. • Whether all the particulars address etc. are mentioned in the application.

15. 7. If yes, acknowledge receipt of application in form B. 8. If not, get it corrected as necessary as the applicant is usually present. 9. If request is oral, provide reasonable assistance in getting request reduced in writing. 10. If not present (rarely), note the discrepancies in the register receipts. 11. Examine then and there whether the application is to be transferred to another PIO/Public Authority with copy to the applicant. 12. Get the details (date, address of applicant, subject matter, etc.) and transfer details, if applicable, enter in the register. 13. Ensure proper dispatch by maintaining the required records.

16. C. Phase II-Processing after eliminating ‘Transfer’ • Scrutinize the application once again. • Examine whether the information requested is not required to be given u/s 8 or 9 under the Act. • In case, the PIO rejects the application, this shall be intimated to the applicant with- • The reason for such rejection. • The period within which an appeal against such rejection may be preferred. • The particulars of First Appellate Authority to whom he can prefer appeal.

17. 4. If not, see if information is available with the PIO. • 5. Assess the cost of supply of information as per rules. • 6. Another officer needed to assist as deemed PIO u/s 5(4). • 7. If so, request him/her to supply the information if due, with cost details well in time. • 8. Issue notice to Third Party within5 days and hear him/it within 15 days,if required. • 9. If assistance sought u/s 5(4), on receipt of information alongwith details of cost from the concerned Officer/deemed SPIO- • Enter the same in the register. • Examine whether the cost is reasonable. • If not, revise as per rules. • 10.Inform applicant of the cost for information alongwith its calculation stating therein that the applicant may appeal for review of the cost with the FAA. • 11. Keep the information ready for immediate delivery on receipt of the costs.

18. D. Phase III- Final Disposition • Furnish the information to the applicant on receipt of the cost • Check whether the information has been dispatched/cost details intimated/application rejected with reasons communicated to the applicant well within time limit of • 30/35/40 days, 48 hours/5 days plus 48 hours.

19. E. As an accountable Administrative Officer. Prepare monthly statement of receipts/disposals/fees received and deposited for statutory annual returns. Maintain the records of applications received/disposed properly. Enter in register the cost of information as per rules. Keep yourself constantly updated with the evolving RTIA law from all the sources including the portals of SC/HC/CIC/SIC Ensure fee is deposited under the Head 0070-OAS-60-Other Services, 118-Receipt under RTI Act, 2005.

20. 6. Steps for transparency u/s 4 of the Act. Official and disclosable documents as per the RTI Act are hosted on the website of the Department at www.sikkimhrdd.orgwww.sikkim.gov.in Display on the notice board We have maintained the section 4(1)(b) Templates for maintenance of Sec 4(1)(b)supplied to all Lower levels dispose off the applications from their level No need to seek clearance from the HQ if the information available at the ASPIO level are to be supplied All BDOs of the RMDD designated as ASPIOs for all the Departments at the Block levels

21. Formats for the Citizens and Public Authorities • Not prescribed • Preferred • To enable the citizens have access to information • To enable the PIOs deal with the applications Sikkim State RTI Rules

22. FORM ‘A’ FORM OF APPLICATION FOR SEEKING INFORMATION See Rule5 (1) I.D. No._______________________-(For official use) To The State Public Information Officer, _____________________________ 1. Name of the Applicant: 2. Father’s name: 3. Permanent address: 4. Temporary Address: 5. Whether a citizen of India: (Please enclose your certified copy of either SSC, CoI, EPIC or Passport as proof) 6. Whether affiliated to any NGO, Social Organization, Association, Political Organization etc. If so, the particulars of NGO, Organization, Association, Political Organization: 7. Concerned department:

23. Particulars of information – (i) Details of information required (please be specific by giving details) (ii) Period for which information asked for, (iii) The Geographical area to which the Information relates (with specified details) (iv) Other details. 8. I state that the information sought does not fall within the restrictions contained inSection 6 of the Act and to the best of my knowledge it pertains to your office. 9. A fee of Rs._____________ has been deposited in the office of the CompetentAuthority vide No._____________ dated ___________ Place: Signature of the Applicant Date: Tel. No.(Office)_________ (Residence) ____________ Note: (i) Please ensure that the Form A is complete in all respects and there is no ambiguity in providing the details of information required. Form A Contd.

24. 'FORM ‘B’ ACKNOWLEDGEMENT OF APPLICATIONSee Rule 5(1) I.D. No._______________________ Date: _________________ 1. Received an application in Form A from Shri/Ms __________________________ resident of _____________________ _______________________________ under Section 5(1) of the Right to Information Act, 2005. 2. The information is proposed to be given normally within 30 days from the date of receipt of application and in case it is found that the information asked for cannot be supplied, the rejection letter shall be issued stating reason thereof. 3. The applicant is advised to contact the undersigned on ____________________ between 11 A.M. to 1 P.M. 4. In case the applicant fails to turn up on the scheduled date(s), the Competent Authority shall not be responsible for delay, if any. 5. The applicant shall have to deposit the balance fee, if any, with the authorized person before collection of information. 6. The applicant may also consult Web-site of the department from time to time to ascertain the status of his application. Dated _____________ Signature and Stamp of the State Public Information Officer. Address: ___________________

25. FORM ‘C’ REJECTION ORDERSee Rule 5(1)(3) From ________________________________ No.__________________________________ Date: ___________ To ______________________________ Sir/Madam, Please refer to your application; I.D. No._____________ dated ____________ addressed to the undersigned regarding supply of information on _______________________________________________ 2. The information asked for cannot be supplied due to following reasons:- (i) (ii) 3. As per Section 19(1) of Right to Information Act, 2005, you may file an appeal to the First Appellate Authority, Special Secretary, Education Department, within 30 days of the issue of this order. Yours faithfully, State Public Information Officer. Tel. No.____________________

26. FORM ‘D’ FORM OF SUPPLY OF INFORMATION TO THE APPLICANT See Rule 5(1) (D) From___________________________ No.____________________________ Date________ To __________________________ __________________________ Sir/Madam, Please refer to your application; I.D. No.___________ dated __________ addressed to the undersigned regarding supply of information on ________________ _____________________________________________.

27. 2. The information asked for is enclosed for reference. (i) (ii) The remaining information about the other aspects cannot be supplied due to following reasons:- (i) (ii) (iii) 3. The requested information does not fall within the jurisdiction of this Competent Authority. 4. As per Section 19(1) of Right to Information Act, 2005, you may file an appeal to the Special Secretary, First Appellate Authority, Education Department, Tashiling Secretariat, Gangtok, East Sikkim (737103) within 30 days from the date of issue of this order. Yours faithfully, State Public Information Officer. Address: ________________________ Tel. No.________________________ Form D Contd.

28. ANNEXURE ‘E’ (See Rule 12.) Appeal under section 19(1) of the Right to Information Act, 2005. From: ____________________________ (Applicant’s name and address) To The First Appellate Authority, RTI Act, 2009 Special Secretary, Education Department, Level 5, Tashiling Secretariat, Gangtok 1. Full name of the Appellant. 2. Address: 3. Particulars of the State Public Information Officer. 4. Date of receipt of the order appealed against (if order passed). 5. Last date for filing the appeal: 6. The grounds for appeal 7. Particulars of information. i) Nature and subject matter of the information required. (ii) Name of the Office or Department to which the information relates. Place: Signature of Appellant. Date Enclosed Bank B.R. No.__________ dated _________ for Rs.50/- 

29. ANNEXURE ‘F’(See Rule 14.)Appeal under section 19(3) of the RTI Act, 2005 From: __________________________ (Appellant’s name and address) To ___________________________________ (Name/designation/address of the appellate authority) 1. Full name of the Appellant: 2. Address: 3. Particulars of the State Public Information Officer: 4. Particulars of the First Appellate Authority. : 5. Date of receipt of the order appealed against. 6. Last date for filing the appeal. : 7. The grounds for appeal. : 8. Particulars of information. : (i) Nature and subject matter Of the information required: (ii) Name of the Office or Department to which the Information relates. : Place Signature of Appellant Date: Enclosed Bank B.R. No.__________ dated _________ for Rs.100/-

30. Thanks!