RTI Project

CHAPTER-1

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1.0 INTRODUCTION

Objective of the Project:

To study RTI and main objectives of bringing it into force.

To understand what is public authority and obligation of it.

To find out the relevance of Implementation of RTI in RDCIS, SAIL.

To determine the performance highlights of RTI in RDCIS, SAIL.

The Right to Information Act which was passed by the parliament in the

year 2005 provides legal and statutory rights to citizen of this country to

seek and get any information from the public authorities. Prior to

enactment of this Act, it was difficult to get any information from civic

authorities, banks, telephone companies, electricity boards, passport

offices, public sectors and government agencies, income tax departments,

educational institutions etc. related to their working having repercussions

on the life of citizens. Complaints made were not responded or even not

acknowledged and were lying unattended for months and years.

Municipal Corporations, passport offices, educational

institutions, UPSC, road/building construction and various offices of the

government etc were working without realizing the sense of accountability

to the public. Apparently transparency and accountability in their working

were missing. Any information sought was refused under the pretext of

Official Secret Act, 1923. The citizens were not properly educated and/or

were unaware of their rights. The public authorities were not realizing their

responsibilities and accountability towards the right of citizens and were

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escaping from the burden to provide information to the public in the garb

of Official Secrets Act, 1923. In the absence of transparency and

accountability the cases of corruption in these organizations/institutions of

the Central/State Government were rising day by day. Consequently, our

country is rated as one of the most corrupt country in the world. More than

60 countries have already enacted such Act in their country which has

helped in reducing corruption in their country.

In order to remove corruption in our country and for making the

public authorities transparent, responsible and accountable towards their

working, Right to Information Act, 2005 was enacted by the Indian

Parliament wherein every citizen have been given right to access

information or seek information from the Public Authorities. The Central

Government/Public Sector Undertakings and State Government/Public

Sector Undertakings and other autonomous bodies run with the financial

support of the Central/State Government have been defined as the

“Public Authority” under the Act. The Act provides for ensuring greater

and more effective access to information for effectuating the right of

information recognized under Article 19 of the Constitution of India. The

provisions ensure maximum disclosure and minimum exemptions,

consistent with the constitutional provisions, and effective mechanism for

access to information and disclosure by authorities.

Democracy requires informed citizens and transparency of information.

The Act provides for setting out Central Information Commission and

State Information Commissions to promote transparency and

accountability in the working of every public authority.

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1.1 ROLE OF RTI ACT 2005 IN HUMAN RESOURCE MANAGEMENT

RTI Act, 2005 is a new Act giving right to every citizen of India to seek information from various government organizations that are defined as public authorities within the meaning of the Act.

The main aim and objective of the Act is to provide information and access of information for citizens in order to promote transparency, remove corruption or & accountability in the working of every public authority/organization.

RTI ACT 2005 has been enacted by the Parliament in the public interest; therefore this Act is very helpful in making the public authority to be transparent in their area of activities and to remove corrupt practices in the organization, which is a beneficial legislation for the nation as well as public at large.

The main work of the HRM is managerial and administrative in nature apart from other managerial and operative functions of the organization. While carrying out administrative functions and responsibilities HR department is required to fulfill various statutory obligations prescribed under different laws.

RTI Act 2005 is also one of the legal obligations of an organization who is public authority and compliance thereof is required to be done by HR department, while fulfilling the legal obligations of the organization.

So far as SAIL, RDCIS is concerned, the RTI Cell within the Head of HR i.e. GENERAL MANAGER (P&A) has been created consisting of S/Shri K.R. Thakur, Sr.Manager (Law) & PIO and R.C. Jain, Assistant Manager (Law) & APIO and accordingly Public Information Officer (PIO), RDCIS is reporting to Head of HR i.e. GENERAL MANAGER (P&A).

From the study made by us, it is learnt that head of HR i.e. GENERAL MANAGER (P&A) is also functioning as the Ist Appellate Authority under the RTI Act, 2005 in respect of RDCIS.

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In view of the aforesaid reasons we were interested to make study in RTI ACT 2005 and its implementation in RDCIS.

1.2 OBJECTIVES OF RTI ACT,2005

Under the provisions of this Act and as a main objective of the Act, the

citizens have been provided with the legal right to seek for and have also

complete right to seek for any information and have also complete right to

inspection of any of the documents, records etc. under the control of

public authority and get copies of the same also. Any citizen requiring any

information has to make an application to the Public Information Officer

(PIO) and submit it with prescribed fee giving the details of information

required. Thus the objective of this act is to make the public authorities

accountable and to bring transparency in their working. Citizens have

been empowered to have right to information and inspection of records

under the control of public authorities.

AIMS OF RTI ACT,2005

The aim of RTI act is to provide for setting out the practical regime of right

to information for citizens to secure access to information under the

control of public authorities, in order to promote transparency and

accountability in working of every public authority, the constitution of the

Central Information Commission and State Information Commission and

for the matters connected with or incidental thereto.

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CHAPTER-2

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COMPANY PROFILE

2.0 VISION OF SAIL

“To be a respected world Class Corporation and the leader in Indian steel

business in quality, productivity, profitability and customer satisfaction.”

2.1 ORIGIN OF STEEL AUTHORITY OF INDIA LIMITED ( SAIL )

SAIL traces its origin to the formative years of an emerging nation - India.

After independence the builders of modern India worked with a vision - to

lay the infrastructure for rapid industrialisaton of the country. The steel

sector was to propel the economic growth. Hindustan Steel Private

Limited was set up on January 19, 1954.

Expanding Horizon (1959-1973)

Hindustan Steel (HSL) was initially designed to manage only one plant

that was coming up at Rourkela. For Bhilai and Durgapur Steel Plants, the

preliminary work was done by the Iron and Steel Ministry. From April

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THE PRECURSOR

1957, the supervision and control of these two steel plants were also

transferred to Hindustan Steel. The registered office was originally in New

Delhi. It moved to Calcutta in July 1956 and ultimately to Ranchi in

December 1959.

The 1 MT phases of Bhilai and Rourkela Steel Plants were completed by

the end of December 1961. The 1 MT phase of Durgapur Steel Plant was

completed in January 1962 after commissioning of the Wheel and Axle

plant. The crude steel production of HSL went up from .158 MT (1959-60)

to 1.6 MT. A new steel company, Bokaro Steel Limited, was incorporated

in January 1964 to construct and operate the steel plant at Bokaro. The

second phase of Bhilai Steel Plant was completed in September 1967

after commissioning of the Wire Rod Mill. The last unit of the 1.8 MT

phase of Rourkela - the Tandem Mill - was commissioned in February

1968, and the 1.6 MT stage of Durgapur Steel Plant was completed in

August 1969 after commissioning of the Furnace in SMS. Thus, with the

completion of the 2.5 MT stage at Bhilai, 1.8 MT at Rourkela and 1.6 MT

at Durgapur, the total crude steel production capacity of HSL was raised

to 3.7 MT in 1968-69 and subsequently to 4MT in 1972-73.

Holding Company

The Ministry of Steel and Mines drafted a policy statement to evolve a

new model for managing industry. The policy statement was presented to

the Parliament on December 2, 1972. On this basis the concept of

creating a holding company to manage inputs and outputs under one

umbrella was mooted. This led to the formation of Steel Authority of India

Ltd. The company, incorporated on January 24, 1973 with an authorized

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capital of Rs. 2000 crore, was made responsible for managing five

integrated steel plants at Bhilai, Bokaro, Durgapur, Rourkela and Burnpur,

the Alloy Steel Plant and the Salem Steel Plant. In 1978 SAIL was

restructured as an operating company.

Since its inception, SAIL has been instrumental in laying a sound

infrastructure for the industrial development of the country. Besides, it has

immensely contributed to the development of technical and managerial

expertise. It has triggered the secondary and tertiary waves of economic

growth by continuously providing the inputs for the consuming industry. 

2.2 Steel Authority of India Limited ( SAIL )

 Steel authority of India (SAIL) is a company within the meaning of section

617 of the company’s Act 1956 having its Registered office at Ispat

Bhawan Lodi road New Delhi - 110003. It has various Plants and Units all

over the country and is a largest steel producer in India.

Earlier SAIL was one of the Navratna’s company declared by

Government of India. The Government of India introduced a “Maharatna

Scheme” on 4th February 2010. The objective of the Maharatna scheme

was to delegate powers to Boards of identified large sized Navratna

Central Public Sector Enterprise both in domestic as well as global

market.

Steel Authority of India Limited fulfilled all the eligibility criteria set up by

the government for achievement of Maharatna status.

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Accordingly on 19th may 2010, the Government of India has central public

sector enterprises namely Indian Oil Corporation limited, National Thermal

Power Corporation limited and oil & natural gas Corporation limited have

also received Maharatna status. As per annual report 2009-10, 85.82%

share of SAIL is held by Government of India.

SAIL is one of the largest steel makers in India. With a turnover of

43,935 crore in the financial year 2009-2010, the company is among the

top five highest profit earning corporate of the country. It is a public sector

undertaking which trades publicly in the market is largely owned by

Government of India and acts like an operating company. Incorporated on

January 24, 1973, SAIL has more than 1.00 lakh (approx.) employees.

The company's current Chairman is Mr. C. S. Verma. SAIL is the 16th

largest steel producer in the world.

It operates and owns five integrated steel plants at Rourkela, Bhilai,

Durgapur, Bokaro and Burnpur and three special steel plants at

Salem, Durgapur & Bhadravati and SAIL refractory unit at Bokaro,

Jharkhand. With four plants in Jharkhand and Chattisgarh producing

refractors for SAIL steel plants. Maharashtra Elektrosmelt Ltd. (MEL)

at Chandrapur (Maharashtra) is also a subsidiary company of SAIL

which produces ferro alloys.

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2.3 EXPANSION OF THE BUSINESS

  A new unit coming up at ISP

Modernisation & Expansion

SAIL, is in the process of modernizing and expanding its production

units, raw material resources and other facilities to maintain its dominant

position in the Indian steel market.

Objective of Expansion Plan 100% production of steel through Basic Oxygen Furnace (BOF) route

100% processing of steel through continuous casting

Value addition by reduction of semi-finished steel

Auxiliary fuel injection system in all the Blast Furnaces

State-of-art process control computerization / automation

State-of-art online testing and quality control

Energy saving schemes

Secondary refining

Adherence to environment norms

2.4 SOME PRODUCTS OF SAIL

HOT ROLLED COILS, SHEETS AND SKELP

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Hot rolled coils, sheets and scalp (narrow coil), are the largest product

category of the company in terms of both sales volume and revenue. Hot

rolled coils are primarily used for making pipes and have many direct

industrial and manufacturing applications, including the construction of

tanks, railway cars, bicycle frames, ships, engineering and military

equipment and automobile and truck wheels, frames and body parts. Hot

rolled coils are also used as feedstock for cold rolling mills where they

undergo further processing. Hot rolled coils are also delivered to the

company's own cold rolling mills and silicon sheet mill and pipe plant in a

wide range of widths and thicknesses as the feedstock for higher value-

added steel products. The company is the largest producer of hot rolled

coils, sheets and scalp in India.

SEMI-FINISHED PRODUCTS

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The company produces semi-finished products, including blooms, billets

and slabs, which are converted into finished products in the company's

processing plant and, to a lesser extent, sold to re-rollers for conversion to

finished products.

PLATES

Steel plates are used mainly for the manufacture of bridges, steel

structures, ships, large diameter pipes, storage tanks, boilers, railway

wagons and pressure vessels. The company also produces weatherproof

steel plates for the construction of railcars. The company is currently the

largest producer of steel plates in India with a domestic market share of

more than 80 per cent for these products. The company is the only

producer of wide and heavy plate products in India.

COLD ROLLED PRODUCTS

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Cold rolling of hot rolled products produces a superior surface finish,

improves the physical properties of the steel, such as tensile strength, and

reduces its thickness to precise gauges. As a result, cold rolled products

generally command higher prices than hot rolled products. The products

of the cold rolling mill include cold rolled sheets and coils, which are used

primarily for precision tubes, containers, bicycles, furniture and for use by

the automobile industry to produce car body panels. Cold rolled products

are also used for further processing, including for color coating,

galvanizing and tinning. The company also produces further processed

cold rolled products, including galvanized sheets and tin plates. 

RAILWAY PRODUCTS

Railway products, including rails, wheels and axles, sleeper and fish plates

(which are used to connect and strengthen rails), are produced through a

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process of hot rolling blooms in the finishing mills and forging ingots and

blooms in the forging press or hammer. Railway products are used primarily

to upgrade and expand the existing railway network in India.

BARS AND RODS

The company produces steel bars and rods through a process of hot rolling

billets in the finishing mills. Reinforcement steel and wire rods are primarily

used by the construction industry. The company is one of the largest

producers of reinforcement bars in India

which are primarily sold to the construction industry.

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SPECIALITY PRODUCTS

Specialty products include electrical sheets, tin plates and pipes. Electrical

sheets are cold rolled products of silicon steel for electrical machinery. Tin

plates are cold rolled steel electrolytic ally coated with tin for food packaging.

Pipes are longitudinally or spirally welded from hot

rolled coils for conveying such things as water, oil

and gas.

ALLOY AND STAINLESS PRODUCTS

In addition to the steel products indicated above, SAIL produces a wide

range of alloy steel products at ASP, SSP and VISL. Elements including

chromium, nickel, vanadium and molybdenum are used in the alloy

mixture to impart special properties to steel. These alloy steels are

primarily used for sophisticated applications, including in the automobile,

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railway and defense industries.

2.5 SAIL: RESEARCH & DEVELOPMENT CENTER FOR IRON AND STEEL

The Research & Development Centre for Iron & Steel (RDCIS) at Ranchi is the corporate R&D unit of SAIL. RDCIS is one of the Units of SAIL. Set up in 1972, the Centre has ISO:9001 Certification to its credit. HR Department of RDCIS has also been separately certified to be an ISO 9001:2008. RDCIS undertakes R&D projects in diverse realms of iron & steel technology under the categories of Plant Performance Improvement (PPI), Product Development (PD), Scientific Investigation and Development (SID), Basic Research (BR) and Technical Services (TS).

RDCIS has more than 300 dedicated and competent scientists and engineers and its laboratory is equipped with around 300 sophisticated diagnostic research equipment and 5 pilot plant facilities.

RDCIS provides customers with prompt, innovative and cost effective R&D solutions; develop and commercialize improved processes and products; continually enhance the capability of its human resources to emerge as a centre of excellence. The major efforts are directed towards

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cost reduction, quality improvement and value-addition to products of SAIL plants providing application engineering support to SAIL’s product at customers’ end. RDCIS, along with steel plants, takes initiatives to develop special steel products utilizing the modernized production facilities at steel plants.

RDCIS also offers technological services to various organizations in the form of know-how transfer of technologies developed by RDCIS; consultancy services; specialized testing services; contract research; technology awareness programmes.

CHAPTER-3

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HR PRACTICES AND POLICIES IN SAIL, RDCIS, RANCHI

Quality Policy

We shall build and sustain a world-class organization.

Where quality is the hallmark of every process and activity.

With the involvement and dedication of our Human recourse.

We are committed to achieve satisfaction of all our stakeholder.

Through innovation and continual improvement.

Safety Policy

Steel Authority of India Limited (SAIL) is committed to:

Safety of its employee and the People associated with it including

those living in the neighborhood of its plant , mines and units

Pursue Safety efforts in a sustained and consistent way by

establishing safety goals, demanding accountability for safety

performance and providing resources to make safety programme

work.

Guiding Principle

Excellence in health & safety support excellent business result.

All accidents can be must prevented

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All employees are responsible and accountable for maintaining

safety standards.

Safety standards to be incorporated in all work procedure.

Imparting training to create safety consciousness and to work safely

to be a key element of safety programmes.

Safety to be enhance through participative committees and other

forum.

Comprehensive and regular audit of the safety performance, to be

conducted.

All works practices & procedures to be in consonance with Statutory

Rules and Regulation on Safety.

Organisations are made of people. Their effectiveness depends on the

performance of the people constituting them. There was a time when

employees use to consider as a liability. Over the time the organisation

have realised the importance of human resource and they are no more

being considered as a liability a valuable strategically important asset. The

employees are partner in business. The transformation in the attitude and

the outlook towards people in organisation has led to development of

personnel management, which is now- a-days also known as human

resource management.

The primary purpose of personnel management is to contribute to the

profitability and survival of an organisation by effective management of its

total human resources. In doing so, however, it seeks to strike a balance

of the social justice, organisational effectiveness, personnel policies &

procedures and personal objectives.

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All managers have direct responsibility for the human resources in an

organization and are responsible for activities and decisions concerning

people. In this sense all managers are personnel managers. Still most

organisations have a separate personnel department to coordinate all

personnel activities, which mainly consist of the following

Human resource planning: Relates to assessment of man power

requirement and to meet that requirement through recruitment from

internal and external sources.

Training and development: Related to assessment of training,

imparting training through training modules and assessment of its

impact.

Promotion and transfer: Related to career growth of the employees

and meeting organisations requirement of trained and experienced

man power.

Performance management: Relates to assessment of performance

of employees against set goals and linking it with reward and

growth.

Wage and salary administration: Management of employees’

compensation, incentive schemes, bonus allowances etc.

Employee welfare: Meeting the social requirement of the employee.

Employees’ relations: Relates to maintaining conduce environment

for smooth conduct of work.

Discipline management: Relates to ensuring discipline at workplace

and taking disciplinary action.

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Corporate Social Responsibility Policy

SAIL recognizes that its business activities have a direct and indirect

impact on society. The company strives to integrate its business values

and operations in an ethical and transparent manner to demonstrate its

commitment to sustainable development and to meet the interests of its

stakeholders.

Guiding Principles

Toward this commitment, to Company shall:

Create a positive footprint within the society to make a meaningful

difference in the lives of the people by continually aligning its

initiatives to the goals for sustainable development.

Maintain commitment to business & people for quality, health and

safety in every respect.

Undertake ethical business practices across the supply chain.

Make positive impact on the environment and promote good

environmental practices.

Promote equality of opportunity and diversity of workforce

throughout its business operations.

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CHAPTER-4

23

BRIEF INTRODUCTION OF RTI ACT 2005

The Right to Information Act 2005 (RTI) is an Act of the Parliament of

India. It is the implementation of freedom of information legislation in India

on a national level "to provide for setting out the practical regime of right to

information for citizens." The Act applies to all States and Union

Territories of India, except the State of Jammu and Kashmir - which is

covered under a State-level law. Under the provisions of the Act, any

citizen (excluding the citizens within J&K) may request information from a

"public authority" (a body of Government or "instrumentality of State")

which is required to reply expeditiously or within thirty days. The Act also

requires every public authority to computerize their records for wide

dissemination and to proactively publish certain categories of information

so that the citizens need minimum recourse to request for information

formally. This law was passed by Parliament on 15 June 2005 and came

fully into force on 13 October 2005. Information disclosure in India was

hitherto restricted by the Official Secrets Act 1923 and various other

special laws, which the new RTI Act now relaxes.

Framework

Disclosure of State information in British India was (and is) governed from

1889 by the Official Secrets Act. This law secures information related to

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security of the State, sovereignty of the country and friendly relations with

foreign states, and contains provisions which prohibit disclosure of non-

classified information. Civil Service conduct rules and the Indian Evidence

Act impose further restrictions on government officials' powers to disclose

information to the public.

Freedom of Information Act 2002

Passage of a national level government appointed a working group under

H. D. Shourie and assigned it the task of drafting legislation. The Shourie

draft, in an extremely diluted form, was the basis for the Freedom of

Information Bill, 2000 which eventually became law under the Freedom of

Information Act, 2002. This Act was severely criticized for permitting too

many exemptions, not only under the standard grounds of national

security and sovereignty, but also for requests that would involve

"disproportionate diversion of the resources of a public authority". There

was no upper limit on the charges that could be levied. There were no

penalties for not complying with a request for information. The FoI Act,

consequently, never came into effective force.

State Level Laws

The RTI Laws were first successfully enacted by the state governments of

— Tamil Nadu (1997), Goa (1997), Rajasthan (2000), Karnataka (2000),

Delhi (2001), Maharashtra (2002), Assam (2002), Madhya Pradesh

(2003), and Jammu and Kashmir (2004). The Maharashtra and Delhi

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State level enactments are considered to have been the most widely

used. The Delhi RTI Act is still in force. Jammu & Kashmir, has its own

Right to Information Act of 2009, the successor to the repealed J&K Right

to Information Act, 2004 and its 2008 amendment.

Scope

The Act covers the whole of India except Jammu and Kashmir, where J&K

Right to Information Act is in force. It is applicable to all constitutional

authorities, including the executive, legislature and judiciary; any

institution or body established or constituted by an act of Parliament or a

state legislature. It is also defined in the Act that bodies or authorities

established or constituted by order or notification of appropriate

government including bodies "owned, controlled or substantially financed"

by government, or non-Government organizations "substantially financed,

directly or indirectly by funds" provided by the government are also

covered in it.

Private bodies

Private bodies are not within the Act's ambit directly. However, information

that can be accessed under any other law in force by a public authority

can also be requested. In a landmark decision of 30-Nov-2006 ('Sarbajit

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Roy versus DERC') the Central Information Commission also reaffirmed

that privatised public utility companies continue to be within the RTI Act-

their privatisation not withstanding. The relevant case law on the issue is

given in APPENDIX-1.

Right to Information

The Act specifies that citizens have a right to:

Request any information (as defined).

Obtain copies of documents.

Inspect documents, works and records.

Take certified samples of materials of work.

Process

Under the Act, all authorities covered must appoint their Public

Information Officers (PIOs). Any person may submit a request to the

PIO for information in writing. It is the PIO's obligation to provide

information to citizens of India who request information under the Act. If

the request pertains to another public authority (in whole or part) it is the

PIO's responsibility to transfer/forward the concerned portions of the

request to a PIO of the other within 5 days. In addition, every public

authority is required to designate Assistant Public Information Officers

(APIOs) to receive RTI requests and appeals for forwarding to the PIOs of

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their public authority. The applicant is not required to disclose any

information or reasons other than his name and contact particulars to seek

the information.

The Act specifies time limits for replying to the request.

If the request has been made to the PIO, the reply is to be given

within 30 days of receipt.

If the request has been made to the PIO which pertains to third party

information, the reply is to be given within 40 days of receipt.

If the PIO transfers the request to another public authority (better

concerned with the information requested), the time allowed to reply

is 30 days but computed from the day after it is received by the PIO

of the transferee authority.

Information concerning corruption and Human Rights violations by

scheduled Security agencies (those listed in the Second Schedule

to the Act) is to be provided within 45 days but with the prior

approval of the Central Information Commission.

However, if life or liberty of any person is involved, the PIO is

expected to reply within 48 hours.

The applicant/requester is required to deposit a fee of Rs.10/- along with

his/her application. The citizens of below poverty line are exempted from

payment of any fee. In case, the applicant/requester is required to deposit

further fee for getting required information, the time between the reply of

the PIO and the time taken to deposit the further fees for information is

excluded from 30 days, i.e. the time allowed under the Act.

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If information is not provided within this period, it is treated as deemed

refusal. Refusal with or without reasons may be ground for appeal or

complaint. Further, information not provided in the times prescribed is to

be provided free of charge.

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the

request, Rs. 2 per page of information and Rs. 5 for each hour of

inspection after the first hour. If the applicant is a Below Poverty Card

holder, then no fee shall apply. Such BPL Card holders have to provide a

copy of their BPL card along with their application to the Public Authority.

States Government and High Courts fix their own rules.

Partial Disclosure

The Act allows those part(s) of the record which are not exempt from

disclosure and which can reasonably be severed from parts containing

exempt information to be provided.

Exclusions

Intelligence and security organisation established by the Central

Government

1. Intelligence Bureau.

2. Research and Analysis Wing of the Cabinet Secretariat.

3. Directorate of Revenue Intelligence.

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4. Central Economic Intelligence Bureau.

5. Directorate of Enforcement.

6. Narcotics Control Bureau.

7. Aviation Research Centre.

8. Special Frontier Force.

9. Border Security Force.

10. Central Reserve Police Force.

11. Indo-Tibetan Border Police.

12. Central Industrial Security Force.

13. National Security Guards.

14. Assam Rifles.

15. Sashastra Seema Bal

16. Directorate General of income tax (investigation)

17. National Technical Research Organization

18. Financial Intelligence unit India

19. Special Protection Group

20. Defense research and development organization

21. Boarder Road Development Board

22. National Security Council secretariat

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Agencies specified by the State Governments through a Notification will

also be excluded. The exclusion, however, is not absolute and these

organizations have an obligation to provide information pertaining to

allegations of corruption and human rights violations. Further, information

relating to allegations of human rights violation could be given but only

with the approval of the Central or State Information Commission.

Exemption from disclosure of information :

As per provisions of Section 8 of the Act, the following are exempted from

disclosure.

Information, disclosure of which would prejudicially affect the

sovereignty and integrity of India, the security, "strategic, scientific or

economic" interests of the State, relation with foreign State or lead

to incitement of an offense;

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 breach 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 competent authority

is satisfied that larger public interest warrants the disclosure of such

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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 source of information or

assistance given in confidence for law enforcement or security

purposes;

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;

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

(but it is also provided that the information which cannot be denied

to the Parliament or a State Legislature shall not be denied by this

exemption);

Notwithstanding any of the exemptions listed above, a public

authority may allow access to information, if public interest in

disclosure outweighs the harm to the protected interests.

(This provision is qualified by the proviso to sub-section 11(1) of the

Act which exempts disclosure of "trade or commercial secrets

protected by law" under this clause when read along with 8(1)(d).

Role of the Government

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Section 26 of the Act enjoins the Central Government, as also the State

Governments of the Union of India (excluding J&K), to initiate necessary

steps to:

Develop educational programs for the public especially

disadvantaged communities on RTI.

Encourage Public Authorities to participate in the development and

organization of such programs.

Promote timely dissemination of accurate information to the public.

Train officers and develop training materials.

Compile and disseminate a User Guide for the public in the

respective official language.

Publish names, designation postal addresses and contact details of

PIOs and other information such as notices regarding fees to be

paid, remedies available in law if request is rejected etc.

Power to make rules

The Central Government, State Governments and the Competent

Authorities as defined in S.2(e) are vested with powers to make

rules to carry out the provisions of the Right to Information Act,

2005. (S.27 & S.28).

Residuary Powers

If any difficulty arises in giving effect to the provisions in the Act, the

Central Government may, by Order published in the Official Gazette,

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make provisions necessary/expedient for removing the difficulty.

(S.30).

Effects of Right to Information Act   and Prominent disclosures using

Right to Information Act

In the first year of National RTI, 42,876 (not yet official) applications for

information were filed to Central (i.e. Federal) public authorities. Of these

878 were disputed at the final appellate stage - the Central Information

Commission at New Delhi. A few of these decisions have thereafter been

mired in further legal controversy in the various High Courts of India. The

first stay order against a final appellate decision of the Central Information

Commission was granted on 3.May.2006 by the High Court of Delhi in

WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information

Commission & Ors". The Government of India's purported intention in

2006 to amend the RTI Act was postponed after public disquiet, but has

been revived again in 2009 by the DoPT.

External links

Government of India links

o CIC - The Central Information Commission is empowered to

decide complaints and appeals arising from use of the Right to

Information Act, 2005.

o CIC Online - New website of the Central Information

Commission.

o DoPT - The Department of Personnel and Training, Ministry of

Personnel, Public Grievances, and Pensions, Government of

34

India is charged with being the nodal agency for the Right to

Information Act, 2005. It has the powers to make rules

regarding appeals, fees, etc.

o Right to Information Act Portal

o Complete text of the Right to Information Act

Online RTI Act 2005

Online groups discussing the Right to Information Act

o RTI INDIA, Online community portal for Right to Information

o RTI INDIA Yahoo RTI e-group

Complete indexed and searchable E-Act

RELEVANT PROVISION OF THE ACT

SECTION 8-EXEMPTION

As per the provision of this section ,information related to sovereignty and

integrity of india, information forbidden to be published by court, breach of

privelage of parliament,commercial confidence , or trade secrets,

information which may endanger life or physical safety, information related

to decision of council of ministers where the decision has not been taken ,

will not be disclosed as detailed below:

a.information ,disclosure of which would prejudicially affect the

sovereignty and integrity of india, the security, strategic, scientific or

economic interests of the state , relation with foreign state or lead to

incitement of an offence:

b) Information which has been expressly forbidden to be published by any b) Information which has been expressly forbidden to be published by any

court of law or tribunal or the disclosure of which may constitute contempt court of law or tribunal or the disclosure of which may constitute contempt

35

of court.of court.

c) Information of the disclosure which would cause breach of privilege of c) Information of the disclosure which would cause breach of privilege of

parliament or the state legislature.parliament or the state legislature.

d) Information including commercial, confidence, trade, secrets or d) Information including commercial, confidence, trade, secrets or

intellectual property , the disclosure of which would harm the competitive intellectual property , the disclosure of which would harm the competitive

position of a third party unless the competent authority is satisfied that position of a third party unless the competent authority is satisfied that

large public interest warrants the disclosure of such information.large public interest warrants the disclosure of such information.

e) Information is available to a person in his fiduciary relationship, unless e) Information is available to a person in his fiduciary relationship, unless

the competent authority is satisfied that a large public interest warrants thethe competent authority is satisfied that a large public interest warrants the

disclosure of such information.disclosure of such information.

f) Information received in confidence from foreign government.f) Information received in confidence from foreign government.

g) Information, the disclosure of which would endanger the life of physical g) Information, the disclosure of which would endanger the life of physical

safety of any person or identify the source of information or assistance safety of any person or identify the source of information or assistance

given in confidence for law enforcement or safety purpose.given in confidence for law enforcement or safety purpose.

h) Information which would impede the process of investigation or h) Information which would impede the process of investigation or

apprehension or prosecution offender.apprehension or prosecution offender.

i) Cabinet papers including records of delegations of the council of i) Cabinet papers including records of delegations of the council of

ministry, secretaries and other officers:ministry, secretaries and other officers:

Provided that the decisions of council of ministers the reasons thereof,Provided that the decisions of council of ministers the reasons thereof,

and the material on the basis of which the decisions were taken shall beand 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,made public after the decision has been taken and the matter is complete,

or over:or over:

Provided further that those matter which come under the exemptions Provided further that those matter which come under the exemptions

36

specified in this section shall not be disclosedspecified in this section shall not be disclosed

j) Information which related personal information the disclosure of whichj) Information which related personal information the disclosure of which

has no relationship to any public activity or interest, or which would causehas no relationship to any public activity or interest, or which would cause

unwarranted invasion of the privacy of the individual unless the centralunwarranted invasion of the privacy of the individual unless the central

public information officers or the state public information officer or thepublic information officers or the state public information officer or the

Appellate Authority as the case may be, in satisfied that large publicAppellate Authority as the case may be, in satisfied that large public

interest justifies the disclosure of such information.interest justifies the disclosure of such information.

Provided that the information which cannot be denied to the parliament or Provided that the information which cannot be denied to the parliament or

a state legislature shall not be denied to any person.a state legislature shall not be denied to any person.

During our study, we have learnt that in some cases some of the people

are seeking so many information in a single application and which are

exempted under the provisions of the Act. The matter went in appeal

before the Central Information Commission who also held and decided

that in some of the cases, the public authority are not acting in true spirit

of the Act and in some cases the provisions of the Act are being misused

by some of the people in the garb of their right under the Act. In this

connection, the cases decided by the CIC are being attached in

ANNEXURE-2

37

CHAPTER-5.

38

IMPLEMENTATION OF RTI ACT IN SAIL, RDCIS, RANCHI

Pursuant to a direction from SAIL Corporate office New Delhi necessary

steps were taken in SAIL RDCIS, Ranchi for implementation of RTI Act

2005. Accordingly PIO, APIO, Appellate Authority were nominated by the

competent authority. RDCIS also prepared 17th manuals as provided

under sec 4(1) of the RTI Act. At the initial stage of the implementation of

RTI act in RDCIS Shri Mukul Akhori (Asst. General Manager personal-

CSR) was nominated as PIO and Shri S B Sahay, Sr. Manager

(Rajbhasa) was nominated to act as APIO. Shri L.N.Mehrotra, General

Manager (Personal and administration was nominated as the appellate

authority in RDCIS.

Consequent upon the transfer of Shri Mukul Akhori to Durgapur Steel

Plant as DGM Shri K R Thakur, Senior. Manager ( Law) has been

nominated as PIO in RDCIS. Shri R. C. Jain, Assistant Manager law, has

been nominated as APIO . At present Shri V S Mathur, General Manager

(P&A) has been nominated as the Appellate Authority and they are

continuing to the said post for effective implementation of the RTI Act in

RDCIS, Ranchi.

Based on the direction of the CIC forwarded by the CPIO ( SAIL

corporate office), Dr. Rama Avatar General Manager( RT) has been

appointed as transparency officer in RDCIS , Ranchi.

After implementation of RTI ACT 2005,first application was received by

RDCIS on 13th October 2005 and till today RDCIS has received 84

applications.

All the application have being entertained and replied within the stipulated

39

time as provided under the Act.

3 matters went up to first appellate authority and 1 matter was referred to

CIC.

During 2010-11, 27 number of application were received. All the

applicants were replied within the time frame. Not a single decision of the

PIO has been challenged either before the first appellate authority or

before the CIC.

So far as the implementation part is concerned in SAIL there has been

definitely some improvement in record keeping and transparency in

working.

In CIC 90% of the decisions of PIO’S/Appellate Authority upheld. In some

cases direction have being issued by CIC which is advisory in nature

.

The applications for information have been received from:

1) Own employees

2) Own customer regarding tendering process, purchase of goods etc.

3) recruitment/promotion/reservation/claims and CSR matters

No citizen so far comes about corrupt practices in SAIL.

During March 2009 to May 2011 all together 51 application have been

received by the PIO, RDCIS directly or through ministry/ SAIL corporate

office. The subject on which the information have been sought for are as

40

under:-

1) Appointment & Recruitment

2) Promotion and Transfer Posting

3) Reservation

4) Corporate Social Responsibility

5) Others ( Union, guest house , patents, contract etc.)

Table Showing various cases related to RTI in SAIL, RDCIS, Ranchi

Sl.

No.

CASES No. of cases

1. Appointment & Recruitment 13

2. Promotion and Transfer Posting 3

3. Reservation 9

4. Corporate Social Responsibility 5

5. Others 21

Pie chart showing various cases related to RTI in SAIL, RDCIS,

41

Ranchi

25%

6%

18%

10%

41%

CASES

Appointment & RecruitmentPromotion & Transfer PostingReservationCorporate Social ResponsibilityOthers

INTERPRETATION

During the period of march 2009 to may 2011 the various cases

that came under THE RIGHT TO INFORMATION ACT 2005 can be

categorized under appointments and recruitment which covers 25%

of the total number of cases, the exact number of cases is 13.

Second to this is information asked about Reservation in SAIL.

This numbers to 9 and covers 18% of the total number of cases.

CSR activities can be enumerated as the third frequently asked

information, it covers 10% of the total number of cases is 5.

Information related to promotion and transfer of employees covers

6% of the total cases.

Information in other areas were asked related to UNION , GUEST

42

HOUSE, PATENTS, CONTRACT etc. under the RTI Act which

forms 41% of the total information.

As per mandatory provisions of Section 4(1) of the Act, 17 items

(manuals) have been published by SAIL, RDCIS within one hundred and

twenty days from the enactment of the Act as detailed below :

1) The particulars of SAIL’s organization.

2) The powers and duties of officers and employees.

3) The procedure followed in the decision-making process, including

channels of supervision and accountability.

4) The norms set for the discharge of its functions.

5) The rules, regulations, instructions, manuals and records, held by SAIL

or under its control or used by its employees for discharging its functions.

6) A statement of categories of documents that are held by SAIL or under

its control.

7) The particulars of any arrangement that exists for consultation by the

members of the public in relation to the formulation of its policy or

implementation thereof.

8) A statement of the boards, councils, committees and other bodies

consisting of two or more persons constituted as its part or for the purpose

of its advice, and as to whether meetings of those boards, councils,

committees and other bodies are open to the public, or the minutes of

such meetings are accessible for public.

9) A directory of officers and employees of SAIL.

10) The monthly remuneration received by each of its officers and

employees, including the system of compensation as provided in the

Company regulations.

43

11) The budget allocated to each of its agency, indicating the particulars

of all plans, proposed expenditures and reports on disbursements made.

12) The manner of execution of subsidy programs including the amounts

allocated and the details of beneficiaries of such programs.

13) Particulars of recipients of concessions, permits, authorizations

granted by SAIL.

14) Details in respect of the information available to or held by it, reduced

in an electronic form.

15) The particulars of facilities available to citizens for obtaining

information including the working hours of a library or reading room, if

maintained for public use.

16) The names, designations and other particulars of the Public

Information Officers.

17) Such other information as may be prescribed and thereafter update

these publications every year.

44

CHAPTER-6

6.0 Performance Highlight of RTI

Based upon the various study is conducted by the Govt. an private

agencies about the working of the RTI in order to ascertain the

performance of the RTI Act so far, the contributing Agencies are :-

A) Agencies from whom the nature of information asked for

The Act has proved to be a miracle. The public authority which were

reluctant to provide information earlier have been found to be prompt and

quick in providing information inspite of initial hurdles and setbacks. The

various provisions of the Act are gradually been implemented.

As per the report submitted by a group of NGOs after conduct of a

45

survey of working of RTI during the first year, the major areas and subject

for which the public authorities have been moved to provide information

are related to civic services in an around there residencies. the RTI act

can Stretch to any limit. The area, agencies and the regime of information

asked is limitless subject to the provision of this act.

Generally the agencies from which and the nature of

information asked and the ruling of CIC are:

i) PSU- tours ,travels, promotions , contract, procurement,allotment

of shops and quarters , unfair practices by seniors officers ,

ACRs etc. The major public sectors covered under this are

NTPC, NHPC, Power Grid, OIL companies, Coal India Ltd, IOC,

HPCL etc

ii) Bank- Account number, PAN number, account detail, society

accounts, conditions of loan given, Inpection of bank account of

others which are not allowed as banks are under duty to keep

secrecy , because no bonafide public interest is involved.

iii) Educational Institutions- Answer sheet of applicants own can

be shown and copiis given , about others can be shown but

copies not given , third party protection can also be sought. The

information can be given only to the person affected.

iv) Government- Customs , excise , income tax, HRD ministry,

AIIMS, Depart of agriculture and co-operative , Department of

legal affairs, ministry of home affairs CVC etc.

v) Police- Annual property returns of pulice officials are keep

46

secret.

vi) Judiciary

vii) CIC

viii) Health department

ix) Election commission

6.1 OBSTACLES TO RTI

Beside many other, the initial hurdles faced by the citizen while seeking

information from the public authority, the legal ones are:-

1. Right to information Act 2005- Section 22- Over ridind effect over

the inconsistent legislature or the rule and the freedom of

Information Act 2003. But still some bureaucrats take its shelter to

avoid giving information.

2. Official secrets act, 1923- several provisions prohibiting the flow of

information. Not only it discourages flows of the information but has

provisions to punish for disclosure of certain type of information.

3. Indian evidence Act, 1872-section 123 and 124-mrestriction to give

evidence. Section 123 which deals with the evidence, prohibited to

give any evidence from unpunishable official records. While Section

124states that no public officers will be compelled to disclose

communication made to him in official confidence when he feels that

the public interest would harm the disclosure.

47

4. CCS 1964 conduct rules- section 9 of all India Services (conduct)

Rules 1968- restriction on giving evidence. With the amendment to

CCS Conduct Rules, the officer now can communicate information

in accordance with the RTI 2005 since amended.

5. Tentative draft RTI amended2006- files noting exemption( amended)

6. CIC (Management) regulations, 2007- Burdens on appellants.

Lame excuses by the Public Authority for refusal/ delay of

information

In order to avoid providing information initially, the excuses given by the

public authority/PIO’s were:-

1. PIO not being aware of provision of the RTI/ pretext on fee.

2. As PIO is only to be penalized, others do not cooperate to provide

information. With the information of rules, deemed PIO is also liable

for penalty.

3. General attitude of refusal as it involves efforts and patience

4. Wait for outcomes of appeal.

5. Quote their own rule that do not permit the disclosure

6. Refusal on the pretext “not in the larger interest of public”

7. Quoting some earlier judgment of CIC/Court through actually is not

relevant to this case.

8. General apathy to provide information in initial attempt to escape as

far as possible.

48

49

CHAPTER-7

7.0 MAJOR FINDINGS AND CONCLUSIONS OF THE STUDY

Our study on Right to Information Act, 2005 reveals that the Act is being

carried out seriously and in true spirit of its implementation. All/most of the

employees are aware of the Right To Information act being implemented

in RDCIS from October 2005. All the application received so far have

been replied within the stipulated time frame and not of the applicants

have challenged. There is proper transparency maintained in the working

and excellent record maintenance of SAIL. Although after the

implementation of Right To Information ACT and upto now RTI ACT is

50

growing successfully. People now becoming aware of the act and in many

cases people are using Right To Information Act in different issues such

as recently 9 yr child use Right To Information Act and filed the

application to the government for his father who disappear 1 yr before and

because of this his mother was imbued badly by the policemen and other

people. Right To Information I ACT help the child and his mother in their

information. We also come to know that Right To Information act is now

implemented in psu but this act is not extended to state J&K and private

sector as our PIO, MR.K.R. THAKUR give some cases for further

acknowledgement such cases as recruitment ,selection ,promotion, csr,

reservation and other issues.

Conclusion case 1 – recruitment of postman – according to this case

postman was not satisfied with his rejection of his case and he filed his

application to above appellate for further reference and proved to be right

and got a compensation of Rs5000. In the same way lots of issues in

companies related to compensation .remuneration, CSR, reservation and

many other issues were covered under RTI Act which is related to public

matters. Citizens of India who want any information in the interest of public

can file an application to authority and seek information regarding their

subject matters . Recently Lok Pal bill which was in lime light was also

comes under and is some where related to Right To Information Act, the

flaring e.g. of a move against corruption.

Our conclusion is that the Right To Information Act 2005 is a very new and

amazing concept but unfortunately lacking public awareness. If the

citizens of India including all the PSU sector specifically become aware of

the Right To Information Act then they can seek the desired information

51

and can save themselves from being cheated on the grounds of lack of

information. This can also exempt corruption and control corruption to

large extent. this can also build a good reputation of the PSU’s

.

7.1 SUGGESTIONS:

1) RTI is a new Act, which is not known by much of the citizens. So

government should conduct awareness programme in maas, so that most

of the people and especially living in rural areas become aware of it.

2) Government should form agencies which would look for reducing the

scope of this Act. This would reduce corruption and more transparency

float across the department.

BIBLIOGRAPHY

“EVERY GOOD WORK REQUIRES GUIDANCE OF SOME EXPERTS.”

This project is a result of hardwork and sincere effort of the group

members in addition to which are the following sources:-

WEBSITES REFFERED:-

52

1.www.sail.co.in

2.www.steelindia.com

3.www.google.com

4.www.wikipedia.com

BOOKS REFFERED:-

1.A practical handbook on RIGHT TO INFORMATION ACT 2005

2.Bare act of RIGHT TO INFORMATION ACT 2005

3.EXECUTIVE DIARY OF SAIL, RDCIS

ANNEXTURE-1

CHAPTER I

Preliminary Short title, extent and commencement.

1. (1) This Act may be called the Right to Information Act, 2005.

(2) It extends to the whole of India except the State of Jammu and

Kashmir.

53

(3) The provisions of sub-section (1) of section 4, sub-sections (1) and (2)

of section 5, sections 12, 13, 15,16, 24, 27 and 28 shall come into force at

once, and the remaining provisions of this Act shall come into force on the

one hundred and twentieth day of its enactment.

Definitions.

2. In this Act, unless the context otherwise requires,—

(a) "Appropriate Government" means in relation to a public authority which

is established, constituted, owned, controlled or substantially financed by

funds provided directly or indirectly—

(i) by the Central Government or the Union territory administration, the

Central Government;

(ii) by the State Government, the State Government;

(b) "Central Information Commission" means the Central Information

Commission constituted under sub-section (1) of section 12;

(c) "Central Public Information Officer" means the Central Public

Information Officer designated under sub-section (1) and includes a

Central Assistant Public Information Officer designated as such under

sub-section (2) of section 5;

(d) "Chief Information Commissioner" and "Information Commissioner"

mean the Chief Information Commissioner and Information Commissioner

appointed under sub-section (3) of section 12;

(e) "Competent authority" means—

(i) the Speaker in the case of the House of the People or the Legislative

54

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;

(ii) The Chief Justice of India in the case of the Supreme Court;

(iii) The Chief Justice of the High Court in the case of a High Court;

(iv) The President or the Governor, as the case may be, in the case of

other authorities established or constituted by or under the Constitution;

(v) the administrator appointed under article 239 of the Constitution;

(f) "information" means any material in any form, including records,

documents, memos, e-mails, opinions, advices, press releases, circulars,

orders, logbooks, contracts, reports, papers, samples, models, data

material held in any electronic form SEC.1 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;

(g) "Prescribed" means prescribed by rules made under this Act by the

appropriate Government or the competent authority, as the case may be;

(h) "Public authority" means any authority or body or institution of self-

government established or constituted—

(a) by or under the Constitution;

(b) by any other law made by Parliament;

(c) by any other law made by State Legislature;

(d) by notification issued or order made by the appropriate Government,

55

and includes any—

(i) body owned, controlled or substantially financed;

(ii) Non-Government organisation substantially financed, directly or

indirectly by funds provided by the appropriate Government;

(i) "Record" includes—

(a) any document, manuscript and file;

(b) any microfilm, microfiche and facsimile copy of a document;

(c) any reproduction of image or images embodied in such microfilm

(whether enlarged or not); and

(d) any other material produced by a computer or any other device;

(j) "Right to information" means the right to information accessible under

this Act which is held by or under the control of any public authority and

includes the right to—

(i) inspection of work, documents, records;

(ii) taking notes, extracts or certified copies of documents or records;

(iii) Taking certified samples of material;

(iv) 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;

(k) "State Information Commission" means the State Information

Commission constituted under sub-section (1) of section 15;

56

(l) "State Chief Information Commissioner" and "State Information

Commissioner" mean the State Chief Information Commissioner and the

State Information Commissioner appointed under sub-section (3) of

section 15;

(m) "State Public Information Officer" means the State Public

Information Officer designated under sub-section (1) and includes a State

Assistant Public Information Officer designated as such under sub-section

(2) of section 5;

(n) "Third party" means a person other than the citizen making a request

for information and includes a public authority.

CHAPTER II

Right to information and obligations of public authorities

3. Subject to the provisions of this Act, all citizens shall have the right to

information. Right to Information

4. (1) Every public authority shall—

a) maintain all its records duly catalogued and indexed in a manner and

the form which facilitates the right to information under this Act and ensure

that all records that are appropriate to be computerised are, within a

reasonable time and subject to availability of resources, computerised and

connected through a network all over the country on different systems so

that access to such records is facilitated;

b) publish within one hundred and twenty days from the enactment of this

Act,—

57

(i) the par ticulars of its organisation, functions and duties;

(ii) the powers and duties of its officers and employees;

(iii) the procedure followed in the decision making process, including

channels of supervision and accountability;

(iv) the norms set by it for the discharge of its functions;

(v) the rules, regulations, instructions, manuals and records, held by it or

under its control or used by its employees for discharging its functions;

(vi) a statement of the categories of documents that are held by it or

under its control;

(vii) the particulars 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;

(viii) a statement of the boards, councils, committees and other bodies

consisting of two or more persons constituted as its part or for the purpose

of its advice, and as to whether meetings of those boards, councils,

committees and other bodies are open to the public, or the minutes of

such meetings are accessible for public;

(ix) a directory of its officers and employees;

(x) the monthly remuneration received by each of its officers and

employees, including the system of compensation as provided in its

regulations;

(xi) the budget allocated to each of its agency, indicating the particulars of

all plans, proposed expenditures and reports on disbursements made;

58

(xii) the manner of execution of subsidy programmes, including the

amounts allocated and the details of beneficiaries of such programmes;

(xiii) particulars of recipients of concessions, permits or authorisations

granted by it;

(xiv) details in respect of the information, available to or held by it,

reduced in an electronic form;

(xv) the particulars of facilities available to citizens for obtaining

information, including the working hours of a library or reading room, if

maintained for public use;

(xvi) the names, designations and other particulars of the Public

Information Officers;

(xvii) such other information as may be prescribed; and thereafter update

these publications every year;

c) publish all relevant facts while formulating important policies or

announcing the decisions which affect public;

d) provide reasons for its administrative or quasi-judicial SEC.1

decisions to affected persons.

(2) It shall be a constant endeavour of every public authority to take steps

in accordance with the requirements of clause (b) of sub-section (1) to

provide as much information suo motu to the public at regular intervals

through various means of communications, including internet, so that the

public have minimum resort to the use of this Act to obtain information.

(3) For the purposes of sub-section (1), every information shall be

59

disseminated widely and in such form and manner which is easily

accessible to the public.

(4) All materials 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 with the Central

Public Information Officer or State Public Information Officer, as the case

may be, available free or at such cost of the medium or the print cost price

as may be prescribed.

Explanation.—For the purposes of sub-sections (3) and (4),

"disseminated" means making known or communicated the information to

the public through notice boards, newspapers, public announcements,

media broadcasts, the internet or any other means, including inspection of

offices of any public authority.

5. (1) Every public authority shall, within one hundred days of the

enactment of this Act, designate as many officers as the Central Public

Information Officers or State Public Information Officers, as the case may

be, in all administrative units or offices under it as may be necessary to

provide information to persons requesting for the information under this

Act.

(2) Without prejudice to the provisions of sub-section (1), every public

authority shall designate an officer, within one hundred days of the

enactment of this Act, at each sub-divisional level or other sub-district

level as a Central Assistant Public Information Officer or a State Assistant

Public Information Officer, as the case may be, to receive the applications

60

for information or appeals under this Act for forwarding the same forthwith

to the Central Public Information Officer or the State Public Information

Officer or senior officer specified under sub-section (1) of section 19 or the

Central Information Commission or the State Information Commission, as

the case may be:

Provided that where an application for information or appeal is given to a

Central Assistant Public Information Officer or a State Assistant Public

Information Officer, as the case may be, a period of five days shall be

added in computing the period for response specified under sub-section

(1) of section 7.

(3) Every Central Public Information Officer or State Public Information

Officer, as the case may be, shall deal with requests from persons

seeking information and render reasonable assistance to the persons

seeking such information.

(4) The Central Public Information Officer or State Public Information

Officer, as the case may be, may seek the assistance of any other officer

as he or she considers it necessary for the proper discharge of his or her

duties.

(5) Any officer, whose assistance has been sought under sub-section (4),

shall render all assistance to the Central Public Information Officer or

State Public Information Officer, as the case may be, seeking his or her

assistance and for the purposes of any contravention of the provisions of

this Act, such other officer shall be treated as a Central Public Information

Officer or State Public Information Officer, as the case may be.

Designation of Public Information Officers. 6

61

6. (1) A person, who desires to obtain any information under this Act, shall

make a request in writing or through electronic means in English or Hindi

or in the official language of the area in which the application is being

made, accompanying such fee as may be prescribed, to—

(a) the Central Public Information Officer or State Public Information

Officer, as the case may be, of the concerned public authority;

(b) the Central Assistant Public Information Officer or State Assistant

Public Information Officer, as the case may be, specifying the particulars

of the information sought by him or her:

Provided that where such request cannot be made in writing, the Central

Public Information Officer or State Public Information Officer, as the case

may be, shall render all reasonable assistance to the person making the

request orally to reduce the same in writing.

(2) An applicant making request for information shall not be required to

give any reason for requesting the information or any other personal

details except those that may be necessary for contacting him.

(3) Where an application is made to a public authority requesting for an

information,—

(i) which is held by another public authority; or

(ii) the subject matter of which is more closely connected with the

functions of another public authority, the public authority, to which such

application is made, shall transfer the application

or such part of it as may be appropriate to that other public authority and

62

inform the applicant immediately about such transfer:

Provided that the transfer of an application pursuant to this sub-section

shall be made as soon as practicable but in no case later than five days

from the date of receipt of the application.

Request for obtaining information.

Disposal of request.

7. (1) Subject to the proviso to sub-section (2) of section 5 or the proviso

to subsection (3) of section 6, the Central Public Information Officer or

State Public Information Officer, as the case may be, on receipt of a

request undersection 6 shall, as expeditiously as possible, and in any

case within thirty days of the receipt of the request, either provide the

information on payment of such fee as may be prescribed or reject the

request for any of the reasons specified in sections 8 and 9:

Provided that where the information sought for concerns the life or liberty

of a person, the same shall be provided within forty-eight hours of the

receipt of the request.

(2) If the Central Public Information Officer or State Public Information

Officer, as the case may be, fails to give decision on the request for

information within the period specified under sub-section (1), the Central

Public Information Officer or State Public Information Officer, as the case

may be, shall be deemed to have refused the request.

(3) Where a decision is taken to provide the information on payment of

any further fee representing the cost of providing the information, the

Central Public Information Officer or State Public Information Officer, as

63

the case may be, shall send an intimation to the person making the

request, giving—

(a) the details of further fees representing the cost of providing the

information as determined by him, together with the calculations made

SEC.1 arrive at the amount in accordance with fee prescribed under

subsection (1), requesting him to deposit that fees, and the period

intervening between the dispatch of the said intimation and payment of

fees shall be excluded for the purpose of calculating the period of thirty

days referred to in that sub-section;

(b) information concerning his or her right with respect to review the

decision as to the amount of fees charged or the form of access provided,

including the particulars of the appellate authority, time limit, process and

any other forms.

(4) Where access to the record or a part thereof is required to be provided

under this Act and the person to whom access is to be provided is

sensorily disabled, the Central Public Information Officer or State Public

Information Officer, as the case may be, shall provide assistance to

enable access to the information, including providing such assistance as

may be appropriate for the inspection.

(5) Where access to information is to be provided in the printed or in any

electronic format, the applicant shall, subject to the provisions of sub-

section (6), pay such fee as may be prescribed:

Provided that the fee prescribed under sub-section (1) of section 6 and

sub-sections (1) and (5) of section 7 shall be reasonable and no such fee

shall be charged from the persons who are of below poverty line as may

64

be determined by the appropriate Government.

(6) Notwithstanding anything contained in sub-section (5), the person

making request for the information shall be provided the information free

of charge where a public authority fails to comply with the time limits

specified in sub-section (1).

(7) Before taking any decision under sub-section (1), the Central Public

Information Officer or State Public Information Officer, as the case may

be, shall take into consideration the representation made by a third party

under section 11.

(8) Where a request has been rejected under sub-section (1), the Central

Public Information Officer or State Public Information Officer, as the case

may be, shall communicate to the person making the request,—

(i) the reasons for such rejection;

(ii) the period within which an appeal against such rejection may be

preferred; and

(iii) the particulars of the appellate authority.

(9) An information shall ordinarily be provided in the form in which it is

sought unless it would disproportionately divert the resources of the public

authority or would be detrimental to the safety or preservation of the

record in question.

8. (1) Notwithstanding anything contained in this Act, there shall be no

obligation to give any citizen,—

(a) information, disclosure of which would prejudicially affect the

65

sovereignty and integrity of India, the security, strategic, scientific or

economic interests of the State, relation with foreign State or lead to

incitement of an offence;

(b) 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;

Exemption from disclosure of information.8

(c) information, the disclosure of which would cause a breach of privilege

of Parliament or the State Legislature;

(d) information including commercial confidence, trade secrets or

intellectual property, the disclosure of which would harm the competitive

position of a third party, unless the competent authority is satisfied that

larger public interest warrants the disclosure of such information;

(e) 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;

(f) information received in confidence from foreign Government;

(g) information, the disclosure of which would endanger the life or physical

safety of any person or identify the source of information or assistance

given in confidence for law enforcement or security purposes;

(h) information which would impede the process of investigation or

apprehension or prosecution of offenders;

(i) cabinet papers including records of deliberations of the Council of

66

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;

(j) 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 cannot be denied to the Parliament or

a State Legislature shall not be denied to any person. 19 of 1923.

(2) Notwithstanding anything in the Official Secrets Act, 1923 nor any of

the exemptions permissible in accordance with sub-section (1), a public

authority may allow access to information, if public interest in disclosure

outweighs the harm to the protected interests.

(3) Subject to the provisions of clauses (a), (c) and (i) of sub-section (1),

any information relating to any occurrence, event or matter which has

taken place, occurred or happened twenty years before the date on which

any request is made under section 6 shall be provided to any person

making a request under that section:

67

Provided that where any question arises as to the date from which the

said period of twenty years has to be computed, the decision of the

Central Government shall be final, subject to the usual appeals provided

for in this Act. SEC.1

Grounds for rejection to access in certain cases.

9. Without prejudice to the provisions of section 8, a 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. Severability 10. (1) Where a request for

access to information is rejected on the ground that it is in relation to

information which is exempt from disclosure, then, notwithstanding

anything contained in this Act, access may be provided to that part of the

record which does not contain any information which is exempt from

disclosure under this Act and which can reasonably be severed from any

part that contains exempt information.

(2) Where access is granted to a part of the record under sub-section (1),

the Central Public Information Officer or State Public Information Officer,

as the case may be, shall give a notice to the applicant, informing—

(a) that only part of the record requested, after severance of the record

containing information which is exempt from disclosure, is being provided;

(b) the reasons for the decision, including any findings on any material

question of fact, referring to the material on which those findings were

based;

68

(c) the name and designation of the person giving the decision;

(d) the details of the fees calculated by him or her and the amount of fee

which the applicant is required to deposit; and

(e) his or her rights with respect to review of the decision regarding non-

disclosure of part of the information, the amount of fee charged or the

form of access provided, including the particulars of the senior officer

specified under sub-section (1) of section 19 or the Central Information

Commission or the State Information Commission, as the case may be,

time limit, process and any other form of access.

Third party information.

11. (1) Where a Central Public Information Officer or a State Public

Information Officer, as the case may be, intends to disclose any

information or record, or part thereof on a request made under this Act,

which relates to or has been supplied by a third party and has been

treated as confidential by that third party, the Central Public Information

Officer or State Public Information Officer, as the case may be, shall,

within five days from the receipt of the request, give a written notice to

such third party of the request and of the fact that the Central Public

Information Officer or State Public Information Officer, as the case may

be, intends to disclose the information or record, or part thereof, and invite

the third party to make a submission in writing or orally, regarding whether

the information should be disclosed, and such submission of the third

party shall be kept in view while taking a decision about disclosure of

information:

Provided that except in the case of trade or commercial secrets protected

69

by law, disclosure may be allowed if the public interest in disclosure

outweighs in importance any possible harm or injury to the interests of

such third party.

(2) Where a notice is served by the Central Public Information Officer or

State Public Information Officer, as the case may be, under sub-section

(1) to a third party in respect of any information or record or part thereof,

the third party shall, within ten days from the date of receipt of such

notice, be given the opportunity to make representation against the

proposed disclosure.

(3) Notwithstanding anything contained in section 7, the Central Public

Information Officer or State Public Information Officer, as the case may

be, shall, within forty days after receipt of the request under section 6, if

the third party has been given an opportunity to make representation

under sub-section (2), make a decision as to whether or not to disclose

the information or record or part thereof and give in 10 writing the notice

of his decision to the third party.

(4) A notice given under sub-section (3) shall include a statement that the

third party to whom the notice is given is entitled to prefer an appeal under

section 19 against the decision.

CHAPTER III

The Central Information Commission

12. (1) The Central Government shall, by notification in the Official

Gazette, constitute a body to be known as the Central Information

70

Commission to exercise the powers conferred on, and to perform the

functions assigned to, it under this Act.

(2) The Central Information Commission shall consist of—

(a) the Chief Information Commissioner; and

(b) such number of Central Information Commissioners, not exceeding

ten, as may be deemed necessary.

(3) The Chief Information Commissioner and Information Commissioners

shall be appointed by the President on the recommendation of a

committee consisting of—

(i) the Prime Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the Lok Sabha; and

(iii) a Union Cabinet Minister to be nominated by the Prime Minister.

Explanation.—For the purposes of removal of doubts, it is hereby

declared that where the Leader of Opposition in the House of the People

has not been recognised as such, the Leader of the single largest group in

opposition of the Government in the House of the People shall be deemed

to be the Leader of Opposition.

(4) The general superintendence, direction and management of the affairs

of the Central Information Commission shall vest in the Chief Information

Commissioner who shall be assisted by the Information Commissioners

and may exercise all such powers and do all such acts and things which

may be exercised or done by the Central Information Commission

autonomously without being subjected to directions by any other authority

71

under this Act.

(5) The Chief Information Commissioner and Information Commissioners

shall be persons of eminence in public life with wide knowledge and

experience in law, science and technology, social service, management,

journalism, mass media or administration and governance.

(6) The Chief Information Commissioner or an Information Commissioner

shall not be a Member of Parliament or Member of the Legislature of any

State or Union territory, as the case may be, or hold any other office of

profit or connected with any political party or carrying on any business or

pursuing any profession.

(7) The headquarters of the Central Information Commission shall be at

Delhi and the Central Information Commission may, with the previous

approval of the Central Government, establish offices at other places in

India.

Constitution of Central Information Commission. SEC.1

13. (1) The Chief Information Commissioner shall hold office for a term of

five years from the date on which he enters upon his office and shall not

be eligible for reappointment:

Provided that no Chief Information Commissioner shall hold office as such

after he has attained the age of sixty-five years.

(2) Every Information Commissioner shall hold office for a term of five

years from the date on which he enters upon his office or till he attains the

age of sixty-five years, whichever is earlier, and shall not be eligible for

reappointment as such Information Commissioner:

72

Provided that every Information Commissioner shall, on vacating his office

under this sub-section be eligible for appointment as the Chief Information

Commissioner in the manner specified in sub-section (3) of section 12:

Provided further that where the Information Commissioner is appointed as

the Chief Information Commissioner, his term of office shall not be more

than five years in aggregate as the Information Commissioner and the

Chief Information Commissioner.

(3) The Chief Information Commissioner or an Information Commissioner

shall before he enters upon his office make and subscribe before the

President or some other person appointed by him in that behalf, an oath

or affirmation according to the form set out for the purpose in the First

Schedule.

(4) The Chief Information Commissioner or an Information Commissioner

may, at any time, by writing under his hand addressed to the President,

resign from his office:

Provided that the Chief Information Commissioner or an Information

Commissioner may be removed in the manner specified under section 14.

(5) The salaries and allowances payable to and other terms and

conditions of service of—

(a) the Chief Information Commissioner shall be the same as that of the

Chief Election Commissioner;

(b) an Information Commissioner shall be the same as that of an Election

Commissioner:

73

Provided that if the Chief Information Commissioner or an Information

Commissioner, at the time of his appointment is, in receipt of a pension,

other than a disability or wound pension, in respect of any previous

service under the Government of India or under the Government of a

State, his salary in respect of the service as the Chief Information

Commissioner or an Information Commissioner shall be reduced by the

amount of that pension including any portion of pension which was

commuted and pension equivalent of other forms of retirement benefits

excluding pension equivalent of retirement

gratuity:

Provided further that if the Chief Information Commissioner or an

Information Commissioner if, at the time of his appointment is, in receipt of

retirement benefits in respect of any previous service rendered in a

Corporation established by or under any Central Act or State Act or a

Government company owned or controlled by the Central Government or

the State Government, his salary in respect of the service as the Chief

Information Commissioner or an Information Commissioner shall be

reduced by the amount of pension equivalent to the retirement benefits:

Provided also that the salaries, allowances and other conditions of service

of the Chief

Information Commissioner and the Information Commissioners shall not

be varied to their

Term of office and conditions of service. 12 disadvantage after their

appointment.

74

(6) The Central Government shall provide the Chief Information

Commissioner and the Information Commissioners with such officers and

employees as may be necessary for the efficient performance of their

functions under this Act, and the salaries and allowances payable to and

the terms and conditions of service of the officers and other employees

appointed for the purpose of this Act shall be such as may be prescribed.

14. (1) Subject to the provisions of sub-section (3), the Chief Information

Commissioner or any Information Commissioner shall be removed from

his office only by order of the President on the ground of proved

misbehavior or incapacity after the Supreme Court, on a reference made

to it by the President, has, on inquiry, reported that the Chief Information

Commissioner or any Information Commissioner, as the case may be,

ought on such ground be removed.

(2) The President may suspend from office, and if deem necessary

prohibit also from attending the office during inquiry, the Chief Information

Commissioner or Information Commissioner in respect of whom a

reference has been made to the Supreme Court under sub-section (1)

until the President has passed orders on receipt of the report of the

Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the President

may by order remove from office the Chief Information Commissioner or

any Information Commissioner if the Chief Information Commissioner or a

Information Commissioner, as the case may be,—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the

75

President, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the

duties of his office; or

(d) is, in the opinion of the President, unfit to continue in office by reason

of infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect

prejudicially his functions as the Chief Information Commissioner or a

Information Commissioner.

(4) If the Chief Information Commissioner or a Information Commissioner

in any way, concerned or interested in any contract or agreement made by

or on behalf of the Government of India or participates in any way in the

profit thereof or in any benefit or emolument arising therefrom otherwise

than as a member and in common with the other members of an

incorporated company, he shall, for the purposes of sub-section

(1), be deemed to be guilty of misbehavior.

Removal of Chief Information Commissioner or Information

Commissioner.

CHAPTER IV

The State Information Commission

15. (1) Every State Government shall, by notification in the Official

Gazette, constitute a body to be known as the ......... (name of the State)

Information Commission to exercise the powers conferred on, and to

76

perform the functions assigned to, it under this Act.

(2) The State Information Commission shall consist of—

(a) the State Chief Information Commissioner, and

(b) such number of State Information Commissioners, not exceeding ten,

as may be deemed necessary.

Constitution of State Information Commission. SEC.1

(3) The State Chief Information Commissioner and the State Information

Commissioners shall be appointed by the Governor on the

recommendation of a committee consisting of—

(i) the Chief Minister, who shall be the Chairperson of the committee;

(ii) the Leader of Opposition in the Legislative Assembly; and

(iii) a Cabinet Minister to be nominated by the Chief Minister

Explanation.—For the purposes of removal of doubts, it is hereby

declared that where the Leader of Opposition in the Legislative Assembly

has not been recognised as such, the Leader of the single largest group in

opposition of the Government in the Legislative

Assembly shall be deemed to be the Leader of Opposition.

(4) The general superintendence, direction and management of the affairs

of the State Information Commission shall vest in the State Chief

Information Commissioner who shall be assisted by the State Information

Commissioners and may exercise all such powers and do all such acts

and things which may be exercised or done by the State Information

77

Commission autonomously without being subjected to directions by any

other authority under this Act.

(5) The State Chief Information Commissioner and the State Information

Commissioners shall be persons of eminence in public life with wide

knowledge and experience in law, science and technology, social service,

management, journalism, mass media or administration and governance.

(6) The State Chief Information Commissioner or a State Information

Commissioner shall not be a Member of Parliament or Member of the

Legislature of any State or Union territory, as the case may be, or hold

any other office of profit or connected with any political party or carrying

on any business or pursuing any profession.

(7) The headquarters of the State Information Commission shall be at

such place in the State as the State Government may, by notification in

the Official Gazette, specify and the State Information Commission may,

with the previous approval of the State Government, establish offices at

other places in the State.

Term of office and conditions of service.

16. (1) The State Chief Information Commissioner shall hold office for a

term of five from the date on which he enters upon his office and shall not

be eligible for reappointment:

Provided that no State Chief Information Commissioner shall hold office

as such after he has attained the age of sixty-five years.

(2) Every State Information Commissioner shall hold office for a term of

five years from the date on which he enters upon his office or till he attains

78

the age of sixty-five years, whichever is earlier, and shall not be eligible for

reappointment as such State Information Commissioner:

Provided that every State Information Commissioner shall, on vacating his

office under this sub-section, be eligible for appointment as the State

Chief Information Commissioner in the manner specified in sub-section (3)

of section 15:

Provided further that where the State Information Commissioner is

appointed as the State Chief Information Commissioner, his term of office

shall not be more than five years in aggregate as the State Information

Commissioner and the State Chief Information Commissioner.

(3) The State Chief Information Commissioner or a State Information

Commissioner, 14 shall before he enters upon his

office make and subscribe before the Governor or some other person

appointed by him in that behalf, an oath or affirmation according to the

form set out for the purpose in the First Schedule.

(4) The State Chief Information Commissioner or a State Information

Commissioner may, at any time, by writing under his hand addressed to

the Governor, resign from his office:

Provided that the State Chief Information Commissioner or a State

Information Commissioner may be removed in the manner specified under

section 17.

(5) The salaries and allowances payable to and other terms and

conditions of service of—

(a) the State Chief Information Commissioner shall be the same as that of

79

an Election Commissioner;

(b) the State Information Commissioner shall be the same as that of the

Chief Secretary to the State Government:

Provided that if the State Chief Information Commissioner or a State

Information Commissioner, at the time of his appointment is, in receipt of a

pension, other than a disability or wound pension, in respect of any

previous service under the Government of India or under the Government

of a State, his salary in respect of the service as the State Chief

Information Commissioner or a State Information Commissioner shall be

reduced by the amount of that pension including any portion of pension

which was commuted and pension equivalent of other forms of retirement

benefits excluding pension equivalent of retirement gratuity:

Provided further that where the State Chief Information Commissioner or a

State Information Commissioner if, at the time of his appointment is, in

receipt of retirement benefits in respect of any previous service rendered

in a Corporation established by or under any Central Act or State Act or a

Government company owned or controlled by the Central Government or

the State Government, his salary in respect of the service as the State

Chief Information Commissioner or the State Information Commissioner

shall be reduced by the amount of pension equivalent to the retirement

benefits:

Provided also that the salaries, allowances and other conditions of service

of the State Chief Information Commissioner and the State Information

Commissioners shall not be varied to their disadvantage after their

appointment.

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(6) The State Government shall provide the State Chief Information

Commissioner and the State Information Commissioners with such

officers and employees as may be necessary for the efficient performance

of their functions under this Act, and the salaries and allowances payable

to and the terms and conditions of service of the officers and other

employees appointed for the purpose of this Act shall be such as may be

prescribed.

17. (1) Subject to the provisions of sub-section (3), the State Chief

Information Commissioner or a State Information Commissioner shall be

removed from his office only by order of the Governor on the ground of

proved misbehavior or incapacity after the Supreme Court, on a reference

made to it by the Governor, has on inquiry, reported that the State Chief

Information Commissioner or a State Information Commissioner, as the

case may be, ought on such ground be removed.

(2) The Governor may suspend from office, and if deem necessary

prohibit also from attending the office during inquiry, the State Chief

Information Commissioner or a State Information Commissioner in respect

of whom a reference has been made to the Supreme Court under sub-

section (1) until the Governor has passed orders on receipt of the report of

Removal of State Chief Information Commissioner or State Information

Commissioner SEC.1 the Supreme Court on such reference.

(3) Notwithstanding anything contained in sub-section (1), the Governor

may by order remove from office the State Chief Information

Commissioner or a State Information Commissioner if a State Chief

Information Commissioner or a State Information Commissioner, as the

81

case may be,—

(a) is adjudged an insolvent; or

(b) has been convicted of an offence which, in the opinion of the

Governor, involves moral turpitude; or

(c) engages during his term of office in any paid employment outside the

duties of his office; or

(d) is, in the opinion of the Governor, unfit to continue in office by reason

of infirmity of mind or body; or

(e) has acquired such financial or other interest as is likely to affect

prejudicially his functions as the State Chief Information Commissioner or

a State Information Commissioner.

(4) If the State Chief Information Commissioner or a State Information

Commissioner in any way, concerned or interested in any contract or

agreement made by or on behalf of the Government of the State or

participates in any way in the profit thereof or in any benefit or

emoluments arising therefrom otherwise than as a member and in

common with the other members of an incorporated company, he shall,

for the purposes of sub-section (1), be deemed to be guilty of

misbehavior.

CHAPTER V

Powers and functions of the Information Commissions, appeal and

82

penalties

18. (1) Subject to the provisions of this Act, it shall be the duty of the

Central Information Commission or State Information Commission, as the

case may be, to receive and inquire into a complaint from any person,—

(a) who has been unable to submit a request to a Central Public

Information Officer or State Public Information Officer, as the case may

be, either by reason that no such officer has been appointed under this

Act, or because the Central Assistant Public Information Officer or State

Assistant Public Information Officer, as the case may be, has refused to

accept his or her application for information or appeal under this Act for

forwarding the same to the Central Public Information Officer or State

Public Information Officer or senior officer specified in subsection (1) of

section 19 or the Central Information Commission or the State Information

Commission, as the case may be;

(b) who has been refused access to any information requested under this

Act;

(c) who has not been given a response to a request for information or

access to information within the time limit specified under this Act;

(d) who has been required to pay an amount of fee which he or she

considers unreasonable; (e) who believes that he or she has been given

incomplete, misleading or false information under this Act; and

(f) in respect of any other matter relating to requesting or obtaining

access to records under this Act.

(2) Where the Central Information Commission or State Information

83

Commission, as the case may be, is satisfied that there are reasonable

grounds to inquire into the matter, it may initiate an inquiry in respect

thereof. 16(3) The Central Information Commission or State Information

Commission, as the case may be, shall, while inquiring into any matter

under this section, have the same powers as are vested in a civil court

while trying a suit under the Code of Civil Procedure, 1908, in respect of

the following matters, namely:— 5 of 1908

(a) summoning and enforcing the attendance of persons and compel

them to give oral or written evidence on oath and to produce the

documents or things;

(b) requiring the discovery and inspection of documents;

(c) receiving evidence on affidavit;

(d) requisitioning any public record or copies thereof from any court or

office;

(e) issuing summons for examination of witnesses or documents; and

(f) any other matter which may be prescribed.

(4) Notwithstanding anything inconsistent contained in any other Act of

Parliament or State Legislature, as the case may be, the Central

Information Commission or the State Information Commission, as the

case may be, may, during the inquiry of any complaint under this Act,

examine any record to which this Act applies which is under the control of

the public authority, and no such record may be withheld from it on any

grounds.

84

Appeal.

19.(1) Any person who, does not receive a decision within the time

specified in subsection (1) or clause (a) of sub-section (3) of section 7, or

is aggrieved by a decision of the Central Public Information Officer or

State Public Information Officer, as the case may be, may within thirty

days from the expiry of such period or from the receipt of such a decision

prefer an appeal to such officer who is senior in rank to the Central Public

Information Officer or State Public Information Officer as the case may be,

in each public authority:

Provided that such officer may admit the appeal after the expiry of the

period of thirty days if he or she is satisfied that the appellant was

prevented by sufficient cause from filing the appeal in time.

(2) Where an appeal is preferred against an order made by a Central

Public Information Officer or a State Public Information Officer, as the

case may be, under section 11 to disclose third party information, the

appeal by the concerned third party shall be made within thirty days from

the date of the order.

(3) A second appeal against the decision under sub-section (1) shall lie

within ninety days from the date on which the decision should have been

made or was actually received, with the Central Information Commission

or the State Information Commission:

Provided that the Central Information Commission or the State Information

Commission, as the case may be, may admit the appeal after the expiry of

the period of ninety days if it is satisfied that the appellant was prevented

85

by sufficient cause from filing the appeal in time.

(4) If the decision of the Central Public Information Officer or State Public

Information Officer, as the case may be, against which an appeal is

preferred relates to information of a third party, the Central Information

Commission or State Information Commission, as the case may be, shall

give a reasonable opportunity of being heard to that third party.

(5) In any appeal proceedings, the onus to prove that a denial of a request

was justified shall be on the Central Public Information Officer or State

Public Information Officer, as the case may be, who denied the request.

(6) An appeal under sub-section (1) or sub-section (2) shall be disposed of

within thirty days of the receipt of the appeal or within such extended

period not exceeding a total of forty-five days from the date of filing

thereof, as the case may be, for reasons to be SEC.1 recorded in writing.

(7) The decision of the Central Information Commission or State

Information Commission, as the case may be, shall be binding.

(8) In its decision, the Central Information Commission or State

Information Commission, as the case may be, has the power to—

(a) require the public authority to take any such steps as may be

necessary to secure compliance with the provisions of this Act, including

—

(i) by providing access to information, if so requested, in a particular form;

(ii) by appointing a Central Public Information Officer or State Public

Information Officer, as the case may be;

86

(iii) by publishing certain information or categories of information;

(iv) by making necessary changes to its practices in relation to the

maintenance, management and destruction of records;

(v) by enhancing the provision of training on the right to information for its

officials;

(vi) by providing it with an annual report in compliance with clause (b) of

subsection (1) of section 4;

(b) require the public authority to compensate the complainant for any loss

or other detriment suffered;

(c) impose any of the penalties provided under this Act;

(d) reject the application.

(9) The Central Information Commission or State Information Commission,

as the case may be, shall give notice of its decision, including any right of

appeal, to the complainant and the public authority.

(10) The Central Information Commission or State Information

Commission, as the case may be, shall decide the appeal in accordance

with such procedure as may be prescribed.

Penalties

20.(1) Where the Central Information Commission or the State

Information Commission, as the case may be, at the time of deciding any

complaint or appeal is of the opinion that the Central Public Information

Officer or the State Public Information Officer, as the case may be, has,

without any reasonable cause, refused to receive an application for

87

information or has not furnished information within the time specified

under sub-section

(1) of section 7 or malafidely denied the request for information or

knowingly given incorrect, incomplete or misleading information or

destroyed information which was the subject of the request or obstructed

in any manner in furnishing the information, it shall impose a penalty of

two hundred and fifty rupees each day till application is received or

information is furnished, so however, the total amount of such penalty

shall not exceed twenty-five thousand rupees:

Provided that the Central Public Information Officer or the State Public

Information Officer, as the case may be, shall be given a reasonable

opportunity of being heard before any penalty is imposed on him:

Provided further that the burden of proving that he acted reasonably and

diligently shall be on the Central Public Information Officer or the State

Public Information Officer, as the case may be.

(2) Where the Central Information Commission or the State Information

Commission, as the case may be, at the time of deciding any complaint or

appeal is of the opinion that the Central Public Information Officer or the

State Public Information Officer, as the case 18 may be, has, without any

reasonable cause and persistently, failed to receive an application for

information or has not furnished information within the time specified

under subsection (1) of section 7 or malafidely denied the request for

information or knowingly given incorrect, incomplete or misleading

information or destroyed information which was the subject of the request

or obstructed in any manner in furnishing the information, it shall

88

recommend for disciplinary action against the Central Public Information

Officer or the State Public Information Officer, as the case may be, under

the service rules applicable to him.

CHAPTER VI

Miscellaneous Protection of action taken in good faith.

21. No suit, prosecution or other legal proceeding shall lie against any

person for anything which is in good faith done or intended to be done

under this Act or any rule made thereunder.

Act to have overriding effect

22. The provisions of this Act shall have effect notwithstanding anything

inconsistent therewith contained in the Official Secrets Act, 1923, and any

other law for the time being in force or in any instrument having effect by

virtue of any law other than this Act.

Bar of jurisdiction of courts

23. No court shall entertain any suit, application or other proceeding in

respect of any order made under this Act and no such order shall be

called in question otherwise than by way of an appeal under this Act.

Act not to apply to certain organisations

24. (1) Nothing contained in this Act shall apply to the intelligence and

security organisations specified in the Second Schedule, being

organisations established by the Central Government or any information

89

furnished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption

and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of

allegations of violation of human rights, the information shall only be

provided after the approval of the Central Information Commission, and

notwithstanding anything contained in section 7, such information shall be

provided within forty-five days from the date of the receipt of request.

(2) The Central Government may, by notification in the Official Gazette,

amend the Schedule by including therein any other intelligence or security

organisation established by that Government or omitting there from any

organisation already specified therein and on the publication of such

notification, such organisation shall be deemed to be included in or, as the

case may be, omitted from the Schedule.

(3) Every notification issued under sub-section (2) shall be laid before

each House of Parliament.

(4) Nothing contained in this Act shall apply to such intelligence and

security organisation being organisations established by the State

Government, as that Government may, from time to time, by notification in

the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption

and human rights violations shall not be excluded under this sub-section:

SEC.1

Provided further that in the case of information sought for is in respect of

90

allegations of violation of human rights, the information shall only be

provided after the approval of the State Information Commission and,

notwithstanding anything contained in section 7, such information shall be

provided within forty-five days from the date of the receipt of request.

(5) Every notification issued under sub-section (4) shall be laid before the

State Legislature.

25. (1) The Central Information Commission or State Information

Commission, as the case may be, shall, as soon as practicable after the

end of each year, prepare a report on the implementation of the provisions

of this Act during that year and forward a copy thereof to the appropriate

Government.

(2) Each Ministry or Department shall, in relation to the public authorities

within their jurisdiction, collect and provide such information to the Central

Information Commission or State Information Commission, as the case

may be, as is required to prepare the report under this section and comply

with the requirements concerning the furnishing of that information and

keeping of records for the purposes of this section.

(3) Each report shall state in respect of the year to which the report

relates,—

(a) the number of requests made to each public authority;

(b) the number of decisions where applicants were not entitled to access

to the documents pursuant to the requests, the provisions of this Act

under which these decisions were made and the number of times such

provisions were invoked;

91

(c) the number of appeals referred to the Central Information Commission

or State Information Commission, as the case may be, for review, the

nature of the appeals and the outcome of the appeals;

(d) particulars of any disciplinary action taken against any officer in

respect of the administration of this Act;

(e) the amount of charges collected by each public authority under this

Act;

(f) any facts which indicate an effort by the public authorities to administer

and implement the spirit and intention of this Act;

(g) recommendations for reform, including recommendations in respect of

the particular public authorities, for the development, improvement,

modernisation, reform or amendment to this Act or other legislation or

common law or any other matter relevant for operationalising the right to

access information.

(4) The Central Government or the State Government, as the case may

be, may, as soon as practicable after the end of each year, cause a copy

of the report of the Central Information Commission or the State

Information Commission, as the case may be, referred to in sub-section

(1) to be laid before each House of Parliament or, as the case may be,

before each House of the State Legislature, where there are two Houses,

and where there is one House of the State Legislature before that House.

(5) If it appears to the Central Information Commission or State

Information Commission, as the case may be, that the practice of a public

authority in relation to the exercise of its functions under this Act does not

92

conform with the provisions or spirit of this Act, it may give to the authority

a recommendation specifying the steps which ought in its opinion to be

taken for promoting such conformity.

Monitoring and Reporting Appropriate Government to prepare

programmes

26. (1) The appropriate Government may, to the extent of availability of

financial and other resources,—

(a) develop and organise educational programmes to advance the

understanding of the public, in particular of disadvantaged communities

as to how to exercise the rights contemplated under this Act; 20

(b) encourage public authorities to participate in the development and

organisation of programmes referred to in clause (a) and to undertake

such programmes themselves;

(c) promote timely and effective dissemination of accurate information by

public authorities about their activities; and

(d) train Central Public Information Officers or State Public Information

Officers, as the case may be, of public authorities and produce relevant

training materials for use by the public authorities themselves.

(2) The appropriate Government shall, within eighteen months from the

commencement of this Act, compile in its official language a guide

containing such information, in an easily comprehensible form and

manner, as may reasonably be required by a person who wishes to

exercise any right specified in this Act.

93

(3) The appropriate Government shall, if necessary, update and publish

the guidelines referred to in sub-section (2) at regular intervals which

shall, in particular and without prejudice to the generality of sub-section

(2), include—

(a) the objects of this Act;

(b) the postal and street address, the phone and fax number and, if

available, electronic mail address of the Central Public Information Officer

or State Public Information Officer, as the case may be, of every public

authority appointed under sub-section (1) of section 5;

(c) the manner and the form in which request for access to an information

shall be made to a Central Public Information Officer or State Public

Information Officer, as the case may be;

(d) the assistance available from and the duties of the Central Public

Information Officer or State Public Information Officer, as the case may

be, of a public authority under this Act;

(e) the assistance available from the Central Information Commission or

State Information Commission, as the case may be;

(f) all remedies in law available regarding an act or failure to act in

respect of a right or duty conferred or imposed by this Act including the

manner of filing an appeal to the Commission;

(g) the provisions providing for the voluntary disclosure of categories of

records in accordance with section 4;

(h) the notices regarding fees to be paid in relation to requests for access

94

to an information; and

(i) any additional regulations or circulars made or issued in relation to

obtaining access to an information in accordance with this Act.

(4) The appropriate Government must, if necessary, update and publish

the guidelines at regular intervals.

27. (1) The appropriate Government may, by notification in the Official

Gazette, make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,

namely:—

(a) the cost of the medium or print cost price of the materials to be

disseminated under sub-section (4) of section 4;

(b) the fee payable under sub-section (1) of section 6;

(c) the fee payable under sub-sections (1) and (5) of section 7;

(d) the salaries and allowances payable to and the terms and conditions

of service of the officers and other employees under sub-section (6) of

section 13 and

Power to make rules by appropriate Government SEC.1 sub-section (6)

of section 16;

(e) the procedure to be adopted by the Central Information Commission

or State Information Commission, as the case may be, in deciding the

appeals under sub-section (10) of section 19; and

95

(f) any other matter which is required to be, or may be, prescribed.

28. (1) The competent authority may, by notification in the Official Gazette,

make rules to carry out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing

power, such rules may provide for all or any of the following matters,

namely:—

(i) the cost of the medium or print cost price of the materials to be

disseminated under sub-section (4) of section 4;

(ii) the fee payable under sub-section (1) of section 6;

(iii) the fee payable under sub-section (1) of section 7; and

(iv) any other matter which is required to be, or may be, prescribed

Power to make rules by competent authority.

29. (1) Every rule made by the Central Government under this Act shall be

laid, as soon as may be after it is made, before each House of Parliament,

while it is in session, for a total period of thirty days which may be

comprised in one session or in two or more successive sessions, and if,

before the expiry of the session immediately following the session or the

successive sessions aforesaid, both Houses agree in making any

modification in the rule or both Houses agree that the rule should not be

made, the rule shall thereafter have effect only in such modified form or be

of no effect, as the case may be; so, however, that any such modification

or annulment shall be without prejudice to the validity of anything

previously done under that rule.

96

(2) Every rule made under this Act by a State Government shall be laid, as

soon as may be after it is notified, before the State Legislature.

Laying of rules.

30. (1) If any difficulty arises in giving effect to the provisions of this Act,

the Central Government may, by order published in the Official Gazette,

make such provisions not inconsistent with the provisions of this Act as

appear to it to be necessary or expedient for removal of the difficulty:

Provided that no such order shall be made after the expiry of a period of

two years from the date of the commencement of this Act.

(2) Every order made under this section shall, as soon as may be after it is

made, be laid before each House of Parliament.

Power to remove difficulties.

Repeal 31. The Freedom of Information Act, 2002 is hereby repealed. 5

of 2003 22

ANNEXURE 2

17 MANUALS

1) The particulars of SAIL’s organization.

DEFINITIONS :

97

o RDCIS: Research & Development Centre for Iron and Steel

o SAIL: Steel Authority of India Ltd.

o QMS: Quality Management System

o VISP : Visvesvaraya Iron & Steel Plant

o R&D : Research & Development

R&D PROJECTS: Properly defined research and development schemes

in respect of activities, resources, responsibilities and time schedule

leading to technological innovations/ knowledge and pursued by RDCIS

personnel in steel plants and/ or RDCIS laboratory.

Organisation:-

RDCIS is a corporate R&D unit of Steel Authority of India Limited. It is

India’s premier research organization in the field of ferrous metallurgy.

The main Centre located in Ranchi, was established in 1972 and its

modern laboratory Complex was inaugurated in 1986. RDCIS undertakes

research projects encompassing the entire spectrum of iron and steel

starting from raw materials to finished products. RDCIS is continuously

engaged in improving the process parameters, development of value

added product, energy

conservation, improvement in product quality, up gradation of existing

technologies and introduction of new technologies in the plants and units

of SAIL. RDCIS also offers technological services in the form of know-how

/ transfer of technologies developed by it, consultancy services / contract

research, specialized testing services, & training. Technology Groups of

RDCIS are divided in different areas like Coal & Energy, Iron & Sinter,

98

Steel, Rolling Technology, Product, Refractory’s and Automation &

Engineering. RDCIS has got its Plant Centre’s in all the five integrated

SAIL Plants and also at VISP, Bhadravati (Karnataka). RDCIS has also

got its offices at Delhi and Kolkata.

The salient features of the Mission of RDCIS entail the following:

Promote originality, foster creativity and expand knowledge base

through the pursuit of carefully selected R&D programmes

Develop RDCIS’s human resources and facilities to achieve and

sustain technological excellence

Complement SAIL plant’s efforts to continuously enhance Customer

Satisfaction, Quality, Productivity, Profitability and Marketability of

their products

FUNTIONS AND DUTIES

Project Management

The technological services extended by RDCIS to SAIL plants and units

are mainly in the mode of R&D projects. The spectrum of R&D projects

pursued by RDCIS, both at plants/ units as well as in-house, are

categorized as follows: Plant Performance Improvement, Product

Development, Basic Research, Scientific Investigation & Development,

Technical Service. The projects so identified, have well defined objectives,

approaches and activities to accomplish the goal. Projects are identified

after joint discussion between plant and RDCIS personnel to provide

solutions to identified problems. Work is carried out after project is

99

approved by the competent authority in the SAIL plant as well as RDCIS.

Monitoring and review of the projects is done at different levels and mid

course corrections, if any, are also suggested. At the end of the project,

the outcome of the work is well documented after concurrence from the

customer who is also partner in the innovation. The implementation of the

innovations is also pursued.

Human Resource:

RDCIS is a knowledge-based organization and therefore, human resource

is its prime resource. Development of adequate and appropriate human

resource is a constant endeavor in the organization. The selection of

personnel aims at achieving a right mix in terms of expertise,

specialization and experience.

Laboratory facilities

Since RDCIS provides solutions in all aspects of iron and steel

technology, the Centre has developed a full fledged laboratory with state-

of-art equipment starting from raw material characterization to finished

product evaluation. RDCIS is equipped with advanced diagnostic

equipment and pilot facilities to carry out the research activities. The

Centre strives to constantly modernize its facilities and infrastructure that

will provide a cutting edge to its research capabilities.

Technology Dessimation

100

RDCIS organizes Technology Awareness Programmes to enhance the

knowledge base of SAIL engineers and technologists, especially those

working on the shop floor, by sharing technological experience to

enhance, analyze and solve technological problems. These programmes

cover a wide range of topics dealing with different technology areas in the

steel plants.

Product Development

One of the prime focus area at RDCIS involves development of new

products with special quality attributes. These products are developed

through Lab. Scale studies & Simulation work followed by plant scale trials

at various units of SAIL using existing facilities. Subsequently those

products are promoted and commercialized through product application

and marketing efforts. The thrust on product development enables the

Company to achieve greater market penetration and share.

Technology Marketing

RDCIS offers technological services to various organizations in the form of

Know-how transfer of technologies developed by RDCIS, consultancy

services / contract research specialized testing services and training. This

helps to establish credibility of the Centre as a knowledge centre besides

generating revenue through external earnings.

Intellectual Capital

In the current competitive market scenario, it has become important to

101

protect the innovations resulting from R&D pursuits. This is being

accomplished at RDCIS by filing patents and copyrights under Patent Act

and Copyrights Act respectively. Enlargement of intellectual capital base

is constantly encouraged in the Centre.

Corporate Social Responsibility

SAIL has been a pioneer in the area of Corporate Social Responsibility

( CSR ) substantially contributing towards betterment of society around

the periphery of steel plants / units. The credo of SAIL specially highlights

the commitment towards society at large. A lot work has been done by

RDCIS unit of SAIL at Ranchi to improve the quality of life in and around

RDCIS. RDCIS, considers it important to extend help to economically

backward group/physically handicapped and mentally retarded persons

and has taken various measures in the field of environment conservation,

health and Medicare, education women and youth empowerment,

providing potable drinking water, installation of solar light systems in

peripheral areas, organizing and providing training to youth entrepreneurs,

students, etc. Various developmental programmes have been undertaken

by RDCIS in and around Ranchi in close co-ordination with the State

Government, District Administration as well as the local administration,

social organizations and people’s representative. Various activities have

been undertaken by RDCIS as a part of CSR programme in the following

areas :

1. Medical and health care

2. Drinking water facilities

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3. Educational facilities

4. Women and Youth empowerment (income generating scheme)

5. Other developmental work

2) The powers and Duties of officers and employees.

DEFINITIONS:

RDCIS : Research & Development Centre for Iron and Steel

SAIL : Steel Authority of India Limited

I/c : In Charge

HRD : Human Resource Development

OD : Organisational Development

2.0 DETAILS OF THE DOCUMENT

2.1 In terms of the power delegated to it under the article of association of

the Company, the Board of Directors has delegated certain power to the

Chairman of the Company for the management of the Company. The

Chairman has further sub-delegated some of his powers to Director

Technical & Executive Director I/c of RDCIS for the management of SAIL,

RDCIS, Ranchi. The same are revised/ modified from time to time

depending upon exigencies of work. The Executive Director I/c RDCIS

has further sub-delegated some of his power to other Executives of

RDCIS for smooth functions of the Centre. Being confidential in nature,

the delegation of power to the Director (Technical)/ Executive Director I/c,

RDCIS and also the financial power of the executives are not being

disclosed. General Power delegated to various executives for smooth

administration are available in the relevant documents of the Centre.

103

2.2 Technological functions of RDCIS are divided into 6 Areas : “Coal

& Energy”, “Iron & Sinter”, “Steel”, “Rolling Technology”, “Product” 

and “Refractory’s and Automation & Engineering”.

The Technical Areas carry out the following activities

Pursuing Technical projects at Steel Plant : Formulation, Review &

Monitoring, Procurement actions, Trial & experiments, Data Analysis

and Completion report

Pursuing Basic research projects at RDCIS ; Formulation, Review,

Experiments, Data Analysis and Completion report

Proper maintenance of equipment : Calibration, Preventive

maintenance

Handling customer complaints & services to customers as when

necessary RDCIS has “Plants Centre’s” in all the SAIL Steel Plants,

which provide technological support in its primary activities. It carries

out the following primary activities

Liaisoning with the plant on behalf of the Centre for all project

related activities

Services to customers as and when necessary

There are other support departments in RDCIS : “Personnel &

Administration (P&A)”, “Finance & Accounts (F&A)”, “Materials

Management (MM)”, “Contract Cell” and “Communications”.

104

2.3 Personnel & Administration carries out the following primary

activities :

Ensuring effective manpower planning and control

Promoting productive work environment

Implementing effective HRD/OD initiatives

Promoting welfare and sports activities

Ensuring effective security environment in office campus and

Township

Overseeing Township/Estate related activities

Providing legal services to all SAIL units at Ranchi

Promoting implementation of Rajbhasha

Reviewing and monitoring disciplinary cases

2.4 Materials Management carries out the following primary activities

:

Procurement of Project inputs from India & abroad for various

projects executed by RDCIS, as per required time schedule

Procurement of office equipment & consumables.

Procurement of equipment and consumables required by various

laboratories.

Finalisation of contracts for various services required by RDCIS.

Ensuring that the procurement is done in compliance with

procedures as laid down by the Company from time to time.

Organising inspection, handling, storage and preservation of

materials pending use.

105

Maintenance of various records.

Furnishing information to management as per requirement.

Identification of training needs of employees in MM Divn.

Evaluating effectiveness of training taken by employees of MM Divn.

Handling, storage and preservation of materials pending use

2.5 Finance and Accounts Deptt. carries out the following activities :

General

Constant review of the financial needs of the unit and effective

usage of resources..

Budgeting

Finalizing Capital and Revenue Budgets in consultation with

Groups/ Deptts. /Corporate Office

Budgetary review on a periodic basis in respect of the projects/

expenses/ incomes heads of accounts. Highlighting the variances

from budget and suggesting remedial measures.

Control of costs

Finalization of specific cost reduction plans and targets for the unit in

association with the Groups / Departments and ensuring fulfillment

of the plans through monitoring at an overall level.

• Constant critical review of different cost elements (projects,

106

manpower, materials, consultancy services etc.) in consultation with

concerned Groups / Departments in order to suggest and implement

corrective actions well in time

Funds Requirement

Fund requirement from Corporate Office and clearance of fund

allocated for capital and revenue, based on needs and efficiency of

usage.

• Ensuring effective usage of funds allocated and introducing

throughout the organization proper discipline in use of funds

Financial Accounting, Taxation and Audit

Timely closing of the accounts of the Unit as well as consolidated

accounts of the Ranchi units accounts. Dealing with all matters

relating to statutory audit, commercial audit and timely submission to

Corporate Office for consolidation of SAIL accounts for the approval

of the Board and shareholders in accordance with the provisions of

Law.

Developing and overseeing a system which would suggest ways

and means to improve the working of the unit and ensure optimum

utilization of all resources

Tax matters relating to submission of Audited Tax audit report of the

Ranchi units to Corporate office taxations department for timely

submission of company's tax return and tax compliance of the unit

including Income Tax, Service tax, excise duty, customs duty, sales

tax, cess, royalty etc.

107

Adhering to all statutory financial obligations of the unit.

Others

Professional development of personnel in the Finance function.

Providing assistance to Departments like Technology Marketing/

Project & Coordination/ Purchase in deciding on policies involving

financial transactions

Assistance in the matters connected with writing-off and sale of

assets as per policy and delegation of powers.

Financial concurrences for the items of RDCIS expenditure and

marketing of RDCIS services.

Administration of Exempted PF Trust for Ranchi Units as per Act &

Rules;

Authorization of expenditure against receipt of material / services.

2.6 Contract Cell carries out the following primary activities :

Registration of indents

Decision for mode of tendering

Processing of the job contracts

Issue of enquiry for job contract

Constitution of Tender Committee

Placement of the order

3) Procedure followed in the decision making process including

channels of supervision and accountability.

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DEFINITIONS:

RDCIS : Research & Development Centre for Iron and Steel

ED(W) : Executive Director (Works)

GM(W) : General Manager (Works)

HODs : Head of Divisions

The procedure followed in the decision making process including channels

of supervision and accountability.

The decision making process for project formulation, selection and

approval at RDCIS is governed by the concerned procedure. The project

proposals are prepared by Spokes Person of the taskforce (responsible

for pursuing the projects), in consultation with customer plant. The

proposals are prioritized and finally recommended by the concerned

Project Approval Committee (PAC) after detailed deliberations following

the presentation on the project.

Finally they are approved by the Chief Executive.

During the execution phase, besides the regular monitoring & review by

the concerned HOD’s , the projects are also reviewed in:

1. “Quarterly Review of Performance (QRP)” held at Ranchi by a

review committee

2. The plant review meeting taken by the ED (W)/ GM (W) of

respective customer plant.

The salient points of all projects are also reviewed periodically by the

109

Chief Executive.

4) Norms set by SAIL for discharge of its functions

Main function of the RDCIS is to carryout research projects in the area of

Iron & Steel industry. Efforts in the technical area are supplemented by

supporting departments like Personnel, Finance & Material Management.

For the discharge of various functions, the norms set by following

documents are followed:

1. For Technical Matters : Guidelines/Procedure described in Quality

and Procedure Manuals.

2. For Personnel Matters : Personnel Manual issued by SAIL

Corporate Office, Standing Orders of RDCIS, Procedure described

in Procedure Manual.

3. For Materials Management: Guidelines described in Purchase and

Contract Procedure 2009.

For Financial Matters : Guidelines given in Accounts Manuals.

5) The rules, regulations, instructions, manuals and records, held

by RDCIS or under its control or used by its employees for

discharging its functions

The rules, regulations, instructions, manuals and records held by RDCIS

for discharging its functions are available in the following documents:

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Personnel Manual

Procedure Manual

Quality Manual

Accounts Manual

Standard Bidding Documents

Purchase and Contract Procedure 2009

Annual Report

Extended Abstract of Projects.

Guidelines/ Amendments issued from time to time

6) A statement of categories of documents that are held by RDCIS

or under its control

Following categories of documents are maintained for smooth functioning

of organization:

1. Technical Records : Project completion Reports

2. Personnel Records : Employees related records

3. Materials Management Records : Procurement related records

4. Financial Records : Records of financial transactions and

disbursements

The records of categories 2, 3 and 4 are confidential in nature.

7) The particulars of any arrangement that exists for consultation

by the members of the public in relation to the formulation of

its policy or implementation thereof

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Any such mechanism does not exist at RDCIS.

8) A statement of the boards, councils, committees and other

bodies consisting of two or more persons constituted as its

part or for the purpose of its advice, and as to whether

meetings of those boards, councils, committees and other

bodies are open to the public, or the minutes of such meetings

are accessible for public.

Internal bipartite committees have been constituted with representatives

from "Union of Non-executive employees" & "Association of Steel

Executives".

Frequent meetings of such internal bipartite committees are being held.

However, the meetings as well as minutes are not open for public.

9) A directory of officers and employees of RDCIS.

The complete list of officers and employees of the Centre is available in

Personnel and Administration Department of the Centre.

10) The Monthly remuneration received by each of RDCIS

Officers and Employees, including the system of Compensation

as provided in its regulations.

The monthly remuneration received by each of its officers and employees,

including the system of compensation as provided in its regulations are as

under:

All employees are covered under Grade S1 – S11 and E0 – E9 as

112

prescribed below:

Non-Executives Executives

Grade Pay Scale Grade Pay Scale

S-18630-3%-

12080E-0 12600-3%-32500

S-28890-3%-

12650E-1 20600-3%-46500

S-39160-3%-

13150E-2 24900-3%-50500

S-49440-3%-

13930E-3 32900-3%-58000

S-59730-3%-

15020E-4 36600-3%-62000

S-610120-3%-

16400E-5 43200-3%-66000

S-710530-3%-

17030E-6* --

S-810960-3%-

17680E-7* --

S-911400-3%-

19350E-8 51300-3%-73000

S-1011860-3%-

22920E-9 62000-3%-80000

S-1112460-3%-

23970   

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* Revised pay scales for E-6 and E-7 grade shall be notified later after

obtaining necessary clearance from Administrative Ministry and DPE.

Remuneration and Compensation are as per company's guideline.

Monthly statement of remuneration and compensation of each employee

are available with Finance Deptt. of RDCIS

11) The budget allocated to each of its agency, indicating the

particulars of all plans, proposals and reports on disbursements

made

Capital Budget of RDCIS for 2010-11 is Rs.20.00 Crores.

Expenditure incurred upto 30.06.2010 is Rs. 2.67 Crores.

12)The manner of execution of subsidy programmes including the

amounts allocated and the details of beneficiaries of such

programmes.

Not applicable for RDCIS.

13) Particulars of recipients of concessions, permits or authorization

granted by RDCIS

System does not exist at RDCIS for providing concessions and permits.

Patent Attorneys are authorized to file patent/copy rights on behalf of

RDCIS

14) Details in respect of the information available to or held by it,

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reduced in an electronic form.

Company's information is available in Website – www.sail.co.in

15) The particulars of facilities available to citizens for obtaining

information, including the working hours of a library or reading

room, if maintained for public use.

Such facilities are not available for public at RDCIS.

16) The names, designations and other particulars of the Public

Information Officers.

DEFINITIONS:

o RDCIS : Research & Development Centre for Iron and Steel

o SAIL : Steel Authority of India Limited

o PIO : Public Information Officer

o APIO : Assistant Public Information Officer

o AA : Appellate Authority

o P&A : Personnel & Administration

The names, designations and other particulars of the PIO / APIO and AA

are as under:  APIO : Asstt Public Information Officer

Public Information Officer:

SHRI K.R.THAKUR

SENIOR MANAGER (LAW) & PIO

SAIL, RDCIS;  ISPAT BHAWAN

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P.O.DORANDA, RANCHI- 834002

Phone No. 0651 - 2411082

FAX: 0651- 2411131

EMAIL ID: [email protected]

Assistant Public Information Officer:

SHRI R. C. JAIN

ASSISTANT MANAGER (LAW) & APIO

SAIL, RDCIS;  ISPAT BHAWAN

P.O.DORANDA, RANCHI- 834002

Phone No. 0651 - 2411082

FAX: 0651- 2411131

EMAIL ID: [email protected]

Appellatte Authority :

SHRI A. S. MATHUR

GENERAL MANAGER(P&A) & AA

SAIL, RDCIS;  ISPAT BHAWAN

P.O.DORANDA, RANCHI- 834002

Phone No. 0651 - 2411106

FAX: 0651-2411131/2411091

EMAIL ID: [email protected]

17) Such other information as may be prescribed and thereafter

update these publications every year.

 As and when required.

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ANNEXURE-3

CASE STUDY

CENTRAL INFORMATION COMMISSION

Appeal No. 10/1/2005-CIC

Right to Information ACT – Sections 18 /19

Name of Complainant: Er. Sarbajit Roy

Name of Public Authority: Delhi Development Authority Facts

1. Mr.Sarbajit Roy an engineer and resident of Dwarka in New Delhi filed

a complaint against the Delhi Development Authority (“DDA”), under Sec

18 read with Sec 19 of the Right to Information ACT 2005. The

Complainant contended that he had numerous grievances concerning the

implementation of the Act at DDA where access to information was being

denied to him and others, thereby causing him to approach the

Commission in the public interest, and had prayed inter-alia on various

grounds that the information sought by him, including information

concerning ongoing modification of the Master Plan of Delhi till the year

2021 (“MPD-2021”), be provided to him. He also sought directions to DDA

to fulfill its mandatory obligations under the Act including proactive

disclosures.

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2. Relief sought by the appellant can be summarized as follows:

i. Providing information sought

ii. DDA to deposit records with the Commission

iii. Appoint a single PIO

iv. Redesign application form

v. A copy of 17 manuals be provided

vi. Payment of compensation

3. The DDA in its comments dated 21.11.2005 contested the allegations,

stating that the DDA has been making concerted efforts to implement 2

the Act and had made necessary proactive disclosure. The complaint was

described as baseless and malafide.

4. This Commission held its first hearing on 23.12.2005 with parties

present. The complainant stated that the DDA by denying him the

information he sought concerning the ongoing process for the MPD-2021

was obstructing him from properly speaking before the DDA constituted

Board Of Enquiry and Hearing which was examining the representations

received on the draft MPD-2021. He alleged that norms for MPD-2021

modification such as DDA’s Act and Rules were not published by the DDA

or available on the DDA website as was mandatory, and that Rule 9 of the

DD Master Plan Rules permitted any person to speak before the said

Board on representations of other persons also, which the DDA was not

facilitating.

3. After hearing the submissions of the DDA made by the Vice Chairman,

DDA Shri Dinesh Rai and Principal Commissioner cum Secretary, DDA

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Shri V. M. Bansal, the Commission desired that detailed comments on the

complaint and also the documents concerning the procedural

requirements of MPD-2021’s modification be filed by DDA within 15 days.

The DDA was of the view that sharing of any information demanded by

the complainant at that stage would affect the Plan preparation and it was

also apprehended that the information if provided could be misused and

hence the complainant’s request for information in the desired form was

rejected on 21.11.2005 under section 7(9) of the ACT as it would

disproportionately divert the resources of their office.

4. In the meantime the complainant filed a letter that he wished to submit

a rejoinder to all pleadings of DDA in writing and that he may be permitted

the assistance of RTI experts in future proceedings and hearings, if any.

Another hearing was fixed for February 8, 2006 and copies of the

documents and annexure filed by the DDA were provided to the

Complainant. 3

5. On February 8, 2006 the parties appeared before the Commission. The

complainant was present and assisted by Shri.Venkatesh Nayak of the

Commonwealth Human Rights Initiative and Ms. Gita Dewan Verma from

the Master Plan Implementation Support Group. The DDA was

represented by their CPIOs Ms.Neemo Dhar (Director PR), Shri

P.V.Mahashabdey (Director MPPR), Ms.Aparna Reghuraman (RTI in

charge, DDA) and Shri Ashok Kumar (Addl. Commissioner Planning,

DDA).

6. The complainant stated that since there were numerous grounds in his

complaint he would rely upon his detailed written submissions, including

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his rejoinder to DDA’s pleadings. He had stated that he did not serve a

copy of his rejoinder on the DDA since at the previous hearing the DDA

did not serve their documents on him and he had to obtain these on

application through the Commission. The Commission observed that

once a matter was taken cognizance of by the Commission, copies

of subsequent pleadings must be duly served on the opposite

parties before or along with its being filed in the Registry to

encourage a suitable and timely response.

7. The complainant stated that the DDA had appointed about 40 CPIOs

who were assigned subject wise “jurisdictions”. Although the complainant

commends the Authority for making these appointments in light of the

number of public applications expected, assigning them jurisdictions was

not in accordance with the Act. This also forced them to file multiple

requests or pay excessive fees if the information sought spans the PIO’s

“jurisdictions”. This is not denied by DDA.

8. Sub-section 5(1) of the Act requires every public authority to appoint as

many Public Information Officers as may be necessary to provide

information to persons requesting information under this Act. The public

authority is also required by sub -section 5(2) of the Act to designate an

officer at each sub-divisional level or other sub-district level as an

Assistant Public Information Officer to receive the applications for 4

information or appeals under this Act for forwarding the same forthwith to

the Public Information Officer. Sub-section 5(3) of the ACT empowers the

Public Information Officers to deal with requests from persons seeking

information and render reasonable assistance to the persons seeking

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such information. Sub-sections 2(c) and 2(m) of the Act define the Public

Information Officers to be those designated as such under sub-section

5(1) and include also the Assistant Public Information Officers designated

as such under sub-section 5(2). Thus it implies that the PIOs as well as

the APIOs are empowered to receive requests from persons and to deal

with such requests and also to render reasonable assistance.

9. However, it is only a PIO who is required to provide information to the

persons requesting for information under the Act When a request is

received by an APIO he is required only to forward the same forthwith to a

PIO of the public authority. A division of responsibilities amongst PIOs

is not proscribed for a public authority to ease faster access and

dissemination of information. Thus the law is clear that a request for

information may be received at every office or administrative unit or every

sub level also. It is not required that only a PIO appointed u/s 5(1) may

accept requests for information pertaining to his administrative unit or

“jurisdiction” since this would impede access to information.

10. In the present case we find that although DDA has Counselors,

available at a front counter, DDA has not designated any APIOs at all as

required by section 5(2) of the ACT. DDA may like to appoint APIOs to

receive all applications a nd have these examined and replied to by the

concerned PIO, or direct all CPIOs to receive RTI application irrespective

of

administrative unit. It appears that the function of the DDA is such that all

reporting / decisions of the Authority are made throug h the Vice

Chairman, DDA, to whom all PIOs report in the decision making process.

In such circumstances an applicant can justifiably complain that no office

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of DDA was able to provide him precise information 5 concerning his letter

addressed to Vice Chairman, DDA concerning the reported threat to life

being caused by polluting industrial units still operating in Dwarka a

residential development area of DDA. Both parties appear to rely upon

directions of the Judgment of the Supreme Court on May 7, 2004 in

WP(C) 4677/1985 in M. C. Mehta’s matter, (a copy of which was produced

for our perusal). DDA submitted that the particular query actually

concerned the Govt. of Delhi, which the Complainant contested saying

that Dwarka was exclusively under the DDA with the Vice Chairman, DDA

being a member of the Apex Court’s appointed monitoring committee to

enforce the said Judgment. Also, the DDA’s CPIO had not forwarded his

query to the Delhi Govt. as would have been required had the application

concerned another public authority (Sec 6(3). Although we cannot accept

that this is a case where life and liberty were threatened, the matter

decidedly concerned the health of persons in DDA’s residential

development area. We would therefore enjoin upon Vice Chairman

DDA to respond to such matters as expeditiously as possible if not

within 48 hours as mandated if it involved a case of life and liberty.

In this complaint the complainant was aggrieved that the PIO of DDA to

whom he had addressed his information request had transferred his

request to another PIO of DDA in accordance to “jurisdiction” assigned.

The DDA in response had stated that this was done as per the section

6(3) of the Act, which read as follows: -

“Where an application is made to a public authority requesting for

information—

(i) which is held by another public authority; or

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(ii) the subject matter of which is more closely connected with the

functions of another public authority, 6 the public authority, to which such

application is made, shall transfer the application or such part of it as may

be appropriate to that other public authority and inform the applicant

immediately about such transfer: Provided that the transfer of an

application pursuant to this sub-section shall be made as soon as

practicable but in no case later than five days from the date of receipt of

the application.”

11. The DDA argued that disclosing the information sought by

Complainant would interfere with the Delhi Master Plan process and liable

to be misused. However, the DDA’s original written statement in reply of

21.11.2005 says repeatedly “The complainant was never denied

information. ... The complainant had requested for information concerning

the Board of Inquiry constituted for evaluating the objections received

towards draft Master Plan - 2021. He had desired that the basis of

constitution of an inquiry and proceedings of the Board should be made

available to him. He was informed that records of MPD-2021 are available

with the Master Plan Department for which Shri Mahashabdey is the PIO

and not Mrs. Neemo Dhar...” There was no mention at all in this reply filed

with the Commission from Ms. Meena Pahwa (Dy. Director PG/DDA)

dated 21.11.2005 that information had been denied to Complainant. We

note that there was a positive inference therein that the information had

actually been provided or was

liable to be provided. In DDA’s subsequent written statement in further

reply of 12.01.2006 from Mr.Mahashabdey at Para 1.7 he stated as

follows “It may be observed that the process of Plan preparation /

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modification is being followed as per the procedure laid down in the Act /

Rules in this regard. Sharing of any information in the form of studies,

reports, objections / suggestions received from various individuals,

departments etc., details and summaries of these and minutes of the

Board’s meetings etc. demanded by the complainant at this stage, will

hamper and affect the Plan preparation. It is also apprehended that the

information may be misused. Therefore, the request for providing the

information in the desired 7 format by the complainant was rejected vide

this office letter dated No.Dir MPD-2021/DDA/05/F585/4 dated 21.11.2005

under the provisions of sub-section-9 of Section 7 of the RTI ACT 2005 on

the grounds of diverting the resources of this office disproportionately. ”.

This stand was again reiterated by both Ms.Neemo Dhar and also

Mr.Mahashabdey at the second hearing on 08.02.2006 where they had

both stated that the Board of Inquiry’s ongoing proceedings would be

affected, as would also the Master Plan, if the information sought as

detailed above was disclosed, and also that the Board’s proceedings were

confidential.

12. On the other hand the complainant stated that the information was

required so as to allow him to effectively participate in the Master Plan

formulation process as is provided for in the DDA Act /Rules in this regard.

According to him, DDA did not possess any authentic copy of its own DDA

Act or the applicable Rules and had neither published the same nor put

the same on their website as mandated under section 4(1)(b) of the ACT.

He submitted that the information he had sought would help DDA in

formulation of the Master Plan as he had submitted over 1,000 serious

and specific objections to draft Master Plan which he felt were being

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overlooked as he was never served any notice as prescribed intimating

the time, date and place for his personal hearing before the said Board

thereby compelling him to request the same via RTI process. Mr. Roy has

leveled various allegations against DDA but these are not of concern to

this Commission whose mandate is confined to ensuring only that

information sought is given if in accordance with the Act. In this

connection he had requested that he may be provided authenticated

copies of original documents and records which were available with the

DDA and

not documents from secondary sources which may have been cobbled

together, even forged. In his written rejoinder of 06.02.2006 he alleged

that the DDA had suppressed or destroyed numerous public

representations on the draft Master Plan received by DDA. Mr.Venkatesh

Nayak of CHRI clarified on behalf of the Complainant that sub-section 7(9)

of the ACT could not be used as a ground to deny information to the

applicants and if for any reason the information could not 8 be provided in

the material form requested, then some other acceptable means of

providing the material records must be ensured. Mr. Nayak felt that there

was no correlation between the alleged misuse potential of the information

sought and the sub-section 7(9) relied upon by DDA, and the excuse of

“potential misuse” was not sufficient to deny the information sought by the

Complainant.

13. After considering these submissions we find as follows: -

That the Commission has already accepted a complaint from Ms Madhu

Bhaduri on a complaint of December 16, 2005, on the question of design

of an application form by DDA ruling as follows:

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"The DDA was in violation of Sec 6 (2) of the Act in asking for reasons for

making

the application."

DDA stands directed to modify the form That in the instant matter there

are clear indications in law that the specific information sought by Mr. Roy

concerning MPD-2021 may be disclosed to citizens desirous of obtaining

such information. Not sufficient reasons were advanced to satisfy the

Commission that the information was exempted from disclosure under any

of the provisions of Sec 8 of the Act, including provisions relating to

invasion of privacy or third party interest that could invoke Sec 11.

Therefore the information requested by the applicant connected with a

public activity viz. the formulation of Master Plan by DDA and not

exempted u/s 8 of the ACT cannot be denied. Hence we hold that in the

instant matter the information must be provided to the applicant.

DECISION:

1. The DDA is a single public authority. Since this is a matter concerning

adjustments within the same public authority Sec 6 (3) cannot apply.

Accordingly the CPIO Ms. Neemo Dhar, who had received the request

from the complainant, was, as per section 7(1) of the ACT, under

obligation to seek information from her colleague and provide it to the

complainant. Her colleague who was to provide the information as per

Section 5(5) of the RTI ACT, would become deemed CPIO and expected

to provide Ms. Dhar the information sought by the Complainant.

2. The CPIO of DDA Ms.Neemo Dhar is directed to provide the

information sought by the Applicant within 15 days. The information shall

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be provided to the applicant in the particular form requested to the extent

it is available within DDA in such form. Where the information is not

available in the particular form requested, the applicant may be allowed if

he desires to

inspect the original records at DDA and information specifically asked for

provided in the form of printo uts / copies of original documents or records

etc. of DDA duly certified. However, any information requested having

being supplied to DDA by a third party, which has been treated as

confidential by that third party, shall be dealt with as per Sec 11 of the

ACT. Sec 7(9) of the Act does not authorize a public authority to deny

information. It simply allows the authority to provide the information in a

form easy to access. We agree that providing the information on all

responses to the public notice of the Board of Enquiry and Hearings, even

if they number only 7000 as claimed by the DDA and more than 10,000

according to the complainant, in the form of certified copies will attract the

provisions of Sec 7 (9) as averred by DDA. But this provision does not

exempt disclosure of information, only adjustment of the form in which it is

provided. And given our findings as per Para 12 above that there was a

positive inference that the information had actually been provided or was

liable to be provided, we cannot agree with the afterthought that this would

impede the preparation of the Master Plan, which in any case does not fall

within the exemptions of Sec 8 of the Act. Providing the complainant an

opportunity to examine the responses giving him certified copies of those

identified by him, will meet the provisions of the Act.

3. The Principal Commissioner cum Secretary, DDA is directed to ensure

that acceptance of all applications irrespective of any administrative unit

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for which PIOs are responsible in routine, is brought into accordance with

the 10 requirements of Sec 5 of the Act. The Counselor system is a good

innovation, but cannot be used to as a substitute for the APIO. He is also

directed to provide the Commission a compliance report for the

Commission’s record, with respect to Section 4 of the Act. The Acts and

Rules relevant to the functioning of the public authority may be published

on the website as expeditiously as possible and in any case within 30

days.

4. Since the DDA has failed to provide the information requested to the

applicant within the time limit prescribed under Sec7, the information

sought shall be provided free of charge to the applicant Mr. Roy as per

Sec 7(6). However we are not convinced of malafide intent and provision

of incorrect, incomplete or misleading information by the PIO. Hence no

penalty is imposed, but it is expected that this will be taken as a warning

to expedite provision of information to all future applicants for information

to DDA Let a copy of this order be sent free of cost to the parties.

Sd/-

(Padma Balasubramanian)

Information Commissioner

Sd/-

(Wajahat Habibullah)

Chief Information Commissioner

Authenticated true copy. Additional copies of orders shall be supplied

against

application and payment of the charges prescribed under the Act to the

CPIO of

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this Commission:

:

Sd/-

(P. K. Gera)

Registrar

Dated: 25/2/’06

ANNEURE 2

In this case 8 (1) (j),

It is exempted information 8. 1 a to j,

Appellant- Sri. J. Shahabuddin

Name of the public authority- CPIO, Director of postal services, Kerela

circle

Case no. 22/ICPP/2006

Dated : 18th May 2006.

The fact of the case before the CIC in short was that the appellant

appeared for the departmental examination in 2005 for recruitment to the

cadre of post man. The appellant was not successful and he found that

he had failed in paper B. on 15/11/05 he filed an application under section

6 of the RTI Act requesting for for a copy of the evaluated answer sheet of

paper B. His application was rejected by the CPIO by a decision dated

26/12/05 on the ground that no public interest was involved in the case.

However the appellant was advised to seek for re-totaling and verification

of the fact that all answers written were duly assessed.

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Against the decision of the CPIO, the appellant file an appeal on 04/01/06

before the member (personnel) department of post New Delhi forwarded

the said appeal to the Chief Post Master General , Kerela circle, being the

degenerated appellate authority by a decision dated 21/02/06 confirm the

decision of the CPIO that has rejection of the application of the appellant

was covered by the provision of the sections 8 (1) (j) of the RTI Act.

Being disagreed and dissatisfied by the decision of the appellate authority

the appellate filed his appeal before the CIC , contending inter alea that

the CPIO and the appellate authority has wrongly applied under Section

(1)(j) to reject his application. It was further contended that denial of

request of the appellant raises the genuine doubt that they have some

thing to hide. The appellate prayed for a direction by the CIC to the CPIO

to furnish the information sought and also imposed a penaly upon the

CPIO and award a compensation of rs 5000 to the appellant.

The appellate authority that is CIC held that in the similar circumstances

CIC has already decided the matter , the 1st been in an appeal from the

some postal service and that to in a relation to a departmental

examination.

Vide appeal no.-ICPB/A-2/CIC/2006 dated 06.02.2006

In this appeal the appellate authority held that when answers papers that

were evaluated and the examiner evaluating the answers paper stand in a

fiduciary relation ship with each other. Such a relationship warrants a

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maintaining confidentiality by both of the manner and method of

evaluation

The CIC found that in case of evaluated answer paper the information

available with the , is in his fiduciary relationship, the disclosure of

which is exempt under section 8(1)(e). in addition when a candidate seeks

for a copy of evaluated answers paper , either his or her on or others it

purely a personal relationship the disclosure of which has no relationship

to any to ant public authority , public activity or interest and that has been

covered under section 8(1)(j) under RTI Act.

In view of the earlier decision in the aforesaid appeal ICPB/A-2/CIc/2006

Dated 06.02.2006

The CIC held in the present appeal the CPIO was suggestified in rejecting

the request of the appilant for a copy of evaluated answer paper. The CIC

were of the opion that furnishing the copies of evaluated answer paper

would be against public interest. In the absence of any material the CIC

upheld the decision taken by the appellate authority and dismissed the

appeal on 18th May 2006.

Appeal NO. 18/Ic(A) dated 28 march 2006 name of the appellant Tapas

Dutta

Name of the public authority- Indian Oil Corporation ltd.the facts of d case

in brief is that d applicant is an employee of ioc applied fr ds following info

under d rti act ;

1) Copies of original DPC minutes for the period 1992-2004 from

promotion to grade F to G

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2) The copies of the reviewed minutes conducted for employee no.

93622 from 1992 under the direction the Delhi high court

judgement in CWP 5 to 01 of 1997

3) Copies of complete annual performance appraisal reports of

employee no. 93622 from 1989- 2003

CPIO refuse to furnish the information on the ground that the

document that asked for are competential in nature and cannot

be shared. The appellate authority has also upheld the decision

of CPIO. It was observed by the CIC that the appellate has

challenged the process of selection for his promotion to a higher

grade and had also filed writ petition before the Delhi high court.

The IOC has acted in accordance with the direction of the Delhi

high court to provide the relevant document including the review

of the selection process to the appellant. The CIC in its decision

has held that the relevant portion of the document sought for has

been provided to the appellant as for the direction of court. The

assisgnment report by the superior officer are personal and

confidential information and therefore the same is exempted

under sec 8(1)(j) of the RTI Act.

In view of the decision of the appellate authotity was upheld and

the appeal of the appellant was dismissed.

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