RTI section 4

The RTI Act Section 4
Anupam Saraph, Ph.D.
Future Designer
Professor of Systems, Environment and Decision Sciences
Advisor on Complex Systems, World Economic Forum
Founder Life Member, Club of Rome, Indian National Association
Former CIO, Pune City
Former Vice Chairman Infotech Corporation of Goa
Former Advisor IT and e-governance, Government of Goa

Action mandated under Section 4
• 4(1)(a) Maintain catalogued and indexed
records and ensure computerized access
across networks
• 4(2) Provide as much information suo motu so
that the public have minimum resort to the
use of this Act to obtain information
• 4(3) Disseminate information widely
• 4(4) Make information easily accessible
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Checklist of records under 4(1)(a)
• Inward-Outward registers
• Revenue and expenditure records
• Orders, circulars and notifications
• Advertisements and notices
• Hearings, minutes of meetings, schedules
• Staff and their availability
• Reports and other publications
• Petitions and court orders

Checklist of declaration under 4 (1) (b)
• List of Information, available to or held by it;
• Facilities for obtaining information, including
the hours of a library or reading room;
• Names, designations and particulars of the
Public Information Officers;
Information on Information Access

• Directory of officers and employees;
• Remuneration to officers and employees;
• System of compensation as provided in its
regulations;
• Particulars, powers and duties of its officers
and employees;
• Accountability, procedure and norms of the
decision making process;
Information on Who and What they do

• Budget with plans, programs, disbursements
and proposed expenditures;
• Details of beneficiaries and recipients of
subsidies, concessions, permits or
authorizations granted by it;
• The manner of execution of programs;
Information on Activity

• Rules, regulations, instructions, manuals and
records
• Particulars of ways for consultation or
representation by the public for the
formulation or implementation of policy
Information on engagement and relevance

Checklist of declaration under 4 (1) (c)
• All relevant facts relating to proposed policies
or decisions;
Information on actions

Checklist of declaration under 4 (1) (d)
• Reasons for its administrative or quasi-judicial
decisions;
Information on compliance to purpose

Status of Section 4 compliance of the SIC, Goa
• http://egov.goa.nic.in/rtipublic/rtidisclosures.pdf
• http://goasic.gov.in/rtidisclosures.pdf

Which is the official one?

Identifying the official site
• url: https://sic.goa.gov.in : site with certificate
• PDF digitally signed
• Date of updating information on footer of pdf
• Signature of person certifying the information
• Access to previous versions/records

Status on Action mandated under 4
• 4(1)(a) No computerized access across networks
or catalog or index of documents
• 4(2) No suo motu declarations beyond standard
format: Need to use RTI Act to obtain information
on case status, orders;
http://egov.goa.nic.in/rtipublic/sicOrders.aspx
and http://egov.goa.nic.in/rtipublic/sicDeci.aspx
not updated
• 4(3) Disseminate widely - ?
• 4(4) Information not easily accessible

Status of records under 4(1)(a)
Not computerized or not accessible on network:
• Inward-Outward registers
• Revenue and expenditure records
• Orders, circulars and notifications
• Advertisements, tenders and notices
• Hearings, minutes of meetings, schedules
• Staff and their availability
• Reports and other publications
• Petitions and court orders

Status of declaration under 4 (1) (b)
• List of Information, available to or held by it:
Incomplete
• Facilities for obtaining information, including
the hours of a library or reading room: None
• Names, designations and particulars of the
Public Information Officers: Provided

Status of declaration under 4 (1) (b)
• Directory of officers and employees: Incomplete
• Remuneration to officers and employees:
Incomplete
• System of compensation as provided in its
regulations: Not provided; should be 16 (5)
• Particulars, powers and duties of its officers and
employees: Not provided; should be Chapter V
• Accountability, procedure and norms of the
decision making process: Incomplete; should be
25(1), Rules framed under 27

• Budget with plans, programs, disbursements and
proposed expenditures: Incomplete no plans,
programs, disbursements or expenditures
• Details of beneficiaries and recipients of
subsidies, concessions, permits or authorizations
granted by it: Not provided; should have list of
applicants given information, orders on
complaints and appeals
• The manner of execution of programs: Not
provided; should have manner of providing or
denying information

• Rules, regulations, instructions, manuals and
records: Not provided; should publish the
document, not its name
• Particulars of ways for consultation or
representation by the public for the
formulation or implementation of policy:
Vague response; should list scope of policy
and ways of consulting

Checklist of declaration under 4 (1) (c)
• All relevant facts relating to proposed policies
or decisions: Not provided; should have all
orders on appeals and complaints,
particularly under 19 (8)

Checklist of declaration under 4 (1) (d)
• Reasons for its administrative or quasi-judicial
decisions: Not provided; should have orders
passed on appeals or complaints with
reasons as well as a list of cases disposed
without hearing, if any, with reasons

Making Section 4 work
• Information Seekers insistence on Section 4
crucial
– Use the checklist to seek and ask for information
– Work with PIOs to ensure the information will be
widely available without needing to resort to RTI

• NGOs role is vital for rapid change
– Support and train PIO’s to bring about Section 4
compliance
– Use the checklist to audit and report Section 4
compliance
– Work with Information Commission to seek and
follow-through orders that would make Section 4
effective

• PIOs role in updating most important
– Use the checklist to audit and update information
once every quarter and when there is a change
– Work with information seekers to present
information in the most useful way

• Appellate Authorities supervision and
support necessary
– Use the checklist to audit at least once every
quarter and ensure information is current and
archives are accessible
– Work with PIO’s to ensure appeals are not needed
– Work with information seekers to present
information in the most useful way

• State Information Commissioner’s role very important
– Set an example of compliance
– Inquire into compliance to Section 4,
– Cause the creation of easy access to information,
– Cause for discovery and inspection of documents,
– Cause the publishing of certain information or categories of
information,
– Cause to make necessary changes to its practices in relation to
the maintenance, management and destruction of records,
– Enhance training on the RTI,
– Take suo-motu cognizance of information requests/denial

RTI section 4

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RTI section 4