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WELCOME RIGHT TO INFORMATION ACT 2005 A SYNOPSIS.

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Presentation on theme: "WELCOME RIGHT TO INFORMATION ACT 2005 A SYNOPSIS."— Presentation transcript:

1 WELCOME RIGHT TO INFORMATION ACT 2005 A SYNOPSIS

2 Mahatma Gandhi “ The real SWARAJ will come not by the acquisition of authority by a few, but by the acquisition of capacity by all to resist authority when abused”.

3 Abraham Lincoln Let the people know the facts, and the country will be safe.

4 Justice Bhagwati 0f Supreme Court of India “ No democratic government can survive with accountability”

5 GARBAGE CAN TECHNOLOGY a.k.a DEEP FILING METHOD X

6 What is RTI ? What relation has it to my job discharge ? Why should I know about the ACT ? What is in it for me ? Am I going to benefit from this ACT ? If I do not adhere to the ACT, then what ? And last but not the least –How can I use the ACT in my personal life ? Some Lingering Questions

7 RTI ACT 2005 – Why & AIM – Enactment – Contents & Provisions – Applicability to HPCL – Your ROLE (Dual?) – Open Session

8 Status of RTI Laws on the Planet Dec 2006

9 Good Governance - Efficiency 3DIMENSIONS3DIMENSIONS ADMINISTRATIVE SERVICE POLICY Idea of making right decisions to achieve the objectives Effective provision of services to the public, responsiveness to public opinion.. Comprises of Good Corporate Governance in Organizations & Efficient productivity Consists of conducting the administration without unnecessary delays or ulterior or corrupt motives and giving reasons while passing various orders

10 RTI ACT 2005 – Enactment ACT # 22 of 2005 Lok Sabha President Of India Assent Gazette Publication Effective After 120 Days Rajya Sabha Coverage Whole of India - Except State of Jammu & Kashmir

11 RTI ACT Provisions Provisions for ensuring MAXIMUM DISCLOSURE MINIMUM EXEMPTIONS PENAL provisions for failure to comply with the ACT

12 RTI ACT Provisions SIX Chapters 31 Sections Effective Mechanism for access to information & disclosure Establishment of Appellate Machinery Investigating Powers to review the decisions Of the Public Information Officers

13 Section 4 –organization –officials –duties –functions –monthly remunerations –telephone list –address list –budget allocation –annual reports –concessions enjoyed by it –facilities available to citizens –manner of execution of subsidy programs –decision making process, etc. Maintain records & Publish-particulars of

14 Some Concepts Ω WHO can seek information ? Ω WHAT is Information ? Ω WHO is Public Authority ? Ω WHO are Public Information Officers ? Ω WHAT are the Fees ? Ω WHAT is the Time limit ? Ω WHAT is the Penalty Factor ? Ω ANY Appeal procedures ?

15 Who can seek information? All Indian citizens possess the right to information The act confers right to any Indian citizen to access info from Public Authorities

16 Information What is Information What does Right to Information mean?

17 Information What does Right to Information mean? It includes the right to INSPECT Works, Documents and Records TAKE Notes, extracts or certified Copies of documents or records TAKE Certified samples of material OBTAIN INFORMATION In form of printouts Diskettes Disks Floppies Tapes, Video cassettes or In any other electronic media

18 Information Records Documents Memos s Opinions Advices Press releases Circulars Orders Log books Contracts Reports Papers Samples Models Data / Material held in any electronic form & information relating to any private body which can be accessed by a public authority

19 Public Authority

20 STATE GOVERNMENT PARLIAMENT CENTRAL GOVERNMENT Any Authority / Body / Institution constituted or established by law Any Body / Institution owned or controlled or substantially financed by Government Either directly or indirectly by funds provided by the State or Central Government

21 Evolution of HPCL Incorporation of Standard – Vacuum Refining Company (StanVac) Incorporation of Caltex Oil Refining StanVac operations taken over by ESSO Takeover & merger of ESSO and Lube India into HPCL Merger of Caltex undertaking in India into HPCL Origin in Private Sector: Blend of Private & Public Sector Expertise HPCL came into existence by nationalisation of foreign oil companies i.e., ESSO & CALTEX % of the shares of HPCL are held by the President of India. HPCL a Public Authority Merger of others into HPCL 19xy

22 Public Authority - OBLIGATIONS: Every public authority is under obligation to provide certain information As per Section 4 of the ACT – all details

23 Section 4 –organization –officials –duties –functions –monthly remunerations –telephone list –address list –budget allocation –annual reports –concessions enjoyed by it –facilities available to citizens –manner of execution of subsidy programs –decision making process, etc. Maintain records & Publish-particulars of

24 Public Authority - OBLIGATIONS: RECEIV E applicati ons for informat ion from citizens ACCEP T fees

25 Public Authority - OBLIGATIONS To Provide INFORMATION On REQUEST from the information seeker ELECTRONI C MEANS – or FAX or WRITTEN REQUEST ENGLISH or HINDI or LOCAL APPROVED VERNACULAR LANGUAGE

26 Public Authority - OBLIGATIONS COLLATE information If INFO is available immediatel y OBTAIN Clearance from appropriate authority PROVI DE FORWAR D to the concerne d authority If INFO is NOT available immediatel y OBTAIN the info

27 Down delegation to the PIOs Public Authority - OBLIGATIONS:

28 C&MDC&MD CENTRAL PIO APPELLATE AUTHORITY - First Level CENTRAL INFORMATION COMMISSION Second Level PUBLICAUTHORITYPUBLICAUTHORITY STATE PIO GOVERNMENTGOVERNMENT CITIZEN

29 Public Information Officers SPIOSPIO STATE PUBLIC INFORMATION OFFICER 125 # ALL REGIONAL MANAGERS ALL TERMINAL MANAGERS

30 Public Information Officers CPIOCPIO CENTRAL PUBLIC INFORMATION OFFICER GM EM & P Pipelines Operations – MR Operations – VR HR – Special Assignment IT – Corporate SHE Operations & Distribution ERP Financial Controller DGM HR Marketing – I/c Aviation I/c Marketing Retail LPG Sales & Marketing Product Supply – Direct Sales Retails Lubes Shipping & Supplies Strategy Public Relations & Corp. Comm. Finance - GGSRL. 20 # REVISION JUNE 2006

31 Public Information Officers AAAA APPELLATE AUTHORITIES GM - I&C - LUBES - STRATEGY & CPP ED - RETAIL - LPG - PROJECTS & PIPELINES - MR - VR - INTERNATIONAL TRADE & SUPPLIES - IT & ERP - HRD - IR - CORPORATE FINANCE - COMPANY SECRETARY 14 # REVISION JUNE 2006

32 CENTRAL COORDINATION SPIOCPIO AA CHIEF MANAGER – RTI CO-ORDINATION Office of the Company Secretary

33 Fees

34 Rupees TWO for each additional page created or photocopied A3 / A4 size Actual Charge for large size paper Actual Cost or Price for models or samples For FIRST hour NIL For SUBSEQUENT hour OR part thereof Rupees FIVE For information in CD / Diskette / Floppy Rupees FIFTY For Publications / print outs Rupees TWO for each page Rupees TEN with application DOCUMENT INSPECTION OTHERS

35 Fees - Against proper receipt Cash Banker’s Cheque Indian Postal Order Demand Draft HPCL Separate Accounting code S&P Circular of 22 NOV 2005 REVISION 2006 JUNE

36 Payment when made –Thru COURT FEE STAMP –At TREASURY COUNTER Fees – Not Acceptable

37 NO Fees On TWO occasions BPL Citizen BPL Citizen has to establish his identity BPL – Criteria – as determined by GOI Currently – EARNINGS OF Rupees TEN per day or Rupees 300 per month O C A S I O N ON E

38 Time Limit Time is the scarcest resource of the manager; If it is not managed, nothing else can be managed. Peter F. Drucker

39 Time Limit Others matter of Life or Liberty of a person Within 48 Hours from request Within 30 calendar days From date of receipt of request

40 Appeal Procedure

41 All Aggrieved Citizens Who APPELLATE AUTHORITY Time Limit 30 days

42 Is there a 2 nd Appeal?

43 IS THERE A 2 nd APPEAL? YES CENTRAL / STATE INFORMATION COMMISSION TIME LIMIT 90 DAYS AGAINST the FIRST level Appellate Authority’s Decision Against Whose decision ?

44 Central Information Commission  Shri Wajahat Habibullah  Chief Information Commissioner.  Shri A.N. Tiwari  Information Commissioner  Shri O.P. Kejariwal  Information Commissioner  Professor M.M. Ansari  Information Commissioner  Smt. Padma Balasubramanian  Information Commissioner  Central Information Commission, Old JNU Campus, Block IV, 5 th Floor, New Delhi

45 CAN COURTS INTERFERE? LOWER CIVIL COURTS X HIGH COURT SUPREME COURT

46 Penalty

47 Penalty is applicable when Any Public Authority REFUSES To receive application DOESNOT Provide bonafide information MALAFIDELY Denies the Requested information KNOWINGLY Gives Incomplete Incorrect Or Misleading information DESTROYS Information Requested for OBSTRUCTS Furnishing Information Requested for

48 Penalty component Rupees 25000/-- MAXIMUM Rupees 250/-- PER DAY of delayed information provided In addition, any prescribed action under the relevant CDA Rules, by the Second Appellate Authority

49 Penalty component PENALTY IS BORNE BY THE INDIVIDUAL BY THE CONCERNED PIO / AA The person who has not parted with the information, though requested by the PIO

50 NO Fees On TWO occasions In case the information is not provided within the specified time frame or The said information is provided after the specified time frame O C A S I O N TWO

51 RTI ACT 2005 Some Special Features Exemptions – From the Act Exclusions - Information

52 EXCLUSIONS - Information to the coverage under the ACT – Refer Section 8 as applicable to HPCL

53 EXCLUSIONs to the coverage under the ACT - IN A NUTSHELL - HPCL NO public activity or interest unwarra nted invasion of privacy of the individu al trade secrets, commercial confidence or intellectual property impede the process of investig ation or prosecut ion of offender s relating to 3 rd party, the disclosure of which would harm the competitive position of the third party Informat ion prohibit ed by a Court, etc.

54 RESTRICTIONS ON THIRD PARTY INFORMATION HPCL Confidenti ality agreemen ts with JVC / Others HPCL is prohibit ed from making any disclos ures HPCL is required to obtain consent of the third party before parting with the informati on

55 EXCEPTIONS to the coverage under the ACT - IN A NUTSHELL - HPCL LIST OF EXEMPTIONS SBU WISE

56 Exempted Organizations –22 # - Intelligence & security organizations, which are –established by the Central Government & –covered under the second schedule of the act

57 Exempted Organizations 1.Intelligence Bureau 2.Research & Analysis Wing of Cabinet Secretariat 3.Directorate of Revenue Intelligence 4.Central Economic Intelligence Bureau 5.Directorate of Enforcement 6.Narcotics Control Bureau 7.Aviation Research Centre 8.Special Frontier Police 9.Border Security Force 10.Central Reserve Police Force 11.Indo Tibetian Border Police 12.Central Industrial Security Force 13.National Security Guards 14.Assam Rifles 15.Sashtra Seema Bal (Special Service Bureau) 16.Special Branch (CID), Andaman & Nicobar 17.The Crime Branch – CID – CB, Dadar & Nagar Haveli 18.Special Branch, Lakshwadeep Police 19.Special Protection Group 20.Defence Research & Development Organization 21.Border Road Development Board 22.Financial Intelligence Unit, India

58 RTI ACT 2005 – HPCL

59

60 Do’s– as HPCL employee ACKNOWLEDGE – if received in person FORWARD – to the concerned official immediately CONFIRM – by to the concerned officer and also to RTI Coordinator-HQO RECEIVE - application

61 Do’s– as PIO / AA ACKNOWLEDGE – if received in person FORWARD – to the concerned official immediately – if U do not have the information CONTACT – RTI Coordinator, HQO for guidance RECEIVE - application Reply to the information seeker within the 30 day limit Send copies of the application (if not already sent), reply furnished, fee details to RTI Coordinator

62 Don'ts as a HPCL Employee / PIO / AA DO NOT DELAY IN Keeping HQO /Zone / RTI Coordinator of the query received Seeking clearance from RTI Coordinator. Provide reply to information seeker - 30 days

63 HQO contact Hariharan PK Chief Manager - RTI Coordination Office of the Company Secretary Petroleum House 6 th Floor Telephone: Office Co. Secretary HP NET:

64

65

66 Supreme Court of India “ ………… one sided information, disinformation and non- information all equally create an uniform uninformed citizenry, which would finally make democracy a mobocracy and farce.

67 PUBLIC AUTHORITY FEES NO FEES PENALTY TIME LIMIT CPIO SPIO AA CIC CENTRAL COORDINATOR INFORMATION EXEMPTED INFORMATION WHO EXEMPTED PUBLIC AUTHORITY HPCL YOU R ROLE RECAP WHAT

68 Lingering Questions


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