While
the Central Act makes the Information Commissions responsible for
producing an Annual
Report, it also states that every Ministry or Department is
under a duty to provide the Information Commission with whatever
information they need to produce the report.
In practical terms, this means that all public authorities will
need to set in place monitoring systems to collect statistical information
about the processing of applications and appeals. Ideally, the nodal
agency responsible for implementation will develop a monitoring
system. It could be paper based, whereby all PIOs and Appellate
Authorities maintain paper files and notes of how they handle cases.
It could also be computer-based, whereby information is inputted
into a database which can then easily be used to provide monitoring
reports and statistics. (NB: In the UK, a computer-based RTI
monitoring database is used to track applications and appeals.)
Alternatively, recognising that at lower levels of government, computers
may not be available, in India some form of computer and paper based
monitoring may be the best option.
Ongoing
collection and collation of statistics should be a minimum requirement
for all public bodies. The annual reporting requirements in the
Act require that some record is kept of all applications and appeals
received and how they are dealt with. Additionally, using this information,
heads of public authorities, nodal agencies and Information Commissions
can regularly assess whether authorities are meeting their obligations
under the Act. In doing so, they can also identify any public authorities
which perhaps require additional training or systems support - for
example, because statistics show that they are regularly missing
deadlines for disposing of applications or appeals.
Drawing
on experience in India and abroad, at a minimum, every public body
should require each APIO, PIO and Appellate Authority to maintain
some form of register of applications, which records:
- The total applications and appeals received,
disposed of and outstanding;
- For each application and appeal received:
- name of applicant;
- date the application was received;
- summary of information requested;
- fees charged, if any;
- time taken to process the request;
- what information was released if any;
- if the application was rejected, the exemption
clause relied upon;
- if the application was rejected, whether
the rejection was apppealed and if so, what was the result
of the appeal.
At
a minimum, the information should be collected from APIOs, PIOs
and Appellate Authorities each month and collated and then sent
to the Government Department responsible for overall implementation
of the Act. This is what happened in Maharashtra under the now-repealed
State RTI law. Ideally, the information collected should also be
published every month on a government website, so that the public
can have ongoing information on how effectively the Act is being
implemented.
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