This Office Memorandum from the Ministry of Personnel, Public Grievances and Pensions emphasizes the critical importance of proper record maintenance for the success of the Right to Information (RTI) Act. It highlights a directive from the Central Information Commission noting that systematic failures in record-keeping lead to incomplete and misleading information, violating Section 4(1)(a) of the RTI Act. This non-compliance could result in compensation payments to complainants as per Section 19(8)(b) of the Act. The memorandum urges all Ministries, Departments, and public authorities to ensure that records are duly cataloged and indexed to facilitate the right to information, addressing this issue without further delay.
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No.12/192/2009-IR
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel \& Training)
North Block, New Delhi
Dated the $20^{\text {th }}$ January 2010
OFFICE MEMORANDUM
Subject: Maintenance of records in consonance with Section 4 of the RTI Act
The Central Information Commission in a case has highlighted that the systematic failure in maintenance of records is resulting in supply of incomplete and misleading information and that such failure is due to the fact that the public authorities do not adhere to the mandate of Section 4(1)(a) of the RTI Act, which requires every public authority to maintain all its records duly catalogued and indexed in a manner and form which would facilitate the right to information. The Commission also pointed out that such a default could qualify for payment of compensation to the complainant. Section 19(8)(b) of the Act gives power to the Commission to require the concerned public authority to compensate the complainant for any loss or other detriment suffered.
2. Proper maintenance of records is vital for the success of the Right to Information Act but many public authorities have not paid due attention to the issue despite instructions issued by this Department. The undersigned is directed to request all the Ministries/Departments etc. to ensure that requirements of Section 4 of the Act in general and clause (a) of sub-section (1) thereof in particular are met by all the public authorities under them without any further delay.
To
- All the Ministries / Departments of the Government of India
- Union Public Service Commission/ Lok Sabha Sectt./ Rajya Sabha’ Secretariat/ Cabinet Secretariat/ Central Vigilance Commission / President’s Secretariat/ Vice-President’s Secretariat/ Prime Minister’s Office/ Planning Commission / Election Commission
- Central Information Commission/State Information Commission
- Staff Selection Commission, CGO Complex, New Delhi
- Office of the Comptroller \& Auditor General of India, 10, Bahadur Shah Zafar Marg, New Delhi.
- All officers/Desks/Sections, Department of Personnel \& Training, Department of AR \& PG and Department of Pension \& Pensioners Welfare.