This communication from the Government of India’s Department of Personnel & Training to the Chief Secretaries of all States and Union Territories emphasizes the critical importance of Section 4 of the Right to Information Act, 2005. It outlines the obligation for public authorities to proactively disclose information to the public through suo-motu dissemination, reducing the need for citizens to file specific requests. Key takeaways include the mandatory cataloging and indexing of all records, with a priority on computerization and network connectivity. Public authorities are also required to publish specific information within 120 days of the Act’s enactment and update it annually. Furthermore, relevant facts concerning policy formulation and decisions impacting the public, along with reasons for administrative or quasi-judicial rulings, must be made public. The directive stresses that information dissemination should be cost-effective, accessible in local languages, and utilize the most effective communication channels, including electronic formats. Public authorities are urged to ensure compliance with these statutory obligations by issuing necessary instructions and developing mechanisms for oversight.
SOURCE PDF LINK :
Click to access 1_18_2007-IR-27032008.pdf
Click to view full document content
Subject: Maintenance of records and publication of information under the Right to Information Act, 2005.
Sir,
I am directed to say that section 4 of the Right to Information Act, 2005 sets out a practical regime of transparency in the working of the public authorities by way of disclosure of as much information to the public as possible, suo-motu, so that the public may not have to resort to section 6 . It is an important part of the Act observance of which is essential for its effective implementation.
2. Clause (a) of sub-section (1) of section 4 of the Act makes it obligatory for every public authority to maintain all its records duly catalogued and indexed. Record management in accordance with this provision is an important step to enable the Public Information Officers to furnish information sought under the Act. The clause also requires the public authority to have its records computerized and connected through a network all over the country. The public authorities are expected to complete the requirements of this clause on top priority.
3. Clause (b) of the sub-section ibid mandates the public authorities to publish the information mentioned therein within one hundred and twenty days from the date of enactment of the Act. It is expected that all public authorities might have complied with this requirement already. If it has not been done, its compliance may be ensured without any further delay. Information so published should also be updated every year as provided in the Act.
4. It is obligatory for all the public authorities under clause (c) of sub section (1) of section 4 of the Act to publish all relevant facts while formulating important policies and announcing decisions affecting the public. They, under clause (d), are also obliged to provide reasons for their administrative or quasi judicial decisions to the affected parties.
Section 4 of the Act requires wide dissemination of every information required to be disclosed suo motu in such form and manner which is accessible to the public. Dissemination may be done through notice boards, news papers, public announcements, media broadcasts, the internet or any other means. While disseminating the information, the public authority should take into consideration the cost effectiveness, local language and the most effective method of communication in the concerned local area. The information should be, to the extent possible, available with the Public Information Officer in the electronic format which could be made available to the people free of cost or at such price as may be prescribed. A copy of the document published, referred to in para 3, and also the copies of publications referred to in para 4 above, should be kept with an officer of the public authority and should be made available for inspection by any person desirous of inspecting these documents.
6. You are requested to issue necessary instructions to all public authorities under the State Government to comply with the above referred requirements of the Act. It is also requested that a mechanism may be developed in the State to ensure compliance of these statutory obligations.
