to on Date 23 08 2006 Karnataka

to on Date 23. 08. 2006

Karnataka Information Commission v The Right to Information Act received the assent of the President of India on 15 th June, 2005 and was published in the Extra Ordinary Gazette of India on 21 st June, 2005. v Sections like 4(1), 5(1)) (2) 12, 13, 14, 15, 16, 24 and 28 came into force at once. The remaining provisions of this Act came into force on the one hundred and twentieth day of its enactment. provisions theis say that all to That of the Act are fully operational from 12 th October, 2005.

Karnataka Information Commission The Right to information Act 2005 mandates annual reports to be submitted by the Central and State Information Commissions [Section 25(1), (3) & (4)]. The key provisions in the Act in this regard are : q the number of requests made to each public authority; q the number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of this Act under which these decisions were made and the number of times such provisions were invoked; q the number of appeals referred to the Central Information Commission or State Information Commission; as the case may be, for review, the nature of the appeals and the outcome of the appeals; …continued

Karnataka Information Commission q the amount of charges collected by each public authority under the Act; q any facts which indicate an effort by the public authorities to administer and implement the spirit and intention of this Act; q particulars of any disciplinary action taken against any officer in respect of the administration of this Act; q Recommendations for reform, including “recommendations in respect of particular public authorities, for the development, improvement, modernization, orreform amendment to this Act or other legislation or common law or any other matter relevant for operationalizing the right to access information

Karnataka Information Commission q Publication and tabling a copy of report of State Information Commission before each House of the State Legislature: q Section 25(4) requires that the State Government as soon as practicable after the end of each year, may place the Annual Report of the Commission before each house of the State Legislature.

Karnataka Information Commission v Under the ‘CAPACITY BUILDING for Access to Information project which is a joint initiative of the Department for Personnel and Training (DOPT), Government of India and United Nations Development Programme (UNDP), the DOPT has selected the Centre for Good Governance, Hyderabad and Yashwantrao Chavan Academy of Development Administration (YASHADA) , Pune as the National Implementing Agency for the project. At the State level, the concerned State Administrative Training Institute will act as State Implementing Agency.

Karnataka Information Commission v Soon after the RTI Act became operational the Karnataka Information Commission wrote to the Principal Secretaries / Secretaries of various departments on 21. 11. 2005 requesting them to collect & compile required information for preparation of annual report and make it available to the Commission. Further it was also requested that the required information in respect of quarter October – December 2005 may be furnished by 31 -01 -2006.

Karnataka Information Commission v Again the Commission wrote to all the Principal Secretaries / Secretaries on 03. 06. 2006 enclosing model templates in which PIOs and appellate authorities may send reports to the public authorities as also a templates in which the public authorities may submit information to the department. The Commission received some sporadic responses from few field offices but no consolidated report was received from any department.

Karnataka Information Commission Formats for reporting : From Name Tel No. R. T. I. Act - 2005 FORM –I Yearly report by SPIO to Public Authority. To Name, Designation and address of Public Authority , Designation and address of SPIO For the year of. . . . 200. . (from. . . . to. . . ) I-A] No. of requests received and charges collected during the year. No. of requests pending at the beginning of the year (a) No. of requests received during the year Directly (b) *Below Poverty Line Through Post (c) Through APIOs (d) Through other public authorities Total no. of requests received during the year (e) (f) (=b+c+d+e) Of the total requests, no. of requests from BPL* citizens (g) Amount of charges collected during the year on requests. (h)

Karnataka Information Commission Formats for reporting : From Name, Designation and address of SPIO Tel No. R. T. I. Act - 2005 FORM –I Yearly report by SPIO to Public Authority. To Name, Designation and address of Public Authority For the year of. . . . 200. . (from. . . . to. . . ) I-A] No. of requests received and charges collected during the year. No. of requests pending at the beginning of the year (a) No. of requests received during the year Directly (b) *Below Poverty Line Through Post (c) Through APIOs (d) Through other public authorities (e) Total no. of requests received during the year (f) (=b+c+d+e) Of the total requests, no. of requests from BPL* citizens (g) Amount of charges collected during the year on requests. (h)

Karnataka Information Commission Formats for reporting : Total No. of requests for disposal up to the end of the year No. of requests disposed the during the year. I-B] No. of requests disposed off during offyear Within time limit Total (j) (i) (=a+f) After the time limit (k) No. of request pending at the end of the year (l) (j+k) (m) (i-l) I-C] No. of requests where applicants were denied access to information along with relevant section of RTI Act, 2005 No. of cases in which access to information was denied (whether in full or part) under RTI Act, section no. . : 8(1)(a) 8(1)(b) n 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)(j) 9 11 Any other (give details) o p q r s t u v w x y z Total z. A I-D] Suggestions if any (on removal of difficulties or on any other matter for operationalizing the right to access information). Place: Date: Signature of the SPIO

Karnataka Information Commission Formats for reporting : RTI Act – 2005 FORM-II- Yearly report by Appellate Authority to Public Authority. To Name, Designation and address of Public Authority From Name, Designation and address of Appellate Authority Tel No. For the year of. . . …. 200…. (from. . . . to. . . . ) II-A] No. of appeals under consideration and charges collected. No. of pending appeals at the beginning of the year Through APIO (a) *Below Poverty line. No. of appeals received during this year Directly Total (=b+c) Of the total received, no. of appeals from BPL* *citizens (b) (c) (d) e) Total No. of appeals for disposal upto the end of the year (=a+d) (f) Amount of charges collected during the year on appeals (g)

Karnataka Information Commission Formats for reporting : II-B] No. of appeals disposed off No. of Appeals disposed off Appeals pending at the end of the year (=f-j) Within the limit After time limit Total (f+g) (h) (i) (j) (k) II-C] No. of appeals where orders of SPIO denying access to information were upheld. No. of cases in which access to information was denied and orders of SPIO were upheld (whether in full or part) under RTI Act, section No. . : 8(1)(a ) 8(1)(b ) 8(1)(c ) 8(1)(d ) 8(1)(e ) 8(1)(f ) 8(1)(g ) 8(1)(h ) 8(1)(i ) 8(1)(j ) 9 1 1 Any other (give details ) l m n o p q r s t u v w x Total y II-D] Suggestions if any (on removal of difficulties or on any other matter for operationalizing the right to access information. Place: Date: Signature of the Appellate Authority

RTI Act, 2005 FORM-III - Yearly Report by Public Authority to Department To Name, Designation and name of the Secretary/Principal Secretary of the Department Tel. No. From Name, Designation and address of Public Authority Tel No. For the year. . . 200…. from. . . to. . . ) III-A] Disposal of requests. No. of PIOs who have reporte d No. of PIOs who have not reported No. of requests for disposal (pending at the beginning of the year plus Nos. received during the year) b Total No. of PIOs under the Public Authority c d a No. of requests disposed off during the year within the time limit during the year No. of requests disposed After the time limit. Total No. of requests pending at the end of the year. f g (=e=f) h (=d-g) e Amount of charges collected during the year on requests i III-B] No. of requests where applicants were denied access to information whether in full or part along with relevant section of RTI Act, 2005. No. of cases in which access to information was denied (whether in full or part) under RTI Act section No. . : 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)(j) 9 11 Other s (give details) j k l m n o p q r s t u v Total w

Karnataka Information Commission Formats for reporting : III-C] No. of Appeals disposed off No. of Appellate Authoritie s under the Public Authority No. of Appellate Authoritie s who have reported No. of Appellate Authorities who have not reported Total No. of appeals for disposal (pending at the beginning of the year plus Nos. received during the year No. of appeals dispose d off within time limit No. of appeals disposed off after time limit. (b) (c) (d) (e) (f) (a) Total No. of appeals pending at the end of the year (=d-g) (=e+f) Amount of charges collected during the year on appeals. (h) (i) III-D] No. of appeals where orders of SPIO denying access to information were upheld. No. of cases in which access to information was denied (whether in full or part) under section: 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)(j) 9 11 Any other (give details) j k l m n o p q r s t u v Total w III-D] Suggestions if any (on removal of difficulties or on any other matter for operationalizing the right to access information. Place: Date: Signature of the Public Authority

Karnataka Information Commission Formats for reporting : RTI Act- 2005 Form-IV – Yearly Report by Department to Karnataka Information Commission From Name, Designation and address of the Secretary/Principal Secretary of the Department To Karnataka Information Commission, Bangalore. For the year of. . . . 200. . (from. . . to. . . ) IV-A] Report by Department Name of the public authori-ty No. of PIOs under the Public Authority Who have reported 1 3 Of the total , requests from BPL citizens Amount of charges collect-ed On requests during the year Total No. of requests disposed off Of the total disposed off, No. of requests disposed off after time limit 4 5 6 7 8 No. of requests pending at the end of the year (=4 -7) Remarks Who have nor repor t-ed 2 No. of requests for disposal (pending at the beginning of the year plus nos. received during the year) 9 10

Karnataka Information Commission Formats for reporting : IV-B] No. of requests where access to information was denied (whether in full or part) with relevant section of RTI Act, 2005 No. of cases in which access to information was denied (whether in full or part) under RTI Act, 2005 section no. : 8(1)(a) 8(1)( b) 8(1)( c) 8(1)( d) 8(1)( e) 8(1)( f) 8(1)( g) 8(1)( h) 8(1)( i) 8(1)( j) 9 11 Any other (give details) Total 12 13 14 15 16 17 18 19 20 2 1 22 23 24 11 IV-C] Report by Department – Appeals No. of Appellate Authorities (AAs) No. AAs who have reported No. of AAs who have not reported No. of appeals for disposal (pending at the beginning of the year plus received during the year end No. of appeals disposed of within time limit 1 2 3 4 5 No. of appeals disposed off after time limit 6 No. of appeals pending at the end of the year Amount of charges collected on appeals during the year Remarks 7 8 9

Karnataka Information Commission Formats for reporting : IV-D] No. of appeals where orders of PIO denying access to information were upheld with relevant section of RTI Act, 2005. No. of cases in which access to information was denied (whether in full or part) under RTI Act, section no. . : 8(1)(a) 8(1)(b) 8(1)(c) 8(1)(d) 8(1)(e) 8(1)(f) 8(1)(g) 8(1)(h) 8(1)(i) 8(1)(j) 10 11 12 13 14 15 16 17 18 19 9 11 20 21 Any other (give details) Total 22 23 IV-E] Classification of applications No. of applications received directly 1 No. of applications received through post 2 No. of applications received through APIOs 3 No. of applicat-ions received through other PIOs 4 Total No. of applications for consideration during the year 5 No. of BPL applications 6 No. of applications disposed off during the year 7 No. of applications under RTI Act pending at the end of the year 8

Karnataka Information Commission Formats for reporting : IV-F] Classifications of appeals No. of appeals received directly 1 No. of appeals received through APIOs 2 Total No of appeals for consideration during the year. No. of appeals from BPL citizens received during the year No. of appeals disposed off during the year. 3 4 5 No. of appeals under RTI Act pending at the end of the year. 6 IV-G] Suggestions if any (on removal of difficulties or on any other matter for operationalizing the right to access information) Place: Signature of the Secretary/ Date: Principal Secretary

Karnataka Information Commission v v v Under capacity building for access to information the Center for Good Governance, Hyderabad and the Yashwantrao Chavan Academy of Development Administration, Pune, prepared a guide for preparation of the annual reports which contains suggested formats for reporting by SPIOs to the First appellate authorities, appellate authorities to the departments, and departments to the Commission. These formats are slightly different from the formats designed by the Commission. However the Commission thought that any changes at this stage may create confusion. Therefore it is suggested that for this year the formats suggested by the Commission may be adopted for reporting. From next year onwards the formats designed by the center for good governance may be considered for reporting. The formats suggested by the Commission have been designed for collecting information every month. These would need minor modifications for yearly reporting.

Karnataka Information Commission v v Section 25 (1) of the Act states that the State Information Commission, as soon as practicable after the end of each year, prepare a report on the implementation of the provision of the this Act during that year and forward a copy thereof to the appropriate government. The Commission has so far considered financial year as the reference year for preparation of the Annual Report. However there has been very little progress in getting the information from concerned departments. A suggestion has been received to shift the reference year. Since the Act came into force from 12 th October 2005, implementation of the Act may be taken as having commenced from 12 th October 2005 and as such the reference year could be October-September.

v Karnataka Information Commission THANK YOU