CMYK

R A J B H AVA N
HYDERABAD-500 041
GOVERNOR
ANDHRA PRADESH

E.S.L. Narasimhan

(E.S.L. Narasimhan)
 HYDERABAD

CHIEF MINISTER
ANDHRA PRADESH
N. KIRAN KUMAR REDDY

(N. KIRAN KUMAR REDDY)

 AP Information Commission

SIXTH ANNUAL REPORT 2011

CONTENTS

SL.NO ITEM PAGE NO

1 INTRODUCTION 1
1-2
2 RULES NOTIFIED UNDER RTI ACT

3 COMPETENT AUTHORITIES 2
EXEMPTIONS ISSUED BY GOVERNMENT OF INDIA & GOVERNMENT OF
4 ANDHRA PRADESH 3

5 PIOs / APPELLATE AUTHORITIES 4

6 APPLICATIONS RECEIVED U/S 6(1) AND AMOUNT OF FEE COLLECTED 4

7 DATA U/S 4(1)(b) & 5(1)(2) 4-5

8 TRAINING 5

9 AWARENESS CAMPAIGNS / PROGRAMMES 6

10 PUBLICITY MATERIAL 6-7

11 COMMISSION’S ROLE 7

12 WEB BASED SERVICES FROM COMMISSION 8

13 FILE TRACKING SYSTEM 8

14 VIDEO CONFERENCING 8

15 ANNUAL REPORT AND ITS PREPARATION 9-10

16 STATUS OF RTI APPLICATIONS FILED IN THE STATE 11

17 STATUS OF RTI FIRST APPEALS U/S 19(1) IN THE STATE 11

STATUS OF RTI SECOND APP EALS, COMPLAINTS AND OTHERS FILED AND
18 12-14
DISPOSED IN THE COMMISSION
19 PENALTIES 15-20

20 NATIONAL CONVENTIONS 21-23

21 HIGH COURT CASES 24-26

22 COMMISSION’S HEARINGS OUTSIDE THE HEAD QUARTERS 27

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23 VIP VISITS AND IMPORTANT EVENTS 27

24 STAFF 28

25 BUDGET ALLOCATIONS 28

26 ACCOUNTANT GENERAL’S AUDIT 29

27 CENTRAL GOVERNMENT’S PLAN SCHEMES 29

28 INNOVATIVE STEPS IN COMMISSION’S OFFICE 29

29 IMPORTANT NEWS ITEMS ON RTI PUBLISHED IN THE PRESS 30-33

30 SUCCESS STORIES ON RTI PUBLISHED IN THE PRESS 34-35

31 IMPORTANT DECISIONS OF A.P. INFORMATION COMMISSION 36-39

32 RECOMMENDATIONS 40-42

33 LETTERS OF APPRECIATION 43-44

34 IMPORTANT INSTRUCTIONS OF STATE GOVERNMENT 45-52

35 OFFICE MEMORANDA OF GOVERNMENT OF INDIA 53-92

36 NATIONAL FEDERATION OF INFORMATION COMMISSIONS IN INDIA 93-96

37 PHOTO FEATURES 97-99

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ANNEXURES

WORK SHOPS, SEMINARS, MEETINGS, FIELD VISITS AND

1 2-4
HEARINGS OF COMMISSION IN 2011 (ANNEXURE-A)

2 DETAILS OF APIOs/PIOs/AAs OF SECRETARIAT (ANNEXURE-B) 5-22

3 DETAILS OF APIOs/PIOs/AAs OF HODs (ANNEXURE-C) 23-67

4 DETAILS OF APIOs/PIOs/AAs OF COLLECTORS’ OFFICES (ANNEXURE-D) 68-71

5 DETAILS OF APIOs/PIOs/AAs OF S.Ps’ OFFICES (ANNEXURE-E) 72-75

DETAILS OF APPLICATIONS RECEIVED, DISPOSED AND

6 76-88
PENDING IN THE STATE (ANNEXURE-F)
DETAILS OF 1st APPEALS RECEIVED, DISPOSED AND
7 89-101
PENDING IN THE STATE (ANNEXURE-G)

8 DEPARTMENT WISE ONLINE UPDATIONOF DATA U/s.4(1)(b) (ANNEXURE-H) 102-113

9 DEPARTMENTWISE ONLINE UPDATION OF DATA U

/s.5(1)&(2) (ANNEXURE-I) 114-124

10 REGISTERS I & II - PROFORMAE (ANNEXURE-J) 125-126

11 QUARTERLY RETURNS – PROFORMAE (ANNEXURE-K) 127-134

12 REASONS FOR REJECTION OF APPEALS (ANNEXURE-L) 135

NUMBER OF PIOs & 1ST APPELLATE AUTHORITIES IN THE STATE

13
(ANNEXURE-M) 136-146

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Annual Report - 2011

THE RIGHT TO INFORMATION ACT, 2005
(No. 22 of 2005)
(This Act of Parliament received the assent of the President of India on the 15th June, 2005
and was published for general information on the 21st June, 2005)

1. INTRODUCTION:
Consequent to enactment of Right to Information Act, 2005 the State Government have constituted
Andhra Pradesh Information Commission vide G.O.Ms.No.504, G.A.(I&PR.II) Department, dated
12-11-2005. The Commission started functioning from 15-11-2005 and completed 6 years.

The present Chief Information Commissioner Shri Jannat Husain, IAS (Retd.,) was appointed on
19-07-2010 through G.O.Ms.No.393, G.A (RTIA/GPM&AR) Department, dated 19-07-2010. The
State Government is taking steps for appointment of more Information Commissioners.

The Chief Information Commissioner and 3 Information Commissioners functioned earlier during
the periods mentioned against each one shown below :-
From To
Sri C.D. Arha, IAS (Retd), Chief Information Commissioner : 15-11-2005 – 01-07-2010
Sri Ambaty Subba Rao, Information Commissioner : 15-11-2005 – 14-11-2010
Sri K. Sudhakara Rao, Information Commissioner : 15-11-2005 – 14-11-2010
Sri R. Dileep Reddy, Information Commissioner : 16-11-2005 – 15-11-2010

2. RULES NOTIFIED UNDER RTI ACT:

According to Section 27(1), the appropriate Government may by notification in Official Gazette,
make rules to carryout the provisions of this Act. The State Government through G.O.Ms.No.454,
G.A. (I&PR.II) Dept., dated: 13-10-2005 issued the Andhra Pradesh Right to Information (Regulation
of Fee and Cost) Rules, 2005, prescribing the application fee, cost of material and mode of payment
(through Cash/ Demand Draft/ Banker’s Cheque). Keeping in view the difficulties faced by the
public and for the convenience of the citizens, on the recommendations of the A.P. Information
Commission, the Government vide G.O.Ms.No.740, G.A (Coordn.,GPM&AR) Dept.,
dated 01-10-2007 issued further orders making a provision for its payment through Postal Orders
and Court Fee Stamps also. According to these rules no application fee is necessary for applicants
who belong to BPL (Below Poverty Line) category and also for the applications filed at village level.

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The application fee and the cost of the material to be charged for providing information shall be
remitted to the following Head of Account through challan:-

“0070 – Other Administrative Services –

60 – Other Services–
MH 118 – Receipts under Right to Information Act, 2005-
SH 25 – Receipts under Right to Information Act, 2005"

Appeal Procedure Rules, 2006 for A.P. Information Commission:

State Government through G.O.Ms.No.66, G.A. (I&PR.II) Department, dated 25-02-2006 issued
State Information Commission (Appeal Procedure) Rules, 2006 prescribing the detailed procedure
of filing appeals such as contents of appeal, documents to accompany an appeal, procedure to be
followed in deciding an appeal, service of notice/summons by Commission, personal appearance
of the appellant / complainant etc.

3. COMPETENT AUTHORITIES:
Under Section 2(e) of the RTI Act, 2005, the following authorities are defined as
Competent Authorities:-
1. Speaker of the Legislative Assembly of a State and the Chairman in the case of Legislative
Council of a State.
2. The Governor
3. The Chief Justice of the High Court in the case of High Court.
According to Section 28(1), the Competent Authority also may, by notification in the Official Gazette,
make rules to carry out the provisions of this Act.
Accordingly the Andhra Pradesh Legislative Assembly Secretariat issued Right to Information
(Regulation of Fee and Cost) Rules, 2006 in G.O.Ms.No.27, Legislature (OP.I), dated 16-6-2006.
The Andhra Pradesh Legislative Council is also following the same rules.
The Governor’s Secretariat through O.O. No. 69, dated 07-03-2008 adopted for itself the Rules of
A.P. Right to Information (Regulation of Fee and Cost) Rules 2005 issued by the State Government
through G.O.Ms.No.454, G.A.(I&PR.II) Dept., dated 13-10-2005, G.O.Ms.No.530, G.A.(I&PR.II) Dept,
dated 29-11-2005; G.O.Ms.No.545, G.A.(I&PR.II) Dept., dated 12-12-2005 and G.O.Ms.No.740,
G.A.(GPM&AR) Dept., dated 01-10-2007.
The Hon’ble Chief Justice of the High Court of Andhra Pradesh has issued A.P. High Court (Right to
Information) Rules, 2005 in ROC No. 852/SO/2005, published in A.P. Gazette, Rules Supplement
to Part-II Extra Ordinary No. 50, dated 09-11-2005.

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4. EXEMPTIONS ISSUED BY GOVERNMENT OF INDIA & GOVERNMENT

OF ANDHRA PRADESH.
(i) Government of India.
In the second schedule to the RTI Act, 2005, the Government of India notified the following Intelligence
and Security Organizations established by the Central Government exempting them under Section
24 of the Act.
1. Intelligence Bureau.
2. Research and Analysis Wing of the 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 Force.
9. Border Security Force.
10. Central Reserve Police Force.
11. Indo-Tibetan Border Police.
12. Central Industrial Security Force.
13. National Security Guards.
14. Assam Rifles.
15.Special Service Bureau
16. Special Branch (CID), Andaman and Nicobar.
17. The Crime Branch-C.I.D. CB, Dadra and Nagar Haveli
18. Special Branch, Lakshadweep Police
(ii) State Government.
Government of Andhra Pradesh in exercise of the powers u/s 24(4) of the RTI Act, 2005, have
exempted the following 7 (seven) Intelligence and Security Organizations of the State Govt.,
through G.O.Ms.No.667, G.A.(GPM&AR) Dept., dated 03-09-2007:-
(1) State Intelligence Dept. and its Special Intelligence Branch, State Security Wing.
(2) State Greyhounds Organization.
(3) All District Special Branches under the control of Superintendents of Police.
(4) All Security Units in the Districts under the Superintendents of Police.
(5) APSP - Andhra Pradesh Special Police.
(6) SPF - Special Protection Force.
(7) SARCPL - State Armed Reserve Central Police Line.

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5. PUBLIC INFORMATION OFFICERS (PIOs) / APPELLATE AUTHORITIES (AAs):

Under Section 5(1)&(2) of the Act, the Public Authorities in the State have designated Public
Information Officers (PIOs) and Asst. Public Information Officers (APIOs). Under Section 19(1), 1st
Appellate Authorities were designated in their respective Public Authorities. Public Authorities have
exhibited Boards at prominent places in their offices showing the names, designations and the
telephone numbers of PIOs, APIOs and 1st Appellate Authorities. The total number of PIOs designated
under RTI Act are 1,70,390 and 1st Appellate Authorities are 6,723 for year ending 31-12-2011 in the
State. The particulars of APIOs, PIOs and Appellate Authorities in Secretariat Departments, Heads
of Departments, offices of District Collectors and offices of Superintendents of Police are shown at
Annexures – B, C, D & E. A statement showing the department-wise number of PIOs and first
Appellate Authorities is at Annexure-M.

6. APPLICATIONS RECEIVED U/S 6(1) AND AMOUNT OF FEE COLLECTED:

During the year 2011, the Public Information Officers received 1,22,133 applications and the total
amount collected towards application fee and cost of material is Rs.19,06,599/-. The
department-wise particulars showing the total number of applications received u/s 6(1) by the Public
Information Officers, the number of applications to which information was furnished, the number of
applications rejected in the State under various provisions of the RTI Act and the amount collected
towards application fee and cost of material during the year 2011 are shown at Annexure-F.

7. DATA UNDER SECTION 4(1)(b) & 5(1)&(2):

Efforts are being made by the Commission to ensure that the requirements u/s 4(1)(b) and 5(1)&(2)
are implemented by the public authorities. The Commission during the various meetings held with
the public authorities and during the seminars and interactive sessions arranged by the Civil Society
Organisations explained the effectiveness of the RTI Act and impressed on the public authorities to
see that the various requirements u/s 4(1)(b) and 5(1)&(2) are implemented. As a result, almost all
the Public Authorities have prepared information under section 4(1)(b), about their organizations,
functions, duties, powers, regulations etc. in 17 sub-heads and also designated APIOs, PIOs under
Sec. 5(1) and (2) and Appellate Authorities under Sec.19(1) and these are made available in their
offices. The details of implementation of 4(1)(b) and 5(1)&(2) in respect of Competent Authorities,
Secretariat Departments and Heads of Departments are as follows:-

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The A.P. Information Commission has transferred all the data available in the Departmental websites
and also A.P. Online to the website of the A.P. Information Commission (www.apic.gov.in) for the
convenience of the public.
The details of online updates of data u/s 4(1)(b) are shown in Annexure-H and the data on
Sec.5(1)&(2) is shown in Annexure-I.

8. TRAINING:
The Commission recognized the critical need, for proper training of the Public Information Officers,
Appellate Authorities and pursued with the Director General, Dr.MCR HRD Institute, Director General,
Centre for Good Governance (CGG) and District Collectors. As a result, the MCR HRD Institute,
CGG and District Collectors have conducted training programmes for Public Information Officers,
APIOs and Appellate Authorities during the year 2011 both at Hyderabad and at District Headquarters.
The details of training programmes conducted by Dr. MCR HRD Institute on RTI Act (district-wise)
during the year 2011 are as follows:-

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9. AWARENESS CAMPAIGNS / PROGRAMMES:

The A.P. Information Commission fully recognizes that there is an urgent need to improve the
awareness among the public so that the benefits of the RTI Act reach to all sections of people of the
State. The Commission considered it absolutely imperative to conduct awareness campaigns,
particularly in rural areas to popularize the provisions of the RTI Act. The Chief Information
Commissioner held discussions with the Prl.Secretary, GA(GPM&AR) Department, Director General,
Dr.MCRHRD Institute, Director General, Centre for Good Governance (CGG) and Special
Commissioner, I&PR Department and finalized the following awareness programmes. The action
taken in this regard is shown below:-

1. CGG, Hyderabad has developed three one-minute-films (in Telugu and Hindi) on RTI. These
have been developed by CGG under the ‘Capacity Building for Access to Information Project’
for which the Department of Personnel and Training (DoPT), Government of India (GoI) was
the ‘National Executing Agency’.

2. CGG has also prepared an ‘Animation Film’ on RTI. Two versions of this film: “Samachara
Vijayam” (Telugu) and “Soochanaa Ki Safaltaa” (Hindi) are available on CGG’s portal on RTI
i.e. www.rti.org.in.

3. Under the CBAI Project, CGG, Hyderabad had also developed an ‘e-Learning Module
(e-LM) for PIOs’, which was available online as well as on a CD-in-a-multi-colour-case.

4. At present a value-added version of the e-LM has been developed by CGG – for DoPT,
GoI – in the form of an ‘Online Certificate Course on RTI’. This course can be taken by
anybody from anywhere in the world by completing a simple registration procedure.

A list of awareness programmes, seminars etc., attended by the Commission is at

Annexure-A.

10. PUBLICITY MATERIAL:

(a) State Resource Centre for Adult & Continuing Education (SRC-SPACE)-Kits
State Resource Centre for Adult & Continuing Education (SRC-SPACE) has brought out a Kit
containing 18 Booklets with small stories on RTI and how the Act can be used to know the information
on laying of roads in the villages, distribution of essential commodities through Fair Price Shops,
availability of medicines in Government hospitals, details of government and Sikham lands, sanction
of pensions, sanction of house sites, job card under NREG, details of tanks etc.

(b) Publicity material through CGG

The A.P. Information Commission got printed through CGG User Guides; Manuals for Public
Authorities; PIOs and Appellate Authorities; Guides for Civil Society Organizations, Media and Citizens
and distributed them to various public authorities along with 17 templates on Sections 4(1)(b) and
5(1)&(2).

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(c) RTI Booklets for PIOs:

During the years 2007, 2008, 2009, 2010 and 2011 the A.P.Information Commission got printed
Booklets containing RTI Act, Rules made under the Act and copies of GOs and other instructions
issued by both the State Government and Government of India for distribution to the PIOs during
training programmes as shown below:-

11. COMMISSION’S ROLE:

A.P. Information Commission has been taking a pro-active role and regularly reviewing the work of
the Public Authorities at the Secretariat, Heads of Departments and the District levels.
The main focus of the review meetings at Secretariat, Heads of Departments and District level
officers is to ensure proper operationalisation of Sections 4(1)(b) and 5(1)&(2) and update them
whenever there are changes during the period u/s 5(1)&(2) and add additional information if any
U/s 4(1)(b). Thus, the Commission has been regularly reviewing this important item of work as
these are the two provisions which form the very foundation on which the entire structure of the RTI
Act is built. Apart from the high alertness and the priority indicated for suo-motu disclosure
U/s 4(1)(b) and the pre-requisite capacity building u/s 5(1)&(2), the visits by Chief Information
Commissioner and Information Commissioners went a long way in sensitizing the public authorities
at the District / Sub-Division / grass root levels on the aims and objectives of the RTI Act and the
sincerity and commitment through which it should be implemented. In addition to reviews, Chief
Information Commissioner conducted surprise inspections at various offices located in Nizamabad
District.
From the inception, the Commission visited the Districts and held review meetings with District
Collectors and District Level Officers on the implementation of Sections 4(1)(b) and 5(1)&(2) and
also on the status of disposal of the applications and preparation and submission of progress
reports for compilation of Annual Reports. The district visits by the Chief Information Commissioner
bringing large scale awareness among the public through Press and Electronic Media.
During the year 2011, the Commission held review meetings at Nalgonda, Mahaboobnagar,
Hyderabad, Vijayawada, Visakapatnam, Karimnagar, Tirupathi, Warangal and Nizamabad with the
Collectors and other district level officers and reviewed the progress of implementation of the RTI
Act, disposal of applications and appeals by the PIOs and 1st Appellate Authorities respectively,

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implementation of Sec.4(1)(b) and Sec.5(1)&(2) requirements, submission of quarterly reports and

finalization of data for Annual Reports etc.

12. WEB BASED SERVICES FROM COMMISSION:

The availability of internet centers even in rural areas has made available the facility of browsing
the websites. In view of this, the A.P. Information Commission has provided access to its information
to the public by accessing the website of the Commission (www.apic.gov.in). The appellants /
complainants can know the status of their cases as also the final orders issued. The A.P. Information
Commission is ensuring that all orders issued by the Commission are uploaded in its website
regularly on weekly basis after the disposal of each case. At present any appellant / complainant
can click a computer button and ascertain on the internet, from any place in the State or Country
about the status of his appeal / complaint. Further, the following information is also available in the
Commission’s website for ready reference of the public:-
 Bio-Data particulars of the Chief Information Commissioner.
 G.Os pertaining to A.P. Information Commission
 Constitution of Commission
 RTI Act, 2005 in Telugu, English, Hindi and Urdu
 Regulation of Fee and Cost Rules, 2005
 State Information Commission (Appeal Procedure) Rules, 2006
 Circular Memos issued on RTI Act, 2005.
 Data u/s 4(1)(b) of A.P. Information Commission.
 Management Regulations of A.P. Information Commission.

13. FILE TRACKING SYSTEM:

The Commission in association with Centre for Good Governance (CGG) has developed File Tracking
System for its office. All the tappal received at Reception / Inward level are being entered online in
the proforma prescribed in the computer through auto generated tappal numbering system and
acknowledgement slip is being issued instantly across the table to those who present their appeals
/ complaints in person in Commission’s office. The status of the cases is also being updated from
time to time after disposal of each case. The appellant / complainant can know the status of his
case and final order passed from the click of a button on computer from any location in the State or
the Country.

14. VIDEO CONFERENCING: -

With the funds released by the Government of India, the Commission has installed Video
Conferencing facility in the Commission and started hearing appeals through Video Conferencing.

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This facilitates the Commission to dispose of cases through Video Conferencing by dispensing the
personal appearance of the appellants and respondents to travel all the way to Hyderabad.

15. ANNUAL REPORT & ITS PREPARATION:

Under Section 25(1)&(4) of the RTI Act, 2005, the State Information Commission shall prepare at
the end of each year a report on the implementation of the provisions of this Act in the State. The
report prepared shall be forwarded to the Government which in turn will lay it before each House of
the State Legislature. Section 25(2) requires that each department, in relation to the public authorities
within their jurisdiction, collect and provide such information to the State Information Commission,
as is required to prepare the report under this section and comply with the requirements concerning
the furnishing of that information and keeping of records for the purposes of this section.
At the request of A.P. Information Commission, the State Government vide G.O.Rt.No.6488,
G.A.(GPM&AR) Dept., dated: 20-11-2006 issued instructions that each Public Information Officer
shall maintain Register-I in the prescribed proforma for recording the status of requests received
from persons seeking information u/s 6(1) of the RTI Act. It should also contain the details of
requests received, disposed, rejected and pending along with the amount collected towards
application fee and charges for providing information.
Similarly, each 1st Appellate Authority shall maintain Register-II in the prescribed proforma for
recording the details of appeals filed before him / her such as the date of receipt, the PIO against
whose decision appeal was filed and its final disposal.
The information has to be collected from each Public Information Officer right from the field level
and have it transmitted upto Secretariat level through the District officer and Head of the Department
at State level. In order to facilitate the collection and transmission of information, four critical stages
have been identified as shown below and identical proforma for furnishing information at all these
four stages has been prescribed:-

Proforma A:
Each Public Information Officer (PIO) shall prepare information in Proforma-A from the particulars
maintained in Register-I and submit to District Officer of his Department at the end of each quarter.

Proforma B:
Each District Officer shall collect information from all the PIOs working under him / her control and
consolidate the information of the District in Proforma-B after including the details of his own office
and submit it to the Head of the Department.

Proforma C:
Each Head of the Department will collect the information from all the District Officers of all the
Districts and prepare a consolidated statement after including the details of his own office in Proforma-
C and submit to the concerned Secretariat Department.
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Proforma D:
Each Secretariat Department will collect the information from all the Heads of Departments and
other units under its control, such as Universities, Corporations etc. and prepare a consolidated
statement in Proforma-D including the details of the Secretariat Department and submit the same
to the A.P. Information Commission for the preparation of Annual Report.

Proformae – E, F, G and H:
Similarly, proformae E,F,G and H have been prescribed for submission of quarterly reports relating
to 1st Appellate Authorities at identical four stages, as prescribed for Public Information Officers.

Submission of Annual Reports of 2006, 2007, 2008, 2009 and 2010:

Under Sec.25 (1) & (4) of the RTI Act, 2005, the State Information Commission shall prepare at the
end of each year a report on the implementation of the provisions of this Act in the State and
forward it to the State Government. Accordingly, the Annual Reports of the Commission were
prepared for the last 5 (five) years and forwarded to the State Government and they were placed
before the State Legislature on the dates shown below:-
2006 …….. 30-03-2007 (Legislative Assembly)
2007 …….. 27-03-2008(LegislativeAssembly)
28-03-2008 (Legislative Council)
2008 …….. 31-08-2009 (Legislative Assembly & Legislative Council)
2009 …….. 29-03-2010 (Legislative Assembly & Legislative Council)
2010 …….. 29-03-2011 (Legislative Assembly & Legislative Council)

Annual Report - 2011 (from 01-01-2011 to 31-12-2011)

In consultation with the Centre for Good Governance, the A.P. Information Commission has developed
programme (software) to transmit the information online to the A.P. Information Commission directly
from all the offices. The proformae of Registers I & II are at Annexure-J and forms of quarterly
reports, A to H are at Annexure-K.
The Government of Andhra Pradesh issued instructions to all the concerned vide letter No.10227/
RTIA/GPM&AR/2011 dated 13-04-2011 reiterating the orders issued in the G.O.Rt.No.6488, G.A.
(GPM&AR) Department, dated 20-11-2006 to furnish quarterly reports as mentioned below:-
First quarter ending 31-03-2011 - by 20-04-2011
Second quarter ending 30-06-2011 - by 20-07-2011
Third quarter ending 30-09-2011 - by 20-10-2011
Fourth quarter ending 31-12-2011 &
Annual Report 1-1-2011 to 31-12-2011 - by 20-01-2012

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16. STATUS OF RTI APPLICATIONS FILED IN THE STATE:
The number of applications received U/s 6(1) by Public Information Officers in all Departments in
the State and their disposal during the year 2011 (01-01-2011 to 31-12-2011) including opening
balance as on 01-01-2011 are shown below:-
(a) Opening Balance as on 01-01-2011 : 9,955
(b) Total Applications received : 1,22,133
(c) Total Applications ( a + b) : 1,32,088
(d) Total Applications disposed : 1,17,819
(e) Total Applications pending : 14,269

DISPOSAL STATUS OF RTI APPLICATIONS FILED U/S 6(1) IN THE STATE:

Out of 1,17,819 applications disposed in the State during the year 2011, information was
furnished for 1,11,778 applications and information was rejected in respect of 6,041
applications. The classification of disposals and their percentages are given hereunder:-
Information furnished : 1,11,778
Rejected : 6,041
Total : 1,17,819

17. STATUS OF RTI FIRST APPEALS U/S 19(1) IN THE STATE:

Out of 13,175 first appeals (OB 1,294 + 11,881 received in 2011), the first Appellate Authorities
have disposed 11,406 (Annexure-G)
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18. STATUS OF RTI SECOND APPEALS, COMPLAINTS AND OTHERS FILED AND DISPOSED
IN THE COMMISSION:
A.P. Information Commission has received 13,416 currents during the year 2011 in the form of
appeals/ complaints/ others. The details of their receipts and disposal are as shown below:-

* Based on the actual disposal, the closing balance of 6,404 as on 31-12-2010 has been re-classified as
Appeals – 5,044 (for 5,162); Complaints – 599 (for 644) and Others – 761 (for 598) – Total 6,404

(a) DEPARTMENT-WISE RECEIPT OF APPEALS/ COMPLAINTS IN THE COMMISSION:

The Department wise number of second appeals/ complaints received in the Commission during
the year 2011 are as follows:-

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(b) DISTRICT-WISE RECEIPT OF SECOND APPEALS / COMPLAINTS IN THE COMMISSION:
The District wise number of 2nd appeals / complaints received in the A.P. Information
Commission during the year 2011 are as follows:-

(c) REGION WISE 2nd APPEALS/ COMPLAINTS FILED IN THE COMMISSION:

The percentages of region-wise receipts of appeals and complaints in the A.P. Information
Commission during the year 2011 are as follows:-

Telangana - 44.84%
Andhra - 39.87%
Rayalaseema - 15.29%

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(d) RURAL/ URBAN RECEIPTS IN A.P. INFORMATION COMMISSION:

The Commission has observed that there was urgent need to improve the level of awareness
among the rural public so that the benefits of the RTI Act reach all sections of the State. Efforts have
been made to popularize the provisions of the Act by conducting awareness campaigns particularly
in rural areas. As a result, it is most gratifying to note that the total number of appeals/ complaints
received in the Commission from rural areas increased from 11% in 2006 to 45% in 2011 as shown
below:-
Year Percentage of receipt
from rural areas

This is an encouraging and significant development.

(e) DISPOSAL STATUS OF ALLOWED & REJECTED SECOND APPEALS/ COMPLAINTS FILED
IN A.P. INFORMATION COMMISSION
The Commission finally disposed 1,639 appeals/complaints during the year 2011. The following is
the classification of the appeals and complaints disposed in the Commission:-
Allowed : 1,305
Rejected : 334
Total : 1,639

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19. PENALTIES IMPOSED:

Section 20 of the Act which provides for imposition of penalties and disciplinary action is reproduced
below:-

20(1): Where the State Information Commission, at the time of deciding any complaint or appeal is
of the opinion that the State Public Information Officer, has, without any reasonable cause,
refused to receive an application for information or has not furnished information within the
time specified under sub-section (1) of Section 7 or malafidely denied the request for
information or knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in furnishing
the information, it shall impose a penalty of two hundred and fifty rupees each day till
application is received or information is furnished, so however, the total amount of such
penalty shall not exceed twenty five thousand rupees:-
Provided that the State Public Information Officer shall be given a reasonable opportunity of
being heard before any penalty is imposed on him;
Provided further that the burden of proving that he acted reasonably and diligently shall be
on the State Public Information Officer.

20(2): Where the State Information Commission at the time of deciding any complaint or appeal is
of the opinion that the State Public Information Officer has without any reasonable cause
and persistently, failed to receive an application for information or has not furnished information
within the time specified under sub-section (1) of Section 7 or malafidely denied the request
for information or knowingly given incorrect, incomplete or misleading information or destroyed
information which was the subject of the request or obstructed in any manner in furnishing
the information, it shall recommend for disciplinary action against the State Public Information
Officer under the service rules applicable to him.

The Hon’ble High Court of Punjab and Haryana at Chandigarh in its decision in C.W.P No.19864
of 2008 dated 25-11-2008 examined and rejected the plea that the Chief Information
Commissioner is bound to initiate proceedings under Section 20 of the Right to Information
Act, 2005 and held as follows : -
“Whether the proceedings under Section 20 of the Act are to be initiated by State Information
Commissioner or not is dependent upon the satisfaction of the Competent Authority. Section 20 of
the Act is a provision to enable the Authority to initiate penalty proceeding but there is no right with
the petitioner to compel the initiation of penalty proceedings against defaulting public authority.
The provisions of Section 20 of the Act are only directory. Therefore the present writ petition to
compel initiation of proceedings under Section 20 of the Act is not tenable.”
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Keeping the above provisions of the Act in view, the Commission is taking action against the
respondent officers for any defaults or deficiencies in providing the information sought. It is the
experience of the Commission that in almost all the cases, the respondents are appearing before
the Commission duly furnishing the information sought to the appellants.

The details of penalties imposed on Public Information Officers by the Commission from its inception
are given below:

Commission
Order Number
and Date
Balanagar (M)

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Commission
Order Number
and Date

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Commission
Order Number
and Date

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Commission
Order Number
and Date

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Commission
Order Number
and Date

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20. NATIONAL CONVENTIONS:

The Central Information Commission has held Annual Conventions of the Central Chief Information
Commissioner, the Central Information Commissioners, all State Chief Information Commissioners
and all State Information Commissioners of all State Information Commissions in New Delhi during
the last six years on the dates shown below:-

On 14th October 2011, during the 6th Annual Convention 2011, Hon’ble Shri Satyananda Mishra,
Central Chief Information Commissioner gave the welcome address and the inaugural address
was given by Dr. Manmohan Singh, Hon’ble Prime Minister of India. Extracts of the press note
issued by the Central Information Commission after the conclusion of the 6th Annual Convention
2011 are reproduced below:

Extracts from press note on 6th Annual Convention, 2011 issued by the
Central Information Commission

The first day of 6th Annual Convention of the Central Information Commission commenced with
inauguration of the event by Hon’ble Prime Minister of India, Dr. Manmohan Singh. Shri Satyananda
Mishra, Chief Inforamtion Commissioner, Central Information Commission, Shri M. L. Sharma,
Information Commissioner, Central Information Commission, Shri Narayanasamy, Minister of State
for Personnel, Public Grievances & Pensions, Government of India and Smt. Alka Sirohi, Secretary,
DoP&T were present on the dias.
Shri Satyananda Mishra, Chief Information Commissioner welcomed the guests on the occasion of
completion of sixth year of the implementation of RTI Act. He stated that in a short period of six
years, this law has found its way into the daily conversation of people. It is not uncommon to hear
people say ‘I will RTI if so-and-so is not done.’ It has become a verb. He opined that the Right to
Information (RTI) Act is the second most important legal document we have given to ourselves after
the Constitution of India.

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In his opening address Hon’ble Minister for Personnel, Public Grievances & Pensions Department
stated that the knowledge is power and the transparency is solution. The Government is making all
efforts for making the people aware. He also stated that the Government has recently created an
identity for the RTI Act in the form of an Anthem. The Hon’ble Minister exhorted that the Indian law
on the Right to Information is a model and unique legislation for the developing world. Government
of the day has been working steadily towards creating the culture of openness in place of the
culture of secrecy.

Dr. Manmohan Singh, the Prime Minister while inaugurating the convention stated that the conference
of the Commissioners is very important. He said that he had the opportunity to address the third
annual convention of Information Commissioners in November 2008. He observed that three more
years have passed since he made observations in regard to the benefits of RTI Act and he can say
with confidence that the Right to Information Act is now being more extensively and effectively used
to bring into public gaze many areas of the work of public authorities which would otherwise have
remained hidden from public gaze. He concluded by stating that I expect the 6th Convention of the
Information Commissioners to give us a holistic assessment of the ground situation in regard to the
implementation of the RTI Act.

The vote of thanks was proposed by Shri M L Sharma, Information Commissioner, Central Inforamtion
Commission. In his remarks he observed that it is the paramount task of the Central Information
Commission and the State Information Commissions to strike a balance between the need to disclose
information and at the same time to disallow information which may adversely affect the national
security or the efficiency of the administrative machinery. He thanked the RTI practitioners and
stated that the Commission is sure that their field experience will enrich the proceedings of the
technical sessions.

The Sixth Annual Convention is discussing four topics, namely – Transparency and accountability:
with special reference to Public Private Partnership Projects, RTI Act : Potential & efficacy in curbing
corruption and grievance redressal, RTI Act - Exemption Provisions & Second Schedule and
Experiences and Prospects of Information Commissions.

The second day of the Convention convened at 1000 hrs on 15th October, 2011. Sri G Raghuram
of IIM Ahmedabad made a presentation on the summary of the discussions on “Transparency and
accountability: with special reference to Public Private Partnership Projects”. Dr Bibek Debroy of
CPR, New Delhi made observations on PPP like “Corruption comes down if monopoly goes away
and Corruption comes down if discretion goes away”.

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Ms Maja Daruwala of CHRI presented the summary of the panel discussion on “RTI Act: Potential
& efficacy in curbing corruption and grievance redressal”. The panelists concluded that the potential
for stemming corruption and grievance redressal needs much more obedience to proactive disclosure.

Shri Jagadananda, Information Commissioner, SIC, Orissa presented the summary of the panel
discussion on “Experience and Prospects of Information Commissions”. The panel shared with the
audience the best practices of various State Information Commissions and the manner in which
these practices have improved the working and efficiency of the Commission.

Sri V Vijay Kumar, Vice Chancellor of Dr BR Ambedkar University, Chennai gave a power point
presentation on the “RTI Act, exemption provisions and second schedule”. In his presentation he
summarized the point of views of each one of the panelists and the issues raised by them.

The Panelists addressed the issues and questions raised by the audiences present in the hall.

Shri Satyananda Mishra, Chief Information Commissioner, Central Inforamtion Commission

presented the brief outcome of the two days convention. He exhorted that the two day convention
brought to the fore many important issues and many constructive suggestions were also received.

The valedictory session was addressed by Shri Nitish Kumar, Chief Minister of Bihar. In his valedictory
address he stated that the right to information is basic right that underpins good governance,
democracy, poverty eradication and the practical realization of human rights. The norms of freedom
of information and the assurance of widespread citizen participation in public affairs are essential
for the full realization of democratic values. What is required is system of government responsive
to the needs of its citizens with a culture of human rights and accountability. The recognition of right
to information is crucial for achieving these ends. Hence there is the need for guaranteed and
legislated right to information.

He shared with the audience the concept of jaankari i.e. being implemented in Bihar with the view
to facilitate a hassle free information regime for a common man. He also stated that the Right to
Service that is being in force in Bihar is in conjunction to the Right to Information Act.

In his concluding remarks he requested the Chief Information Commissioner of India to organize an
all India Workshop on Right to Information in Patna with participation from all states and other
countries well.

The two day convention of the Central Information Commission came to an end.

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21. HIGH COURT CASES:

Writ Petitions have been filed in the Hon’ble High Court of Andhra Pradesh in matters
concerning RTI. Some of them were against the decisions of the A.P.Information Commission,
while some were directly filed by Writ Petitioners without approaching the Commission. The status
of the writ petitions filed from the inception of the A.P. Information Commission up to 31-12-2011 is
as follows;
1. Total Writ Petitions filed - 101
2. Dismissed / Disposed - 44
3. Pending - 57

The details of the WPs disposed/dismissed, covered by stay and pending are as follows:-

Dismissed/ Disposed:

Registrar, S.V. Veterinary University, Tirupathi

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List of Writ Petitions Pending

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22. COMMISSION’S HEARINGS OUTSIDE THE HEAD QUARTERS :

Although the APIC is required to hold its hearings at Hyderabad, for the convenience of appellants
/ complainants, the Commission held hearings at the following centers where cases of that area
were heard and disposed off by the Chief Information Commissioner: -

(1) Visakapatnam

(2) Karimnagar

(3) Tirupathi

23. VIP VISITS AND IMPORTANT EVENTS:-

1. Annual Report, 2010 of A.P. Information Commission presented to Sri N.Kiran Kumar Reddy,
Hon’ble Chief Minister of Andhra Pradesh on 26-3-2011 by Sri Jannat Husain, IAS (Retd),
Chief Information Commissioner, Smt.Minnie Mathew, IAS, Spl. Chief Secretary to Govt.,
GA(GPM&AR) Dept., Secretariat, Hyderabad and Sri A.V.Dharma Reddy, IDES, Secretary,
A.P.Information Commission, Hyderabad.

2. Hearing of appeals has been done through Video Conference by the Chief Information
Commissioner on 31-05-2011 in respect of Visakapatnam District

3. Shri D.B.Deshpande, Hon’ble State Information Commissioner, Maharastra visited

A.P.Information Commission on 18-07-2011.

4. Hearing of appeals has been done through Video Conference by the Chief Information
Commissioner on 26-07-2011 in respect of Visakapatnam District

5. As a part of RTI Week celebrations a Seminar was held on RTI on 11-10-2011 in Jubilee
Hall, Hyderabad.

6. Shri Vikram K Chand of World Bank visited the A.P.Information Commission

on 14-12-2011.

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24. STAFF:
At the time of creation of the Commission, Government sanctioned the following staff to run the
Commission’s office :-

(Admin)

25. BUDGET ALLOCATIONS:

State Government have made the following Budget provisions for the APIC for the years
2006-2007, 2007-2008, 2008-2009, 2009-2010, 2010-2011 & 2011-2012.

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26. ACCOUNTANT GENERAL’S AUDIT:

Accountant General’s statutory audit of Accounts and Expenditure has been completed from inception
of the Commission and up to 31-03-2010.

27. CENTRAL GOVERNMENT PLAN SCHEMES:

(i) IT & its enablement.
At present the data processing needs of the Commission i.e., Website, File Tracking system and
Annual Reporting System of the A.P. Information Commission are being met through the Centre for
Good Governance (CGG).
The Commission has set-up a Data Centre of its own in the Commission’s premises with the funds
provided by the GOI. The Commission requested the Government of A.P., to provide supporting
staff for the functioning of the Data Centre.
(ii). Awareness Generation
Government of India through their Letter No.F.No.1/6/2010-IR dated 16-08-2010 requested the
A.P. Information Commission to celebrate RTI Week during the period from 05-10-2011 to
12-10-2011 by holding Workshops, Seminars, Press meets etc. and released Rs.1,65,000/-.
Accordingly a Seminar for PIOs and representatives of Civil Society Organisations was conducted
on 11-10-2011 in the Jubilee Hall, Hyderabad. Shri Jannat Husain, IAS (Retd), Chief Information
Commissioner presided over the Seminar. The Secretaries to Government and HoDs were present.
Shri J.C.Sharma, IAS, Spl.Chief Secretary to Govt. (i/c), GA (GPM&AR) Dept. attended as Chief
Guest in the Seminar. The salient features of RTI Act, the need for its effective implementation, the
expectations of the citizens, and the need for prompt disposal of applications and appeals were
highlighted during the Seminar.

28. INNOVATIVE STEPS IN COMMISSION’S OFFICE :

With a view to improve the functioning of the Information Commission, the Commission took the
following innovative steps:
1. Based on the Secretariat Manual, District office Manual and Central Administrative
Tribunal’s Rules, the Commission categorized the various disposals and fixed the time
limits for their retention.
2. Video Conferencing facility to hear and decide appeals and complaints in the Commission
has been introduced to facilitate the respondent officials and appellants / complainants
of far away places to get quick decisions without having the need to attend Commission’s
office in Hyderabad. This saves time and travel expenditure also.
3. A new system of scrutiny at tappal stage has been introduced to identify defective
appeals / complaints and note down the defects before sending to the Information
Commissioners. These defective appeals / complaints are segregated and sent directly
to concerned Peshi’s of Information Commissioners for their quick disposals.
4. With a view to know the experiences of the RTI Activists in the process of obtaining
information under RTI Act from the public authorities and also to get feed back on the
progress of implementation of RTI Act in various districts of Andhra Pradesh, the
Commission has been conducting periodical meetings with Civil Society Organisations.

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29. IMPORTANT NEWS ITEMS ON RTI PUBLISHED IN THE PRESS

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IMPORTANT NEWS ITEMS ON RTI PUBLISHED IN THE PRESS

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IMPORTANT NEWS ITEMS ON RTI PUBLISHED IN THE PRESS

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 IMPORTANT NEWS ITEMS ON RTI PUBLISHED IN THE PRESS

33
AP Information Commission

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30. SUCCESS STORIES ON RTI PUBLISHED IN THE PRESS

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SUCCESS STORIES ON RTI PUBLISHED IN THE PRESS

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31. IMPORTANT DECISIONS OF A.P.INFORMATION COMMISSION

1. Order in Appeal No.9052/CIC/2009 dated 22.01.2011
The contentions of the respondent that Bhadratha & Thrift Mutual Association is not a public authority
is not acceptable for the simple reason that the comprehensive social security scheme “Bhadratha”
got approval of the Govt., vide Memo No.15-850/Po I.A1/97-I dt. 28.02.97 of the Home Department.
Further, the association, which operates Bhadratha Social Security Scheme is a registered body
under A.P. (Telengana Area) Public Societies Act 1350-F and managed by the committee nominated
by DG/IG, who is its Chairman.
In view of the above, this Commission is of the considered view that the provisions of Sec.2(h) (d)
(i) and (ii) of the RTI Act, 2005, squarely apply to the present case and so, the Commission directs
the PIO to furnish the information to the appellant within 30 days from the date of receipt the order.

2. Order in Appeal No.9027/CIC/2009 dated 22.01.2011

First appellate authority had rejected the first appeal filed by the appellant on technical ground, but
not on merits.
The Commission on an overall consideration of the case directed the PIO/respondent to furnish the
information to the appellant within (30) days from the date of receipt of the order.

3. Order in Appeal No.10895/CIC/2009 dated 31.05.2011

The respondent/Dy. Registrar & PIO, A.P. Lokayukta informed that the request of the appellant was
rejected U/s 10(2) (a) read with Sec.15 of the A.P. Lokayukta Act, 1983 for Item No.1 and U/s 2(f) for
items 2 to 4.
The Commission having gone through the contentions of the respondent has pointed out that
according to section 22 of the RTI Act, 2005 this Act has over riding powers over all other Acts/
Laws.
In view of the above, the respondents are directed to furnish the available information to the appellant,
within 60 days from the date of receipt of this order.

4. Order in Appeal No.11926/CIC/2009 dated 24.06.2011

The respondent/SDPO, Nandigama informed that the information sought by the appellant does
not come under the definition of information.
It is noticed that the appellant is requesting to furnish details of “Censure” given to Sri Y.V.V.L.
Naidu
The information sought for by the appellant squarely falls under the definition of information as per
Sec.2(f) of RTI Act, 2005 and as such the respondent is directed to give a copy of censure order
served on Sri Y.V.V.L. Naidu to the appellant free of cost, within 30 days from the date of receipt of
this order.

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5. Order in Appeal No.11925/CIC/2009 dated 30.06.2011
The appellant sought information pertaining to Sri Rajiv Kumar working as Circle Inspector of Police,
Polavaram, West Godavari District.
The respondents informed that the information requested has been rejected U/s 8(1) (j) as the
information sought by the appellant is purely personal information and it has no relationship to any
public activity of interest and it causes unwarranted invasion of the privacy of the individual.
The Commission finds that the contention of the respondent is untenable as the information sought
for by the appellant at item nos. 1 to 5 will not fall under exemption from disclosure of information
as per Sec.8(1) (j) of the RTI Act, 2005 and in that view of the matter, the respondent is directed to
furnish the information to the appellant within 30 days from the date of receipt of this order.
6. Order in Appeal No.388/CIC/2010 dated 30.07.2011
For the information sought for by the appellant, the respondent informed that the appellant was
already furnished with the list of selected candidates of Hindi subject with marks and roster points
and the appellant was further informed that the APPSC has not prepared any state level seniority
list and prepares only Zonal wise selected candidates list.
The appellant stated that no details of marks list and native zone was furnished to him.
The Commission having considered the rival contentions directed the respondents to furnish the
information to the appellant free of cost within 30 days from the date of receipt of this order.
7. Order in Appeal No.50/CIC/2010 dated 30.07.2011
The respondents informed that the information requested has been furnished to the appellant on
09.11.2009. The appellant submitted that for item No.1, the PIO has not mentioned the section and
clause under which the item is denied.
The respondent in the reply dated 09.11.2009 for point No.1 has mentioned that the case is still
under investigation and hence giving information would impeded the process of investigation or
prosecution of offenders.
If the PIO is rejecting any information invoking Sec.8, the clause and section under which the
request is being rejected should invariably be mentioned. The respondent has failed to do so in this
regard. He is directed to strictly follow the procedure in future while accepting the contention of the
appellant, the Commission directs to mention the provision of the Act, whenever the request is
rejected.

8. Order in Appeal No.17/CIC/2010 dated 30.07.2011

The appellant filed application dated 4.06.2009 before the PIO. The PIO requested the appellant
to remit an amount of Rs.539/- towards material charges. The Commission observed that the
request to remit the cost of information was made beyond the stipulated period and directed the
respondent to furnish point-wise information to the appellant free of cost within 30 days from the
date of receipt of this order through RPAD and report compliance to the Commission.

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9. Order in C.No.12475/CIC/2009 dated 19-8-2011
The appellant sought for information on three points.
The respondent informed that information on points 1 and 3 has been furnished to the appellant
and with regard to furnishing of copies of answer sheets, the same cannot be furnished.
The appellant confirmed receipt of information on points 1 and 3 and requested for information on
point no.2 i.e., copy of his answer sheets.
The Hon’ble Supreme Court in Civil Appeal No.6454 of 2011 dated 09.08.2011 in Central Board of
Secondary Education & Another Vs Aditya Bandopadhyay and others ruled that the copies of the
valued answer scripts of all the papers along with the respective keys used for evaluation be provided.
In view of the ratio laid down in the decision of the Hon’ble Supreme Court cited supra, this
Commission directed the respondents to furnish the information sought by the appellant at point
no.2, free of cost, within 30 days from the date of receipt of this order under intimation to this
Commission.

10. Order in Appeal No.7188/CIC/2009 dated 22.08.2011

The appellant sought certain information to which the respondents informed that the request of the
appellant was rejected U/s 8(1) (j) of the RTI Act, 2005 as it relates to personal information.
The Commission after having heard the rival contentions of both the parties and after having perused
the material placed before it finds that the stand taken by the respondents U/s 8(1) (j) rejecting the
request of the appellant has no legs to stand as the information sought by the appellant is in public
domain.
In view of the above, the respondent is directed to furnish the information to the appellant as per the
provisions of the RTI Act, 2005, free of cost, within 30 days from the date of this order and report
compliance.

11. Order in Appeal No.8738/IC-III/2009, Dt. 01-10-2011

The appellant sought certain information on 06-01-2009, the Public Information Officer did not
furnish information. The Commission having heard the rival contentions of the parities and also
having perused material placed before it, directed the Public Information Officer to furnish factual
information to the appellant within (10) days from today i.e., 20-09-2011 free of cost.

12. Order in Appeal No: 6913/IC-II/2009, Dt. 17-10-2011

The Appellant sough certain information. The respondent rejected the request on two counts. Viz.,
(1) Section 2(f) and (2) Sec. 7 (9) of the RTI Act 2005.
The Commission, heard the respondent and also perused the material placed before it and found
that the rejection made by the respondent under the above two provisions is untenable and cannot
be accepted. In the said circumstances, the commission directed the respondent to furnish the
available information with them free of cost to the appellant within (60) days from the date of receipt
of this order.
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13. Order in Appeal No: 8261/IC-III/2009, Dt 31-10-2011

The appellant requested the PIO, to inform the follow up action taken in respect of Section 4 in RTI
Act, 2005 in the P.D.Offices from Women & Child Welfare Development Agencies and C.D.P.O. of
Guntur District.
The Commission directed the PIO and the Appellate Authority to display board in Telugu in their
offices at a prominent places showing particulars of PIOs / AAo in their department.
This commission further directed to follow Sec. 4 (1) (a) and 4(2) and also to designate APIO’s at
Anganwadi’s as per RTI Act 2005 within four weeks from the date of receipt of this order and report
compliance to this commission.

14. Order in Appeal No: 8986/IC-II/2009, Dt. 04-11-2011

The PIO rejected the request under Section 7(9) of the RTI Act 2005.
The stand taken by the PIO in rejecting the request under Section 7(9) of RTI Act 2005 is untenable
and cannot be accepted as correct and the information shall have to be furnished. On an overall
view of matter the commission directs the respondent to allow the appellant to inspect the information
sought by him within two weeks from the date of receipt of this order and on receipt of letter from
PIO the appellant may inspect the relevant records in the office of the respondents within four
weeks on dates and time specified therein.

15. Order in Appeal No. 10108/IC-III/2009, Dated. 21-11-2011

The PIO rejected the request under sec. 8(1)(h) of RTI Act. 2005 on the ground that enquiry was
pending. The contention of the PIO is untenable.
In light of the above the Commission directs the PIO to follow section 11 of RTI Act, 2005.

16. Order in Appeal No. 11688/IC-III/2009, Dated. 24-11-2011

The Commission directed DM & HO, Guntur to designate APIOs in each health center where ANMs
are working under his control invoking Sec.2 (m) of the RTI Act.

17. Order in Appeal No. 12167/IC-III/2009, Dt. 05-12-2011

The appellant requested the PIO / Respondent to furnish the accounts details of PHC, Dharmajiguda,
for the year 2006-09 funds, expenditure, and works letters record and permission to inspect the
files, records and their certified copies. The PIO., did not also having perused the material places
before it directed the PIO., Medical Officer, O/o MPHEO, West Godavari to intimate the appellant
within four weeks from today i.e., 24-11-2011to come over to their office and to inspect the relevant
records and to furnish him the information.

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32. RECOMMENDATIONS:
(1) Allotment of Budget for RTI by the Departments:
Keeping in view the importance of the RTI legislation which aims to create an open,
transparent and accountable administration, it is recommended that each Department must
earmark at least one percent of its budgetary allocation towards meeting its obligations under
this Act as recommended by the Administrative Reforms Commission, particularly computerizing
all records and connecting them through a network all over the country on different systems so that
access to such record is facilitated to the public.
(2) Awareness:
Section 26 of the Act mandates the Government to:-
(a) develop and organize educational programmes to advance the understanding of the
public, in particular of disadvantaged communities as to how to exercise the rights
contemplated under this Act;
(b) encourage public authorities to participate in the development and organization of
programmes referred to in clause (a) and to undertake such programmes themselves;
(c) promote timely and effective dissemination of accurate information by public
authorities about their activities; and
(d) train State Public Information Officers and produce relevant training materials for
use by the public authorities themselves.
The Government shall compile in its official language a guide containing such information, in
an easily comprehensible form and manner, as may reasonably be required by a person
who wishes to exercise any right specified in this Act.
From the above, it is clear that it is the duty and obligation of the Government to create the
necessary awareness both on the supply as well as the demand side. For this, it is essential
that adequate budgetary allocations are made for conducting seminars, symposiums, workshops
as also for the printing of guides and pamphlets. As visual media has expanded rapidly,
efforts should be made to effectively use this media. The Commission is of the view that
the receipt of the complaints and appeals from rural areas need to be improved. Though
there is some improvement in the mindset of Public Authorities during the last (5) years, still
there is scope for improvement so that the applications under RTI Act are no longer
perceived with hostility. The Act which has been passed by the Parliament, assented to by
the President, and notified has become the law of the land. It is a major step forward in
heralding transparency, accountability, openness and Good Governance, and, denotes a
paradigm shift to demystify the Government functioning and bring out all the processes
involved into the public domain. Thus, it is mandatory to deploy adequate resources and
to make available sufficient funds to inculcate greater awareness, both in the supply as well
as the demand side.Every Department must necessarily come out with “User Guides” so as to
ensure proper implementation of the schemes and programmes as well as to achieve utmost
participation from the public. It should be made mandatory for all the Departments to upload their
websites not only on the existing programmes but also on all the new and on going schemes. For
such of the Departments who default, adverse notice must be taken and responsibility be
cast on the Secretary concerned.
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(3) Sanction of Staff to APIC:

In view of the high increase in the work load in the Commission’s office without any
corresponding increase in the Staff, there are delays in the disposal of cases which is resulting in
criticism from the appellants, Civil Society Organisations (CSOs) and RTI activists.
For the Data Centre, 3 IT Specialists and one Data Processing Officer are essentially required to
maintain the Data Centre up to date basis.
Similarly in the Commission’s office sufficient ministerial staff has not been provided. The work load
has increased abnormally. The total number of cases received within one year i.e. up to 31-12-
2006 was 3838 whereas during the year 2007 this increased to 7,780; in 2008 the number rose to
10,315; in 2009 it rose to 13,151, in 2010 it rose to 15,556 and in 2011 it comes to 13,416. From
the first year to the sixth year the increase is 250%. Hence, in addition to the staff sanctioned in
G.O.Ms.No.20 Finance (SMPC) Department, dated 30-01-2006 it is essential to sanction 1 Assistant
Secretary and at least 2 sections each consisting of 1 Superintendent, 1 Sr. Assistant, and 1 Attender
for the Commission’s office
Similarly, for the accounts work 1 post of Accounts Officer only has been sanctioned. No supporting
staff has been provided. At present the entire work relating to preparation of bills, preparing schedules,
scrutiny of bills of various outsourcing agencies, attending to Audit objections, maintaining files and
registers is being done by the AO himself. Often he is also required to go to PAO’s office and
Secretariat in connection with clarifications on financial matters relating to this Commission. Hence,
assistance of atleast 1 Sr. Accountant and one Junior Accountant are required.
Already large number of files were closed and the relevant disposals are piling up in the Peshis of
the respective Commissioners. Hence, there is urgent need for one Record Assistant to maintain
the Commission’s Record Room in a systematic way from the beginning.
Keeping this in view it is necessary for the government to provide the above additional staff.

(4) Remuneration for PIOs:-

RTI Act is a legislation which has very strict time limits for execution and for delays caused
there is a personal liability on the Public Information Officer concerned. As the Act gets more
acceptance, there will be very significant increase in the number of applications received
which will have to be processed within the time limit prescribed. This implies a considerable
increase in the work load on the officers dealing with the subject. Often they have to pursue
matters coming in the jurisdiction of their seniors and this may also invite / incur their
displeasure / annoyance. During the second appeal with the Commission, the culpability of
the Information Officer is very clearly defined. Thus, it is clear, that the job of the Public
Information Officer has become a high risk assignment which causes a heavy additional
burden and exposes the officers to punitive action, while at the same time there is no
compensatory-monetary relief. In view of the above, it will be in the fitness of the things,
if some token honorarium is given to all such officers who are designated as the PIO.

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(5) Delegation of Powers to Chief Information Commissioner:-

As per sub-section (4) of Section 15 of the Act, the general superintendence, direction and
management of the affairs of the State Information Commission shall vest in the State Chief
Information Commissioner who shall be assisted by the State Information Commissioners and
may exercise all such powers and do all such acts and things which may be exercised or
done by the State Information Commission autonomously without being subjected to
directions by any other authority under this Act.
Keeping this in view, proposals have been sent to the Govt. seeking delegation of Administrative
and Financial Powers to the Chief Information Commissioner who is in the rank of Election
Commissioner of India / Judge, Supreme Court of India (as he is vested with the powers of
general superintendence, direction and management of the affairs of the State Information
Commission) to meet the expenditure and exercise the powers of re-appropriation within the Budget
allotted to the Commission and also to fill up the vacancies commensurate with the work load to the
extent of posts, within the sanctioned strength, without prior permission of the Govt. as in the case
of A.P. State Election Commission to which these financial/ administrative powers were delegated.
State Government are requested to expedite the orders in this regard.
(6) Supply of Kits printed by State Resource Centre for Adult & Continuing Education (SRC-SPACE)
State Resource Centre for Adult & Continuing Education (SRC-SPACE) has brought out a Kit
containing 18 Booklets with small stories on RTI and how the Act can be used to obtain the information
on laying of roads in the villages, distribution of essential commodities through ration shops, availability
of medicines in Government hospitals, details of Govt. and Sikham lands, sanction of pensions,
sanction of house sites, job card under NREG, details of tanks etc. The Government may issue
suitable instructions for distribution of these kits to all Gram Panchayats and Libraries in the State to
propagate the RTI Act and improve awareness levels on RTI in rural areas.
(7) Fee collected for providing information to be passed on to PIOs:
At present the cost of information is being directly remitted to Government exchequer. As the PIOs
at grass root level are not having any funds with them, they are not able to meet the expenditure of
taking copies etc., and furnish information to the applicants within 30 days as statutorily required
under Section 7(1) of the RTI Act. This is resulting in delays. There are complaints from the civil
society organisations and the press about these delays. The Commission has requested the
Government to suitably amend the RTI (Regulation of fee and cost) Rules 2005 so that the PIOs
could themselves utilize the fee collected towards cost of information directly instead of remitting it
to the State exchequer.

(8) Performance of the officers:-

In view of the high profile of the legislation and its crucial role in achieving transparency,
accountability, Good Governance and eliminating corruption, it is absolutely important that
while apprising the performance of the officers, a specific column is incorporated into the
forms of Annual Confidential Reports / Self Assessment Reports , which should specifically
refer to the officer’s attitude towards the implementation of Right to Information Act. This will
go a long way in conveying a message to the functionaries manning the Public Authorities
that the Government are very serious about in its implementation.
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33. LETTER OF APPRECIATION

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LETTER OF APPRECIATION

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IMPORTANT INSTRUCTIONS OF
STATE GOVERNMENT

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OFFICE MEMORANDA
ISSUED BY
DEPARTMENT OF PERSONNEL & TRAINING,
GOVERNMENT OF INDIA

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National Federation of Information Commissions in India (NFICI)

I. Introduction
The Central Chief Information Commissioner through notification F.No.10/12/2009/Admn/ CIC,
dated 12-01-2009 constituted a Sub-Committee to undertake an in-depth study and analysis of the
problems and issues raised during the Annual Convention 2008, and to explore ways and measures
for strengthening the information regime and to suggest an action plan for effective implementation
of the RTI Act, 2005.
One of the concrete achievements that emanated from the recommendations of the
Sub-Committee was formation of a Federation of Central Information Commission and all the State
Information Commissions. It was registered as “National Federation of Information Commissions in
India” (NFICI) in Hyderabad on 01-09-2009 with Registration No.479 of 2009.

2. The aims and objects of the Federation:

1. To facilitate coordination and mutual consultation among the Central Information

Commission and the State Information Commissions constituted under the Right to
Information Act 2005.
2. To strengthen the administration of the Act, through education, research and dissemination
of knowledge;
3. To facilitate the exchange of information on laws and their interpretation, landmark
judgments, case law and best practices related to the Act in India and similar statutes
abroad;
4. To collect, compile and analyze relevant information relating to the implementation of
the Act and to take up appropriate issues of importance with the Government of India
and State Governments;
5. To promote knowledge and encourage initiatives in matters related to transparency and
accountability in governance and to engage the stakeholders such as the Central and
State Governments, and the citizens and civil society in these matters;
6. To promote the use of information technology , modern management techniques and
tools for effective implementation of the Act;
7. To establish collaboration with research institutions, universities and similar organizations
for helping the cause of administration of the Act and furtherance of the objectives of the
society;
8. To undertake, organize and facilitate tours, studies, research, lectures, seminars and
conferences on the administration and practice of the transparency laws including the
Right to Information Act and to provide for the publication of journals, research papers
and books in the furtherance of the aforesaid objects and to disseminate information for
wider use;

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9. To create a secretariat cum resource centre with adequate facilities for research and
technical support to the society for its day to day administration and functions;
10. To establish procedures for smooth functioning of the Society and carry out activities in
matters relating to personnel, finances, administration, purchases etc.;
11. To purchase, accept as a gift or otherwise acquire and own or take on lease or hire,
temporarily or permanently any movable or immovable property necessary for the
furtherance of the objectives and activities of the Society;
12. To sell, assign, mortgage, lease, exchange and otherwise transfer or dispose of or
otherwise deal with all or any property, movable or immovable, of the Society;
13. To build, construct, maintain, repair, adapt, alter, improve or develop or furnish any
buildings or works necessary or convenient for the purposes of the Society;
14. To appoint or employ, temporarily or permanently, any person or persons that may be
required for purposes of the Society and to pay them or other persons in return for
services rendered to the Society salaries, wages, gratuities, provident fund and pensions;
15. To institute, offer and grant prizes, awards, scholarships and stipends in furtherance of
the objects of the Society;
16. To make and enforce Rules and Bye-Laws, and from time to time, to repeal, amend or
alter the same;
17. To pay all costs, charges and expenses incurred in the promotion, formation, establishment
and registration of the Society;

3. Meetings held with Board of Governors:

The National Federation of Information Commissions In India (NFICI) has convened meetings on
14.10.2009, 20.2.2010, 28.6.2010 and 20.4.2011 with the following Board of Governors:-.

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The Federation in its General Body meeting held on 20-04-2011 elected the following members as
Board of Governors (Executive Committee):-

In its meeting held on 13.10.2011, the 2nd Board of Governors (Executive Committee) resolved and
agreed for re-appointment of Programme Committee and Finance Committee with the following
members to achieve the aims and objects of the NFICI :-

A) Programme Committee:
Shri A.K. Choudhary, Chief Information Commissioner, Bihar ….. Chairperson
Shri Satyananda Mishra, Central Chief Information Commissioner, New Delhi;
Shri K.S. Sripathi, Chief Information Commissioner, Tamil Nadu;
Shri N.S. Napalchyal, Chief Information Commissioner, Uttarakhand;
Shri Deepak Narain Dutt, Chief Information Commissioner, Assam; and
Shri R.I. Singh, Chief Information Commissioner, Punjab ….. Convener

B) Finance Committee:
Shri Tarun Kanti Misra, Chief Information Commissioner, Orissa ….. Chairperson
Shri Naresh Gulati, Chief Information Commissioner, Haryana;
Shri Serjius Minj, Chief Information Commissioner, Chhattisgarh;
Mrs Deepak Sandhu, Central Information Commissioner, New Delhi; and
Shri Jannat Husain, Chief Information Commissioner, Andhra Pradesh …. Convener

The Board approved the appointment of Sri Vidya Sagar Babu, Auditor, CGG as Auditor of NFICI
for auditing annual accounts and Sri A.V.Prakash, Section Officer, APIC as Executive Secretary to
NFICI.
On receipt of the reports from the said Committees an action plan will be prepared to go head
further to achieve the very objects of the Federation.

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4. Enrolment of Membership:
As per the bylaw No 10 of the NFICI the membership is open to all the Information Commissions in
India. As per the rules framed thereunder every member Commissioner has to pay Rs. 5.00 lakhs
towards admission fee and Rs.1.00 lakh towards annual membership fee. The following Commissions
are enrolled themselves as members of NFICI till end of 31-12-2011.

N.B: The Commissions noted at serial Nos 1 to 3 have paid their 2nd Annual Membership
fee of Rs. 1.00 (one lakh) each. The other State Commissions are also coming forward
to join as members to NFICI.

5.Funds:
All the funds received from the member Commissions are deposited with State Bank of India
(A Nationalized Bank) under long term and short term deposits.

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Vice

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Proforma-A
REPORT TO BE PREPARED BY PUBLIC INFORMATION OFFICER AND TO SUBMIT TO DISTRICT OFFICER

CONSOLIDATED STATEMENT ON THE APPLICATIONS RECEIVED AND DISPOSED OF UNDER THE R.T.I. ACT
PERIOD_______________________

NAME OF THE DEPARTMENT:

S.No Name & Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
Address of the applications Applications (Cols. Applications Applications Disposed shown Disposed shown in
PIO pending as on end received during 3+ 4) Disposed pending in Col.6, Col.6, Deemed
of the last quarter the quarter during the (Cols. 5 - 6) Information Refusals u/s 7(2) /
quarter furnished 18(1)
1 2 3 4 5 6 7 8 9

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127
Out of cases disposed shown in Col.No.(6), Cases rejected under Sections Amount of Total Any other
Application Fee information
and Charges
6 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 24 other
collected for
furnishing
information
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

SIGNATURE :
AP

NAME OF THE OFFICER:

DESIGNATION:
TELEPHONE NO.:
Note: This Consolidated report to be prepared at the level of Public Information Officer and to submit to District Officer of his Department

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REPORT TO BE PREPARED BY DISTRICT OFFICER AND TO SUBMIT TO HEAD OF THE DEPARTMENT

CONSOLIDATED STATEMENT ON THE APPLICATIONS RECEIVED AND DISPOSED OF UNDER THE R.T.I. ACT
PERIOD_______________________

NAME OF THE DEPARTMENT:

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S. Name & Address Total No. of Total No. of Total Total No. of Total No. of Out of cases Out of cases
AP Information Commission

N of the PIO applications Applications (Col. 3+ Applications Applications Disposed shown in Disposed shown
o pending as on end received during Col.4) Disposed pending Col.6, Information in Col.6,
of the last quarter the quarter during the (Col.5-Col.6) furnished Deemed
quarter Refusals u/s
7(2) / 18(1)
1 2 3 4 5 6 7 8 9

Out of cases disposed shown in Col.No.(6), Cases rejected under Sections Amount of Total Any other
Application Fee information

128
and Charges
6 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 24 other
collected for
furnishing
information
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26

SIGNATURE :
NAME OF THE OFFICER:
DESIGNATION:
TELEPHONE NO.:
Note: Each District Officer will collect information from their Public Information Officers under their control and prepare a consolidated statement including his department’s information for submission to the HOD.

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