Right to Information Act, 2009 Notifications, Circulars, Orders, Etc.
(Up to 21.12.2012)
JK073
i. by or under the Constitution of India or, the Constitution of Jammu and Kashmir;
ii. by any other law made by Parliament;
iii. by any other law made by State Legislature;
iv. by notification issued or order made by the Government and includes any
(a) Body owned, controlled or substantially financed;
(b) Non-Government organization substantially financed, directly or indirectly by funds provided by the Government;
2. The important points on which the Public Authorities as mentioned above, are required to take action are indicated hereunder:-(i) Under Section 4(a), every Public Authority has to maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the Act and ensure that all records that are appropriate to be computerized are, within a reasonable time and subject to availability of resources, computerized and connected through a network all over the State on different systems so that access to such records is facilitated. All Administrative Secretaries are requested to please ensure that all the Public Authorities under their administrative control initiate immediate action for maintenance of the records in a manner and form required under the J&K Right to Information Act, 2009.
(ii) Under Section 4(b), every Public Authority has to publish within 120 days from the commencement of the Act various information pertaining to the organization. To facilitate and maintain uniformity of such information, a format is enclosed with this circular. All Administrative Secretaries are requested to kindly ensure that all Public Authorities under their administrative control publish detailed information all
Public Authorities pertaining to their organization in the prescribed format within the stipulated period. They are also requested to ensure that the information is disseminated through various means including booklets, pamphlet, notices, websites etc. The Public Authorities who do not have their own website can furnish a soft copy of the information in the format prescribed to the General Administration Department for hosting it on the site of the General Administration Department (www.jkgad.nic.in).(iii) Under Section 5(1) and 5(2), the Public Authorities are required to designate Public Information Officers (PI0s) in all Administrative Units or Offices and, if required, Assistant Public Information Officer (A PIO) at each sub-divisional or sub-district level, in a time bound manner within 100 days of coming into effect of the Act. All Administrative Secretaries are requested kindly to ensure that the Public Authorities under their administrative control designate the PIO/APIO within the stipulated time frame, under an intimation to the General Administration Department.
3. The J&K Right to information Act, 2009 is available on the website of the General Administration Department. However, a copy of the same is enclosed for ready reference. All the Administrative Secretaries are requested kindly to personally supervise implementation of the Act and ensure that all actions are taken in a time bound manner by all the Public Authorities under their administrative control. The implementation of the Act in the State shall be reviewed by the Chief Secretary on regular intervals. Template For The Information Handbook Under Right To Information Act, 2009CHAPTER 1
Introduction
1.1. Please throw light on the background of this hand-book (Right to Information Act, 2009). 1.2. Objective/purpose of this hand-book 1.3. Who are the intended users of this hand book? 1.4. Organisation of the information in this hand-book. 1.5. Definitions (Please provide definitions of various terms used in the hand book. 1.6. Contact person in case some body wants to get more information on topics covered in the hand-book as well as other information also. 1.7. Procedure and Fee Structure for getting information not available in the hand book.CHAPTER 2
Part1culars of Organization, Functions and Duties
2.1. Objective/purpose of the public authority. 2.2. Mission/Vision Statement of the public authority. 2.3. Brief history of the public authority and context of its formation. 2.4. Duties of the public authority. 2.5. Main activities/functions of the public authority. 2.6. List of services being provided by the public authority with a brief write-up on them. 2.7. Organizational Structure Diagram at various levels namely State, directorate, region, district, block etc (whichever is applicable). 2.8. Expectation of the public authority from the public for enhancing its effectiveness and efficiency. 2.9. Arrangements and methods made for seeking public participation/contribution. 2.10. Mechanism available for monitoring the service delivery and public grievance resolution. 2.11. Addresses of the main office and other offices at different levels. (Please categorise the addresses district wise for facilitating the understanding by the user). 2.12. Morning hours of the office: Closing hours of the office:CHAPTER 3
Powers and Duties of Officers and Employees
3.1 Please provide details of the powers and duties of officers and employees of the organization.
Designation |
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Powers |
Administrative |
1. |
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Financial |
1. |
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Others |
1. |
Duties |
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1. |
CHAPTER 4
Rules, Regulations, Instructions, Manual And Records, For Discharging Functions
4.1. Please provide list of rules, regulations, instructions, manual and records, held by Public authority or under its control or used by its employees for discharging functions as per the following format. This format has to be filled for each type of document. Name/title of............The document Type of the document Choose one of the types given below. (Rules, Regulations, Instructions, Manual, Records, Others) Brief Write-up on the Document Address: From where one can get a copy of rules, regulations, instructions, Manual and records. Telephone No: Fax: E Mail................ Others................ Fee charged by the Department for a copy of rules, regulations, instructions, manual and records (if any)CHAPTER 5
Particulars of Any Arrangement That Exists For ConSultation With, Or Representation By, The Members of The Public In Relation To The Formulation of Its Policy Or Implementation Thereof
Formulation of Policy 5.1 Whether there is any provision to seek consultation/participation of public or its representative for formulation of policies? If there is, please provide details of such policy in following format.
Sr. No. |
Subject/Topic |
Is it mandatory to ensure public participation (Yes/No) |
Arrangements for seeking public participation |
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Sr. No. |
Subject/Topic |
Is it mandatory to ensure public participation (Yes/No) |
Arrangements for seeking public participation |
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CHAPTER 6
A Statement of The Categories of Documents That Are Held By It or Under Its Control
2.1. Use the format given below to give the information about the official documents. Also mention the place where the documents are available for e.g. at Secretariat level, Directorate level, others (please mention the level in place of writing others).
Sr. No. |
Category of the document |
Name of the document and its introduction in one line |
Procedure to obtain the document |
Held by/under control of |
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CHAPTER 7
A Statement of Boards, Council, Committees And Other Bodies Constituted As Its Part
7.1. Please provide information on Boards, Councils, Committees and Other Bodies related to the public authority in the following format: Name and address of the Affiliated Body Type of Affiliated Body (Board, Council, Committees, Other Bodies) Brief introduction of the Affiliated Body (Establishment Year, Objective/Main Activities) Role of the Affiliated Body (Advisory/Managing/Executive/Others) Structure and Member Composition Head of the Body Address of main office and its Branches Frequency of Meetings Can public participate in the meetings? Are minutes of the meetings prepared? Are minutes of the meetings available to the public? If yes please provide information about the procedure to obtain them.CHAPTER 8
The Names, Designations And Other Particulars of The Public Information Officers
8.1. Please provide contact information about the Public Information Officers, Assistant Public Information Officers and Departmental Appellate Authority of the Public Authority in the following format Name of the Public Authority: Assistant Public Information Officers:
Sr.No. |
Name |
Designation |
S.T.D. Code |
Ph. No. |
Fax |
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Address |
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Office |
Home |
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Sr.No. |
Name |
Designation |
S.T.D. Code |
Ph. No. |
Fax |
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Address |
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Office |
Home |
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Sr.No. |
Name |
Designation |
S.T.D. Code |
Ph. No. |
Fax |
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Address |
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Office |
Home |
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CHAPTER 9
Procedure Followed In Decision Making Process
9.1 What is the procedure followed to take a decision for various matters? (A reference to Secretariat Manual and Business Rules and other rules/regulations etc. can be made) 9.2. What are the documented procedures/laid down procedures/Defined Criteria/Rules to arrive at a particular decision for important matters? What are different levels through which a decision process moves? 9.3. What are the arrangements to communicate the decision to the public? 9.4. Who are the officers at various levels whose opinions are sought for the process of decision making? 9.5. Who is the final authority that vets the decision? 9.6. Please provide information separately in the following format for the important matters on which the decision is taken by the public authority
S. No. |
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Subject on which the decision is to be taken |
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Guideline/Direction if any |
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Process of Execution |
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Designation of the officers involved in decision making |
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Contact information of above mentioned officers |
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If not satisfied by the decision where and how to appeal. |
CHAPTER 10
Directory Of Officers And Employee
10.1 Please provide information district wise in following format
Sr.No. |
Name |
Designation |
S.T.D. Code |
Ph. No. |
Fax |
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Address |
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Office |
Home |
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CHAPTER 11
The Monthly Remuneration Received By Each of Its Officers And Employees, Including The System Of Compensation As Provided In Regulations
11.1. Please provide information in following format
S.No. |
Name |
Designation |
Monthly remuneration |
Compensation/Compensatory allowance |
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CHAPTER 12
The Budget Allocated To Each Agency (Particulars Of All Plans, Proposed Expenditures And Reports On Disbursement Made)
For Public Authorities responsible for developmental, construction, technical works 12.1. Please provide information about the details of the budget for different activities under different schemes in the given format Year.......
S.No. |
Name of the Scheme head |
Activity |
Starting date of Activity |
Amount Proposed |
Amount sanctioned |
Amount released/disbursed (no. of instalments) |
Actual expenditure for the last Year |
Responsible office for thee quality the complete execution of the work |
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Sl. No. |
Head |
Proposed Budget |
Sanctioned Budget |
Amount released/disbursed (no. of instalments) |
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CHAPTER 13
Manner of Execution of Subsidy Programmes
13.1. Please provide the information as per the following format: Name of Programme/Scheme Duration of the programme/scheme Objective of the programme Physical and financial targets of the programme (for the last year) Eligibility of Beneficiary Pre-requisites for the benefit Procedure to avail the benefits of the programme Criteria for deciding eligibility Detail of the benefits given in the programme (also mention the amount of subsidy or other help given) Procedure for the distribution of the subsidy Where to apply or whom to contact in the office for applying Application format (where applicable. If the application is made on plan paper please mention it along with what the applicant should mention in the application) List of attachments (certificates/documents) Format of Attachments Where to contact in case of process related complaints Details of the available fund (At various levels like District Level, Block Level etc) List of beneficiaries in the format given below
S.No./Code |
Beneficiary Name |
Amount of subsidy |
Parent Guardians |
Criteria of selection |
Address |
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District |
City |
Town/Village |
House No. |
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CHAPTER 14
Particulars of Recipients of Concessions, Permits or Authorization Granted By It
14.1. Please provide the information as per the following format: Name of Programme Type (Concession/Permits/Authorization) Objective Target set (For the last year) Eligibility Criteria for the eligibility Pre-requisites Procedure to avail the benefits Time limit for the concession/Permits/Authorizations Application Fee (where applicable) Application format (where applicable) List of attachments (certificates/documents) Format of Attachments List of beneficiaries in the format given below
S.No./Code |
Beneficiary Name |
Validity period |
Parent Guardians |
Address |
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CHAPTER 15
Norms Set By It For The Discharge of Its Functions
15.1. Please provide the details of the Norms/Standards set by the Department for execution of various activities/programmes.CHAPTER 16
Information Available In An Electronic Form
16.1. Please provide the details of the information related to the various schemes which are available in the electronic format.CHAPTER 17
Particulars of The Facilities Available To Citizens For Obtaining Information
17.1. Means, methods or facilitation available to the public which are adopted by the Department for dissemination of information. Like Office Library Drama and Shows Through News Paper Exhibition Notice Board Inspection of Records in the Office System of issuing of copies of documents Printed Manual Available Website of the Public Authority Others means of advertisingCHAPTER 18
Other Useful Information
18.1. Frequently Asked Questions and their Answers 18.2. Related to seeking information Application form (a copy of filled application form for reference) Fee How to write a precise information request Few Tips Right of the Citizen in case of denial of information and procedure to appeal 18.3. With relation to training imparted to public by Public Authority Name of training programme with brief description Time period for Training Programme I Scheme Objective of training Physical and Financial Targets (Last Year) Eligibility for training Perquisite for training (if any) Financial and other form of help (if any) Description of help (mention the amount of Financial help, if any) Procedure of giving help Contact Information for applying Application Few (Wherever applicable) Application Form (in case the application is made on plain paper, please mention the details which the applicant has to provide) List of enclosures/documents Procedure of application Selection Procedure Time table of training programme (in case available) Process to inform the trainee about the training schedule Arrangement made by the Public Authority for creating public awareness about the training programmes. List of Beneficiary of the training programme at various levels like district level, block level etc. 18.4. With relation to training imparted to public by Public Authority Name of training programme with brief description Time period for Training Programme/Scheme Objective of training Physical and Financial Targets (Last Year) Eligibility for training Perquisite for training (if any) Financial and other form of help (if any) Description of help (Mention the amount of Financial help, if any) Procedure of giving help Contact Information for applying Application Fee (Wherever applicable) Other Fees (Wherever applicable) Application Form (in case the application is made on plain paper, please mention the details which the applicant has to provide) List of enclosures /documents Format of enclosures /documents Procedure of application Selection procedure Time table of training programme (in case available) Process to inform the trainee about the training schedule Arrangement made by the Public Authority for creating public awareness about the training programmes. List of Beneficiary of the training programme at various levels like district level, block level etc. Validity period of certificate (if applicable) Process of renewal (if any) 18.5. With relation to registration process Objective Eligibility for registration Pre-requisites (if any) Contact information for applying Application Fee (Wherever applicable) Other Fee (Wherever applicable) Application Form (In case the application is made on plain paper, please mention the details which the applicant has to provide) List of enclosures/documents Format of enclosures/documents Procedure of application Process followed in the Public Authority after the receipt of application. Right to Information Act, 2009 Information Technology Act, 2000 Designation of Public Information Officer in Information Technology Department Govt. Order No. 31-ITD of 2009 dated 06.07.2009, Information Technology DepartmentSubject: - Designation of Public Information Officer in Information Technology Department.
In pursuance of Section 5(1) and 5(2) of the Jammu & Kashmir Right to Information Act, 2009, Mr. Jahangir Hashmi, Under Secretary to Government, Information Technology Department (Jammu and Kashmir e-Governance Agency) is hereby designated as the Public Information Officer for the Information Technology Department. Right to Information Act, 2009 Designation of Public information Officer for Higher Education Department Government Order No. 203-HE of 2009, dated 16.09.2009 Reference: Circular No 25-GAD of 2009 dated 5.06.2009 issued by the GAD, Civil Section-Higher Education Department In pursuance of section 5(1) of the Jammu and Kashmir Right to Information Act 2009, Dr. N.D. Wani, Director, Colleges is designated as the Public Information Officer (PIO) for Higher Education Department. Excise Act, Svt. 1958 Nomination of Public Information Officers Excise Order No. 324 of 2009 dated 01.10.2009Sub: - Nomination of Public Information Officers (PIOs) under the J&K Right to Information Act, 2009.
Ref: - Circular No. 25-GAD of 2009 dated 05.06.2009 issued by General Administration Department conveyed vide Finance Department's No. FD/Coord-48/2009 dated 31.07.2009
In pursuance of Section 5(1) of the Jammu and Kashmir Right to Information Act, 2009, sanction is hereby accorded to the nomination of following officers as Public Information Officers (PIOs) in the areas/offices indicated against each:
S. No. |
Designation of the Officer |
Area/Office. |
1. |
Excise & Taxation Officer, Consolidation of Laws |
Office of Excise Commissioner, J&K Government. |
2. |
Deputy Excise Commissioner, Executive, Jammu |
Office of Deputy Excise Commissioner, Executive, Jammu. |
3. |
Deputy Excise Commissioner, Executive, Kashmir |
Office of Deputy Excise Commissioner, Executive, Kashmir. |
4. |
Deputy Excise Commissioner, Accounts, Jammu |
Office of Deputy Excise Commissioner, Accounts, Jammu. |
5. |
Deputy Excise Commissioner, Distilleries, Jammu |
Distilleries, Jammu. |
6. |
Principal, Excise and Taxation Training Institute, Nagrota. |
Excise and Taxation Training Institute, Nagrota |
7. |
Senior most Excise & Taxation Office of Toll Post, Lakhanpur. |
Toll Post Lakhanpur including its minor Toll Posts. |
8. |
Excise & Taxation Officer, Toll Post, Lower Munda |
Toll Post Lower Munda including its Minor Toll Posts. |
9. |
Excise & Taxation Officer, Toll Post, Upshi, Leh. |
Toll Post, Upshi, Leh. |
10. |
Excise & Taxation Officer, Toll Post, Udhampur. |
Toll Post, Udhampur. |
11. |
Excise & Taxation Officer, Toll Post, Railway Station, Jammu. |
Toll Post, Railway Station, Jammu including its minor Toll Posts. |
12. |
Excise & Taxation Officer, Excise Range City North, Jammu. |
Excise Range City North, Jammu. |
13. |
Excise & Taxation Officer, Excise Range r'; v South, Jammu |
Excise Range City South, Jammu. |
14. |
Excise & Taxation Officer, Excise Range Doda-Udhampur |
Excise Range Doda-Udhampur. |
15. |
Excise & Taxation Officer, Excise Range Jammu-Kathua |
Excise Range Jammu-Kathua. |
16. |
Excise & Taxation Officer, Excise Range Rajouri-Poonch |
Excise Range Rajouri-Poonch. |
17. |
Excise & Taxation Officer, Excise Range, Kashmir. |
All Excise Ranges in Kashmir Division. |
18. |
Excise & Taxation Officer, Excise Range, Leh. |
Excise Range, Leh/Kargil. |
19. |
Excise & Taxation Officer, Eradication Wing, Jammu |
Eradication Wing, Jammu. |
i. Deputy Excise Commissioner, Executive, Jammu/Kashmir.
ii. Deputy Excise Commissioner, Accounts, Jammu.
iii. Deputy Excise Commissioner, Distilleries, Jammu.
iv. Principal, Excise & Taxation Training Institute, Nagrota.
v. Excise and Taxation Officer, Consolidation of Laws.
2. Deputy Excise Commissioner, Executive, Jammu will be the 1st Appellate Authority in respect of Public Information Officers of all Excise Ranges in Jammu Division/ Toll Post, Railway Station, Jammu/Udhampur/Eradication Wing. 3. Deputy Excise Commissioner, Executive Kashmir will be the 1st Appellate Authority in respect of Public Information Officers of Toll Post, Lower Munda/Upshi /Excise Kashmir/Excise Range Leh. 4. Deputy Excise Commissioner, Toll Post, Lakhanpur will be the 1st Appellate Authority in respect of the Public Information Officer, Toll Post, Lakhanpur. Right to Information Act, 2009 Constitution of State Information Commission SRO 325, dated 19.10.2009, General Administration Department In pursuance of powers under sub-section (1) of section 12 of the Jammu and Kashmir Right to Information Act, 2009 (Act No. VIII of 2009), the Government hereby constitutes a body to be known as the Jammu and Kashmir State Information Commission to exercise the powers conferred on, and to perform the functions assigned to, it under the said Act. Right to Information Act, 2009 Appointment of Shri Wajahat Habibullah as the State Chief Information Commissioner SRO 334, dated 22.10.2009, General Administration Department In exercise of the powers vested in me under sub-section (3) of section 12 of the Jammu and Kashmir Right to Information Act, 2009 (Act No. VIII of 2009), I, N. N. Vohra, Governor of Jammu and Kashmir, hereby appoint Shri Wajahat Habibullah, IAS (JK: 68) (retired) as the State Chief Information Commissioner of the State Information Commission, constituted vide notification SRO 325 dated 19th October, 2009. His appointment shall have effect from the date he assumes the charge of the said post. Right to Information Act, 2009 Appointment of Chief Information Commissioner SRO 57, dated 11.02.2011, General Administration Department In exercise of the powers vested in me under Section 12(3) of the Jammu and Kashmir Right to Information Act, 2009 (Act No. VIII of 2009), I, N.N. Vohra, Governor of Jammu and Kashmir, hereby appoint Shri Ghulam Rasool Sufi, IRS, presently Chief Income Tax Commissioner, Amritsar Region, as the State Chief Information Commissioner in the State Information Commission constituted vide Notification SRO 325 dated 19th Oct, 2009. Shri Ghulam Rasool Sufi's appointment as the State Chief Information Com-missioner shall take effect from the date he assumes charge of the post, after being relieved by the Government of India. Awareness Campaign regarding Right to Information Act, 2009 Circular No. 10-GAD of 2011, dated 25.02.2011, General Administration Department Subject: - Awareness Campaign regarding Right to Information Act, 2009. The J&K Right to Information Act, 2009 has been enacted to provide for setting out the regime of Right to Information for the people of the State to secure access to information under the control of Public Authorities in order to promote transparency and accountability in the working of every Public authority. It has been observed during deliberations with cross-sections of society that the knowledge and awareness about the RTI is generally missing among the common masses. Due to the lack of knowledge primarily among the beneficiary class ;it the rural, far flung, backward and inaccessible areas, the public generally has not been coming forward for availing the opportunities available through RTI route. It has further been learnt that due to the lopsided approach so far pursued, the benefits under this scheme have been confined to selected pockets and to a limited section of population. With a view to expanding the reach of this programme, the cooperation of all stakeholders is of paramount importance. During an interaction of HCM with the RTI activists, the need for holding seminars, symposiums, informative sessions and workshops was emphasized with specific mention about remote and far flung areas. In this backdrop, it is proposed to the Deputy Commissioners that they may have necessary steps initiated for conducting seminars, workshops, symposiums and informative sessions where all stakeholders are associated in the pursuit to inform all sections of society about the benefits available through RTI together with spelling out the mechanism for grievance redressal through this instrument. With a view to ensuring that the workshops and other IEC activities are made highly productive, NGOs and social activists engaged in this task can also be associated for interaction and imparting of necessary know how and knowledge. Training sessions can also be organized for APIOs /PIOs besides District Officers and other Government employees for their sensitization for improving the quality of services. Progress reports in above background shall be furnished by the concerned to the GAD in a consolidated manner reflecting the activities undertaken in next two months so that the brief resume of the achievements are summarized for the quarterly meeting being held under the Chairmanship of HCM with the social activists and NGOs for appraising the impact of the RTI Act. The receipt of the circular may kindly be acknowledged. Right to Information Act, 2009 Nomination of First Appellate Authority and Public Information Officer/APIO in State Information Commission Order No. 04/SIC-2011, dated 16.03.2011, Jammu and Kashmir Information Commission (Constituted under Right to Information Act)Subject : Nomination of First Appellate Authority and Public Information Officer/APIO in State Information Commission.
In pursuance of Section 5 read with Section 16 (1) of the RTI Act 2009 sanction is hereby accorded to the nomination of APIO/PIO. Ist Appellate Authority in J&K State Information Commission as under :-
S. No. |
Name of the Officer |
Designation |
Nominated as |
Level of Jurisdiction |
Contact No. |
01 |
Shri Shafiq Ahmad Raina |
Secretary |
1st Appellate Authority |
J&K |
0191-2475268 |
02 |
Shri Mushtaq Ahmad Wani |
Dy. Secretary |
PIO |
Central Office (moving) JKSIC |
0191-2475261 |
03 |
Shri Mushtaq Ahmad Khan |
Section Officer |
APIO |
Srinagar Office |
9906006858 |
04 |
Shri Satish Kumar Thaploo |
Extension Officer |
APIO |
Jammu Office |
9419132989 |
1. |
Central Office (Headquarter) |
Move office |
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(May-Oct. Srinagar) |
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Nov-April, Jammu) |
2. |
Divisional Office, |
Kashmir Srinagar |
3. |
Divisional Office, |
Jammu Jammu |
1 |
Addresses of Office Premises: |
State Information Commission Phone— 0194-2484269, 0194-2484267 (2) Wazarat Road, near DC Office, Jammu.** Phone-0191-2520947, 0191-2520937 |
At these premises there are Offices/Courts & Registry of: |
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(i) |
Chief Information commissioner (moving Office) at Srinagar (May-Oct) and Jammu (Nov-April) |
Shri G.R. Suffi. IRS |
(ii) |
Information Commissioner (Kashmir)* |
Not appointed yet |
(iii) |
Information Commissioner (Jammu)** |
Not appointed yet. |
Section 4(1)(b)(ii)
Powers and duties of Officers and employees:
S. No. |
Designation |
Power and Duties |
1. |
State Chief Information Commissioner(CIC) |
General superintendence, direction and management of affairs of the State Information Commission. Disposal of complaints/appeals pertaining to deptts/organizations forming part of Darbar-move. |
2. |
State Information Commissioner (IC) (Two) |
To assist the CIC. Each State Information Commissioner has been allocated Departments/Organizations falling within their respective allotted region of Kashmir/Jammu, for receiving and disposal of appeals and complaints under the provisions of J&K RTI Act 2009. Also such cases of appeals/complaints pertaining to moving deptts/orgns., as may be specifically assigned by CIC from time to time. |
3. |
Secretary |
Overall supervision of administrative work, also functioning as CEO & Registrar General of the CoMmission. Periodical (weekly) meetings of the Commission and preparation of minutes thereof. |
4. |
Registrar |
Monitoring the work of the Registry and Legal section in C1C office and those of Jt. Registrars of ICs, besides any other work delegated/assigned by CIC as per J&K RTI Act 2009. |
5. |
Joint Registrar |
Supervision/Monitoring of the work of Registry and Legal Section in IC offices (K/J) and RTI matters falling under the jurisdiction of their respective ICs. |
6. |
Deputy Secretary |
RTI matters in the jurisdiction of CIC, assist Secretary in matters of administration, monitoring of all the disciplinary cases recommended by the Commission, monitoring of website of the Commission, In charge of all the data which is generated and maintained by the Commission, designated PIO of SIC |
7. |
Under Secretary (2) (proposed creation) |
RTI matters falling trader the jurisdiction of IC (K) & IC (J) respectively. Administrative including protocol work in ICs offices. |
8. |
Private Secretaries to CIC, IC's |
Secretarial Assistance including diary, dispatch and any other work assigned in routine course. |
9. |
Accounts Officer/FA |
To examine all the proposals of the Commission having financial implications for obtaining the approvals as per the powers delegated by the CIC/Secretary. Incharge of protocol work, procurement, stores etc. |
10. |
Section Officer |
To assist Dy. Secretary in the discharge of his duties/functions and perform all other functions as Section Officer in CIC office. |
11. |
Computer System Administrator (Proposed Creation) |
To maintain the website and manage its updates and uploading of all information on daily basis. To assist in all the IT related tasks of the commissions. |
12. |
Legal Asstts. (proposed creation) |
To assist Registrar, Jt. Registrar, Dy./Asstt Registrar in matters of Registry, legal work as these relate to complaint/2nd appeal cases listed before CIC/ICs. |
13. |
Assistants |
Assistant to DS and US |
14. |
Cashier |
To perform all functions of Cashier. |
Section 4(1)(B)(III)
Procedure followed in the Appeals and Complaints under RTI Act, 2009: The Commission receives the Complaints under Section 15 of the RTI Act. The Complaint is placed before the appropriate Information Commissioner (IC) who has been allocated the deptt., whose Public Information Officer (PIO) has been complained against. The IC may order an inquiry as he deems fit. Generally IC may seek comments of the Public authority against which complaint has been received and take a suitable decision as per the provisions of the Act. The Commission receives appeals against the orders of PIO under Section 16 of the RTI Act. This is placed before the competent Commissioner who along with the Companion Information Commissioner disposes the appeal as per J&K RTI Rules 2010. Since the presumption is to make public all information unless exempted under the Act, the Commission has decided to hear first the PIO, so that unless the Commission agrees with the PIO, the appellant need not be bothered with personal presence. In any case the appellant will be invited to present his case if he desires at every hearing but the appellant need not present in the first hearing when the Commission will give the PIO an opportunity to state his case on the appeal memo received in the Commission. If the Commission sees merit in the PIO's arguments in denying information sought, the appellant will be given an opportunity to present his case in person or through any person appointed in this regard before the Commission for a final decision.
S. No. |
Details of Activity in Commission |
Decision making Process |
Authority Responsible for that activity |
1. |
Complaints |
Stage 1: Comments of PIO sought (fifteen days from receipt of Commission Orders). Stage 2: Further Inquiry or Hearing as per the directions of CIC and IC. Stage 3: Final Order Stage 4: Uploading decision of the Commission on the web site |
Stage 1: Registrar may seek comments and place it before the IC for further orders. Stage 2 and 3: As per the directions of IC's Stage 4: DS(PP)/PPS to CIC and IC's /Incharge Website. |
2. |
Appeals under Section 19 |
Stage 1: Preliminary hearing of the PIO/AA and the appellant |
Stage 1: As per orders of CIC and IC, Registrar may issue notice to PIO for preliminary hearing. Stage 2 and 3: As per the directions of CIC & IC's |
3. |
Updating of Section 4(1)(b) disclosure |
Stage 1: Finalization & preparation of the content material about the organization, its functioning etc. Stage 2: Uploading on the website. Stage 3: Updating. |
Deputy Secretary/Secretary |
4. |
Annual Report |
All Administrative departments are requested to send statutory information for the financial year ending in March by April 15th as prescribed in Section 22 of the RTI Act for submitting it as a part of the Commission annual report, which will be placed, before both houses of State Legislature. |
Secretary of the Concerned Administrative Deptt. to be coordinated by the Administration Wing in the Commission. |
Section 4(1)(b)(iv)
Norms set for discharge of functions in SIC: The appeals/complaints are taken up for hearing on first come first serve basis. Wherever the Respondents/Appellants have number of cases, efforts will be made to club such cases so that they could be heard on a single day. Preference may also be given to Senior Citizens and physically challenged persons for an out of turn hearing. There remain certain exceptions in maintaining the chronology where the cases are set up for hearing either at Jammu or Srinagar due to availability of a single bench at present besides other infirmities found in the documentation of appeal /complaint papers or delay in receiving the response from concerned PIO/public authority.Section 4 (I)(b)(v) & (vi)
List the rules/regulation/instructions/manuals/records held in CIC for discharging its functions: 1. The J&K Right to Information Act (RTI) 2009 2. The J&K Right to Information Rules 2010 3. Files of complaints and 2nd appeals.
Sr. No. |
Subject |
Type of Document file/muster/register/voucher etc. |
Particulars of Heading/type in the document |
Periodicity of preservation |
1. |
Appeals |
Files |
Section 16 of the RTI Act |
Not yet decided |
2. |
Complaints |
Files |
Section 15 of RTI Act |
Do |
3. |
General/Miscellaneous |
Files/Folders |
General Matters related to RTI or Miscellaneous non RTI matters. |
Do |
4. |
Administration |
Files |
Files related to administration in the Commission |
Do |
5. |
Annual Report |
Files |
Material furnished by Department for Annual Report |
Do |
Section 4 (I)(b)(vii) & (viii)
Consultation with the members of the Public: 1. Interaction with civil society and public already exists - either through the electronic mails and written suggestions. Commission does receive the view points through both these means. 2. The Civil Society/NGOs' views will be part of the Convention every year and its recommendations, if any, to be passed on to the Government for appropriate action. 3. Individual Comments are welcome. After examining, these issues will be taken up at the Annual Convention if deemed fit. Boards/councils/committees or other bodies constituted for advising CIC. These have to be open to public by making details of minutes in public domain: There are no boards/councils/committees set up to advise the Commission. However, meeting of the Commission to be convened at regular intervals once two Information Commissioners are appointed and assume office. The minutes of Commission meetings will be placed on the website of the Commission. Commission may convene meetings with various stakeholders of the RTI Act, the details of such a meeting are placed in the public domain and they may be accessible through the website of the commission.Section 4(I)(b)(ix)
Directory of the officers and employees of the commission.
Name and Designation |
Telephone Number |
Mobile Number |
|
Srinagar |
Jammu |
||
State Chief Information Commissioner |
0194-2484267 |
0191-2520937 |
- |
State Information Commissioner(K) |
- |
- |
- |
State Information Commissioner(J) |
- |
- |
- |
Secretary |
0194-2484262 |
0191-2520927 |
9419131617 |
Registrar |
0194-2484262 |
0191-2520947 |
9419521957 |
Joint Registrar |
0194-2484269 |
- |
- |
Deputy Secretary |
0194-2484269 |
0191-2520927 |
9419002485 |
Chief Accounts Officer |
0194-2484269 |
0191-2520947 |
9419105328 |
Private Secretary |
0194-2484267 |
0191-24520937 |
9419102931 |
Section Officer |
0194-2484269 |
- |
- |
Computer System Administrator |
- |
0191-2520947 |
9419132989 |
Head Assistant |
0194-2484269 |
0191-2520947 |
9419067221 |
S. No. |
Designation |
Names |
Name of the Cadre/Department/Corp. from which the officer/personnel has come |
1. |
Secretary |
Shri Shafiq Ahmad Raina |
J&K Administrative Services(KAS) |
2. |
Registrar. |
Mohd Syed Shah |
Department of Law Justice & Parliamentary affairs. |
3. |
Joint Registrar |
Hajra Malik |
Department of Law Justice &\Parliamentary affairs. |
4. |
Deputy Secretary |
Shri Mushtaq Ahmad Wani |
General Administration Department. |
5. |
Chief Accounts Officer |
(i) Shri R. K. Bhat |
Finance Department. |
6. |
Private Secretary |
(i) Shri Kuldeep Sapolia |
General Adm. Department. |
(ii) Shri Mohd. Akbar |
General Adm. Department. |
||
7. |
Sectional Officer |
Shri Mushta Ahmad (SO) |
General Adm. Department. |
8. |
Computer System Administrator/Extension officer |
Shri Satish Kumar Thaploo |
Deputed from JKHDC by Govt. |
9. |
Head Assistant, Senior Assistants and Junior Assistants |
(i) Shri M. Arshad Jan (HA) |
General Adm. |
(ii) Shri Faroq Ahmad (Act Asst) |
Finance Department. |
||
(iii) Shri Mohd Aftab (SA) |
General Adm. Department. |
||
(iv) Smt. Neelofar Rashid (SA) |
General Adm. Department. |
||
(v) Shri Pritam Singh (JA) |
General Adm. Department. |
||
(vi) Smt Neelam Koul (JA) |
JAKFED |
||
10. |
Legal Assistants |
Shri Waseem Ahmad Lone |
Department of Law Justice & Parliamentary affairs. |
Sh. Khalid Abdulah Shah |
Department of Law Justice & Parliamentary affairs. |
||
11. |
Junior Stenographer |
(i) Shri Javed Ahmad |
General Adm. Department. |
.(ii) Shri Munish Gupta |
General Adm. Department |
||
12. |
Peons |
(i) Shri Wali Mohd |
Deputed from Corporations by Govt. |
(ii) Shri Bilal Ahmad Sheikh |
|||
(iii)Shri Bashir Ahmad Sheikh |
|||
(iv) Shri Nisar Ahmad Mir |
|||
(v) Shri Showkat Ali |
|||
(vi) Shri Fat Krishen |
(a) Rupees ten for each page (A-4 or A-3) created or copied.
(b) Actual charge or cost price of a copy in large size paper.
(c) Actual cost or price for samples or models; and
(d) For inspection of records, no fee for the first hour; and a fee of Rupees Fifteen for each subsequent hour(or a fraction thereof)
(e) For information provided in diskette or floppy Rupees Seventy five per diskette or floppy and Rupees hundred per C.D.
(f) For information provided in printed form at the price fixed for such publication or Rupees Two per page or photocopy for extracts from the publication.
However, no fee has to be charged from persons who are below the poverty line. 15. What could be the ground for rejection? The rejection of the application seeking information can be made on the grounds as stated in Section 8 and 9. The grounds on which the information can be denied are broadly like information which relates to sovereignty, integrity and security of State, disclosure of which may violate any court order, disclosure of which may cause breach of privilege of the Parliament or State Legislature or disclosure of which may cause violation of intellectual property rights etc. 16. Who are the Appellate Authorities? The First appeal can be made within a period of thirty days of expiry of period within which information is to be provided or within thirty days of receipt of such decision before First Appellate Authority or Head of the Institution. The second appeal against the decision of the 1st Appellate Authority can be filed before the State Information Commission within a period of Ninety days from the date on which the decision should have been made by Ist Appellate Authority or within a period of Ninety days from the day on which the decision of the Ist. Appellate Authority was received. 17. How is the State Information Commission constituted? The Section 12 of J&K Right to Information Act provides that J&K State Information Commission shall be constituted by issuing notification in the Government Gazette. 18. What is the eligibility criterion and what is the process of appointment of State Chief Information commissioner? Section 12 (5) of J&K Right to Information Act, 2009 requires that the State Chief Information Commissioner and the State Information Commissioner shall be persons of eminence in public life with wide knowledge and experience in law , Science and Technology, Social Science, Management, Journalism , Mass Media or Administration and Governance. The State Chief Information Commissioner and the State Information Commissioners can be appointed by the Governor on the recommendations of committee consisting of Chief Minister, Leader of Opposition in the Legislative Assembly and Cabinet Minister to be nominated by the Chief Minister. However, where the Leader of Opposition in Legislative Assembly has not been recognized, then, the leader of single largest group in opposition to Government shall be deemed to be the leader of opposition for the purpose of committee of appointment of Chief Information Commissioner or Information Commissioners. 19. What are the powers and functions of Information Commission? The State Information Commission is the Appellate Authority. The second appeal against the decision of the Ist Appellate Authority can be filed before the State Information Commission within a period of Ninety days from the date on which the decision should have been made by Ist Appellate Authority or within a period of Ninety days from the day on which the decision of the Ist. Appellate Authority was received. The Commission has also a duty to receive and enquire into a compliant from any person relating to matters of Right to information. 20. What is the procedure of reporting? The State Information Commission is required to prepare a report at the end of each year. The report is them to be tabled before each house of the Legislature by the Government. 21. What are the penalty provisions? The powers of the State Information Commission are as under:(a) Where PIO is held guilty of not providing the information without reasonable cause or malafidely, a penalty of Rs. 250 for each day of delay subject to the condition that amount of penalty shall not exceed Rs. 25000. Section 17(1)
(b) J&K State Information Commission can if the PIO is held guilty of not providing information, recommend for disciplinary action against the Public Information Officer under Service Rules applicable 'Whim. Section 17(2
(c) State Information Commission can if it is satisfied that there are reasonable grounds to inquire into a matter and initiate an inquiry in respect thereof. Section 15 (2)
(d) The State Information Commission shall inquire into a matter have all the powers as are vested in a civil court under civil procedure code. It includes summoning, enforcing attendance of person receiving evidence and requisitioning any record and documents. Section 16 (9)
(e) State Information Commission can if it appears that practice of a Public authority do not conform to the provisions or spirit of the Act then it can make recommendation specifying the steps which ought to be taken for promoting such conformity. Section 22 (5)
(f) The State Information Commission can make a rating of public authorities in respect of their meeting the standards provided under J&K Right to Information Act, 2009 and the rules there-under. Rule 36 (i)
22. What is the jurisdiction of courts? The Section 20 puts a bar on initiation of proceedings before any court in respect of any order made under the Act. 23. What is the role of Central/ State Governments? The role of Government under J&K Right to Information Act 2009 is laid down under Section 23 they are;-(a) The Government is required to develop and organize educational programmes as to how the rights contemplated under the Act.
(b) Encourage public authorities to participate in educational programmes.
(c) Promote timely and effective dissemination of accurate information by public authority.
(d) Train public information officers and produces relevant training material.
(e) Publish a guide in official language of State in easy and comprehensible form for person/s who wishes to exercise the rights specified in the Act.
(f) Publish objects of the Act.
(g) Publish postal, street addresses, phone, fax and e-mail address of Public Information Officer.
(h) Publish fee to pay in applications under Right to Information Act.
24. Who has the Rule making Power? The Rule making power as per the Section 24 of J & K Right to Information Act 2009 is vested in the government of Jammu and Kashmir. The rules have been framed under SRO 196 and notified on 20th of July 2009. 25. Who has the power to deal with difficulties while implementing the RTI Act? The power to remove the difficulties is vested in government under Section 27. However the order to remove difficulties can only be made within two years from the date of commencement i.e. 20th March 2009. Any order made for the removal of difficulties has to be laid before each house of State Legislature, Right to Information Act, 2009 Appointment of State Information Commissioners in State Information Commission SRO 314, dated 13.10.2011, General Administration Department In exercise of the powers vested in me under Section 12(3) of the Jammu and Kashmir Right to Information Act, 2009 (Act No. VIII of 2009), I, N.N. Vohra, Governor of Jammu and Kashmir, hereby appoint Dr. Sudesh Kumar Sharma, Retired Dean, Faculty of Law, University of Jammu, and Shri Nazir Ahmed, presently Chief Engineer Public Works (R&B) Department, Kashmir, as the State Information Commissioners in the State Information Commission constituted vide Notification SRO 325 dated 19th Oct, 2009. The appointment of Dr. Sudesh Kumar Sharma shall take effect from the date he assumes charge of the office in the State Information Commission; and The appointment of Shri Nazir Ahmed shall take effect from the date he assumes charge of the office in the State Information Commissioner after being relieved by the State Government. Allocation of public authorities/ departments/ organizations/bodies among the Information Commissioners Order No: 28-SIC/CO of 2011, dated 28.10.2011, State Information CommissionSubject: Allocation of public authorities/departments/organizations/bodies among the Information Commissioners.
Consequent upon assumption of office by Dr. S.K.Sharma, State Information Commissioner, the Chief Information Commissioner in exercise of powers conferred on him under Section 12(4) of the J&K RTI Act.2009 read with Rule 25(1) of J&K RTI Rules 2010 has made allocation of public authorities/departments and other organizations/bodies to CIC/Information Commissioners as under, till further orders:-
S. No. |
Name of Public authorities/departments/organizations/bodies |
Allocated to: |
1. |
All public authorities/departments/organizations/bodies which are moving with Darbar Move besides Rural Dev. Deptt., Social Welfare, PW (R&B/PHE/FC/I) of Kashmir Division. |
G.R.Sufi, CIC |
2. |
All Non-moving public authorities/departments/ organizations/bodies of Jammu Division excepting those departments allocated to CIC |
Dr. S.K.Sharma, State Information Commissioner. |
3. |
All Non-Moving public authorities/ departments/organizations/bodies of Kashmir Division including Ladakh excepting those departments allocated to CIC. |
Till such time the SIC designate Shri Nazir Ahmed joins, the allocation will remain with CIC |
Right to Information Act, 2009 - Check List
1. |
Fee |
Cost of copying plus a fee of Rs. 50 generally. BPL citizens are exempted from fee. |
2. |
Exemptions |
No of exemptions increased to 11 clauses only, 20 years old information also has 3 restriction. Class exemptions are provided. |
3. |
Time Limit |
Thirty days for granting refusal. |
4. |
Urgent Request |
Information regarding rise and liberty has to be given within 48 hours. |
5. |
Suo Moto Disclosure |
Public Authority has no obligation to disclose. Section 4 (clause(2)) |
6. |
Appeals |
Appeals is provided to Appellate Authority and thereafter to Information commission. |
7. |
Private Bodies |
Private bodies are left out of purview. |
8. |
Means of Communication |
Disclosure in websites, printing of modules, workbooks, etc to made mandatory. |
9. |
Publication & Act |
It is mandatory. |
10. |
Training |
It is mandatory. |
11. |
Penalties |
Rs. 250 per day6 not exceeding Rs. 25, 000 can be imp0osed for delay, unjustified denial, etc., and departmental action is recommended (Imprisonment provisions removed.) |
12. |
Regulatory Body |
Information Commission is created as a Regulatory at Center and State levels, with independent powers. |
S. No |
Name of the officer/official with designation |
Official address |
Contact No. |
1. |
1. Dr. Vinod Kumar Gupta, AMO. PIO for AMO office and Ist. Appellate Authority for ESI Dispensaries of J&K2. Shri Surinder Kumar I/c Head Asstt. APIO for AMO office |
AMO ESI Scheme office of the Labour Commissioner J&K Rehari Nalla Jammu/Batmaloo Srinagar.-do- |
9419182638 |
2. |
1. Dr. Vandana Bakshi IMO, PIO for ESI Dispensary Bakshi Nagar 2. Sh. Karnail Singh, Sr. Pharmacist, APIO for ESI Disp. Bakshi Nagar |
ESI Dispensary Bakshi Nagar opp. Ambedkar Hall Reshamghar Colony, Jammu.-do- |
9419139404 9697231650 |
3. |
1. Dr. Monika Kotwal, IMO, PIO for ESI Dispensary Digiana. 2. S. Surjeet Singh, Sr. Pharmacist, APIO for dispensary. |
ESI Dispensary Digiana, H.No: 217, Near ESIC Local Office, Sanjay Nagar Jammu.-do- |
9419116834 9419392238 |
4. |
1. Dr. Kumail Murtaza, IMO, PIO for ESI Disp. B.Brahmana. 2. S. Popinder Singh, Sr. Pharmacist, APIO for the dispensary |
ESI Dispensary B.Brahmana, Near ESIC Model Hospital B.Brahmana -do- |
9419210019 9796018455 |
5. |
1. Dr. Suman Bala. IMO, PIO for ESI Disp. Kathua. 2. Sh. Ved Raj Sr. Pharmacist, APIO for the Disp. |
ESI Dispensary Kathua, near CTM Kathua -do- |
9419217468 7298203273 |
6. |
1. Dr. Zahoor Ahmed Malik, IMO, PIO for ESI Dispensary Rangreth, Kmr.2. Sh Nissar Ahmed Mir, Sr. Asstt. APIO for the dispensary |
ESI Dispensary Rangreth, SIDCO Ind. Complex, Rangreth, Kmr. -do- |
9419011371 9622762910 |
7. |
1. Dr. Zahoor Ahmed Malik, IMO, PIO for ESI Disp. 2. Mrs. Shenaz Akhtar, Sr. Asst. APIO for ESI Disp. |
ESI Dispensary Khanmoh near Jamia Masjid Khanmoh, Kmr. -do- |
9419011371 9622772000 |
8. |
1. Dr. Mudassir Sultana, IMO, PIO for ESI Disp. Bam Khan, Srinagar.2. Sh .Ab. Rashid Maqdoomi, Sr. Pharmacist, APIO for the dispensary |
ESI Dispensary Barn Khan, Ind. Estate BAM Khan Srinagar. -do- |
9419001159 9622772000 |
9. |
1. Dr. Yasmeen lqbal, IMO, PIO for ESI Disp. Zainakote. 2. Sh. Nazir Ahmed Bhat, Sr. Pharmacist, APIO for the dispensary |
ESI Dispensary Zainakote, SICOP Building Near HMT crossing, Zainakote, Sgr. |
9419409304 9469789211 |