PIO says “File destroyed”? Use this RTI format, based on Public Records Act, to expose lies

Dear fellow activists,

DOWNLOAD WORD FILE OF RTI APPLICATION FORMAT: http://tinyurl.com/RTIformat1

Public Information Officers sometimes falsely say that the file or document sought by you has been destroyed or disposed of. However, they cannot support this statement with evidence. Now you can use the Public Records Act & Rules to demand evidence or to expose improper and unlawful disposal.

Central Public Records ACT 1993 (Section 9) and Maharashtra Public Records Act 2005 (Sec 8) lay down strict terms & conditions, and procedure to be followed before destroying any government document. Public Records RULE no 9 (of both Centre & State) says that no public record shall be destroyed without being recorded, reviewed and properly documented. Public Records Act Sec 10 (Maharashtra Sec 9) states that improper destruction, defacement etc. is punishable with 5 years imprisonment and Rs 10,000 fine.

By demanding details of the procedure by which this document or file was supposedly disposed of, you can create pressure on government departments to disclose information. Ask for the following details:

1) Name & designation of the persons who destroyed/disposed of the above-mentioned Public Records.

2) Name & designation of your department’s Records Officer appointed as per Public Records Act and Rule 3 of Public Record Rules

3) Pages of Standing Guard file (maintained by Records Officer as per Rule 4) which refers to the document or file that has supposedly been disposed off

4) List of destroyed records maintained as per Rule no. 9(3)

5) Report, log-book and other records of burning or shredding in the presence of Records Officer

6) Half-yearly report furnished by Records Officer to Director General or Head of Archives as per Rule no. 9(4), especially the reviewing and weeding record.

7) All correspondence with reference to the above-mentioned destruction and disposal of public records

MARATHI & ENGLISH SPEAKERS PLEASE NOTE: The Maharashtra Act & Rules are almost exact translation of the Union Public Records Act & Rules. So, it will be sufficient if you can read and understand one of them. But take care while citing Section numbers of the Act, which are slightly different e.g. Section 10 (Penalties) in Union Act corresponds to Section 9 in Maharashtra Act.

MARATHI:

1. Maharashtra Public Records Act 2005 http://tinyurl.com/MarathiPRact

2. Maharashtra Public Records RULES 2007 http://tinyurl.com/MarathiPRrules

ENGLISH:

3. Central Public Records Act 1993 http://tinyurl.com/EnglishPRact

4. Central Public Records RULES 1997 http://tinyurl.com/EnglishPRrules

Friends, please study the Public Records Act & Rules, and start using them. They will be as useful as the RTI Act 2005, because they will enable RTI activists to become more effective!

Warm Regards

Krish

9821588114

“Lost file” excuse? Get FIR against Records Officer using these sections of Public Records Act

Dear RTI activists,

Just as we have the Public Information Officer (PIO) in every public authority, there is a Records Officer (RO) in almost every government department who can be fined Rs 10,000 or imprisoned for five years if documents are lost or tampered.

FOR CENTRAL GOVT DOCUMENTS, read Sec 10 of “Public Records Act 1993”: http://tinyurl.com/PublicRecords1

FOR MAHARASHTRA GOVT DOCUMENTS, read Sec 9 of “Maharashtra Act No 4 of 2006”: http://tinyurl.com/PublicRecords3

Quite often, we are denied information due to our own ignorance of these laws. No government employee can blandly say, “File lost” to an information seeker. There are clear-cut laws providing for who is to be held responsible and what is to be done in case documents or files are lost, misplaced or stolen. Therefore, under RTI, “File lost” can only be given as a reason for DELAY in providing information, but not as a reason for DENIAL of information.

If a file is lost, there is a clear-cut procedure that the officer designated as “Records Officer” has to follow. This may be summarized as “SRF” i.e.
a) SEARCH
b) RECONSTRUCT the file
c) Register FIR.

UNDERSTAND THESE KEY SECTIONS OF PUBLIC RECORDS ACT 1993:
SECTION 6:
Every records creating agency shall nominate one of its officers as records officer to discharge the functions under this Act.

Every records creating agency may set up such number of record rooms in such places as it deems fit and shall place each record room under the charge of a records officer.

SECTION 8:
The records officer shall, in the event of any unauthorised removal, destruction, defacement or alteration of any public records under his charge, forthwith take appropriate action for the recovery or restoration of such public records.

The records officer shall submit a report in writing to the Director General or as the case may be, the head of the Archives without any delay on any information about any unauthorised removal, destruction, defacement or alteration of any public record under his charge and about the action initiated by him and shall take action as he may deem necessary, subject to the directions, if any, given by Director General or, as the case may be, head of the Archives.

The records officer may seek assistance from any government officer or any other person for the purpose of recovery or restoration of public records and such officer or person shall render all assistance to the records officer.

SECTION 10: Whoever contravenes any of the provisions of section 4 or section 8 shall be punishable with imprisonment for a term which may extend to five years or with fine which may extend to ten thousand rupees or with both.

MAHARASHTRA ACTIVISTS: The corresponding sections of the State Act are 5, 7 & 9.

Exactly how, when and where must public records be classified, preserved, withdrawn or destroyed? Study Public Records RULES 1997: http://tinyurl.com/PublicRecords2
(These rules apply to Central Govt documents, but there must be similar rules for State Govt.)

Especially read the forms given at the bottom of the Rules, particularly Form 8, which enables citizens to enroll as “Research Scholars” and study the documents at National Archives of India. Many hidden treasures may lie in these archives, waiting to be discovered by you!

Warm Regards,
Krish
98215 88114