1. Preliminary

1. Manual is prepared for general guidelines for the effective administration of the Right to Information Act-2005. 
2. The provisions of the right to information Act 2005 have been adopted by NCW. While dealing with supply of the information, all provisions of the right to information Act 2005 shall apply.
3. Officers nominated for providing information held by NCW :
   1. Shri Yogesh Mehta, Law Officer has been nominated as Public Information Officer of NCW.
   2. Smt. Kusum Mishra, Deputy Secretary, has been nominated as Appellate Authority of NCW. 
4. Second appeal against the decision of the Appellate Authority may be referred to Central Information Commission in accordance with the provision of the right to information Act 2005.

 Note: - Member Secretary, National Commission for Women is competent to change the nomination of P.I.O. and Appellate Authority.

2. DEFINITIONS

             In this manual unless the context otherwise requires:-

1. "Appropriate Govt." means in relation to NCW, Central Government.
2. "Central information Commission" means the Central Information Commission constituted under sub section (1) of section-12.
3. "Central Public Information officer" means the Central Public Information Officer designated under sub section (1) of section 5 and includes a Central Assistant Public Information Officer designated as such under sub section (2) of section-5.
4. Chief information Commissioner" and Information Commissioner mean the Chief Information Commissioner and Information Commissioner appointed under sub section (3) of section-12. 
5. " Information"- means any material in any form; including records; documents; memos, e-mails, opinions, advices, press releases, Circulars, orders, logbooks; contracts, reports, papers; samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force.
6. "Record" includes -
   1. any document, manuscript and file,
   2. any microfilm, microfiche, and facsimile copy of document,
   3. any reproduction of image or images embodies in such microfilm (whether enlarged or not) and 
   4. any other material produced by a computer or any other device.
7. "Public Authority" means National Commission for Women.
8. "Right to information" means the right to information accessible under the Right to Information Act, 2005, which is held by or under the control of NCW and includes the right to:-
   1. Inspection of work, documents, records, 
   2. Taking notes, extracts, or certified copies of documents or records.
   3. Taking certified samples of material. 
   4. Obtaining Information in the form of diskettes floppies, tapes, video cassettes or in any other electronic mode or through printouts, where such information is stored in a computer or in any other device.
9. "Third party" means a person other than the citizen making a request for information from NCW and includes a public authority. 
10. "Act" mean "the Right to information Act-2005.

3. Subject to the provisions of this Act, all citizens shall have the Right to Information. 
4. Obligation of the Commission-
   1. The Authority shall maintain all its records duly catalogued and indexed in a manner and the form which facilitates the right to information under the Act and to 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 country on different systems so that access to such records is facilitated.
   2. Shall ensure that the following information are made available and published. 
      1. The Particulars in respect of the organization; functions and duties
      2.  the powers and duties of its officers and employees 
      3. Procedure, followed in the decision making process including channel of supervision and accountability. 
      4. Maintain the Norms set by NCW for the discharge of the functions and duties of officials. 
      5. Regulations, instructions, records, manuals, decision & policies with effect for discharging the functions of respective cells/ departments. 
      6. Maintain Statements of the categories of documents that are held by it and which are necessary to be maintained for processing.
      7. Maintain the details 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.
      8. The statements of Board/ decision of the Councils,/ committees and other bodies consisting of two or more than two persons constituted by the Commission for the purpose of its advice and as to whether the minutes of such meetings are accessible for public. 
      9. Maintain the minutes of decisions of the Commission and of such meeting which are accessible for public. 
      10. Maintain a directory of its officers and employees. 
      11. Accounts Cell/Section shall maintain the monthly remuneration received by each of its officers and employees including the system for compensation as provided in its regulation. 
      12. Account cell/sections shall also maintain the budget's record and the budget allocated to each and every cell of the Commission indicating the particulars of all plans. 
      13. Account cell/section shall also maintain record of the proposed expenditure and reports on disbursements made and to be made.
      14. All cells shall maintain details in respect of the information available with them and details of facilities available to citizens for obtaining information. 
      15. The Information related to facilities of citizen will be released through Public Relations Office by issuing Public Notice by publishing in electronic and print media. 
      16. The Commission shall maintain the manner of execution of schemes and programmes of schemes indicating the particulars /amount allocated and details of the beneficiary.
      17. Maintain such other information as may be prescribed and required and thereafter update the information every year.
   3. Publish all relevant facts while formulating important policies or decisions which affect Public through various means of communications including print media and internet, so that the public have minimum resort to the use of this Act to obtain information. 
   4. Every information should be disseminated widely in such form and the manner which is easily accessible to the public.
   5. Provide reasons for its administrative or quasi judicial decisions to affected persons.
   6. All material shall be disseminated taking into consideration the cost effectiveness, local language and the most effective method of communication in that local area and the information should be easily accessible to the extent possible in electronic format.
   7. The PIO may seek the assistance of any other officer as he/she considers it necessary for the proper discharge of his/her duties under section 5(4). 
   8. Any officer whose assistance has been sought shall render all assistance to the PIO, seeking his/her assistance for the purposes of any contravention of the Act, such officer shall be treated as PIO under section 5(5) of the RTI Act 2005

5. The following procedure has to be adopted to provide information -

             Eligibility:-

1. Any Citizen of India can secure access to information from the National Commission for Women. 
2. A person who desires to obtain any information under the Right to Information Act 2005 shall make a request in writing in Hindi or English accompanying Rs. 10 fee with each request under section 6(1). 
3. The applicant can send the application by post or through the electronic means or can deliver it personally in the office of the public authority
4. P.I.O. shall render all reasonable assistance to the person making the request orally to reduce the same in writing. 
5. The required fee shall be sent/deposited by cash against proper receipt or through Bank draft/bankers cheque or Postal Order payable to P.A.O. NCW. 
6. The following fee has been prescribed for obtaining information :-
   1. Aplication Fee Rs.10/- per application.
   2. Copy of Pages Rs.2/- per page in A-4 or A-3. 
   3. Actual cost or Charges for a copy in large size paper 
   4. Sample or Model Actual Cost. 
   5. For Inspection of record, First hour no fee, Rs.5/- for each subsequent hour (or fraction thereof). 
   6. Floppy/Diskette Rs.50/-per floppy/Diskette.

Note- No fee from below poverty line applicants shall be realized. 

1. On receipt of the requests on prescribed form or on plain paper; P.I.O. shall issue acknowledgement to the applicant and forward the request to concerned section for obtaining information as early as possible.
2. The P.I.O. shall ensure delivery of the requests to the concerned section 48 Hours from the receipt of requests.
3. Taking notes, extracts or certified copies of documents or records is allowed. Taking certified sample of material is also allowed. A written request from the applicant shall be collected by P.I.O. for this purpose.
4. The applicant can obtain information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where the information is stored; in the computer device against the actual cost of the device.
5. P.I.O. shall ensure that the complete information is provided to the applicant within 30 days. In the case of third party -40 days time period is allowed to provide information. 
6. It shall be duty of Public Relation Officer to provide as much information suo moto to the public through press releases and website in order to reduce the number of applications. 
7. All the sections shall maintain their records and documents in such form and manner which is easily accessible to the public. They shall make the information known to the public through notice board and news papers and electronic medias/website of the Commission. 
8. Any officer/official of any Department, whose assistance is required for this purpose, shall render all Assistance to Public Information Office in terms of the provisions of the Right to Information Act 2005.

Note:- All the sections incharge are advised to provide complete information in accordance with the information asked for by the applicant. Incomplete or misleading information must be avoided to reduce the number of appeals under the Information Act 2005

6. Disposal of request
   1. The Citizen can file an application for getting information along with fee to the P.I.O. shall ensure, that request is delivered to concerned office, as early as possible.
   2. Where further fee is required say for photo copying; The P.I.O. shall intimate to the applicant in writing giving details of amount to be deposited for providing information. The Citizens can seek inspection of works, documents, and records, take extracts or certified copies of documents or sample of material. 
   3. On receipt of request in concerned department it shall be the duty of the Official In charge of the Section/Divisional Head of that department that the request is properly examined by nominated official and entered in the register.
   4. In case the inspection of document has been asked for, it shall be the duty of the official /person in charge of the section that the document or record or file is sent to P.I.O. with the information within 7 days so that P.I.O. may intimate applicant to inspect the record or documents under single window system.
   5. P.I.O. shall intimate the applicant to come and inspect the document available in his office within a week.
   6. The applicants shall be provided the information free of charge if the Commission fails to provide information within 30 days. If the interest of third party is involved then the time limit is 40 days. 
   7. The information is to be supplied in a time bound manner, failing which the applicant can file an appeal before the appellate Authority. In case information is supplied after 30 days, no further fee will be collected. 
   8. In case of third party information, the P.I.O. shall issue notice to third party and give him opportunity of hearing if required and 10 days time to represent (if required). The P.I.O. shall take into consideration the representation while taking decision on the request on merits.
   9. In case, where, the request is rejected or refused by the P.I.O.; the particulars of the Appellate Authority to whom appeal can be referred, shall be mentioned with time limit of the appeal.

The following information can be refused to provide to the applicant:- 
       
      EXEMPTION FROM DISCLOSURE OF INFORMATION

7. As per provision of Section-8 of the Act, the following type of information shall not be obligatory to be given:-
   1. Information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relations with foreign state or lead to incitement of an offence; 
   2. Information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; 
   3. Information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature;
   4. Information, including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the Competent Authority is satisfied that larger public interest warrants the disclosure of such information; 
   5. Information available to a person in his fiduciary relationship, unless the Competent Authority is satisfied that the larger public interest warrants the disclosure of such information;
   6. Information received in confidence from foreign Government;
   7. Information , the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; 
   8. Information which would impede the process of investigation or apprehension or prosecution of offenders; 
   9. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over; Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
   10. Information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the Appellate Authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information. Provided that the information which can not be denied to the Parliament or a state legislature shall not be denied to any person.
   11. Information which can not be denied to the Parliament or a state legislature shall not be denied to any person.

Note:- Without prejudice to the provisions of Section 8 of the Act, the Central Public Information Officer or a State Public Information Officer, as the case may be, may reject a request for information where such a request for providing access would involve an infringement of copyright subsisting in a person other than the State. Where a request for access to information is rejected on the ground that it is in relation to information which is exempted from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of record which does not contain any information which is exempted from disclosure under this Act and which can reasonably be severed from any part that contains exempt information.

In case of third party information marked confidential/secret by the third party, information shall not be disclosed without giving opportunity of hearing to third party regarding whether the information should be disclosed. Provided that except in the case of trade or Commercial secrets protected by law disclosure may be allowed if the public interest in disclosure out weights in importance any possible harm or injury to the interest of such third party.

8. A. Duties and responsibilities of P.I.O.
   1. To receive application on behalf of NCW and acknowledge them with date on such requests.
   2. To assign number of request under R.T.I Act and to enter it in a register with number.
   3. To scrutinize Applications and find out concerned section to whom request is to be forwarded.
   4. To forward application to the concerned department within 48 hours. 
   5. To receive appeals on behalf of appellate authorities for onward submission to Appellate Authority.
   6. To receive reply/information from concerned cell/section/Department.
   7. To compile the information with the request.
   8. To certify the information while providing it to the applicant.
   9. To ensure realization of requisite fee in each and every case.
   10. To ensure delivery of information to the applicants.
   11. To scrutinize the information sought for by the applicants.
   12. To examine whether any exemption is applicable under section 8 or 9 or 24 of the Act.
   13. If covered under any exemption to issue rejection/refusal order with cogent reasons.
   14. To examine if it pertains to life or liberty or any urgency.
   15. To examine if any further fee is required and issue instructions to realize fee.
   16. To Issue intimation for deposit of further fee with justification and his right to review of decision.
   17. To seek services of other officers who are posted in other departments and are acquainted with the information for ensuring the delivery of complete reply to the applicant.
   18. To ensure disposal of the requests within prescribed time period.
   19. To find out if third party is involved if so to issue notice to third party and to obtain representation from third party (if required).
   20. To give opportunity of hearing and to make representation orally or in writing to third party.
   21. To intimate him about his entitlement to make appeal to the appellate Authority within specified period.
   22. To prepare weekly statements and to apprise off the situation to Member Secretary NCW
   23. To maintain all RTI records, receipts of RTI, disposal and submit an annual statement

9. The Act provides for two tier system for appeals.
   1. Smt. Kusum Mishra, Deputy Secretary has been designated/ nominated as Appellate Authority of National Commission for Women.
   2. Any person who does not receive information within 30 days in normal course and within 40 days in the case of third party information or who is not satisfied with the information provided; may prefer first appeal of incomplete information. (as the case may be)
   3. An applicant may prefer an appeal to the Appellate authority who is an officer senior in rank to the P.I.O.
   4. An appeal may be filed within a period of 30 days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the P.I.O. is received. The appellate Authority may condone delay if sufficient cause is shown by the applicant.
   5. The appellate Authority shall dispose appeals within 30 days from the submission of appeal. 
   6. A second appeal against the decision of Appellate Authority can be referred to the Central Information Commission in case any person is not satisfied with the decision of the Appellate Authority.
   7. For filing second appeal 90 days time limit is prescribed limit.
   8. The Commission may Condon the delay if sufficient cause is shown.
   9. Third party appeal against decision of P.I.O. may be filed within 30 days before first appellate Authority and within 90 days of the decision of first appeal before U.P. State Commission.
   10. The Central Information Commission has been given enormous powers to attend to complaints and appeals etc. They have been given power of summoning and enforcing attendance of persons; compelling them to give oral or written evidence on oath to produce documents or things etc (if required).

10. Guidelines for applicant for filling application under the Right to Information Act 2005
    1. Identify the nature of information required. 
    2. Identify the period for which the information is required.
    3. Submit an application either in English or in Hindi.
    4. Make the application to Public Information Officer (P.I.O.)
    5. Pay the prescribed fee Rs.10/- per request.
    6. Pay further fee where required for obtaining photo copy or sample etc. 
    7. Await Reply for 30 days.
    8. If the information pertain to third party; third party can be given opportunity to represent his case. In those cases the applicant has to wait for 40 days to get reply/information.
    9. If no reply is received within 30 days or applicant is not satisfied with the reply received then provision of filling first appeal before Appellate Authority.
    10. The appellant has to wait for 30 days to obtain decision on the appeal.
    11. If the appellant is not satisfied with the decision of the appellate Authority, provision of second appeal against the decision of appellate authority within 90 days to Central Information Commission is available.

11. ACTIVITY CHART FOR PUBLIC INFORMATION OFFICER

S.NO.	Activity	Section	Time frame
1	Receive application, acknowledge it and put a stamp on the same.	6(1)	24 hours
2	Assign a number to received applications.		48 hours
3	Scrutinize the received application.		72 hours
4	Transfer the application or part thereof to other public authority. If it does not pertain to him.	6(3) Provision	5 days
5	Examine whether any exemption is applicable under section 8 ,9or 24.	8,9,24	5days
6	If covered under any exemption issue rejection order with cogent reason.	7(8)	10 days
7	Examine if it pertains to life or liberty.	7(1) Provision	48 hours
8	If yes collect information and dispose of.	7(1) Provision	48 hours
9	Examine if any further fee is required.	7(3) (a)	15days
10	Issue intimation for deposit of further fee with justification and his right to review of decision.	7 (3) (a) (b)	15 days
11	Seek services of other officers who will be deemed Central/State Public Information Officer.	5(4)	15 days
12	If not covered under exemption proceed further or collect information to adjudicate and dispose of application.	7 (1)	30 days
13	Find out if third party is involved if so issue notice to third party	11 (1)	Within 5 days
14	Give opportunity to make representation orally or in writing to third party.	11 (2)	Within 10 days (5+10) 15 days
15	Dispose of request in the case of third party	11	40 days
16	Intimate him about his entitlement to appeal	11(4)

12. The Information Commission
    1. The Information Commissions has been given enormous power to complaints and appeals. They have been given power of summoning and enforcing attendance and compel concerned person; to give oral and written evidence on oath and to produce documents
    2. The Information Commission can impose penalty @ Rs. 250/- per day subject to maximum of Rs. 25,000/- Burden of proving that the denial of information was justified; lies with the concerned officer who fails to provide information.
    3. In the event of persistent default the Information Commission may Issue directions for disciplinary action against defaulter for persistent default; however opportunity would be given to hear the defaulter. Burden of proof lies with the defaulter officer.
    4. The Information Commission are empowered to give Compensation.
    5. The Information Commission can intervene for not accepting an application, delay in release of information without reasonable cause or malafidely denying information or knowingly giving incorrect/ incomplete information; misleading information, destroying information and obstructing furnishing of information in any manner.

13. The Central Information Commission, after the end of each year is required to prepare a report on the implementation of the provisions of the Act during that year. Each Ministry/department is required, in relation to the public authorities within its jurisdiction to collect and provide information to the Central Information for preparation of the report. The report of the Commission, inter-alia contains following information in respect of the year to which the report relates----
    1. The number of requests made to each public authority;
    2. The number of decisions where applicants were not entitled to access to the documents pursuant to the requests, the provisions of the Act under which these decisions were made and the number of times such provisions were invoked
    3. Particulars of any disciplinary action taken against any officer in respect of the administration of the Act
    4. The amount of charges collected by each public authority under the Act
    5. Any fact which indicates the effort made by the public authority to administer and implement the spirit and intention of the Act.