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Make proactive disclosure within 2 months, refund RTI fee SIC's stringent directive to PF organisation 8/17/2014 11:38:41 PM Early Times Report Jammu, Aug 16: Taking strong notice of the non-implementation of Right to Information Act by the office of Provident Fund Commissioner, J&K, the State Information Commission (SIC) summoned the department's PIO, who is also Chief Accounts Officer, and handed her an order for ensuring pro-active (suo moto) disclosure under RTI Act within two months from the issuance of the order. The disclosure of requisite information is mandatory under J&K RTI Act 2009 as well as the central RTI Act of 2005 but majority of the public authorities in J&K continue to take this important provision for -granted. The SIC also directed the PIO to refund the fee which she had collected from the complainant who was provided information after the expiry of 30 days. RTI activist Raman Sharma moved an application on 30-03-2014 before the PIO of Employees Provident Fund Organization, Rail Head Complex, Jammu under Jammu & Kashmir Right to Information Act, 2009 where-under he sought certain information about Munish Sharma, son of Sham Lal Sharma who had submitted his claim for refund of his EPF against account No JK/J/2672/18839. The RTI application was received in the PIO's office on 01-04-2014 along with requisite fee of Rs 10 in the shape of Indian Postal Order. On 30-04-2014 the PIO sent a communication to the complainant containing partial information and also raised a demand of Rs 96 as cost of the information which comprised of 48 pages. The complainant in his complaint before the Commission submitted that the requested information was required in larger public interest and hence the information seeker without wasting time deposited the cost of information in Shalamar Branch of Jammu and Kashmir Bank on 08-05-2014 and personally visited the office of the respondent and apprised her that the fee has been deposited and requested that the rest of the information be released. Since the communication letter No ADDl.PFC/J/RTI/56 dated 30-04-2013 was received by the information seeker after one week and hence the demand raised by the PIO requesting the information seeker to deposit an amount of Rs 96 as cost of information at the fag end of thirty days was time barred and contrary to the mandate of J&K RTI Act, 2009. The demand for cost of information has to be raised within 30 days in fact it means that the information seeker should receive the information demanding cost of information as expeditiously as possible but not later than 30 days from the date of filing of RTI application. The information seeker received the actual intimation a week later without having any fault on his part. The PIO sat over his application for almost about 29 days and informed him on the last day only that he has to deposit the above said amount as cost of the information sought. The Commission after receiving the complaint listed the matter for hearing on 26-06-2014 and both the parties were present. During the course of proceedings held on that day, the Commission (SIC) observed that cost of information demand by the PIO was time barred and accordingly the PIO was directed to refund the amount to the information seeker. During the course of proceedings the information seeker also pleaded before the Commission that the Employees Provident Fund Organization, Jammu/Srinagar has not complied with the mandate of the Section 4 of the J&K RTI Act, 2009 and requested that they be accordingly directed to comply with the mandate of Section 4 of the J&K RTI Act, 2009. The PIO also submitted before the Commission that obligations of public authorities as laid down in Section 4 of the J&K RTI Act, 2009 has not been implemented by the Employees Provident Fund Organization, Jammu/Srinagar till date. "In view of these facts and observations, the PIO is directed to refund the amount of Rs 96 which she has collected from the information seeker as cost of information within one week from the date of receipt of this order under an intimation to the Commission" says SIC order. SIC order further reads as : " The Provident Fund Commissioner, J&K at present General Bus Stand, Batmaloo, Srinagar and Additional Provident Fund Commissioner, Rail Head Complex, Jammu are hereby directed to comply with the mandate of Section 4 of the J&K RTI Act, 2009 so that there is a suo motu disclosure of the information pertaining to their department within two months from the date of receipt of this order under an intimation to the Commission. The complaint is accordingly disposed of.Notice of this decision be given free of cost to the parties".   Share This News with Your Friends on Social Network     Comment on this Story

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